Visalia City Council
September 16, 2024

SR 198 WB Ramps
Northbound Westbound
SR 198 WB Ramps
Shirk Rd
Shirk Rd
Turning Movement Report
Rd 92 @ SR 198 WB Ramps
Tulare
Thursday, November 02, 2023 Clear

36.3281
-119.3677
1912
Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

Ruettgers & Schuler Civil Engineers
800-975-6938 Phone/Fax 1800 30th St, Ste 260
www.metrotrafficdata.com Bakersfield, CA 93301

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 6:00 AM - 6:15 AM 0 0 37 5 0 0 18 21 0 1 0 15 0 3 3 0 0 0 0 0 6:15 AM - 6:30 AM 0 0 33 7 0 0 26 14 0 2 0 18 0 2 1 0 0 0 0 0 6:30 AM - 6:45 AM 0 0 48 4 0 0 20 23 0 1 0 27 1 7 2 0 0 0 0 0 6:45 AM - 7:00 AM 0 0 69 5 1 0 29 32 0 3 0 36 0 6 3 0 0 0 0 0 7:00 AM - 7:15 AM 0 0 48 7 0 0 42 34 0 4 0 38 1 12 4 0 0 0 0 0 7:15 AM - 7:30 AM 0 0 74 10 1 0 36 45 0 3 0 33 0 13 3 0 0 0 0 0 7:30 AM - 7:45 AM 0 0 85 22 1 0 62 57 0 6 0 40 1 20 5 0 0 0 0 0 7:45 AM - 8:00 AM 0 0 95 23 0 0 72 58 0 6 0 69 0 22 4 0 0 0 0 0 TOTAL 0 0 489 83 3 0 305 284 0 26 0 276 3 85 25 0 0 0 0 0 Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 0 52 4 1 0 89 53 0 4 0 55 0 38 2 0 0 0 0 0 4:15 PM - 4:30 PM 0 0 59 11 3 0 78 66 0 0 0 53 0 34 5 0 0 0 0 0 4:30 PM - 4:45 PM 0 0 65 8 3 0 86 74 0 2 0 45 1 38 6 0 0 0 0 0 4:45 PM - 5:00 PM 0 0 65 11 1 0 84 62 0 1 0 56 2 37 0 0 0 0 0 0 5:00 PM - 5:15 PM 0 0 64 10 3 0 93 72 0 2 0 69 0 43 1 0 0 0 0 0 5:15 PM - 5:30 PM 0 0 62 11 1 0 78 63 0 1 0 58 1 37 1 0 0 0 0 0 5:30 PM - 5:45 PM 0 0 59 16 2 0 88 50 0 0 0 47 0 31 1 0 0 0 0 0 5:45 PM - 6:00 PM 0 0 50 9 1 0 52 48 0 1 0 52 1 28 2 0 0 0 0 0 TOTAL 0 0 476 80 15 0 648 488 0 11 0 435 5 286 18 0 0 0 0 0 PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 8:00 AM 0 0 302 62 2 0 212 194 0 19 0 180 2 67 16 0 0 0 0 0 4:30 PM - 5:30 PM 0 0 256 40 8 0 341 271 0 6 0 228 4 155 8 0 0 0 0 0 PHF Trucks PHF
AM 0.751 3.6% PM 0 271 341 0 0.927
PM 0.922 1.7% AM 0 194 212 0 0.781
PHF 0.864 0.684
AM PM
0 0 0 0
228 180 0 0
4 2 0 0
155 67 0 0
PM AM
PHF
##### ##### PHF

0.771 0 0 302 62 AM

0.974 0 0 256 40 PM
Southbound
Southbound Eastbound
Northbound Eastbound Westbound
Northbound Southbound Eastbound Westbound

SR 198 EB Ramps
Northbound Westbound
SR 198 EB Ramps
Shirk Rd
Shirk Rd
Turning Movement Report
Rd 92 @ SR 198 EB Ramps
Tulare
Thursday, November 02, 2023 Clear

36.3265
-119.3677
1913
Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

Ruettgers & Schuler Civil Engineers
800-975-6938 Phone/Fax 1800 30th St, Ste 260
www.metrotrafficdata.com Bakersfield, CA 93301

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 6:00 AM - 6:15 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 6:15 AM - 6:30 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6:30 AM - 6:45 AM 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 6:45 AM - 7:00 AM 0 0 0 15 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 7:00 AM - 7:15 AM 0 0 0 18 0 0 0 1 0 0 0 0 0 0 0 0 3 0 0 0 7:15 AM - 7:30 AM 0 0 0 16 1 0 0 0 0 0 0 0 0 0 0 0 5 0 1 1 7:30 AM - 7:45 AM 0 0 0 32 0 0 2 0 0 1 0 0 0 0 0 0 10 0 0 0 7:45 AM - 8:00 AM 0 0 1 47 1 0 1 0 0 1 0 0 0 0 0 0 13 0 0 1 TOTAL 0 0 2 134 2 0 3 1 0 2 0 0 0 0 0 0 48 0 1 2
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 0 1 18 0 0 0 3 0 0 0 0 0 0 0 0 22 0 0 0 4:15 PM - 4:30 PM 0 0 0 14 0 0 0 0 0 0 0 0 0 0 0 0 26 0 0 1 4:30 PM - 4:45 PM 0 0 0 17 0 0 2 2 0 0 0 0 0 0 0 0 21 0 2 0 4:45 PM - 5:00 PM 0 0 2 13 0 0 1 0 0 0 0 0 0 0 0 0 19 0 2 0 5:00 PM - 5:15 PM 0 0 0 8 0 0 2 1 0 0 0 0 0 0 0 0 45 0 3 1 5:15 PM - 5:30 PM 0 0 0 23 0 0 2 1 0 0 0 0 0 0 0 0 23 0 2 0 5:30 PM - 5:45 PM 0 0 1 22 0 0 0 0 0 0 0 0 0 0 0 0 23 0 2 0 5:45 PM - 6:00 PM 0 0 0 21 0 0 2 0 0 0 0 0 0 0 0 1 27 0 0 0 TOTAL 0 0 4 136 0 0 9 7 0 0 0 0 0 0 0 1 206 0 11 2
PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 8:00 AM 0 0 1 113 2 0 3 1 0 2 0 0 0 0 0 0 31 0 1 2 5:00 PM - 6:00 PM 0 0 1 74 0 0 6 2 0 0 0 0 0 0 0 1 118 0 7 1 PHF Trucks PHF
AM 0.605 4.0% PM 0 2 6 0 0.667
PM 0.886 0.5% AM 0 1 3 0 0.5
PHF ##### #####
AM PM
0 0 1 7
0 0 0 0
0 0 31 118
0 0 0 1
PM AM
PHF

0.615 0.656 PHF

0.594 0 0 1 113 AM

0.815 0 0 1 74 PM
Southbound
Southbound Eastbound
Northbound Eastbound Westbound
Northbound Southbound Eastbound Westbound

Tulare Ave
Northbound Westbound
Dirt Rd
Roeben St
Roeben St
Turning Movement Report
Roeben St @ Tulare Ave
Tulare
Thursday, November 02, 2023 Clear

36.3200
-119.3586
1914
Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

Ruettgers & Schuler Civil Engineers
800-975-6938 Phone/Fax 1800 30th St, Ste 260
www.metrotrafficdata.com Bakersfield, CA 93301

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 6:00 AM - 6:15 AM 0 3 18 0 1 0 3 17 0 1 0 0 3 0 0 0 2 8 26 0 6:15 AM - 6:30 AM 0 0 14 4 0 0 3 14 0 1 0 2 2 0 0 0 15 7 24 0 6:30 AM - 6:45 AM 0 5 25 0 0 0 4 18 2 2 0 0 2 2 1 0 8 22 29 0 6:45 AM - 7:00 AM 0 8 41 2 1 0 9 32 1 1 0 0 3 6 0 0 10 17 34 0 7:00 AM - 7:15 AM 0 7 29 8 1 0 13 28 1 1 0 0 11 4 0 0 5 11 33 0 7:15 AM - 7:30 AM 0 10 28 6 0 0 19 34 0 1 0 1 9 5 0 0 15 15 48 0 7:30 AM - 7:45 AM 0 20 49 5 1 0 31 45 2 1 0 0 9 11 0 0 16 26 66 0 7:45 AM - 8:00 AM 0 5 67 12 0 0 26 48 3 1 0 0 19 10 0 0 19 23 53 1 TOTAL 0 58 271 37 4 0 108 236 9 9 0 3 58 38 1 0 90 129 313 1 Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 8 36 5 0 0 44 43 3 2 0 2 27 17 0 0 13 15 22 1 4:15 PM - 4:30 PM 0 8 45 10 1 0 48 48 1 0 0 3 24 13 0 0 6 13 25 2 4:30 PM - 4:45 PM 0 9 37 12 4 0 67 49 2 1 0 1 23 22 1 0 7 20 31 1 4:45 PM - 5:00 PM 0 13 41 11 0 0 54 43 3 1 0 4 34 9 0 0 9 14 32 1 5:00 PM - 5:15 PM 0 6 37 13 1 0 56 47 3 2 0 5 39 19 0 0 9 17 33 1 5:15 PM - 5:30 PM 0 6 43 10 1 0 55 52 1 0 0 3 34 15 2 0 10 18 23 3 5:30 PM - 5:45 PM 0 8 48 15 0 0 40 37 4 0 0 0 27 11 0 0 11 17 30 0 5:45 PM - 6:00 PM 0 11 31 10 0 0 40 36 1 1 0 2 24 9 1 0 3 12 26 0 TOTAL 0 69 318 86 7 0 404 355 18 7 0 20 232 115 4 0 68 126 222 9 PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 8:00 AM 0 42 173 31 2 0 89 155 6 4 0 1 48 30 0 0 55 75 200 1 4:30 PM - 5:30 PM 0 34 158 46 6 0 232 191 9 4 0 13 130 65 3 0 35 69 119 6 PHF Trucks PHF
AM 0.794 0.8% PM 9 191 232 0 0.915
PM 0.969 1.7% AM 6 155 89 0 0.801
PHF 0.825 0.681
AM PM
0 0 200 119
13 1 75 69
130 48 55 35
65 30 0 0
PM AM
PHF

0.764 0.945 PHF

0.732 0 42 173 31 AM

0.915 0 34 158 46 PM
Southbound
Southbound Eastbound
Northbound Eastbound Westbound
Northbound Southbound Eastbound Westbound

Walnut Ave
Northbound Westbound
Walnut Ave
Shirk Rd
Shirk Rd
Turning Movement Report
Rd 92 @ Walnut Ave
Tulare
Thursday, November 02, 2023 Clear

36.3127
-119.3675
1915
Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

Ruettgers & Schuler Civil Engineers
800-975-6938 Phone/Fax 1800 30th St, Ste 260
www.metrotrafficdata.com Bakersfield, CA 93301

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 6:00 AM - 6:15 AM 0 14 0 0 0 0 0 2 0 0 0 1 6 1 0 0 1 15 1 0 6:15 AM - 6:30 AM 0 14 1 2 0 0 1 2 4 0 0 3 6 5 0 0 0 17 0 0 6:30 AM - 6:45 AM 0 19 3 1 0 0 3 3 9 0 0 0 4 5 0 0 2 35 3 0 6:45 AM - 7:00 AM 0 19 7 1 0 0 1 4 14 0 0 6 3 3 0 0 1 28 2 0 7:00 AM - 7:15 AM 0 15 4 2 0 0 4 7 10 0 0 6 16 9 0 0 3 21 2 0 7:15 AM - 7:30 AM 0 23 7 3 0 0 4 9 9 0 0 4 16 13 0 0 1 42 0 0 7:30 AM - 7:45 AM 0 33 10 6 0 0 10 7 15 1 0 4 21 15 0 0 3 57 4 3 7:45 AM - 8:00 AM 0 30 14 6 0 0 3 6 12 1 0 21 36 17 1 0 4 48 7 0 TOTAL 0 167 46 21 0 0 26 40 73 2 0 45 108 68 1 0 15 263 19 3 Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 6 7 2 1 0 11 9 11 0 0 12 43 17 2 0 6 40 11 0 4:15 PM - 4:30 PM 0 14 8 3 1 0 2 14 12 1 0 7 56 20 1 0 4 24 9 1 4:30 PM - 4:45 PM 0 13 7 4 0 0 6 8 13 0 0 13 53 29 1 0 3 30 2 1 4:45 PM - 5:00 PM 0 14 7 2 1 0 3 8 14 0 0 14 57 30 0 0 5 26 10 0 5:00 PM - 5:15 PM 0 24 12 2 1 0 4 8 17 0 0 10 66 27 0 0 4 38 8 0 5:15 PM - 5:30 PM 0 11 12 4 1 0 5 10 11 1 0 10 65 34 1 0 3 30 9 1 5:30 PM - 5:45 PM 0 5 13 13 0 0 5 11 13 0 0 10 38 30 0 0 7 35 9 0 5:45 PM - 6:00 PM 0 14 8 4 0 0 5 14 9 0 0 11 39 23 0 0 5 19 10 0 TOTAL 0 101 74 34 5 0 41 82 100 2 0 87 417 210 5 0 37 242 68 3 PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 8:00 AM 0 101 35 17 0 0 21 29 46 2 0 35 89 54 1 0 11 168 13 3 4:45 PM - 5:45 PM 0 54 44 21 3 0 17 37 55 1 0 44 226 121 1 0 19 129 36 1 PHF Trucks PHF
AM 0.759 1.0% PM 55 37 17 0 0.94
PM 0.913 0.7% AM 46 29 21 0 0.75
PHF 0.897 0.601
AM PM
0 0 13 36
44 35 168 129
226 89 11 19
121 54 0 0
PM AM
PHF

0.75 0.902 PHF

0.765 0 101 35 17 AM

0.783 0 54 44 21 PM
Southbound
Southbound Eastbound
Northbound Eastbound Westbound
Northbound Southbound Eastbound Westbound

Walnut Ave
Northbound Westbound
Walnut Ave
Roeben St
Roeben St
Turning Movement Report
Roeben St @ Walnut Ave
Tulare
Thursday, November 02, 2023 Clear

36.3127
-119.3586
1916
April 17th, 2024
06-Tul-198-PM 5.5 to 6.1
1 Traffic Accident Surveillance and Analysis System (TASAS) Collision Data Summary
The data provided is protected by 23 U.S.C. § 407, and shall not be subject to discovery, nor admitted as evidence in any applicable legal proceeding against the State of California. By allowing the release of this information, the State of California, Department of Transportation does not waive any rights it has under 23 U.S.C. § 407.

SR 198 PM 05.500 to PM 06.100
Table 1 summarizes collision rates for the SR 198 freeway ramps at Shirk Road interchange in the County of Tulare. The Table B reports were generated on April 17, 2024, and they depict existing collision rates per million vehicles for the most recent 36-month period from July 1, 2020, to June 30, 2023, from the Traffic Accident Surveillance and Analysis System (TASAS).

Table 1
TASAS Table B Collision Rates
06-Tul-198
PM 5.50/6.10
TOTAL
No. of
Collisions
ACTUAL
(per million vehicles)

AVERAGE
(per million vehicles)
Fatal
Collisions
Fatal +
Injury
Collisions
Total (1) Fatal
Collisions
Fatal +
Injury
Collisions
Total (1)
PM 005.590
WB On From
Shirk Road
0 0.000 0.00 0.00 0.002 0.23 0.63
PM 005.601
EB Off to Shirk
Road
2 0.00 0.00 0.68 0.003 0.38 1.04
PM 005.901
EB On From
Shirk Road
0 0.00 0.00 0.00 0.002 0.23 0.63
PM 005.965
WB Off to Shirk
Road
0 0.00 0.00 0.00 0.003 0.38 1.04
(1) All reported collisions (includes Property Damage Only (PDO) Collisions) Analysis of the TASAS Table B records shows 2 collisions within the EB off-ramp to Shirk Road and study periods summarized above. It reflects that the actual Fatal, Fatal + Injury, and Total collision rates are below the average for similar facilities statewide.

Detailed analysis per the TASAS Table B shows that the primary collision factors in the segment were:

• “Speeding” (2)
1917
April 17th, 2024
06-Tul-198-PM 5.5 to 6.1
2 The types of collisions included:
• “Hit Object” (1), and
• “Rear End” (1)
The object hit in the “Hit Object” collision was reported as a dike or curb.

End of summary.

ER/CW
1918

VOL LOS VOL LOS VOL LOS VOL LOS VOL LOS VOL LOS
Tulare Ave to Walnut AveShirk St: 722 C 753 C 854 C 870 C 1022 C 1054 CShirk St to Roeben StWalnut Ave:
- C - C 159 C 184 C 205 C 250 C

VOL LOS VOL LOS VOL LOS VOL LOS VOL LOS VOL LOS
Tulare Ave to Walnut AveShirk St: 624 C 648 C 733 C 749 C 870 C 879 CShirk St to Roeben StWalnut Ave:
- C - C 150 C 166 C 207 C 234 C
Street 2023
2023+Project
Two-Way LOS 2028
2028+Project
Two-Way LOS
2033
Two-Way LOS
2033+Project
Two-Way LOS
2033+Project
Two-Way LOS
AM Peak Hour Traffic Analysi
s
Street 2023
2023+Project
Two-Way LOS 2028
2028+Project
Two-Way LOS
2033
Two-Way LOS
PM Peak Hour Traffic Analysi
s
1919
Appendix E
Agricultural Mitigation Memo
1920

ELLIOT PROPERTY
Agricultural Mitigation Memo

MITIGATION
Mitigation Measure AG-1: Following Visalia Municipal Code Chapter 18.04: Agricultural Land Preservation Program, the developer will acquire a minimum of 43.11 acres of Prime Farmland or Farmland of Statewide Importance. This land will be located in the southern San Joaquin Valley, but outside of Visalia’s Sphere of Influence. This farmland will be preserved for long-term agricultural uses.

California Farmland Mapping and Monitoring Program (FMMP) The FMMP is implemented by the California Department of Conservation (DOC) to conserve and protect agricultural lands within the State. Land is included in this program based on soil type, annual crop yields, and other factors that influence the quality of farmland. The FMMP mapping categories for the most important statewide farmland are as follows:
• Prime Farmland has the ideal physical and chemical composition for crop production. It has been used for irrigated production in the four years prior to classification and can produce sustained yields. 51% of the Visalia Planning Area is classified as Prime Farmland. • Farmland of Statewide Importance has also been used for irrigated production in the four years prior to classification and is only slightly poorer quality than Prime Farmland. 11% of the Visalia Planning Area is classified as Farmland of Statewide Importance. • Unique Farmland has been cropped in the four years prior to classification and does not meet the criteria for Prime Farmland or Farmland of Statewide Importance but has produced specific crops with high economic value. Less than 1% of the Visalia Planning Area is classified as Unique Farmland.
• Farmland of Local Importance encompasses farmland that does not meet the criteria for the previous three categories. These may lack irrigation, produce major crops, be zoned as agricultural, and/or support dairy. 2% of the Visalia Planning Area is classified as Farmland of Local Importance.

Visalia Municipal Code Chapter 18.04: Agricultural Land Preservation Program Chapter 18.04 of the Visalia Municipal Code details the Agricultural Land Preservation Program (Program) in Visalia. The agricultural land preservation program intends to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects.

Easement Acquisition: The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon. This shall include the conveyance of land within an agricultural land mitigation bank.
1921
Determination of Preserved Land Obligation: The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions.

All projects authorized by the City that would result in the conversion of prime farmland or farmland of statewide importance are subject to the provisions detailed in the Program. Projects can be exempt or excluded from the Program due to:

1. Location. Projects, or portions thereof, located on lands that are not within the Tier II Urban Development Boundary or the Tier III Urban Growth Boundary.

2. Size. Projects of five acres or less in gross area. The City may disallow the use of this exemption if it finds that the subject property has been subdivided into five-acre or smaller parcels in whole or in part to avoid the preserved land obligation in accordance with this chapter.

3. Prior Compliance. Projects on sites that have demonstrated compliance with the provisions of this chapter for affected acreage.

Projects consistent with any of the following criteria are not subject to the provisions of this chapter and shall be excluded from the preserved land obligation Such exclusions may comprise the entire project area or may be a portion of the project area acreage. Only such portions of the project area that falls within any of the following categories shall be excluded.

1. Farmland Designation. Acreage not designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation.

2. Farmland Designation. Acreage that may be designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation but meets at least one of the following standards.
o Land Use. The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar years. o Soils. The soil type is not listed on the Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance for Tulare County, as maintained by the Department of Conservation for purposes of the FMMP.

3. Project Type or Use. The following projects are exempt from the Program:
o Affordable housing projects that comply with State Density Bonus Law. o Agricultural processing uses.
o Agricultural buffers.
o Public facilities.
o Roadways.

Eligibility of Land for Easement. The preserved land shall meet all the following requirements to be eligible for placement in an agricultural conservation easement:
1922

1. The preserved land shall be in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recently published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

5. The preserved land shall have at least one verified source of water.

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

Eligibility of In-Lieu Fee Payment. To be eligible for payment of an in-lieu fee to satisfy the preserved land obligation, either of the following standards must be met.

1. The total preserved land obligation is less than 20 acres.

2. If the total preserved land obligation is 20 acres or more, the applicant must demonstrate at least one of the following to the satisfaction of the City:
a. No qualified entity exists;
b. The applicant has met with all qualified entities and all such entities are unable or unwilling to assist with the acquisition of an agricultural conservation easement, as certified in writing to the City; or
c. Working with a qualified entity, the applicant has made at least one good faith offer to purchase an agricultural conservation easement, but any and all such offers have been declined by the potential seller, as certified in writing to the City.

City of Visalia General Plan
The 2030 General Plan includes the policies related to agricultural resources that correlate to the proposed Project:
• LU-P-14: Recognize the importance of agriculture-related business to the City and region, and support the continuation and development of agriculture and agriculture related enterprises in and around Visalia by:
o Implementing growth boundaries and cooperating with the County on agricultural preservation efforts;
o Accommodating agriculture-related industries in industrial districts; o Facilitating successful farmers’ markets;
o Helping to promote locally grown and produced agricultural goods, and the image of Visalia and Tulare County as an agricultural region.
• LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.
1923
• LU-P-21: Allow annexation and development of residential, commercial, and industrial land to occur within the Tier II UDB and the Tier III Urban Growth Boundary consistent with the City’s Land Use Diagram, according to the stated phasing thresholds. • LU-P-30: Maintain greenbelts, or agricultural/open space buffer areas, between Visalia and other communities by implementing growth boundaries and working with Tulare County and land developers to prevent premature urban growth north of the St. Johns River and in other sensitive locations within the timeframe of this General Plan. • LU-P-31: Promote the preservation of permanent agricultural open space around the City by protecting viable agricultural operations and land within the City limits in the airport and wastewater treatment plant environs.
• LU-P-32: Continue to maintain a 20-acre minimum for parcel map proposals in areas designated for Agriculture to encourage viable agricultural operations in the Planning Area. • OSC-P-27: To allow efficient cultivation, pest control and harvesting methods; require buffer and transition areas between urban development and adjoining or nearby agricultural land. • OSC-P-28: Require new development to implement measures, as appropriate, to minimize soil erosion related to grading, site preparation, landscaping, and construction.

Tulare County General Plan
The 2030 Tulare County General Plan contains following policies related to agricultural resources that correlate to the proposed project:
• AG-1.1: The County shall maintain agriculture as the primary land use in the valley region of the County, not only in recognition of the economic importance of agriculture, but also in terms of agriculture’s real contribution to the conservation of open space and natural resources. • AG-1.6: The County shall consider developing an Agricultural Conservation Easement Program (ACEP) to help protect and preserve agricultural lands (including “Important Farmlands”), as defined in this Element. This program may require payment of an in-lieu fee sufficient to purchase a farmland conservation easement, farmland deed restriction, or other farmland conservation mechanism as a condition of approval for conservation of important agricultural land to non-agricultural use. If available, the ACEP shall be used for replacement lands determined to be of statewide significance (Prime or other Important Farmlands), or sensitive and necessary for the preservation of agricultural land, including land that may be a part of a community separator as part of a comprehensive program to establish community separators. The in-lieu fee or other conservation mechanism shall recognize the importance of land value and shall require equivalent mitigation.
• AG-1.7: The County shall promote the preservation of its agricultural economic base and open space resources through the implementation of resource management programs such as the Williamson Act, Rural Valley Lands Plan, Foothill Growth Management Plan or similar types of strategies and the identification of growth boundaries for all urban areas located in the County.
• AG-1.8: The County shall not approve applications for preserves or regular Williamson Act contracts on lands located within a UDB and/or HDB unless it is demonstrated that the restriction of such land will not detrimentally affect the growth of the community involved for the succeeding 10 years, that the property in question has special public values for open space, conservation, other comparable uses, or that the contract is consistent with the publicly 1924
desirable future use and control of the land in question. If proposed within a UDB of an incorporated city, the County shall give written notice to the affected city pursuant to Government Code §51233.
• AG-1.10: The County shall oppose extension of urban services, such as sewer lines, water lines, or other urban infrastructure, into areas designated for agriculture use unless necessary to resolve a public health situation. Where necessary to address a public health issue, services should be located in public rights-of-way in order to prevent interference with agricultural operations and to provide ease of access for operation and maintenance. Service capacity and length of lines should be designed to prevent the conversion of agricultural lands into urban/suburban uses.
• AG-1.11: The County shall examine the feasibility of employing agricultural buffers between agricultural and non-agricultural uses, and along the edges of UDBs and HDBs. Considering factors include the type of operation and chemicals used for spraying, building orientation, planting of trees for screening, location of existing and future rights-of-way (roads, railroads, canals, power lines, etc.), and unique site conditions. • LU-1.8: The County shall encourage and provide incentives for infill development to occur in communities and hamlets within or adjacent to existing development in order to maximize the use of land within existing urban areas, minimize the conversion of existing agricultural land, and minimize environmental concerns associated with new development. • LU-2.1: The County shall maintain agriculturally-designated areas for agriculture use by directing urban development away from valuable agricultural lands to cities, unincorporated communities, hamlets, and planned community areas where public facilities and infrastructure are available.
• PF-1.2: The County shall ensure that urban development only takes place in the following areas:
o Within incorporated cities and CACUDBs
o Within the UDBs of adjacent cities in other counties, unincorporated communities, planned community areas, and HDBs of hamlets
o Within foothill development corridors as determined by procedures set forth in Foothill Growth Management Plan
o Within areas set aside for urban use in the Mountain Framework Plan and the mountain sub-area plans; and
o Within other areas suited for non-agricultural development, as determined by the procedures set forth in the Rural Valley Lands Plan.
• PF-1.3: The County shall encourage those types of urban land uses that benefit from urban services to develop within UDBs and HDBs. Permanent uses which do not benefit from urban services shall be discouraged within these areas. This shall not apply to agricultural or agricultural support uses, including the cultivation of land or other uses accessory to the cultivation of land provided that such accessory uses are time-limited through Special Use Permit procedures.
• PF-1.4: The County shall encourage urban development to locate in existing UDBs and HDBs where infrastructure is available or may be established in conjunction with development. The County shall ensure that development does not occur unless adequate infrastructure is available, that sufficient water supplies are available or can be made available, and that there are adequate provisions for long term management and maintenance of infrastructure and identified water supplies.
1925

EXISTING FARMLAND
The proposed Project Site is located within the City of Visalia Planning Area in Tulare County. The Site is west of S Roeben Street, east of S Shirk Road, and south of Tulare Street. The Site is approximately 3.5 miles southwest of the Visalia downtown. The Project involves construction on APNs 087-010-006 and 087-010-008. The Site is topographically flat, with agricultural uses to the north and west and single-family housing to the south and east. The Site is zoned AE-20 (Exclusive Agriculture, 20 Acre Minimum Site Area) by Tulare County but will be zoned R-1-5, Single Family Residential, 5,000 square foot minimum site area, by the City of Visalia, pending annexation.

The Visalia General Plan Designation is Low-Density Residential. The Site contains agricultural uses, vacant land, and an oak grove.

The site is 59.13 acres in total. 57.82 acres are designated as Prime Farmland by the 2018 FMMP.

The remaining 1.31 acres are designated as Urban and Built-Up Land. Although the site is mostly Prime Farmland, it is designated for Low-Density Residential uses by the Visalia General Plan. The proposed project will follow this designation.

Visalia is planning for growth in this area due to its proximity to similar uses. Single-family homes currently exist to the east and south of the site. Farmland currently exists to the north and west of the site, however, these farmlands are designated as Low-Density Residential, Medium Density Residential, Neighborhood Commercial, and Parks/Recreation by the Visalia General Plan.

The site borders the existing Visalia City boundaries to the east and is located within Visalia’s Tier 2 Urban Development Boundary. These factors, along with the existing infrastructure and development in the surrounding area, make this site an ideal location for annexation and new development.
1926
1927

MITIGATED FARMLAND
The Project Site is not exempt from the Program. The Site is within the Tier 2 UBD and is larger than five acres. Following the Program’s policies, the 1.31 acres designated as Urban and Built-up land will be exempt. The remaining 57.82 acres are Prime Farmland, which has been used for irrigated agricultural production in the past four years. However, of these 57.82 acres, 10.47 will be roadways and 4.24 acres will be a public park. According to the Program, public facilities, including roadways and parks, are excluded from the mitigation. The remaining 43.11 acres will need to be mitigated.

The farmland for the mitigation would follow all requirements set out in the Visalia Municipal Code Chapter 18.04. This includes:

1. The preserved land will be in the southern San Joaquin Valley and will be outside Visalia’s City Limits/Sphere of Influence.

2. The preserved land will designated as prime farmland.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

4. The preserved land will be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

5. The preserved land will have at least one verified source of water. 1928

6. The preserved land will not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement.

IMPACTS OF PROJECT
The Project Site is currently occupied by agricultural land with field crops. Implementation of the proposed Project would result in the permanent conversion of approximately 57.82 acres of Prime Farmland to non-agricultural uses.

The loss of Prime Farmland on the Project Site would result in the decrease of Important Farmland inventory in the Visalia Planning Area. The Visalia Planning Area currently has an Important Farmland inventory of 43,155 acres, 33,991 acres of which were categorized as Prime Farmland. Implementation of the Project would convert 57.82 acres of Prime Farmland, which would result in a 0.13 percent decrease in the total Important Farmland inventory of the Visalia Planning Area and a 0.17 percent decrease in the Prime Farmland inventory.

Mitigation Measure AG-1 will secure 43.11 acres of permanent Prime Farmland outside of Visalia’s development boundaries to reduce this impact.

BENEFITS OF PROJECT AND MITIGATION
While the Project will impact the farmland inventory, it will bring benefits to Visalia. The Project will add new housing close to the existing City. This will reduce the need for housing further away, which would potentially add transportation and infrastructure impacts. Additionally, separating farmland from existing residential neighborhoods is ideal for both the farmland and neighborhoods. It will reduce the amount of noise in the neighborhoods and reduce the potential for pollution on the farmland. This Project and mitigation will secure permanent farmland outside of Visalia’s development boundaries.

This will ensure that the agricultural uses will exist long-term and will not be impacted in the future.

ALTERNATIVES
Reduced Project Size
To remain under the Program’s requirements, the Project would need to develop on less than 20 acres of Prime Farmland. If only 20 acres of the Prime Farmland were developed, the Project would be reduced to approximately 76 homes. This will reduce the amount of available housing in Visalia. This will not help Visalia’s housing goals and will lead to development in other areas.

No Project
The No Project alternative would leave the site as it currently is. This would preserve the existing Prime Farmland; however, it would not add housing to Visalia. This will not help Visalia’s housing goals and will lead to development in other areas. As previously discussed, this is an ideal location for new development and annexation into the City of Visalia. If the onsite farmland is preserved, it will eventually be surrounded by new development due to General Plan land designations and Visalia’s housing demands.
1929
Appendix F
Biochemical Oxygen Demand and Total
Suspended Solids
Calculations
1930
April 5, 2024
Community Development Department
Planning Department
315 E. Acequia Ave.

Visalia, CA 93291
Re: Elliott Subdivision – Biochemical Oxygen Demand and Total Suspended Solids Calculations
To Whom It May Concern,
We have prepared the calculations below using the best available standards and practices that were able to find. Our calculations reference a report prepared by Provost and Prichard titled Local Discharge Limits Development, that was prepared for the City of Visalia in March 2011, see Appendix A. We have also utilized the City of Visalia’s Sewer Master Plan, December 2005, to calculate an assumed volume of effluent for the proposed project. See below for the equation that will be utilized to calculate the assumed BOD and TSS that will be generated by the proposed project. 1931
Elliott Subdivision is a new project being proposed by San Joaquin Valley Homes. The project is Located on Shirk Street, south of Highway 198. The project is proposing to develop 60 Gross Acres into a residential subdivision. Using Table 3.4 from the City of Visalia’s Sewer Master Plan, the expected flow rates can be calculated using the Adjusted Flow Coefficients that have been provided.

Table 1: Breakdown of Land Use for Phase 1
Land Use Acreage Adjusted Flow Coefficient Expected
Flow
Unit
Low Density ResidenƟal 60 800 48000 GPD
Total Expected Flow: 48000 GPD
UƟlizing the equaƟon and coefficients previously provided, we can calculate BOD as Follows:

𝐴𝐻𝐿௪ௗ௥ =
(8.34)(𝐶௪ௗ௥)൫𝑄௪௪௧௙൯
൫1 − 𝑅௪௪௧௙൯
Where:

𝐶௪ௗ௥ = 30
𝑄௪௪௧௙ = .048 𝑀𝐺𝐷
𝑅௪௪௧௙ = .9881
𝑩𝑶𝑫 = 𝟏𝟎𝟎𝟗. 𝟐𝟏 𝑳𝒃/𝑫𝒂𝒚
1932
UƟlizing the equaƟon and coefficients previously provided, we can calculate TSS as Follows 𝐴𝐻𝐿௪ௗ௥ =
(8.34)(𝐶௪ௗ௥)൫𝑄௪௪௧௙൯
൫1 − 𝑅௪௪௧௙൯
Where:

𝐶௪ௗ௥ = 30
𝑄௪௪௧௙ = .048 𝑀𝐺𝐷
𝑅௪௪௧௙ = .9865
𝑻𝑺𝑺 = 𝟖𝟖𝟗. 𝟔𝟎 𝑳𝒃/𝑫𝒂𝒚
Please review the calculaƟons provided and if there are any addiƟonal quesƟons or informaƟon needed, please feel free to contact me at (559)802-3052.

Jonathan J. Frausto
Project Manager
1933
Appendix A
1934

SENT VIA ELECTRONIC MAIL
July 03, 2024
Cristobal Carrillo
Associate Planner
City of Visalia, Planning & Community Preservation Department 315 E. Acequia Avenue
Visalia. CA 93291
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE ANNEXATION NO. 2024-01 AND ELLIOTT TENTATIVE SUBDIVISION MAP NO. 5597 PROJECT DATED JUNE 27, 2024, STATE CLEARINGHOUSE NUMBER 2024061280
Dear Cristobal Carrillo,
The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration for the Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 project (project). The proposed project is divided into two parts. The first part is the Annexation No. 2024-01 requested by Jonathan Frausto/San Joaquin Valley Homes to annex two parcels totaling approximately 59.13-acres into the city limits of Visalia. Upon annexation the area would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area), which is consistent with the General Plan Land Use Designation of Residential Low Density. Secondly, the Elliot Tentative Subdivision Map No. 5597: requested by Jonathan Frausto/San Joaquin Valley Homes to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use 1935
Cristobal Carrillo
July 3, 2024

and additional out lots for landscaping and a neighborhood park, to be located within the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone.

After reviewing the Project, DTSC recommends and requests consideration of the following comments:

1. When agricultural crops and/or land uses are proposed or rezoned for residential use, a number of contaminants of concern (COCs) can be present.

The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are Dichlorodiphenyltrichloroethane, toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSC-SLs approved thresholds. If they are not, remedial action must take place to mitigate them below those thresholds.

2. Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons may be required

3. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.

4. DTSC recommends that all imported soil and fill material should be tested to assess any COCs meet screening levels as outlined in the PEA Guidance Manual. Additionally, DTSC advises referencing the DTSC Information 1936
Cristobal Carrillo
July 3, 2024

Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary.

To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

DTSC appreciates the opportunity to comment on the MND for the Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.

Sincerely,
Tamara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
1937
Cristobal Carrillo
July 3, 2024

cc: (via email)
Governor’s Office of Planning and
Research State Clearinghouse
[email protected]
Steven Macias
Engineering Manager - Project Applicant
San Joaquin Valley Homes
[email protected]
Jonathan Frausto
Project Manager
4Creeks Consulting Firm
[email protected]
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
1938
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 840-6066 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
July 16, 2024
TUL-198-5.927
MND/IS

ELLIOT SUBDIVISION
TENTATIVE SUBDIVISION MAP #5597
GTS: 02833

SENT VIA EMAIL
Mr. Cristobal Carrillo, Associate Planner
City of Visalia, Planning and
Community Preservation Dept. - Planning Division
315 East Acequia Avenue
Visalia, CA 93291
Dear Mr. Carrillo:

Thank you for the opportunity to review the Mitigated Negative Declaration/Initial Study (MND/IS) for the Elliot Subdivision proposing to divide 59.13 acres into 225 residential units (Project). The Project is located on the south side of Tulare Avenue, between Road 92 (Shirk Road) and Roeben Street, approximately ½ mile south of the State Route (SR) 198/Road 92 (Shirk Road) interchange, in the City of Visalia.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:

1. The MND Transportation section XVII, (pg. 3-114) identifies that a Traffic Impact Study (TIS) was prepared for the Project in Appendix D of the MND and concluded that the Project would not result in a significant increase in vehicle or truck trips.

Table 3-18 in the MND shows the estimated vehicle trips generated for the Project is expected to generate approximately 2,119 daily trips, including 155 AM peak hour trips (39 inbound, 116 outbound) and 212 PM peak hour trips (134 inbound, 78 outbound).

2. Caltrans reviewed and provided comments on the TIS in a letter dated June 13, 2024, submitted to the City.

3. The MND includes the mitigation measures TRAN-1 that indicates based on the results of the Level of Service (LOS) analysis and the eight-hour vehicular volume warrants, signals shall be constructed at three intersections by 2028 to operate at an acceptable level of service by year 2033. The Project will pay its fair share of 1939
Mr. Cristobal Carrillo – MND ELLIOT SUBDIVISION TSM #5597 July 16, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” traffic impact fees for the signals at the following intersections:
a. Shirk Street and SR 198 WB Ramps.
b. Shirk Street and SR 138 EB Ramps. (Please note that the State Route indicated needs to be revised from SR 138 to SR 198)
c. Shirk Street and Walnut Avenue.

4. An evaluation of Project vehicle miles traveled (VMT) was conducted based on VMT analysis guidelines adopted by the City of Visalia. The guidelines provide “screening thresholds” for identifying whether a land use project should be expected to result in a less than significant transportation impact under CEQA.

Projects meeting one or more of these criteria would not be required to undergo a detailed VMT analysis. One of the screening criteria is “Project Location Screening”.

Development projects that are in a low VMT zone would be expected to generate similar low vehicle miles travelled. Using the City of Visalia online VMT screening application, the project was determined to be in TAZ 1358. Utilizing the “VMT Per Capita” metric due to residential project, the average VMT was determined to be

8.61 miles per capita. The average VMT per service population for Tulare County is

11.9. Therefore, the project is determined to be in a low VMT zone, and the project would be expected to result in a less than significant transportation impact under CEQA, per MND Figures 3-8 and 3-9.

5. Regarding signalization of any State Highway System ramp intersection, it is Caltrans policy to analyze all potential intersection improvement solutions. An Intersection Control Evaluation (ICE) report is required for any proposed intersection improvement, in accordance with Traffic Operations Policy Directive No. 13-02, dated: August 30, 2013. The TOPD #13-02 can be found at (Traffic Operations Policy Directive (TOPD) 13-02, Intersection Control Evaluation (ICE).

6. Please note that any new project that may require employing full control at state highway intersections (i.e. to control all approaching traffic via use of signal, stop or yield control) must consider all three intersection control strategies (stop, roundabout and signal) and the supporting design configurations per the Intersection Control Evaluation (ICE) guidelines. ICE establishes a context and performance-based evaluation process to produce engineering recommendations on intersection traffic control strategies and geometric configurations for location specific needs and conditions. The first step of the ICE process will constitute conceptual approval by Caltrans Traffic Operations Office. The project opening day mitigation at an intersection must be evaluated per the ICE procedure. This new policy will affect the engineering process to determine the intersection improvement on State Route (SR) 198. The ICE requirements can be found on the Caltrans website: https://dot.ca.gov/programs/traffic-operations/ice (ICE Process 1940
Mr. Cristobal Carrillo – MND ELLIOT SUBDIVISION TSM #5597 July 16, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” Information Guide (PDF).

7. As a point of information, any work completed in the State’s right-of-way will require a Caltrans encroachment permit. An encroachment permit must be obtained for all proposed activities for placement of encroachments within, under or over the State highway rights-of-way. Activity and work planned in the State right-of-way shall be performed to State standards and specifications, at no cost to the State. Engineering plans, calculations, specifications, and reports (documents) shall be stamped and signed by a licensed Engineer or Architect. Engineering documents for encroachment permit activity and work in the State right-of-way may be submitted using English Units. The Permit Department and the Environmental Planning Branch will review and approve the activity and work in the State right-of-way before an encroachment permit is issued. The Streets and Highways Code Section 670 provides Caltrans discretionary approval authority for projects that encroach on the State Highway System. Encroachment permits will be issued in accordance with Streets and Highway Codes, Section 671.5, “Time Limitations.” Encroachment permits do not run with the land. A change of ownership requires a new permit application. Only the legal property owner or his/her authorized agent can pursue obtaining an encroachment permit.

8. Prior to an encroachment permit application submittal, the project proponent is required to schedule a “Pre-Submittal” meeting with District 6 Encroachment Permit Office. To schedule this meeting, please call the Caltrans Encroachment Permit Office - District 6: 1352 W. Olive, Fresno, CA 93778, at (559) 383-5047 or (559) 383- 5235.

9. Please review the permit application - required document checklist at:
https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=TR0402&distpath=M AOTO&brapath=PERM.

10.Please also review the permit application - processing checklist at:
https://dot.ca.gov/programs/traffic-operations/ep, and the Applicant's Check List to determine appropriate review process (form TR-0416) (Rev 01/23) at:
https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTTR0416 If you have any other questions, please call me at (559) 981-1041.

Sincerely,
Mr. David Deel, Acting Branch Chief, Transportation Planning – South 1941
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 840-6066 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
June 13, 2024
TUL-198-5.927
SPR #23131

ELLIOT SUBDIVISION
TRAFFIC IMPACT STUDY (REVISED APRIL 2024)
GTS: 02833

SENT VIA EMAIL
Mr. Cristobal Carrillo, Associate Planner
City of Visalia, Planning and
Community Preservation Dept. - Planning Division
315 East Acequia Avenue
Visalia, CA 93291
Dear Mr. Carrillo:

Thank you for the opportunity to review the Traffic Impact Study (TIS) revised April 2024 proposing to divide 59.13 acres into 224 residential units (Project). The Project is located on the south side of Tulare Avenue, between Road 92 and Roeben Street, approximately ½ mile from the State Route (SR) 198/Road 92 interchange, in the City of Visalia.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:

1. In Table 5a (Analysis of PM Queue Length) and Table 5b (Analysis of AM Queue Length), it's observed that the WBL movement shows identical volume and queue values during both AM and PM peak hours. Please verify the volumes for each scenario and make any necessary revisions to the tables accordingly.

2. On page 24, second sentence in 2nd paragraph, the TIS states, “In all cases future 2028 background traffic exceed the storage length prior to the addition of project traffic.” Based on Tables 5a and 5b, this statement appears incorrect. The tables appear to indicate for year 2028, there is sufficient storage length for the background traffic prior to the addition of Project traffic. Please verify and correct as needed. Please resubmit the updated TIS to Caltrans for review.

3. Caltrans has processed the Safety Crash Data Request received from the Project consultant. The consultant should now use the provided crash data to complete the safety review, as mentioned in our previous letter, dated March 22, 2024. The safety review should identify and analyze any potential safety impacts due to the increased conflicts. The safety review should include, but is not limited to, the following: conflict avoidance (weaving, existing maneuvers), correlation between collisions and design 1942
Mr. Cristobal Carrillo - SPR #23131 ELLIOT SUBDIVISION
June 13, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” standards such as widths and alignment, separation of vulnerable road users from vehicle traffic, and prevention of wrong-way driving. The safety review should be included within the TIS. Please submit the updated TIS for Caltrans review.

4. Alternative transportation policies should be applied to the development. An assessment of multi-modal facilities should be conducted to develop an integrated multi-modal transportation system to serve and help alleviate traffic congestion caused by the project and related development in this area of the City. The assessment should include the following:
a. Pedestrian walkways should link this proposal to an internal project area walkway, transit facilities, as well as other walkways in the surrounding area. b. The Project might also consider coordinating connections to local and regional bicycle pathways to further encourage the use of bicycles for commuter and recreational purposes.
c. If transit is not available within ¼-mile of the site, transit should be extended to provide services to what will be a high activity center.

5. Caltrans recommends the Project implement “smart growth” principles regarding parking solutions, providing alternative transportation choices to residents and employees. Alternative transportation choices may include but are not limited to parking for carpools/vanpools, car-share and/or ride-share programs. Active Transportation Plans and Smart Growth efforts support the state’s 2050 Climate goals.

6. Caltrans supports reducing Vehicle Miles Traveled (VMT) and Green House Gas (GHG) emissions in ways that increase the likelihood people will use and benefit from a multimodal transportation network. Based on Caltrans VMT-Focused Transportation Impact Study Guide, dated May 20, 2020, and effective as of July 1, 2020, Caltrans seeks to reduce single occupancy vehicle trips, provide a safe transportation system, reduce per capita Vehicle Miles Traveled (VMT), increase accessibility to destinations via cycling, walking, carpooling, transit and reduce greenhouse gas (GHG) emissions.

Caltrans recommends that the project proponent continue to work with the City or County to further implement improvements to reduce vehicles miles traveled and offer a variety of transportation modes for its employees.

If you have any other questions, please call me at (559) 981-1041.

Sincerely,
Mr. David Deel, Acting Branch Chief, Transportation Planning – South 1943
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 840-6066 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
March 22, 2024
TUL-198-5.927
SPR #23131

ELLIOT SUBDIVISION

TRAFFIC IMPACT STUDY
GTS: 02833

SENT VIA EMAIL
Ms. Susan Currier – Senior Administrative Assistant
City of Visalia
315 East Acequia Avenue
Visalia, CA 93291
Dear Ms. Currier:

Thank you for the opportunity to review the Traffic Impact Study (TIS) proposing to divide 59.13 acres into 224 residential units (Project). The Project is located on the south side of Tulare Avenue, between Road 92 and Roeben Street, approximately 0.5 miles from State Route (SR) 198 on and off-ramps at Road 92, in the City of Visalia.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:

1. Caltrans requests the Project to provide queuing analysis for the westbound left-turn movement at the westbound SR 198 off-ramp for Table 5a – PM Queue Length Analysis.

2. According to the Caltrans Local Development Review Safety Practitioner’s Guidance, a safety review is required because the Project will be adding trips to the State Highway System. The safety review should identify and analyze any potential safety impacts due to the increased conflicts.

For questions, please contact Scott Lau, Associate Transportation Planner, at (559) 981-7341 or [email protected].

Sincerely,
BRADEN DURAN, Acting Branch Chief
Transportation Planning – South
1944

REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: August 12, 2024 (Continued from July 22, 2024) PROJECT PLANNER: Cristobal Carrillo, Associate Planner
Phone No.: (559) 713-4443
Email: [email protected]
SUBJECT: Annexation No. 2024-01: A request by San Joaquin Valley Homes to annex two parcels totaling approximately 59.13-acres into the City Limits of Visalia. Upon annexation the area would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area), which is consistent with the General Plan Land Use Designation of Residential Low Density.

Elliott Tentative Subdivision Map No. 5597: A request by San Joaquin Valley Homes to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park, to be located within the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone.

Project Location: The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue (APNs: 087-010-006, 008).

STAFF RECOMMENDATION
Annexation No. 2024-01
Staff recommends that the Planning Commission recommend that the City Council approve Annexation No. 2024-01, as conditioned, based on the findings in Revised Resolution No. 2024-

08. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan.

Elliott Tentative Subdivision Map No. 5597
Staff recommends approval of the Elliott Tentative Subdivision Map No. 5597, as conditioned, based on the findings and conditions in Revised Resolution No. 2024-07. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning and Subdivision Ordinances, Housing Accountability Act (Government Code section 65589.5) and the Visalia Housing Element.

RECOMMENDED MOTION
I move to recommend approval of Annexation No. 2024-01, based on the findings and conditions in Revised Resolution No. 2024-08.

I move to approve Elliott Tentative Subdivision Map No. 5597, based on the findings and conditions in Revised Resolution No. 2024-07.

CONTINUED PUBLIC HEARING FROM JULY 22, 2024
The Planning Commission conducted a public hearing on July 22, 2024, for Annexation No. 2024- 01 and Elliott Tentative Subdivision Map No. 5597. After receiving the staff presentation and public testimony from the applicant and neighboring property owners, the Planning Commission continued the item to the August 12, 2024, meeting. The decision to continue the item was due to information provided during the public hearing from property owners within the Savannah Heights subdivision to the south. The property owners raised concerns about what would occur to a five1945 foot-wide strip of land under their ownership, as it is located between an existing block wall and the southern boundary of the Elliott Subdivision site.

The property owners stated that development of the Elliott Subdivision would infringe on their property and requested clarification on how the “5 foot wide by 1,197 foot long” strip of land under their ownership would be maintained and protected from possible trespassing. The Planning Commission directed staff to conduct research on the Savannah Heights subdivision to determine how the five-foot block wall offset from property line came to be, and directed the project applicant (San Joaquin Valley Homes) to reach out to affected property owners to devise potential solutions to address their concerns.

Savannah Heights Subdivision Map
On April 12, 1993, the Visalia Planning Commission approved the Savannah Heights Tentative Subdivision Map and Conditional Use Permit No. 1993-10. These projects were a request to develop a 53-lot single-family residential subdivision at a density of two dwelling units per acre in the former R-A (Rural Agricultural) zone. The Savannah Heights subdivision is located north of West Walnut Avenue, between South Shirk Street and South Roeben Street, just south of the proposed Elliott Subdivision. As part of the analysis for the Savannah Heights project (see the 1993 staff report in Exhibit “L”), concerns were noted about potential impacts from the property to the north (i.e. the future Elliott Subdivision site), as it was in agricultural production at the time. To mitigate impacts from farming operations on the future Savannah Heights residential development, three conditions of approval were applied to create a buffer between the future residential uses and existing agricultural uses. The conditions were as follows:
• Application of a 50-foot-wide non-habitable rear setback area along the northern portion of the six lots adjacent to the agricultural parcel to the north. • Installation of a 6-foot, 8-inch-tall block wall along the northern edge of the six lots adjacent to the agricultural parcel to the north, setback five feet behind the northern property boundary “…to provide turning areas for farm equipment,” and planting of a tree row inside the wall. The report notes that this wall “…would be maintained by the individual homeowners.”
• Attachment of a “Right to Farm” notice to the Final Subdivision Map and property deeds.

The agricultural buffer measures are included as Conditions of Approval Nos. 6, 7, and 8 of the Savannah Heights Planning Commission resolution (see Exhibit “K”). The block wall and 5-foot buffer are depicted in the Savannah Heights plans in Exhibit “J”. Please note that the report does not provide information on how the agricultural buffer measures originated. The report and exhibits also do not indicate what would occur to the block wall and 5-foot “buffer area” upon development of the property to the north.

Meeting with Savannah Heights Property Owners
On July 26, 2024, San Joaquin Valley Homes (SJVH) staff hand delivered letters to the property owners of the six Savannah Heights properties affected by the five foot buffer area. The letter (attached as Exhibit “H”) invited the property owners to an onsite meeting on July 30, 2024 to discuss options formulated by SJVH to address the issue. SJVH staff proposed two possible solutions, listed below as follows:
• Facilitation of a Lot Line Adjustment (LLA) by SJVH to incorporate the five-foot area from each affected parcel into the Elliott Subdivision project site. Fees associated with the LLA (estimated at $20,000) would be paid by SJVH and would go towards preparation and recordation of the LLAs; or
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• Construction of a new 6-foot, 8-inch tall block wall along the property line shared between the Elliott Subdivision site and the six Savannah Heights lots, with construction costs to be shared by all parties involved. Costs for removal of the existing block wall would be at the expense of the Savannah Heights property owners. Based on current estimates provided by SJVH, the cost of constructing a block wall is approximately $100 per linear foot. With each site containing an approximately 200-foot-long rear property boundary, the total cost per parcel would be approximately $20,000. SJVH would provide the Savannah Heights homeowners with two bids for construction of the wall, after which SJVH would collect $10,000 from each property owner for the walls construction. SJVH would provide Savannah Heights homeowners up to six months to pay the $10,000 amount to SJVH.

The applicant provided a block wall cost breakdown for each of the six lots as noted in the table below:

Savannah
Heights
Property
Owner
Wall Length
(LF)
Cost ($/LF) Total Cost Proposed Owner
Share
SJVH Cost
Tenn 245 110 $26,950 $10,000 $16,950
Schouten 197 110 $21,670 $10,000 $11,670
Swanson 189 110 $20,790 $10,000 $10,790
Baldwin 189 110 $20,790 $10,000 $10,790
Jongsma 196 110 $21,560 $10,000 $11,560
Brown 185 110 $20,350 $10,000 $10,350
Both options provided by SJVH would require unified cooperation from all six affected property owners in order to create an orderly shared boundary. A summary of the July 30, 2024 meeting is provided in Exhibit “I”. Per the information provided by SJVH staff, five out of the six affected property owners attended the meeting. Responses to the proffered solutions from SJVH were mixed, with a majority of the attendees requesting SJVH be solely responsible for the full cost to construct a new block wall on the shared property boundary. SJVH notes that the cost to construct a new block wall would be approximately $132,110, and that requiring SJVH to pay the full amount on its own would pose an unreasonable burden to development of the subdivision. Staff has noted a block wall is not required between single-family residential developments under state building code or the Visalia Municipal Code and this would be an additional expense. The e-mail states that alternative proposals from the Savannah Heights property owners would be entertained by SJVH. However, per SJVH staff no alternative proposals have been received as of the release of this staff report.

Conclusions
Staff notes that the applicant appears to have made a good faith effort to find a solution to remove the five-foot strip of land that is located between an existing block wall and the southern boundary of the Elliott Subdivision site. In spite of these efforts, the applicant was unable to forge a consensus amongst the affected property owners. Staff further notes that neither the applicant nor the City can compel the affected Savannah Heights property owners to cooperate with the applicant. The City also cannot legally require SJVH to acquire properties it does not own in order to facilitate removal of the five-foot strip of property owned by the Savannah Heights property owners, especially when the property owners do not wish to participate. There is also no codified 1947
development standard within the Visalia Municipal Code that requires a block wall to be constructed between R-1-5 zoned sites. Lastly, staff’s research into the development requirements for the Savannah Heights subdivision determined that no remedy was ever provided to remove the five-foot offset of the block wall from the shared property line, once development of the former agricultural site (i.e. the Elliott Subdivision site) occurred.

As a result staff concludes that no additional conditions should be applied to the Elliott Subdivision to address the five-foot offset area abutting the project site, except for Condition No. 9 of Elliott Tentative Subdivision Map No. 5597, which requires that a seven-foot-tall block wall be installed along the shared property boundaries between the proposed park and adjacent residential properties (Outlot E and Lot 1 of the Elliott Subdivision, Lots 44 and 45 of Savannah Heights Subdivision Unit 3, and property located at 1627 South Roeben Street). This condition is recommended to prevent impacts from use of the park on surrounding properties. Legally, the applicant/subdivider can construct a new fence on the property line shared with the six Savannah Heights property owners affected by the five-foot buffer area. The five-foot buffer areas owned by the six Savannah Heights property owners will be required to be maintained by those same property owners.

A revised resolution noting the continuance is included with this report. Additional public comment is also included in the “Public Comment Letters” exhibit provided by Jim and Carmen Martinez, owners of property within Tulare County jurisdiction, just southwest of the project site. Otherwise, the analysis and project conditions as contained within the July 22, 2024, Planning Commission staff report and revised resolutions for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597, remain unchanged.

PROJECT DESCRIPTION
The applicant, San Joaquin Valley Homes, has filed entitlement applications for the development of a 225-lot single-family residential subdivision, on 59.13 acres across two parcels located outside of City Limits, within the Tier II urban development boundary. The project site is primarily vacant, with a Valley Oak grove at the northwestern corner, and corn planted at the southwestern corner. Though the project site is not currently within an agricultural preserve, it is designated as Prime Farmland. Entitlements for this project consist of an annexation and tentative subdivision map.

Annexation No. 2024-01 is a request to annex the 59.13 acres into the Visalia City Limits (see Exhibit “B”). Upon annexation, the zoning designation for the project site will be R-1-5 (SingleFamily Residential 5,000 square foot minimum site area), as dictated by the Visalia General Plan land use designation of Low Density Residential.

Elliott Tentative Subdivision Map No. 5597 is a request to subdivide the 59.13 acres into a 225-lot single-family residential subdivision (see Exhibit “A”), to be developed in two phases (Exhibit “C”). The density of the subdivision will be 3.8 dwelling units per acre, consistent with the density range of the Low Density Residential General Plan land use classification, which notes density between 2 to 10 units per acre. The development will be serviced by 60-foot wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks, and streetlights), sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity and water). The development will also include a 4.15-acre neighborhood park (Outlot E on Exhibit “A”), at the southeast corner of the subdivision, encompassing the existing Persian Ditch. The park will be built by the developer and maintained by the City of Visalia Parks and Recreation Department. Park improvements are to be reimbursed by the Parks and Recreation Department. The operational statement in Exhibit “G” incorrectly states that the park will be maintained via a Landscape and Lighting District. 1948
Additional improvements proposed include installation of a temporary stormwater basin (to be removed with development of Phase 2), and public street improvements to South Roeben Street and West Tulare Avenue, both Collector Streets which will be widened to 42 feet within the boundaries of the subdivision, and South Shirk Street, a Minor Arterial roadway which will be widened to 55 feet on the east side, again within the boundaries of the subdivision. Lastly, improvements will be conducted to the Persian Ditch, to include the widening of existing service roads to 12 feet on each side and installation of six-foot-tall chain link fencing.

Primary access to Phase I of the subdivision will initially be from South Roeben Avenue and West Tulare Avenue, which will connect to South Shirk Street to the west. Upon completion of Phase 2 a second permanent access will be provided along South Shirk Street and a second access will be provided along West Tulare Avenue. Improvements along these major streets include construction of curb, gutter, sidewalks, block walls (where lots do not front onto major roadways), installation of park strip landscaping, streetlights, sanitary sewer, and undergrounding of utility lines. The street improvements associated with this subdivision are discussed in greater detail in the Street Improvements section of the report.

The subdivision map will create 5 lettered outlots to be dedicated to the City of Visalia. The outlots will function as landscaping lots with block walls (Outlots A through D) and a neighborhood park (Outlot E). The outlots account for approximately 4.8 acres of the total 59.13-acre development.

The applicant has not provided floor plans or elevations for the development. However, the operational statement notes that subdivision will consist of a mix of single and two-story homes, ranging in size from 1,735 square feet to 2,855 square feet. Lots will average 8,082 square feet, ranging in size from 6,376 square feet to 12,774 square feet.

The parcel is surrounded by the Savannah Heights subdivision to the south, the Copper Creek subdivision to the east, and agricultural uses to the north and west. The project site, and areas to the north, south, and west are currently outside City Limits and under the jurisdiction of the County of Tulare.

BACKGROUND INFORMATION
General Plan Land Use Designation: Residential Low Density Future City Zoning: R-1-5 (Single-Family Residential, minimum 5,000 square foot lot size) zone
Surrounding Zoning and Land Use: North: Tulare County jurisdiction, AE-20 (Exclusive Agricultural, 20 Acre Minimum Site Area) /
Undeveloped agricultural land
South: Tulare County jurisdiction, PD R-A 43 (Planned
Development, Rural Residential, One-Acre
Minimum Site Area), R-1-20 (Single-Family
Residential, minimum 20,000 square foot lot
size) / Savannah Heights subdivision, rural
residences.

East: R-1-5 / Cooper Creek subdivision
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West: Tulare County jurisdiction, AE-20 /
Undeveloped agricultural land, rural
residences.

Environmental Review: Initial Study / Mitigated Negative Declaration No. 2024- 05 (State Clearinghouse 2024051257)
Special Districts: None
Site Plan Review: SPR No. 2023-131

RELATED PLANS & POLICIES
Please see attached summary of related plans and policies.

SIMILAR AND ADJACENT PROJECTS
On June 26, 2023, the Planning Commission recommended City Council approve Annexation No. 2022-03, and approved Barr & Wood Tentative Subdivision Map No. 5588, Conditional Use Permit No. 2022-06, and Tentative Parcel Map No. 2022-02, located at the northwest corner of South Roeben Street and West Whitendale Avenue. The project was a request to annex and subdivide a 69.35-acre parcel into 136-lots, with private streets and a pocket park for residential use consistent with the R-1-20 Zone.

PROJECT EVALUATION
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan. Specifically, the annexation will facilitate a residential subdivision development on two parcels totaling 59.13-acres in a manner that is consistent with residential neighborhoods in the area. Furthermore, staff recommends approval of Elliott Tentative Subdivision Map No. 5597 based on the project’s consistency with the Land Use Element of the General Plan, the Zoning and Subdivision Ordinances, Housing Accountability Act (Government Code section 65589.5), and the Visalia Housing Element. The subdivision map proposes to develop two parcels that are designated for residential development at a density prescribed in the 2030 Visalia General Plan. Furthermore, the project is providing housing that meets the City’s Regional Housing Needs for the moderate and above moderate-income levels.

Annexation
The project proponents have filed an application to initiate the annexation of the 59.13-acre project site into the Visalia City Limits. Annexation is required for the City to apply its land use jurisdictional rules and regulations. The Annexation is supported on the basis that the proposed use is consistent with Visalia General Plan Land Use Element Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary when it is consistent with the City’s Land Use Diagram. The site will be pre-zoned to an R-1-5 classification, consistent with the subject sites General Plan land use designation of Low Density Residential.

The site will have access to requisite utility and infrastructure services, which will be readily available for connection upon development of the project. Though the project is not currently within City Limits, the applicant has submitted a Tentative Subdivision Map to be considered along with the annexation request. Cities have the authority to approve tentative map proposals prior to final approval of an annexation by a local agency formation commission (LAFCO). However, “final maps” for such applications cannot be approved until after an annexation is completed and 1950
recorded through the Tulare County Recorder. Staff has included this requirement as Condition No. 4 for Elliott Tentative Subdivision Map No. 5597.

Survey of Adjacent Properties
Staff conducted a pre-consultation meeting with LAFCO on February 28, 2024 to discuss the annexation of the project site. During the meeting LAFCO staff directed the City to conduct an annexation survey of all registered voters associated with seven properties located south of the project site, east of South Shirk Street, between the project site and West Walnut Avenue. All seven properties are outside Visalia City Limits. The intent of the survey was to determine whether there would be support to include the seven properties in the annexation request.

Staff queried the Tulare County Registrar of Voters, who provided mailing information for 16 registered voters associated with the seven properties. The survey was mailed on May 13, 2024.

Out of the 16 people surveyed, 12 responded in opposition to the request (75%). The other four people surveyed did not respond. As such, the seven properties are not included in the annexation request.

General Plan Consistency
Land Use Element Policies
The project is consistent with Visalia General Plan Land Use Element Policy LU-P-21, which states that the city should “Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”. The proposed site is within the County of Tulare and is adjacent to and consistent with existing developed residential sites to the south and east. Existing utility infrastructure (i.e., water, sewer, and stormwater) can be provided to accommodate the project at buildout. Furthermore, the site is located within the Tier II Urban Development Boundary (UDB), which allows for immediate development of a project site upon its successful annexation. Note the City of Visalia met General Plan residential land use thresholds for expansion into the Tier II UDB in July 2021.

The project is also consistent with Policy LU-P-55. The policy allows for residential development consistent with the Low-Density Residential designation at a density range between 2 to 10 dwelling units per gross acre. The proposed development will be developed at a residential density of 3.8 units per acre, consistent with the Low Density Residential General Plan land use designation and R-1-5 zoning district. The policy is intended to facilitate “...single-family detached housing with densities typical of single-family subdivisions.” The proposal meets the intent of the policy, providing a development with single family residences, with lot sizes and densities compatible with residential areas to the south and east. The development is also situated at a location that transitions smoothly with agricultural areas to the north and west.

Housing Accountability Act (Government Code section 66589.5) The Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable general plan, zoning, and subdivision standards, including design review, if they were in effect at the time that the housing development application was deemed complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and that there is no feasible way to mitigate or avoid the impact1.

The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and single-family residential development standards. The lots proposed for the Elliott subdivision 1 Gov. Code Section 65589.5(j)(1).
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meet density standards for the Low-Density Residential land use designation and will be compatible with surrounding developed residential areas. Furthermore, the subdivision will develop a network of local streets and improve adjacent Collector and Arterial public roadways, thereby facilitating increased street connectivity to accommodate future growth areas.

Traffic Impact Analysis
A Traffic Impact Analysis (TIA) was prepared for the proposed project (ref.: Traffic Study: Elliott Tentative Subdivision. Ruettgers & Schuler Civil Engineers, December 2023, Updated June 2024). The purpose of the study is to analyze traffic conditions and operational issues related to the development of the subdivision and its projected level of service (LOS) at opening year and the five-year horizon, and to analyze the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

The TIA analyzed existing and proposed intersections within a half-mile radius of the project site.

The existing and new intersections studied are as follows:

Road 92/Shirk Street & State Route 198 Eastbound
Ramps
Roeben Street & Walnut Avenue
Road 92/Shirk Street & State Route 198 Westbound
Ramps
Street 3 and Tulare Avenue
Road 92/Shirk Street & Tulare Avenue Street 6 and Tulare Avenue Road 92/Shirk Street & Walnut Avenue Avenue 4 and Shirk Street Roeben Street & Tulare Avenue Avenue 6 and Roeben Street The TIA determined that the proposed project would cause unacceptable LOS at three separate intersections by 2033. Affected intersections and the improvements needed to maintain or improve the operational level of service of the street system in the vicinity of the project are identified below:

Intersection Improvements Required by 2028
Shirk Street and State Route 198,
westbound ramps
Signal
Shirk Street and State Route 198,
eastbound ramps
Signal
Shirk Street and Walnut Avenue Signal
The project will pay its fair share of traffic impact fees to support payment of the traffic signals.

This is a required mitigation measure and is included as Elliott Tentative Subdivision Map No. 5597, Condition No. 12. With fair share payments, there will be a less than significant impact from the project on existing or proposed intersections.

Please note: improvements to the cited intersections above are part of the City’s Capital Improvement Program (CIP). The CIP is a plan that identifies and funds improvements of significant city infrastructure and facilities. Improvements to the Shirk Street and State Route 198 signals are identified within the “Shirk Street & SR 198 Operational Improvements” CIP. The project will signalize both the west and eastbound on/off ramps at the State Route 198 and Shirk Street interchange. Funding for the complete project is expected to be received by the end of this year with construction projected to begin by the Fall of 2025. 1952
Improvements to the Shirk Street and Walnut Avenue signal are identified in the “Shirk St & Walnut Ave Traffic Signal” project, which will be funded through multiple CIPs as the project is intended to improve additional infrastructure outside of the street intersection. This project is estimated to begin construction in January 2026.

City of Visalia Vehicle Miles Traveled (VMT) Thresholds and Implementation Guidelines Senate Bill (SB) 743, signed in 2013, changes the way transportation impacts are analyzed in California CEQA documents. Vehicle miles traveled (VMT) replaces motorist delay and level of service (LOS) as the metric for impact determination. As a result of the final rulemaking surrounding SB 743 (effective date July 1, 2020), the City of Visalia adopted VMT thresholds and guidelines (City of Visalia VMT Thresholds and Implementation Guidelines, LSA, Adopted March 15, 2021) to address the shift from delay‐based LOS CEQA traffic analyses to VMT CEQA traffic analyses.

The adopted guidelines provide details on appropriate “screening thresholds” that can be used to identify when a proposed land use project is anticipated to result in a less-than-significant impact without conducting a more detailed VMT analysis. Screening thresholds include:

1. Land development projects within a 0.5-miles of a Transit Priority Area.

2. Local serving retail projects less than 50,000 square feet.

3. Residential, office, and mixed‐use projects within low‐VMT generating areas.

4. 100 percent affordable housing projects.

5. Projects that are consistent with the City’s General Plan and generating fewer than 1,000 daily trips.

6. Institutional/Government and public service uses.

A land use project need only meet one of the above screening thresholds to result in a less than significant impact.

The project will result in the addition of 225 single-family residential units, resulting in an increase of population for the City of Visalia. A rise in population for the area would result in an increased amount of VMT being produced. However, by using the City of Visalia online VMT screening application, the project was determined to be in TAZ 1358. Utilizing the “VMT Per Capita” metric due to the residential nature of the project, the average VMT was determined to be 8.61 miles per capita. The average VMT per capita for Tulare County is 11.9. Using 84 percent of existing regional VMT, the City’s threshold for residential projects is 10.0 VMT per capita. Therefore, the project is determined to be in a low VMT zone, meeting the criteria for screening threshold No. 3 identified above. As a result, the project will result in a less than significant transportation impact.

Street Improvements
The developer of the subdivision will be required to construct major street improvements along South Roeben Street, West Tulare Avenue, and South Shirk Street. Improvements along the subdivision frontage for these major streets include widening of Roeben, Tulare, and Shirk to their ultimate right-of-way design, and extension of Tulare further westward.

South Roeben Street: Is a designated 84-foot-wide collector roadway. The project will require a 42-foot dedication and widening of the street along the eastern boundary of the project site to accommodate two travel lanes with full frontage improvements.

West Tulare Avenue: Is a designated 84-foot-wide collector roadway that will require a 42-foot dedication of the street. Construction will occur along the northern boundary of the project site to 1953
accommodate two travel lanes and frontage improvements on the development side. Tulare Avenue will provide a connection between South Shirk Street to Street 6. Please note, the off-site connection of Tulare Avenue to South Roeben Street shall not occur with this project. There is a 19-acre parcel adjacent to the project to the east. When this 19-acre parcel is proposed for residential development, the completion of the Tulare Avenue alignment between Roeben and Street 6 will occur.

South Shirk Street: Is a designated 110-foot-wide arterial roadway.

The project will require an additional dedication of right of way to allow for the widening of Shirk Street up to a total of 55 feet along the western boundary of the project site, to accommodate two travel lanes, with the potential for a street median if sufficient right-of-way is available.

Improvements along the right of way within the boundaries of the subdivision map shall include curb, gutter, sidewalks, streetlights, a block wall, and landscaping. All new utilities that will service the residential subdivision will be placed underground, except for the large Southern California Edison distribution/transmission power poles along the South Shirk Street alignment that are within the boundaries of the project site. These poles are required to be relocated by the developer.

Per the Phasing Plan in Exhibit “C”, widening of Roeben Street and Tulare Avenue shall take place during the first phase of development, with the remaining improvements to Shirk Street occurring in Phase II.

Local Streets: All local streets will be developed per the City’s 60-foot-wide local street standard, except for the northern 600 feet of Street 6, which is proposed for a width of approximately 30 feet due to its location adjacent to a separate parcel. Per the Engineering Division Site Plan Review comments, the width of Street 6 must be a minimum 60 feet. As such, staff recommends inclusion of Condition No. 6 for Elliott Tentative Subdivision Map No. 5597 requiring compliance with all standards of the Engineering and Traffic Engineering Division, in particular as it relates to the width of Street 6. With the inclusion of Condition No. 6, the proposed local streets shall provide adequate access to Roeben Street, Tulare Avenue, and Shirk Street and will serve to improve circulation for the general area.

Development Standards
The Elliott Tentative Subdivision Map No. 5597 will be developed with setbacks and lot sizes in accordance with the codified standards contained in the Zoning Ordinance for R-1-5 zoned properties. The subdivision does not propose the utilization of small lots or private streets with this single-family residential subdivision.

The setbacks within the R-1-5 zone for lots 5,000 square feet or greater are as follows:

Minimum
Lot Area Front Side StreetSide Rear
5,000 sq. ft.
15-ft. to
habitable space.
22-ft. to garage,
except on
curvilinear lots
20-ft. to garage.
5-ft. 10-ft.
25-ft. City standard rear yard setbacks are
25 feet with allowance for one-story
structure to go to 20-feet subject to open
space requirements.

The development standards are included as Condition No. 3 of Elliott Tentative Subdivision Map No. 5597.
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Landscape and Lighting Assessment Districts
A Landscaping and Lighting District (LLD) will be required for the long-term maintenance of the out lots, which include blocks walls, streetlights, and landscaping amenities. The block walls along the major street frontages will be typical City standard block walls. The block wall height shall be reduced to three feet where the block wall runs adjacent to the front yard setback along the front yard areas of the following residential lots: Lots 49, 50, 63, 64, 105, and 135. Staff has included Condition No. 8 to require the stepped down walls.

Staff notes that Lot 1 of the Elliott subdivision and three residential lots to the south abut the proposed 4.15-acre neighborhood park. In order to prevent impacts from usage of the park on the existing and future residences, staff recommends the inclusion of Condition No. 9, requiring placement of a seven-foot-tall block wall along the property boundaries shared between the residential lots and park, except within the 15-foot front yard setback areas of applicable lots, in which a three-foot-tall block wall shall be placed. These walls shall also be maintained by the Lighting and Landscape District.

Agricultural Preservation Ordinance
The 59.13-acre project site is in the City’s Tier II urban development boundary and is designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program.

As a result, development of this site is subject to the City’s recently adopted Agricultural Preservation Ordinance (APO). The purpose and intent of the APO is to address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program. In addition, the ordinance established a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of this ordinance. Only sites that are considered prime farmland and/or farmland of statewide importance are subject to the ordinance’s provisions.

For the Elliott Subdivision, the preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions. In addition, the preserved land obligation, as established in Visalia Municipal Code (VMC) Section 18.04.070(A), shall be preserved through acquisition of an agricultural easement in accordance with VMC Section 18.04.080, unless eligible for payment of an in-lieu fee in accordance with VMC Section

18.04.090.

The preserved land obligation shall be satisfied prior to issuance of any permit directly authorizing or resulting in disturbance to the project site. Compliance with the APO is achieved when either the approved agricultural conservation easement has been recorded or the applicant has remitted the approved in-lieu fee to the qualified entity.

Airport Land Use
The proposed project is located approximately 0.95 miles east of the nearest public airport (Visalia Municipal Airport). According to the Tulare County Comprehensive Airport Land Use Plan (TC CALUP), the project site is located within Safety Zone 6 (Traffic Pattern Zone). Per the use matrix provided in the land use plan, single-family residential development is considered compatible within Safety Zone 6. This is subject to a requirement that, in areas where aircraft noise is expected to exceed 60dB CNEL, inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.

Per the CEQA analysis, the project site will not be impacted by the airport use. Noise contours developed for 2019 show that the airport would produce less than 65 dB. Per the applicant, noise 1955
exposure at this level would not pose a safety hazard for people residing or working in the project area. Given the above, Elliott Tentative Subdivision Map No. 5597, Condition No. 7 is recommended, requiring the applicant to comply with the TC CALUP and noise requirements therein prior to issuance of a building permit for the tentative subdivision map.

Infrastructure
The project will require improvements to the following infrastructure:
• Water Service: Staff has included Condition No. 5 for Elliott Tentative Subdivision Map No. 5597 which requires a valid Will Serve Letter from the California Water Service Company if, prior to development of the subdivision, the determination of water availability letter lapses.
• Sanitary Sewer: The sewer system will have to be extended to the boundaries of the development where future connection and extension is anticipated. The City of Visalia’s draft Sewer Master Plan also indicates the need for installation of a sewer master planned trunk line within South Shirk Street. The sewer lines will be sized to service the entire subdivision. The developer will be required to coordinate with City staff on design and construction requirements for the sanitary sewer. The sanitary sewer master plan for the entire development will be required to be submitted for review prior to approval of any portion of the system. A sewer analysis, which is included in the attached Initial Study / Mitigated Negative Declaration, has been prepared for the site. After a thorough review of the analysis by the City of Visalia Public Works Department, it has been determined that the Wastewater Treatment Facility possesses the capacity to effectively accommodate this development.
• Storm Drainage: Per the Phasing Plan in Exhibit “C”, Phase 1 of the subdivision will incorporate a temporary stormwater basin over Lots 37 through 43, and Lots 186 and 187.

Per Engineering Division’s Site Plan Review comments, the temporary basin shall be maintained onsite until the completion of a future regional stormwater basin for the entire future growth area. Compliance with this requirement shall be enforced via Elliott Tentative Subdivision Map, Condition No. 14. Compliance with Engineering Division’s Site Plan Review requirements is also included as Elliott Tentative Subdivision Map No. 5597, Condition No. 1.
• Canal/Park: The Persian Ditch bisects Outlot E, which is planned for a 4.15-acre neighborhood park. As part of the development, the applicant proposes installation of 12- foot-wide access roads along both sides of the Persian Ditch, with 6-foot-tall chain link fencing with privacy slats added to prevent access. Site Plan Review comments from the Engineering Division note that access roads for the ditch shall be a minimum 15 feet wide.

The Elliott Tentative Subdivision Map No. 5597, Condition No. 10 is included requiring the applicant to coordinate with the Persian Ditch Company and comply with any requirements to conduct the proposed improvements.

In addition to the above, Site Plan Review comments from the Engineering Division indicate that the widening of South Roeben Street will necessitate culvert improvements to the Persian Ditch, where it intersects with South Roeben Street. Improvements shall include installation of a culvert crossing, headwall relocation, sidewalk, access drive approaches for maintenance, fencing, and gates. This is included as Elliott Tentative Subdivision Map No. 5597, Condition No. 1.
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Outlot for Park
The project delineates Outlot E for use as a 4.15-acre neighborhood park, located at the southeast corner of the project site, adjacent to South Roeben Street. Per the Landscape Plan in Exhibit “F” and Operational Statement in Exhibit “G” no park amenities are identified currently. Staff recommends the inclusion of Elliott Tentative Subdivision Map No. 5597, Condition No. 13, requiring the applicant to consult and work with the Parks and Recreation Department and comply with all requirements for development of the park, which will include designing and installing amenities for the future park.

Valley Oak Tree Preservation
The proposal will involve the removal of an existing Valley Oak tree grove at the northwest corner of the project site and within the South Shirk Street right of way. Site Plan Review comments received from both the Engineering Division, and City of Visalia Urban Forestry Division, require the applicant comply with the Oak Tree Preservation Ordinance (Visalia Municipal Code Chapter

12.24) if the trees are to be removed. This has been included as Elliott Tentative Subdivision Map No. 5597, Condition No. 11.

Subdivision Map Act
California Government Code Section 66474 lists seven findings for which a legislative body of a city or county shall deny approval of a tentative map if it is able to make any of these findings.

These seven “negative” findings have come to light through a recent California Court of Appeal decision (Spring Valley Association v. City of Victorville) that has clarified the scope of findings that a city or county must make when approving a tentative map under the California Subdivision Map Act.

Staff has reviewed the seven findings for a cause of denial and finds that none of the findings can be made for the proposed project. The seven findings and staff’s analysis are below.

Recommended findings in response to this Government Code section are included in the recommended findings for the approval of the tentative subdivision map.

GC Section 66474 Finding Analysis
(a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.

The proposed map has been found to be
consistent with the City’s General Plan. This is
included as recommended Finding No. 1 of the
Tentative Subdivision Map. There are no
specific plans applicable to the proposed map.
(b) That the design or improvement of the proposed
subdivision is not consistent with applicable general and specific plans.

The proposed design and improvement of the
map has been found to be consistent with the
City’s General Plan. This is included as
recommended Finding No. 1 of the Tentative
Subdivision Map. There are no specific plans
applicable to the proposed map.
(c) That the site is not physically suitable for the type of development.

The site is physically suitable for the proposed
map and its affiliated development plan, which
is designated as Low Density Residential and
developed at a density of 3.8 units per acre.

This is included as recommended Finding No. 3
of the Tentative Subdivision Map.
1957
(d) That the site is not physically suitable for the proposed density of development.

The site is physically suitable for the proposed
map and its affiliated development plan, which
is designated as Low Density Residential. This
is included as recommended Finding No. 4 of
the Tentative Subdivision Map.
(e) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The proposed design and improvements of the
map has not been found likely to cause
environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.

This finding is further supported by the project’s
determination of no new effects under the
Guidelines for the Implementation of the
California Environmental Quality Act (CEQA),
included as recommended Finding No. 8 of the
Tentative Subdivision Map.
(f) That the design of the subdivision or type of
improvements is likely to cause serious public health
problems.

The proposed design of the map has been
found to not cause serious public health
problems. This is included as recommended
Finding No. 2 of the Tentative Subdivision Map.
(g) That the design of the subdivision or the type of
improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

The proposed design of the map does not
conflict with any existing or proposed
easements located on or adjacent to the subject
property. This is included as recommended
Finding No. 5 of the Tentative Subdivision Map.

Public Comment
Three public comment letters were received from property owners immediately south of the project site, two who reside in County jurisdiction and one within City jurisdiction. Their comment contests that the subdivision project will increase traffic volumes on Shirk Street and Roeben Street, will increase the presence of unhoused individuals in the area due to the proposed park, and will destroy existing habitats for wildlife residing in the area, including Grey Foxes, Great Horned Owls, Barn Owls, Possums, Skunks, and Peacocks.

Staff notes that both a TIA and Biological Study have been conducted by the applicant as part of this project, and are included in the Initial Study / Mitigated Negative Declaration attached to this report. Mitigation measures identified in the studies have been incorporated into the project via Condition No. 12 and are considered adequate to address any potential impacts. Specifically, the TIA states that impacts to traffic will be alleviated by the payment of fees for the future signalization of affected street intersections. Animals noted in the comment letter where not identified in the Biological Study as species that appear on any threatened or endangered listing. The Biological Study notes that impacts could potentially occur to the nesting and foraging habitat for the Swainson Hawk and Nuttall’s woodpecker, should they reside onsite, and provides mitigation to protect such habitats during subdivision development.

Staff also notes that as a result of annexation the proposed park will benefit from City services, including regular maintenance by Parks and Recreation Department staff, and availability of emergency services from the Police and Fire Departments. Given the above, staff believes that the comments in the letters have been adequately addressed.

No other public comment has been received as of the publication of this report. 1958
Environmental Review
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. Initial Study and Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources:
• One (1) mitigation measure pertaining to Transportation to reduce impacts to traffic and circulation.
• Four (4) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to special-status wildlife species.
• Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction.
• Three (3) mitigation measures pertaining to Hydrology and Water Quality to address impacts to surface and groundwater resources.

A 20-day review and comment period through the State Clearinghouse for the Initial Study began on June 27, 2024, and ended on July 17, 2024. Mitigation measures as included as Elliott Tentative Subdivision Map No. 5597, Condition No. 12.

The City of Visalia received two comment letters in response to the Initial Study / Mitigated Negative Declaration from Caltrans and the Department of Toxic Substances Control (DTSC).

Both letters are included with the Initial Study / Mitigated Negative Declaration. Comments from Caltrans have been adequately addressed in the TIA. To address the comments raised in DTSC’s letter, Condition Nos. 12.a and 12.b are recommended for incorporation in the conditions of approval for the Elliott Tentative Subdivision Map No. 5597 as follows:
a. That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).

Based on the letter and the inclusion of the additional project conditions as noted above, the City concludes that the findings and conclusions of the Initial Study / Mitigated Negative Declaration are still applicable. No other formal comments were received as of the publication of this report. 1959

RECOMMENDED FINDINGS
Annexation No. 2024-01

1. That the Annexation 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.

2. That the proposed Annexation, which will re-designate 59.13-acres of AE-20 (Agricultural Exclusive 20-acre) County zone district to an R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) City zone district and will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the parcel is not located within an Agricultural Preserve.

4. That the parcel will be annexed into Voting District 3 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257), is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

Elliott Tentative Subdivision Map No. 5597

1. That the proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained are consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21 of the General Plan. Policy LU-P-21 allows for the “annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”.

2. That the proposed Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent land uses. The project site is bordered by existing residential development, an arterial street, and two collector streets.

3. That the site is physically suitable for the proposed tentative subdivision map. The Elliott Tentative Subdivision Map No. 5597 is consistent with the intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision establishes an arterial, collector, and local street pattern that will serve the subject site and the future development of vacant parcels located to the north and west of the subject site.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the underlying Low Density Residential General Plan Land Use Designation. The proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvement and design, and the conditions under which it will be maintained is 1960
consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21.

5. That the proposed Elliott Tentative Subdivision Map No. 5597, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 225-lot subdivision is designed to comply with the City’s Engineering Improvement Standards for major streets.

The development of the site with a 225-lot single-family residential subdivision will improve arterial and collector streets (South Roeben Street, West Tulare Avenue, and South Shirk Street), and extend local streets, infrastructure improvements, utilities, right-of-way improvements and a residential lot pattern consistent with existing residential development found in the area.

6. The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances. The proposed location of the subdivision is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility. The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.

The proposed project will result in the creation of a new single-family residential development at a density of 3.8 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits.

7. The Housing Accountability Act (GC section 66589.5) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact. There is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and development standards.

8. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257), is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

RECOMMENDED CONDITIONS
Annexation No. 2024-01

1. Upon annexation, the territory shall be zoned R-1-5 (Single Family Residential, 5,000 square foot minimum site area), consistent with the pre-zoning designated by the General Plan Land Use Map.

2. That the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft Pre1961 Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2024-08. The agreement is subject to final approval by the City Council of the City of Visalia.

Elliott Tentative Subdivision Map No. 5597

1. That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2023- 131 incorporated herein by reference.

2. That the Elliott Tentative Subdivision Map No. 5597 be prepared in substantial compliance with the subdivision map in Exhibit “A”.

3. That setbacks for the Elliott Tentative Subdivision Map No. 5597 shall be as follows:

Minimum
Lot Area Front Side StreetSide Rear
5,000 sq. ft.
15-ft. to habitable
space. 22-ft. to
garage, except on
curvilinear lots
20-ft. to garage.
5-ft. 10-ft.
25-ft. City standard rear yard setbacks are 25
feet with allowance for one-story structure to
go to 20-feet subject to open space
requirements.

4. That approval of the Elliott Tentative Subdivision Map No. 5597 shall not become effective unless Annexation No. 2024-01, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO), and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2024-01.

5. That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.

6. That the applicant shall consult with City of Visalia Engineering Development Division and Traffic Engineering Division and comply with any requirements for adequate design and improvement of the proposed local, collection, and arterial streets. The applicant shall redesign Street 6 to comply with the 60-foot width requirement for local streets.

7. That the applicant shall comply with the Tulare County Comprehensive Airport Land Use Plan and noise requirements therein prior to issuance of a building permit for the tentative subdivision map. This is subject to a requirement that, in areas where aircraft noise is expected to exceed 60dB CNEL, inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.

8. That the block walls located within the Landscape and Lighting District lots shall transition to three-foot height within the 15-foot front yard setback areas of the adjoining residential lots identified as Lots 49, 50, 63, 64, 105, and 135.

9. That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lots 44 and 45 (1617 and 1618 South Jacques Court), and 1627 South Roeben Street (APN: 087-442-040). For Elliott Subdivision Lot 1, the block wall shall transition to a three-foot-tall block wall within the 15-foot front yard setback area. The walls shall also be maintained by the Lighting and Landscape District for the Elliott Tentative Subdivision Map No. 5597.

10.The applicant shall coordinate with the Persian Ditch Company and shall comply with all its requirements for the installation of improvements to the Persian Ditch within the project site. 1962

11.The applicant shall comply with all requirements of Visalia Municipal Code Chapter 12.24 (Oak Tree Preservation), for the removal of any Valley Oak trees from the project site.

12.That the Mitigation Monitoring and Reporting Program and its mitigation measures adopted with the Initial Study / Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257) and all conditions of the Elliott Tentative Subdivision Map No. 5597, including the following conditions in response to the Department of Toxic Substances Control (DTSC) comment letter be met during construction and upon final occupancy and ongoing operation of the project:
a. That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs.

The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).

13.That the applicant shall consult with the City of Visalia Parks and Recreation Department and shall comply with all requirements for development of the park on Outlot E, which will include designing and installing amenities for the future park.

14.That the temporary stormwater basin located on Lots 37 through 43, and Lots 186 and 187, shall be maintained onsite until a permanent regional ponding basin is established to service the development.

15.That the project be developed in substantial compliance with all improvements depicted and described in Exhibits “A” through “G”.

16.That the developer shall inform and have future homeowners of the Elliott subdivision sign and acknowledge Tulare County’s “Right to Farm” Ordinance. This informs future residential owners that the farming operations located to the north and west, which are located in Tulare County, are protected and cannot be declared a nuisance if operating in a manner consistent with proper and accepted customs and standards.

17.That all applicable federal, state, regional, and city policies and ordinances be met. 1963

APPEAL INFORMATION
Annexation No. 2024-01
For the Annexation, the Planning Commission’s recommendation is advisory only. The final decision will be by the Visalia City Council following a public hearing. Therefore, the Planning Commission’s recommendation in this matter is not appealable.

Elliott Tentative Subdivision Map No. 5597
According to the City of Visalia Subdivision Ordinance Section 16.28.080, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe St., Visalia, CA. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record.

The appeal form can be found on the City’s website www.visalia.city or from the City Clerk. 1964
Attachments:
• Related Plans and Policies
• Revised Resolution No. 2024-08 – Annexation No. 2024-01 - Attachment “A” – Annexation Area
- Attachment “B” – Annexation Agreement
• Revised Resolution No. 2024-07 – Elliott Tentative Subdivision Map No. 5597 • Exhibit "A" – Elliott Tentative Subdivision Map No. 5597 • Exhibit “B” – Annexation Area
• Exhibit “C” – Phasing Plan
• Exhibit “D” – Atypical Lot Plan
• Exhibit “E” – Street Cross Sections Plan
• Exhibit “F” – Landscape Plan
• Exhibit “G” – Operational Statement
• Exhibit “H” – July 26, 2024 Letter from San Joaquin Valley Homes to Savannah Heights Property Owners
• Exhibit “I” – August 1, 2024 E-mail from San Joaquin Valley Homes Summarizing July 30, 2024 Meeting with Savannah Heights Property Owners.
• Exhibit “J” – Savannah Heights Tentative Subdivision Map Exhibits • Exhibit “K” – Planning Commission Resolution No. 1993-34 (Savannah Heights Tentative Subdivision Map)
• Exhibit “L” – Planning Commission Staff Report, Savannah Heights Tentative Subdivision Map and Conditional Use Permit No. 1993-10
• Initial Study / Mitigated Negative Declaration No. 2024-05 • Department of Toxic Substances Control (SJVAPCD) Comment Letter, July 3, 2024 • Caltrans Comment Letters, July 16, 2024, June 13, 2024, and March 22, 2024 • Public Comment Letters (July 22 and August 12, 2024)
• Site Plan Review Item No. 2023-131
• General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map
1965

RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:

General Plan Land Use Policies:

LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy. The General Plan Land Use Diagram establishes three growth rings to accommodate estimated City population for the years 2020 and 2030. The Urban Development Boundary I (UDB I) shares its boundaries with the 2012 city limits. The Urban Development Boundary II (UDB II) defines the urbanizable area within which a full range of urban services will need to be extended in the first phase of anticipated growth with a target buildout population of 178,000. The Urban Growth Boundary (UGB) defines full buildout of the General Plan with a target buildout population of 210,000. Each growth ring enables the City to expand in all four quadrants, reinforcing a concentric growth pattern.

LU-P-21: Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) and the Urban Growth Boundary (Tier III) consistent with the City’s Land Use Diagram, according to the following phasing thresholds: • “Tier II”: Tier II supports a target buildout population of approximately 178,000.

The expansion criteria for land in Tier II is that land would only become available for development when building permits have been issued in Tier I at the following levels, starting from April 1, 2010:

Residential: after permits for 5,850 housing units have been issued.

LU-P-55: Update the Zoning Ordinance to reflect the Low Density Residential designation on the Land Use Diagram for development at 2 to 10 dwelling units per gross acre, facilitating new planned neighborhoods and infill development in established areas. This designation is intended to provide for single-family detached housing with densities typical of single-family subdivisions. Duplex units, townhouses, and small-lot detached housing may be incorporated as part of Low Density Residential developments. Development standards will ensure that a desirable single-family neighborhood character is maintained.

Visalia Municipal Code
Chapter 17.12
R-1 SINGLE-FAMILY RESIDENTIAL ZONE

17.12.010 Purpose and intent.

In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one-family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.

17.12.015 Applicability.

The requirements in this chapter shall apply to all property within R-1 zone districts.

17.12.020 Permitted uses.

In the R-1 single-family residential zones, the following uses shall be permitted by right:
1966
A. One-family dwellings;
B. Raising of fruit and nut trees, vegetables and horticultural specialties; C. Accessory structures located on the same site with a permitted use including private garages and carports, one guest house, storehouses, garden structures, green houses, recreation room and hobby shops;
D. Swimming pools used solely by persons resident on the site and their guests; provided, that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard;
E. Temporary subdivision sales offices;
F. Licensed day care for a maximum of fourteen (14) children in addition to the residing family; G. Twenty-four (24) hour residential care facilities or foster homes, for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provisions of Chapter 17.48;
I. The keeping of household pets, subject to the definition of household pets set forth in Section

17.04.030;
J. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200; K. Adult day care up to twelve (12) persons in addition to the residing family; L. Other uses similar in nature and intensity as determined by the city planner; M. Legally existing multiple family units, and expansion or reconstruction as provided in Section

17.12.070.

N. Transitional or supportive housing for six (6) or fewer resident/clients.

O. In the R-1-20 zone only, the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling; P. In the R-1-20 zone only, the raising of livestock, except pigs of any kind, subject to the exception of not more than two cows, two horses, four sheep or four goats for each site, shall be permitted; provided, that there be no limitation on the number of livestock permitted on a site with an area of ten acres or more and provided that no stable be located closer than fifty (50) feet to any dwelling on the site or closer than one hundred (100) feet to any other dwelling;

17.12.030 Accessory uses.

In the R-1 single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:

A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.12.100(B).

C. Cottage Food Operations subject to the provisions of Health and Safety Code 113758 and Section

17.32.035.

17.12.040 Conditional uses.

In the R-1 single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:

A. Planned development subject to the provisions of Chapter 17.26; 1967
B. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions; C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases; D. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations, i.e., community water service wells; H. Communications equipment buildings;
I. Planned neighborhood commercial center subject to the provisions of Chapter 17.26; J. Residential development specifically designed for senior housing; K. Mobile home parks in conformance with Section 17.32.040; L. [Reserved.] M. Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this article and in which the private streets are designed and constructed to meet or exceed public street standards; N. Adult day care in excess of twelve (12) persons;
O. Duplexes on corner lots;
P. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family;
Q. Residential structures and accessory buildings totaling more than ten thousand (10,000) square feet; R. Other uses similar in nature and intensity as determined by the city planner.

S. Transitional or supportive housing for seven (7) or more resident/clients.

17.12.050 Site area.

The minimum site area shall be as follows:

Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:

Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way. 1968

17.12.060 One dwelling unit per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J).

17.12.070 Replacement and expansion of legally existing multiple family units.

In accordance with Sections 17.12.020 legally existing multiple family units may be expanded or replaced if destroyed by fire or other disaster subject to the following criteria:

A. A site plan review permit as provided in Chapter 17.28 is required for all expansions or replacements.

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 committee shall be subject to the appeals process set forth in Chapter

17.28.050.

C. Setbacks and related development standards shall be consistent with existing single-family units in the neighborhood.

D. Parking requirements set forth in Section 17.34.020 and landscaping requirements shall meet current city standards and shall apply to the entire site(s), not just the replacement unit(s) or expanded area, which may result in the reduction of the number of units on the site.

E. The number of multiple family units on the site shall not be increased.

F. All rights established under Sections 17.12.020and 17.12.070 shall be null and void one hundred eighty (180) days after the date that the unit(s) are destroyed (or rendered uninhabitable) unless a building permit has been obtained and diligent pursuit of construction has commenced. The approval of a site plan review permit does not constitute compliance with this requirement.

17.12.080 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for frontloading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.

C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages.

17.12.090 Side yards.

A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.

B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet. 1969
C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.

D. On corner lots, all front-loading garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.

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 committee.

F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots. This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.

17.12.100 Rear yard.

In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:

A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.

B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.

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 five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.

17.12.110 Height of structures.

In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).

17.12.120 Off-street parking.

In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34.

17.12.130 Fences, walls and hedges.

In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section

17.36.030.

17.12.135 Lot area less than 5,000 square feet.

A. Notwithstanding Section 17.12.050, lots in the R-1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:

1. The Planning Commission finds that the development's overall density is consistent with the General Plan.

2. The maximum number of lots less than 5,000 square feet that may be approved by a tentative subdivision map shall be fifty (50) percent or less of the total lots. 1970

3. Streets shall be constructed to public street standards.

4. Each subdivision with at least 15 lots that are less than 5,000 square feet in size shall make available to buyers at least three (3) different small lot floor plans with at least four (4) available elevation designs for each floor plan to construct on those lots.

5. The primary frontage of the dwelling unit shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

6. The primary frontage of the dwelling unit shall include the primary entrance and at least one window.

7. Required covered parking spaces shall be in garages. Carports are prohibited.

8. The width of the garage shall not be greater than fifty (50) percent of the width of the dwelling unit.

9. The garage shall not extend beyond the front building facade (living area.)

10. All dwelling units shall include a covered front porch at least four (4) feet deep and six (6) feet wide or an uncovered front courtyard at least five (5) feet wide and five (5) feet deep that is surrounded on four sides by the dwelling unit or a wall or fence between three (3) and four (4) feet high with a pedestrian gate or entryway.

11. The building official shall not approve a building permit for a new dwelling unit on a lot with a lot area less than 5,000 square feet until the city planner, or designee, has determined that the standards identified in this section are met.

12. The subdivision shall provide a common, usable open space area of a minimum 3,000 square feet or two hundred fifty (250) square feet per lot under 5,000 square feet, whichever is greater. The area shall be landscaped and maintained with funding from either a homeowner's association or a landscape and lighting act district.

B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:

1. The minimum lot depth shall be seventy (70) feet.

2. The minimum lot width shall be forty-six (46) feet for interior lots and fifty-one (51) feet for corner lots.

3. The minimum front building setback area shall be twelve (12) feet for livable space and twenty (20) feet for garages.

4. The minimum rear yard building setback area shall be fifteen (15) feet.

5. The minimum interior side yard building setback area shall be five (5) feet.

6. The minimum corner side yard building setback area shall be ten (10) feet.

7. The maximum building height shall be thirty-five (35) feet.

8. Lots shall provide for a usable open space area of a minimum three hundred (300) square feet. The open space shall be a minimum fifteen (15) feet wide.

C. Lots less having a lot area of 3,600 square feet, or lots that do not meet the standards in this section may be approved through the planned development permit process per Chapter 17.26. (Ord. 2017-01 (part), 2017)
1971
Resolution No. 2024-08
RESOLUTION NO. 2024-08

A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF VISALIA RECOMMENDING APPROVAL OF ANNEXATION NO. 2024-01 AND DETACHMENT OF PROPERTY FROM COUNTY SERVICE AREA NO. 1, PERTAINING TO TWO PARCELS TOTALING 59.13 ACRES INTO THE CITY LIMITS OF VISALIA. UPON ANNEXATION, THE SITE SHALL BE ZONED R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM), WHICH IS CONSISTENT WITH THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL. THE PROJECT SITE LOCATED WEST OF SOUTH ROEBEN STREET, APPROXIMATELY 650 FEET SOUTH OF WEST TULARE AVENUE (APNS: 087-010-006, 008).

WHEREAS, the project proponents approve to initiate proceedings for annexation to said city of territory described on the attached legal description included as Attachment “A” of this resolution; and
WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, did hold a public hearing on July 22, 2024, and WHEREAS, during the July 22, 2024, Planning Commission meeting the Planning Commission requested that the project be continued to the August 12, 2024 Planning Commission meeting to provide staff and the project applicant with time to address concerns raised by the public regarding a five-foot-wide strip of land located between an existing block wall on six lots within the Savannah Heights Subdivision and the southern property boundary of the project site; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on August 12, 2024; and WHEREAS, the proponent desires to annex said territory to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) Will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) Will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the territory proposed to be annexed is uninhabited; and 1972
Resolution No. 2024-08
WHEREAS, the territory proposed to be annexed is located in Voting District 3 as identified in the Election District Map adopted by the City Council on February 22, 2022 per Resolution No. 2022-11; and
WHEREAS, the Planning Commission reviewed this proposal on July 22, 2024, and found it to be consistent with the General Plan; and WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures; and
WHEREAS, the Planning Commission hereby makes the following findings with regard to the project:

1. That the Annexation 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.

2. That the proposed Annexation, which will re-designate 59.13-acres of AE-20 (Agricultural Exclusive 20-acre) County zone district to an R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) City zone district and will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the parcel is not located within an Agricultural Preserve.

4. That the parcel will be annexed into Voting District 3 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257), is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt Mitigated Negative Declaration No. 2024-05 for Annexation No. 2024-01 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Annexation described herein, subject to the following conditions:

1. Upon annexation, the territory shall be zoned R-1-5 (Single Family Residential, 5,000 square foot minimum site area), consistent with the pre-zoning designated by the General Plan Land Use Map.

2. That the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the 1973
Resolution No. 2024-08
annexation. The draft Pre-Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2024-08. The agreement is subject to final approval by the City Council of the City of Visalia.
1974
S89° 59' 49"E 1,322.32'±
S0° 09' 41"E 659.33'± S89° 59' 45"E 1,322.55'±
N0° 10' 51"W 1,318.70'±
N89° 59' 53"W 2,644.20'±
S0° 08' 31"E 659.30'± 20' 20'
www.4-creeks.com
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE, STE. A
500' 500'
POINT OF BEGINNINGNW COR. SW1/4 SECT. 34-18/24
EXHIBIT "B" LEGEND

EXISTING CITY LIMITS

ANNEXATION BOUNDARY
CALIFORNIACOUNTY OF TULARE, STATE OFS., R. 24 E., M.D.B.&M., IN THE THAT PORTION OF SECTION 34. T. 18
CITY OF VISALIA - EFFECTIVE: ANNEXATION NO. 2024-___
HWY 198 HWY 198
ROAD 92

ROBEN STREET TULARE COUNTY TULARE COUNTY CITY OF VISALIA

CITY OF VISALIA
NORTH

VICINITY MAP

NO SCALE

CITY LIMITS

CITY LIMITS
SUBJECT PROPERTY APN: 087-440-036 APN: 087-440-035
APN: 087-440-030
APN: 087-440-029
APN: 087-440-024
APN: 087-440-023
APN: 087-440-040
APN: 087-400-080
APN: 087-400-081
APN: 087-410-040
APN: 087-410-041
APN: 087-400-018
APN: 087-400-001
APN: 087-010-005
APN: 087-010-008
APN: 087-010-075 APN: 087-010-039
APN: 087-440-001

TULARE COUNTY
APN: 081-060-018

ROEBEN ST

CITY OF VISALIA

CITY OF VISALIA

TULARE COUNTY

TULARE COUNTY
APN: 087-050-035
TULARE AVE AKERS STREET APN: 087-010-006
ROAD 92
1 2
3 4
5 6 NW1/4 SW1/4 SECT. 34-18/24
S1/2 NE1/4 SW1/4 SECT. 34-18/24
N. LINE OF SW1/4
NW1/4 OF SW1/4E. LINE OF
N. LINE OF S1/2 OF
NE1/4 OF SW1/4
E. LINE OF SW1/4
S. LINE OF N1/2
OF SW1/4
W. LINE OF SW1/4
AREA: 59.74 ac. ±
TULARE AVE.
1975

ONLY ONE SHEET
EXHIBIT “A”

CITY OF VISALIA
ANNEXATION NO. 2024-______
That portion of the Northwest quarter of the Southwest quarter and that portion of the South Half of the Northeast quarter of the Southwest quarter of Section 34, Township 18 South, Range 24 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, being more particularly described as follows:

Beginning at the Northwest corner of the Southwest quarter of Section 34, Township 18 South, Range 24 East;

1. Thence South 89°59’45” East, along the North line of said Southwest quarter, 1322.55 feet more or less, to the Northeast corner of the Northwest quarter of said Southwest quarter;

2. Thence South 0°09’41” East, along the East line of the Northwest quarter of said Southwest quarter, 659.33 feet more or less, to the North line of the South half of the Northeast quarter of said Southwest quarter;

3. Thence South 89°59’49” East, along last said North line, 1322.32 feet more or less, to a line parallel with and 20 feet West of East line of said Southwest quarter, and existing City Limit line, being the West right-of-way line of Roeben Street;

4. Thence South 0°08’31” East, along said parallel line, and existing City Limit line, and said right-of-way line, 659.30 feet more or less, to the South line of the North half of said Southwest quarter;

5. Thence North 89°59’53” West, along said South line, and along the existing City Limit line and the Westerly prolongation thereof, 2644.20 feet more or less, to the Southwest corner of the Northwest quarter of said Southwest quarter;

6. Thence North 0°10’51” West, along the West line of said Southwest quarter, 1318.70 feet more or less, to the Northwest Corner of said Southwest quarter and the Point of Beginning; Consisting of 59.74 acres more or less.
1976
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Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this ____ day of _________, 20___, by and among the City of Visalia, a charter law city (“City’) and Margaret Kenyon Elliott, (hereinafter “Owners”):

RECITALS
WHEREAS, Owners are the record owners of a portion of property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and
WHEREAS, Owners desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), which would permit the Property to be used for Residential Low Density use; and
WHEREAS, the Property consists of approximately 59.13 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and tentative subdivision map as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _________, 20__, initiated proceedings to annex the Property; and
WHEREAS, finding adoption of Resolution No. 20__-_____ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and
WHEREAS, Owners acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
1977
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WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

NOW, THEREFORE, in consideration of the above Recitals and the following Covenants, it is agreed by and between the parties as follows:

I. AGREEMENT
A. Parties. The parties to this Agreement are the City and Owners.

B. Incorporation of Recitals. The parties confirm and incorporate the foregoing Recitals into this Agreement.

C. Purpose/Limits of Agreement. A specific purpose of this Agreement is to set forth specific terms and conditions of annexation of the Property to City.

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

AGREEMENT
Generally, each party to this Agreement is benefited and burdened by detachment from the County and annexation to the City. Owners will obtain a variety of services from City and City will obtain additional tax revenues. City has adopted ordinances, regulations, and policies concerning design, improvement, construction, development and use of property within the City.

Nothing contained in this Agreement shall constitute a waiver of City’s legislative, governmental, or police powers to promote and protect the health, safety, and welfare of City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by City of any tax or fee. The purpose of this Agreement is to spell out additional conditions to which Owners will be subject following annexation and prior to development within the City due to the burden placed on City by Owners desired annexation:

A. Water Acquisition Policy: Although City’s current water service provider, California Water Service, continues to issue will-serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem. Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water Conservation District and it has adopted a policy, as set forth in Chapter

16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexation and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order 1978
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to serve new development that comes with annexation, including development of the Property (the “Water Acquisition Policy”). Therefore, Owners agrees that, at the time that LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will comply with the Water Acquisition Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owners reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No post-annexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owners comply with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owners agree that it shall identify all water rights which, to the best of Owners knowledge, have been used by Owners or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City. City shall cooperate with Owners in valuing such water rights for the purposes of determining the amount of offset to be applied against the in-lieu fee as required pursuant of the Water Acquisition Policy. Owners further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owners own that may be in addition to those required to meet Owners obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of a building permit covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such water rights conveyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with conveyance of water rights or payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property.

B. General Plan Maintenance Fee: On June 21, 2004, the City adopted (by Resolution 2004-63, as corrected) a General Plan Maintenance Fee.

Owners agree that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $495 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more building permits covering the Property and, in the event Owners apply to City for its approval of multiple 1979
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building permits covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property. Owners satisfaction of its obligations under this Section II(B) will satisfy any and all of Owners obligations related to and arising under the General Plan Maintenance Fee.

C. Plan For Providing Services. The parties agree to cooperate in, and to take such actions as may be necessary to ensure, the diligent preparation of a Plan For Providing Services to the Property, to be submitted to LAFCO along with City’s annexation application, in accordance with Cortese-Knox-Hertzberg Act requirements.

Developer understands and agrees that building permits and other entitlements for development on the Property will not be issued unless and until each and every condition herein is met.

III. TERM
The term of this Agreement shall become effective when fully executed by the parties hereto (the “Effective Date”) and continue for a period of twenty (20) years. This Agreement shall terminate if (a) the annexation proceedings are terminated for any reason; or (b) the completion of the annexation (recordation of a Certificate of Completion) does not occur on or before one (1) year from the Effective Date. Any indemnification provision included herewith shall survive termination and continue until expiration of the statute of limitations applicable to the subject matter thereof.

IV. DEFAULT, REMEDIES AND ENFORCEMENT
In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, the other party may exercise any rights available at law or in equity, including an action for specific performance or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or cancelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.

V. INDEMNIFICATION
Owners agree to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, causes of actions, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owners property, or which are in any manner connected with the City’s 1980
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enforcement of this Agreement. Owners further agree to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option to pay the attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation.

VI. MISCELLANEOUS
a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.
b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement.
d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owners, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93291
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King
Visalia, CA 93291
To Owner: Margaret Kenyon Elliott
16479 EFM 837
Frankston, TX 75763
San Joaquin Valley Homes
Attn: Steven Macias
5607 Avenida de los Robles
Visalia, CA 93291
Or such other address as the parties may from time to time designate by giving notice as required hereunder.
1981
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e. Entire Agreement. This Agreement represents the entire agreement between the City and Owners as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement.
j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owners and that Owners are not an agent of City. City and Owners hereby renounce the existence of any form of joint venture 1982
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or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owners joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
r. Future Development Impact Fees. The Owners hereby acknowledge that the City may, from time to time, adopt additional development impact fees at some time in the future after annexation of the Property. The Owners hereby agree that, in the event that the City adopts an ordinance imposing a development impact fee, in accordance with applicable legal requirements, prior to issuance of a vesting project approval for development of any portion of the Property, Owners will be subject to the requirements of such citywide development impact fee program to the extent applicable at the time Owners seek a vesting project approval for a project on the Property. This provision is not intended to retroactively subject the Property to additional annexation-related fees that may be adopted in the future.
s. Prezoning. City agrees to promptly process and, after City completes and adopts its environmental review, consider Owners application to prezone the Property, as required by the Cortese-Knox-Hertzberg Act’s prezoning requirements. The R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation is the adopted prezonings for the Property, in accordance with Visalia Municipal Code Chapters 17.12 and Section

17.06.050(A), which section states that all territory which is annexed into the City shall be classified to the zone as indicated on the Visalia General Plan land use map, as adopted by the City (the “Prezoning”). The R-1-5 1983
8 of 9
(Single Family Residential, 5,000 sq. ft. minimum) zoning designation permits residential land uses, as specified by the City of Visalia Municipal Code. Upon execution of this Agreement, City shall use its best efforts to (i) promptly complete its environmental review of the Project and consider its adoption thereof, and (ii) complete its preparation of the proposed prezoning contemplated by this subsection II(E) and consider its approval thereof. If City approves the prezoning contemplated by this subsection II(E), the terms and conditions of such prezoning shall be included in City’s application to LAFCO for the annexation of the Property to City, which application shall promptly be submitted to LAFCO by City.
t. Development Impact Fees: The Owners shall pay all applicable development impact fees for any subsequent development on the Property at the time that building permits are issued, or prior to issuance of final occupancy, if applicable, at the discretion of the Community Development Director, or as may be required by ordinance. A list and amount of development impact fees can be located in the City’s current version of the Development Fee Schedule.
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1984
9 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

CITY
Date: ____________ By: _________________________________ Leslie Caviglia, City Manager
Attest:

Date: ____________ By: _________________________________ Michelle Nicholson, City Clerk
Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson, City
Attorney
OWNERS
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
1985
RESOLUTION NO 2024-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA APPROVING ELLIOTT TENTATIVE SUBDIVISION MAP NO. 5597: A REQUEST TO SUBDIVIDE TWO PARCELS TOTALING APPROXIMATELY 59.13-ACRES INTO 225

LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND ADDITIONAL OUTLOTS FOR LANDSCAPING AND A NEIGHBORHOOD PARK, TO BE LOCATED WITHIN THE R1-5 (SINGLE-FAMILY RESIDENTIAL, 5,000 SQUARE FOOT MINIMUM SITE AREA) ZONE. THE PROJECT SITE IS LOCATED WEST OF SOUTH ROEBEN STREET, APPROXIMATELY 650 FEET SOUTH OF WEST TULARE AVENUE (APNS: 087-010- 006, 008)
WHEREAS, Elliott Tentative Subdivision Map No. 5597 is a request to to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue (APNs: 087-010-006, 008); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on July 22, 2024; and WHEREAS, during the July 22, 2024, Planning Commission meeting the Planning Commission requested that the project be continued to the August 12, 2024 Planning Commission meeting to provide staff and the project applicant with time to address concerns raised by the public regarding a five-foot-wide strip of land located between an existing block wall on six lots within the Savannah Heights Subdivision and the southern property boundary of the project site; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on August 12, 2024; and WHEREAS, the Planning Commission of the City of Visalia finds the tentative subdivision map in accordance with Chapter 16.16 of the Subdivision Ordinance of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby adopts Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257) for Elliott Tentative Subdivision Map No. 5597 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines. 1986
Resolution No. 2024-07
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Visalia approves the proposed tentative subdivision map based on the following specific findings and based on the evidence presented:

1. That the proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained are consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21 of the General Plan. Policy LU-P-21 allows for the “annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”.

2. That the proposed Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems.

The proposed tentative subdivision map will be compatible with adjacent land uses.

The project site is bordered by existing residential development, an arterial street, and two collector streets.

3. That the site is physically suitable for the proposed tentative subdivision map. The Elliott Tentative Subdivision Map No. 5597 is consistent with the intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision establishes an arterial, collector, and local street pattern that will serve the subject site and the future development of vacant parcels located to the north and west of the subject site.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the underlying Low Density Residential General Plan Land Use Designation. The proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvement and design, and the conditions under which it will be maintained is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21.

5. That the proposed Elliott Tentative Subdivision Map No. 5597, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 225-lot subdivision is designed to comply with the City’s Engineering Improvement Standards for major streets. The development of the site 1987
Resolution No. 2024-07
with a 225-lot single-family residential subdivision will improve arterial and collector streets (South Roeben Street, West Tulare Avenue, and South Shirk Street), and extend local streets, infrastructure improvements, utilities, right-of-way improvements and a residential lot pattern consistent with existing residential development found in the area.

6. The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances.

The proposed location of the subdivision is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility. The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.

The proposed project will result in the creation of a new single-family residential development at a density of 3.8 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits.

7. The Housing Accountability Act (GC section 66589.5) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact. There is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and development standards.

8. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257), is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

BE IT FURTHER RESOLVED that the Planning Commission hereby approves Elliott Tentative Subdivision Map No. 5597 on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Section

16.16.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2023-131 incorporated herein by reference.
1988
Resolution No. 2024-07

2. That the Elliott Tentative Subdivision Map No. 5597 be prepared in substantial compliance with the subdivision map in Exhibit “A”.

3. That setbacks for the Elliott Tentative Subdivision Map No. 5597 shall be as follows:

Minimum
Lot Area Front Side Street Side Rear
5,000 sq.
ft.
15-ft. to habitable
space. 22-ft. to
garage, except on
curvilinear lots
20-ft. to garage.
5-ft. 10-ft.
25-ft. City standard rear yard
setbacks are 25 feet with allowance
for one-story structure to go to 20-
feet subject to open space
requirements.

4. That approval of the Elliott Tentative Subdivision Map No. 5597 shall not become effective unless Annexation No. 2024-01, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO), and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2024-01.

5. That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.

6. That the applicant shall consult with City of Visalia Engineering Development Division and Traffic Engineering Division and comply with any requirements for adequate design and improvement of the proposed local, collection, and arterial streets. The applicant shall redesign Street 6 to comply with the 60-foot width requirement for local streets.

7. That the applicant shall comply with the Tulare County Comprehensive Airport Land Use Plan and noise requirements therein prior to issuance of a building permit for the tentative subdivision map. This is subject to a requirement that, in areas where aircraft noise is expected to exceed 60dB CNEL, inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.

8. That the block walls located within the Landscape and Lighting District lots shall transition to three-foot height within the 15-foot front yard setback areas of the adjoining residential lots identified as Lots 49, 50, 63, 64, 105, and 135.

9. That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lots 44 and 45 (1617 and 1618 South Jacques Court), and 1627 South Roeben Street (APN:
087-442-040). For Elliott Subdivision Lot 1, the block wall shall transition to a threefoot-tall block wall within the 15-foot front yard setback area. The walls shall also be maintained by the Lighting and Landscape District for the Elliott Tentative Subdivision Map No. 5597.
1989
Resolution No. 2024-07

10.The applicant shall coordinate with the Persian Ditch Company and shall comply with all its requirements for the installation of improvements to the Persian Ditch within the project site.

11.The applicant shall comply with all requirements of Visalia Municipal Code Chapter

12.24 (Oak Tree Preservation), for the removal of any Valley Oak trees from the project site.

12.That the Mitigation Monitoring and Reporting Program and its mitigation measures adopted with the Initial Study / Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257) and all conditions of the Elliott Tentative Subdivision Map No. 5597, including the following conditions in response to the Department of Toxic Substances Control (DTSC) comment letter be met during construction and upon final occupancy and ongoing operation of the project:
• That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
• All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).

13.That the applicant shall consult with the City of Visalia Parks and Recreation Department and shall comply with all requirements for development of the park on Outlot E, which will include designing and installing amenities for the future park.

14.That the temporary stormwater basin located on Lots 37 through 43, and Lots 186 and 187, shall be maintained onsite until a permanent regional ponding basin is established to service the development.

15.That the project be developed in substantial compliance with all improvements depicted and described in Exhibits “A” through “G”.

16.That the developer shall inform and have future homeowners of the Elliott subdivision sign and acknowledge Tulare County’s “Right to Farm” Ordinance. This informs future residential owners that the farming operations located to the north and west, which are located in Tulare County, are protected and cannot be declared a 1990
Resolution No. 2024-07
nuisance if operating in a manner consistent with proper and accepted customs and standards.

17.That all applicable federal, state, regional, and city policies and ordinances be met. 1991
TEMP. POND
(ACCOUNTS FOR 80 AC OF SFR)
(FUTURE LOTS 37-43, 186-187)
VREQ'D. 9.73 AC-FT
VPROP. 11 AC-FT
DEPTH 10'
SLOPE 3:1
PHASE 1
83 UNITS
60' 40' 20'
60' 40' 20'
60' 60'
40'
20'
APN 087-010-005

NOT A PART
7061 S.F.
147
7060 S.F.
144
7060 S.F.
137
14'
108' 108' 14' 55' 60' 60' 60'
14'
108'
65' 60' 60' 60'
60' 60' 60' 60' 60' 60' 30' 24' 65'
7579 S.F.
146
118'
108' 14' 55'
7619 S.F.
150
118'
7618 S.F.
145
118'
55'
14'
7578 S.F.108'
141
65'
118'
7578 S.F.
136
118'
65'
108' 14' 55'
7618 S.F.
140
118'
65'
7061 S.F.
149
60'
7061 S.F.
148
60'
60'
60'
60'
7060 S.F.
142
60' 65'
60'
7060 S.F.
143
60'
55'55'
7060 S.F.
139
7060 S.F.
138
6763 S.F.
2 6859 S.F.
3 118' 118' 118' 114'
6859 S.F.
4 114'
118' 118' 118' 114'
6859 S.F.
5 114'
60'
60'
60'
60'
6859 S.F.
6 6859 S.F.
7 6859 S.F.
8 60' 60'
114'114'114'
60' 60' 60' 60' 60'
65'
118'
55'
118'
65'
118'
55'
118' 118' 118'
114'114'114'114'
62' 62' 62' 62' 62' 62' 62'
14'

OUTLOT A
7111 S.F.

PARK (OUTLOT E) 4.15 AC
PHASE 2
142 UNITS
7599 S.F.
197
7637 S.F.
196
10849 S.F.
57 60' 60' 16'
2 4' 2
2' 42' 46' 21' 24'17' 60' 60' 60'
7600 S.F.
192
7668 S.F.
193
7668 S.F.
194
7668 S.F.
195
7637 S.F.
201
7668 S.F.
200
7668 S.F.
199
7668 S.F.
198 6480 S.F.
99 6987 S.F.
93 40'
6987 S.F.
102
60' 60'
36' 60'
42'
2 4'
7033 S.F.
92 6719 S.F.
91 6330 S.F.
90 71'
62'
8737 S.F.
73 6989 S.F.
81 71'
61'
46'
55'
6480 S.F.
80 60' 60'
14'
6480 S.F.
79 71'
14'
81'
99'
99'
6480 S.F.
78 14' 41'
65'
14'
6480 S.F.
77 71'
71'
98'
65' 60'
14'
6310 S.F.
76 55'
24'
6951 S.F.
98'
82 71'
14'
60'
6480 S.F.
83 60'
60'
27'
6480 S.F.
84 71'
55'
60'
6480 S.F.
85 60'
60'
52'
6480 S.F.
86 71'
61'
98'
62'
6321 S.F.
87 2
4'
99'
12007 S.F.
89 14'
62'
6912 S.F.
216
6912 S.F.
211
14'
65'
71'
98'
63'
55'
60'
60' 30'
71'
5 4' 30'
62' 147'
71'
5 4' 60'
5 2'
71'
62'
60'
23'
60'
15'
6376 S.F.
50 71'
71'
62'
60'
24'
19'
96'
6480 S.F.
51 51'
60' 60'
6369 S.F.
63 61'
71'
16' 14'
60'
6480 S.F.
62 13'
60' 60'
6480 S.F.
61 71'
2 4'
42'
60' 46'
6518 S.F.
60 108'
108'
108'108'
108'
98'
109'
108'108'108'
108'108'108'
108'
108'108'108'
6480 S.F.
59 14' 98'
63'
15'
14'
6255 S.F.
58 14'
40'
141' 60'
6518 S.F.
52 108'
98'
14'
108'
108'
108'
60'
118'
40'
108'
99'
109'
108'108'
108'108'
60' 60'
97'
108'
108'
6480 S.F.
53 60'
139'
108'
6480 S.F.
54 61'
71'
22'
118'
60' 60'
6244 S.F.
55 60' 60' 99'
108'
108'
108'
108'
71'
61'
108'
108'
108'
60'
60'
109'
101'
97'
108'108'
108'108'
98'
97'
97'
108'
108'108'
108'
9756 S.F.
56 95'
46' 19'
149'
7944 S.F.
88 132'
11480 S.F.
74 60' 60'
4'
9' 8'
TEMP. TURNAROUND
TEMP. TURNAROUND
42'
60' 40' 20'
60' 40' 20'
60' 40' 20'
60' 40' 20'
60' 40' 20'
60' 40' 20' 40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
55'
65'
20' EXIST. ACCESS

EASEMENT
42'
APN 087-010-039

NOT A PART
APN 087-010-075

NOT A PART
APN 087-010-038

NOT A PART
ZONE "X"
ZONE "AE"
ZONE "X" ZONE "AE"

OUTLOT B
12328 S.F.

OUTLOT C
7783 S.F.

OUTLOT D
852 S.F.
10'
105'
14'
495' 26' 493'
27'
90' 14'
96' 19' 46' 60' 60' 60' 60' 60' 139'
14'
141' 60' 60' 60' 60' 60' 46' 19' 95'
14' 89'
28'
60' 60' 60'
593' 15'
27'
89'
14'
95'
19'
62' 147'
30'
10' 66' 115' 74' 60' 60' 60' 60'
60'
60'
6897 S.F.
135
7079 S.F.
106
12774 S.F.
120
7061 S.F.
154
6500 S.F.
157
6500 S.F.
166
6500 S.F.
172
6500 S.F.
175
6500 S.F.
184
6500 S.F.
187
65' 60' 60' 60' 60' 60'
105'
60' 60' 60' 60' 30'
108' 14' 55' 60' 60' 60'
65' 60' 60' 60'
106' 60' 60' 60'
14'
98'
65' 60' 60' 60'
98' 14' 55' 60' 60' 60'
14'
98'
65' 60' 60' 60'
98' 14' 55' 60' 60' 60'
14'
98'
65' 60' 60' 60'
98' 14' 55' 60' 60' 60'
7064 S.F.
21 109'
6550 S.F.
22 109'
6138 S.F.
23 99'
109'
10090 S.F.
17 126'
8 68'
'
60' 60' 60' 60'
464'
346' 28'
14' 272'
2 4' 56' 126'
374'
6953 S.F.
20 108'
60' 60'
6480 S.F.
19 22'
108'
6103 S.F.
18 98'
7578 S.F.
113
118'
7618 S.F.
114
118'
7619 S.F.
155
118'
55'
14'
7579 S.F.108'
151
118'
65'
7406 S.F.
130
115'
14' 55'
6973 S.F.
156
108'
60' 65'
7011 S.F.
167
108'
60' 55'
6973 S.F.
162
7011 S.F.
161
6973 S.F.
168
7010 S.F.
179
7010 S.F.
173
6973 S.F.
174
6973 S.F.
186
60'
65'
7011 S.F.
185
55'
7010 S.F.
191
55'
65' 60'
6973 S.F.
180
60'
60'
6500 S.F.
181
55'
60' 55'60' 65'
6500 S.F.
182
6500 S.F.
183
55'
6500 S.F.
190
6500 S.F.
189
6500 S.F.
188
60'
6500 S.F.
178
60' 60'
65' 60'
60'
6500 S.F.
177
60'
60'
60'
60'
6500 S.F.
176
60'
60'
65'
60'
6500 S.F.
169
6500 S.F.
170
6500 S.F.
171
60'
6500 S.F.
163
55'
65'
6500 S.F.
164
65'
108'
108'
108'
60'
108'
108'
108'
60'
108'
108'
108'
108'
108'
108'
108'
6500 S.F.
165
108'
60' 60'
108'
108'
108'
60'
108'
60'
108'
108'
108'
108'
108'
108'
108'
6500 S.F.
160
108'
65'
6500 S.F.
159
108'
60'
6500 S.F.
158
60'
7060 S.F.
112
60' 60'
7060 S.F.
111
118'
7060 S.F.
110
55'
14'
118'
60'
108'
118'
7060 S.F.
109
108'65'
118'
60'
7060 S.F.
108
60' 60'
118'
60'
7060 S.F.
107
60' 60'
118'
62'
7060 S.F.
115
7060 S.F.
116
7060 S.F.
117
7018 S.F.
118
118'
60'
147'
30'
118'
118'
30' 60'
60'
60'
7061 S.F.
152
7061 S.F.
153
6930 S.F.
131
6930 S.F.
132
6930 S.F.
133
6930 S.F.
134
60' 51' 14'
6470 S.F.
1 60' 60' 145'
3 5' 24'
60'
60'
118'
115'115'115'
24' 16'
118'
60'
106'
40'
40' 115'
60' 60' 60' 60'
60'
6859 S.F.
9 55'
14'
114'
6859 S.F.
10 65'
114'
6859 S.F.
11 157' 60'
114'
6859 S.F.
12 60' 60'
114'
6859 S.F.
13 60'
6860 S.F.
14 114'
6685 S.F.
15 104'
114'
60' 60' 60'
9829 S.F.
40 108'
118'
118'
115'115'
95'
108'
55'
108'
108'
108'
55'
108'
108'
108'
65'
108'
108'
108'
108'
108'
108'
108'
108'
118'
118'
118'
118'
118'
118'
115'115'115'
114'114'114'
118' 65'
10328 S.F.
24 99'
11066 S.F.
25 167'
10659 S.F.
16 163'
60'
104'
6854 S.F.
26 7000 S.F.
27 7000 S.F.
28 7000 S.F.
29 7000 S.F.
30 7000 S.F.
31 7000 S.F.
32 7001 S.F.
33 117'
60' 60'
117'117'117'117'
106'
7001 S.F.
34 117'117'117'117'
7001 S.F.
35 117'
7001 S.F.
36 117'
7001 S.F.
37 117'
6915 S.F.
38 108'
117'117'117'117'117'117'
7912 S.F.
42 60' 60' 46'
60' 60' 161'
7630 S.F.
41 145' 60' 60'
124'
7944 S.F.
39 129'
65'
99'
108'
112'
60'
55' 60' 0'
2 4' 3
8'
40'
40'
14' 2 4'
31' 60' 60' 60' 60' 60' 60' 60' 60' 60' 60' 60' 24' 24' 7' 41' 42'
98'
41' 24' 51' 60' 60' 60' 60' 60' 60' 60'
60' 60' 60'
3'
55'
14'
98' 98' 14'
14'
98' 98' 14'
14'
98' 98' 14' 60' 60' 55'

POWER POLE POWER POLE POWER POLE

POWER POLE POWER POLE POWER POLE POWER POLE POWER POLE
PERSIAN DITCH TO REMAIN. SEE

CROSS SECTIONS FOR FENCING/
ACCESS ROAD DETAILS.

FENCE LINE ENCROACHES INTO

PROPERTY, DEVELOPER TO ADDRESS

AT THE TIME OF CONSTRUCTION
TEMP. POND TO BE
CONSTRUCTED W/ PHASE 1
7444 S.F.
129
2 4' 5
4' 41' 36'
7130 S.F.
128
24' 62' 62' 62'
7130 S.F.
127
62' 62'
7130 S.F.
126
62' 62'
7130 S.F.
125
55'
115'115'
7130 S.F.
124
65'
108'
115'115'
7130 S.F.
123
115'
14' 55'
115'115'
7130 S.F.
122
60' 60'
115'
6736 S.F.
121
60' 37'
105'
115'115'115'
11201 S.F.
119
151'
55' 14' 105'
112'
30'30'
4'
6988 S.F.
225
108'
14' 98'
64' 64' 64' 64' 65'
14' 98'
65' 64' 64' 64' 64' 64'
6951 S.F.
202
64' 64'
64'
108'
6952 S.F.
214
64'
64'
108'
6989 S.F.
213
64'
108'
6912 S.F.
224
6912 S.F.
223
6912 S.F.
222
6912 S.F.
221
6912 S.F.
220
6912 S.F.
219
6912 S.F.
218
6912 S.F.
217
6912 S.F.
215
65' 64' 64'
98'
14' 55' 64' 64' 64'
64' 64' 64' 65'
98'
14'
55' 64' 64' 64' 64' 64' 64' 64' 64' 64' 64' 55' 108' 108' 108' 108' 108' 108' 108' 108' 108' 6912 S.F.
203
6912 S.F.
204
6912 S.F.
205
6912 S.F.
206
6912 S.F.
207
6912 S.F.
208
6912 S.F.
209
6912 S.F.
210
6912 S.F.
212
64' 64' 64' 64' 64' 64' 64' 55'
108'108'108'108'108'108'108'108'108'
55'
108'108'108'108'108'108'108'108'108'108'108'
60'
40'
20'
6412 S.F.
49 108'
102'
6480 S.F.
48 19'
96'
46'
108'
6480 S.F.
47 60' 60'
108'
6480 S.F.
46 14'
60' 60'
108'
6480 S.F.
45 90'
60' 60'
108'
6480 S.F.
44 27'
74' 115'
108'
6480 S.F.
43 665'
66'
59'
108'
108'
108'
108'
6480 S.F.
104
7036 S.F.
72 107'
6480 S.F.
103
6421 S.F.
105
108'
60' 60'
65'
99'
108'
108'
108'
BOL

GUY GUY
BOL
BOL
SP
SP
SP
SP
SP
300.53 TOE
300.31 TOE
300.69 TOE
300.77 TOE
300.72 TOE
PP
VP
VP
VP
VP

X X X X
X X X
X X

X X X X X X X X X X X X X X X X X X X X X

X X X X
X
X
X X

X X X X X X X X X

X X X X
(E) SD (E) SD (E) SD
(E) SD (E) SD
(E) SD (E) SD (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W 8682 S.F.
101
108'
60'
81'
60'
11286 S.F.
75 55'
97'
160'
6642 S.F.
94 108'
60' 60'
60'
60'
6642 S.F.
95 46'
65'
14'
108'
6804 S.F.
96 60' 63'
98'
108'
6480 S.F.
97 62'
108'
6480 S.F.
98 62'
108'
14' 98'
6480 S.F.
100
65'
108'
108'
108'
108'
12451 S.F.
97'
70 6378 S.F.
69 61' 61' 61'
6513 S.F.
64 108'
6588 S.F.
65 47' 61' 19'
108'
6588 S.F.
66 95'
61'
108'
6588 S.F.
67 61' 61'
108'
6588 S.F.
68 61'
108'108'108'
10679 S.F.
71 140'
61' 61' 13'
AVENUE 6
STREET 8
STREET 1
AVENUE 1
AVENUE 2
AVENUE 3
AVENUE 5
AVENUE 4
AVENUE 7
AVENUE 8 AVENUE 8
STREET 2STREET 4STREET 5
STREET 7STREET 9
STREET 6
STREET 5
STREET 3

S ROEBEN ST

S SHIRK RD
STREET 3

W TULARE AVE

SECTION LINE

SECTION LINE

SECTION LINE
EXIST. ROAD
EXIST. ROAD
EXIST. ROAD
EXIST. ROAD EXIST. PARCEL LINE
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

ELLIOT PROPERTY
LEGEND
APN: 087-010-006, 087-010-008
ZONING: AGRICULTURE
GENERAL PLAN: LOW DENSITY RESIDENTIAL
FLOOD ZONE: AE & X
ELECTRICITY: SOUTHEN CALIFORNIA EDISON COMPANY
WATER: CALWATER
TELEPHONE: AT&T
NATURAL GAS: SOUTHERN CALIFORNIA GAS COMPANY
EXISTING USE: VACANT
PROP. USE: LOW DENSITY RESIDENTIAL
PROP. MAINTENANCE: CITY OF VISALIA

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

VICINITY MAP
SCALE: 1"=1500'
NORTH
100' 0' 100'
PAGE 1 OF 4

TENTATIVE SUBDIVISION MAP
June 18, 2024
1992
S89° 59' 49"E 1,322.32'±
S0° 09' 41"E 659.33'± S89° 59' 45"E 1,322.55'±
N0° 10' 51"W 1,318.70'±
N89° 59' 53"W 2,644.20'±
S0° 08' 31"E 659.30'± 20' 20'
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
500' 500'
NW COR. SW1/4 SECT. 34-18/24POINT OF BEGINNING
EXHIBIT "B" LEGEND

ANNEXATION BOUNDARY

EXISTING CITY LIMITS
ANNEXATION NO. 2024-___
THAT PORTION OF SECTION 34. T. 18
S., R. 24 E., M.D.B.&M., IN THECOUNTY OF TULARE, STATE OFCALIFORNIA CITY OF VISALIA - EFFECTIVE:

HWY 198 HWY 198
ROAD 92

ROBEN STREET TULARE COUNTY TULARE COUNTY CITY OF VISALIA

CITY OF VISALIA
NORTH

VICINITY MAP

NO SCALE

CITY LIMITS

CITY LIMITS
SUBJECT PROPERTY APN: 087-440-036 APN: 087-440-035
APN: 087-440-030
APN: 087-440-029
APN: 087-440-024
APN: 087-440-023
APN: 087-440-040
APN: 087-410-041
APN: 087-410-040
APN: 087-400-081
APN: 087-400-080
APN: 087-400-018
APN: 087-400-001
APN: 087-010-005
APN: 087-010-008
APN: 087-010-039 APN: 087-010-075
APN: 087-440-001

TULARE COUNTY
APN: 081-060-018

ROEBEN ST

CITY OF VISALIA

CITY OF VISALIA

TULARE COUNTY

TULARE COUNTY
APN: 087-050-035
TULARE AVE AKERS STREET APN: 087-010-006
ROAD 92
1 2
3 4
5 6 NW1/4 SW1/4 SECT. 34-18/24
S1/2 NE1/4 SW1/4 SECT. 34-18/24
N. LINE OF SW1/4
E. LINE OFNW1/4 OF SW1/4
N. LINE OF S1/2 OF
NE1/4 OF SW1/4
E. LINE OF SW1/4
S. LINE OF N1/2
OF SW1/4
W. LINE OF SW1/4
AREA: 59.74 ac. ±
TULARE AVE.
1993

ONLY ONE SHEET
EXHIBIT “A”

CITY OF VISALIA
ANNEXATION NO. 2024-______
That portion of the Northwest quarter of the Southwest quarter and that portion of the South Half of the Northeast quarter of the Southwest quarter of Section 34, Township 18 South, Range 24 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, being more particularly described as follows:

Beginning at the Northwest corner of the Southwest quarter of Section 34, Township 18 South, Range 24 East;

1. Thence South 89°59’45” East, along the North line of said Southwest quarter, 1322.55 feet more or less, to the Northeast corner of the Northwest quarter of said Southwest quarter;

2. Thence South 0°09’41” East, along the East line of the Northwest quarter of said Southwest quarter, 659.33 feet more or less, to the North line of the South half of the Northeast quarter of said Southwest quarter;

3. Thence South 89°59’49” East, along last said North line, 1322.32 feet more or less, to a line parallel with and 20 feet West of East line of said Southwest quarter, and existing City Limit line, being the West right-of-way line of Roeben Street;

4. Thence South 0°08’31” East, along said parallel line, and existing City Limit line, and said right-of-way line, 659.30 feet more or less, to the South line of the North half of said Southwest quarter;

5. Thence North 89°59’53” West, along said South line, and along the existing City Limit line and the Westerly prolongation thereof, 2644.20 feet more or less, to the Southwest corner of the Northwest quarter of said Southwest quarter;

6. Thence North 0°10’51” West, along the West line of said Southwest quarter, 1318.70 feet more or less, to the Northwest Corner of said Southwest quarter and the Point of Beginning; Consisting of 59.74 acres more or less.
1994
TEMP. POND
(ACCOUNTS FOR 80 AC OF SFR)
(FUTURE LOTS 37-43, 186-187)
VREQ'D. 9.73 AC-FT
VPROP. 11 AC-FT
DEPTH 10'
SLOPE 3:1
PHASE 1
83 UNITS
APN 087-010-005
NOT A PART PHASE 2
142 UNITS
APN 087-010-039

NOT A PART
APN 087-010-075

NOT A PART
APN 087-010-038

NOT A PART
ZONE "X"
ZONE "AE"
ZONE "X" ZONE "AE"
TEMP. POND TO BE
CONSTRUCTED W/ PHASE 1
BOL

GUY GUY
BOL
BOL
SP
SP
SP
SP
SP
300.53 TOE
300.31 TOE
300.69 TOE
300.77 TOE
300.72 TOE
PP
VP
VP
VP
VP

X X X X
X X X
X X

X X X X X X X X X X X X X X X X X X X X X

X X X X
X
X
X X

X X X X X X X X X

X X X X
(E) SD (E) SD (E) SD
(E) SD (E) SD
(E) SD (E) SD (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W AVENUE 6
STREET 8
STREET 1
AVENUE 1
AVENUE 2
AVENUE 3
AVENUE 5
AVENUE 4
AVENUE 7
AVENUE 8 AVENUE 8
STREET 2STREET 4STREET 5
STREET 7STREET 9
STREET 6
STREET 5
STREET 3

S ROEBEN ST

S SHIRK RD
STREET 3

W TULARE AVE

SECTION LINE

SECTION LINE

SECTION LINE
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

ELLIOT PROPERTY
LEGEND
APN: 087-010-006, 087-010-008
ZONING: AGRICULTURE
GENERAL PLAN: LOW DENSITY RESIDENTIAL
FLOOD ZONE: AE & X
ELECTRICITY: SOUTHEN CALIFORNIA EDISON COMPANY
WATER: CALWATER
TELEPHONE: AT&T
NATURAL GAS: SOUTHERN CALIFORNIA GAS COMPANY
EXISTING USE: VACANT
PROP. USE: LOW DENSITY RESIDENTIAL
PROP. MAINTENANCE: CITY OF VISALIA

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

VICINITY MAP
SCALE: 1"=1500'
NORTH
100' 0' 100'
PAGE 2 OF 4

PHASING EXHIBIT
June 18, 2024
1995
APN 087-010-005

NOT A PART
APN 087-010-039

NOT A PART
APN 087-010-075

NOT A PART
APN 087-010-038

NOT A PART
BOL

GUY GUY
BOL
BOL
SP
SP
SP
SP
SP
300.53 TOE
300.31 TOE
300.69 TOE
300.77 TOE
300.72 TOE
PP
VP
VP
VP
VP

X X X X
X X X
X X

X X X X X X X X X X X X X X X X X X X X X

X X X X
X
X
X X

X X X X X X X X X

X X X X
(E) SD (E) SD (E) SD
(E) SD (E) SD
(E) SD (E) SD (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W AVENUE 6
STREET 8
STREET 1
AVENUE 1
AVENUE 2
AVENUE 3
AVENUE 5
AVENUE 4
AVENUE 7
AVENUE 8 AVENUE 8
STREET 2STREET 4STREET 5
STREET 7STREET 9
STREET 6
STREET 5
STREET 3

S ROEBEN ST

S SHIRK RD
STREET 3

W TULARE AVE

SECTION LINE

SECTION LINE

SECTION LINE
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

ELLIOT PROPERTY
LEGEND
APN: 087-010-006, 087-010-008
ZONING: AGRICULTURE
GENERAL PLAN: LOW DENSITY RESIDENTIAL
FLOOD ZONE: AE & X
ELECTRICITY: SOUTHEN CALIFORNIA EDISON COMPANY
WATER: CALWATER
TELEPHONE: AT&T
NATURAL GAS: SOUTHERN CALIFORNIA GAS COMPANY
EXISTING USE: VACANT
PROP. USE: LOW DENSITY RESIDENTIAL
PROP. MAINTENANCE: CITY OF VISALIA

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
2380 (1-STORY)
50'
70'
50'
2266 (1-STORY)
2855 (2-STORY)
50'
70' 63'
2105 (1-STORY)
50'
61'
48'
1930 (1-STORY)
48'
58'
2'
1735 (1-STORY)
50'
49'
1590 (1-STORY)
50'
50'
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

VICINITY MAP
SCALE: 1"=1500'
NORTH
100' 0' 100'
PAGE 3 OF 4

ATYPICAL LOT EXHIBIT
June 18, 2024
1996

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

ELLIOT PROPERTY
LEGEND
APN: 087-010-006, 087-010-008
ZONING: AGRICULTURE
GENERAL PLAN: LOW DENSITY RESIDENTIAL
FLOOD ZONE: AE & X
ELECTRICITY: SOUTHEN CALIFORNIA EDISON COMPANY
WATER: CALWATER
TELEPHONE: AT&T
NATURAL GAS: SOUTHERN CALIFORNIA GAS COMPANY
EXISTING USE: VACANT
PROP. USE: LOW DENSITY RESIDENTIAL
PROP. MAINTENANCE: CITY OF VISALIA

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292
CITY STD. PAVEMENT
SECTION CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
5' 20.0' 20.0'
C
R/W
L R/W
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
60'
5' 5' 5'
CL

31.0' 31.0' 5.0' 6.0'

10.0'

LANDSCAPE LOT

6.0' 5.0'

10.0'

LANDSCAPE LOT
CITY STD. PAVEMENT

SECTION
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK

84.0'

R/W R/W
INSTALL 7'

BLOCK WALL
INSTALL 7'

BLOCK WALL
CL

30.0' 30.0' 5.0' 7.0'

10.0'

LANDSCAPE LOT

7.0' 5.0'

10.0'

LANDSCAPE LOT
CITY STD. PAVEMENT

SECTION
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK

26.0'
110.0'

R/W R/W
INSTALL 7'

BLOCK WALL
INSTALL 7'

BLOCK WALL
CL

CL DITCH

EASEMENT

2.5' 2.5'

6.0' 6.0' 12.0'

ACCESS ROAD

15.0'
ACCES ROAD 3.0' 3.0'

26.5' 23.5'

25.0' 25.0'

5.0'

50.0'

EASEMENT LINEEASEMENT LINE
6' CITY STD. CHAIN

LINK FENCING W/

PRIVACY SLATS
6' CITY STD. CHAIN

LINK FENCING W/

PRIVACY SLATS

VICINITY MAP
SCALE: 1"=1500'
June 18, 2024
NORTH
100' 0' 100'
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

TYPICAL INTERNAL
PAGE 4 OF 4

TUARE AVE & ROEBEN ST

SHIRK RD

PERSIAN DITCH

CROSS SECTIONS
1997
FLOOD
ZONEAE
FLOOD
ZONEX

NOTAPART
PHASE2
PHASE1

NOTAPART

NOTAPART

SROEBENSTREET

SSHIRKROAD

ELLIOTTPROPERTY

PROJECTDETAILS
L
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FENCING

CITYOFVISALIA
087-010-006,087-010-008

59.13AC

AGRICULTURE

LOWDENSITYRESIDENTIAL

LOWDENSITYRESIDENTIAL
6,480SF(60’X108’)
225
83UNITS
142UNITS
PARK

4.15AC
1’‘=100’

WTULAREROAD
1998
Elliott Subdivision
Project Narrative
APPLICANT/DEVELOPER:

San Joaquin Valley Homes
Contact Person: Nicolas Peters
5607 Avenida de los Robles
Visalia, California 93291
(559) 732-2660
PROJECT OBJECTIVE:

Elliott Subdivision proposes low-density single-family homes and a 4.15-acre park on 59.13 gross acres within the City of Visalia Planning Area.

DESCRIPTION:

Elliott Subdivision will feature 225 single-family residential units, with an average lot size of 8,082 SF. The lot sizes range from a minimum of 6,376 SF to a maximum of 12,774 SF. • Phase 1: Includes Lots 1-83 with 1- and 2-story homes ranging from 1,735 to 2,855 SF. • Phase 2: Includes Lots 84-225 with 1-story homes ranging from 1,735 to 2,105 SF, excluding Lots 90-100 and Lot 152, which will have 2-story homes ranging from 1,735 to 2,855 SF.

The project includes a 4.15-acre park (Outlot E) with the Persian Ditch fenced off within the park area. The park will be dedicated to the City of Visalia and maintained via a Landscape and Lighting District, with no proposed amenities at this time.

The project's existing land use designation under the City of Visalia General Plan is Residential Low Density. The current County of Tulare zoning designation is AE-20 (Exclusive Agriculture, 20-acre minimum site area), and the proposed zoning under city jurisdiction is R-1-5 (Single Family Residential, 5,000 square foot minimum site area).

INFRASTRUCTURE IMPROVEMENTS:

The project will include onsite and offsite infrastructure improvements, such as new and relocated utilities, new residential streets, and improvements to West Tulare Avenue, South Roeben Street, and South Shirk Road. A retention basin will be located in the southwest corner of the project site to manage all on-site drainage. 1999
TYPICAL LOT SIZES: DENSITY:
6,480± SF minimum (60’ X 108’) 3.8 DU/AC
OUTLOT SIZES:

Outlot A - 7,111 SF
Outlot B – 12,328 SF
Outlot C – 7,783 SF
Outlot D – 852 SF
Outlot E – 4.15 AC
Outlots A-E To Be Dedicated to The City of Visalia
REQUIRED APPROVALS:
• Annexation into the City of Visalia
2000
san Joaquin Vauev 5507 Avenida de los Robles
l_.ll Q M S Visalia,CA
559.732.2660
93291
July 26, 2024
Dear Neighbors,
i hope this letter finds you well. My name is Steven Macias, and l am the Engineering Manager for San Joaquin Valley Homes (SJVH). We are excited to be developing the Elliott Project, located adjacent to your properties, and we look fon/vard to working together to address a matter that was discussed during a recent City of Visalia Planning Commission hearing that was held on Monday, July 22nd.

It has come to our attention that your block walls are set back five feet into your properties, a condition established as part of the approved map on April 26, 1993 (Conditional Use Permit No. 9310). Specifically, section 1b of the staff evaluation stated, "Additionally, there would be a 6-foot, 8- inch block wall along the north edge, set back five feet behind the property line to provide turning areas for farm equipment and a tree row inside the wall to buffer the residential use." SJVH has a well-established reputation for constructing successful subdivisions in the City of Visalia. It is standard company practice to install a wood fence along our property line where it abuts an existing residential use. In this instance, installing a wood fence along our property line would result in an approximate 5—foot gap between the new wood fence and your existing block walls. To address this matter, we propose the following options for your consideration:

Option 1: Lot Line Adjustment - SJVH is prepared to facilitate a lot line adjustment to incorporate the land outside of your block wall into the lots within the Elliott Project. SJVH will pay all associated fees to prepare and record the lot line adjustments, estimated at $20,000.

Option 2: Shared Cost for New Block Wall - We propose to share the cost of constructing a new six—foot, eight-inch block wall along the existing property boundary. Homeowners would have the option to remove their section of the existing block wall, thereby incorporating the additional area into their yards. Based on current estimates, the cost of constructing a block wall is approximately $100 per linear foot. With each property having approximately 200 feet of frontage, the total cost per property would be approximately $20,000. SJV Homes will provide the Homeowners with two bids for the wall construction. SJVH will collect $10,000 from each property owner to pay for the construction of the wall. SJV Homes will allow Homeowners up to six months to pay the amount to SJVH.

Should neither of these options be acceptable, SJVH will proceed with installing a new wood fence at the property line. In this case, the Homeowners will be responsible for maintaining the area between the new wood fence and the existing block wall because of their ownership over the property.

We respectfully request unanimous consent among the six affected property owners for the chosen solution. Unanimous consent is necessary because we believe a coordinated approach will ensure the most aesthetically pleasing and practical outcome for all involved.

S
2001
san JOBQUin valley 5607 Avenida de Ios Robles
' I O M E S Visalia,CA
559.732.2660
93291
Should the property owners reach a unanimous decision on one of the proposed options, we will request that all affected parties sign an agreement prepared by SJVH, prior to the next Planning Commission hearing.

Given our timeline, we kindly ask for your response by August 2, 2024. SJV Homes plans to present our project at the next Planning Commission hearing on August 12, 2024, and the City will prepare the staff report roughly two weeks in advance of the hearing. We are willing to meet with property owners on-site on Tuesday, July 30, 2024, at 2:00 pm, to discuss this matter further. lf there is another time that works better for all neighbors, please let me know and we will do our best to accommodate a preferred time or to meet with neighbors individually.

We are committed to working together to find a resolution that benefits everyone and ensures the continued success and harmony of our community. Should you have any questions or wish to discuss these options further, please do not hesitate to contact me at (559)786-0936.

Thank you for your attention to this matter.

Sincerely,
é
Steven J. acias
Engineering Manager
San Joaquin Valley Homes
C (559) 786-0936
[email protected]
2002
2003
2004
6'-8' BLOCK WALL
i~5' BLOCfiK WALL SETBACK FROM P/L //--TALLDRiP IRRIGATIONTREE ROW W1TH BUILDING S[TBAC~
NON - INHA,~ AI~.[ IT,AREA
I
25o-.~. 1
28 4000 sf TYt.

R-A
35' FRONT
12' SIDE
25' REAR
1I
2005
2006
2007
2008
CITY OF VlSALIA

STAFF REPORT
TO:

FROM:

SUBJECT:

VISALIA PLANNING COMMISSION DATE: APRIL 12, 1993
PLANNING DIVISION PROJECT PLANNER: CARL SCHLAUDT
SAVANNAH HEIGHTS TENTATIVE SUBDIVISION MAP and CONDITIONAL USE PERMIT NO. 93-10

GENERAL INFORHATION

1. Applicant:

2. Requested Action:

3. Location:

4. General Plan Land Use/Zoning:

Property Configuration & Area:

Surrounding Land Use & Zoning:

Environmental Review:

Special Districts:

Site Plan Review:

William Bogard Co.; California Planning
and Engineering - Agent.
a) Tentative subdivision map to divide 4
parcels into 53 lots for single family
residential development.
b) Conditional use permit to allow 2
dwelling units per acre in the RA zone.

North side of Walnut Avenue, between Shirk
and Roeben Streets; APN: 087- 46, 010- 47,
and 63.

The proposed site is designated as Rural
Residential on the General Plan Land Use
Element, and is zoned RA.

The subject area is irregular in shape
with an approximate area of 35 acres.

North: Agricultural; County AE-20, PDRA.

South: Agricultural, Ponding Basin; RA and
County AE-20.

East : Rural Residential; RA.

West : Rural Residential; RA.

Negative Declaration No. 93-18.

West Visalia Specific Plan Area.

February ]0, ]993.
2009

BACKGROUND EVALUATION

1. Description of the Project:

The applicant is requesting approval of a tentative subdivision map to divide approximately 35 acres into 53 single-family residential lots, for property located north of Walnut Avenue between Roeben and Shirk Streets. The project includes a conditional use permit to allow 2 dwelling units per acre in the RA zone. As shown in the site plan ( Exhibit "A"), the applicant is proposing a large lot subdivision with an average lot size of 1/2 acre. The project would be oriented around a new internal road system, including 4 cul- sacs, de-and would take primary access to Walnut Avenue via the proposed Savannah Street.

The subject site is currently vacant, fallow agricultural land. The site is bounded by rural residential homes to the west, agriculture and a storm water detention pond to the east, and a stone fruit orchard to the north. Persian Ditch runs along the east edge of the parcel. There are 2 large valley oak trees, which are indicated on the site plan within the area of Lots 9 and 15.

2. Related Plans & Policies:

General Plan Land Use Element
Land Use Element Policy 4. 171.provides for Rural Residential densities of up to 2 units per acre with a conditional use permit, in certain areas, including the west side of Roeben, between Tulare and Walnut. The policy also states:
a. Developments will not be permitted to have farm animals. b. Full development improvements shall be installed.

Co Development setbacks and buffering will ensure that there will be no conflicts with adjacent rural residential uses."
Land Use Element Policy No. 6.41.states: "Utilize Rural Residential land uses as a buffer and transition between agricultural uses and urban development." Zoning Ordinance Section 7255 was amended in 1991 to provide for 2 dwelling units per acre in the RA zone through the conditional use permit process.

West Visalia Specific Plan
The project site has an Agricultural designation under the West Visalia Specific Plan. However, the Land Use Element update in 1991 changed the General Plan designation to Rural Residential.

STAFF EVALUATION
Evaluation
Staff supports the requested tentative subdivision map and conditional use permit based on consistency with the intent of the General Plan and the Zoning Ordinance, and based on project compatibility with adjacent land uses. 2 2010
a. General Plan and Zoninq Ordinance
The proposed parcels would be developed to RA standards, with lots ranging from approximately 20,000 to 35,000 square feet. The average lot size would be approximately 1/2 acre. Staff views the proposed subdivision as consistent with General Plan Land Use Element Policy 4. 171.and the Zoning Ordinance for 1/ acre2-lots in the RA zone.
b. Aqricultural Buffer
To provide a buffer between this project and adjacent agricultural land uses to the north of the site, a 50-foot deep non-inhabitable rear setback area would be established along the north edge of lots adjacent to the agricultural use. This buffer, as shown in detail in Exhibit "B," would provide a distance separation of approximately 70 feet between the 2 land uses. Additionally, there would a 6-foot, 8-inch block wall along the north edge, setback 5 feet behind the property line (to provide turning areas for farm equipment), and a tree row inside the wall to buffer the residential use. Finally, a " right-tofarm" notice would be attached to the final map and with each individual property deed upon sale of lots. Staff supports these measures as consistent with the Land Use Element intent to buffer and separate these land uses.

Staff referred this request to the Tulare County Agricultural Commissioner for comment. Dennis Hanes, staff biologist, discussed the project with staff and stated that the County does not object to the project and supports the proposed buffering measures as discussed above. Staff recommends that these measures be included as conditions of approval for this project. c. Density
As proposed, the lots along the north edge of the site would be larger. This is to provide a suitable building envelope to compensate for the non-habitable agricultural buffer. The average lot size for the entire project is 1/ acre, 2- or approximately 21,780 square feet. Staff recommends, as a condition of approval, that the minimum lot size on the final map be 20,000 square feet to comply with the intent of the 1/ acre2-RA designation.
d. Access and Circulation
The Site Plan Review Committee is requiring that all lots adjacent to Walnut Avenue dedicate access rights onto Walnut to the City. The Committee is also requiring that Lot #53 have its driveway as far north as possible, and Lot #1 have its driveway as far west as possible to limit parking movements at the Vassar/Savannah intersection.
e. Block Wall and Fences
The project includes a 6-foot, 8-inch block wall along the Walnut frontage and along the north edge of the site. The wall along Walnut would be set in a 10- foot wide area which would be dedicated to the city in fee-simple title and placed in a Landscaping and Lighting Act District for maintenance. The wall along the north side of the site would be placed 5 feet inside of the north property line, and would be maintained by the individual homeowners. 2011
2012
2013

13. That the 50-foot wide portion of the Persian
tentative map, be dedicated to city.

14. That all other city codes and ordinances be met.

Ditch, as indicated on the
Conditional Use Permit No. 93-10
Staff further recommends that the Planning Commission approve the Conditional Use Permit No. 93-10:

1. That the proposed project is consistent with the General Plan and Zoning Ordinance.

2. That the increase in density from I to 2 units per acre is consistent with Land Use Policy 4. 171.for Rural Residential development.

That the project includes measures which would provide buffering between the proposed residential land use and adjacent agricultural areas.

4. That the proposed project would be compatible with adjacent land uses.

5. That the proposed project will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties in the vicinity. o That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant, and Negative Declaration No. 93-18 is hereby adopted.

And subject to the following conditions:

1. That all conditions of the Savannah Heights Tentative Subdivision Map shall apply.

2. That farm animals shall not be kept on any lot.
o That the approval term of this use permit shall run with the tentative subdivision map and shall be eligible to apply for time extensions in I year increments, concurrently with the tentative map. Said extensions shall not exceed 3 years in the aggregate.

Attachments:

Exhibit " A" - Site Plan
Exhibit " B" - Buffering Measures ( Site Plan Enlargement) Exhibit " C" - Air Pollution District Letter
Environmental Document
Location Sketch
c :\repocis\savannah
6 2014
2015
6'-8' BLOCK WALL
i~5' BLOCfiK WALL SETBACK FROM P/L //--TALLDRiP IRRIGATIONTREE ROW W1TH BUILDING S[TBAC~
NON - INHA,~ AI~.[ IT,AREA
I
25o-.~. 1
28 4000 sf TYt.

R-A
35' FRONT
12' SIDE
25' REAR
1I
2016
2017
Savannah tteights Tentative Subdiv~ ConditionalUsePermitNo. ion/93-10 Wayne Virag
March 31, 1993

The District appreciates the opportunity to comment on this Negative Declaration. If you have any questions, please do not hesitate to contact Joe O'Bannon at (805) 861-3682.

ROBERT C. DOWELL

DISTRICT MANAGER OF ENVIRONMENTAL PLANNING
By: Joe O'Bannon
Environmental Planner, Southern Region
APCO Refit: S$30071
2018
2019
Environmental Document #93-18
C:oss Reference @:

City of Visalia Planning Dept.

Savannah Heights Tentative Subdivision
Conditional Use Permit No. 93-10.

Date: March 10, 1993.
and

ENVIRONMENTAL DOCUMENT

INITIAL STUDY

GENERAL
A. Description of the Project
The applicant is requesting approval of the division of approximately 35 acres into 53 single-family residential parcels, for property located north of Walnut Avenue between Roeben and Shirk Streets. The project includes a
conditional use permit to provide for half-acre lot
development in the RA zone, as provide for in the Land Use Element. Primary access to the site would be from Walnut Avenue, an identified arterial.

B. Identification of the Environmental Settinq
The subject site is currently vacant. The site is bounded by rural residential homes to the west, agriculture and a storm water detention pond to the east, and a stone fruit orchard to the north. Two large oak trees exist within the project boundaries.

The surrounding zoning and land uses are as follows:

North:

South:

East :

West :

County; stone fruit orchard
County; agriculture
R- 6; 1-row crops and residences
County; agriculture and residences
Related Plans and Policies
General Plan Land Use Element
The Visalia General Plan designates the site for rural
residential development.

Policy No. 4. 17. " 1. Rural Residential areas shall be designated to provide opportunities for residential
dwellings in conjunction with small-scale farming and animal husbandry or in a semi-rural setting. Rural Residential development ( 6 persons per acre - up to 2 dwelling units per acre) shall be directed to areas where:
2020
all urban services ( i.e., storm drainage, schools,
sidewalks, lighting) may not be required or available;
adjacent to agricultural areas where more intensive
future urban development is unlikely because of public
safety conflicts such as the airport protection area;
boundaries between dissimilar land uses ( i.e.,
industrial to residential in the northwest and
agriculture to residential in the southwest);
o in areas where the viability of large-scale
agriculture may be threatened due to the encroachment
of non-agricultural uses, and which do not warrant
designation to a higher density.

Densities of up to 2 units per acre may be permitted by conditional use permit...on the west side of Roeben Road between Tulare and Walnut, subject to the following
conditions:

Developments will not be permitted to have farm
animals.
b. Full development improvements shall be installed.

Development setbacks and buffering will ensure that
there will be no conflicts with adjacent rural
residential uses."
Policy No. 4.7. " 1 Ensure that natural and open space
features such as Valley Oak trees and community waterways are treated as special site amenities which are to be
preserved and enhanced in conformity with the Open Space, Conservation, Recreation, and Parks Element."
Policy No. 6.4. " 1 Utilize Rural Residential land uses as a buffer and transition between agricultural uses and urban development."
Policy No. 6.. " 1 Promote the preservation of permanent agricultural open space around the City by protecting viable agricultural operations and land in the airport and
wastewater treatment plant environs."
Conservation, Open Space, Recreation, and Parks Element The Conservation, Open Space, Recreation, and Parks Element to the General Plan ( COSRP) identifies the Persian Ditch, which abuts the subject property on the east, as a Community Waterway. As such, the development will be subject to the following COSRP policies:

Policy No. 1.. " 2 Protect, and where necessary, restore and enhance a continuous corridor of native riparian
vegetation along planning area waterways."
2021
2022
2023
ENVIRONMENTAL DOCUMENT NO. 93-18

ENVIRONMENTAL CHECKLIST
A. BACKGROUND
Name of Proponcnt: William Bogard Company
Addressol Proponent: 1500S. Mooney Blvd:

Visalia, CA 93277
Telephone Number: ( 209) 734 6262
Date of Review: March 10, 1993
Agency Requiring Checklist: city_ fali~o. Vi
Name of Proposal, (if applicable) Savannah Heights Te,ltative Subd_ on./~ d. ivisi_ o~_it_na! [~_ i?Permit_No. 93 10 B. ENVIRONMENTAL IMPACTS
Explanations of all "YES" answers are required on
attached sheets)

1. Earth.

Will the proposal result in:
a. Unstable earth conditions or in chm~ges
in geologic structures?
b. Disruptions, displacements, compaction
or overcovering of the soil?
c. Change in topography or ground surface
relief feait utes?
d. The destruction, covering or modification
of any unique geologic or physical feature .
e. Any increase h~ wind or water erosion
of soil, either on or off the site?
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosion which may modify the channel of
a river or stream or the bed of the ocean
or any bay. inlet or lake?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mud slides, ground failure, or similar
hazards?
Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteratioa of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? X
PAGE I 2024

3. Water
Will the proposal result in:

Changes in currents, or tbe course of
direction of water movements, in either
marine or fresh water9
Changes in absorption rates, drainage
patterns, or tile rate and amount of
c Alterations to the course or flow of
flood waters?
d. Changes in the amount of surface water
in any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
f. Alteration of the direction or rate of
flow of ground waters?
g. Change in the quantity of ground waters,
either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations?
h. Substantial reduction in the amount of
water otherwise available for public
water supplies?
i. Exposure of people or property to water
related hazards such as flooding or
tidal waves?

4. Plant Life
Will the proposal result in:
a. Change in the diversity of species, or
number of any species or plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
b. Reduction in the numbers of any unique,
rare, or endangered species of plants?
c. Introduction of new species or plants into
an area, or ina barrier to the normal
replenishment of existing species?
d. Reduction in acreage of any agricultural
crop?
PAGE2
X
2025

5. Animal Life
Will the proposal result in:

Change in the diversity of species, or
numbers of any species or animals ( birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
b. Reduction of the numbers of any unique,rare or
endangered species of animals?
Introduction of new species of animals into an
area, or result in a barrier to the migration or
movement of animals?
d. Deterioration to existh~g fish or
wildlife habitat?
Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?

7. Light & Glare.

Will the proposal produce new light or glare?

8. Land Use:
fll the proposal result in a substantial alteration
of the present or planned land use of an area?

9. Natural Resources.

Will the proposal result in:
a. Increases in the rate of use of any
natural resources?
b. Substantial depletion of any non-renewable
natural resource?

10. Risk of Upset.

Will the proposal involve:
a. A risk of an explosion or the release of
hazardous substances (including, but not
limited to, off, pesticides, chemicals,
or radiation) in the event of an accident
or upset conditions?
b. Possible interference with an emergency
response plan or an emergency evacuation plan?
X
X
X
X
PAGE3 2026

11. Population.

Will the proposal alter the location,
I
distribution, density, or growth rate of the
human population of an area?

12. Housing.

Will the proposal affect existing housing,
or create a demand for additional housing?

13. Transportation/ Circulation.

Will the proposal result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for new parking?
c. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns of circulation
or movement of people and/or goods?
e. Alteration to water-borne, rail or air traffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?

14. Public Services.

Will thc proposal have an effect upon, or result
in a need for new or altered governmental
services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
Maintenance of public facilities,
including roads?
f. Other governmental services?

15. Energy.

Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon
existhlg sources of energy, or require
the development of new sources of energy?
X
X
X
X
X
x
PAGE4 2027

16. Utilities.

Will the proposal result in a need for new
systems, or substantial alterations to the
following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?

17. Human Health.

Will the proposal resalt in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health hazards?

18. Aeath~ies.

Will the proposal result in the obstruction of any
scenic vista or view open to the public, or will
the proposal result i~ the creation of an
aesthetically offensive site open to public view?

19. Recreation.

Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities?

20. Cultural Resources.
a. Will the proposal result in the alteration
of or the destruction of a prehistoric or
historic archaeological site?
b. Will the proposal result ia adverse physical or
aesthetic effects to a pre-historic or historic
building, structure or object?
c. Does the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values?
d. Will the proposal restrict existing religious or
sacred uses within the potential impact area?
X
X
X
PAGE5
2028

21. Mandator~ Findings o f Significance.
a. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self sustaLning
levels, tbreatcn to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
b. Does the project have the potential to achieve
short-term, to the disadvantage of
long-term, environmental goals? (A
short-term impact on the environment is one
which occurs in a
relatively brief, definite
period of time while long-term impacts will
endure well into the future).
c. Does the project have impacts which are
individually limited, but cumulatively
considerable? ( A project may impact on
two or more separate resources where the
impact on each resource is relatively small,
but where the effect of the total of those
impacts on the environment is significant.)
e. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, alther directly or
indirectly?
C. DISCUSSION OF ENVIRONMENTAL EVALUATION ATTACHMENT " A" D. DETERMINATION
To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED.

I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that as a result of the proposed project no new effects could occur, or new mitigation measures would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 90020160). The Environmental Impact Report prepared for the City of Visalia Land Use Element ( Amendment No. 90 04) was certified by Resolution No. 91-105 adopted on September 3, 1991. THE PROGRAM ENVIRO~qMENTALn IMff_ ACT REPORT WILL BE UTILIZED.

SIGNA~R~ ~/~ DATEI[
310/~/~

CITY OF VISALIA
X
AMD \E:\LOTD ATA \PLANN ING\CL MASTER WK 1
PAGE 6 2029
ATTACHMENT "A"
Environmental Document// 1893-
Savannah Heights Tentative Subdivision Map
and Conditional Use Permit No. 93-10
Earth
b. Disruption, compaction or overcovering of the soil?
Exhibit " B", illustrates the topographic conditions of the subject site and surrounding area. Project development will require some movement of earth resulting in disruption and compaction of soils. Existing topography may also be altered to accommodate development; however, this is determined not to be significant. Compliance with city codes and ordinances will reduce impacts to an acceptable level.

Air
b. Substantial air emissions or deterioration of ambient air quality ? The proposal will facilitate only rural residential development as designated by the Visalia General Plan. During the construction phase of the project, grading activities may result in suspended dust particles, particularly under windy conditions. This short-term potential impact can be mitigated with on-site dust suppression measures, as recommended by the San Joaquin Valley Air Pollution Control District (SJVAPCD).

The installation of fireplaces and barbecues is common for new residential development. These facilities may be deleterious to the air quality. The SJVAPCD recommends as mitigation measures, that EPA-certified, lowemitting fireplace inserts and/or wood stoves or natural gas fireplaces be utilized. It is further recommended that natural gas or electrical outlets to backyard areas of residences be provided to encourage the use of natural gas or electric barbecues.

Residential development is also considered an indirect source of automobile emissions. However, the number of additional vehicular trips generated by the project is not expected to significantly increase the current level of emissions on a local or regional basis.

Attached Exhibit "C" is an air quality analysis summary projection. This projection was developed through the use of AQUAT-3 (URBEMIS3) computer modeling for air quality which is a recognized tool of the California Air Resources Board. This projection was based upon development of 53 singlefamily residences. Although the URBEMIS3 identified impact of the project's emissions is not expected to be significant when compared with the current total emissions in Visalia and the San Joaquin Valley, the potential long-term 2030
cumulative impact of this project and other growth-related projects is a further deterioration of local and regional air quality. In order to address the problem of deteriorating air quality, the California Air Resources Board has established ambient air quality standards which regional air pollution control districts are expected to attain with transportation control measures, such as ride-sharing and circulation improvements.

Water
Changes in absorption rates, drainage patterns or the rate and amount of surface runoff?.

Rural residential development will increase the rate and amount of run-off.

Project design includes atemporary storm water detention pond for peak storm periods and a permanent storm drainage retention pond. Compliance with city development standards will reduce impacts to an acceptable level.

Plant Life
d. Reduction in acreage of any agricultural crop?
The site contains 35 acres of agricultural land. The loss of acreage has been determined to be insignificant as the project is a portion of a phased development and is designated for rural residential development and lies within the urban development boundary established in the Land Use Element of the General Plan.

Animal Life
d. Deterioration to existing fish or wildlife habitat?
The Persian Ditch, which is an identified Community Waterway, abuts the subject property along the eastern property line. A 50-foot dedication to the City of Visalia along the Persian Ditch is a required mitigation measure for projects impacting Community Waterways. This area is to be utilized as a riparian development setback. Potential impacts are anticipated to be reduced to a level of being not significant.

Noise
a. Increases in exisHng noise levels?
Construction activities associated with residential development generally cause temporary increases in the ambient noise level which could periodically be severe if not properly mitigated. Because construction activities will be shortterm and intermittent and are generated on weekdays between 7:00 a.m. and 7:00 p.m., the impacts are normally considered acceptable. b. Exposure ofpeople to severe noise levels?
Although the project site is located within close proximity to the Visalia Municipal Airport area of influence, the site is not within the area of adopted Community Noise Equivalent Level ( CNEL) maximum for residential development.
2031
2032
2033
2034
2035
Shirk Road is a two lane road with telephone poles on the east side of the road and very large oak trees on both sides of the road (from Walnut Avenue to Highway 198). There is already so much traffic up and down this road and it is getting dangerous. A large home subdivision here will even make this problem worse. Roeben would also be congested with Central Valley Christian Schools being already around the corner (buses, parents, students, and staff) and the retirement subdivision.

Wildlife coming from across Shirk (east to fields that are supposed to be where new home division is going in) will suffer dramatically and possibly make them extinct in this area. It is very common for us to see a Grey Fox and cubs at dawn, dusk, and night. They walk on the fence line and come into my yard. They are part of this environment and ecosystem.

Also, many Great Horned and Barn Owls come out and are visible at dusk and night. Peacocks are also in this area, as well as Red Tailed Hawks that perch up in the oak trees in the proposed open field. We routinely see opossums (possums) in the open property during dusk and night. I’ve also seen skunks wandering in the open field where the subdivision is supposed to be going in.

What happens to this wildlife now? Who is going to lobby for them? They were here way before us. We would hope that you take into consideration their natural habitat, which is where this supposed subdivision is proposed.

Sincerely,
Jim & Carmen Martinez
1548 South Shirk Road
Visalia, CA 93277
2036
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2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
General Plan
Land Use Map
S Roeben St
S Shirk Rd
W Walnut Ave
W Judy Ave
S Tommy St
Molenstraat
W Harter Ave
S Shirk St
W Judy Ct
W Tulare Ave
W Tempe Ave
W Howard Ct
S Savannah St
W Paradise Ave
S Augusta Ct
W Cambridge Ave
W Iris Ct
W Vassar Ave
S Shenandoah St
S Anthony St
W Feemster Ct
W Dartmouth Ave
W Harter Ct
S Cottonwood St S Tommy Ct
S Anthony Ct
Brussels Ct
S Jacques Ct
S Savannah Ct
Hampton Ct
W Walnut Ave
S Tommy Ct
S Savannah St
Vicinity Map
Dinuba RigginMooney CourtDemareeMain
Walnut
Goshen
Houston
Noble Lovers Lane
Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Conservation
Commercia Mixed Use
Commercial Neighborhood
Public Institutional
Parks/Recreation
Reserve
Residential High Density
Residential Low Density
Residential Medium Density
Residential Very Low Density

CITY LIMITS
Project Site
0 0.05 0.1 0.2 Miles
2060
Zoning Map
Hwy 198
S Roeben St
S Shirk Rd
W Noble Ave
S Shirk St
W Tulare Ave
W Walnut Ave
S Jacques St
W Judy Ave
S Teddy St
W Judy Ct
W Hillsdale Ave
S Tommy St
W Tempe Ave
W Mary Ave
Molenstraat
W Howard Ct
W Harter Ave S Savannah St
SW Cottonwood Cir
S Augusta St
W Cambridge Ave
W Cypress Ave S Peppertree St
S Augusta Ct
W Mary Ct S El Cajon Ct
W Mineral King Ave
W Vassar Ave
W Laura Ave
W Ashland Ave
W Laura Ct
W Ashland Ct
W Harter Ct
W Burrel Ct
W Vassar Ave
W Walnut Ave
W Noble Ave
W Harter Ave
W Mary Ave
W Judy Ct
S Shirk St
Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
AP Airport
.

C-MU Mixed Use Commercial
O-PA Professional / Admin Office
QP Quasi-Public
OS Open Space
R-1-20 Single-family Residenital
R-1-5 Single-family Residenital
County Areas
Project Site
0 0.07 0.15 0.3 Miles
2061
Aerial Map
S Roeben St
S Shirk Rd
W Walnut Ave
W Judy Ave
S Tommy St
Molenstraat
W Judy Ct
W Harter Ave
S Shirk St
W Tulare Ave
W Tempe Ave
W Howard Ct
W Paradise Ave
S Savannah St
S Augusta Ct
W Cambridge Ave
W Iris Ct
W Vassar Ave
S Shenandoah St
S Anthony St
W Feemster Ct
W Dartmouth Ave
W Harter Ct
S Cottonwood St S Tommy Ct
Brussels Ct
S Jacques Ct
S Savannah Ct
Hampton Ct
W Walnut Ave
S Tommy Ct
S Savannah St

PERSIAN

S FORK PERSIAN
WATSON
Vicinity Map
Dinuba RigginMooney DemareeMain
Walnut
Goshen
Houston
Noble
Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Project Site
0 0.05 0.1 0.2 Miles
Legend
Street Names

WATERWAYS

CITY LIMITS

PARCELS
Aerial Map
RGB
Red: Band_1
Green: Band_2
2062
Vicinity
S Roeben St
S Shirk Rd
W Walnut Ave
W Judy Ave
S Tommy St
S Shirk St
Molenstraat
W Harter Ave
W Judy Ct
W Tulare Ave
W Tempe Ave
W Howard Ct
W Paradise Ave
S Augusta Ct
W Cambridge Ave
W Iris Ct
S Savannah St
W Vassar Ave
S Shenandoah St
W Laura Ave
S El Cajon Ct
S Anthony St
W Feemster Ct
W Dartmouth Ave S Anthony Ct
S Augusta St
W Harter Ct
S Cottonwood St S Tommy Ct
Brussels Ct
S Jacques Ct
S Savannah Ct
Hampton Ct
W Cambridge Ct
W Walnut Ave
S Tommy Ct
S Savannah St

PERSIAN
WATSON

S FORK PERSIAN
Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Project Site
0 0.05 0.1 0.2 Miles
2063

CITY OF VISALIA

CITY COUNCIL
September 16, 2024
2064

ELLIOTT SUBDIVISION APPEAL & ANNEXATION
Request: City Council conduct a public hearing and
consider the following actions:
 Appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597.
 Initiation of Proceedings for Annexation No. 2024-01.  Adoption of Initial Study / Mitigated Negative Declaration No. 2024-05 for the Annexation and Elliott Tentative Subdivision Map.
 Authorize detachment from County Service Area No. 1.
 Authorize the City Manager to enter into a Pre-Annexation Agreement.
2065

STAFF RECOMMENDATION
City Council take the following actions:
 Deny the appeal and uphold the Planning Commission’s
approval of Elliott Tentative Subdivision Map No. 5597.  Approve the Initiation of Proceedings for Annexation
No. 2024-01.
 Adopt Initial Study / Mitigated Negative Declaration No. 2024-05.
 Authorize detachment from County Service Area No. 1.
 Authorize the City Manager to enter into a PreAnnexation Agreement. 2066
S
HIR
K
R
O
E
B
E
N
WALNUT

CENTRAL VALLEY

CHRISTIAN

PERSIAN
DITCH
TULARE

PROJECT
SITE
2067
S
HIR
K
R
O
E
B
E
N
WALNUT

CENTRAL VALLEY

CHRISTIAN

PERSIAN
DITCH
TULARE

PROJECT
SITE
2068
 Annex 59.13
acres into City
Limits.
 Divide into 225
single family
residential lots.
 5 outlots,
including 4.15
acre park.
 Developed in
two phases.

PROJECT DESCRIPTION
2069
S
HIR
K
R
O
E
B
E

TULARE N

CITY LIMIT

BOUNDARY

AREA TO BE

ANNEXED
2070
2071
2072

PLANNING COMMISSION MEETING
 July 22 & August 12, 2024.
 Public comment received citing:

1. Impacts to traffic and wildlife;

2. Infringement, maintenance, & trespassing issues related to five-footwide strip of land.  Item 1 addressed via conditions/mitigation.
 Staff directed to research Item 2, applicant directed to contact affected property owners of 5 ft. strip.

PROPERTY & CITY

LIMIT BOUNDARY

EXISTING

BLOCK WALL

PROJECT
SITE
2073
PLANNING COMMISSION MEETING, CONT.
 Savannah Heights subdivision approved April 1993.
 Agricultural buffer conditions:
 Installation of 6-ft, 8-in-tall block wall, setback 5 ft. behind northern property boundary, maintained by homeowners.
 Condition did not address “buffer area” removal in
future.
2074
PLANNING COMMISSION MEETING, CONT.
 SJVH met with property owners July 2024.
 Two proposals:
 Lot Line Adjustment;
 Shared payment for construction of new block wall.
 Response mixed, most in favor of SJVH paying full
cost for new block wall ($132,110).
 Per SJVH full payment of block wall would pose an
undue burden.
 No agreement reached, no alternatives provided.
2075
 Staff conclusions:
 SJVH made a good faith effort to resolve issue.
 Cooperation/acquisition of properties cannot be compelled by City or SJVH.
 No VMC requirement for block wall between R-1-5 zoned properties.
 Planning Commission action:
 Found that the project complied with General Plan, State Housing Law, Zoning, and Subdivision Ordinances
 Approved Elliott Tentative Subdivision Map No. 5597.
 Recommended approval of Annexation No. 2024-01 to City Council.

PLANNING COMMISSION MEETING, CONT.
2076

APPEAL OF SUBDIVISION APPROVAL
 Appeal filed August 21, 2024 by six Savannah
Heights property owners.
 Appellants state that failure to address the five foot “buffer area” creates a hazard.
 Development of subdivision will leave a 5 ft. by
1,200 ft. “No Mans Land” that will be difficult for
emergency personnel to access.
 The appeal requests that the City address the issue.
 No opposition to the overall annexation/subdivision
request is stated in the appeal.
2077

LAND USE, ZONING, CEQA
 Within Tier II UDB (LU-P-21)
 3.8 units/acre density (LDR 2 – 10)
 Compatible with subdivisions to south and
east.
 Subject to:
 Ag. Preservation Ordinance.
 Airport Land Use Plan noise requirements.
 Oak Tree Preservation Ordinance.
 CEQA Mitigation Measures
2078

STREETS IMPROVEMENTS
 Improvements to Collectors/Arterials:
 Roeben – 42 ft. dedication/widening
 Tulare – 42 ft. dedication/construction
 Shirk – Up to 55 ft. dedication/widening
 Will pay traffic impact fees for future signalization projects:
 Intersections part of CIP.
 Shirk/198 projects funded by late 2024, begin Fall 2025.  Shirk/Walnut project funded, begin January 2026.
2079

PUBLIC COMMENT
 Letters received from Jim & Carmen Martinez.
 Impacts to traffic and wildlife;
 Subdivision infringes on a prescriptive easement for a fence that encroaches into the project site.
 Request single-story limitation on homes along the
southern border of the project site.

PROPERTY

BOUNDARY

EXISTING
FENCE

PROJECT
SITE

MARTINEZ
SITE
 Traffic/wildlife impacts
addressed by mitigation.
 Fencing issues are a civil
matter.
 Height limitation not
appropriate per R-1-5
zone. 2080

STAFF RECOMMENDATION
Staff recommends the City Council:
 Deny the appeal and uphold the Planning Commission’s
approval of Elliott Tentative Subdivision Map No. 5597.  Approve the Initiation of Proceedings for Annexation
No. 2024-01.
 Adopt Initial Study / Mitigated Negative Declaration No. 2024-05.
 Authorize detachment from County Service Area No. 1.
 Authorize the City Manager to enter into a PreAnnexation Agreement. 2081
2082
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HIR
K
R
O
E
B
E

TULARE N

CITY LIMIT

BOUNDARY

AREA TO BE

ANNEXED
2083
2084
2085
2086
2087
2088
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0356 Agenda Date: 9/16/2024 Agenda #: 3.

Agenda Item Wording:

Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s approval of a request by the City of Visalia, pursuant to Municipal Code Section

17.38.040, to revoke Conditional Use Permit No. 2019-27, which allowed the operation of a massage therapy business at 500 South Santa Fe Street, located in the O-C (Office Conversion) zone (APN:
097-121-023).

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] < mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2024-50 denying the appeal and upholding the Planning Commission’s revocation of Conditional Use Permit No. 2019-27.

Summary:

On August 12, 2024, the Planning Commission held a public hearing to consider the revocation of Conditional Use Permit No. 2019-27. A summary of the 2019 Conditional Use Permit is provided below. The revocation request was based on several violations that have occurred on the property as described below. At the conclusion of the public hearing, the Planning Commission approved the revocation by a 5-0 vote.

Background Discussion:

Conditional Use Permit (CUP) No. 2019-27, originally approved by the Visalia Planning Commission on September 9, 2019, was a request by Yuzhen Yang to establish a massage therapy business within an existing office building at 500 South Santa Fe Street, in the O-C (Office Conversion) Zone.

The applicant stated that one employee would provide body and foot massage services during the hours of 9:00 a.m. to 9:00 p.m., Monday through Sunday. The applicant also provided a floor plan denoting the proposed use of each room (i.e., massage rooms, break rooms, and lounge areas). The request was approved with Conditions of Approval requiring compliance with the submitted exhibits, and removal and/or permitting of fencing and a storage container on the project site. The Planning Commission staff report, and approval resolution can be found in Attachment 7 of this report.

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File #: 24-0356 Agenda Date: 9/16/2024 Agenda #: 3.

Planning Commission Hearing:

The Planning Commission conducted a public hearing on August 12, 2024, for the revocation of Conditional Use Permit No. 2019-27. Public testimony in opposition to the revocation request was received from Roger Wilson, attorney for the current business owner. Mr. Wilson stated that the business owner could not comply with conditions of approval to remove and/or permit the fencing and storage container onsite since, as the tenant, they did not have authority to relocate structures. Mr.

Wilson also noted that the City had neglected to compel compliance by applying civil penalties at its disposal, instead opting for more drastic measures to remedy the violations. Mr. Wilson further stated that building issues, such as construction of a shower without a Building Permit, had already been rectified through removal of the non-compliant structure. Lastly, Mr. Wilson stated that the City did not provide an interpreter during the onsite inspection, which made compliance with City requirements difficult due to the language barrier. Mr. Wilson requested that the City not revoke the CUP and instead apply civil penalties and conduct more frequent inspections, similar to practices conducted by the City of Fresno.

Staff recommended approval of the revocation request based on the findings from the June 7, 2024, onsite inspection, and the City Council’s recent adoption of an Urgency Ordinance for massage uses.

At the conclusion of public testimony and deliberations, the Planning Commission approved the request to revoke Conditional Use Permit No. 2019-27 by a 5 to 0 vote.

Appeal:

On August 19, 2024, staff received an appeal of the Planning Commission’s revocation of Conditional Use Permit No. 2019-27. The appeal, filed by the applicant attorney Roger Wilson, is included as Attachment No. 1. Wilson notes that compliance with CUP conditions of approval related to onsite fencing and a storage container were the responsibility of the property owner, and that the violations discovered at the June 7, 2024, onsite inspection did not warrant revocation. No other arguments were provided nor supporting documents filed with the appeal.

Responses to the appellants claims are documented in the “Request for Revocation of Conditional Use Permit No. 2019-27” section of this report.

Request for Revocation of Conditional Use Permit No. 2019-27:

On August 12, 2024, staff presented to the Visalia Planning Commission a request to revoke CUP No. 2019-27 in response to violations of the terms and conditions of the CUP and Municipal Code (VMC) provisions for the massage therapy establishment located at 500 South Santa Fe Street. On June 21, 2024, a Notice of Conditional Use Permit Suspension letter (Attachment 2) was sent via certified mail to both the property owner and business operator informing them that the CUP was to be suspended and a public hearing set to determine if the conditional use permit should be revoked.

No contacts have been received from the property owner as of the date of this report.

Staff shared findings from a June 7, 2024, site inspection of the massage establishment conducted by Neighborhood Preservation Division officers. During the inspection, it was observed that the massage establishment owner or employee conducted unpermitted construction work within the premises, installing a shower and related plumbing without a Building Permit. It was also observed that two massage beds appeared to be set up for personal use, with bedding, pillows, and adjacent nightstands for personal item storage. Personal effects, such as undergarments, were also observed hanging from the makeshift shower. The facility also contained kitchen items in areas outside of the designated break room, such as cutting boards with food scraps, plastic wrap, bowls, liquid containers, and crock pots. Based on the type of items found on the site, City staff concluded the owner or employees were also living in the commercial suite where the massage establishment is Visalia City Council Page 2 of 5 Printed on 9/13/2024
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File #: 24-0356 Agenda Date: 9/16/2024 Agenda #: 3.
owner or employees were also living in the commercial suite where the massage establishment is located. The commercial suite is not intended for human habitation and did not meet housing requirements. Unsafe conditions were also observed onsite. Specifically, staff noted that the unpermitted shower unit was sitting atop a wooden pallet with electrical cords from a lamp and washing machine strewn in and around the shower. Photographs taken during the inspection depicting the above conditions are provided in Attachment 4.

During the June 7, 2024, site inspection, Neighborhood Preservation staff also discovered that massage establishment employees working onsite where not in compliance Business Tax regulations pertaining to massage establishments. Specifically, massage establishment employees were found not to have registered a Business Tax Certificate with the City of Visalia Business Tax Division, nor maintained active California Massage Therapy Council (CAMTC) certifications. CAMTC certifications were also not displayed onsite. The massage establishment owner or employee also did not properly mount fire extinguishers, nor maintain fire and carbon monoxide detectors onsite. Lastly, Neighborhood Preservation staff observed that the massage establishment owner or employee were operating the use in violation of conditions of approval applied to the CUP. Specifically, an unpermitted sea train container on the premises was not removed prior to operation, and Building Permits where never obtained for an unpermitted gate and fencing onsite.

The violations and applicable sections of the VMC presented by staff to the Planning Commission are cited below, with the full text of the code sections available to view in Attachment 5. · Zoning/CUP Violations (VMC Title 17, CUP No. 2019-27):
o Failure to obtain a Building Permit for an unpermitted gate and fencing (CUP Condition No. 4 required, “That prior to operation of the massage parlor use the applicant shall obtain a Building Permit for the metal gate and fencing…”). o Failure to remove an unpermitted sea train container located on the premises (CUP Condition No. 5 required, “That the applicant shall remove the existing storage container from the project site prior to operation of the massage parlor use.”). o Failure to comply with all applicable federal, state, and city laws, codes and ordinances (CUP Condition No. 8 required, “That all applicable federal, state, and city laws, codes and ordinances be met.”).
o Use of a commercial building for residential purposes without issuance of a CUP, which was required at the time of the original CUP’s approval on September 9, 2019 (VMC

17.25.030, Line R27).
· Building and Fire Code Violations (VMC Title 15):
o Construction of a shower and installation of plumbing on the premises without a Building Permit (VMC 15.08.010, 15.20.010, 15.28.010).
o Use of a commercial building for residential purposes without proper permits for its conversion (VMC 15.08.010, 15.20.010, 15.24.010, 15.28.010). o Improper storage/mounting of fire extinguishers (VMC 8.20.010). o Lack of smoke and carbon monoxide detectors on the premises (VMC 8.20.010,

15.080.010).
· Business Regulation Violations (VMC Title 5):

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File #: 24-0356 Agenda Date: 9/16/2024 Agenda #: 3.
o Noncompliance with all applicable City codes (VMC 5.68.060). o Unregistered massage employee working onsite (VMC 5.68.100.B). o Massage employee lacking California Massage Therapy Council (CAMTC) certification (VMC 5.68.040.A, B, 5.68.080, 5.68.100.C).
o CAMTC certifications not displayed in a prominent location onsite (VMC 5.68.070,

5.68.100.D).

Staff reported that as a result of the above violations, the business was posted with a Cease-andDesist order on June 7, 2024, and ordered to cease operations until it came into compliance with applicable legal requirements. A copy of the Cease and Desist is provided as Attachment 3.

Fiscal Impact: None.

Prior Council Action:
· On April 23, 2024, the City Council adopted Urgency Ordinance No. 2024-05, an interim ordinance adopted as emergency measures to regulate the location and operational requirements for massage establishments, citywide.
· On June 3, 2024, the City Council extended the period in which Ordinance No. 2024-05 would be in effect, up to 22 months and fifteen days after the date of approval.

Committee/Commission Review and Action:

On August 12, 2024, the Planning Commission approved revocation of Conditional Use Permit No. 2019-27, by a vote of 5 to 0.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Planning Commission’s revocation of Conditional Use Permit No. 2019-27 per Resolution No. 2024-50.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Uphold the appeal and deny revocation of Conditional Use Permit No. 2019-27, allowing the Conditional Use Permit approval to remain in place;

2. Refer the matter back to Planning Commission for further evaluation; or

3. Continue the matter to a future City Council hearing.

CEQA Review: None.

Attachments:
· Resolution No. 2024-50 denying the appeal and upholding the Planning Commission’s revocation of Conditional Use Permit No. 2019-27
· Attachment 1 - Appeal by Roger Wilson, Attorney
· Attachment 2 - Notice of Conditional Use Permit Suspension Visalia City Council Page 4 of 5 Printed on 9/13/2024
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· Attachment 3 - Cease and Desist Letter
· Attachment 4 - June 7, 2024, Site Pictures
· Attachment 5 - Visalia Municipal Code Applicable Chapters, Massage Urgency Ordinance, and Conditional Use Permit No. 2019-27 Conditions of Approval · Attachment 6 - August 12, 2024 Revocation of Conditional Use Permit No. 2019-29 Planning Commission Staff Report and Resolution No. 2024-47
· Attachment 7 - September 9, 2019 Conditional Use Permit No. 2019-27 Planning Commission Staff Report and Resolution No. 2019-51
· Aerial Map
· Location Map
· PowerPoint Presentation
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RESOLUTION NO. 2024-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S

APPROVAL OF A REQUEST BY THE CITY OF VISALIA, PURSUANT TO MUNICIPAL CODE SECTION 17.38.040, TO REVOKE CONDITIONAL USE PERMIT NO. 2019-27, WHICH ALLOWED THE OPERATION OF A MASSAGE THERAPY BUSINESS AT 500

SOUTH SANTA FE STREET, LOCATED IN THE O-C (OFFICE CONVERSION) ZONE (APN: 097-121-023).

WHEREAS, Conditional Use Permit No. 2019-27 was a request to allow a massage therapy establishment in the Office Conversion (O-C) zone located at 500 South Santa Fe Street (APN: 097-121-023); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on September 9, 2019, and found the Conditional Use Permit No. 2019-27, as conditioned, to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, on June 7, 2024, Code Enforcement Officers with the Neighborhood Preservation Division conducted a site inspection of the massage establishment located at 500 South Santa Fe Street as part of its program of compliance inspections for massage therapy uses, and upon inspection of the business found violations of Visalia Municipal Code Chapters 5.68, 8.20, 15.08, 15.20, 15.24, 15.28, 17.25, 17.38, violations of City Council Urgency Ordinance No. 2024-05, and violations of Conditional Use Permit No. 2019-27 conditions of approval. A Cease-and-Desist order was issued and posted on the business door and the business was ordered to cease operations until further notice; and
WHEREAS, on June 21, 2024, a Notice of Conditional Use Permit Suspension letter, pursuant to Section 17.38.040 of the Zoning Ordinance, was sent by certified mail to both the property owner and business operator informing them that the conditional use permit is being suspended and a public hearing was being set to determine if the conditional use permit should be revoked; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on August 12, 2024; and WHEREAS, the Planning Commission of the City of Visalia considered the request for revocation of Conditional Use Permit No. 2019-27 in accordance with Sections

17.38.040, 17.38.080, 17.38.090, 17.38.100 and 17.38.110 of the Zoning Ordinance of the City of Visalia and approved the revocation request; and WHEREAS, an appeal of the Planning Commission’s approval of the revocation of Conditional Use Permit No. 2019-27 was received on August 19, 2024, stating that the violations did not warrant revocation of the Conditional Use Permit; and 2094
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on September 16, 2024; and, WHEREAS, the City Council of the City of Visalia has considered the appeal of the revocation of Conditional Use Permit No. 2019-27 in accordance with Sections 17.38.040,

17.38.080, 17.38.090, 17.38.100 and 17.38.110 of the Zoning Ordinance of the City of Visalia; and
WHEREAS, the City Council of the City of Visalia finds the owner/operator of said massage therapy establishment to be in violation of the terms and conditions of approval of the Conditional Use Permit based on the evidence contained in the staff report and testimony presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the massage establishment is in violation of Conditional Use Permit No. 2019- 27, Title 5 Business Regulations Chapter 5.68 “Massage Establishments” of the Visalia Municipal Code, and state and local regulations.

2. That continuing to allow a massage establishment under the current Conditional Use Permit may have a negative impact on surrounding businesses and neighborhood due to the repeated failures of massage establishments at this location to meet applicable requirements.

3. That the Notice of Conditional Use Permit Suspension was issued by the City of Visalia on June 21, 2024, pursuant to Section 17.38.040 of the Zoning Ordinance.

BE IT FURTHER RESOLVED that the City Council upholds the Planning Commission’s decision and denies the appeal, on the real property herein above described in accordance with Chapter 17.38.130 of the City of Visalia Municipal Code. 2095
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VISALIA MUNICIPAL CODE
CHAPTER 5.68 – Massage Establishments

5.68.010 Declaration of purpose and intent.

A. This chapter establishes permitting standards intended to comply with California law and establish health and safety guidelines for massage establishments.

B. This chapter is not intended to be exclusive and compliance will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety code laws and regulations applicable to professional or personal services businesses.

C. This chapter establishes a local regulatory system that allows only state certified massage therapists and massage practitioners to operate within the city. This chapter is not intended to regulate massages that are not part of a business occupation. This chapter is also intended to allow a transitional period for certain existing massage practitioners to continue practicing while they obtain state certification before December 31, 2013, and to coordinate the timing of the city's business license renewals with the state massage certification process. (Ord. 2012-05 § 2 (part), 2012)

5.68.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in the Visalia Municipal Code, the California Business and Professions Code, or the California Government Code.
"California Massage Therapy Council (CAMTC)" means the California Massage Therapy Council created pursuant to California Business and Professions Code § 4500.5(a). "Certified massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC, and who administers massage for compensation.
"Certified massage therapist" means a person who is currently certified as a massage therapist by the CAMTC, and who administers massage for compensation.
"City" means the city of Visalia.
"Police chief" means the police chief of the city of Visalia or the authorized representatives thereof. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. (Exclusions to this chapter are also described in Section 5.68.110. This chapter is not intended to regulate massages that not part of a business occupation.)
"Massage establishment" means and includes any business enterprise or establishment, parlor, or any room, place or institution within a business establishment where massage is given or administered by a massage technician as a paid service.
"Massage technician" means any person, who gives, performs or administers to another person a massage for any form of consideration.
"Out-call massage service" means any business that provides, refers or otherwise facilitates massage for any consideration at a nonfixed location.
"Person" means and includes person(s), firms, corporations, partnerships, associations or other forms of business organization or group.
"Recognized school" means a school of massage, recognized by the state of California which: (i) teaches the theory, ethics, practice, profession and work of massage; and (ii) requires a residence course of study to be given and completed before the student is furnished with a diploma or certificate of learning or completion; and (iii) has been approved by the state of California Consumer Affairs Bureau pursuant to Education Code § 94915, or, if said school is not located in California, has complied with the standards commensurate with those specified in said § 94915, or a school of equal or greater training that is approved by the corresponding agency in another state, or accredited by an agency recognized by the United States Department of Education.

Attachment “D”
2111
"Specified anatomical areas" means and includes any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola. "Specified sexual activities" means and includes all of the following:

A. Fondling or other erotic touching of specified anatomical areas; B. Sex acts including, without limitation, intercourse, oral copulation, or sodomy; C. Masturbation; or
D. Excretory functions as part of or in connection with any specified sexual activity listed in this definition. "Unrecognized school" means any school of massage that does not meet the definition of "recognized school" but teaches or purports to teach the theory, ethics, practice, profession or work of massage. (Ord. 2012-05 § 2 (part), 2012)

5.68.030 Administration.

The chief of police is authorized to administer this chapter and to promulgate administrative policies and procedures required to implement the regulations set forth in this chapter. (Ord. 2012-05 § 2 (part), 2012)

5.68.040 Certifications required.

A. Massage establishment. It is unlawful for any person to own, operate or maintain a massage establishment unless all massage technicians employed by the massage establishment hold a current, valid certification from the CAMTC as a massage practitioner or massage therapist or qualify under the limited exceptions described in this chapter.

B. Massage technician. It is unlawful for any person to engage in, or carry on, the business or activities of a massage technician without a certification from the CAMTC as a massage practitioner or massage therapist or qualify under the limited exceptions described in this chapter.

C. Out-call massage service. It is unlawful for any person to own, operate, or maintain, an off-premise massage service in the city unless all massage technicians employed by the off-premises massage service hold a current, valid certification from the CAMTC as a certified massage practitioner or certified massage therapist or qualify under the limited exceptions described in this chapter.

D. The city recognizes that some massage therapists and massage practitioners currently practicing in Visalia may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements particularly changes in requirements concerning hours of schooling although the person has been in practice for a significant period. The city will therefore allow such persons that were working within Visalia prior to the passage of this chapter under this "grandfather exception" without certification from the CAMTC if the requirements stated below are met.

The person seeking this exemption must show to the satisfaction of the city police department that he or she worked as a massage therapist or massage practitioner in the city prior to July 1, 2012, which is after the effective date of this chapter. The person must also provide evidence to the city that he or she has certification or proof of training in the field from a school or another entity comparable to the CAMTC and has been working as a massage therapist or massage practitioner for a period of at least five (5) years. Finally, the person must provide evidence that they attempted to obtain certification from the CAMTC but were denied and provide the reasons for the denial to show despite their existing training and experience they were not able to qualify for certification from CAMTC.

Persons that are granted an exemption from the CAMTC certification requirement by the city will still be required to meet all other terms of this chapter including but not limited to the background check required of massage establishment owners that are not certified by the CAMTC. All persons under this exemption will be required to display, in the same manner this chapter requires the display of CAMTC certification, a separate statement from the city to show that the person has met the requirements of this exemption. This exemption must be renewed annually and the city may establish a non-refundable fee to recover costs associated with such annual renewals.
(Ord. 2012-05 § 2 (part), 2012)

5.68.050 Massage establishment owner background check required.

A. Any person, association, partnership, or corporation desiring to operate a massage establishment, that will own five percent (5%) or more of the massage establishment, and that is not a certified massage practitioner or certified massage therapist, (meaning certified by the CAMTC) must make an application to the chief of police for an investigation of the applicant's background and history. A fee to recover costs of the background check 2112
must accompany the submission of each application. An annual nonrefundable renewal fee may also be charged to defray associated costs of investigation, inspection and enforcement.

B. Each applicant for a background check must submit the following information:

1. The full true name and any other names used by the applicant.

2. The present address and telephone number of the applicant.

3. Driver's license number and Social Security number.

4. The proposed address of the massage establishment.

5. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates for such address.

6. Written proof that the applicant is at least eighteen (18) years of age.

7. Applicant's height, weight, and color of eyes and hair.

8. Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within four (4) months preceding the date of the application.

9. Applicant's business, occupation and employment history for the five (5) years immediately preceding the date of application.

10. The business license or permit history of the applicant, including whether such applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation.

11. All criminal convictions for any of the offenses set forth in this chapter, and a statement of the dates and places of such convictions.

12. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one (1) or more partners is a corporation, the provisions of this section pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one (1) of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one (1) application fee will be charged.

13. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property is required for each massage establishment permit location.

14. The full true names and other names used, the present addresses and telephone numbers, driver's license numbers, and Social Security numbers, and state certificates from the CAMTC or transitional licenses for all massage technicians who will be working as employees or independent contractors at each massage establishment permit location. The applicant must provide the chief of police with any changes in the massage technicians that work at the massage establishment during the permit period within ten (10) working days of each change.

15. The chief of police may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.

16. Such other identification and information as may be required by the chief of police in order to verify the information to be included in the application.

C. The city is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the police department, fire department, building and safety division, planning division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter. Upon completion of the inspection, the city representative must inform the chief of police in writing of the findings of the inspection. Background clearance will be issued, within sixty (60) days of receipt of the application, to any applicant who has furnished all of the information required by this section in the application for such license, provided all of the following apply:

1. The applicant has not made a material false statement in the application and that all massage technicians who will be working as employees or independent contractors at each massage establishment permit location possesses certification from the CAMTC as a massage practitioner or massage therapist; 2113

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or holders of five percent (5%) or more of the corporation's stock, has not, within five (5) years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: Penal Code §§ 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647(a, b, d); any offense requiring registration under Penal Code § 290 or Health and Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code §§ 11054 to 11058, as amended; or any offense in another state which, if committed in California, would have been punishable as one (1) or more of the heretofore mentioned offenses; or any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude;

3. The applicant, if an individual, is at least eighteen (18) years of age;

4. The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended within one (1) year or revoked within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.
(Ord. 2012-05 § 2 (part), 2012)

5.68.060 Additional requirements.

Before operating a massage establishment in the city, massage establishment owners must comply with all applicable codes adopted by the city, including, without limitation, the building, electrical, and plumbing codes.

Hours of operation. Massage establishments shall only offer massage services between the hours of 7:00 a.m. and 10:00 p.m. and no patrons for massage services shall be allowed on the premises after 10:00 p.m. or before 7:00 a.m. Pacific Standard Time.
(Ord. 2012-05 § 2 (part), 2012)

5.68.070 Display of permit.

Any owner of a massage establishment or off-premise massage service must display the CAMTC certificates for all massage technicians prominently in a conspicuous place, capable of being viewed by customers or city representatives, at every location where massage is performed or conducted.

For off-premise massage services, massage workers must also carry a copy of their CAMTC certificate and display it to customers upon request.

Any persons operating under the limited exception described in Section 5.68.040(D) must display the statement from the city documenting their exemption from the CAMTC certification prominently in a conspicuous place capable of being viewed by customers or city representatives, or carry it with them for off-premise massage services.
(Ord. 2012-05 § 2 (part), 2012)

5.68.080 Massage technician certificates required.

It is unlawful for owners of massage establishments or off-site massage services to allow any person to perform massage that is not a certified massage therapist, a certified massage practitioner, or has obtained one (1) of exceptions described in this chapter.
(Ord. 2012-05 § 2 (part), 2012)

5.68.090 Prohibited conduct.

A. It is unlawful for any massage technician or any other employee working in a massage establishment or for an out-call massage service, or customers, patrons, or guests of the establishment or service, to engage in any specified sexual activities upon the premises of the massage establishment or the off-premise massage location.

B. It is unlawful for any massage technician or other employee of a massage establishment to expose specified anatomical areas in the presence of any patron, customer, or guest.

C. In the course of administering the massage, it is unlawful for any massage technician or other massage establishment employee to make intentional physical contact with the specified anatomical areas of any customer, patron or guest.
(Ord. 2012-05 § 2 (part), 2012)
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5.68.100 Facilities and operations.

A. It is unlawful for any massage establishment to operate unless the massage establishment premises and operation comply with the following minimum requirements:

1. Signs. A readable sign must be posted at the main entrance identifying the establishment as a massage establishment, provided, however, that all such signs must otherwise comply with the sign requirements of this code.

2. Disinfection of instruments. Instruments used for massage must be disinfected before each use. Where instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.

3. Water. Hot and cold running water must be provided at all times.

4. Linen storage. Closed cabinets must be utilized for the storage of clean towels and linen. After use, towels and linen must be removed and stored in a separate container until laundered.

5. Sanitary conditions. All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the massage establishment must be kept in good repair and be maintained in a clean and sanitary condition.

6. Clean linen. Clean and sanitary towels and linens must be provided for patrons receiving massage services. No common use of towels or linens is permitted.

7. Compliance with laws. The premises to be used must at all times comply with all applicable state and local laws and regulations.

B. A register of all individuals employed as massage technicians, and copies of their current CAMTC certifications and massage technician business licenses, must be maintained and available for inspection at all times during regular business hours.

C. Each person present in any area of the massage establishment outside the waiting area or other areas open to any member of the public must be a certified massage practitioner or certified massage therapist or the massage establishment owner.

D. The permits and certifications required by this chapter must be displayed in an open and conspicuous public place on the premises.
(Ord. 2012-05 § 2 (part), 2012)

5.68.110 Exceptions.

This chapter does not apply to the following classes of individuals, and no CAMTC certification is required of such persons, while engaged in the performance of the duties of their respective professions:

1. Acupuncturists who are duly certified to practice their profession in the state of California.

2. Barbers, beauticians, and cosmetologists with respect to scalp massage, who are duly permitted pursuant to Business and Professions Code §§ 7301, et seq., in accordance with the limitations of their permits.

3. Persons employed or working at a licensed athletic facility.

4. Medical facilities in which massage is performed as prescribed treatment only on patients of the medical facility.

5. Nurses who are registered or certified as such under the laws of the state of California.

6. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly permitted to practice their respective professions in the state of California, or provide professional services in lawful compliance with Corporations Code § 13401(a).

7. Recognized schools of massage.

8. Businesses where a massage is performed while the person sits in a chair, such as head and neck massage, foot massage, or as part of a manicure or pedicure, and performed in public view or in a open common room.

9. Massage establishments or out-call massage services that are operating pursuant to a duly issued city business license that is issued prior to the effective date of this chapter shall have until December 31, 2013 to meet the state certification requirement described in Section 5.68.040 and any posting of such requirements detailed in other provisions.

10. This chapter is not intended to regulate massages that are not part of a business occupation. (Ord. 2012-05 § 2 (part), 2012)

5.68.120 Public nuisance abatement.

Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance. The city attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for abatement, removal or enjoinment of such 2115
massage establishment in the manner provided by law. The city attorney may seek a court order to grant such relief to abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. (Ord. 2012-05 § 2 (part), 2012)

5.68.130 Revocation.

A. Grounds for revocation. The police chief or city attorney may revoke approvals issued under this chapter for one (1) or more of the following grounds:

1. Fraud or deceit. That the applicant practiced fraud or deceit in obtaining an approval under this chapter;

2. Violation of chapter. That the massage establishment owner, operator, massage technician, or its employee violated a provision or provisions of this chapter;

3. Criminal conviction. That the massage establishment owner, operator, massage technician, or its employee has been convicted in a court of competent jurisdiction of any offense described in this chapter;

4. Improperly maintained facilities. That the facilities and operations of the massage establishment are not kept in compliance with this chapter and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified. For purposes of this subsection, "notice" means notice given personally, or by leaving notice at the massage establishment premises, or by first class mail, postage prepaid, to the address designated by the massage technician or establishment in accordance with this chapter;

5. Employment of uncertified technicians. That the massage establishment has employed, allowed or permitted an uncertified person to perform massage in the massage establishment;

6. Error. That the approval was issued in error;

7. Civil penalties. Assessment of three (3) or more civil penalties as provided by this chapter during any six (6) month period; or

8. Prohibited conduct. A massage establishment owner, operator, massage technician, or its employee or agent has been found to have engaged in prohibited conduct in violation of this chapter.

9. Notice of revocation. Upon a determination on the grounds to revoke an approval under this chapter, the police chief or city attorney must cause a notice of revocation to be mailed by first class, postage prepaid mail, to the address designated by the massage technician or establishment pursuant to this chapter. (Ord. 2012-05 § 2 (part), 2012)

5.68.140 Enforcement and penalties.

A. Any person violating any provision of this chapter is liable in a civil action brought by the city attorney for an amount up to $500 per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the city attorney in any civil proceeding filed to enforce this chapter. Each day that a violation continues may be considered a new and subsequent offense.

B. Alternatively the city may choose to enforce violations through the administrative code enforcement process described in Chapter 1.13 of the Visalia Municipal Code, with violations being punishable with a $100 fine for the first violation, a $200 fine for the second violation, and a $500 fine for the third and subsequent violations. Each day that a violation continues may be considered a new and subsequent offense.

C. Enforcing this chapter through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful. A civil or administrative action cannot be filed if the person is being criminally prosecuted.

D. The city attorney may settle any civil enforcement before or after to the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in this section. If such civil penalty is paid in full, the city attorney can agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action. Imposition of all civil penalties is public record. (Ord. 2012-05 § 2 (part), 2012)

5.68.150 Appeal.

After denial of an application for a massage establishment regulatory permit (the term permit includes the "grandfather exception" to CAMTC certification described in Section 5.68.040), or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may appeal the decision to the city manager, or designee, by filing a written notice with the city clerk within ten (10) business days from the receipt of the notice of denial. The city manager or representative shall hold a hearing on the appeal within thirty (30) business days from the receipt of the notice by the city clerk. The decision of the city manager, or designee, following the hearing shall be final and conclusive. There is no appeal to the City 2116
Council. If the denial, suspension or revocation is affirmed on review the applicant or permittee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The time for filing such action is governed by California Code of Civil Procedure § 1. (Ord. 2012-05 § 2 (part), 2012)

VISALIA MUNICIPAL CODE
Chapter 8.20 California Fire code

8.20.010 Adoption of the 2022 California Fire Code.

A. There is adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain document, not less than one copy is filed in the office of the Fire Department and one in the office of the Building Division of City of Visalia, being marked and designated as the California Fire Code, 2022 edition published by the International Code Council, including Appendix Chapters 4 (Special Detailed requirements Based on Use and Occupancy), B (Fire-Flow Requirements for Buildings), C (Fire Hydrant Locations and Distribution), D (Fire Apparatus Access Roads as amended by section L), H (Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions), I (Fire Protection Systems-Noncompliant Conditions), N (Indoor Trade Shows and Exhibitions) and O (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Visalia, in the State of California
regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the office of the City of Visalia are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed this section 8.20.010.

B. All further references shall be to the 2022 California Fire Code, in Subsection 101.1 of the, the term "City of Visalia" shall be inserted.

C. Subsection 104.3.1.1. Warrant cost recovery, is added to read as follows:
104.3.1.1 Warrant cost recovery. Cost to the City of Visalia for obtaining and executing an Inspection Warrant is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property. Recovery costs may include staff time, legal fees, and court fees.

D. Subsection 111.1 Board of Appeals is amended to read as follows:
111.1 Appeals. See local Ordinance, Appeals Section 8.20.07.

E. Subsection 111.1 through 111.4 shall be deleted in their entirety.

F. Subsection 112.4 Change: Violation penalties, is amended to read as follows:
112.4 Violations penalties. Persons who shall violate a prevision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or a permit or certificate used under provision of this code, shall be guilty of a misdemeanor, infraction or both. Penalties shall be as prescribed in local Ordinance Section 1.12.010. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

G. Subsection 112.5 Cost of abatement, is added to read as follows:
112.5 Cost of abatement. Cost of abatement is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property. Property owners shall be notified of any action taken as soon as possible. Recovery costs may include staff time, contractor's costs, legal fees and any and all cost associated with the abatement.

H. Subsection 113.4 Change: Failure to comply, is amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine prescribed in local Ordinance Section 1.12.010.

I. Subsection 107.7 Added: Visalia Fire Department Fee Schedule, is added to read as follows: 107.7 Visalia Fire Department Fee Schedule. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspections services, and for the issuance 2117
of permits pursuant to Section 105 of this Code. In addition, this schedule may include a fire service Cost Recovery fee to be charged to any person, firm, corporation, or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Department and shall be available for public inspection.

J. Subsection 105.5.34 Exception, is amended to read as follows:
105.6.32 Exception: Recreational Fires, see Visalia Municipal Code Ordinance, Open Burning, Section

8.44.010.

K. Subsection 903.3.8.4.1 shall be added to read as follows:
903.3.8.4.1 Tamper Protection. All exterior risers, drain/test valves and backflow devices shall be protected from unauthorized tampering by approved means. Protection method shall be indicated on building plans.

L. Subsection C103.4 Buildings provided with a fire sprinkler system, is added to read as follows:

C103.4 Buildings provided with a fire sprinkler system. Any newly constructed building provided with a NFPA 13 or NFPA 13R fire sprinkler system shall provide a fire hydrant within fifty (50) feet of the fire department connection. Where an existing building is retrofitted with a NFPA 13 or NFPA 13R fire sprinkler system a fire hydrant shall be provided within seventy-five (75) feet of the fire department connection.

C103.4.1 An additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) may be granted by the Fire Marshal when a fire sprinkler system density is designed with an additional 25%.

Exceptions: The additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) shall not be permitted for Pipe scheduled and ESFR sprinkler systems.

M. Section D106 where required, "apparatus access roads" shall be available to public travel at all times.

N. Subsection D107.1 Shall read as follows:

One- or two-family dwelling residential developments. Developments of one- two family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved access roads available to public travel at all times.

O. Subsection D107.1 , Exception 1. shall be deleted in its entirety. (Ord. 2022-15 § 2 (part), 2022 )

8.20.020 Establishment authority and responsibilities.

A. The fire marshal under the authority of the fire chief is hereby authorized to enforce the provisions of the California Fire Code and shall have the authority to render interpretations of the code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the code and shall not have the effect of waiving requirements specifically provided for in the code.

B. The fire marshal may authorize fire inspectors and other members of the fire department as deemed necessary to enforce the provisions of the fire code.

C. A report of the fire prevention division shall be made annually to the city manager as part of the fire departments annual report. The fire marshal under the authority of the fire chief shall also recommend any amendments to the code which, in his/her judgment are desirable. (Ord. 2022-15 § 2 (part), 2022)

8.20.030 Definitions.

Fire Code Official. Whenever the term "fire code official" is used in the California Fire Code, it means fire marshal of the fire department.

Municipality. Whenever the term "municipality" is used in the California Fire Code, it means the City of Visalia.
(Ord. 2022- 15 § 2 (part), 2022)

8.20.040 Establishment of limits of storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases.

The limits referring to storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases in the California Fire Code is to be restricted shall be regulated by the city zoning ordinance.

Where the zoning ordinance is silent about the permitted or conditional use the omission shall be considered prima facie evidence of clear intent to prohibit the act. (Ord. 2022-15 § 2 (part), 2022)
2118

8.20.050 Modifications.

Where there are practical difficulties involved in carrying out the provisions of this code, the fire marshal shall have the authority to grant modifications for individual cases, provided the fire marshal shall first find that special individual reason makes the strict letter of the code impractical, and the modification is in compliance with the intent and purpose of the code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention.
(Ord. 2022-15 § 2 (part), 2022)

8.20.060 Alternative materials and methods.

The fire marshal shall have power to approve alternative materials and methods where he or she finds that the proposed design is satisfactory and complies with the intent of the provisions of the California Fire Code.

Where the alternative material, design or method of construction is not approved, the fire marshal shall respond in writing, stating the reasons why the alternative was not approved. (Ord. 2022-15 § 2 (part), 2022)

8.20.070 Appeals.

Whenever the fire marshal and or chief of the fire department disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire marshal and or chief of the fire department to the city manager within thirty (30) days from the date of the decision.
(Ord. 2022-15 § 2 (part), 2022)

8.20.080 New materials, processes or occupancies which may require permits.

A. The city manager, the chief of the fire department, fire marshal and the chief building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancy, which shall require permits, in addition to those now enumerated in said code.

B. The fire chief shall post such list in conspicuous place in his/her office and distribute copies thereof to interested persons.
(Ord. 2022-15 § 2 (part), 2022)

8.20.090 Capacity of tank trucks.

The capacity of compartments of tank trucks used in the delivery of Class I flammable liquids in retail lots and for retail purposes within the city shall be limited to one thousand two hundred (1 ,200) gallons. (Ord. 2022-15 § 2 (part), 2022)

8.20.100 Special permits.

The chief of the fire department may, at his discretion, issue special permits for the entrance into the city of tank trucks of greater than one thousand two hundred (1,200) gallon compartment capacity for the purpose of making delivery of Class I flammable liquids to retail distribution stations, but not otherwise; provided, such permits shall be restricted to deliveries at locations where unusual hazards will not be created by such larger capacity trucks; provided, that no such tank trucks, carrying Class I flammable liquid, shall be parked or left unattended on any street, highway, avenue or alley of the city. (Ord. 2022-15 § 2 (part), 2022)

8.20.110 Penalties.

Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the city attorney or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor or infraction as determined by the city attorney, and shall be assessed administrative penalties pursuant to the 2119
provisions of Chapter 1.13 of the Visalia Municipal Code. These penalties may accrue and each day the property is not in compliance shall be considered another violation.

VISALIA MUNICIPAL CODE
Chapter 15.08 – California Building Code

15.08.010 Adoption of the 2022 California Building Code.

A. That certain building code, in book form known and designated as the 2022 California Building Code, Title 24, Part 2, Volumes 1 and 2, and published by The International Code Council, is adopted as the Building Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Included specifically are 2022 California Building Code Appendices B (Board of Appeals), C (Group U - Agricultural Buildings), F (Rodent proofing), H (Signs), I (Patio Covers), J (Grading) and P (Emergency Housing).

C. Reference is made to three copies of the 2022 California Building Code, one copy filed in the office of the city clerk and two copies filed in the office of Building Safety Division of the city, which are now filed for full particulars of said Building Code.

VISALIA MUNICIPAL CODE
Chapter 15.20 – California Plumbing Code

15.20.010 Adoption of the 2022 California Plumbing Code.

A. That certain plumbing code, in book form known and designated as the 2022 California Plumbing Code, Title 24, Part 5 as Published by the International Association of Plumbing and Mechanical Officials prepared and published by the International Association of Plumbing and Mechanical Officials, based on the 2021 Uniform Plumbing Code adopted as the plumbing code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Plumbing Code Appendix A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm Water Drainage Systems), H (Private Sewage Disposal Systems), I (Installation Standards for PEX Tubing 2120
Systems for Hot- and Cold-Water Distribution), and J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design).

D. Section 808.0 of said California Code is amended to read as follows:

Section 808.0, Cooling Water. Discharge of cooling water into the sanitary sewer system is prohibited. Refer to Section 13.08.500 of City of Visalia Municipal Code (Prohibition on Unpolluted Water).

E. Reference is made to three copies of the 2022 California Plumbing Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said Plumbing Code.

VISALIA MUNICIPAL CODE
Chapter 15.24 – California Mechanical Code

15.24.010 Adoption of 2022 California Mechanical Code.

A. That certain mechanical code, in book form known and designated as the 2022 California Mechanical Code, Title 24, part 4 as Published by the International Association of Plumbing and Mechanical Officials, based on the 2021 Uniform Mechanical, adopted as the mechanical code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, including the appendices, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Mechanical Code Appendix B (Procedures to be followed to Place Gas Equipment into operation) and C (Installation and testing of oil (liquid) fuel-fired equipment).

D. Reference is made to three copies of the 2022 California Mechanical Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said Mechanical Code.

VISALIA MUNICIPAL CODE
Chapter 15.28 – California Electric Code

15.28.010 Adoption of the 2022 California Electrical Code.

A. That certain electrical code, in book form known and designated as the 2022 California Electrical Code, Title 24, Part 3, Published by BNI Productions, Inc. based on the 2020 National electrical code, copyright 2019 National Fire Production Association, is adopted as the Electric Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase, or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of 2121
competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 89.108.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Electrical Code Annexes A and B.

D. Reference is made to three copies of the 2022 California Electrical Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said electrical code.

VISALIA MUNICIPAL CODE
Chapter 17.25 – Uses In The Commercial, Mixed Use, Office, and Industrial Zones (2017)

17.25.010 Purpose and intent.

No structure, or any part thereof, shall be erected, enlarged, or reduced, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zone district in which such structure, land, or site is located, except as otherwise authorized by this title.

17.25.020 Applicability
The requirements in this chapter shall apply to all property within the following zone districts:

17.25.030 Commercial, Office, and Industrial Zone Use Table A. The following table (Table 17.25.030) identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-N, C-R, C-S, C-MU, D-MU, O-PA, O-C, BRP, I-L, and I zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are listed alphabetically, with some uses grouped by type under a general heading.

D. Land uses with specific land use prohibitions or standards shall meet the requirements found in the identified Chapter or Section in the last column of the table.

Table 17.25.030
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
A
AGRICULTURAL - FARMING 17.08
A1 Beekeeping
A2 Farmers' Market P P
A3 Grain Elevators/Silos
2122
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
A4 Greenhouses (commercial growers) P
A5 Horse stables/Ranch (3 or more horses)
A6 Limited Raising of Small Animals,
Livestock, and fowl on a Domestic
Noncommercial Scale (2 cows, 4
sheep, goats, no pigs)
A7 Raising of Livestock and Fowl, except
Stockyards (commercial)
A8 Raising of Field, Truck or Orchard
Crop & Horticultural Specialties P P P P
A9 Riding Academies/Stables C C
A10 Roadside Stands Selling Produce
Grown on Site T T T T T T T T T T
A11 Animal Shelters/ Humane Societies C C
AUDITORIUMS (see THEATERS)
AUTOMOTIVE (for gas stations see SERVICE STATIONS)
A12 Auto Leasing/Renting P C C
A13 Auto Dismantling/Wrecking/ Salvage
Yards C

17.32.070
A14 Auto Machine Shops P P
A15 Auto Oil, Lube & Smog Test Shops C C P P C
A16 Auto Repairs, Major-Overhauling,
Rebuilding, Painting C P C C
A17 Automotive Supplies, Parts &
Accessories C P P P
A18 Automotive Upholsterers P
A19 Boat Sales/Service P
A20 Car Washing -self service C C P C C
A21 Car Washing - automated C C P C C C
A22 Car Sales - New & Used P C
A23 Motorcycles, Sales and Service P
A24 RV/Boat Storage Yards P P
2123
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
A25 Recreational Vehicles Sales and
Service P P
A26 Tire Sales & Service (excluding major
repairs) – stand alone C P P P C
A27 Tire Sales & Service (excluding major
repairs) - located within the primary
permitted use on the site
P P P
A28 Towing/Road Service P P
A29 Truck/Trailer Sales and/or Service P C
A30 Truck Rental/Leasing P
B

BANKS & FINANCIAL INSTITUTIONS
B1 Stand-Alone Automatic Teller (ATM) P P P P P P P P P P B2 Office P P P P P P P

BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS
B3 Stand Alone P P P P P C C
B4 Located with the Primary Permitted
Use on the Site P P P P P P P
B5 Tattooist P P C P

BED & BREAKFAST ACCOMMODATIONS
B6 Traditional C C 17.32.150
B7 Inns C C 17.32.150
B8 Boarding / Rooming Houses C

BUS DEPOTS
B9 Station (passenger services) C C C
B10 Repair Yard & Shops P P P
B11 Public & Private Transfer Point C C C C C C C
C
C1 Catering Services P P P P P
C2 Cemeteries & Mausoleums 17.52
2124
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
C3 Christmas Tree Sales Lots / Other
Seasonal Commercial Uses / Special
Events

T T T T T

CHURCHES & OTHER RELIGIOUS INSTITUTIONS
C4 Up to 200 Seats C C C C C C
C5 More than 200 Seats C C C
C6 Clothing / Costume Rental P P P

COMMUNICATIONS
C7 Communications Equipment Building C P P C C C P P
C8 Radio and TV Broadcasting Studios -
with antenna off-site P P P P C P P
C9 Radio and TV Broadcasting Studios -
with antenna on-site C C P P
C10 Wireless telecommunication facilities –
more than 100 feet away from property
planned/ zoned residential

C C C C C C C P P

17.32.163
C11 Wireless telecommunication facilities -
within 100-ft of property
planned/zoned residential

C C C C C C C C

17.32.163
D

DAYCARE, LICENSED
D1 Adult - six or few adults P P P P P P P P P P
D2 Adult - 7 to 12 adults P P P P P P P P P P
D3 Adult - 13 or more adults C C C C C C C C C C
D4 Children - 8 or fewer P P P P P P P P P P
D5 Children - 9 to 14 P P P P P P P P P P
D6 Children - 15 or more C C C C C C C C C C
D7 In Conjunction with Primary Use P P P P P P P P P
D8 Drive-Thru Lanes Meeting All
Standards in Sect. 17.32.162 P P P P P P

17.32.162
D9 Drive-Thru Lanes Not Meeting All
Standards in Sect. 17.32.162 C C C C C P

17.32.162
D10 Drive-Thru Lanes in Industrial Zone C C 17.32.161
2125
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
E

EATING & DRINKING ESTABLISHMENTS
E1 Bars/Taverns - within 300 feet of any
residence/public use C C C
E2 Bars/Taverns - not within 300 feet of
any residence/public use P C
E3 Micro-breweries / micro-wineries (with
or without restaurants) C P C C C C C C

17.63 E4 Craft distilleries

P C C C C
Craft
distilleries
Permitted in

17.63 Overlay
District
E5 Cafeterias P P P P P C P C C
E6 Fast Food Restaurants

P P P P P C P
See Lines
D8 and D9
of Table

17.25.030
for Drivethru lane
zoning
requirements.

E7 Fast Food Restaurants (Industrial
Zone) C C

17.32.161
E8 Pizza/Sandwich Shops - serving
wine/beer C P P P P C P
E9 Pizza/Sandwich Shops - no alcohol P P P P P C P C C
E10 Ice Cream Shop P P P P C P
E11 Night Clubs/Discotheques C C
E12 Live Entertainment C C C 17.04
E13 Sit-Down Restaurant/Cafe - with or
without full bar using less than 25% of
public area

P P P P P P P P P
2126
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
E14 Sit-Down Restaurant/Cafe - full bar
using greater than 25% of public area C C C C C C C C
E15 Enclosed Solid Waste Transfer Stations
F
F1 Florist P P P P P C
F2 Fortunetelling / Palm Reader P 5.20

FUEL STORAGE
F4 Propane/Butane P P P
F5 Propane/Butane (maximum 2000
gallons) P P
F6 Propane/Butane within 50 feet of
Planned/zoned Residential C C C
F7 Propane/Butane within 50 feet of
Planned/zoned Residential (maximum
2000 gallons)
C C
F8 Above Ground Tanks dispensing Class
I, II, and III-A liquids - within 100 feet
of a residential use or residential zoned
property

C C C C C C C C

17.32.025
F9 Above Ground Tanks dispensing Class
I, II, and III-A liquids - more than 100
feet from a residential use or residential
zoned property

P P P P P P P P

17.32.025
F10 Pump & Underground Storage Tank
F11 Pump & Underground Storage Tank -
500 gallons or less P P
F12 Pump & Underground Storage Tank -
more than 500 gallons P P
F13 Petroleum & Petroleum Products
Storage C C
Public Fuel Dispensing (see Service
Stations)
F14 Funeral Home / Mortuary C C C C
G
2127
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
G1 Galleries – Art / Photography / Crafts P P P P C
H
H1 Home Occupation Businesses P P P P P P P P P P 17.32.030 H2 Hotels and Motels C C C C
I
J
K
K1 Kennels (located 500 feet or more from
a residential zone) C C
L

LAUNDRY / DRY CLEANERS
L1 Dry Cleaners (cleaning plant) P P P P P P
L2 Dry Cleaners (cleaning plant including
carpet/rug cleaning and dyeing) P P P
L3 Diaper Supply Service P P P
L4 Linen & Uniform Supply Service P P P
L5 Self service P P P P P
M

MANUFACTURING / ASSEMBLING
Building & Construction Trade
M1 - building materials yards (storage &
distribution) P P P
M2 - cabinetmaker/carpenter shops P P P
M3 - concrete & ready-mix manufacture &
distribution C C
M4 - contractor’s equipment storage yards P P P
M5 - drilling/dredging/ditching service P P
M6 - lumberyard (see also RETAIL) P P
M7 - sheet metal shop P P
2128
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
Chemical Products, except as more
specifically described below
(manufacturing, blending,
compounding, packaging, bottling)
M8 - laboratories (i.e., organic/inorganic) P P P
M9 - paint, dye & glue manufacturers C P
M10 - pharmaceuticals C C P P
M11 - manufacture of raw plastic materials,
colorants, liquids, powders, resins C P
M12 - soap detergent & other cleaning
preparations C P
Food & Beverage - Preparation &
Bottling/Packing & Distribution
M13 - animal & marine fats & oils (refining
& rendering) C
M14 - beer & ale distributors P P P
M15 - breweries and wineries producing
60,000 barrels or less per year P P
M16 - breweries and wineries producing
more than 60,000 barrels per year C
M17 - commercial bakeries C P P
M17 - dairy products processing &
packaging C C
M18 - fruit & vegetable brokers & shippers P P
M19 - grain, feed & flour mills P
M20 - ice manufacturers & storage P P P
M21 - meat & poultry product processing
including butchering/slaughtering C
M22 - meat and food locker, packaging P P P
M23 - nut processing (dehydrating, hulling
& drying) P
M24 - packaging of previously prepared
food items P P P P P
M25 - processing, canning & packing food
products P
2129
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
M26 - refinery for food products, i.e. sugar C
M27 - snack food preparation, packaging P P
M28 - soft drink bottling & distribution P P
M29 - vegetable oil mills P
M30 - water processing & bottling P P
M31 Flammable/Combustible Liquids C 13.32.027
M32 Heavy Equipment/Machine
Manufacture/Assembly (welding &
fabrication, i.e., agricultural equipment,
aircraft equipment parts & supplies,
large appliances, auto/truck
manufacturing, industrial machinery)
C
M33 Kiln works for clay and pottery
products P P
M34 Light Manufacturing/Assembly (i.e.,
computer hardware & parts, electric
supplies - coils, wire, cable, etc.)
C P P
Printing & Publishing Industry
M35 - desktop, blueprint & photocopy P P P P P
M36 - publishing, printing &/or binding
(newspapers, magazines, brochures,
books, etc.)

P P P P
Products Manufactured/ Assembled
from Previously Prepared Materials
M37 - manufacture of paper & plastic
packaging & cartons C P P
M38 - clothing assembly/imprinting P P P
M39 - metal fabrication & die cutting P P P
M40 - rubber & plastic product
manufacturing C P
M41 - textile mills (dyeing, weaving,
knitting, cutting) P
M42 - packaging/distribution of prepared
materials (non-food items) P P P
M43 Raw Materials Manufacture C 17.04
2130
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
M44 Stone mills/monument yards C P
Trucking, Warehousing, and Internet
Fulfillment Centers
M45 - combined office/warehouse-type
buildings P P P
M46 - general warehousing & storage P P P
M47 - local bus charter P P
M48 - moving companies/trucking/storage P P P
M49 - refrigerated warehouses/storage P P P
M50 - school bus yards P P
M51 - trucking & freight forwarding
terminal C P P
M52 Massage Therapist C P C C C C
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) M53 Hospitals, Acute Care (general
medical/surgical) C C
M54 Ambulance Services/Medical
Transport C C C C C
M55 Convalescent Hospitals / Senior Care
Facilities / Nursing Homes C C C
M56 Clinics (medical group, urgent
care/walk-ins, dental, rehabilitation) C C C C C C C
M57 Dialysis Centers and Blood Donation
Centers C C P C C C
M58 Hospices C
M59 Laboratories (medical testing &
diagnostic) P C C P
M60 Medical Equipment/supplies (oxygen,
prosthetics, walkers, etc.) P P P P P
M61 Opticians - Dispensing C P P P
M62 Psychiatric Hospitals, including
Treatment of Substance Abuse C
2131
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
M63 Residential Alcohol/Substance Abuse
Treatment Facility C
M64 Rehabilitation Hospitals C C C
M65 Museums (special interest/historicalpublic/private) C C C N
O

OFFICES
General Business and Professional (i.e.,
data processing services, employment
agencies, insurance agencies, etc.)
O1 - less than 2,000 sq. ft. P P P P P P P P
O2 - 2,000 sq. ft. to 6,000 sq. ft. C P C P P P P P
O3 - more than 6,000 sq. ft. C C C P P P P P
O4 - up to 25% of total leased area for
center P P P P P
O5 - more than 25% of total leased area for
center C C C C C
O6 Medical (i.e., Physical therapists,
physicians/surgeons, dentists/
orthodontists, optometrists,
chiropractors, etc.)

C C P P P P
O7 Counseling/psychologist - individuals C C P P P P
O8 Counseling/psychologist - groups C C P C P C
O9 Offices Associated with Industrial Uses
(not exceeding 25% of total building
area)

P P P P
O10 Temporary Trailers (construction) T T T T T T T T T T P
P1 Parcel Delivery Services / Parcel
Distribution (UPS, Federal Express,
etc.)

P P C P
P2 Parking Facilities For Off-Site Uses C P P C C C C C 2132
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
P3 Park & Ride C C C P P

PHOTOCOPY SERVICES / DESKTOP PUBLISHING
P4 With Printing Press P C C C P P
P5 Without Printing Press P P P P P P P P

PHOTOGRAPHY / PHOTO SERVICES
P6 Photography Studio P P C P P C P
P7 Photography Labs/Blue
Printing/Microfilming (developing,
printing - no retail on site)

P P C C P P
P8 Photography labs (developing, printing
- no retail on site) P P C P P
P9 Photography Labs with Retail on Site P P P P P
P10 Planned Unit Developments C C C C C C C C C C 17.26 P11 Private Clubs and Lodges C C C 17.32.115
P12 Private Postal Service (Mail Boxes,
Mailing Service) (See Also Parcel
Delivery Services)
P P P

PUBLIC COMMUNITY SERVICES
P13 Community & Recreation Centers C C C
P14 Community Gardens C C C
P15 Fire Stations C P C C C P C P P
P16 Police Stations & Substations C P P P P P P P P
P17 Post Offices C P
P18 Public Buildings, Offices & Grounds C P C P C C
P19 Public Golf Courses/Driving Ranges
P20 Public Libraries C C P C C
P21 Public Parks/Playgrounds C C C P
P22 Post Office Substations C P P P P P P
Q
R

RAILROADS
2133
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R1 Freight Stations, Repair & Yards C C
R2 Passenger Stations C

RECREATION FACILITIES
R3 Athletic and Health Clubs
(gymnasiums, fitness centers, racquet
clubs)

C C C C C C
R4 Athletic and Health Clubs
(gymnasiums, fitness centers, racquet
clubs) less than 5,000 sq. ft.

P P P P P P P P
R5 Aquatic Centers C C C C C C
R6 Private Libraries P C
R7 Athletic/Playing Fields C
R8 Bowling Alleys C C C
R9 Circus, Carnivals, Fairs & Festivals,
Revivals/Assemblies T T T T T T
R10 Dance, Yoga & Music Studios P P P P P P P P
R11 Martial Arts P P P P P P P P
R12 Golf Courses & Driving Ranges C
R13 Miniature Golf Courses C C
R14 Ice & Roller Skating Rinks C C
R15 Pool Halls/Billiard Parlors C C C C
R16 Video Machines/Coin-Operated Games
- 1 to 4 machines P P P P P

17.32.120
R17 Video Machines/Coin-Operated Games
- 5 or more machines C C C C

17.32.120
R18 Other Recreational Facilities C C C C C C C C
R19 Rifle and Pistol Range, indoor C C C C C C C C

RECYCLING FACILITIES
R20 Heavy Processing C C P 17.32.160
R21 Light Processing C P P 17.32.160
R22 Large Collection C P P 17.32.160
R23 Small Collection C C C C P P 17.32.160
2134
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R24 Reverse Vending Machines P P P P P P P P 17.32.160
R25 Temporary Facilities, i.e. recycling of
Christmas trees, tree trimmings, etc. T T T T T

17.32.160
R26 Household Hazardous Waste
Collection Center P P

17.32.160
RESIDENTIAL (see also Residential Zones)
R27 Residential Units, New or Expansions,
which may or may not be associated
with a commercial activity

C C C C C C C C C C
R28 Group/Foster Homes, Licensed - 1 - 6
individuals in addition to residing
family
C
R29 Group/Foster Homes, Licensed - more
than 6 individuals C
R30 Emergency Shelters P
R31 Emergency/Temporary Housing C C C
R32 Household Pets P P P P P P P P P P
R33 Single Room Occupancy (SRO) units C
RETAIL
General Merchandise
R34 - less than 4,000 sq. ft. P P P P C
R35 - 4,000 to 6,000 sq. ft. P P P P
R36 - 6,001 to 40,000 sq. ft. C P P P
R37 - 40,001 to 60,000 sq. ft. P P C 17.32.050
R38 - over 60,000 sq. ft. P C C
Building/Landscape Materials
- lumberyards (see

MANUFACTURING/

ASSEMBLING)
R39 - fencing stores/yards P P
R40 - floor & wall coverings C P P P P
R41 Garden Centers/Nurseries - located
within primary use P P P P
2135
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R42 Garden Centers/Nurseries - stand alone C P C P
R43 Glass Stores (windows, etc. for auto,
residential, commercial) P P
R44 Hardware Stores including
lumberyards P
R45 Hardware Stores 10,000 square feet or
more
P
R46 Hardware Stores less than 10,000
square feet P P P P
R47 Paint Stores P P P
R48 Home Improvement P P P
Drugstore/Pharmacy
R49 - including general retail merchandise P P P P C17.32.050

17.32.055
R50 - not including general retail
merchandise, 1,500 sq. ft. or more P P P P P P
R51 - not including general retail
merchandise, up to 1,500 sq. ft. P P P P
R52 Farm Equipment Sales P P
R53 Feed Stores P C
Food Stores
R54 - convenience store - 7000 sq. ft. or
less C C C C C C C C
R55 - liquor store within 300 feet of
residential/public use C C C
R56 - liquor store not within 300 feet of
residential/public use

C C C P
In C-R zone,
5,000 sq. ft
minimum
building area
in per
Ordinance
2012-08
R57 - specialty food stores (bakery,
delicatessen, butcher shop, meat
market, health food, gourmet/imported
food, etc.)

P P P P C C

17.32.050
2136
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R58 - supermarkets/grocery stores P P P 17.32.050
R59 -wine tasting with sales C P C C C C C C
R60 Furniture & Furnishings - new P P P P
R61 Furniture & Furnishings - secondhand
*up to 10,000 square feet P P P P P
R62 Gun Shops - within primary use P P P P
R63 Gun Shops - stand alone P P P
Magazine/Newspaper Sales
(Freestanding Booth/Stand/ Kiosk)
R64 - indoor C P P P P P P
R65 - outdoor C C C C C C C
Outlet Stores
R66 - bakery P
R67 - apparel P P
R68 - furnishings P
R69 Pawnshops C C
R70 Pet Stores P P P P 17.32.050
R71 Pool/Spa Supplies/Equipment P P P P P P 17.32.050
R72 Secondhand Store/Thrift Shops - up to
2,000 square feet P P P
R73 Secondhand Store/Thrift Shops -
greater than 2,000 square feet P P C
R74 Smoke Shops (retail of cigarettes and
smoke devices / paraphernalia)
C C
S
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) S1 Preschool/After-School Care C C C C C
S2 Elementary Schools, K-6 or K-8 C C C C C C
S3 Middle Schools C C C C C C
S4 High Schools C C C C C C
S5 Colleges/Universities (academic) C C C C
2137
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
S6 Business, Trade, Vocational, Charter or
other Specialized Schools C C C C C C C C
S7 After Hours Academic Education
Facilities (After 6:00 p.m.) C C C P P
S8 Tutoring Centers C C C C C

SERVICE, COMMERCIAL
S9 Air Conditioning Shops P P
S10 Appliance, Electrical Equipment, Tools
(disassemble & repair) P P P P
S11 Check-Cashing Service C C C C
S12 Chemical Stripping/Powder Coating P P P
S13 Chrome & Anodizing Shops P P P
S14 Courier Services P P P C P
S15 Auction House C C
S16 Bail Bonds C C C
S17 Equipment Rental – conducted
outdoors P C P
S18 Equipment Rental – conducted indoors P P P P P
S19 Exterminators/Fumigators P P
S20 Gunsmith Shops, including incidental
retail P P C P
S21 Heavy Machinery and Equipment
(welding, cutting, grinding, casting,
etc.)
P P P
S22 Janitorial Service P
S23 Lawn Maintenance & Tree Trimming P P
S24 Locksmiths P P P P P
S25 Other Household & Maintenance
Services P C
S26 Pet Grooming / Dog Training
(conducted indoors) P P P P P
S27 Printing Service (see also Photocopy
Services) C P C
2138
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
S28 Repair Shops (tools, non-automotive,
mechanical equipment) P P
S29 Sharpening Service - tools, knives, saw
blades, lawn mowers, etc. P P
S30 Sharpening Service - small tools not
including saw blades and lawn mowers P P P P
S31 Sheltered Workshops C P C C P
S32 Shoe Repair Shops P P P P P
S33 Sign Painting & Fabrication P P
S34 Taxidermists P P
S35 Tailor, Dressmaking, & Alterations P P P P P
S36 Upholstering Shops (furniture only) P P P
S37 Upholstering Shops - Showroom with
minimum 35% of gross receipts to be
retail sales
C

SERVICE STATIONS
S38 Fuel dispensing only - not including
major auto repair services of any kind C C P C C C P
S39 Also including major auto repair
services C P C C
S40 Also including light servicing of trucks P C
S41 Storage, Sorting, Collection, Or Bailing
of Iron, Junk, Paper, Rags, Or Scrap
(Not Including Auto Dismantling)
S42 Storage Tanks, Non-Fuel P P
S43 Swap Meets C
T
T1 Taxi/Limousine Service P P P P

THEATERS
T2 Auditoriums C C
T3 Drive-in C
T4 Movie C C C
T5 Live Performance C C P
2139
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
U
U1 Unenclosed Solid Waste Transfer
Stations C

UTILITIES
U2 Business Offices P P P P P P
U3 Electric Distribution Substations C C C C C C C C P
U4 Elevated Pressure Tanks C C P P C C P P
U5 Gas Regulator Stations C C P C C C C P P
U6 Public Service Pumping Stations C C P C C C P P
U7 Payment Centers P P P P P
U8 Public Utility Service Yards P C P
V

VETERINARY SERVICES
V1 Animal Care Clinic (no boarding) P C P P C P
V2 Hospitals/Clinics (located 500 ft. from
a residential zone including short term
boarding of animals)

C C C P
W
W1 Wholesale Commercial Establishment P P

WAREHOUSING/STORAGE
W2 - primary use P P
W3 - not to exceed 20% of gross floor area
of permitted use P P P P P P P P
W4 - in excess of 20% of gross floor area
of permitted use C C C C C C P C
W5 Mini Storage Facilities P C P C
X
Y
Z
OTHER
2140
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
OT1 Other Uses Similar in Nature and
Intensity as Determined by the City
Planner

P P P P P P P P P P
OT2 Other Uses Similar in Nature and
Intensity as Determined by the City
Planner Subject to the Granting of a
Conditional Use Permit

C C C C C C C C C C

VISALIA MUNICIPAL CODE
CHAPTER 17.38 - Conditional Use Permits

17.38.010 Purposes and powers
In certain zones conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties.

In order to achieve these purposes and thus give the zone use regulations the flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permits.

17.38.020 Application procedures
A. Application for a conditional use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary by the planning division to clearly show the applicant's proposal;

5. The purposes of the conditional use permit and the general description of the use proposed;

6. Additional information as required by the historic preservation advisory committee.

7. Additional technical studies or reports, as required by the Site Plan Review Committee.

8. A traffic study or analysis prepared by a certified traffic engineer, as required by the Site Plan Review Committee 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.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.
2141

17.38.030 Lapse of conditional use permit
A conditional use permit shall lapse and shall become void twenty-four (24) months after the date on which it became effective, unless the conditions of the permit allowed a shorter or greater time limit, or unless prior to the expiration of twenty-four (24) months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site which was the subject of the permit. A permit may be renewed for an additional period of one year; provided, that prior to the expiration of twenty-four (24) months from the date the permit originally became effective, an application for renewal is filed with the planning commission. The commission may grant or deny an application for renewal of a conditional use permit. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section.

17.38.040 Revocation
Upon violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The planning commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to insure compliance with the regulation, general provision or condition. Appeals of the decision of the planning commission may be made to the city council as provided in Section 17.38.120.

17.38.050 New application
Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council.

17.38.060 Conditional use permit to run with the land
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the permit application subject to the provisions of Section 17.38.065.

17.38.065 Abandonment of conditional use permit
If the use for which a conditional use permit was approved is discontinued for a period of one hundred eighty (180) days, the use shall be considered abandoned and any future use of the site as a conditional use will require the approval of a new conditional use permit.

17.38.070 Temporary uses or structures
A. Conditional use permits for temporary uses or structures may be processed as administrative matters by the city planner and/or planning division staff. However, the city planner may, at his/her discretion, refer such application to the planning commission for consideration.

B. The city planner and/or planning division staff is authorized to review applications and to issue such temporary permits, subject to the following conditions:

1. Conditional use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six months for all other uses or structures.

2. Ingress and egress shall be limited to that designated by the planning division. Appropriate directional signing, barricades, fences or landscaping shall be provided where required. A security officer may be required for promotional events.

3. Off-street parking facilities shall be provided on the site of each temporary use as prescribed in Section 17.34.020.

4. Upon termination of the temporary permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition. 2142

5. Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the city planner and planning division staff.

6. Applicants for a temporary conditional use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.

7. Signing for temporary uses shall be subject to the approval of the city planner.

8. Notwithstanding underlying zoning, temporary conditional use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. In reviewing applications for such stands, issues of traffic safety and land use compatibility shall be evaluated and mitigation measures and conditions may be imposed to ensure that the stands are built and are operated consistent with appropriate construction standards, vehicular access and off-street parking.

All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.

9. Fruit/Vegetable stands shall be subject to site plan review.

C. The City Planner shall deny a temporary use permit if findings cannot be made, or conditions exist that would be injurious to existing site, improvements, land uses, surrounding development or would be detrimental to the surrounding area.

D. The applicant or any interested person may appeal a decision of temporary use permit 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 temporary use permit and shall uphold or revise the decision of the temporary use permit, based on the findings set forth in Section 17.38.110. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145.

E. A privately owned parcel may be granted up to six (6) temporary use permits per calendar year.

17.38.080 Public hearing--Notice
A. The planning commission shall hold at least one public hearing on each application for a conditional use permit.

B. Notice of the public hearing shall be given not less than ten days nor more than thirty (30) days prior to the date of the hearing by mailing a 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 which is the subject of the hearing, and by publication in a newspaper of general circulation within the city.

17.38.090 Investigation and report
The planning staff shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission.

17.38.100 Public hearing--Procedure
At the public hearing the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.38.110. The planning commission may continue a public hearing from time to time as it deems necessary.

17.38.110 Action by planning commission
A. The planning commission may grant an application for a conditional use permit as requested or in modified form, if, on the basis of the application and the evidence submitted, the commission makes the following findings:
2143

1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the zone in which the site is located;

2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

B. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may grant conditional approval for a permit subject to the effective date of a change of zone or other ordinance amendment.

C. The commission may deny an application for a conditional use permit. (Prior code § 7536)

17.38.120 Appeal to city council
The decision of the City planning commission on a conditional use permit shall be subject to the appeal provisions of Section 17.02.145.

17.38.130 Effective date of conditional use permit
A conditional use permit shall become effective immediately when granted or affirmed by the council, or ten days following the granting of the conditional use permit by the planning commission if no appeal has been filed.

CITY OF VISALIA ORDINANCE NO. 2024-05
Massage Establishments – Urgency Ordinance

AN INTERIM ORDINANCE TO FURTHER REGULATE

MASSAGE ESTABLISHMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:

A. The City of Visalia Municipal Code Title 5 defines "Massage establishment" as follows: “means and includes any business enterprise or establishment, parlor, or any room, place or institution within a business establishment where massage is given or administered by a massage technician as a paid service” and in addition, the City of Visalia Municipal Code Title 17 defines, “Massage Therapy Establishment” as follows:
“means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.” B. The City of Visalia Municipal Code Title 17 currently permits Massage Therapists under the current City of Visalia Zoning Ordinance in the Neighborhood Commercial (C-N), Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Professional / Administrative Office (O-PA), and Office Conversion (O-C) zones within the City of Visalia with a Conditional Use Permit (CUP) issued under Visalia Municipal Code Chapter 17.38.

C. Recently the City of Visalia has seen an increase in requests for CUPs to operate Massage Establishments.

In recent instances, such usages are proposed within close proximity to residential neighborhoods, junior college, and within shopping centers.

D. Although these recent instances of this proposed use near residential neighborhoods resulted in comments received that stated property owners concerns this type of use should not be placed in close proximity to schools and residential neighborhoods, the usage was allowed because the current City of Visalia Zoning Ordinance does not require buffering distance requirements regarding this type of commercial activity near schools and residential neighborhoods. The City Council has since considered whether a specific policy should be adopted and has determined that it would be in the interest of the public health, safety, or welfare to consider changes to the municipal code on how this type of business should be further regulated. 2144
E. In 2008, the Legislature adopted Senate Bill 731, which created the California Massage Therapy Council, a state-organized nonprofit organization with regulatory authority over the certification of massage technicians and practitioners throughout the State of California which also limited the City' s regulatory authority over massage establishments that exclusively hire State-certified massage technicians, preempting most local licensure and permitting requirements and land use regulations and has been widely criticized by local agencies as providing massage businesses with almost unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses that allow prostitution and other illegal activities.

F. In response to the criticism against Senate Bill 731, Assembly Bill 1147 was enacted which allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements on massage establishments, and the City of Visalia seeks to amend the Visalia Municipal Code to ensure that the City regulates massage establishments in compliance with the provisions of enacted State statutes.

G. The increase in requests for the operation of Massage Establishments that has occurred in recent years does not appear to be slowing, which has raised concerns of whether illicit uses are trying to create a business front for illicit activity and a proliferation of such types of uses could result in negative impacts to the public’s peace, health, safety, and welfare.

H. The potential for criminal and unsafe activity at massage establishments is particularly concerning given that some massage establishments in the City are located within proximity to places where families congregate, such as restaurants and shopping areas.

I. Code enforcement and policing efforts have found that illegal massage operations that are shut down are often replaced by similar illegal massage operations in the same location. There are significant adverse impacts from allowing illegal massage operations to remain at a given site. Impacts include decreased consumer confidence in the legal operation of future massage establishments at a site, decreased consumer confidence in the neighboring businesses, and confusion among customers regarding any connection between the closed illegal operation and a new legal operation, and detrimental effects on all surrounding businesses.

J. The City Council finds and declares the illicit and illegal activities disguising as legitimate massage establishments in the City pose health and safety threats to operators, employees, patrons, surrounding businesses, and the public, in order to address this threat to public health and safety the City Council hereby finds the adoption of the proposed urgency interim zoning ordinance to be necessary while a more specific amendment to the Municipal Code is reviewed in the normal process by the City.

K. Further the City Council finds and declares that approving additional conditional use permits to allow additional Massage Establishments within close proximity of an existing Massage Establishment would potentially be in conflict with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city by creating conditions that would adversely impact the public’s interest.

L. The City Council finds and declares that the ordinance regulations on Massage Business shall be adopted on an interim and immediate basis to protect the public health, safety, and welfare of the community while the more permanent regulations are reviewed in additional detail.

SECTION 2. While this interim ordinance is in effect the following regulatory standards shall apply as additional limitations and requirements under the Visalia Zoning Ordinance on a Massage Establishment and/or Massage Therapy Establishment as those terms are defined in Visalia Municipal Code. Businesses that are already operating under conditional use permits in areas that would be prohibited under these regulations may continue to operate as they would constitute legal non-conforming use.

A. In addition to Conditional Use Permit being required in the Neighborhood Commercial (C-N), Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Professional / Administrative Office (O-PA), and Office 2145
Conversion (O-C) zones, a Conditional Use Permit shall be required for Massage Establishments/Therapist in the Regional Commercial (C-R) zone.

B. No Massage Establishment may be located within a radius of 750 feet of another Massage Establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. Existing businesses operating a Massage Establishment that are already conducting business and in possession of all previously required licenses and/or permits for such business in the City of Visalia on the effective date of this emergency ordinance are considered existing non-conforming related to separation from all required sources as long as the permit is not revoked, or the business does not cease operation.

C. No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

D. Doors. All front, reception, hallway, or front exterior doors except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.

E. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where Massage Services are being performed on Clients, and in all areas where Clients are present.

F. Living Quarters Prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside a Massage Establishment at any time. Beds and floor mattresses shall not be permitted on the premises.

G. Inspections. The operator and/ or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City' s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.

H. No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs except pursuant to a prescription for such drugs. The Owner, Operator, or responsible managing Employee, shall not permit any such person, or any person who is clearly intoxicated, to enter or remain upon the premises.

I. No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.

SECTION 3. 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.
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SECTION 4. This Ordinance shall take effect immediately as an interim zoning ordinance under the provisions of California Government Code section 65858. It shall be of no further force and effect forty-five (45) days from its adoption unless it is extended pursuant to Government Code section 65858.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

CONDITIONAL USE PERMIT NO. 2019-27
Conditions of Approval

1. That the project be developed in substantial compliance with the comments from the approved Site Plan Review No. 2019-100.

2. That the site be developed in substantial compliance with the approved site plan and floor plan as shown in Exhibits “A” and “B”.

3. That the site shall operate in substantial compliance with the operational statement as stated in Exhibit “C”, except that the hours of operation shall be Monday through Friday, 9:00am to 8:00pm, and Saturday through Sunday, 9:00am to 7:00pm.

4. That prior to operation of the massage parlor use the applicant shall obtain a Building Permit for the metal gate and fencing as depicted in Exhibit “A”, and that the gate shall remain unlocked and open during hours of operation.

5. That the applicant shall remove the existing storage container from the project site prior to operation of the massage parlor use.

6. That substantial changes to the site plan, floor plan, or operational statement may require an amendment to this Conditional Use Permit as determined through the Site Plan Review process

7. That all building signage shall require a separate building permit.

8. That all applicable federal, state and city laws, codes and ordinances be met. 2147
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REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: August 12, 2024
PROJECT PLANNER: Cristobal Carrillo, Associate Planner
Phone No.: (559) 713-4443
E-mail: [email protected]
SUBJECT: Revocation of Conditional Use Permit No. 2019-27: A request by the City of Visalia, pursuant to Municipal Code section 17.38.040, to revoke Conditional Use Permit No. 2019-27, which allows the operation of a massage therapy business at 500 South Santa Fe Street, located in the O-C (Office Conversion) Zone (APN: 097-121-023).

STAFF RECOMMENDATION
Staff recommends revoking Conditional Use Permit No. 2019-27. Staff’s recommendation is based on the conclusion that the owner/operator has failed to comply with the terms and conditions of the Conditional Use Permit and the Visalia Municipal Code.

RECOMMENDED MOTION
I move to approve revocation of Conditional Use Permit No. 2019-27 based on the findings and conditions in Resolution No. 2024-47.

BACKGROUND
The request to revoke Conditional Use Permit (CUP) No. 2019-27 is in response to violations of the terms and conditions of the conditional use permit and Municipal Code (VMC) provisions for the massage therapy establishment located at 500 South Santa Fe Street. On June 21, 2024, a Notice of Conditional Use Permit Suspension letter was sent via certified mail to both the property owner and business operator informing them that the conditional use permit was being suspended and a public hearing was being set to determine if the conditional use permit should be revoked. A copy of that letter is provided as Attachment “A” to this staff report.

On June 7, 2024, Code Enforcement Officers with the Neighborhood Preservation Division conducted a site inspection of the massage establishment located at 500 South Santa Fe Street. The inspection was conducted as part of the Neighborhood Preservation Division’s efforts to enforce VMC/CUP compliance through regular inspections of massage-based businesses. During the inspection, staff found evidence of a number of violations of VMC and CUP provisions. The violations are listed below.

Applicable sections of the VMC are also cited, with the full text of available to view in Attachment “D • Zoning/CUP Violations (VMC Title 17, CUP No. 2019-27):
o Failure to obtain a Building Permit for an unpermitted gate and fencing (CUP Condition No. 4 required, “That prior to operation of the massage parlor use the applicant shall obtain a Building Permit for the metal gate and fencing…”). o Failure to remove an unpermitted sea train container located on the premises (CUP Condition No. 5 required, “That the applicant shall remove the existing storage container from the project site prior to operation of the massage parlor use.”). o Failure to comply with all applicable federal, state, and city laws, codes and ordinances (CUP Condition No. 8 required, “That all applicable federal, state, and city laws, codes and ordinances be met.”).
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o Use of a commercial building for residential purposes without issuance of a CUP, which was required at the time of the original CUP’s approval on September 9, 2019 (VMC

17.25.030, Line R27).
• Building and Fire Code Violations (VMC Title 15):
o Construction of a shower and installation of plumbing on the premises without a Building Permit (VMC 15.08.010, 15.20.010, 15.28.010).
o Use of a commercial building for residential purposes without proper permits for its conversion (VMC 15.08.010, 15.20.010, 15.24.010, 15.28.010). o Improper storage/mounting of fire extinguishers (VMC 8.20.010). o Lack of smoke and carbon monoxide detectors on the premises (VMC 8.20.010,

15.080.010).
• Business Regulation Violations (VMC Title 5):
o Noncompliance with all applicable City codes (VMC 5.68.060). o Unregistered massage employee working onsite (VMC 5.68.100.B). o Massage employee lacking California Massage Therapy Council (CAMTC) certification (VMC 5.68.040.A, B, 5.68.080, 5.68.100.C).
o CAMTC certifications not displayed in a prominent location onsite (VMC 5.68.070,

5.68.100.D).

As a result of the above violations, the business was posted with a Cease and Desist and Unsafe to Occupy order which was posted on the business door. The business was ordered to cease operations until it came into compliance with applicable legal requirements. A copy of the Cease and Desist is provided as Attachment “B”.

Pursuant to Section 17.38.040 of the Zoning Ordinance, violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The Planning Commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section

17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Appeals of the decision of the Planning Commission may be made to the City Council as provided in Section 17.38.120 of the Zoning Ordinance. Please note, pursuant to Section 17.38.050, following the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use permit on the same or substantially the same site shall be filed within one year from the date of the revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council.

BACKGROUND INFORMATION
General Plan Land Use Designation: Office
Zoning: O-C (Office-Conversion)
Surrounding Zoning and Land Use: North: Not applicable / Noble Avenue, State Highway 198 South: R-M-2 (Multifamily Residential, 3,000 sq. ft. minimum site area) / Single and multifamily residences
East: R-M-2 / Single and multifamily residences
West: O-C, R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) / Single and multifamily
residences
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Related Project
On September 9, 2019, Conditional Use Permit No. 2019-27 was approved by the Visalia Planning Commission allowing a massage therapy business to operate in an existing 1,182 square foot building in the O-C Zone. As part of the approval, conditions where applied requiring removal of an existing nonpermitted sea train prior to operation of the use and permitting of existing non-permitted metal gate and fencing. A copy of the staff report and resolution are attached to this report as Attachment “C”.

PROJECT ANALYSIS
Revocation Request
Staff recommends the revocation of Conditional Use Permit No. 2019-27 based on the operator/owner’s failure to comply with the terms and conditions of the CUP and the VMC. Upon issuing the Cease-andDesist order, staff conducted a review of the CUP and site address and noted the following violation, which is noted in Attachment “A” as follows:

1. Case No. CE240927: During an inspection of the site conducted June 7, 2024, by Neighborhood Preservation staff, it was observed that the massage establishment owner or employee conducted unpermitted construction work within the premises, installing a shower and related plumbing without a Building Permit. It was also observed that two massage beds appeared to be set up for personal use, with bedding, pillows, and adjacent night stands for personal item storage. Personal effects, such as underwear, were also observed hanging from the makeshift shower. The facility also contained kitchen items in areas outside of the designated break room, such as cutting boards with food scraps, plastic wrap, bowls, liquid containers, and crock pots.

Based on the type of items found on the site, City staff concluded the owner or employees were also living in the commercial suite where the massage establishment is located. The commercial suite is not intended for human habitation and did not meet housing requirements. Unsafe conditions were also observed onsite. Specifically, staff noted that the unpermitted shower unit was sitting atop a wooden pallet with electrical cords from a lamp and washing machine strewn in and around the shower. Photographs taken during the inspection depicting the above conditions are provided in Exhibit “E”.

During the June 7, 2024, site inspection, Neighborhood Preservation staff also discovered that massage establishment employees working onsite where not in compliance Business Tax regulations pertaining to massage establishments. Specifically, massage establishment employees were found not to have registered with the City of Visalia, nor maintained active CAMTC certifications. CAMTC certifications were also not displayed onsite. The massage establishment owner or employee also did not properly mount fire extinguishers, nor maintain fire and carbon monoxide detectors onsite. Lastly, Neighborhood Preservation staff observed that the massage establishment owner or employee were operating the use in violation of conditions of approval applied to the CUP. Specifically, an unpermitted sea train container on the premises was not removed prior to operation, and Building Permits where never obtained for an unpermitted gate and fencing onsite.

The City Council adopted the urgency ordinance to further ensure the City of Visalia properly regulates massage establishments in compliance with adopted state statutes, while also imposing reasonable conditions on the operation of massage establishments, in the interim, until more specific regulatory changes to the Visalia Municipal Code are further considered. These efforts, along with the existing Municipal Code requirements, are intended to avoid the potential threat this type of establishment may have if massage businesses operate in a manner that result in negative impacts to the public’s peace, health, safety, and welfare. In addition to adopting these measures, the City Council expressed zero tolerance for businesses caught operating in a manner resulting in illicit and/or nuisance activities. 2152
As noted above, the massage establishment at this location was found to be operating in a manner of non-compliance with both state and local codes and regulations and conditions adopted for the CUP resulting in the massage establishment being a threat to the public health, safety, or welfare of the surrounding residential areas. As such, staff is requesting the Planning Commission revoke CUP No. 2019-27 due to the owner/operator failing to comply with the conditions adopted for this CUP and for violating Municipal Code requirements for massage establishments.

The subject property contains an office building that was permitted in 2019 for use as a massage establishment through the CUP process. City staff consider a massage establishment use to present different property management issues compared to other types of professional/administrative office uses. The CUP requires that massage establishments comply with applicable laws and regulations, while failure to comply with these rules can result in fines/penalties to the massage establishment operator and, potentially, the property owner. The property owner, as the holder of the CUP, is also responsible for ensuring that the requirements of the CUP are met for the CUP to continue “running with the land”. City staff is recommending the CUP be revoked based on the failure of the CUP requirements to be met. The referenced conditions set forth in the CUP were clear; obtain permits for the unpermitted gate and fence and remove the container on the property prior to opening the massage business. However, none of these conditions were completed before the massage business opened.

In addition, City staff noted multiple code violations that raise concerns over how the building is being managed. As noted above, persons living in the commercial unit is a serious violation, as is unpermitted construction that creates an unsafe environment, and conducting business via unlicensed/unpermitted employees. The noted violations indicate a lack of oversight over operations conducted on the subject property, which creates the potential for conditions to occur that are detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. The massage establishment owner appears to have difficulty enforcing CUP requirements and making sure that tenants comply with VMC requirements. Staff therefore recommends the CUP be revoked.

Massage Establishment Business Owners
The massage establishment located at 500 South Santa Fe Street has changed business owners twice since the conditional use permit was approved. The initial applicant for Conditional Use Permit No. 2019-27 (Yuzhen Yang) never obtained a business license. Instead, the business was first initiated by Zhi Bin Liu, who obtained a business tax certificate and operated the use from July 1, 2019, to November 15, 2019. A business tax certificate was then issued to Ya Gui Li for the massage business, with additional certificates issued to massage therapists Yulian Li and Chunmei Xiao. These business tax certificates were active from November 2019 to June 7, 2024, when the massage establishment was shut down.

Property History
Staff researched the property record for 500 South Santa Fe Street to determine if there are any other active conditionally permitted uses associated with the subject site. Staff’s review found no other conditionally permitted uses operating at this location. In addition, staff researched if other code violations have been issued against this property and found two, Case No. CE191034 for temporary banner signage without a permanent sign onsite, and Case No. CE230128, for damage caused by a vehicle colliding into the building.

Current City of Visalia Regulations
VMC Chapter 5.68 (Massage Establishments) delineates permitting standards intended to comply with California law and establish health and safety guidelines for massage establishments. The recent adoption of Ordinance No. 2024-05 expands on the provisions of VMC Chapter 5.68 as well as Title 17 (Zoning). A copy of Section 5.68 and Ordinance No. 2024-05 are attached to this report as Attachment “D”.
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RECOMMENDED FINDINGS

1. That the massage establishment is in violation of Conditional Use Permit No. 2019-27, Title 5 Business Regulations Chapter 5.68 “Massage Establishments” of the Visalia Municipal Code, and state and local regulations.

2. That continuing to allow a massage establishment under the current Conditional Use Permit may have a negative impact on surrounding businesses and neighborhood due to the repeated failures of massage establishments at this location to meet applicable requirements.

3. That the Notice of Conditional Use Permit Suspension was issued by the City of Visalia on June 21, 2024, pursuant to Section 17.38.040 of the Zoning Ordinance.

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe Street, Visalia California. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.

Attachments:
• Resolution No. 2024-47
• Attachment “A” – Notice of Conditional Use Permit Suspension • Attachment “B” – Cease and Desist Letter
• Attachment “C” – Conditional Use Permit No. 2019-27 Planning Commission Staff Report and Resolution No. 2019-51
• Attachment “D” – Visalia Municipal Code Applicable Chapters, Massage Urgency Ordinance, and Conditional Use Permit No. 2019-27 Conditions of Approval - Chapter 5.68 (Massage Establishments)
- Chapter 8.20 (California Fire Code)
- Chapter 15.08 (California Building Code)
- Chapter 15.20 (California Plumbing Code)
- Chapter 15.24 (California Mechanical Code)
- Chapter 15.28 (California Electric Code)
- Chapter 17.25 (Uses In The Commercial, Mixed Use, Office, and Industrial Zones) – 2017 - Chapter 17.38 (Conditional Use Permits)
- City Council Urgency Ordinance No. 2024-05
- Conditional Use Permit No. 2019-27 Conditions of Approval • Attachment “E” – June 7, 2024, Site Pictures
• Aerial Map
• Location Map
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Resolution No. 2024-47
RESOLUTION NO. 2024-47

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF VISALIA APPROVING A REQUEST BY THIS CITY OF VISALIA, PURSUANT TO MUNICIPAL CODE SECTION 17.38.040, TO REVOKE CONDITIONAL USE PERMIT NO. 2019-27, WHICH ALLOWS THE OPERATION OF A MASSAGE THERAPY BUSINESS AT 500 SOUTH SANTA FE STREET, LOCATED IN THE O-C (OFFICE CONVERSION) ZONE (APN: 097-121-023).

WHEREAS, Conditional Use Permit No. 2019-27 was a request to allow massage therapy establishment in the Office Conversion (O-C) zone located at 500 South Santa Fe Street; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on September 9, 2019, and found the Conditional Use Permit No. 2019-27, as conditioned, to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, on June 7, 2024, Code Enforcement Officers with the Neighborhood Preservation Division conducted a site inspection of the massage establishment located at 500 South Santa Fe Street as part of its program of compliance inspections for massage therapy uses, and upon inspection of the business found violations of Visalia Municipal Code Chapters 5.68, 8.20, 15.08, 15.20, 15.24, 15.28, 17.25, 17.38, violations of City Council Urgency Ordinance No. 2024-05, and violations of Conditional Use Permit No. 2019-27 conditions of approval. A Cease-and-Desist order was issued and posted on the business door and the business was ordered to cease operations until further notice; and
WHEREAS, on June 21, 2024, a Notice of Conditional Use Permit Suspension letter, pursuant to Section 17.38.040 of the Zoning Ordinance, was sent by certified mail to both the property owner and business operator informing them that the conditional use permit is being suspended and a public hearing was being set to determine if the conditional use permit should be revoked; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on August 12, 2024; and WHEREAS, the Planning Commission of the City of Visalia has considered the request for revocation of the Conditional Use Permit in accordance with Sections

17.38.040, 17.38.080, 17.38.090, 17.38.100 and 17.38.110 of the Zoning Ordinance of the City of Visalia; and
WHEREAS, the Planning Commission of the City of Visalia finds the owner/operator of said massage therapy establishment to be in violation of the terms and conditions of approval of the Conditional Use Permit based on the evidence contained in the staff report and testimony presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:
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Resolution No. 2024-47

1. That the massage establishment is in violation of Conditional Use Permit No. 2019- 27, Title 5 Business Regulations Chapter 5.68 “Massage Establishments” of the Visalia Municipal Code, and state and local regulations.

2. That continuing to allow a massage establishment under the current Conditional Use Permit may have a negative impact on surrounding businesses and neighborhood due to the repeated failures of massage establishments at this location to meet applicable requirements.

3. That the Notice of Conditional Use Permit Suspension was issued by the City of Visalia on June 21, 2024, pursuant to Section 17.38.040 of the Zoning Ordinance.

BE IT FURTHER RESOLVED that the Planning Commission hereby approves the revocation of Conditional Use Permit No. 2019-27 on the real property here described in accordance with the terms of this resolution under the provisions of Section

17.38.110 of the Ordinance Code of the City of Visalia. 2156
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VISALIA MUNICIPAL CODE
CHAPTER 5.68 – Massage Establishments

5.68.010 Declaration of purpose and intent.

A. This chapter establishes permitting standards intended to comply with California law and establish health and safety guidelines for massage establishments.

B. This chapter is not intended to be exclusive and compliance will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety code laws and regulations applicable to professional or personal services businesses.

C. This chapter establishes a local regulatory system that allows only state certified massage therapists and massage practitioners to operate within the city. This chapter is not intended to regulate massages that are not part of a business occupation. This chapter is also intended to allow a transitional period for certain existing massage practitioners to continue practicing while they obtain state certification before December 31, 2013, and to coordinate the timing of the city's business license renewals with the state massage certification process. (Ord. 2012-05 § 2 (part), 2012)

5.68.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in the Visalia Municipal Code, the California Business and Professions Code, or the California Government Code.
"California Massage Therapy Council (CAMTC)" means the California Massage Therapy Council created pursuant to California Business and Professions Code § 4500.5(a). "Certified massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC, and who administers massage for compensation.
"Certified massage therapist" means a person who is currently certified as a massage therapist by the CAMTC, and who administers massage for compensation.
"City" means the city of Visalia.
"Police chief" means the police chief of the city of Visalia or the authorized representatives thereof. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. (Exclusions to this chapter are also described in Section 5.68.110. This chapter is not intended to regulate massages that not part of a business occupation.)
"Massage establishment" means and includes any business enterprise or establishment, parlor, or any room, place or institution within a business establishment where massage is given or administered by a massage technician as a paid service.
"Massage technician" means any person, who gives, performs or administers to another person a massage for any form of consideration.
"Out-call massage service" means any business that provides, refers or otherwise facilitates massage for any consideration at a nonfixed location.
"Person" means and includes person(s), firms, corporations, partnerships, associations or other forms of business organization or group.
"Recognized school" means a school of massage, recognized by the state of California which: (i) teaches the theory, ethics, practice, profession and work of massage; and (ii) requires a residence course of study to be given and completed before the student is furnished with a diploma or certificate of learning or completion; and (iii) has been approved by the state of California Consumer Affairs Bureau pursuant to Education Code § 94915, or, if said school is not located in California, has complied with the standards commensurate with those specified in said § 94915, or a school of equal or greater training that is approved by the corresponding agency in another state, or accredited by an agency recognized by the United States Department of Education.

Attachment “D”
2196
"Specified anatomical areas" means and includes any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola. "Specified sexual activities" means and includes all of the following:

A. Fondling or other erotic touching of specified anatomical areas; B. Sex acts including, without limitation, intercourse, oral copulation, or sodomy; C. Masturbation; or
D. Excretory functions as part of or in connection with any specified sexual activity listed in this definition. "Unrecognized school" means any school of massage that does not meet the definition of "recognized school" but teaches or purports to teach the theory, ethics, practice, profession or work of massage. (Ord. 2012-05 § 2 (part), 2012)

5.68.030 Administration.

The chief of police is authorized to administer this chapter and to promulgate administrative policies and procedures required to implement the regulations set forth in this chapter. (Ord. 2012-05 § 2 (part), 2012)

5.68.040 Certifications required.

A. Massage establishment. It is unlawful for any person to own, operate or maintain a massage establishment unless all massage technicians employed by the massage establishment hold a current, valid certification from the CAMTC as a massage practitioner or massage therapist or qualify under the limited exceptions described in this chapter.

B. Massage technician. It is unlawful for any person to engage in, or carry on, the business or activities of a massage technician without a certification from the CAMTC as a massage practitioner or massage therapist or qualify under the limited exceptions described in this chapter.

C. Out-call massage service. It is unlawful for any person to own, operate, or maintain, an off-premise massage service in the city unless all massage technicians employed by the off-premises massage service hold a current, valid certification from the CAMTC as a certified massage practitioner or certified massage therapist or qualify under the limited exceptions described in this chapter.

D. The city recognizes that some massage therapists and massage practitioners currently practicing in Visalia may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements particularly changes in requirements concerning hours of schooling although the person has been in practice for a significant period. The city will therefore allow such persons that were working within Visalia prior to the passage of this chapter under this "grandfather exception" without certification from the CAMTC if the requirements stated below are met.

The person seeking this exemption must show to the satisfaction of the city police department that he or she worked as a massage therapist or massage practitioner in the city prior to July 1, 2012, which is after the effective date of this chapter. The person must also provide evidence to the city that he or she has certification or proof of training in the field from a school or another entity comparable to the CAMTC and has been working as a massage therapist or massage practitioner for a period of at least five (5) years. Finally, the person must provide evidence that they attempted to obtain certification from the CAMTC but were denied and provide the reasons for the denial to show despite their existing training and experience they were not able to qualify for certification from CAMTC.

Persons that are granted an exemption from the CAMTC certification requirement by the city will still be required to meet all other terms of this chapter including but not limited to the background check required of massage establishment owners that are not certified by the CAMTC. All persons under this exemption will be required to display, in the same manner this chapter requires the display of CAMTC certification, a separate statement from the city to show that the person has met the requirements of this exemption. This exemption must be renewed annually and the city may establish a non-refundable fee to recover costs associated with such annual renewals.
(Ord. 2012-05 § 2 (part), 2012)

5.68.050 Massage establishment owner background check required.

A. Any person, association, partnership, or corporation desiring to operate a massage establishment, that will own five percent (5%) or more of the massage establishment, and that is not a certified massage practitioner or certified massage therapist, (meaning certified by the CAMTC) must make an application to the chief of police for an investigation of the applicant's background and history. A fee to recover costs of the background check 2197
must accompany the submission of each application. An annual nonrefundable renewal fee may also be charged to defray associated costs of investigation, inspection and enforcement.

B. Each applicant for a background check must submit the following information:

1. The full true name and any other names used by the applicant.

2. The present address and telephone number of the applicant.

3. Driver's license number and Social Security number.

4. The proposed address of the massage establishment.

5. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates for such address.

6. Written proof that the applicant is at least eighteen (18) years of age.

7. Applicant's height, weight, and color of eyes and hair.

8. Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within four (4) months preceding the date of the application.

9. Applicant's business, occupation and employment history for the five (5) years immediately preceding the date of application.

10. The business license or permit history of the applicant, including whether such applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation.

11. All criminal convictions for any of the offenses set forth in this chapter, and a statement of the dates and places of such convictions.

12. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one (1) or more partners is a corporation, the provisions of this section pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one (1) of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one (1) application fee will be charged.

13. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property is required for each massage establishment permit location.

14. The full true names and other names used, the present addresses and telephone numbers, driver's license numbers, and Social Security numbers, and state certificates from the CAMTC or transitional licenses for all massage technicians who will be working as employees or independent contractors at each massage establishment permit location. The applicant must provide the chief of police with any changes in the massage technicians that work at the massage establishment during the permit period within ten (10) working days of each change.

15. The chief of police may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.

16. Such other identification and information as may be required by the chief of police in order to verify the information to be included in the application.

C. The city is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the police department, fire department, building and safety division, planning division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter. Upon completion of the inspection, the city representative must inform the chief of police in writing of the findings of the inspection. Background clearance will be issued, within sixty (60) days of receipt of the application, to any applicant who has furnished all of the information required by this section in the application for such license, provided all of the following apply:

1. The applicant has not made a material false statement in the application and that all massage technicians who will be working as employees or independent contractors at each massage establishment permit location possesses certification from the CAMTC as a massage practitioner or massage therapist; 2198

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or holders of five percent (5%) or more of the corporation's stock, has not, within five (5) years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: Penal Code §§ 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647(a, b, d); any offense requiring registration under Penal Code § 290 or Health and Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code §§ 11054 to 11058, as amended; or any offense in another state which, if committed in California, would have been punishable as one (1) or more of the heretofore mentioned offenses; or any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude;

3. The applicant, if an individual, is at least eighteen (18) years of age;

4. The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended within one (1) year or revoked within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.
(Ord. 2012-05 § 2 (part), 2012)

5.68.060 Additional requirements.

Before operating a massage establishment in the city, massage establishment owners must comply with all applicable codes adopted by the city, including, without limitation, the building, electrical, and plumbing codes.

Hours of operation. Massage establishments shall only offer massage services between the hours of 7:00 a.m. and 10:00 p.m. and no patrons for massage services shall be allowed on the premises after 10:00 p.m. or before 7:00 a.m. Pacific Standard Time.
(Ord. 2012-05 § 2 (part), 2012)

5.68.070 Display of permit.

Any owner of a massage establishment or off-premise massage service must display the CAMTC certificates for all massage technicians prominently in a conspicuous place, capable of being viewed by customers or city representatives, at every location where massage is performed or conducted.

For off-premise massage services, massage workers must also carry a copy of their CAMTC certificate and display it to customers upon request.

Any persons operating under the limited exception described in Section 5.68.040(D) must display the statement from the city documenting their exemption from the CAMTC certification prominently in a conspicuous place capable of being viewed by customers or city representatives, or carry it with them for off-premise massage services.
(Ord. 2012-05 § 2 (part), 2012)

5.68.080 Massage technician certificates required.

It is unlawful for owners of massage establishments or off-site massage services to allow any person to perform massage that is not a certified massage therapist, a certified massage practitioner, or has obtained one (1) of exceptions described in this chapter.
(Ord. 2012-05 § 2 (part), 2012)

5.68.090 Prohibited conduct.

A. It is unlawful for any massage technician or any other employee working in a massage establishment or for an out-call massage service, or customers, patrons, or guests of the establishment or service, to engage in any specified sexual activities upon the premises of the massage establishment or the off-premise massage location.

B. It is unlawful for any massage technician or other employee of a massage establishment to expose specified anatomical areas in the presence of any patron, customer, or guest.

C. In the course of administering the massage, it is unlawful for any massage technician or other massage establishment employee to make intentional physical contact with the specified anatomical areas of any customer, patron or guest.
(Ord. 2012-05 § 2 (part), 2012)
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5.68.100 Facilities and operations.

A. It is unlawful for any massage establishment to operate unless the massage establishment premises and operation comply with the following minimum requirements:

1. Signs. A readable sign must be posted at the main entrance identifying the establishment as a massage establishment, provided, however, that all such signs must otherwise comply with the sign requirements of this code.

2. Disinfection of instruments. Instruments used for massage must be disinfected before each use. Where instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.

3. Water. Hot and cold running water must be provided at all times.

4. Linen storage. Closed cabinets must be utilized for the storage of clean towels and linen. After use, towels and linen must be removed and stored in a separate container until laundered.

5. Sanitary conditions. All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the massage establishment must be kept in good repair and be maintained in a clean and sanitary condition.

6. Clean linen. Clean and sanitary towels and linens must be provided for patrons receiving massage services. No common use of towels or linens is permitted.

7. Compliance with laws. The premises to be used must at all times comply with all applicable state and local laws and regulations.

B. A register of all individuals employed as massage technicians, and copies of their current CAMTC certifications and massage technician business licenses, must be maintained and available for inspection at all times during regular business hours.

C. Each person present in any area of the massage establishment outside the waiting area or other areas open to any member of the public must be a certified massage practitioner or certified massage therapist or the massage establishment owner.

D. The permits and certifications required by this chapter must be displayed in an open and conspicuous public place on the premises.
(Ord. 2012-05 § 2 (part), 2012)

5.68.110 Exceptions.

This chapter does not apply to the following classes of individuals, and no CAMTC certification is required of such persons, while engaged in the performance of the duties of their respective professions:

1. Acupuncturists who are duly certified to practice their profession in the state of California.

2. Barbers, beauticians, and cosmetologists with respect to scalp massage, who are duly permitted pursuant to Business and Professions Code §§ 7301, et seq., in accordance with the limitations of their permits.

3. Persons employed or working at a licensed athletic facility.

4. Medical facilities in which massage is performed as prescribed treatment only on patients of the medical facility.

5. Nurses who are registered or certified as such under the laws of the state of California.

6. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly permitted to practice their respective professions in the state of California, or provide professional services in lawful compliance with Corporations Code § 13401(a).

7. Recognized schools of massage.

8. Businesses where a massage is performed while the person sits in a chair, such as head and neck massage, foot massage, or as part of a manicure or pedicure, and performed in public view or in a open common room.

9. Massage establishments or out-call massage services that are operating pursuant to a duly issued city business license that is issued prior to the effective date of this chapter shall have until December 31, 2013 to meet the state certification requirement described in Section 5.68.040 and any posting of such requirements detailed in other provisions.

10. This chapter is not intended to regulate massages that are not part of a business occupation. (Ord. 2012-05 § 2 (part), 2012)

5.68.120 Public nuisance abatement.

Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance. The city attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for abatement, removal or enjoinment of such 2200
massage establishment in the manner provided by law. The city attorney may seek a court order to grant such relief to abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. (Ord. 2012-05 § 2 (part), 2012)

5.68.130 Revocation.

A. Grounds for revocation. The police chief or city attorney may revoke approvals issued under this chapter for one (1) or more of the following grounds:

1. Fraud or deceit. That the applicant practiced fraud or deceit in obtaining an approval under this chapter;

2. Violation of chapter. That the massage establishment owner, operator, massage technician, or its employee violated a provision or provisions of this chapter;

3. Criminal conviction. That the massage establishment owner, operator, massage technician, or its employee has been convicted in a court of competent jurisdiction of any offense described in this chapter;

4. Improperly maintained facilities. That the facilities and operations of the massage establishment are not kept in compliance with this chapter and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified. For purposes of this subsection, "notice" means notice given personally, or by leaving notice at the massage establishment premises, or by first class mail, postage prepaid, to the address designated by the massage technician or establishment in accordance with this chapter;

5. Employment of uncertified technicians. That the massage establishment has employed, allowed or permitted an uncertified person to perform massage in the massage establishment;

6. Error. That the approval was issued in error;

7. Civil penalties. Assessment of three (3) or more civil penalties as provided by this chapter during any six (6) month period; or

8. Prohibited conduct. A massage establishment owner, operator, massage technician, or its employee or agent has been found to have engaged in prohibited conduct in violation of this chapter.

9. Notice of revocation. Upon a determination on the grounds to revoke an approval under this chapter, the police chief or city attorney must cause a notice of revocation to be mailed by first class, postage prepaid mail, to the address designated by the massage technician or establishment pursuant to this chapter. (Ord. 2012-05 § 2 (part), 2012)

5.68.140 Enforcement and penalties.

A. Any person violating any provision of this chapter is liable in a civil action brought by the city attorney for an amount up to $500 per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the city attorney in any civil proceeding filed to enforce this chapter. Each day that a violation continues may be considered a new and subsequent offense.

B. Alternatively the city may choose to enforce violations through the administrative code enforcement process described in Chapter 1.13 of the Visalia Municipal Code, with violations being punishable with a $100 fine for the first violation, a $200 fine for the second violation, and a $500 fine for the third and subsequent violations. Each day that a violation continues may be considered a new and subsequent offense.

C. Enforcing this chapter through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful. A civil or administrative action cannot be filed if the person is being criminally prosecuted.

D. The city attorney may settle any civil enforcement before or after to the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in this section. If such civil penalty is paid in full, the city attorney can agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action. Imposition of all civil penalties is public record. (Ord. 2012-05 § 2 (part), 2012)

5.68.150 Appeal.

After denial of an application for a massage establishment regulatory permit (the term permit includes the "grandfather exception" to CAMTC certification described in Section 5.68.040), or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may appeal the decision to the city manager, or designee, by filing a written notice with the city clerk within ten (10) business days from the receipt of the notice of denial. The city manager or representative shall hold a hearing on the appeal within thirty (30) business days from the receipt of the notice by the city clerk. The decision of the city manager, or designee, following the hearing shall be final and conclusive. There is no appeal to the City 2201
Council. If the denial, suspension or revocation is affirmed on review the applicant or permittee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The time for filing such action is governed by California Code of Civil Procedure § 1. (Ord. 2012-05 § 2 (part), 2012)

VISALIA MUNICIPAL CODE
Chapter 8.20 California Fire code

8.20.010 Adoption of the 2022 California Fire Code.

A. There is adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain document, not less than one copy is filed in the office of the Fire Department and one in the office of the Building Division of City of Visalia, being marked and designated as the California Fire Code, 2022 edition published by the International Code Council, including Appendix Chapters 4 (Special Detailed requirements Based on Use and Occupancy), B (Fire-Flow Requirements for Buildings), C (Fire Hydrant Locations and Distribution), D (Fire Apparatus Access Roads as amended by section L), H (Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions), I (Fire Protection Systems-Noncompliant Conditions), N (Indoor Trade Shows and Exhibitions) and O (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Visalia, in the State of California
regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the office of the City of Visalia are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed this section 8.20.010.

B. All further references shall be to the 2022 California Fire Code, in Subsection 101.1 of the, the term "City of Visalia" shall be inserted.

C. Subsection 104.3.1.1. Warrant cost recovery, is added to read as follows:
104.3.1.1 Warrant cost recovery. Cost to the City of Visalia for obtaining and executing an Inspection Warrant is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property. Recovery costs may include staff time, legal fees, and court fees.

D. Subsection 111.1 Board of Appeals is amended to read as follows:
111.1 Appeals. See local Ordinance, Appeals Section 8.20.07.

E. Subsection 111.1 through 111.4 shall be deleted in their entirety.

F. Subsection 112.4 Change: Violation penalties, is amended to read as follows:
112.4 Violations penalties. Persons who shall violate a prevision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or a permit or certificate used under provision of this code, shall be guilty of a misdemeanor, infraction or both. Penalties shall be as prescribed in local Ordinance Section 1.12.010. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

G. Subsection 112.5 Cost of abatement, is added to read as follows:
112.5 Cost of abatement. Cost of abatement is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property. Property owners shall be notified of any action taken as soon as possible. Recovery costs may include staff time, contractor's costs, legal fees and any and all cost associated with the abatement.

H. Subsection 113.4 Change: Failure to comply, is amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine prescribed in local Ordinance Section 1.12.010.

I. Subsection 107.7 Added: Visalia Fire Department Fee Schedule, is added to read as follows: 107.7 Visalia Fire Department Fee Schedule. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspections services, and for the issuance 2202
of permits pursuant to Section 105 of this Code. In addition, this schedule may include a fire service Cost Recovery fee to be charged to any person, firm, corporation, or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Department and shall be available for public inspection.

J. Subsection 105.5.34 Exception, is amended to read as follows:
105.6.32 Exception: Recreational Fires, see Visalia Municipal Code Ordinance, Open Burning, Section

8.44.010.

K. Subsection 903.3.8.4.1 shall be added to read as follows:
903.3.8.4.1 Tamper Protection. All exterior risers, drain/test valves and backflow devices shall be protected from unauthorized tampering by approved means. Protection method shall be indicated on building plans.

L. Subsection C103.4 Buildings provided with a fire sprinkler system, is added to read as follows:

C103.4 Buildings provided with a fire sprinkler system. Any newly constructed building provided with a NFPA 13 or NFPA 13R fire sprinkler system shall provide a fire hydrant within fifty (50) feet of the fire department connection. Where an existing building is retrofitted with a NFPA 13 or NFPA 13R fire sprinkler system a fire hydrant shall be provided within seventy-five (75) feet of the fire department connection.

C103.4.1 An additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) may be granted by the Fire Marshal when a fire sprinkler system density is designed with an additional 25%.

Exceptions: The additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) shall not be permitted for Pipe scheduled and ESFR sprinkler systems.

M. Section D106 where required, "apparatus access roads" shall be available to public travel at all times.

N. Subsection D107.1 Shall read as follows:

One- or two-family dwelling residential developments. Developments of one- two family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved access roads available to public travel at all times.

O. Subsection D107.1 , Exception 1. shall be deleted in its entirety. (Ord. 2022-15 § 2 (part), 2022 )

8.20.020 Establishment authority and responsibilities.

A. The fire marshal under the authority of the fire chief is hereby authorized to enforce the provisions of the California Fire Code and shall have the authority to render interpretations of the code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the code and shall not have the effect of waiving requirements specifically provided for in the code.

B. The fire marshal may authorize fire inspectors and other members of the fire department as deemed necessary to enforce the provisions of the fire code.

C. A report of the fire prevention division shall be made annually to the city manager as part of the fire departments annual report. The fire marshal under the authority of the fire chief shall also recommend any amendments to the code which, in his/her judgment are desirable. (Ord. 2022-15 § 2 (part), 2022)

8.20.030 Definitions.

Fire Code Official. Whenever the term "fire code official" is used in the California Fire Code, it means fire marshal of the fire department.

Municipality. Whenever the term "municipality" is used in the California Fire Code, it means the City of Visalia.
(Ord. 2022- 15 § 2 (part), 2022)

8.20.040 Establishment of limits of storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases.

The limits referring to storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases in the California Fire Code is to be restricted shall be regulated by the city zoning ordinance.

Where the zoning ordinance is silent about the permitted or conditional use the omission shall be considered prima facie evidence of clear intent to prohibit the act. (Ord. 2022-15 § 2 (part), 2022)
2203

8.20.050 Modifications.

Where there are practical difficulties involved in carrying out the provisions of this code, the fire marshal shall have the authority to grant modifications for individual cases, provided the fire marshal shall first find that special individual reason makes the strict letter of the code impractical, and the modification is in compliance with the intent and purpose of the code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention.
(Ord. 2022-15 § 2 (part), 2022)

8.20.060 Alternative materials and methods.

The fire marshal shall have power to approve alternative materials and methods where he or she finds that the proposed design is satisfactory and complies with the intent of the provisions of the California Fire Code.

Where the alternative material, design or method of construction is not approved, the fire marshal shall respond in writing, stating the reasons why the alternative was not approved. (Ord. 2022-15 § 2 (part), 2022)

8.20.070 Appeals.

Whenever the fire marshal and or chief of the fire department disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire marshal and or chief of the fire department to the city manager within thirty (30) days from the date of the decision.
(Ord. 2022-15 § 2 (part), 2022)

8.20.080 New materials, processes or occupancies which may require permits.

A. The city manager, the chief of the fire department, fire marshal and the chief building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancy, which shall require permits, in addition to those now enumerated in said code.

B. The fire chief shall post such list in conspicuous place in his/her office and distribute copies thereof to interested persons.
(Ord. 2022-15 § 2 (part), 2022)

8.20.090 Capacity of tank trucks.

The capacity of compartments of tank trucks used in the delivery of Class I flammable liquids in retail lots and for retail purposes within the city shall be limited to one thousand two hundred (1 ,200) gallons. (Ord. 2022-15 § 2 (part), 2022)

8.20.100 Special permits.

The chief of the fire department may, at his discretion, issue special permits for the entrance into the city of tank trucks of greater than one thousand two hundred (1,200) gallon compartment capacity for the purpose of making delivery of Class I flammable liquids to retail distribution stations, but not otherwise; provided, such permits shall be restricted to deliveries at locations where unusual hazards will not be created by such larger capacity trucks; provided, that no such tank trucks, carrying Class I flammable liquid, shall be parked or left unattended on any street, highway, avenue or alley of the city. (Ord. 2022-15 § 2 (part), 2022)

8.20.110 Penalties.

Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the city attorney or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor or infraction as determined by the city attorney, and shall be assessed administrative penalties pursuant to the 2204
provisions of Chapter 1.13 of the Visalia Municipal Code. These penalties may accrue and each day the property is not in compliance shall be considered another violation.

VISALIA MUNICIPAL CODE
Chapter 15.08 – California Building Code

15.08.010 Adoption of the 2022 California Building Code.

A. That certain building code, in book form known and designated as the 2022 California Building Code, Title 24, Part 2, Volumes 1 and 2, and published by The International Code Council, is adopted as the Building Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Included specifically are 2022 California Building Code Appendices B (Board of Appeals), C (Group U - Agricultural Buildings), F (Rodent proofing), H (Signs), I (Patio Covers), J (Grading) and P (Emergency Housing).

C. Reference is made to three copies of the 2022 California Building Code, one copy filed in the office of the city clerk and two copies filed in the office of Building Safety Division of the city, which are now filed for full particulars of said Building Code.

VISALIA MUNICIPAL CODE
Chapter 15.20 – California Plumbing Code

15.20.010 Adoption of the 2022 California Plumbing Code.

A. That certain plumbing code, in book form known and designated as the 2022 California Plumbing Code, Title 24, Part 5 as Published by the International Association of Plumbing and Mechanical Officials prepared and published by the International Association of Plumbing and Mechanical Officials, based on the 2021 Uniform Plumbing Code adopted as the plumbing code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Plumbing Code Appendix A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm Water Drainage Systems), H (Private Sewage Disposal Systems), I (Installation Standards for PEX Tubing 2205
Systems for Hot- and Cold-Water Distribution), and J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design).

D. Section 808.0 of said California Code is amended to read as follows:

Section 808.0, Cooling Water. Discharge of cooling water into the sanitary sewer system is prohibited. Refer to Section 13.08.500 of City of Visalia Municipal Code (Prohibition on Unpolluted Water).

E. Reference is made to three copies of the 2022 California Plumbing Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said Plumbing Code.

VISALIA MUNICIPAL CODE
Chapter 15.24 – California Mechanical Code

15.24.010 Adoption of 2022 California Mechanical Code.

A. That certain mechanical code, in book form known and designated as the 2022 California Mechanical Code, Title 24, part 4 as Published by the International Association of Plumbing and Mechanical Officials, based on the 2021 Uniform Mechanical, adopted as the mechanical code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, including the appendices, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Mechanical Code Appendix B (Procedures to be followed to Place Gas Equipment into operation) and C (Installation and testing of oil (liquid) fuel-fired equipment).

D. Reference is made to three copies of the 2022 California Mechanical Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said Mechanical Code.

VISALIA MUNICIPAL CODE
Chapter 15.28 – California Electric Code

15.28.010 Adoption of the 2022 California Electrical Code.

A. That certain electrical code, in book form known and designated as the 2022 California Electrical Code, Title 24, Part 3, Published by BNI Productions, Inc. based on the 2020 National electrical code, copyright 2019 National Fire Production Association, is adopted as the Electric Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase, or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of 2206
competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 89.108.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Electrical Code Annexes A and B.

D. Reference is made to three copies of the 2022 California Electrical Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said electrical code.

VISALIA MUNICIPAL CODE
Chapter 17.25 – Uses In The Commercial, Mixed Use, Office, and Industrial Zones (2017)

17.25.010 Purpose and intent.

No structure, or any part thereof, shall be erected, enlarged, or reduced, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zone district in which such structure, land, or site is located, except as otherwise authorized by this title.

17.25.020 Applicability
The requirements in this chapter shall apply to all property within the following zone districts:

17.25.030 Commercial, Office, and Industrial Zone Use Table A. The following table (Table 17.25.030) identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-N, C-R, C-S, C-MU, D-MU, O-PA, O-C, BRP, I-L, and I zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are listed alphabetically, with some uses grouped by type under a general heading.

D. Land uses with specific land use prohibitions or standards shall meet the requirements found in the identified Chapter or Section in the last column of the table.

Table 17.25.030
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
A
AGRICULTURAL - FARMING 17.08
A1 Beekeeping
A2 Farmers' Market P P
A3 Grain Elevators/Silos
2207
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
A4 Greenhouses (commercial growers) P
A5 Horse stables/Ranch (3 or more horses)
A6 Limited Raising of Small Animals,
Livestock, and fowl on a Domestic
Noncommercial Scale (2 cows, 4
sheep, goats, no pigs)
A7 Raising of Livestock and Fowl, except
Stockyards (commercial)
A8 Raising of Field, Truck or Orchard
Crop & Horticultural Specialties P P P P
A9 Riding Academies/Stables C C
A10 Roadside Stands Selling Produce
Grown on Site T T T T T T T T T T
A11 Animal Shelters/ Humane Societies C C
AUDITORIUMS (see THEATERS)
AUTOMOTIVE (for gas stations see SERVICE STATIONS)
A12 Auto Leasing/Renting P C C
A13 Auto Dismantling/Wrecking/ Salvage
Yards C

17.32.070
A14 Auto Machine Shops P P
A15 Auto Oil, Lube & Smog Test Shops C C P P C
A16 Auto Repairs, Major-Overhauling,
Rebuilding, Painting C P C C
A17 Automotive Supplies, Parts &
Accessories C P P P
A18 Automotive Upholsterers P
A19 Boat Sales/Service P
A20 Car Washing -self service C C P C C
A21 Car Washing - automated C C P C C C
A22 Car Sales - New & Used P C
A23 Motorcycles, Sales and Service P
A24 RV/Boat Storage Yards P P
2208
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
A25 Recreational Vehicles Sales and
Service P P
A26 Tire Sales & Service (excluding major
repairs) – stand alone C P P P C
A27 Tire Sales & Service (excluding major
repairs) - located within the primary
permitted use on the site
P P P
A28 Towing/Road Service P P
A29 Truck/Trailer Sales and/or Service P C
A30 Truck Rental/Leasing P
B

BANKS & FINANCIAL INSTITUTIONS
B1 Stand-Alone Automatic Teller (ATM) P P P P P P P P P P B2 Office P P P P P P P

BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS
B3 Stand Alone P P P P P C C
B4 Located with the Primary Permitted
Use on the Site P P P P P P P
B5 Tattooist P P C P

BED & BREAKFAST ACCOMMODATIONS
B6 Traditional C C 17.32.150
B7 Inns C C 17.32.150
B8 Boarding / Rooming Houses C

BUS DEPOTS
B9 Station (passenger services) C C C
B10 Repair Yard & Shops P P P
B11 Public & Private Transfer Point C C C C C C C
C
C1 Catering Services P P P P P
C2 Cemeteries & Mausoleums 17.52
2209
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
C3 Christmas Tree Sales Lots / Other
Seasonal Commercial Uses / Special
Events

T T T T T

CHURCHES & OTHER RELIGIOUS INSTITUTIONS
C4 Up to 200 Seats C C C C C C
C5 More than 200 Seats C C C
C6 Clothing / Costume Rental P P P

COMMUNICATIONS
C7 Communications Equipment Building C P P C C C P P
C8 Radio and TV Broadcasting Studios -
with antenna off-site P P P P C P P
C9 Radio and TV Broadcasting Studios -
with antenna on-site C C P P
C10 Wireless telecommunication facilities –
more than 100 feet away from property
planned/ zoned residential

C C C C C C C P P

17.32.163
C11 Wireless telecommunication facilities -
within 100-ft of property
planned/zoned residential

C C C C C C C C

17.32.163
D

DAYCARE, LICENSED
D1 Adult - six or few adults P P P P P P P P P P
D2 Adult - 7 to 12 adults P P P P P P P P P P
D3 Adult - 13 or more adults C C C C C C C C C C
D4 Children - 8 or fewer P P P P P P P P P P
D5 Children - 9 to 14 P P P P P P P P P P
D6 Children - 15 or more C C C C C C C C C C
D7 In Conjunction with Primary Use P P P P P P P P P
D8 Drive-Thru Lanes Meeting All
Standards in Sect. 17.32.162 P P P P P P

17.32.162
D9 Drive-Thru Lanes Not Meeting All
Standards in Sect. 17.32.162 C C C C C P

17.32.162
D10 Drive-Thru Lanes in Industrial Zone C C 17.32.161
2210
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
E

EATING & DRINKING ESTABLISHMENTS
E1 Bars/Taverns - within 300 feet of any
residence/public use C C C
E2 Bars/Taverns - not within 300 feet of
any residence/public use P C
E3 Micro-breweries / micro-wineries (with
or without restaurants) C P C C C C C C

17.63 E4 Craft distilleries

P C C C C
Craft
distilleries
Permitted in

17.63 Overlay
District
E5 Cafeterias P P P P P C P C C
E6 Fast Food Restaurants

P P P P P C P
See Lines
D8 and D9
of Table

17.25.030
for Drivethru lane
zoning
requirements.

E7 Fast Food Restaurants (Industrial
Zone) C C

17.32.161
E8 Pizza/Sandwich Shops - serving
wine/beer C P P P P C P
E9 Pizza/Sandwich Shops - no alcohol P P P P P C P C C
E10 Ice Cream Shop P P P P C P
E11 Night Clubs/Discotheques C C
E12 Live Entertainment C C C 17.04
E13 Sit-Down Restaurant/Cafe - with or
without full bar using less than 25% of
public area

P P P P P P P P P
2211
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
E14 Sit-Down Restaurant/Cafe - full bar
using greater than 25% of public area C C C C C C C C
E15 Enclosed Solid Waste Transfer Stations
F
F1 Florist P P P P P C
F2 Fortunetelling / Palm Reader P 5.20

FUEL STORAGE
F4 Propane/Butane P P P
F5 Propane/Butane (maximum 2000
gallons) P P
F6 Propane/Butane within 50 feet of
Planned/zoned Residential C C C
F7 Propane/Butane within 50 feet of
Planned/zoned Residential (maximum
2000 gallons)
C C
F8 Above Ground Tanks dispensing Class
I, II, and III-A liquids - within 100 feet
of a residential use or residential zoned
property

C C C C C C C C

17.32.025
F9 Above Ground Tanks dispensing Class
I, II, and III-A liquids - more than 100
feet from a residential use or residential
zoned property

P P P P P P P P

17.32.025
F10 Pump & Underground Storage Tank
F11 Pump & Underground Storage Tank -
500 gallons or less P P
F12 Pump & Underground Storage Tank -
more than 500 gallons P P
F13 Petroleum & Petroleum Products
Storage C C
Public Fuel Dispensing (see Service
Stations)
F14 Funeral Home / Mortuary C C C C
G
2212
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
G1 Galleries – Art / Photography / Crafts P P P P C
H
H1 Home Occupation Businesses P P P P P P P P P P 17.32.030 H2 Hotels and Motels C C C C
I
J
K
K1 Kennels (located 500 feet or more from
a residential zone) C C
L

LAUNDRY / DRY CLEANERS
L1 Dry Cleaners (cleaning plant) P P P P P P
L2 Dry Cleaners (cleaning plant including
carpet/rug cleaning and dyeing) P P P
L3 Diaper Supply Service P P P
L4 Linen & Uniform Supply Service P P P
L5 Self service P P P P P
M

MANUFACTURING / ASSEMBLING
Building & Construction Trade
M1 - building materials yards (storage &
distribution) P P P
M2 - cabinetmaker/carpenter shops P P P
M3 - concrete & ready-mix manufacture &
distribution C C
M4 - contractor’s equipment storage yards P P P
M5 - drilling/dredging/ditching service P P
M6 - lumberyard (see also RETAIL) P P
M7 - sheet metal shop P P
2213
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
Chemical Products, except as more
specifically described below
(manufacturing, blending,
compounding, packaging, bottling)
M8 - laboratories (i.e., organic/inorganic) P P P
M9 - paint, dye & glue manufacturers C P
M10 - pharmaceuticals C C P P
M11 - manufacture of raw plastic materials,
colorants, liquids, powders, resins C P
M12 - soap detergent & other cleaning
preparations C P
Food & Beverage - Preparation &
Bottling/Packing & Distribution
M13 - animal & marine fats & oils (refining
& rendering) C
M14 - beer & ale distributors P P P
M15 - breweries and wineries producing
60,000 barrels or less per year P P
M16 - breweries and wineries producing
more than 60,000 barrels per year C
M17 - commercial bakeries C P P
M17 - dairy products processing &
packaging C C
M18 - fruit & vegetable brokers & shippers P P
M19 - grain, feed & flour mills P
M20 - ice manufacturers & storage P P P
M21 - meat & poultry product processing
including butchering/slaughtering C
M22 - meat and food locker, packaging P P P
M23 - nut processing (dehydrating, hulling
& drying) P
M24 - packaging of previously prepared
food items P P P P P
M25 - processing, canning & packing food
products P
2214
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
M26 - refinery for food products, i.e. sugar C
M27 - snack food preparation, packaging P P
M28 - soft drink bottling & distribution P P
M29 - vegetable oil mills P
M30 - water processing & bottling P P
M31 Flammable/Combustible Liquids C 13.32.027
M32 Heavy Equipment/Machine
Manufacture/Assembly (welding &
fabrication, i.e., agricultural equipment,
aircraft equipment parts & supplies,
large appliances, auto/truck
manufacturing, industrial machinery)
C
M33 Kiln works for clay and pottery
products P P
M34 Light Manufacturing/Assembly (i.e.,
computer hardware & parts, electric
supplies - coils, wire, cable, etc.)
C P P
Printing & Publishing Industry
M35 - desktop, blueprint & photocopy P P P P P
M36 - publishing, printing &/or binding
(newspapers, magazines, brochures,
books, etc.)

P P P P
Products Manufactured/ Assembled
from Previously Prepared Materials
M37 - manufacture of paper & plastic
packaging & cartons C P P
M38 - clothing assembly/imprinting P P P
M39 - metal fabrication & die cutting P P P
M40 - rubber & plastic product
manufacturing C P
M41 - textile mills (dyeing, weaving,
knitting, cutting) P
M42 - packaging/distribution of prepared
materials (non-food items) P P P
M43 Raw Materials Manufacture C 17.04
2215
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
M44 Stone mills/monument yards C P
Trucking, Warehousing, and Internet
Fulfillment Centers
M45 - combined office/warehouse-type
buildings P P P
M46 - general warehousing & storage P P P
M47 - local bus charter P P
M48 - moving companies/trucking/storage P P P
M49 - refrigerated warehouses/storage P P P
M50 - school bus yards P P
M51 - trucking & freight forwarding
terminal C P P
M52 Massage Therapist C P C C C C
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) M53 Hospitals, Acute Care (general
medical/surgical) C C
M54 Ambulance Services/Medical
Transport C C C C C
M55 Convalescent Hospitals / Senior Care
Facilities / Nursing Homes C C C
M56 Clinics (medical group, urgent
care/walk-ins, dental, rehabilitation) C C C C C C C
M57 Dialysis Centers and Blood Donation
Centers C C P C C C
M58 Hospices C
M59 Laboratories (medical testing &
diagnostic) P C C P
M60 Medical Equipment/supplies (oxygen,
prosthetics, walkers, etc.) P P P P P
M61 Opticians - Dispensing C P P P
M62 Psychiatric Hospitals, including
Treatment of Substance Abuse C
2216
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
M63 Residential Alcohol/Substance Abuse
Treatment Facility C
M64 Rehabilitation Hospitals C C C
M65 Museums (special interest/historicalpublic/private) C C C N
O

OFFICES
General Business and Professional (i.e.,
data processing services, employment
agencies, insurance agencies, etc.)
O1 - less than 2,000 sq. ft. P P P P P P P P
O2 - 2,000 sq. ft. to 6,000 sq. ft. C P C P P P P P
O3 - more than 6,000 sq. ft. C C C P P P P P
O4 - up to 25% of total leased area for
center P P P P P
O5 - more than 25% of total leased area for
center C C C C C
O6 Medical (i.e., Physical therapists,
physicians/surgeons, dentists/
orthodontists, optometrists,
chiropractors, etc.)

C C P P P P
O7 Counseling/psychologist - individuals C C P P P P
O8 Counseling/psychologist - groups C C P C P C
O9 Offices Associated with Industrial Uses
(not exceeding 25% of total building
area)

P P P P
O10 Temporary Trailers (construction) T T T T T T T T T T P
P1 Parcel Delivery Services / Parcel
Distribution (UPS, Federal Express,
etc.)

P P C P
P2 Parking Facilities For Off-Site Uses C P P C C C C C 2217
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
P3 Park & Ride C C C P P

PHOTOCOPY SERVICES / DESKTOP PUBLISHING
P4 With Printing Press P C C C P P
P5 Without Printing Press P P P P P P P P

PHOTOGRAPHY / PHOTO SERVICES
P6 Photography Studio P P C P P C P
P7 Photography Labs/Blue
Printing/Microfilming (developing,
printing - no retail on site)

P P C C P P
P8 Photography labs (developing, printing
- no retail on site) P P C P P
P9 Photography Labs with Retail on Site P P P P P
P10 Planned Unit Developments C C C C C C C C C C 17.26 P11 Private Clubs and Lodges C C C 17.32.115
P12 Private Postal Service (Mail Boxes,
Mailing Service) (See Also Parcel
Delivery Services)
P P P

PUBLIC COMMUNITY SERVICES
P13 Community & Recreation Centers C C C
P14 Community Gardens C C C
P15 Fire Stations C P C C C P C P P
P16 Police Stations & Substations C P P P P P P P P
P17 Post Offices C P
P18 Public Buildings, Offices & Grounds C P C P C C
P19 Public Golf Courses/Driving Ranges
P20 Public Libraries C C P C C
P21 Public Parks/Playgrounds C C C P
P22 Post Office Substations C P P P P P P
Q
R

RAILROADS
2218
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R1 Freight Stations, Repair & Yards C C
R2 Passenger Stations C

RECREATION FACILITIES
R3 Athletic and Health Clubs
(gymnasiums, fitness centers, racquet
clubs)

C C C C C C
R4 Athletic and Health Clubs
(gymnasiums, fitness centers, racquet
clubs) less than 5,000 sq. ft.

P P P P P P P P
R5 Aquatic Centers C C C C C C
R6 Private Libraries P C
R7 Athletic/Playing Fields C
R8 Bowling Alleys C C C
R9 Circus, Carnivals, Fairs & Festivals,
Revivals/Assemblies T T T T T T
R10 Dance, Yoga & Music Studios P P P P P P P P
R11 Martial Arts P P P P P P P P
R12 Golf Courses & Driving Ranges C
R13 Miniature Golf Courses C C
R14 Ice & Roller Skating Rinks C C
R15 Pool Halls/Billiard Parlors C C C C
R16 Video Machines/Coin-Operated Games
- 1 to 4 machines P P P P P

17.32.120
R17 Video Machines/Coin-Operated Games
- 5 or more machines C C C C

17.32.120
R18 Other Recreational Facilities C C C C C C C C
R19 Rifle and Pistol Range, indoor C C C C C C C C

RECYCLING FACILITIES
R20 Heavy Processing C C P 17.32.160
R21 Light Processing C P P 17.32.160
R22 Large Collection C P P 17.32.160
R23 Small Collection C C C C P P 17.32.160
2219
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R24 Reverse Vending Machines P P P P P P P P 17.32.160
R25 Temporary Facilities, i.e. recycling of
Christmas trees, tree trimmings, etc. T T T T T

17.32.160
R26 Household Hazardous Waste
Collection Center P P

17.32.160
RESIDENTIAL (see also Residential Zones)
R27 Residential Units, New or Expansions,
which may or may not be associated
with a commercial activity

C C C C C C C C C C
R28 Group/Foster Homes, Licensed - 1 - 6
individuals in addition to residing
family
C
R29 Group/Foster Homes, Licensed - more
than 6 individuals C
R30 Emergency Shelters P
R31 Emergency/Temporary Housing C C C
R32 Household Pets P P P P P P P P P P
R33 Single Room Occupancy (SRO) units C
RETAIL
General Merchandise
R34 - less than 4,000 sq. ft. P P P P C
R35 - 4,000 to 6,000 sq. ft. P P P P
R36 - 6,001 to 40,000 sq. ft. C P P P
R37 - 40,001 to 60,000 sq. ft. P P C 17.32.050
R38 - over 60,000 sq. ft. P C C
Building/Landscape Materials
- lumberyards (see

MANUFACTURING/

ASSEMBLING)
R39 - fencing stores/yards P P
R40 - floor & wall coverings C P P P P
R41 Garden Centers/Nurseries - located
within primary use P P P P
2220
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R42 Garden Centers/Nurseries - stand alone C P C P
R43 Glass Stores (windows, etc. for auto,
residential, commercial) P P
R44 Hardware Stores including
lumberyards P
R45 Hardware Stores 10,000 square feet or
more
P
R46 Hardware Stores less than 10,000
square feet P P P P
R47 Paint Stores P P P
R48 Home Improvement P P P
Drugstore/Pharmacy
R49 - including general retail merchandise P P P P C17.32.050

17.32.055
R50 - not including general retail
merchandise, 1,500 sq. ft. or more P P P P P P
R51 - not including general retail
merchandise, up to 1,500 sq. ft. P P P P
R52 Farm Equipment Sales P P
R53 Feed Stores P C
Food Stores
R54 - convenience store - 7000 sq. ft. or
less C C C C C C C C
R55 - liquor store within 300 feet of
residential/public use C C C
R56 - liquor store not within 300 feet of
residential/public use

C C C P
In C-R zone,
5,000 sq. ft
minimum
building area
in per
Ordinance
2012-08
R57 - specialty food stores (bakery,
delicatessen, butcher shop, meat
market, health food, gourmet/imported
food, etc.)

P P P P C C

17.32.050
2221
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
R58 - supermarkets/grocery stores P P P 17.32.050
R59 -wine tasting with sales C P C C C C C C
R60 Furniture & Furnishings - new P P P P
R61 Furniture & Furnishings - secondhand
*up to 10,000 square feet P P P P P
R62 Gun Shops - within primary use P P P P
R63 Gun Shops - stand alone P P P
Magazine/Newspaper Sales
(Freestanding Booth/Stand/ Kiosk)
R64 - indoor C P P P P P P
R65 - outdoor C C C C C C C
Outlet Stores
R66 - bakery P
R67 - apparel P P
R68 - furnishings P
R69 Pawnshops C C
R70 Pet Stores P P P P 17.32.050
R71 Pool/Spa Supplies/Equipment P P P P P P 17.32.050
R72 Secondhand Store/Thrift Shops - up to
2,000 square feet P P P
R73 Secondhand Store/Thrift Shops -
greater than 2,000 square feet P P C
R74 Smoke Shops (retail of cigarettes and
smoke devices / paraphernalia)
C C
S
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) S1 Preschool/After-School Care C C C C C
S2 Elementary Schools, K-6 or K-8 C C C C C C
S3 Middle Schools C C C C C C
S4 High Schools C C C C C C
S5 Colleges/Universities (academic) C C C C
2222
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
S6 Business, Trade, Vocational, Charter or
other Specialized Schools C C C C C C C C
S7 After Hours Academic Education
Facilities (After 6:00 p.m.) C C C P P
S8 Tutoring Centers C C C C C

SERVICE, COMMERCIAL
S9 Air Conditioning Shops P P
S10 Appliance, Electrical Equipment, Tools
(disassemble & repair) P P P P
S11 Check-Cashing Service C C C C
S12 Chemical Stripping/Powder Coating P P P
S13 Chrome & Anodizing Shops P P P
S14 Courier Services P P P C P
S15 Auction House C C
S16 Bail Bonds C C C
S17 Equipment Rental – conducted
outdoors P C P
S18 Equipment Rental – conducted indoors P P P P P
S19 Exterminators/Fumigators P P
S20 Gunsmith Shops, including incidental
retail P P C P
S21 Heavy Machinery and Equipment
(welding, cutting, grinding, casting,
etc.)
P P P
S22 Janitorial Service P
S23 Lawn Maintenance & Tree Trimming P P
S24 Locksmiths P P P P P
S25 Other Household & Maintenance
Services P C
S26 Pet Grooming / Dog Training
(conducted indoors) P P P P P
S27 Printing Service (see also Photocopy
Services) C P C
2223
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
S28 Repair Shops (tools, non-automotive,
mechanical equipment) P P
S29 Sharpening Service - tools, knives, saw
blades, lawn mowers, etc. P P
S30 Sharpening Service - small tools not
including saw blades and lawn mowers P P P P
S31 Sheltered Workshops C P C C P
S32 Shoe Repair Shops P P P P P
S33 Sign Painting & Fabrication P P
S34 Taxidermists P P
S35 Tailor, Dressmaking, & Alterations P P P P P
S36 Upholstering Shops (furniture only) P P P
S37 Upholstering Shops - Showroom with
minimum 35% of gross receipts to be
retail sales
C

SERVICE STATIONS
S38 Fuel dispensing only - not including
major auto repair services of any kind C C P C C C P
S39 Also including major auto repair
services C P C C
S40 Also including light servicing of trucks P C
S41 Storage, Sorting, Collection, Or Bailing
of Iron, Junk, Paper, Rags, Or Scrap
(Not Including Auto Dismantling)
S42 Storage Tanks, Non-Fuel P P
S43 Swap Meets C
T
T1 Taxi/Limousine Service P P P P

THEATERS
T2 Auditoriums C C
T3 Drive-in C
T4 Movie C C C
T5 Live Performance C C P
2224
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
U
U1 Unenclosed Solid Waste Transfer
Stations C

UTILITIES
U2 Business Offices P P P P P P
U3 Electric Distribution Substations C C C C C C C C P
U4 Elevated Pressure Tanks C C P P C C P P
U5 Gas Regulator Stations C C P C C C C P P
U6 Public Service Pumping Stations C C P C C C P P
U7 Payment Centers P P P P P
U8 Public Utility Service Yards P C P
V

VETERINARY SERVICES
V1 Animal Care Clinic (no boarding) P C P P C P
V2 Hospitals/Clinics (located 500 ft. from
a residential zone including short term
boarding of animals)

C C C P
W
W1 Wholesale Commercial Establishment P P

WAREHOUSING/STORAGE
W2 - primary use P P
W3 - not to exceed 20% of gross floor area
of permitted use P P P P P P P P
W4 - in excess of 20% of gross floor area
of permitted use C C C C C C P C
W5 Mini Storage Facilities P C P C
X
Y
Z
OTHER
2225
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and
Mixed Use Zones
Office
Zones
Industrial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)
USE
C-NC-R
C-S

C-MUD-MU
O-PA
O-C
BRP
I-L
I
OT1 Other Uses Similar in Nature and
Intensity as Determined by the City
Planner

P P P P P P P P P P
OT2 Other Uses Similar in Nature and
Intensity as Determined by the City
Planner Subject to the Granting of a
Conditional Use Permit

C C C C C C C C C C

VISALIA MUNICIPAL CODE
CHAPTER 17.38 - Conditional Use Permits

17.38.010 Purposes and powers
In certain zones conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties.

In order to achieve these purposes and thus give the zone use regulations the flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permits.

17.38.020 Application procedures
A. Application for a conditional use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary by the planning division to clearly show the applicant's proposal;

5. The purposes of the conditional use permit and the general description of the use proposed;

6. Additional information as required by the historic preservation advisory committee.

7. Additional technical studies or reports, as required by the Site Plan Review Committee.

8. A traffic study or analysis prepared by a certified traffic engineer, as required by the Site Plan Review Committee 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.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.
2226

17.38.030 Lapse of conditional use permit
A conditional use permit shall lapse and shall become void twenty-four (24) months after the date on which it became effective, unless the conditions of the permit allowed a shorter or greater time limit, or unless prior to the expiration of twenty-four (24) months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site which was the subject of the permit. A permit may be renewed for an additional period of one year; provided, that prior to the expiration of twenty-four (24) months from the date the permit originally became effective, an application for renewal is filed with the planning commission. The commission may grant or deny an application for renewal of a conditional use permit. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section.

17.38.040 Revocation
Upon violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The planning commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to insure compliance with the regulation, general provision or condition. Appeals of the decision of the planning commission may be made to the city council as provided in Section 17.38.120.

17.38.050 New application
Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council.

17.38.060 Conditional use permit to run with the land
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the permit application subject to the provisions of Section 17.38.065.

17.38.065 Abandonment of conditional use permit
If the use for which a conditional use permit was approved is discontinued for a period of one hundred eighty (180) days, the use shall be considered abandoned and any future use of the site as a conditional use will require the approval of a new conditional use permit.

17.38.070 Temporary uses or structures
A. Conditional use permits for temporary uses or structures may be processed as administrative matters by the city planner and/or planning division staff. However, the city planner may, at his/her discretion, refer such application to the planning commission for consideration.

B. The city planner and/or planning division staff is authorized to review applications and to issue such temporary permits, subject to the following conditions:

1. Conditional use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six months for all other uses or structures.

2. Ingress and egress shall be limited to that designated by the planning division. Appropriate directional signing, barricades, fences or landscaping shall be provided where required. A security officer may be required for promotional events.

3. Off-street parking facilities shall be provided on the site of each temporary use as prescribed in Section 17.34.020.

4. Upon termination of the temporary permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition. 2227

5. Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the city planner and planning division staff.

6. Applicants for a temporary conditional use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.

7. Signing for temporary uses shall be subject to the approval of the city planner.

8. Notwithstanding underlying zoning, temporary conditional use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. In reviewing applications for such stands, issues of traffic safety and land use compatibility shall be evaluated and mitigation measures and conditions may be imposed to ensure that the stands are built and are operated consistent with appropriate construction standards, vehicular access and off-street parking.

All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.

9. Fruit/Vegetable stands shall be subject to site plan review.

C. The City Planner shall deny a temporary use permit if findings cannot be made, or conditions exist that would be injurious to existing site, improvements, land uses, surrounding development or would be detrimental to the surrounding area.

D. The applicant or any interested person may appeal a decision of temporary use permit 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 temporary use permit and shall uphold or revise the decision of the temporary use permit, based on the findings set forth in Section 17.38.110. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145.

E. A privately owned parcel may be granted up to six (6) temporary use permits per calendar year.

17.38.080 Public hearing--Notice
A. The planning commission shall hold at least one public hearing on each application for a conditional use permit.

B. Notice of the public hearing shall be given not less than ten days nor more than thirty (30) days prior to the date of the hearing by mailing a 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 which is the subject of the hearing, and by publication in a newspaper of general circulation within the city.

17.38.090 Investigation and report
The planning staff shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission.

17.38.100 Public hearing--Procedure
At the public hearing the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.38.110. The planning commission may continue a public hearing from time to time as it deems necessary.

17.38.110 Action by planning commission
A. The planning commission may grant an application for a conditional use permit as requested or in modified form, if, on the basis of the application and the evidence submitted, the commission makes the following findings:
2228

1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the zone in which the site is located;

2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

B. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may grant conditional approval for a permit subject to the effective date of a change of zone or other ordinance amendment.

C. The commission may deny an application for a conditional use permit. (Prior code § 7536)

17.38.120 Appeal to city council
The decision of the City planning commission on a conditional use permit shall be subject to the appeal provisions of Section 17.02.145.

17.38.130 Effective date of conditional use permit
A conditional use permit shall become effective immediately when granted or affirmed by the council, or ten days following the granting of the conditional use permit by the planning commission if no appeal has been filed.

CITY OF VISALIA ORDINANCE NO. 2024-05
Massage Establishments – Urgency Ordinance

AN INTERIM ORDINANCE TO FURTHER REGULATE

MASSAGE ESTABLISHMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:

A. The City of Visalia Municipal Code Title 5 defines "Massage establishment" as follows: “means and includes any business enterprise or establishment, parlor, or any room, place or institution within a business establishment where massage is given or administered by a massage technician as a paid service” and in addition, the City of Visalia Municipal Code Title 17 defines, “Massage Therapy Establishment” as follows:
“means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.” B. The City of Visalia Municipal Code Title 17 currently permits Massage Therapists under the current City of Visalia Zoning Ordinance in the Neighborhood Commercial (C-N), Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Professional / Administrative Office (O-PA), and Office Conversion (O-C) zones within the City of Visalia with a Conditional Use Permit (CUP) issued under Visalia Municipal Code Chapter 17.38.

C. Recently the City of Visalia has seen an increase in requests for CUPs to operate Massage Establishments.

In recent instances, such usages are proposed within close proximity to residential neighborhoods, junior college, and within shopping centers.

D. Although these recent instances of this proposed use near residential neighborhoods resulted in comments received that stated property owners concerns this type of use should not be placed in close proximity to schools and residential neighborhoods, the usage was allowed because the current City of Visalia Zoning Ordinance does not require buffering distance requirements regarding this type of commercial activity near schools and residential neighborhoods. The City Council has since considered whether a specific policy should be adopted and has determined that it would be in the interest of the public health, safety, or welfare to consider changes to the municipal code on how this type of business should be further regulated. 2229
E. In 2008, the Legislature adopted Senate Bill 731, which created the California Massage Therapy Council, a state-organized nonprofit organization with regulatory authority over the certification of massage technicians and practitioners throughout the State of California which also limited the City' s regulatory authority over massage establishments that exclusively hire State-certified massage technicians, preempting most local licensure and permitting requirements and land use regulations and has been widely criticized by local agencies as providing massage businesses with almost unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses that allow prostitution and other illegal activities.

F. In response to the criticism against Senate Bill 731, Assembly Bill 1147 was enacted which allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements on massage establishments, and the City of Visalia seeks to amend the Visalia Municipal Code to ensure that the City regulates massage establishments in compliance with the provisions of enacted State statutes.

G. The increase in requests for the operation of Massage Establishments that has occurred in recent years does not appear to be slowing, which has raised concerns of whether illicit uses are trying to create a business front for illicit activity and a proliferation of such types of uses could result in negative impacts to the public’s peace, health, safety, and welfare.

H. The potential for criminal and unsafe activity at massage establishments is particularly concerning given that some massage establishments in the City are located within proximity to places where families congregate, such as restaurants and shopping areas.

I. Code enforcement and policing efforts have found that illegal massage operations that are shut down are often replaced by similar illegal massage operations in the same location. There are significant adverse impacts from allowing illegal massage operations to remain at a given site. Impacts include decreased consumer confidence in the legal operation of future massage establishments at a site, decreased consumer confidence in the neighboring businesses, and confusion among customers regarding any connection between the closed illegal operation and a new legal operation, and detrimental effects on all surrounding businesses.

J. The City Council finds and declares the illicit and illegal activities disguising as legitimate massage establishments in the City pose health and safety threats to operators, employees, patrons, surrounding businesses, and the public, in order to address this threat to public health and safety the City Council hereby finds the adoption of the proposed urgency interim zoning ordinance to be necessary while a more specific amendment to the Municipal Code is reviewed in the normal process by the City.

K. Further the City Council finds and declares that approving additional conditional use permits to allow additional Massage Establishments within close proximity of an existing Massage Establishment would potentially be in conflict with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city by creating conditions that would adversely impact the public’s interest.

L. The City Council finds and declares that the ordinance regulations on Massage Business shall be adopted on an interim and immediate basis to protect the public health, safety, and welfare of the community while the more permanent regulations are reviewed in additional detail.

SECTION 2. While this interim ordinance is in effect the following regulatory standards shall apply as additional limitations and requirements under the Visalia Zoning Ordinance on a Massage Establishment and/or Massage Therapy Establishment as those terms are defined in Visalia Municipal Code. Businesses that are already operating under conditional use permits in areas that would be prohibited under these regulations may continue to operate as they would constitute legal non-conforming use.

A. In addition to Conditional Use Permit being required in the Neighborhood Commercial (C-N), Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Professional / Administrative Office (O-PA), and Office 2230
Conversion (O-C) zones, a Conditional Use Permit shall be required for Massage Establishments/Therapist in the Regional Commercial (C-R) zone.

B. No Massage Establishment may be located within a radius of 750 feet of another Massage Establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. Existing businesses operating a Massage Establishment that are already conducting business and in possession of all previously required licenses and/or permits for such business in the City of Visalia on the effective date of this emergency ordinance are considered existing non-conforming related to separation from all required sources as long as the permit is not revoked, or the business does not cease operation.

C. No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

D. Doors. All front, reception, hallway, or front exterior doors except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.

E. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where Massage Services are being performed on Clients, and in all areas where Clients are present.

F. Living Quarters Prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside a Massage Establishment at any time. Beds and floor mattresses shall not be permitted on the premises.

G. Inspections. The operator and/ or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City' s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.

H. No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs except pursuant to a prescription for such drugs. The Owner, Operator, or responsible managing Employee, shall not permit any such person, or any person who is clearly intoxicated, to enter or remain upon the premises.

I. No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.

SECTION 3. 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.
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SECTION 4. This Ordinance shall take effect immediately as an interim zoning ordinance under the provisions of California Government Code section 65858. It shall be of no further force and effect forty-five (45) days from its adoption unless it is extended pursuant to Government Code section 65858.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

CONDITIONAL USE PERMIT NO. 2019-27
Conditions of Approval

1. That the project be developed in substantial compliance with the comments from the approved Site Plan Review No. 2019-100.

2. That the site be developed in substantial compliance with the approved site plan and floor plan as shown in Exhibits “A” and “B”.

3. That the site shall operate in substantial compliance with the operational statement as stated in Exhibit “C”, except that the hours of operation shall be Monday through Friday, 9:00am to 8:00pm, and Saturday through Sunday, 9:00am to 7:00pm.

4. That prior to operation of the massage parlor use the applicant shall obtain a Building Permit for the metal gate and fencing as depicted in Exhibit “A”, and that the gate shall remain unlocked and open during hours of operation.

5. That the applicant shall remove the existing storage container from the project site prior to operation of the massage parlor use.

6. That substantial changes to the site plan, floor plan, or operational statement may require an amendment to this Conditional Use Permit as determined through the Site Plan Review process

7. That all building signage shall require a separate building permit.

8. That all applicable federal, state and city laws, codes and ordinances be met. 2232

9.Attachment “E”
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Vicinity
Hwy 198
E Noble Ave
S Bridge St
E Mineral King Ave
S Garden St
E Cypress Ave
S Santa Fe St
E Myrtle Ave
E Kaweah Ave
S Tipton StE Willow Ave
E Myrtle Ave
S Santa Fe St S Santa Fe St
S Bridge St
S Tipton St
Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Project Site
0 0.02 0.04 0.09 Miles
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2240
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2250
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Vicinity
Hwy 198
S Bridge St
E Noble Ave
E Mineral King Ave
E Myrtle Ave
S Santa Fe St
E Kaweah Ave S Tipton St
S Santa Fe St
E Myrtle Ave
S Santa Fe St
S Bridge St
S Tipton St
Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Project Site
0 0.01 0.03 0.06 Miles
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CITY OF VISALIA

C I T Y C O U N C I L H E A R I N G
S e p t e m b e r 1 6 , 2 0 2 4
Appeal of the Revocation of
Conditional Use Permit No.
2019-27: Massage Use
City of Visalia - Planning Division
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City of Visalia - Planning Division
500 South Santa Fe Street
Request: City Council consider an appeal of
the Planning Commission’s approval of a
request by the City of Visalia to revoke
Conditional Use Permit No. 2019-27.

Recommendation: City Council deny the
appeal and uphold the Planning Commission’s
approval of the revocation request.
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City of Visalia - Planning Division
• CUP approved September 9, 2019.
• Permitted massage therapy
business in O-C (Office Conversion)
Zone.
• One licensed masseuse.
• Three massage rooms.
• Mon – Sun, 9:00am – 9:00pm.
• Conditions of Approval:
• Removal and/or permitting of
storage container, fencing.
500 South Santa Fe Street

BACKGROUND
NOBLE
SA
N
TA
F
E
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• August 12, 2024.
• Staff recommend approval of the revocation request.
• Public comment in opposition was received from attorney Roger Wilson, stating:
o Removal of unpermitted structures under authority of property owner, not tenant. o City neglected to employ civil penalties to compel compliance, instead opting for more drastic measures.
o Building issues identified by the City, such as unpermitted construction of a shower, had already been rectified through removal.
o Compliance with City requirements was difficult due to the lack of interpreters. o The City should apply civil penalties and conduct more frequent inspections instead of revocation.
• The Planning Commission approved the request to revoke Conditional Use Permit No. 2019-27 by a 5 to 0 vote.
• Appeal filed August 19, 2024, on the basis that revocation was not warranted.

PLANNING COMMISSION MEETING
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• June 21, 2024 – Neighborhood Preservation staff conducted site inspection, discovered numerous CUP and Municipal Code violations:
• CUP Conditions of Approval:
• Failure to obtain a Building Permit for an unpermitted gate and fencing; • Failure to remove an unpermitted sea train container; • Use of a commercial building for residential purposes without a CUP. • Building and Fire Code violations:
• Construction of a shower without a Building Permit;
• Use of a commercial building for residential purposes without permits; • Improper storage of fire extinguishers, lack of smoke/carbon monoxide detectors. • Business Regulation violations:
• Unregistered massage employee onsite;
• Lack of California Massage Therapy Council (CAMTC) certification. • Cease and Desist issued June 7, 2024, followed by CUP suspension June 21, 2024.

City of Visalia - Planning Division REVOCATION REQUEST
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REVOCATION REQUEST
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REVOCATION REQUEST

EVIDENCE OF CUP /

CODE VIOLATIONS
⚬ Unpermitted
construction of
shower.
⚬ Areas of facility
set up for
human
habitation.
⚬ Construction
without permits
/ unsafe
conditions.
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Staff recommends the City Council deny the appeal and uphold the Planning Commission’s approval of the revocation of Conditional Use Permit No. 2019-27.

S T A F F R E C O M M E N D A T I O N
City of Visalia - Planning Division

RECOMMENDATION
That the massage establishment is in violation of Conditional Use Permit No. 2019-27, Title 5 Business Regulations Chapter 5.68 “Massage Establishments” of the Visalia Municipal Code, and state and local regulations.

B A S I S F O R D E C I S I O N
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0374 Agenda Date: 9/16/2024 Agenda #: 4.

Agenda Item Wording:

Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operational for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the C-N (Neighborhood Commercial) zone (APN: 100-120-051).

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Planning and Community Preservation Director, [email protected] < mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2024-52 denying the appeal and upholding the Planning Commission’s denial of Conditional Use Permit No. 2024-29. It is standard practice for staff to recommend the upholding of a Planning Commission action.

Summary:

The applicant is appealing the decision of the Planning Commission’s denial to amend the hours of operation for a Jack in the Box fast-food restaurant previously approved per Conditional Use Permit (CUP) No. 2021-22, located at 1145 South Lovers Lane. The CUP amendment request was to modify the operating hours from 5:00 a.m. to 12:00 a.m. (midnight), as originally conditioned by the Planning Commission, to 24-hours a day. The Planning Commission initially adopted the hours of operations after receiving public comment in 2021, in opposition to the applicant’s initial request to permit this fast-food restaurant to operate 24-hours a day.

Background Discussion:

Conditional Use Permit (CUP) No. 2021-22 was a request to permit the development of approximately 1.12-acres of C-N zoned property with a 1,315 square foot Jack in the Box fast-foot restaurant. This fast-food restaurant is designed with only a walk-up window and drive-thru lane; there is no indoor dining provided. Fast food restaurant uses, with a drive-thru lane, are considered a “permitted use” in the C-N zone subject to the drive-thru performance standards established in Section 17.32.162 of the Visalia Municipal Code (VMC). A Conditional Use Permit was warranted based on the drive-thru not complying with subsection B(1) of the above reference section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property.

During the public hearing for CUP No. 2021-22, the applicant clarified to the Planning Commission that the fast-food restaurant was seeking to operate 24-hours a day which was not consistent with Visalia City Council Page 1 of 4 Printed on 9/13/2024
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File #: 24-0374 Agenda Date: 9/16/2024 Agenda #: 4.
that the fast-food restaurant was seeking to operate 24-hours a day which was not consistent with the hours noted on the application form which listed operating hours from 6:00 A.M. to 12:00 A.M. (midnight). Staff stated during the presentation of the item that fast-food facilities were not limited to specific operating hours in the Municipal Code but would have to comply with the Noise Ordinance (VMC Chapter 8.36). Additionally, none of the other four Jack in the Box restaurants in Visalia operated with limited hours. Additional testimony was received from a member of the public who spoke and shared their concerns for the 24/7 operating hours, based on the projects proximity to abutting residences and Pinkham Elementary School which is approximately 1,321-feet to the west.

The Planning Commission, after further deliberation on the 24-hour operation request, concluded that it would be appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development came to the site which may provide additional buffers to the nearby residential homes. The Planning Commission, understanding the concern, opted to include a condition limiting the hours of operation from 5:00 A.M. to 12:00 P.M. (midnight). This condition was included as Condition No. 10 of Resolution No. 2021-42. A copy of Resolution No. 2021-42 is attached to this staff report as Attachment 3.

Construction of the Jack in the Box restaurant was completed on September 21, 2022. During this time, the applicant had inquired with staff on multiple occasions on the process to amend the hours of operation condition. Through these discussions, staff encouraged the applicant to operate for at least a year and then consider an amendment to the approved entitlement.

Planning Commission Public Hearing:

On August 12, 2024, CUP No. 2024-29 was heard before the Planning Commission. This CUP amendment was seeking a request to expand the fast-food restaurants hours of operation to 24- hours a day. The applicant provided a narrative and letter to the Commission in Planning Commission in support of their request to modify the hours of operation for the Jack in the Box fast-food restaurant. Both exhibits by the applicant identified the project’s compliance with the municipal code, operational history at the site, and no public complaints received at the site. The applicant attributed their success of operating a business in compliance with all City codes due to the management structure in which the business is operated. Additionally, the applicant identified that “the need to operate 24/7 is directly tied to the increased minimum wage requirement by the State”.

Based on reviewing the sites operating history, staff supported the request of the applicant, on the basis that the project site and operator have operated in good standing over the past year without any issues reported to the Neighborhood Preservation / Code Enforcement Division. If the Planning Commission were to approve the request, the business would still be subject to compliance with the City’s Noise Ordinance. Further, staff detailed that if substantiated complaints were to be received, it would result in the site being declared a public nuisance, staff would seek to initiate the process of getting the business/site into compliance including initiating the CUP amendment process to modify hours of operation.

During the public comment period, the Planning Commission received verbal and written comments detailing concern with the request for extended hours of operation as it would have an adverse impact on neighboring sensitive land uses. During the Planning Commission’s deliberation, a majority of the Commissioners noted the request to operate 24-hours a day would pose incompatibility issues with the existing residential uses in close proximity. Commissioners also identified that other sites in the City operating 24-hours a day are not as closely located to sensitive land uses, having other commercial buffers between them and neighboring residences. Based on issues stated by the Planning Commission, the Commission denied the CUP amendment by a 5-0 vote. A copy of the Visalia City Council Page 2 of 4 Printed on 9/13/2024
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File #: 24-0374 Agenda Date: 9/16/2024 Agenda #: 4.

Planning Commission staff report is attached to this report as Attachment 2.

Appeal
On August 21, 2024, staff received an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29. The appeal, filed by Patrice Roux, is included as Attachment 1. The reason for the appeal, as noted in the attached document is due the good operating order of the Jack in the Box sites within the City, the increase of fast-food minimum wage and cost to do business, justification that all other Jack in the Box sites operate with 24-hour services, and that e-mails sent to the Planning Commission from concerned residents were from residents who do not live near the site (see Attachment 1).

Analysis:

The Planning Commission’s discussion, which ultimately lead to their recommendation to deny the project, focused on the project’s inconsistency with the surrounding residential uses. Several of the Planning Commissioners stated that the proposed amended hours of operation to a 24-hour drive thru-use is not compatible with adjacent residential land uses because the project’s proximity to sensitive land uses, and requested intensification of operating hours, will have a direct impact to the neighboring residential uses by interfering with the enjoyment of properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity. In addition, none of the conditions proposed would have the effect of eliminating the injurious effect of the project on the neighboring properties Pursuant to Section 17.38.110, Subsection A of the Zoning Ordinance of the City of Visalia, the Planning Commission must make certain findings in order to grant a conditional use permit application, and if such findings cannot be made, Subsection C of Section 17.38.110 provides that the Planning Commission may deny an application for a conditional use permit. Based upon careful consideration of the staff report and all pertinent testimony during the public hearing, the Planning Commission denied Conditional Use Permit No. 2024-29 because it was determined that the proposed use is not consistent with the policies and intent of the General Plan and Zoning Ordinance. The request to amend the existing Jack in the Box operating hours to 24-hour is not compatible with the existing residential character of existing neighborhoods to the west, southwest, and east of the site and none of the conditions proposed will have the effect of eliminating the inconsistency within the surrounding area. It is within the purview of the Planning Commission to deny a Conditional Use Permit if the Commission feels that the project does not meet the required findings.

Correspondence:

On September 10, 2024, staff received correspondence regarding the appeal which is attached to the report at Attachment 4. The attached correspondence, which is a signed petition by 37 individuals who reside near the Jack in the Box location, oppose the appellants request to modify the Jack in the Box restaurant hours to 24-hours a day.

Fiscal Impact:

None.

Prior Council Action: None.

Other: None.

Visalia City Council Page 3 of 4 Printed on 9/13/2024
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File #: 24-0374 Agenda Date: 9/16/2024 Agenda #: 4.

Committee/Commission Review and Action:
· On August 23, 2021, the Planning Commission approved Conditional Use Permit No. 2021-22, a request to build a 1,315 square foot Jack in the Box fast-food restaurant with a drive-thru lane on the northwest corner of East Tulare Avenue and South Lovers Lane by a 5-0 vote. · On August 12, 2024, the Planning Commission denied, by a 5-0 vote, Conditional Use Permit No. 2024-29, a request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2024-29 with conditions and/or modifications as specified by the City Council; or

2. Deny the Appeal and send back to Planning Commission for additional consideration; or

3. Continue the matter to a future City Council hearing.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Planning Commission’s denial of Conditional Use Permit No. 2024-29.

Environmental Assessment Status: If the City Council denies the appeal and upholds the Planning Commission decision, no action needs to be taken on an environmental document subject to Section 15270 of the California Environmental Quality Act; or if the City Council overturns the Planning Commission’s denial and approves Conditional Use Permit No. 2024-29, subject to conditions, a Categorical Exemption will be prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

CEQA Review: No action needed if the project is denied subject to Section 15270 of the California Environmental Quality Act.

Attachments:

1. Resolution No. 2024-52 denying the appeal and upholding Planning Commission’s denial of Conditional Use Permit No. 2024-29

2. Attachment 1 - Appeal by Patrice Roux

3. Attachment 2 - Planning Commission Staff Report dated August 12, 2024

4. Attachment 3 - Resolution No. 2021-42

5. Attachment 4 - Petition to oppose the 24-hour request, received September 10, 2024

6. General Plan Land Use Map

7. Zoning Map

8. Aerial Map

9. Location Map
Visalia City Council Page 4 of 4 Printed on 9/13/2024
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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT NO. 2024-29, A REQUEST BY MIKE DAVIS TO AMEND CONDITION NO. 10 OF CONDITIONAL USE PERMIT NO. 2021-22, LIMITING THE HOURS OF OPERATION FROM 5:00 A.M. TO 12:00 A.M. FOR A JACK IN THE BOX FAST FOOD RESTAURANT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT SITE IS LOCATED AT 1145 SOUTH LOVERS LANE (APN: 100-120-051).

WHEREAS, Conditional Use Permit No. 2024-29, is a request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast-food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051); and
WHEREAS, the Planning Commission of the City of Visalia, after a duly published public hearing notice, conducted said public hearing on August 12, 2024, and concluded said hearing on that date; and
WHEREAS, the Planning Commission of the City of Visalia does not find Conditional Use Permit No. 2024-29 to be in accordance with Chapter 17.38 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the Planning Commission denied Conditional Use Permit No. 2024-29 based on the findings contained in this Resolution Nos. 2024-46, consistent with Visalia Municipal Code Section 17.38.110.C; and
WHEREAS, an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, was received on August 21, 2024; and
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on September 16, 2024; and WHEREAS, the City Council finds the denial of Conditional Use Permit No. 2024-29 was made in accordance with Chapter 17.38 (Conditional Use Permits) of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, if the project is denied, no action needs to be taken on an environmental document.
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Resolution No. 2024-XX
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed use is not consistent with the policies and intent of the General Plan and Zoning Ordinance. The request to amend the existing Jack in the Box operating hours to 24-hour is not compatible with the existing residential character of existing neighborhoods to west, southwest, and east of the site and none of the conditions proposed will have the effect of eliminating the inconsistency.

That the proposed use is not compatible with adjacent residential land uses because the project's neighborhood commercial zoning designation, its proximity to sensitive land uses, and requested intensification of operating hours, which will have a direct impact to the neighboring residential uses by interfere with the enjoyment of properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity; none of the conditions proposed will have the effect of eliminating the injurious effect of the project on the neighboring properties.

BE IT FURTHER RESOLVED that the City Council denies the appeal, and upholds the denial of Conditional Use Permit No. 2024-29 on the real property here in above described in accordance with the terms of this resolution, and under the provisions of California Government Code Section §66474, and Sections 16.16.115 and Section 17.38.110 of the Subdivision and Zoning Ordinances of the City of Visalia.
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REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: August 19, 2024
PROJECT PLANNER: Josh Dan, Senior Planner
Phone No.: (559) 713-4003
E-mail: [email protected]
SUBJECT: Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

STAFF RECOMMENDATION
Staff recommends approval of Conditional Use Permit No. 2024-29, amending Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, as conditioned in Resolution No. 2024-46, based on the project’s consistency with the General Plan and Zoning Ordinance.

RECOMMENDED MOTION
I move to approve Conditional Use Permit No. 2024-29 based on the findings and conditions in Resolution No. 2024-46.

PROJECT DESCRIPTION
On August 23, 2021, the applicant obtained approval of Conditional Use Permit No. 2021-22 to allow the development of a new 1,315 square foot Jack in the Box restaurant with drive-thru on a 1.11-acre parcel in the C-N (Neighborhood Commercial) Zone. During the entitlement process, the applicant requested to allow the fast-food restaurant to operate 24-hours a day, consistent with other Jack in the Box restaurants located in the City. However, during the public hearing, one person from the public spoke in opposition to the applicants request to operate 24- hour a day. The Planning Commission, understanding the concern, opted to include a condition limiting the hours of operation from 5:00 A.M. to 12:00P.M. (midnight). This condition was included as Condition No. 10 of Resolution No. 2024-46. A copy of Resolution No. 2021-42 is attached to this staff report.

Construction of the Jack in the Box restaurant
at the northwest corner of South Lovers Lane
and East Tulare Avenue was completed on
September 21, 2022. The applicant had
inquired with staff on multiple occasions on
regarding the process to amend the operating
hours condition. Through these discussions,
staff encouraged the applicant to operate for
at least a year and then consider an
amendment to the approved entitlement.

The Jack in the Box fast-food restaurant has
been in operation for over a year. To date, there has not been a single complaint or concern from the public regarding the restaurant.
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BACKGROUND INFORMATION
General Plan Land Use Designation: Commercial Neighborhood Zoning: C-N (Neighborhood Commercial)
Surrounding Zoning and Land Use: North: C-MU (Commercial Mixed Use) – Vacant South: Tulare Avenue, O-PA (Professional
Administrative Office) – existing Visalia
Wellness Center
East: Lovers Lane, O-PA (Professional Administrative
Office) – Vacant (entitled duplexes)
West: C-N (Neighborhood Commercial) – Single family
residence.

Environmental Review: Categorical Exemption No. 2024-40 Site Plan: 2020-198

RELATED PLANS AND POLICIES
All related plans and policies are reprinted in the attachment to this staff report entitled “Related Plans and Policies”.

RELATED PROJECTS
On August 23, 2021, the Planning Commission approved Conditional Use Permit No. 2021-22, a request to build a 1,315 square foot Jack in the Box fast-food restaurant with a drive-thru lane on the northwest corner of East Tulare Avenue and South Lovers Lane by a 5-0 vote.

PROJECT EVALUATION
Staff recommends approval amending the condition on the operating hours based on project consistency with the General Plan and the Zoning Ordinance.

Land Use Compatibility
Fast food restaurant uses, with a drive-thru lane, are considered a “permitted use” in the C-N zone subject to the drive-thru performance standards established in Section 17.32.162 of the VMC. A Conditional Use Permit was warranted based on the drive-thru not complying with subsection B(1) of the above reference section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property.

The 2021 staff report analyzed the use, based on its layout and proximity to residences, was consistent and similar to other fast-food drive-thru uses approved in the city which were located within 250-feet of a residence or residentially zoned parcel.

Conditions of Approval and Limitation to Hours of Operation Planning Commission meeting of August 23, 2021
During the public hearing, the applicant clarified to the Planning Commission that the fast-food restaurant was seeking to operate 24 hours a day which was not consistent with the hours noted on the application form which listed operating hours from 6:00 A.M. to 12:00 A.M. (midnight). Staff stated during the presentation of the item that fast food facilities were not limited to specific operating hours in the Municipal Code but would have to comply with the Noise Ordinance (VMC Chapter 8.36). Additionally, none of the other four Jack in The Box 1362
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restaurants in Visalia operated with limited hours. Additional testimony was received from a member of the public who spoke and shared their concerns for the 24/7 operating hours, based on the projects proximity to abutting residences and Pinkham Elementary School which is approximately 1,321-feet to the west.

Discussion amongst the Planning Commissioners resulted in the Commission concluding that it might be more appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development came to the site and provided more buffer to the abutting residences. The project was approved subject to a condition that limited the hours of operation as described in this staff report.

Staff Analysis
The applicant has provided a narrative and letter to the Commission in Exhibits “B” and “C” in support of their request to modify the hours of operation for the Jack in the Box fast-food restaurant. Both exhibits by the applicant identify the project’s compliance with the municipal code, operational history at the site, and no public complaints received at the site. The applicant attributes their success of operating a business in compliance with all City codes due to the management structure in which the business is operated. Additionally, the applicant identifies that “the need to operate 24/7 is directly tied to the increased minimum wage requirement by the State”.

Based on reviewing the sites operating history, staff supports the request of the applicant, on the basis that the project site and operator have operated in good standing over the past year without any issues reported to the Neighborhood Preservation / Code Enforcement Division.

Approving the modified hours of operation would not be inconsistent. There have been several similar approvals for fast-food restaurants to operate 24 hours a day within proximity of residential development. If the Planning Commission were to approve this request, the business is still subject to compliance with the City’s Noise Ordinance. If substantiated complaints are received, it would result in the site being declared a public nuisance, staff would seek to initiate the process of getting the business/site into compliance including initiating the CUP amendment process to modify hours of operation.

Environmental Review
The requested action is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40). Projects determined to meet this classification consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the use beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized in the Class 1 are not intended to be all-inclusive of the types of projects.
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RECOMMENDED FINDINGS

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.

3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40).

RECOMMENDED CONDITIONS OF APPROVAL

1. That all conditions of Conditional Use Permit No. 2021-22, adopted per Resolution No. 2021-42 shall remain applicable, except for the hours of operation as revised by this Conditional Use Permit.

2. The hours of operation shall be modified to allow 24-hour, 7-day a week operation of the Jack in the Box Restaurant on the site.

3. Failure to comply with all conditions as set forth may result in the revocation of Conditional Use Permit No. 2024-29, per Visalia Municipal Code Section No. 17.38.040.

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe Street, Visalia California. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.
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Attachments:
• Related Plans and Policies
• Resolution
• Exhibit “A” – Project Narrative
• Exhibit “B” – Letter to the Commission
• Site Plan Review Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Photo
• Location Map
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Related Plans and Policies
Chapter 17.18: PLANNED COMMERCIAL ZONES

17.18.060 Development standards in the C-N zone.

The following development standards shall apply to property located in the C-N zone:

A. Minimum site area: five (5) acres.

B. Maximum building height: fifty (50) feet.

C. Minimum required yards (building setbacks):

1. Front: fifteen (15) feet;

2. Rear: zero (0) feet;

3. Rear yards abutting an R-1 or R-M zone district: fifteen (15) feet;

4. Side: zero (0) feet;

5. Side yards abutting an R-1 or R-M zone district: fifteen (15) feet;

6. Street side yard on corner lot: ten (10) feet.

D. Minimum required landscaped yard (setback) areas:

1. Front: fifteen (15) feet;

2. Rear: five (5) feet (except where a building is located on side property line);

3. Rear yards abutting an R-1 or R-M zone district: five (5) feet;

4. Side: five (5) feet (except where a building is located on side property line);

5. Side yards abutting an R-1 or R-M zone district: five (5) feet;

6. Street side on corner lot: ten (10) feet.

D.1.163Drive-thru lanes performance standards.

A. Purpose and Intent. It is the purpose of this section to specify performance standards applicable to uses that seek to incorporate a drive-thru lane in association with a specified use. This section does not apply to carwashes and lube and oil changing stations.

B. Performance standards:

1. Separation from residences. The drive-thru lane shall be no less than two hundred fifty (250) feet from the nearest residence or residentially zoned property.

2. Stacking. The drive-thru lane shall contain no less than ten (10) vehicle stacking, measured from pickup window to the designated entrance to the drive-thru lane. There shall be no less than three vehicle spaces distance from the order menu/speaker (or like device) to the designated entrance to the order window.

3. Circulation. No portion of the drive-thru lane shall obstruct any drive aisles or required on-site parking. The drive-thru shall not take ingress or egress from a local residential road.

4. Noise. No component or aspect of the drive-thru lane or its operation shall generate noise levels in excess of 60 dB between the hours of 7:00 p.m. and 6:00 a.m. daily.

5. Screening. The entire drive-thru lane shall be screened from adjacent street and residential view to a height of three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the City Planner.

6. Menu boards and signage. Shall be oriented or screened to avoid direct visibility from adjacent public streets. (Ord. 2017-01 (part), 2017: Ord. 2014-07 § 3, 2014) 1366
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Table 17.25.030
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Resolution No. 2024-46
RESOLUTION NO. 2024-46

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2024-29, A REQUEST BY MIKE DAVIS TO AMEND CONDITION OF APPROVAL NO. 10 OF CONDITIONAL USE PERMIT NO. 2021-22, LIMITING THE HOURS OF OPERATIONS FROM 5:00 A.M. TO 12:00 A.M. FOR A JACK IN THE BOX FAST FOOD RESTAURANT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT SITE IS LOCATED AT 1145 SOUTH LOVERS LANE (APN: 100-120-051).

WHEREAS, Conditional Use Permit No. 2024-29 is A request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on August 19, 2024; and WHEREAS, the Planning Commission of the City of Visalia finds the Conditional Use Permit to be in accordance with Section 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the Planning Commission finds the project to be Categorically Exempt consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15301.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
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Resolution No. 2024-46

3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40).

BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Conditional Use Permit on the real property here described in accordance with the terms of this resolution under the provisions of Section 17.38.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That all conditions of Conditional Use Permit No. 2021-22, adopted per Resolution No. 2021-42 shall remain applicable, except for the hours of operation as revised by this Conditional Use Permit.

2. The hours of operation shall be modified to allow 24-hour, 7-day a week operation of the Jack in the Box Restaurant on the site.

3. Failure to comply with all conditions as set forth may result in the revocation of Conditional Use Permit No. 2024-29, per Visalia Municipal Code Section No.

17.38.040.
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To whom it may concern:

The owner/operator of the Jack in the Box restaurant location at 1145 S. Lovers Lane (northwest corner of Lovers Lane and Tulare Avenue) is requesting a CUP amendment to revise the hours of operation to 24-hours per day.

Per Condition 10 of Resolution No. 2021-42, the operation hours are restricted to 5:00AM to midnight. The operator has determined that in order to maximize sales revenue, it is in their best interest to provide 24-hour service.

This restaurant represents the closest quick-serve restaurant to a large portion of Visalia residents, especially those living east of Lovers Lane, so the increased hours of operation would provide options to those who may be seeking food during this timeframe.

The 24-hour operations would be in line with other nearby commercial properties along Lovers Lane which are listed as 24-hour (including Shell at Lovers Lane & Walnut and both ARCO/AMPM and 7-Eleven at Lovers Lane & Noble).

This location does not provide any outdoor dining and focuses primarily on drivethru service, which would mitigate noise concerns due to patrons conversing outside the restaurant or in the parking lot. The drive-thru speaker is approximately 200 feet from the adjacent residences (measured from the speaker to the home structure).

The drive-thru lanes are oriented such that vehicles would point east and north, with their headlights directed away from the adjacent residences. It is assumed that customer volumes at this time will be relatively low, so drive-thru patrons may order promptly and pull to the service window on the east side of the building by Lovers Lane, where the building will provide shielding and there would not be a large queue lane generated parallel to Tulare closer to the homes. As such, it is assumed that the additional operational hours would not adversely impact the nearby residents.

Exhibit "A"
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To: Visalia City Planning Commission
From: Mike Davis & Patrice Roux
Re: Amendment to Conditional Use Permit 2024-29 (August 12, 2024 Meeting)

HISTORY
VTP Enterprises has been a part of the community of the Central Valley since 1987. VTP even took its name by combining the initials of the cities it felt closest to (Visalia, Tulare, and Porterville). Back in 1987, VTP started with 5 Jack in the Box restaurants. By 2016, the count was up to 14.

GROWTH
VTP has expanded its JIB restaurant sites by opening new restaurants in 2016 (Farmersville), 2019 (Plaza), 2020 (Bardsley), 2022 (Shannon), 2023 (Lovers Lane).

Currently we are on schedule to open new JIB sites in late 2024 (Oaks Marketplace), 2025 (Exeter), 2025 (Orosi), 2025 (Demaree).

COST TO DO BUSINESS
We have choice to make as business owners. As our costs go up, prices follow. One of the major reasons we are requesting 24/7 service is to help minimize price increases. The increases are directly related to the in in the minimum wage to $20. We prefer to provide more jobs than to simply raise prices. If we are granted 24/7 service, we anticipate adding 4 full time positions at our Lovers Lane location.

Due to the high cost of food and labor, these days most Quick Service Restaurants are not open 24/7.

The difference with our Brand is that Jack in the Box caters and advertises to the late-night crowd. In fact, our restaurants have 40% of our day-to-day sales come after 9pm.

OUR NEIGHBORHOOD
Since we opened on May 8, 2023, we have yet to have one complaint on any issue from any neighbor.

We keep our site clean and well landscaped.

CURRENT HOURS
Our Lovers Lane site is currently open from 5am – Midnight. We respectfully request you grant us 24/7 service.

Thank you,
Mike Davis & Patrice Roux
Current partners of VTP Enterprises
Exhibit "B"
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Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission’s original decision of limiting operating hours from 5:00am to 12:00am.

BACKGROUND
For many years, the previous businesses on the Northeast corner of Lovers Lane and Tulare Ave consisted of a dog grooming salon, a tattoo parlor, and a small storage facility. While the building itself might have been older, there were never any issues that brought concern to the neighborhood. The traffic to these businesses was quiet, mostly because customers would show up for their appointments in approximately 30 minute to 1 hour intervals.

In August of 2021, a conditional use permit was granted to Mike Davis to build and operate a fast food Jack in the Box restaurant at 1145 S. Lovers Lane. This permit included a condition of approval that limited the hours of operation to 5:00am to 12:00am. (Condition of Approval No. 10 for Conditional Use Permit No. 2021-22). Some of the local residents voiced their opinion in opposition of the project at the time and many of us were relieved to learn after it was built that it would have restricted hours and would not be in operation for 24 hours a day.

At some point, on his own accord, Mr. Davis adjusted the hours of this location to extend from 5:00am to 1:00am. There was a sandwich board advertising these hours for quite some time and the current hours listed in Google Maps still report these hours.

Currently, many of the neighbors continue to remain in opposition of a “bait & switch” situation in which the restaurant could possibly be operating 24 hours of the day. The traffic patterns with this type of business are very different than the previous businesses, with cars and traffic moving through the location every few minutes rather than every 30 minutes or an hour.

LOCATION
This location has a drive thru that is located much less than the required 250 feet from any residence or residentially zoned area.

While the previously approved conditional use permit allowed this location to be built on this spot, it warrants highlighting just how close this location is to multiple residences.
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The drive thru is only 100 ft from the residence at 2800 Tulare Ave.

The drive thru is only 237 ft from the backyard of the residence at 1210 Maple Court. 2322
The drive thru is only 230 ft from the residence at 1223 Arkle Street.

The drive thru is only 150 ft from the residence at 1211 Arkle Street. 2323
The drive thru is only 210 ft from the residence at 2927 E. Laurel Ave.

The drive thru is only 149 ft from the residence at 2915 E. Laurel Ave. 2324
The drive thru is only 223 from the residence at 2912 E. Laurel Ave.

OTHER 24-HOUR BUSINESSES
If drivers need a 24-hour option for food, there are already three other options nearby that are located in areas that do not affect nearby residences. These locations are near the Lovers Lane and 198 freeway access and the major intersection of Walnut Ave and Lovers Lane. Therefore, there is no need to direct additional 24-hour traffic to a separate location that would affect the residents in our neighborhood.
7-Eleven and Arco/AMPM are both located near the intersection of Lovers Lane and Noble Ave, both locations appear to be at least 400 ft from the closest residence, as shown below. 2325
Shell Gas station is located at the corner of Lovers Lane and Walnut Ave. This site is located approximately 180 ft away from the nearest residence, but is separated by landscaping and a block wall barrier, as seen in the photo below.
2326

CONCERNS
Some of the major concerns that neighbors have are an increase in traffic on this corner, especially during the late night and early morning hours. With increased traffic comes additional noise pollution and light pollution during these hours. The headlights of cars going through the drive thru shine their headlights at a different angle than those going through the Tulare Ave/Lovers Lane intersection.

These headlights shine directly at the living room and bedroom windows of more than one home nearby as they make their way through the drive through.

These following images were taken from my particular residence, from right outside my front door, which is directly next to my living room window, and from inside from my bedroom window, respectively. Other neighbors have stated similar instances of headlights shining into their homes.

Front door/Living Room view. Bedroom window view.

Additionally, there is a concern regarding the type of traffic and drivers that this may bring to our neighborhood during the early morning hours. There is a concern that this could bring a higher incidence of intoxicated drivers during these hours. The resident at 2912 E. Laurel Avenue has already had a drunk driver crash into his front lawn in the early morning hours (pictured below) and has had another traffic accident end up in his front lawn from a separate collision. The neighborhood would prefer not to create a situation in which this type of occurrence could happen on a more frequent basis.
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THE NEIGHBORHOOD
This neighborhood consists of many long-established families and homes. Many of them have lived in the area between ten, twenty, thirty, and even sixty years. I personally live in my childhood home and have been babysat by some of the current residences or sold Girl Scout cookies to them many years ago. We know each other and we look out for each other. This area is a former county annex, and therefore is without the typical physical barriers, such as landscaping and a block wall, to businesses and busy roads. Any development that happens along the streets adjacent to our homes affects us to a much higher degree than in other more recently developed neighborhoods with these features.

Through conversations with neighbors, I knew I was not alone in having the concerns related to this possible change in business hours. Therefore, I recently collected signatures on a petition to oppose the approval of the 24-hour Jack in the Box and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am. I collected a total of 37 signatures.

Twenty-seven were in person, and another 10 were via a digital version of the same petition.

These signatures represented 26 nearby residences and 7 other concerned residents who have family or friends that this decision could affect. Our sincere hope is that the business could remain sympathetic to the neighborhood and maintain the reduced hours of 5:00am to 12:00am that the Planning Commision already decided was the best choice for this location.

With the improvements of the intersection at Lovers Lane and Highway 198, we know that there will be more progress and business coming to our area, however, we ask that the safety, comfort, and livability of our neighborhood be strongly considered when making these decisions. We appreciated 2328
and agreed with the Planning Commission's decision and condition of reduced hours for the Jack in the Box at 1145 S. Lovers Lane and implore the members of City Council to maintain this original decision.

Respectfully Submitted,
Deborah Cardoza
Local Resident
2329
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Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

Action petitioned for
Printed Name
We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack In the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone.

The project site Is located at 1145 South Lovers Lane (APN: 100-120-051).

AddreH Comment Date
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Petition to oppose the approval of a 24-hour Jack In the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

Action petitioned for We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack In the Box fast food restaurant In the Neighborhood Commercial (C-N) Zone.

The project site Is located at 1145 South Lovers Lane (APN: 100-120-051). 1;
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Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

Action petitioned for We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack In the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone.

The project site Is located at 1145 South Lovers Lane (APN: 100-120-051). i.. "
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"! 2332
Saturday, August 31, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Michele Perez
Address 6435 W Clinton Ave
Visalia, CA, 93291
E-mail [email protected]
Signature
Comments
This is an inappropriate place for a 24h drive through. This area is impacted by high traffic already and these homeowners deserve some break from the incessant noise Create your own automated PDFs with Jotform PDF Editor- It’s free Document ID: 242436277456059
2333
Saturday, August 31, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Jennifer Stoneman
Address 2520 N Chinowth St
Visalia, CA, 93291
Signature
Comments
I’m concerned for those of my friends and family living in this part of the neighborhood- it is already impacted by high traffic and these homeowners deserve an overnight break from disruptive traffic & noise.

Create your own automated PDFs with Jotform PDF Editor- It’s free Document ID: 242437503877059
2334
Saturday, August 31, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Megan Gaebe
Address 6246 W. Damsen Ct.

Visalia, Ca, 93291
E-mail [email protected]
Signature
Comments
I am concerned for my friends & family who live in the area. This is an inappropriate place for a 24h drive through. This area is impacted by high traffic already and these homeowners deserve some break from the incessant noise.

Create your own automated PDFs with Jotform PDF Editor- It’s free Document ID: 242437375840056
2335
Saturday, August 31, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Yvette San Souci
Address 520 North Roeben Ct
Visalia, CA, 93291
E-mail [email protected]
Signature
Comments
I am concerned how a late night 24 hour Jack in the box will negatively affect the safety, well being and property value of the residential neighborhoods close by.

Create your own automated PDFs with Jotform PDF Editor- It’s free Document ID: 242438060208046
2336
Sunday, September 1, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name brian greaves
Address 3113 Laurel Ave
visalia, ca, 93292
E-mail [email protected]
Signature
Create your own automated PDFs with Jotform PDF Editor- It’s free Document ID: 242446908688068
2337
Tuesday, September 3, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name guadalupe Gomez
Address 2800 e. Tukare ave
Visalia, Tulare, 93392
E-mail [email protected]
Signature
Create your own automated PDFs with Jotform PDF Editor- It’s free Document ID: 242467567581064
2338
Tuesday, September 3, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Carmen Gomez
Address 2800 E Tulare Ave
Visalia , CA , 93292
Signature
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2339
Wednesday, September 4, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Jared Tilley
Address 2936 E Meadow Ave
Visalia, CA, 93292
E-mail [email protected]
Signature
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2340
Wednesday, September 4, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Julia Coopmans
Address 3826 W Ceres Ave
Visalia, CA, 93291
E-mail [email protected]
Signature
Comments
This is an inappropriate place for a 24h drive through. This area is impacted by high traffic already and these homeowners deserve some break from the incessant noise.

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2341
Wednesday, September 4, 2024
Petition to oppose the approval of a 24-hour Jack in the Box fast food restaurant in our neighborhood and to maintain the Planning Commission's original decision of limiting operating hours from 5:00am to 12:00am.

We, the undersigned, are concerned citizens who urge our leaders to act now to deny Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 for Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00am to 12:00am for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) Zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Name Sarah Princetta
Address 4029 W Ceres Ct
Visalia, CA, 93291
E-mail [email protected]
Signature
Comments
This neighborhood has already been impacted by high traffic volume. This location is too close to homes in order to operate with these late hours.

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General Plan
Land Use Map
E Tulare Ave
S Lovers Lane
S Arkle St
E Laurel Ave
Vicinity Map
Dinuba RigginMooney CourtDemareeMain
Walnut
Goshen
Houston
Noble Lovers Lane
Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
Commercia Mixed Use
Commercial Neighborhood
Office
.

Residential Low Density
Project Site
0 0.01 0.01 0.03 Miles
2356
Zoning Map
E Tulare Ave
S Lovers Lane
S Arkle St
E Laurel Ave
Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.