Attachment 6 – August 12, 2024 Revocation of Conditional Use Permit No. 2019-29 Planning Commission Staff Report and Resolution No. 2024-47

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.”).

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 th e 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

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 non- permitted 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-and- Desist 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 t he 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 t wo 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 an d 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.

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 resu lt 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 permitte d 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”.

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

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 Chapter s 5.68, 8.20, 15.08, 1 5.20, 15.24, 1 5.28, 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:

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.

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.

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, al l 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 occupatio n. 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”

"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" wi thout 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 t his 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

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 wo rking 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 t en (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;

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 pr eceding 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 up on 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)

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 req uirement 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

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 design ee, following the hearing shall be final and conclusive. There is no appeal to the City

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

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)

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

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 non- compliance 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.

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

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.

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.

competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non- compliance 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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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 Drive-
thru lane
zoning
require-
ments.

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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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/historical-
public/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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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 C 17.32.050

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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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

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
Indus-
trial
Zones
Special Use
Standards
(See
identified
Chapter or
Section)

USE
C-N
C-R
C-S
C-MU
D-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.

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 th e 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 m ay 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.

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 place d 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:

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 o f 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 t reatment, 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.

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 addre ss 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 defi ned 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

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 C ity 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 lo cked, 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 Dep artment 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 D epartment 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.

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.

9. Attachment “E”

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 St
E Willow Ave
E Myrtle Ave
S Santa Fe St
S Santa Fe St
S Bridge St
S Tipton St
Vicinity Map
Dinuba
Riggin
Mooney
Demaree
Court
M
a i n
Walnut
G o s h e n
H o u s t o n
Noble
Lovers Lane
Caldwell
Akers
Hwy 99 Shirk
P
l
a
z
a
Betty
Hwy 198
.

Project Site
0 0.04 0.090.02 Miles

Visalia City CouncilSeptember 16, 2024

Visalia City Council
September 16, 2024