Agenda packet — Visalia City Council, December 16, 2024 (part 3 of 3)

Government Code section 65585, subdivision (i), grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or Housing Element Law. This includes failure to implement program actions included in the housing element. Failure to implement rezone actions in Programs 1.1 and 1.7 by the statutory deadline means the City’s housing element will no longer substantially comply with Housing Element Law, and HCD may revoke its finding of substantial compliance.

Various consequences may apply if the City does not have a housing element in compliance with Housing Element Law, including ineligibility or delay in receiving certain state funds, referral to the California Office of the Attorney General, court-imposed financial penalties, the loss of local land use authority to a court-appointed agent, and the application of the “builder’s remedy.”3
Conclusion
Housing elements are essential to developing a blueprint for growth and are a vital tool to address California’s prolonged housing crisis. Accordingly, state law has established clear disincentives for local jurisdictions that fail to comply with Housing Element Law.

To ensure the City continues to meet the 6th cycle update requirements for a substantially compliant housing element, the City must submit any adopted rezones and accompanying resolutions to HCD for review.
4 HCD will consider any written response before taking further action authorized by Government Code section 65585, subdivision (i), including issuance of a Corrective Action Letter and removal of HCD’s finding of housing element compliance.

HCD looks forward to receiving your written response to this inquiry. If you have any questions or would like to discuss the content of this letter, please contact Reid Miller from our staff at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Division of Housing Policy Development
3 Gov. Code, §§ 65585, subds. (j), (l)(1), (i); 65589.5, subd. (d)(5). 4 Gov. Code, § 65585.
558
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0522 Agenda Date: 12/16/2024 Agenda #: 4.

Agenda Item Wording:

Public hearing and first reading of Ordinance Nos. 2024-15 and 2024-16 to adopt Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and Code of Regulations Section 15061(b)(3).

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number: Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559) 713-4636; Paul Bernal, Department Head / City Planner, [email protected] <mailto:[email protected]>, (559) 713-4025 Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of:
· Ordinance No. 2024-15, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units; and,
· Ordinance No. 2024-16, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments.

However, the City Council may, in lieu of the recommended motion for the Objective Design Standards ordinance as specified above, consider any of the following alternative motions:

1. Adopt the Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments by resolution rather than by ordinance (adoption by resolution could allow for these design standards to be modified / revised in the future without holding multiple public hearings); or

2. Direct staff to conduct further outreach to stakeholders and interested individuals which could result in modifications to the residential objective design standards as proposed, and direct that any revised objective design standards be reconsidered in a public hearing before the Planning Commission and City Council; or

3. Refer the matter back to Planning Commission for further evaluation based on comments received by the City Council.

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Background Discussion:

Zoning Text Amendment (ZTA) No. 2024-03 is a city-initiated request to prepare updates to the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to development standards for residential uses, specifically applicable to accessory dwelling units and toward new single-family residential developments throughout the City.

The updates are needed for the City’s Zoning Ordinance in response to new and significantly increased state legislation in recent years which have made the City’s ordinances outdated in addressing emerging topics of both the addition of dwelling units on a parcel with new or existing residential uses and to the applicability of defined objective standards (as opposed to subjective standards) toward new residential uses.

The Accessory Dwelling Unit (ADU) Ordinance Update will amend the City’s existing ordinance to ensure compliance with state law commencing in Government Code Section 66310. As proposed, this ordinance will meet the requirements for state law. The Update also provides the City with the opportunity to reconsider its own local standards in response to both state legislation that streamlines requirements for ADUs and the increased interest by property owners to construct additional housing units on their property. Legislation has greatly expanded upon various aspects of ADUs and their development standards, including the types and number of units allowed on a property. State law has also created provisions for a relatively new type of unit called Junior Accessory Dwelling Units (JADU) which is currently not addressed in the City’s ordinance. With the adoption of an updated ADU ordinance, together with other recent efforts such as the creation of permit-ready ADU plan sets, the City will be in an improved position to both encourage construction of new ADUs and ensure that such uses are compatible with other surrounding residential uses.

The Single-Family Residential Objective Design standards and Planned Residential Development standards largely responds to current growth trends where developers have been utilizing smaller lot sizes and new design techniques. As the City has had to respond to more forms of non-traditional single-family residential neighborhoods over the years, developers have desired a set of reliable codified objective design standards in keeping with the City’s Single-Family Residential and Planned Residential Development objectives upon which developers can utilize to plan new neighborhoods and with City staff can comfortably support based on compliance with the Municipal Code. The standards address a range of topics that include appearance, landscaping, fences, off-street parking, and common open space areas within planned residential developments.

The Zoning Text Amendment is further being carried out in fulfillment of certain implementation programs in the City’s Housing Element of the General Plan. Specifically, Housing Element Program

3.15 (Promoting Accessory Dwelling Units) includes an action that requires the city to update its Ordinance to integrate changes in state housing law. Failure to update the ADU ordinance to be consistent with state law may result in the state taking action to decertify the Housing Element. Also, Housing Element Program 2.7 (Missing Middle) includes an action to review and amend residential development standards for a mix of dwelling unit types (including various types of multi-family units, which will occur in 2025).

Analysis: Accessory Dwelling Units
History
An ADU, which refers to an accessory dwelling unit and can be also called a second dwelling unit or granny flat, is a secondary residential unit that shares a lot with an existing residence.

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A JADU or junior accessory dwelling unit is an ADU created within the walls of a proposed or existing single-family home and may be no larger than 500 square feet. JADUs have been introduced into state law only in recent years and are not currently addressed in Visalia’s code.

In response to the state housing crisis, the California legislature in 2019 passed six bills (SB 13, AB 68, AB 587, AB 670, AB 671, AB 881) that collectively addressed state regulation toward ADUs.

Additional bills, including AB 2221 and SB 897, both passed in 2022, further amended Government Code sections 65852.2 and 65852.22 and provided clarification on number of units allowed. These code sections have since been renumbered to begin at Government Code section 66310.

This new state legislation preempts all local ordinances that do not comply with the new standards.

Cities are expected to update their local ordinances to comply with the state legislation. If cities fail to do so, the new state laws automatically apply, and applicants are permitted to develop ADUs and JADUs under the state legislation. Since the change in state law, Visalia has regulated ADUs and JADUs in accordance with state law since the current municipal ordinance is not consistent with the new state law requirements.

Visalia has not updated its ADU ordinance since legislation was passed in 2019. Its last amendment processed in 2017 pertained to parking standards that were also based on state legislation. Local jurisdictions now have very limited authority to adopt local regulations and restrictions for typical land development standards such as unit size, number, height, setback and parking. However, the city does retain limited discretion to apply land use regulations as it deems appropriate, such as imposing a height limit of 16 feet and imposing certain objective design standards to prevent impacts to historic resources but a revised ordinance must be approved before these allowed types of regulations would be allowed.

Proposed Amendments
This Zoning Text Amendment proposes to remove in its entirety the current City ordinance pertaining to ADUs that commences in Article 2 of Chapter 17.12 pertaining to the Single-family Residential Zone. A newly written code is proposed to be located as a new stand-alone chapter, Chapter 17.14, which is currently unused. The rationale behind moving the code away from the Single-family Residential Zone chapter is in recognition that ADU’s, in accordance with state law, are now permitted in any residential or mixed-use zone, as well in zones where residential uses are conditionally allowed (ref. Section 17.14.040). The ZTA further updates references to the ADU ordinance that are found in other chapters of the ordinance.

The proposed amendments are provided in the attached Ordinance No. 2024-15 and in Attachment

1. Highlights of the proposed changes are as follows.
• Number of Units (Section 17.14.070). In compliance with state law, lots that are zoned Single-Family Residential are permitted to have one ADU and one JADU within the space of an existing dwelling or accessory structure meeting specified requirements, plus one ADU that is detached new construction. This accounts for potentially four units on one lot, as required by state law, provided that the owner resides on the property. Only inclusion of the JADU requires the owner to reside on-site.

For newly created attached or detached units:
• Size (17.14.090(A)). An ADU may not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms. An attached accessory Visalia City Council Page 3 of 11 Printed on 12/13/2024 powered by Legistar™561
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dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling. • Height limitations (17.14.090(B)). For ADUs located within a rear yard setback which the City has limited to a 12-foot height limit, a 16 foot maximum height limit with allowance to 18 feet if located within a half-mile of a major transit stop or high-quality transit corridor (or 20 feet to accommodate a matching roof pitch with the primary dwelling unit). • Front yard setback (17.14.090(D)). The City’s code mandates that an ADU be subject to the same front yard setback requirement applicable to the primary dwelling unit, unless it precludes development of an accessory dwelling unit that is at least 800 square feet. • Side and rear yard setback (17.14.090(D)). An ADU shall have a minimum setback of four feet from these property lines, consistent with the state’s allowance of an ADU no larger than 800 square feet to be placed no closer than four feet from property line. • Design standards for historic-designated properties (17.14.090(E)). Objective design standards have been added for properties located within the Historic Preservation District and/or the Local Register of Historic Structures. This is to ensure that such properties have defined parameters to maintain a character that is historic in nature, since state law prohibits jurisdictions from imposing subjective standards upon ADUs, even if imposed by a review committee.
• Standards for Junior Accessory Dwelling Units (17.14.110).

For additional information, Attachment 4 provides a summary of the level of discretion that a city can apply to local land development standards on ADUs and JADUs and Attachment 5 provides a table summarizing the city's existing ADU requirements, state law requirements, and staff’s recommended revisions to comply with state law.

The state legislature has made several modifications to ADU law to encourage more affordable housing development over the past several years, and more changes can be expected in the coming years. While such state-initiated modifications might further require regular updates to local ordinances, the City cannot simply defer to state law for all regulation toward ADUs and JADUs.

Jurisdictions are expected to update their ordinances. This is good for local ordinances as it provides greater clarity to residents on the allowances and limitations. In addition, as addressed in Attachment 4, a local ordinance can still exercise some level of discretion towards ADU regulation.

Consistency with State Law and General Plan Policies and Local Law The proposed amendments are consistent with California Government Code sections 65852.2 and 65852.22 (now renumbered as Government Code section 66310) and the changes to state law that are now currently in effect.

The proposed amendments are consistent with the residential density ranges of the General Plan Land Use Element in that, pursuant to state law, an ADU or JADU shall not be considered to exceed the allowable density for the lot upon which it is located.

Additionally, the proposed amendments implement the following General Plan goals, policies, and programs:

LU-O-23 - Provide a range of housing types and prices within new neighborhoods to meet the needs of all segments of the community.

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family and multi-family housing types can be compatible in a single development.

HE Policy 1.4 - The City shall encourage a mix of residential development types in the city, including single family homes, on a variety of lot sizes, as well as townhomes, row houses, livework units, planned unit developments, accessory dwelling units, and multi-family housing.

HE Policy 3.11 - The City shall continue to support, facilitate the construction, and provide for the development of accessory dwelling units on parcels with single-family and multi-family units while protecting the character of neighborhoods and zoned parcels as a means of providing affordable housing.

HE Program 3.15 Promoting Accessory Dwelling Units. - The City shall promote the development of ADUs, prioritizing the higher resource areas. The City shall:
• By June 2024, compile and publish information regarding permit requirements, changes in State law, the Permit Ready ADU program, available incentives (such as fee waivers; see Program

3.12) and the benefits of accessory dwelling units; information shall be published on the City website, and advertised through City social media outlets and email lists at least twice a year.

To date, the changes in State law is the last major component of this program needing to be accomplished. Currently the Planning Division has websites dedicated to ADUs and to the Permit Ready ADUs. In the past year, the City has engaged the public through social media and email as it has sought to update its ADU ordinance, and has engaged with the public on ADUs at in-person events such as the twice-a-year Home Expo show.

Community Engagement
The City released a draft of the ADU ordinance together with the Single Family Residential Objective Design Standards ordinance for a public review period from August 30 to September 30, 2024 (32 days total). Announcement for the public review period was conducted via an email blast to stakeholders and interested people (signed up through www.housevisalia.com <http://www.housevisalia.com>) and through multiple City of Visalia social media announcements.

One public comment was received during the public review period on behalf of the Historic Preservation Advisory Committee regarding the design requirements listed in Section 17.14.090.

The comment sought to clarify terminology and add additional examples of window and door treatments.

An additional public comment was received on behalf of the Historic Preservation Advisory Committee on December 11, 2024, included as Attachment 7. The comments recommend correcting spelling and adding the phrase “e.g.” in one section, which staff considers as grammatical changes which will be addressed in the 2nd (final) reading.

Action by Planning Commission
On November 12, 2024, the Planning Commission voted 4-1 (Norman: no) to recommend approval of Zoning Text Amendment No. 2024-03 as presented by staff. During the public comment period of the agenda item, one person spoke on the item. Dolores Taylor, representing the Building Industry Association of Tulare / Kings Counties, Inc., in addressing concerns regarding the proposed Objective Design Standards ordinance (refer to the Analysis section of the Objective Design Standards ordinance below), stated that the two ordinances did not seem compatible, wherein the ODS ordinance was for beautifying while the ADU ordinance was for intensifying.

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Objective Design Standards
History
Staff led three City Council work sessions between 2020 and 2022 to discuss concerns regarding single-family residential subdivision design, particularly directed toward developments with lots less than 5,000 square feet, planned unit developments, and the 5-pack / cluster design housing. The concerns led toward direction for the City to develop an ordinance that gives explicit codified standards on public open space, off-street parking, and structure design. Separately, the City applied for and received a State Housing and Community Development (HCD) grant to fund three development activities, including an update of the Planned Unit Residential Ordinance and the Accessory Dwelling Unit Ordinance. The grant allowed the City to request proposals for preparation of ordinance updates, which was awarded to Mintier Harnish in August 2022.

In February 2024, the City Council authorized expanding the scope of the contract with Mintier Harnish to prepare objective design standards for single-family residential development in the City.

The desire to expand the scope of work was based upon the necessity to establish clear codified standards for traditional single-family residential development in response to state legislation allowing ministerial approvals of residential development (such as SB 9 adopted in 2021 and SB 35 adopted in 2017), and based upon a desire to have improved design standards toward traditional subdivisions, including those with lot sizes below 5,000 square feet. The task for preparation of objective design standards was folded into the contract with Mintier Harnish based upon the similarity in nature to the ongoing Zoning Ordinance updates.

Having a clear and dedicated set of objective design standards has become a topic of interest for the City due to the increase of State mandates and regulations on permitting housing, thereby reducing the City’s ability to enact design considerations if a City does not have adopted/codified objective design standards. Legislation such as SB 35 provides a ministerial process for facilitating housing development that removes any ability for a jurisdiction to impose conditions or design features that are not already explicitly stated in an ordinance. Such examples of design features that the City has required in the past has included adhering to a higher standard of facades or building elevations on the front or on all sides of the structure, inclusion of common open space areas, and inclusion of offstreet guest parking stalls within planned unit developments. In response to current State legislation and more that is expected to come in forthcoming years, many jurisdictions in California are moving towards adopting a set of objective design standards to retain local control on the design of housing developments within their communities.

Proposed Amendments
The resulting ordinance, now collectively referred to as the Single-Family Residential Objective Design standards (ODS), is intended to apply toward all new single-family residential construction within the city boundaries on any lot regardless of parcel size, except ADUs and properties within the Historic District or Local Register of Historic Structures.

This Zoning Text Amendment proposes a newly written code commencing in Article 2 of Chapter

17.12 (Single-family Residential Zone Ordinance), which would be the former location of the ADU Ordinance.

The proposed ODS ordinance will work in tandem with other existing objective standards that address residential development standards (i.e. setback requirements, height limits), which already exist in Chapter 17.12 Article 1, and for lots below 5,000 square feet in size, in Section 17.12.135(B).

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sizes below 5,000 square feet are being replaced with the proposed ODS standards now applicable to all development in Single-family Residential zone districts (see Exhibit “C” for standards being removed from Section 17.12.135).

Additionally, the proposed ODS standards will work in tandem with the Planned Development (i.e.

PUD) Ordinance, found in Chapter 17.26, and will not require any changes to the PUD Ordinance.

This is because the PUD Ordinance provides more broad parameters on design considerations and outlines procedures for processing planned developments, which are not limited to residential uses alone. The proposed ODS standards that specifically apply to PUDs are off-street guest parking facilities, usable common open space areas, and sidewalks.

The objective design standards will help expedite a development’s ministerial review process. This is done by providing more narrowly defined expectations up-front to ensure that new single-family residential development is compatible with Visalia’s existing community character while complying with both state and local regulations. Builders will have access to these regulations through the City’s Municipal Code and can apply the regulations to development prior to any preliminary or formal review process conducted by the City. The implementation of the project will also satisfy the terms of the State HCD Grant that was awarded to the city to fund the Citywide Objective Design Standards project that will help accelerate housing development.

The proposed performance standards are provided in the attached Ordinance and in Attachment 2.

Sections of the proposed ordinance are outlined below, with general descriptions provided in italics.

These standards may be used as guidelines for the development of single-family dwellings in multifamily residential and non-residential zones.

17.12.140 Purpose and Applicability

17.12.150 Site Planning
A. Site Placement
Developments with two or more structures shall be staggered with a minimum of two -foot variation measured from the front setback
B. Site Development
Front entryways on all units shall include one or more front windows, a covered porch, and a pedestrian walkway leading directly to the sidewalk.

17.12.160 Structure Design Standards
A. Massing
Primary elevations wider than 25 feet shall incorporate at least one of the following massing elements for every 15 feet: Projection, Recession, Second Floor Step Back, Bay Window.

B. Articulation
Structures shall be vertically (height) and horizontally (depth) articulated along the primary elevations.

C. Fenestration
All windows and doors shall include a recess and/or a trim. Shutters if used shall be sized to the window shape.

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D. Balconies
No portion of a second floor balcony shall be within 20 feet of the adjacent property line except when screening is incorporated.

E. Design Details
Regulations are provided for the use and number of Materials and Colors.

Accessory Structures, when constructed simultaneously, shall match the details.

17.12.170 Landscaping
Regulations are provided which require landscaping, utilization of state or local Water Efficient Landscape Ordinance requirements, street trees, and limitation of pavement / hardscape.

17.12.180 Fences, Walls, and Hedges
A. Height
Restatement of existing City of Visalia fence standards.

B. Materials
Use of barbed wire, electric charged fencing, corrugated paneling, and chain link (except in street fronting setbacks) is prohibited.

17.12.190 Exterior Lighting
Entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security, subject to standards.

17.12.200 Off-Street Parking Facilities
Regulations are specified for the use of garages as covered parking and limitations on uncovered parking areas. Regulations include off-street guest parking facilities for Planned Unit Developments.

17.12.210 Useable Common Open Space Areas for Planned Unit Developments Requirements are specified for usable common open space, including passive and/or active recreational amenities, as required in Table 1 specified in the code.

17.12.220 Sidewalks for Planned Unit Developments
Sidewalks shall be a minimum of five feet width and shall implement City standards.

17.12.230 Exception Powers of the Planning Commission
Specifies that an applicant may request an exception to one or more of the ODS regulations by following the Variance entitlement procedures wherein the Commission must make a specialized finding.

Applicability
If adopted, the new ordinance will apply to any new development project that is submitted for entitlement application following the effective date of the ordinance, which would be 30 days after a second reading of the ordinance. The new standards will not apply to previously approved projects (i.e. projects having received tentative map approval) or projects have been submitted and are in process of being deemed for completeness or are being prepared for public hearing.

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Community Engagement
Engagement began early in the update process through the conducting of stakeholder interviews by the consultant. In April 2023, one-on-one interviews were conducted with three local stakeholders to gain feedback on the City’s residential development regulations and review processes (a list of fifteen stakeholders was compiled, though only three responded for interviews). A summary and key takeaways statement was prepared and is included as Attachment 6. Findings from these interviews were taken into consideration in the preparation of the ordinance.

The City released a draft of the ODS ordinance together with the ADU ordinance for a public review period from August 30 to September 30, 2024 (32 days total). Announcement for the public review period was conducted via an email blast to stakeholders and interested people (signed up through www.housevisalia.com <http://www.housevisalia.com>) and through multiple City of Visalia social media announcements.

One public comment was received during the public review period on behalf of San Joaquin Valley Homes. In response to these comments, staff made the following changes to the Public Review Draft, which are now incorporated in the draft being proposed for adoption:
· 17.12.150.A.2.b - The term “front door” has replaced “primary entrance”. · 17.12.150.A.2.c - The garage section’s description of its placement with regard to the primary elevation has been changed, and the maximum width of the primary elevation has been increased from 50% to 60%.
· 17.12.150.B.3.e - Clarification that an optional pedestrian pathway from the front entry to the driveway is also allowed in addition to the pathway from the front entry to the sidewalk. · 17.12.200.B - Clarification of carport standards. In lieu of prohibiting carports, standard now reads that carports are allowed only if they do not serve as the required covered parking (e.g., porte cocheres, carports in front of garages).
· 17.12.200.C - Clarification of uncovered parking areas, stating that such areas shall be paved with concrete or a permeable or impermeable surface.
· 17.12.210.B - Clarification made to recreational amenities, stating that they may be either passive or active.

An additional public comment was received on behalf of the Historic Preservation Advisory Committee on December 11, 2024, included as Attachment 7. The comment recommends also excluding properties in the Historic District from the ODS in addition to sites on the Local Register of Historic Structures, which are already excluded.

Consistency with State Law and General Plan Policies and Local Law The proposed amendments are consistent with California legislation that facilitates a streamlined review preprocess subject to objective regulatory standards and affordable housing requirements, whether ministerial or discretionary. Specific legislation includes the Housing Accountability Act (1982, amended 2018; Government Code Section 65589.5), SB 35 a.k.a. Housing Accountability & Affordability Act (2017), and the Housing Crisis Act of 2019 a.k.a. SB 330 (2019) and SB 8 (2020).

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programs:

LU-O-21 - Preserve and enhance the character of residential neighborhoods while facilitating infill development.

LU-P-49 - Preserve established and distinctive neighborhoods throughout the City by maintaining appropriate zoning and development standards to achieve land use compatibility in terms of height, massing and other characteristics; providing design guidelines for high-quality new development; supporting housing rehabilitation programs; and other means.

LU-P-50 - Provide development standards to ensure that a mix of detached and attached singlefamily and multi-family housing types can be compatible in a single development.

HE Program 2.7 Missing Middle: The City will review and amend residential development standards to allow for and promote a mix of dwelling types and sizes, specifically missing middledensity housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to encourage the development of housing types affordable to the local workforce.

Specifically, the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage, required setbacks, open space and landscaping requirements, and parking ratios, particularly in high resource, low-density, infill parcels. The City shall meet with local developers, property owners, and non-profits agencies to identify constraints and potential incentives to infill and missing middle development in 2024 and shall adopt revised standards for such projects in 2025.

Action by Planning Commission
On November 12, 2024, the Planning Commission voted 4-1 (Norman: no) to recommend approval of Zoning Text Amendment No. 2024-03 as presented by staff. At the request of staff, the motion included a request for staff to bring the ordinance back to the Commission on November 25, 2024, to add an appeal provision to the ODS ordinance. The new section, included as Section 17.12.230, was accepted by the Commission without further discussion.

During the public comment period of the agenda item, one person spoke on the item. Dolores Taylor, representing the Building Industry Association of Tulare / Kings Counties, Inc., voiced concerns that the proposed ODS ordinance would raise construction costs resulting in making housing less affordable, and would impose additional regulations that would require additional City staff time during project review.

The Commission felt that the ODS ordinance would help put the City in a better position to impose standards upon any future ministerial project.

In providing dissenting comments prior to a motion, Commissioner Norman expressed concern in imposing additional regulations upon residential developments that seem to be coming from the State which contributes toward increasing the cost of housing upon the buyer.

Fiscal Impact:

None.

Prior Council Action: None.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading Ordinance No. 2024-15 for Zone Text Amendment No. 2024-05 to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Visalia City Council Page 10 of 11 Printed on 12/13/2024 powered by Legistar™568
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amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units; and,
I move to introduce for first reading Ordinance No. 2024-16 for Zone Text Amendment No. 2024-05, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards.

Environmental Assessment Status:

The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance. The Zoning Ordinance amendment for the proposed ODS ordinance is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, and thus is not subject to CEQA review.

CEQA Review:

Attachments:

1. Ordinance No. 2024-15 for Accessory Dwelling Units

2. Ordinance No. 2024-16 for Objective Design Standards, with addition of an appeals provision, Section 17.12.240

3. Attachment 1 - Revised Public Review Draft, Accessory Dwelling Unit Ordinance

4. Attachment 2 - Revised Public Review Draft, Single-Family Residential Objective Design Standards Ordinance

5. Attachment 3 - Revisions to Section 17.12.135, (Standards for) Lot area less than 5,000 square feet

6. Attachment 4 - Table of State Accessory Dwelling Unit Law - Areas of local discretion

7. Attachment 5 - Summary of changes to existing ADU regulations

8. Attachment 6 - Stakeholder Interview Summary

9. Attachment 7 - Correspondence from Historic Preservation Advisory Committee, December 11, 2024
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ORDINANCE NO. 2024-15

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-03, A REQUEST BY THE CITY OF VISALIA

TO ADD TO AND AMEND REGULATIONS WITHIN THE VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) PERTAINING TO ACCESSORY DWELLING UNITS.

THE REGULATIONS WILL APPLY CITYWIDE TO PROPERTIES WITHIN THE CITY LIMITS OF THE CITY OF VISALIA.

WHREAS, Zoning Text Amendment No. 2024-03 is a request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. This Ordinance only pertains to the adoption of regulations pertaining to Accessory Dwelling Units; and,
WHEREAS, as required by California law, the City of Visalia has prepared an update (i.e., 6th Cycle Update) to its Housing Element to reflect the current Regional Housing Needs Allocation (RHNA) cycle of 2023-2031; and, WHEREAS, one implementation program (i.e. 3.15) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt a text amendment to the Visalia Zoning Ordinance to compile and publish information regarding permit requirements and changes in State law as it pertains to Accessory Dwelling Units; and,
WHEREAS, the City of Visalia has initiated a Zoning Text Amendment to update its existing ordinance pertaining to Accessory Dwelling Units particularly in response to state legislation passed in recent years that has greatly expanded upon various aspects of Accessory Dwelling Unit regulation, including the number and types of units allowed on a property, and that said Zoning Text Amendment is being done to ensure compliance and consistency with state law and to provide the public with an updated set of local regulations that will aid persons with understanding the requirements for Accessory Dwelling Units; and,
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 2024; and, WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the 570
City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing, and recommended that the City Council approve Zoning Text Amendment No. 2024-03; and,
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on December 16, 2024, and introduced said Ordinance for first reading on that date.

WHEREAS, the Planning Commission finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated Accessory Dwelling Unit ordinance, and pursuant to Code of Regulations Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Guidelines, Public Resources Code Section 21080.17, and Code of Regulations Section 15061(b)(3).

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:

1. That the Zoning Text Amendment is consistent with the intent of the General Plan and Zoning Ordinance and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, as described in the following Land Use and Housing Element Policies:

Land Use Element Policy LU-O-21 - Preserve and enhance the character of residential neighborhoods while facilitating infill development.

Land Use Element Policy LU-O-23 - Provide a range of housing types and prices within new neighborhoods to meet the needs of all segments of the community.

Land Use Element Policy LU-P-49 - Preserve established and distinctive neighborhoods throughout the City by maintaining appropriate zoning and development standards to achieve land use compatibility in terms of height, massing and other characteristics; providing design guidelines for high-quality new development; supporting housing rehabilitation programs; and other means. 571
Land Use Element Policy LU-P-50 - Provide development standards to ensure that a mix of detached and attached single-family and multi-family housing types can be compatible in a single development.

Housing Element Policy 3.11 - The City shall continue to support, facilitate the construction, and provide for the development of accessory dwelling units on parcels with single-family and multi-family units while protecting the character of neighborhoods and zoned parcels as a means of providing affordable housing.

Housing Element Program 2.7 Missing Middle: The City will review and amend residential development standards to allow for and promote a mix of dwelling types and sizes, specifically missing middle-density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to encourage the development of housing types affordable to the local workforce.

Housing Element Program 3.15 Promoting Accessory Dwelling Units. - The City shall promote the development of ADUs, prioritizing the higher resource areas.

2. That applying the proposed Accessory Dwelling Unit standards to future housing and residential uses will encourage increased housing options, including but not limited to affordable housing, throughout the City, as endorsed through the City of Visalia Housing Element Update (6th Cycle). These standards are designed to promote and ensure compatibility with adjacent land uses.

3. That the City has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance, and pursuant to the CEQA Common Sense Exemption (Code of Regulations Section 15061(b)(3)) since there would be no possibility of a significant effect on the environment.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2024-03, is approved, as contained in Exhibit “A” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, 572
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.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 573
Ordinance No. 2024-__
EXHIBIT ‘A’
Section 1. Visalia Municipal Code Title 17 (Zoning Ordinance) is hereby amended, to read as follows, as specified by as specified by underline & italics for additions and strikeout for deletions:

Title 17 ZONING
Chapters:

17.14 [Reserved] Accessory Dwelling Units
Chapter 17.08 Agriculture Zone

17.08.030 Accessory uses.

The following accessory uses are allowed in conjunction with permitted uses:

D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200 Chapter 17.14.

Chapter 17.10 Open Space Zone

17.10.030 Accessory uses.

C. Accessory dwelling units as specified in Chapter 17.14.

Chapter 17.12 Single-family Residential Zone

17.12.060 One Number of dwelling units per site.

Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

17.12.150 Definitions.

17.12.160 General provisions.

17.12.170 Process.

17.12.180 Development requirements.

17.12.190 Appeals.

17.12.200 Existing nonconforming accessory dwelling units. 574

17.12.030 Accessory uses.

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

D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200 Chapter 17.14.

17.12.040 Conditional uses.

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

M. Duplexes on corner lots;
[Note: All subsequent items in list shall be renumbered commencing with M.]

17.12.060 One Number of dwelling units per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J) notwithstanding Chapter 17.14 pertaining to accessory dwelling units, and notwithstanding California Government Code Section 65852.21(a) which allows two residential units on a site.

Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

It is the purpose of this article to provide for the following:

A. To encourage a range of housing types, styles and costs to suit the varying needs and desires of the community;
B. To allow homeowners a means of obtaining, through tenants and accessory dwelling units, an additional source of income, companionship, security, and services; C. To add inexpensive rental units to the housing stock of the city; D. To create homeownership opportunities for moderate income households who might otherwise be excluded from the housing market, through the additional income derived from accessory dwelling units;
E. Develop housing in single-family neighborhoods that is appropriate for a variety of stages in the household life cycle, thereby lessening fluctuations in neighborhood demand for public services;
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F. Protect the stability, property values, and character of single family residential neighborhoods by insuring that accessory dwelling units are subject to the standards that follow. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(A))

17.12.150 Definitions.

As used in this article, the following terms are defined in this section:
"Principal dwelling unit" means a single-family dwelling unit situated on a residential lot in the A or R-1 zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added.
"Accessory dwelling unit" means an additional dwelling unit having separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a single-family dwelling on a residential lot in the A or R-1 zones. Accessory dwelling units may also be efficiency units, as defined in Section 17958.1 of the health and Safety code, and manufacturing homes, as defined in Section 18007 of the Health and Safety Code.
"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(B))

17.12.160 General provisions.

An accessory dwelling unit may be established by the conversion of an attic, basement, garage (if alternative parking area is provided for the principal dwelling unit), or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction.

Second dwelling units may be mobile homes, provided that such units are subject to all applicable standards of Section 17.32.110, governing the placement of mobile homes on single-family lots. All applications for accessory dwelling units, whether processed as a permitted use or an exception, must comply with the general provisions stated below:

A. Accessory dwelling units shall only be allowed on lots located in the A and R-1 zones;
B. In no case shall more than one accessory dwelling unit be placed on the same lot or parcel;
C. Second dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places;
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D. Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area;
E. A covenant running with the land between the city and the applicant shall be recorded with the Tulare County recorder prior to the issuance of any building permits requiring that the primary or the proposed accessory dwelling unit shall be occupied by the owner of record;
F. The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit by size, location and appearance;
G. The second unit's scale, appearance and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences; H. In no case shall any accessory dwelling unit be approved on a site on which the principal dwelling unit has been the subject of a garage conversion pursuant to the regulations of Section 17.32.140 governing such conversions.

I. Size. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty (320) square feet in living area. An efficiency unit shall not be less than one hundred fifty (150) square feet in living area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code; J. Access. Doorway access shall be provided either to the side or rear of the second housing unit;
K. Utility Services. Second housing units shall be provided with water, sewer, and other utilities as determined by the building official. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(C))

17.12.170 Process.

The city planner shall approve or deny accessory dwelling unit requests based upon the specified requirements. The applicant may appeal the decision of the city planner 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, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(D))
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17.12.180 Development requirements.

The following development requirements shall apply to accessory dwelling units:

A. The increased floor area of the second unit shall not exceed twelve hundred (1,200) square feet or ) fifty (50) percent of the main dwelling unit, whichever is greater, and shall be used as an accessory to the primary single family home.

B. Adequate parking area must be available on the streets adjacent to the accessory dwelling unit. If adequate on-street parking is not available in the immediate vicinity, or in the case of all second units located on cul-de-sac lots, one additional off-street parking space must be provided. Tandem parking shall not be deemed as meeting the above parking requirement. The additional parking space shall be waived if in any of the following instances:

1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car share vehicle located within one block of the accessory dwelling unit.

C. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

D. Detached accessory dwelling units are subject to all applicable standards for accessory structures, as stated in the development requirements for the underlying zone, unless a variance has been granted pursuant to Chapter 17.42. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(E))

17.12.190 Appeals.

The applicant may appeal the decision of the city planner 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, within ten (10) days after notification of such decision.

The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting 578
following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(F))

17.12.200 Existing nonconforming accessory dwelling units.

An existing accessory dwelling unit situated on a lot or parcel in the A or R-1 zones shall constitute a violation of this title unless: (1) the unit meets the standards and criteria of Chapter 17.12, and an agreement is recorded; or (2) the accessory dwelling unit qualifies as a permitted nonconforming use and structure under the provisions of Chapter 17.40. No enlargement of habitable space shall be allowed unless the standards and criteria of Chapter 17.12 are met. This shall not apply to maintenance of the unit. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997:
prior code § 7283(G))
Chapter 17.14: Accessory Dwelling Units

17.14.010 Purpose and Intent.

17.14.020 Acknowledgement.

17.14.030 Applicability.

17.14.040 Where Allowed.

17.14.050 Permit Requirements and Processing Procedures.

17.14.060 Types of Accessory Dwelling Units.

17.14.070 Types and Number of Units Allowed.

17.14.080 Standards Applicable to All Accessory Dwelling Units.

17.14.090 Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

17.14.100 Standards Applicable to Converted Accessory Dwelling Units.

17.14.110 Standards Applicable to Junior Accessory Dwelling Units.

17.14.010 Purpose and Intent.

The purpose and intent of this Chapter is as follows:
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A. Purpose. The purpose of this Chapter is to provide regulations for the development of accessory dwelling units through a ministerial process consistent with California Government Code Section 66310 through 66342.

B. Intent. The regulations in this Chapter are intended to:

1. Implement the provisions of the General Plan Housing Element;

2. Assure compliance with California Government Code Section 66310 through 66342 and other relevant housing legislation;

3. Encourage the development of accessory dwelling units;

4. Streamline and minimize governmental constraints on residential development; and

5. Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units.

17.14.020 Acknowledgement.

The City recognizes the State of California is facing a housing crisis. The City acknowledges accessory dwelling units expand lower cost housing opportunities and are an essential component of the City’s and State’s housing supply.

17.14.030 Applicability.

The regulations established in this Chapter shall apply to all accessory dwelling units where allowed in compliance with Section 17.14.040 (Where Allowed) of this Chapter and State law. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Chapter and the California Building Code. An accessory dwelling unit that conforms to the standards of this Chapter shall not be:

A. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit is located or proposed; B. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located or proposed;
C. Considered in the application of any City ordinance, policy, or program to limit residential growth; and
D. Required to correct a nonconforming zoning condition as defined in Chapter 17.04 (Definitions). This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12. 580

17.14.040 Where Allowed.

In compliance with California Government Code Section 66314, accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows residential uses. Specifically, the City’s Agriculture zone (A), Open Space zone (OS), Single-family residential zones (R-1-5, R-1-12.5, and R-1-20), and Multi-family residential zones (R-M-2 and R-M-3) shall allow accessory dwelling units by-right.

This Section also applies to mixed-use zoning districts which allow residential and zones which allow residential as a conditionally permitted use. Specifically, the City’s Commercial zones (C-N, C-R, C-S, C-MU, and D-MU, Office zones (O-PA and O-C), and Industrial zones (BRP, I-L, and I) shall allow accessory dwelling units by-right.

17.14.050 Permit Requirements and Processing Procedures.

A. An application for an accessory dwelling unit that complies with all applicable requirements of this Chapter and California Government Code Section 66310 through 66342 shall be approved ministerially through the Building Permit process. A Building Permit application for an accessory dwelling unit on a parcel with an existing or proposed single-family or multi-family dwelling shall be approved or denied within 60 days of the Building Permit application being deemed complete. The Building Permit applicant may request a delay in the City processing of the Building Permit, which shall result in the suspension of the 60-day time period.

B. If a permit application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, including conditional use permits, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application for the primary single-family or multi-family dwelling, but the application to build the accessory dwelling unit or junior accessory dwelling unit shall be considered ministerially without discretionary review or hearing.

17.14.060 Types of Accessory Dwelling Units.

An accessory dwelling unit approved under this Chapter may be one of, or a combination of, the following types:

A. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.
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B. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

C. Converted. An accessory dwelling unit that is entirely located within the existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. See Section 17.14.100 (Standards Applicable to Converted Accessory Dwelling Units) of this Chapter.

D. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following (see Section 17.14.110 (Standards Applicable to Junior Accessory Dwelling Units) for additional regulations):

1. Shall only be allowed on parcels zoned Single-family Residential (R-1-5, R-1-12.5, or R-1-20) and that include an existing or proposed single-family dwelling.

2. Is entirely located within a proposed or existing primary single-family dwelling or its attached garage.

3. Has independent exterior access from the primary dwelling.

4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.

5. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

17.14.070 Types and Number of Units Allowed.

A. Single-Family Residential Zones. One of each of the following types of accessory dwelling units are allowed on lots zoned Single-Family Residential:

1. One new construction accessory dwelling unit, attached or detached, as described in Government Code Section 66323(a)(2).

2. One conversion accessory dwelling unit, attached or detached, within the existing or proposed square footage of the primary single-family dwelling or accessory structure, as described in Government Code Section 66323(a)(1).

3. One junior accessory dwelling unit built fully within the existing square footage of the primary single-family dwelling unit as described in Government Code Section 66323(a)(1).
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B. Multi-Family Residential Zones. Accessory dwelling units are allowed in Multi-Family Residential zones and shall comply with all of the following:

1. Converted Spaces within a Multi-Family Residential Dwelling Structure. Multiple accessory dwelling units shall be allowed within an existing or proposed multi-family residential dwelling structure and shall comply with all of the following:
a. Accessory dwelling units are allowed within any multi-family residential dwelling structure in portions of such structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for residential dwellings. b. The number of accessory dwelling units allowed in converted spaces of multi-family residential dwelling structures is limited to a maximum of 25 percent of the number of multi-family dwellings within the existing or proposed structure (Example: If a multifamily structure has 10 units, a maximum of two accessory dwelling units in converted spaces is allowed.). In no case shall fewer than one accessory dwelling unit be allowed.

2. Detached Accessory Dwelling Units. No more than two detached accessory dwelling units on a parcel with an existing or proposed multi-family residential dwelling structure.

C. Mixed-Use Zones and Conditional Use. Accessory dwelling units are allowed by right in mixed use zones and zones where residential uses are allowed as a conditional use.

The number and type of accessory dwelling units allowed in these zones shall be in accordance with Section 17.14.070(A) and 17.14.070(B) dependent on the type of existing or proposed residential use on the proposed lot.

D. Urban Lot Splits. Parcels that undergo a lot split in accordance with Government Code Section 65852.21 and 66411.7 are allowed a maximum of two dwelling units per lot. Accessory dwelling units and junior accessory dwelling units shall count towards this two-unit limit.

E. In no case shall more than four units be allowed on a single lot in any combination of primary dwelling units, accessory dwelling units, and junior accessory dwelling units.

17.14.080 Standards Applicable to All Accessory Dwelling Units.

The following standards apply to all accessory dwelling units, including junior accessory dwelling units.

A. Parcel Size and Width. No minimum parcel size or parcel width standards shall apply to the construction of an accessory dwelling unit.
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B. Parcel Coverage. No parcel coverage standards shall apply to the construction of an accessory dwelling unit.

C. Open Space. An accessory dwelling unit shall comply with the minimum open space requirements of the applicable zoning district, except in the case where the minimum open space requirement would preclude an accessory dwelling unit, one attached or detached accessory dwelling unit with a maximum size of 800 square feet, regardless of the number of bedrooms, shall be allowed and shall comply with the requirements of this Chapter.

D. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary dwelling located on the parcel.

E. Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling.

F. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling per the California Building Code.

G. Permanent Foundation.

1. All accessory dwelling units shall be permanently attached to a permanent foundation as defined by the California Building Code.

2. The use of a recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, tiny house on wheels, boat, or other apparatus not designed for permanent human habitation is prohibited from use as an accessory dwelling unit.

H. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit on a parcel with a primary dwelling.

I. Illegal Units. This Chapter shall not validate any existing illegal accessory dwelling units or junior accessory dwelling units. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.

J. Separate Conveyance. Except as provided in Government Code Section 66340 through 66342, an accessory dwelling unit shall not be sold or otherwise conveyed separately from the parcel and the primary dwelling(s).

K. Rental Term. No accessory dwelling unit shall be rented for a term of less than 30 days.

L. Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than 750 square feet in size. Any impact fee charged to an accessory dwelling unit 750 square feet or larger in size, including accessory dwelling 584
units converting existing space, shall be charged proportionately in relation to the square footage of the primary dwelling.

1. Single Family Residential. For purposes of calculating the fees for an accessory dwelling unit on a lot with a single-family dwelling, the proportionality shall be based on the square footage of the primary dwelling unit (e.g. the floor area of the accessory dwelling unit, divided by the floor area of the primary dwelling unit, times the typical fee amount charged for a new dwelling).

Example impact fee calculation for an accessory dwelling unit on a single-family residential parcel:

17.14.090 Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

The following standards shall apply only to attached and detached accessory dwelling units.

A. Unit Size Requirements. Attached and detached accessory dwelling units shall comply with the following unit size requirement:

1. Attached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling.

2. Detached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms.

3. Unit Type Combinations. A detached, new construction accessory dwelling unit may be combined on the same parcel with one junior accessory dwelling unit. When combined with a junior accessory dwelling unit, the maximum size of the detached accessory dwelling unit is limited to 800 square feet, regardless of the number of bedrooms.
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4. Measurement of Unit Size. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage.

B. Height. Accessory dwelling units are limited to a maximum height of 16 feet, except as established below:

1. Detached Units Located Adjacent Transit Services. If a detached accessory dwelling is located within a half-mile of a major transit stop or high-quality transit corridor, as defined in Chapter 17.04 (General Provisions and Definitions), the unit is limited to a maximum height of 18 feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling unit.

2. Detached Units on Multi-Family Residential Dwelling Parcels. If a detached accessory dwelling is located on a parcel with a multistory multi-family dwelling structure, the detached accessory dwelling unit is limited to a maximum height of 18 feet.

3. Attached Units. An accessory dwelling attached to the primary dwelling is limited to 25 feet or the height allowed in the underlying zoning district, whichever is lower. In no case shall an accessory dwelling unit exceed two stories.

C. Parking. One off-street parking space is required for an accessory dwelling unit in addition to that required for the primary dwelling, except as established below.

1. No off-street parking shall be required for an accessory dwelling unit if any of the following circumstances exist:
a. The accessory dwelling unit is located within one-half mile of public transit. b. The accessory dwelling unit is on a property located within the Historic Preservation District, or for properties with structures listed on the Local Register of Historic Structures.
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. Where there is a car share vehicle located within one block of the accessory dwelling unit.
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2. The required off-street parking space may be covered or uncovered and shall be allowed in tandem and in setback areas, except as specified in Paragraph C.3 of this Subsection, unless the review authority makes specific findings that such parking is not feasible due to specific site topographical or fire and life safety conditions.

3. Covered parking shall not be allowed in setback areas.

4. If a garage, carport, or covered parking is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required.

D. Setbacks. An accessory dwelling unit shall comply with the following setback requirements:

2. Conversion of Existing Living Space or Existing Accessory Building. See Section

17.14.100.C.

3. New Detached Unit. A new construction detached accessory dwelling unit shall comply with the front setback of the underlying zoning district, unless it precludes development of an accessory dwelling unit that is at least 800 square feet. A detached accessory dwelling unit shall have a minimum setback of four feet from the side and rear lot lines.

E. Design. The following requirements apply only to accessory dwelling units located within the Historic Preservation District as provided in the City’s Zoning Map or is located on a parcel where the primary structure is listed on the City’s Local Register of Historic Structures.

1. Converted Structures. The conversion of an existing structure to an accessory dwelling unit shall not alter any exterior features of the existing structure except as necessary to comply with current Building Code, State law, and this Chapter to make the unit livable (e.g., addition of doors or windows, garage door removal, addition of air conditioning unit). Any exterior alternations shall comply with Subparagraphs 2 through 6 of this Subsection E.

2. Siding. Siding treatments of the accessory dwelling unit (e.g. clap board, board and batten, shingle) shall be an in-kind replication of the primary residence.

3. Vents. Vent features on the exterior of the accessory dwelling unit shall be an in-kind replication of the vent features of the primary residence. 587

4. Roof Features. Roof features (fascia, exposed rafter rails, corbels) and roof materials (asphalt shingles, wood shingles, tile) shall be an in-kind replication of the primary residence.

5. Windows and Doors. The window and door treatments (e.g., trim width, shutters, muntins, grilles, sills, mullions, lintels, etc.) of the accessory dwelling unit shall be an inkind replication of the window and door features of the primary residence.

6. Exterior Lighting. Exterior light fixtures shall be an in-kind replication of the exterior lighting of the primary residence.

17.14.100 Standards Applicable to Converted Accessory Dwelling Units.

The following standards shall apply only to converted accessory dwelling units:

A. Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure. Limited expansion areas shall conform with accessory dwelling unit setback requirements.

B. Exterior Access Required. The converted space or structure shall have exterior access.

C. Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

D. Parking. No additional off-street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement space(s) shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces.

Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

E. Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this Chapter. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it would not be subject to the established unit size requirements.

17.14.110 Standards Applicable to Junior Accessory Dwelling Units.

The following standards shall apply only to junior accessory dwelling units. 588
A. Where Allowed. Junior accessory dwelling units shall only be allowed on parcels zoned for Single-Family Residential use and that include an existing or proposed singlefamily dwelling.

B. Location on Parcel. A junior accessory dwelling unit shall be allowed in the following locations:

1. Within the walls of an existing or proposed primary single-unit dwelling.

2. A conversion of an attached garage in the existing or proposed primary single-unit dwelling.

C. Number of Units Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel.

D. Unit Size Requirements. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 square feet and shall not expand the size of an existing singlefamily dwelling by more than 150 square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.

E. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen as described in Section 17.14.060(D)(5).

F. Parking. No off-street parking is required for the junior accessory dwelling unit.

G. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single-family dwelling. If a bathroom facility is not shared with the single-unit dwelling, the junior accessory dwelling unit may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation.

H. Deed Restriction. Junior accessory dwelling units shall comply with the following deed restriction requirements:

1. Deed Restriction Required. Prior to issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Tulare County Recorder’s office and a copy filed with the City. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law. b. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.
c. The deed restriction runs with the land and shall be enforced against future property owners.
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d. The property owner shall reside on the site of the primary dwelling in which the junior accessory dwelling unit will be permitted for a minimum of three years. The owner may reside in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

2. Deed Restriction Removal. The deed restriction may be removed if the property owner eliminates the junior accessory dwelling unit. To remove the deed restriction, a property owner shall make a written request to the City, providing evidence that the junior accessory dwelling unit is eliminated. The City shall determine the junior accessory dwelling unit has been eliminated. If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards.

3. Enforcement. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.

Chapter 17.16 Multi-family Residential Zones

17.16.030 Accessory uses.

In the R-M multi-family residential zone, accessory uses include:

D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200 Chapter 17.14.

Chapter 17.42 Variances and Exceptions

17.42.030 Variance powers of city planning commission.

The city planning commission may grant variances to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage coverage, front yard, rear yard, side yards, height of structures, distance between structures, off-street parking facilities, accessory dwelling unit standards pursuant to Sections 17.12.140 through

17.12.200Chapter 17.14, and downtown building design criteria pursuant to Sections

17.58.082 through 17.58.088; in accordance with the procedures prescribed in this chapter.
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ORDINANCE NO. 2024-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-03, A REQUEST BY THE CITY OF VISALIA

TO ADD TO AND AMEND REGULATIONS WITHIN THE VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) PERTAINING TO SINGLE-FAMILY RESIDENTIAL

OBJECTIVE DESIGN STANDARDS AND PLANNED RESIDENTIAL DEVELOPMENT

STANDARDS APPLICABLE TO NEW SINGLE-FAMILY RESIDENTIAL
DEVELOPMENTS. THE REGULATIONS WILL APPLY CITYWIDE TO PROPERTIES WITHIN THE CITY LIMITS OF THE CITY OF VISALIA.

WHREAS, Zoning Text Amendment No. 2024-03 is a request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. This Ordinance only pertains to the adoption of regulations pertaining to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments; and, WHEREAS, the City of Visalia has initiated a Zoning Text Amendment to establish new objective design standards pertaining to single-family residential development, including lots below 5,000 square feet in size, and pertaining to Planned Residential Developments, in response to an increase of utilization of smaller lot sizes and new design techniques by proponents, and in response from proponents seeking to have a clear set of reliable codified objective design standards form which to design a project and ensure support by City staff and officials, and in response to recent state legislation such as Senate Bill 9 (2021) and Senate Bill 35 (2017) that allows for ministerial approval of residential developments under certain provisions; and, WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 2024; and, WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing, and recommended that the City Council approve Zoning Text Amendment No. 2024-03; and,
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WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on December 16, 2024, and introduced said Ordinance for first reading on that date.

WHEREAS, the Planning Commission finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines, Code of Regulations Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Guidelines, Code of Regulations Section 15061(b)(3).

Land Use Element Policy LU-O-21 - Preserve and enhance the character of residential neighborhoods while facilitating infill development.

Land Use Element Policy LU-O-23 - Provide a range of housing types and prices within new neighborhoods to meet the needs of all segments of the community.

Land Use Element Policy LU-P-50 - Provide development standards to ensure that a mix of detached and attached single-family and multi-family housing types can be compatible in a single development.

Housing Element Policy 1.4 - The City shall encourage a mix of residential development types in the city, including single family homes, on a variety of lot sizes, as well as townhomes, row houses, live-work units, planned unit developments, accessory dwelling units, and multi-family housing. 592
Housing Element Policy 3.11 - The City shall continue to support, facilitate the construction, and provide for the development of accessory dwelling units on parcels with single-family and multi-family units while protecting the character of neighborhoods and zoned parcels as a means of providing affordable housing.

Housing Element Program 3.15 Promoting Accessory Dwelling Units. - The City shall promote the development of ADUs, prioritizing the higher resource areas.

2. That applying the proposed Single-Family Residential Object Design standards to future housing and residential uses will reflect sound planning principles and will assist in enhancing the character of residential neighborhoods.

3. That the City has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Common Sense Exemption, Code of Regulations Section 15061(b)(3), since there would be no possibility of a significant effect on the environment.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2024-03, is approved, as contained in Exhibit “A” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption. 593
Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 594
Ordinance No. 2024-__
EXHIBIT ‘A’
Section 1. Visalia Municipal Code Title 17 (Zoning Ordinance) is hereby amended, to read as follows, as specified by as specified by underline & italics for additions and strikeout for deletions:

Chapter 17.12 Single-family Residential Zone
Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

17.12.150 Definitions.

17.12.160 General provisions.

17.12.170 Process.

17.12.180 Development requirements.

17.12.190 Appeals.

17.12.200 Existing nonconforming accessory dwelling units.

Article 2. Single-Family Residential Objective Design Standards

17.12.140 Purpose and Applicability

17.12.150 Site Planning

17.12.160 Structure Design Standards

17.12.170 Landscaping

17.12.180 Fences, Walls, and Hedges

17.12.190 Exterior Lighting

17.12.200 Off-Street Parking Facilities

17.12.210 Useable Common Open Space Areas for Planned Unit Developments

17.12.220 Sidewalks for Planned Unit Developments

17.12.230 Exception Powers of the Planning Commission

17.12.135 Lot area less than 5,000 square feet.

A. Notwithstanding Section 17.12.050, lots in the R-1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:
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1. The Planning Commission finds that the development's overall density is consistent with the General Plan Low Density Residential General Plan density range of two (2) to ten (10) dwelling units per gross acre.

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

3. Streets shall be constructed to public street standards.

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

5. The development is consistent with all design standards established in Chapter 17.12 Article 2 (Single-Family Residential Objective Design Standards).

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

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

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

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

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

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

12. The subdivision shall provide a common, usable open space area of a minimum 3,000 square feet or two hundred fifty (250) square feet per lot under 5,000 square feet, whichever is greater. The area shall be landscaped and maintained with funding from either a homeowner's association or a landscape and lighting act district.
596
B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:

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

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

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

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

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

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

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

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

C. Lots less having a lot area of 3,600 square feet, or lots between 3,600 and 4,999 square feet that do not meet all the standards in this section Subsections A and B of Section 17.12.135 may be approved through the planned development permit process per Chapter 17.26. (Ord. 2017-01 (part), 2017)
Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

It is the purpose of this article to provide for the following:

A. To encourage a range of housing types, styles and costs to suit the varying needs and desires of the community;
B. To allow homeowners a means of obtaining, through tenants and accessory dwelling units, an additional source of income, companionship, security, and services; C. To add inexpensive rental units to the housing stock of the city; D. To create homeownership opportunities for moderate income households who might otherwise be excluded from the housing market, through the additional income derived from accessory dwelling units;
E. Develop housing in single-family neighborhoods that is appropriate for a variety of stages in the household life cycle, thereby lessening fluctuations in neighborhood demand for public services;
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F. Protect the stability, property values, and character of single family residential neighborhoods by insuring that accessory dwelling units are subject to the standards that follow. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(A))

17.12.150 Definitions.

17.12.160 General provisions.

A. Accessory dwelling units shall only be allowed on lots located in the A and R-1 zones;
B. In no case shall more than one accessory dwelling unit be placed on the same lot or parcel;
C. Second dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places;
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D. Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area;
E. A covenant running with the land between the city and the applicant shall be recorded with the Tulare County recorder prior to the issuance of any building permits requiring that the primary or the proposed accessory dwelling unit shall be occupied by the owner of record;
F. The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit by size, location and appearance;
G. The second unit's scale, appearance and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences; H. In no case shall any accessory dwelling unit be approved on a site on which the principal dwelling unit has been the subject of a garage conversion pursuant to the regulations of Section 17.32.140 governing such conversions.

17.12.170 Process.

17.12.180 Development requirements.

The following development requirements shall apply to accessory dwelling units:

1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car share vehicle located within one block of the accessory dwelling unit.

C. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

17.12.190 Appeals.

The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting 600
following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(F))

17.12.200 Existing nonconforming accessory dwelling units.

17.12.140 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish objective design standards that provide developers with a clear understanding of the City’s expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in the entitlement process. All applicable development projects are required to comply with all design standards found in this Chapter in addition to all applicable Building Permit requirements, Zoning Ordinance requirements, City Engineering Division Design and Improvement Standards, and all other applicable City, County, and State provisions.

B. Applicability. The standards of this Chapter apply to all new single-family residential developments on lots regardless of parcel size, unless exceptions from individual standards are granted through an exception per Section 17.12.230, or except as described below.

1. For the purposes of this Chapter, accessory dwelling units (ADUs) are considered accessory structures to a single-family residence and are subject to all applicable design standards for accessory structures established in this Chapter except where they interfere with State law or the City’s ADU Ordinance.

2. Buildings and structures listed on the City’s Local Register of Historic Structures are excluded from the requirements of this Chapter but are subject to committee review (see Chapter 17.56).

17.12.150 Site Planning
A. Site Placement
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2. Orientation
a. The primary elevation of the residence shall face the primary public or private right-ofway on which the parcel is located. For the purposes of this Section the primary elevation is that in which the front door or front entryway is located. b. On corner lots, the primary elevation is considered the elevation that is facing the street in which the residential address is associated with and front door or front entryway is located. The applicant/developer/property owner may file for an address change if they would like to change what street the primary elevation is located. c. Garages. Garages (attached or detached) shall be setback farther from or equal to the primary elevation and shall not exceed 60 percent of the width of the primary elevation.

B. Site Development.
602

1. Setbacks. Structure setbacks shall be subject to the provisions of the applicable zone of which the subject parcel is located in. For single-family provisions please see Chapter

17.12. For lots less than 5,000 square feet the setback requirements specified in Section 17.12.135 shall apply.

2. Height. Structure height shall be subject to the provisions of the applicable zone of which the subject parcel is located in. For single-family provisions please see Chapter

17.12. For lots less than 5,000 square feet the height requirements specified in Section

17.12.135 shall apply.

3. Front Doors / Front Entryways.
a. The main entry to the residence shall be located on the primary elevation. b. The primary elevation shall include a minimum of one window that is at least three feet by four feet.
c. Front entryways shall include a covered porch that complies with standards established in Section 17.32.090 of this Title. A porch can be recessed and/or projecting, however a canopy or awning alone cannot be utilized to fulfill this standard. d. A minimum three-foot wide pedestrian walkway, other than the driveway, shall provide direct access to the front door / front entryway of the residence from the primary sidewalk, or primary right-of-way if no sidewalk is present. Pedestrian walkways can be constructed with any materials (i.e., aggregate or natural stone or rock, brick, gravel, wood, poured concrete), except for dirt or topsoil.
e. In addition to the pedestrian walkway described in Subparagraph 3.d, a minimum three-foot pedestrian walkway may be provided to connect the front door / front entryway to the driveway. The walkway shall match the material as the pedestrian walkway from the front door / front entryway to the sidewalk. 603

17.12.160 Structure Design Standards.

A. Massing. To provide for visually interesting structures, primary elevations wider than 25 feet shall incorporate at least one of the following massing elements for every 15 feet:

1. Projections. A projection shall project at least two feet, but no more than six feet, from the main elevation plane and be at least eight feet wide. A projected area shall be capped with an eave or gable that matches the same materials and style as the main structure. A projection may extend into the required setback if it complies with Section

17.32.090 (Yard requirements – Exceptions) of this Title.

2. Recessions. A recession shall be at least two feet deep, but no more than six feet deep, from the main elevation plane and be at least five feet wide.

3. Second Floor Stepbacks. For two-story structures, the second floor may be stepped back by at least six feet, but no more than 12 feet, from the ground floor wall plane. The stepback shall extend along at least 50 percent of the length of the wall plane. The stepback may be continuous or composed of multiple segments that together total the required length.

4. Bay Window. A protruding window that is at least two feet from wall plane. 604
B. Articulation. Structures shall be vertically (height) and horizontally (depth) articulated along the primary elevations.

2. Horizontal Articulation. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet. 605
C. Fenestration.

1. All windows and doors shall include one of the following exterior design details:
a. A recess of at least two inches from the wall plane. b. Wood, metal, stucco covered foam, or engineered wood trim around the entire window or door with a minimum width of three inches and minimum depth of threequarters of an inch.

2. If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.

1. Materials
a. No more than four materials or finishes (not including roofing, door, or window materials) shall be used on each elevation, and no more than five materials or 607
finishes (not including roofing, door, or window materials) in total shall be used across all elevations.
b. The following materials are prohibited from use as exterior finishes (excluding windows and doors):
i. Vinyl siding
ii. Plastic
iii. Raw, non-treated/coated metal

2. Colors. A minimum of two, but no more than five, colors (or tints, shades, or tones of the same color) shall be used on the entire exterior of the building.

3. Accessory Structures. All accessory structures (i.e., accessory dwelling units, garages, workshops, storage sheds) visible from the primary street shall be constructed of the same materials, colors, roof type as the primary structure. This standard only applies to accessory structures constructed together with the primary dwelling unit.

17.12.170 Landscaping.

A. All areas not occupied by structures or pavement in the front yard area shall be landscaped. Landscaped areas shall consist of plantings, turf, mulch, or bark.

B. All landscape areas shall meet the requirements of the State Model Water Efficient Landscape Ordinance, or if applicable, the Water Efficient Landscape Ordinance of the City of Visalia. [Source: 17.30.015.C.1.a]
C. Trees. New developments shall plant a minimum of one tree along the street frontage. Trees shall be 15 gallons at the time of planting.

D. Pavement or hardscape shall not make up more than 50 percent of the front yard, unless necessary to meet other standards required by this Chapter.

17.12.180 Fences, Walls, and Hedges.

A. Height. Fences, walls, and hedges shall not exceed seven feet in height if on the side or rear yard setbacks, or three feet in height if in the front yard setback. A front yard fence or wall may be allowed to a height of up to four feet only if the portion exceeding three feet, at minimum, is constructed with a material that has a visibility percentage of at least 50 percent (i.e., lattice fencing). These standards also apply within five feet of the street side property line for corner lots.

B. Materials. The following materials are prohibited from use as fencing:

1. Barbed wire

2. Electric charged fencing

3. Corrugated Paneling
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4. Chain link (except for three to four-foot height fences within the front yard and street side yard setback)

17.12.190 Exterior Lighting.

A. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. All exterior lighting fixtures shall comply with all of the following standards:

1. Be fully shielded and directed downward (not above the horizontal plane) and shall not spill onto adjacent properties;

2. Be no more than of eight feet above the ground plane;

3. Ground-mounted light fixtures to illuminate driveways, landscaped areas, or pedestrian pathways shall be no more than three feet in height; and

4. Use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins.

B. Permanently installed light fixtures that blink, revolve or flash are prohibited.

17.12.200 Off-Street Parking Facilities.
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A. The number and type of off-street parking facilities for a single-family residential development shall comply with the requirements of the underlying zoning district as established in Chapter 17.34. In addition to the provisions in Chapter 17.34, all off-street parking facilities shall comply with the following standards:

B. Covered parking areas shall be in garages. Carports are allowed only if they do not serve as the required covered parking (e.g., porte cocheres, carports in front of garages). [Source: 17.12.135.A.7]
C. Uncovered parking areas (i.e., driveways) shall be paved with concrete or a permeable or impermeable surface. [Source: 17.34.030.P] D. Off-Street Guest Parking Facilities for Planned Unit Developments. Planned unit developments with four or more dwelling units shall provide off-street guest parking spaces when on-street parking is not allowed on the streets within the development.

Planned unit developments shall provide a minimum of one guest parking space per four dwelling units within the total project. If a fraction occurs based on the specified number of guest spaces, the project applicant shall round up to the next round number of guest spaces.

17.12.210 Useable Common Open Space Areas for Planned Unit Developments.

A. Useable Common Open Space. Planned unit developments shall provide usable outdoor passive/active open space with outdoor amenities as required in Table 1 (Outdoor Amenities). Useable common open space means an unobstructed area or areas, accessible to all occupants of the structure it serves, having no dimension less than 10 feet in any direction. Useable common open space excludes areas designated for parking, including surface parking, carports, or garages. A minimum of 60 percent of the common useable open space shall be provided as landscaped green area (not hardscaped).

B. Recreational Amenities. Recreation amenities as required in Table 1 (Outdoor Amenities) can be either passive or active as described below, or a combination of the two.

1. Passive Recreational Amenities. Passive recreation refers to recreational activities that require minimal to no facilities or development to perform such activities. Passive recreation amenities include, but are not limited to, community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, courtyard/plaza. All passive recreational amenity area shall be a minimum of 200 square feet unless otherwise stated.

2. Active Recreational Amenities. Active recreation refers to recreational activities that require specific facilities or equipment to perform such activities. Active recreational amenities include, but are not limited to, playground/tot lot, sports court/field, fitness area, swimming pool, clubhouse w/kitchen, community room. All passive recreational amenity area shall be a minimum of 500 square feet unless otherwise stated.

C. Seating. Seating shall be provided for all common open space areas. 610
D. Playgrounds/tot lots shall be located in an area with direct visibility from a minimum of three dwelling units to allow for casual surveillance. 611
Table 1
Open Space and Recreational Requirements
Number of Units in Project Minimum Number of
Amenities1
Minimum Total Area2
Less than 5 1 500 sq. ft.
5-101 1 500 sq. ft. plus 100 sq. ft per
unit over 5 units
11-30 2 1,000 sq. ft. plus 150 sq. ft
per unit over 10 units
31-60 2 4,000 sq. ft. plus 165 sq. ft
per unit over 30 units
61-100 2 9,000 sq. ft. plus 200 sq. ft
per unit over 60 units
101-150 3 plus 1 additional amenity for
every 50 units over 200
17,000 sq. ft. plus 250 sq. ft
per unit over 100 units
1 – Minimum number of amenities can be passive or active amenities as described in Subsection 17.12.210.B
2 - Minimum Total Area means the combined area of all amenities. Each amenity must still meet all applicable standards established in this Section.

17.12.220 Sidewalks for Planned Unit Developments.

Sidewalks within a Planned Unit Development shall incorporate the following standards:

17.12.230 Exception Powers of the Planning Commission
The planning commission may grant one or more exceptions to any of the regulations prescribed in Chapter 17.12 Article 2 (Single-family Residential Objective Design Standards) by using the following exception process. Applicants seeking an exception shall follow the same procedures as those prescribed in Chapter 17.42 for obtaining a variance. City staff shall prepare a separate form for applicants seeking an exception to file. In reviewing a request for an exception, the commission is not required to make any or all of the five findings required for a variance action found in Section 17.42.090.

Rather, the commission must make a finding that the standards requested through this exception process become an integral part of the site development (e.g., design, material, contour, height, distance, color, texture) and do not adversely affect the established and distinctive character of any existing neighborhoods that are adjacent to the site being developed to achieve land use compatibility in terms of height, massing 612
and other characteristics. The decision by the planning commission over the requested exception may be appealed to city council in the same manner as a variance under the appeal provisions of Section 17.02.145. If the exception is approved, then the exception shall be subject to revocation or lapse in the same manner as a variance under Chapter

17.42. If a request for an exception is denied or revoked, then no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revoked unless the planning commission or city council specifically allow such further applications in the decision for denial or revocation.
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1 Chapter 17.14: Accessory Dwelling Unit (ADU) Ordinance

17.14.010 Purpose and Intent.

17.14.020 Acknowledgement.

17.14.030 Applicability.

17.14.040 Where Allowed.

17.14.050 Permit Requirements and Processing Procedures.

17.14.060 Types of Accessory Dwelling Units.

17.14.070 Types and Number of Units Allowed.

17.14.080 Standards Applicable to All Accessory Dwelling Units.

17.14.090 Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

17.14.100 Standards Applicable to Converted Accessory Dwelling Units.

17.14.110 Standards Applicable to Junior Accessory Dwelling Units.

17.14.010 Purpose and Intent.

The purpose and intent of this Chapter is as follows:

A. Purpose. The purpose of this Chapter is to provide regulations for the development of accessory dwelling units through a ministerial process consistent with California Government Code Section 66310 through 66342.

B. Intent. The regulations in this Chapter are intended to:

1. Implement the provisions of the General Plan Housing Element;

2. Assure compliance with California Government Code Section 66310 through 66342 and other relevant housing legislation;

3. Encourage the development of accessory dwelling units;

4. Streamline and minimize governmental constraints on residential development; and

5. Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units.

17.14.020 Acknowledgement.

17.14.030 Applicability.

The regulations established in this Chapter shall apply to all accessory dwelling units where allowed in compliance with Section 17.14.040 (Where Allowed) of this Chapter and State law. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the 614
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2 requirements of this Chapter and the California Building Code. An accessory dwelling unit that conforms to the standards of this Chapter shall not be:

A. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit is located or proposed;
B. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located or proposed;
C. Considered in the application of any City ordinance, policy, or program to limit residential growth; and
D. Required to correct a nonconforming zoning condition as defined in Chapter 17.04 (Definitions).

This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

17.14.040 Where Allowed.

In compliance with California Government Code Section 66314, accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows residential uses. Specifically, the City’s Agriculture zone (A), Open Space zone (OS), Single-family residential zones (R-1-5, R-1-12.5, and R-1- 20), and Multi-family residential zones (R-M-2 and R-M-3) shall allow accessory dwelling units by-right.

This Section also applies to mixed-use zoning districts which allow residential and zones which allow residential as a conditionally permitted use. Specifically, the City’s Commercial zones (C-N, C-R, C-S, CMU, and D-MU, Office zones (O-PA and O-C), and Industrial zones (BRP, I-L, and I) shall allow accessory dwelling units by-right.

17.14.050 Permit Requirements and Processing Procedures.

17.14.060 Types of Accessory Dwelling Units.

An accessory dwelling unit approved under this Chapter may be one of, or a combination of, the following types:
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3 A. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.

B. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

See Section 17.14.100 (Standards Applicable to Converted Accessory Dwelling Units) of this Chapter.

1. Shall only be allowed on parcels zoned Single-family Residential (R-1-5, R-1-12.5, or R-1- 20) and that include an existing or proposed single-family dwelling.

2. Is entirely located within a proposed or existing primary single-family dwelling or its attached garage.

3. Has independent exterior access from the primary dwelling.

4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.

17.14.070 Types and Number of Units Allowed.

A. Single-Family Residential Zones. One of each of the following types of accessory dwelling units are allowed on lots zoned Single-Family Residential:

1. One new construction accessory dwelling unit, attached or detached, as described in Government Code Section 66323(a)(2).

3. One junior accessory dwelling unit built fully within the existing square footage of the primary single-family dwelling unit as described in Government Code Section 66323(a)(1).

B. Multi-Family Residential Zones. Accessory dwelling units are allowed in Multi-Family Residential zones and shall comply with all of the following:
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4 1. Converted Spaces within a Multi-Family Residential Dwelling Structure. Multiple accessory dwelling units shall be allowed within an existing or proposed multi-family residential dwelling structure and shall comply with all of the following:
a. Accessory dwelling units are allowed within any multi-family residential dwelling structure in portions of such structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for residential dwellings. b. The number of accessory dwelling units allowed in converted spaces of multifamily residential dwelling structures is limited to a maximum of 25 percent of the number of multi-family dwellings within the existing or proposed structure (Example: If a multi-family structure has 10 units, a maximum of two accessory dwelling units in converted spaces is allowed.). In no case shall fewer than one accessory dwelling unit be allowed.

2. Detached Accessory Dwelling Units. No more than two detached accessory dwelling units on a parcel with an existing or proposed multi-family residential dwelling structure.

C. Mixed-Use Zones and Conditional Use. Accessory dwelling units are allowed by right in mixed use zones and zones where residential uses are allowed as a conditional use. The number and type of accessory dwelling units allowed in these zones shall be in accordance with Section 17.14.070(A) and 17.14.070(B) dependent on the type of existing or proposed residential use on the proposed lot.

E. In no case shall more than four units be allowed on a single lot in any combination of primary dwelling units, accessory dwelling units, and junior accessory dwelling units.

17.14.080 Standards Applicable to All Accessory Dwelling Units.

The following standards apply to all accessory dwelling units, including junior accessory dwelling units.

A. Parcel Size and Width. No minimum parcel size or parcel width standards shall apply to the construction of an accessory dwelling unit.

B. Parcel Coverage. No parcel coverage standards shall apply to the construction of an accessory dwelling unit.

D. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary dwelling located on the parcel.
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5 E. Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling.

F. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling per the California Building Code.

G. Permanent Foundation.

1. All accessory dwelling units shall be permanently attached to a permanent foundation as defined by the California Building Code.

H. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit on a parcel with a primary dwelling.

K. Rental Term. No accessory dwelling unit shall be rented for a term of less than 30 days.

L. Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than 750 square feet in size. Any impact fee charged to an accessory dwelling unit 750 square feet or larger in size, including accessory dwelling units converting existing space, shall be charged proportionately in relation to the square footage of the primary dwelling.

Example impact fee calculation for an accessory dwelling unit on a single-family residential parcel:

Public Facility Impact Fee for Single Family DU $692.00 Example Square Footage of Primary Dwelling 1,500
Example Square Footage of ADU 800
Public Facility Impact Fee for ADU $369.07
This calculation is for example purposes only, actual impact fees are subject to change based on the City of Visalia Development Fee Schedule and will be calculated at time of permit application.
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6 2. Multi-Family Residential. For purposes of calculating the fees for an accessory dwelling unit on a lot with a multi-family dwelling, the proportionality shall be based on the average square footage of the units within that multi-family dwelling structure. (e.g. the floor area of the accessory dwelling unit, divided by the average floor area of units, times the typical fee amount charged for a new dwelling unit).

3. Example impact fee calculation for an accessory dwelling unit on a multi-family residential parcel:

Public Facility Impact Fee for Multi Family DU $614.00
Example Average Square Footage of Unit in Multi-Family
Dwelling
1,000
Example Square Footage of ADU 800
Public Facility Impact Fee for ADU $491.20
This calculation is for example purposes only, actual impact fees are subject to change based on the City of Visalia Development Fee Schedule and will be calculated at time of permit application.

17.14.090 Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

The following standards shall apply only to attached and detached accessory dwelling units.

A. Unit Size Requirements. Attached and detached accessory dwelling units shall comply with the following unit size requirement:

2. Detached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms.

B. Height. Accessory dwelling units are limited to a maximum height of 16 feet, except as established below:
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Accessory Dwelling Unit Ordinance
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7 1. Detached Units Located Adjacent Transit Services. If a detached accessory dwelling is located within a half-mile of a major transit stop or high-quality transit corridor, as defined in Chapter 17.04 (General Provisions and Definitions), the unit is limited to a maximum height of 18 feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling unit.

C. Parking. One off-street parking space is required for an accessory dwelling unit in addition to that required for the primary dwelling, except as established below.

3. Covered parking shall not be allowed in setback areas.

D. Setbacks. An accessory dwelling unit shall comply with the following setback requirements:

1. Attached Unit. An attached accessory dwelling unit shall be subject to the same front setback requirement applicable to the primary dwelling, unless it precludes development of an accessory dwelling unit that is at least 800 square feet. An attached accessory dwelling unit shall have a minimum setback of four feet from the side and rear lot lines. 620
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Accessory Dwelling Unit Ordinance
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8 2. Conversion of Existing Living Space or Existing Accessory Building. See Section

17.14.100.C.

2. Siding. Siding treatments of the accessory dwelling unit (e.g. clap board, board and batten, shingle) shall be an in-kind replication of the primary residence.

3. Vents. Vent features on the exterior of the accessory dwelling unit shall be an in-kind replication of the vent features of the primary residence.

4. Roof Features. Roof features (fascia, exposed rafter rails, corbels) and roof materials (asphalt shingles, wood shingles, tile) shall be an in-kind replication of the primary residence.

5. Windows and Doors. The window and door treatments (e.g., trim width, shutters, muntins, grilles, sills, mullions, lintels, etc.) of the accessory dwelling unit shall be an in-kind replication of the window and door features of the primary residence.

6. Exterior Lighting. Exterior light fixtures shall be an in-kind replication of the exterior lighting of the primary residence.

17.14.100 Standards Applicable to Converted Accessory Dwelling Units.

The following standards shall apply only to converted accessory dwelling units:

B. Exterior Access Required. The converted space or structure shall have exterior access.

D. Parking. No additional off-street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement space(s) shall be located in any configuration on 621
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Accessory Dwelling Unit Ordinance
Revised Public Review Draft | October, 2024
9 the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

17.14.110 Standards Applicable to Junior Accessory Dwelling Units.

The following standards shall apply only to junior accessory dwelling units.

A. Where Allowed. Junior accessory dwelling units shall only be allowed on parcels zoned for SingleFamily Residential use and that include an existing or proposed single-family dwelling.

B. Location on Parcel. A junior accessory dwelling unit shall be allowed in the following locations:

1. Within the walls of an existing or proposed primary single-unit dwelling.

2. A conversion of an attached garage in the existing or proposed primary single-unit dwelling.

C. Number of Units Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel.

D. Unit Size Requirements. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 square feet and shall not expand the size of an existing single-family dwelling by more than 150 square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.

E. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen as described in Section 17.14.060(D)(5).

F. Parking. No off-street parking is required for the junior accessory dwelling unit.

H. Deed Restriction. Junior accessory dwelling units shall comply with the following deed restriction requirements:

1. Deed Restriction Required. Prior to issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Tulare County Recorder’s office and a copy filed with the City. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law. 622
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Accessory Dwelling Unit Ordinance
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10 b. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.
c. The deed restriction runs with the land and shall be enforced against future property owners.
d. The property owner shall reside on the site of the primary dwelling in which the junior accessory dwelling unit will be permitted for a minimum of three years. The owner may reside in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

REVISED PUBLIC REVIEW DRAFT
DECEMBER 2024
Table of Contents

17.12.140 Purpose and Applicability ................................................................................................. 3

17.12.150 Site Planning .................................................................................................................... 3

17.12.160 Structure Design Standards. ............................................................................................ 6

17.12.170 Landscaping. .................................................................................................................. 10

17.12.180 Fences, Walls, and Hedges. .......................................................................................... 10

17.12.190 Exterior Lighting.............................................................................................................. 11

17.12.200 Off-Street Parking Facilities............................................................................................ 11

17.12.210 Useable Common Open Space Areas for Planned Unit Developments. ....................... 12

17.12.220 Sidewalks for Planned Unit Developments. ................................................................... 13 624
Chapter 17.12 – Article 2 Single-Family Residential Objective Design Standards 2 Chapter 17.12 – Article 2
Single-Family Residential
Objective Design Standards
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Single-Family Residential Objective Design Standards Chapter 17.12 – Article 2
Revised Public Review Draft – December 2024
3 Chapter 17.12 Article 2: Single-Family Residential
Objective Design Standards

B. Applicability. The standards of this Chapter apply to all new single-family residential developments on lots regardless of parcel size, except as described below.

2. Buildings and structures listed on the City’s Local Register of Historic Structures are excluded from the requirements of this Chapter but are subject to committee review (see Chapter 17.56).

17.12.150 Site Planning
A. Site Placement

1. Site Area. Developments with two or more structures shall be staggered with a minimum of two-foot variation measured from the front setback with the intent of providing a varied street elevation so that front setbacks and structures on adjacent parcels differ by a minimum of two feet and a maximum of six feet. 626
Chapter 17.12 – Article 2 Single-Family Residential Objective Design Standards 4 2. Orientation
a. The primary elevation of the residence shall face the primary public or private right-of-way on which the parcel is located. For the purposes of this Section the primary elevation is that in which the primary entrancefront door or front entryway is located.
b. On corner lots, the primary elevation is considered the elevation that is facing the street in which the residential address is associated with and front door or front entryway is located. The applicant/developer/property owner may file for an address change if they would like to change what street the primary elevation is located.
c. Garages. Garages (attached or detached) shall be setback farther from or equal to the primary elevation and shall not exceed 60 percent of the width of the primary elevation.

B. Site Development.

1. Setbacks. Structure setbacks shall be subject to the provisions of the applicable zone of which the subject parcel is located in. For single-family provisions please see Chapter 17.12. For lots less than 5,000 square feet the setback requirements specified in Section 17.12.135 shall apply.
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5 2. Height. Structure height shall be subject to the provisions of the applicable zone of which the subject parcel is located in. For single-family provisions please see Chapter

17.12. For lots less than 5,000 square feet the height requirements specified in Section

17.12.135 shall apply.

Pedestrian walkways can be constructed with any materials (i.e., aggregate or natural stone or rock, brick, gravel, wood, poured concrete), except for dirt or topsoil.
e. In addition to the pedestrian walkway described in Subparagraph 3.d, a minimum three-foot pedestrian walkway may be provided to connect the front 628
Chapter 17.12 – Article 2 Single-Family Residential Objective Design Standards 6 door /front entryway to the driveway. The walkway shall match the material as the pedestrian walkway from the front door / front entryway to the sidewalk.

17.12.160 Structure Design Standards.

A. Massing. To provide for visually interesting structures, primary elevations wider than 25 feet shall incorporate at least one of the following massing elements for every 15 feet:

17.32.090 (Yard requirements – Exceptions) of this Title.

2. Recessions. A recession shall be at least two feet deep, but no more than six feet deep, from the main elevation plane and be at least five feet wide.

3. Second Floor Stepbacks. For two-story structures, the second floor may be stepped back by at least six feet, but no more than 12 feet, from the ground floor wall plane.

The stepback shall extend along at least 50 percent of the length of the wall plane. The stepback may be continuous or composed of multiple segments that together total the required length.

4. Bay Window. A protruding window that is at least two feet from wall plane. 629
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7 B. Articulation. Structures shall be vertically (height) and horizontally (depth) articulated along the primary elevations.

1. Vertical Articulations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. 630
Chapter 17.12 – Article 2 Single-Family Residential Objective Design Standards 8 2. Horizontal Articulation. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet.

C. Fenestration.

2. If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.

D. Balconies. No portion of a second floor balcony shall be within 20 feet of the adjacent property line (except on the primary elevation), unless the side(s) of the balcony facing the adjacent property(ies) is screened from view.
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9 E. Design Details.

1. Materials
a. No more than four materials or finishes (not including roofing, door, or window materials) shall be used on each elevation, and no more than five materials or 632
Chapter 17.12 – Article 2 Single-Family Residential Objective Design Standards 10 finishes (not including roofing, door, or window materials) in total shall be used across all elevations.
b. The following materials are prohibited from use as exterior finishes (excluding windows and doors):
i. Vinyl siding
ii. Plastic
iii. Raw, non-treated/coated metal

2. Colors. A minimum of two, but no more than five, colors (or tints, shades, or tones of the same color) shall be used on the entire exterior of the building.

17.12.170 Landscaping.

A. All areas not occupied by structures or pavement in the front yard area shall be landscaped.

Landscaped areas shall consist of plantings, turf, mulch, or bark.

D. Pavement or hardscape shall not make up more than 50 percent of the front yard, unless necessary to meet other standards required by this Chapter.

17.12.180 Fences, Walls, and Hedges.

B. Materials. The following materials are prohibited from use as fencing:

1. Barbed wire

2. Electric charged fencing

3. Corrugated Paneling
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11 4. Chain link (except for three to four-foot height fences within the front yard and street side yard setback)

17.12.190 Exterior Lighting.

A. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. All exterior lighting fixtures shall comply with all of the following standards:

1. Be fully shielded and directed downward (not above the horizontal plane) and shall not spill onto adjacent properties;

2. Be no more than of eight feet above the ground plane;

3. Ground-mounted light fixtures to illuminate driveways, landscaped areas, or pedestrian pathways shall be no more than three feet in height; and

4. Use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins.

B. Permanently installed light fixtures that blink, revolve or flash are prohibited.

17.12.200 Off-Street Parking Facilities.

A. The number and type of off-street parking facilities for a single-family residential development shall comply with the requirements of the underlying zoning district as established in Chapter

17.34. In addition to the provisions in Chapter 17.34, all off-street parking facilities shall comply with the following standards:
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Chapter 17.12 – Article 2 Single-Family Residential Objective Design Standards 12 B. Covered parking areas shall be in garages. Carports are allowed only if they do not serve as the required covered parking (e.g., porte cocheres, carports in front of garages). [Source:

17.12.135.A.7]
C. Uncovered parking areas (i.e., driveways) shall be paved with concrete or a permeable or impermeable surface. [Source: 17.34.030.P]
D. Off-Street Guest Parking Facilities for Planned Unit Developments. Planned unit developments with four or more dwelling units shall provide off-street guest parking spaces when on-street parking is not allowed on the streets within the development. Planned unit developments shall provide a minimum of one guest parking space per four dwelling units within the total project.

If a fraction occurs based on the specified number of guest spaces, the project applicant shall round up to the next round number of guest spaces.

17.12.210 Useable Common Open Space Areas for Planned Unit Developments.

A. Useable Common Open Space. Planned unit developments shall provide usable outdoor passive/active open space with outdoor amenities as required in Table 1 (Outdoor Amenities).

Useable common open space means an unobstructed area or areas, accessible to all occupants of the structure it serves, having no dimension less than 10 feet in any direction.

Useable common open space excludes areas designated for parking, including surface parking, carports, or garages. A minimum of 60 percent of the common useable open space shall be provided as landscaped green area (not hardscaped).

B. Recreational Amenities. Recreation amenities as required in Table 1 (Outdoor Amenities) can be either passive or active as described below, or a combination of the two.

C. Seating. Seating shall be provided for all common open space areas.

D. Playgrounds/tot lots shall be located in an area with direct visibility from a minimum of three dwelling units to allow for casual surveillance.

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13 Table 1
Open Space and Recreational Requirements
Number of Units
in Project
Minimum Number of
Amenities1
Minimum Total Area2
Less than 5 1 500 sq. ft.
5-101 1 500 sq. ft. plus 100 sq. ft per unit over 5 units 11-30 2 1,000 sq. ft. plus 150 sq. ft per unit over 10 units 31-60 2 4,000 sq. ft. plus 165 sq. ft per unit over 30 units 61-100 2 9,000 sq. ft. plus 200 sq. ft per unit over 60 units 101-150 3 plus 1 additional amenity for
every 50 units over 200 17,000 sq. ft. plus 250 sq. ft per unit over 100 units

17.12.220 Sidewalks for Planned Unit Developments.

Sidewalks within a Planned Unit Development shall incorporate the following standards:

A. Shall be a minimum width of five feet; and
B. Shall implement the concrete specifications for sidewalks and ramps as determined by the City of Visalia City Engineering Division Design and Improvement Standards. 1 – Minimum number of amenities can be passive or active amenities as described in Subsection 17.12.210.B 2 - Minimum Total Area means the combined area of all amenities. Each amenity must still meet all applicable standards established in this Section.
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Revisions to Section 17.12.135

17.12.135 Lot area less than 5,000 square feet.

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

1. The Planning Commission finds that the development's overall density is consistent with the General PlanLow Density Residential General Plan density range of two (2) to ten (10) dwelling units per gross acre.

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

3. Streets shall be constructed to public street standards.

4.5. The development is consistent with all design standards established in Chapter

17.12 Article 2 (Single-Family Residential Objective Design Standards).

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

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

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

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

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

11. The building official shall not approve a building permit for a new dwelling unit on a lot with a lot area less than 5,000 square feet until the city planner, or designee, has determined that the standards identified in this section are met. 637
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B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:

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

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

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

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

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

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

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

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

C. Lots less having a lot area of 3,600 square feet, or lots between 3,600 and 4,999 square feet that do not meet all the standards in this section Subsections A and B of Section

17.12.135 may be approved through the planned development permit process per Chapter 17.26. (Ord. 2017-01 (part), 2017)
638
Exhibit D
State ADU Law Areas of Local Discretion
State law gives jurisdictions limited authority to establish local standards for ADUs, including but not limited to unit size, parking, height, setbacks, landscape, architecture, and to prevent adverse impacts on property that is listed in the California Register of Historic Resources. The table below provides a summary of the level of discretion that a jurisdiction can apply to local land development standards on accessory dwelling units.

Topic City
Discretion
Description
Unit size Limited Local agencies may establish size limits for ADUs, provided the limits are within the range allowed by state law as shown below:

Maximum:
feet
Minimum (Maximum):
-bedroom: 850 square feet
-Bedroom+: 1,000 square feet
Parking Limited Local agencies may impose off-street parking standards on ADUs provided the parking rate does not exceed one space per unit or one space per bedroom, whichever is less. There are exceptions:

A local agency cannot require parking if the ADU meets any one of the following:
historic district
accessory structure
-street parking permits are required, but when
the ADU occupant is not offered such a permit
submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.

Additionally, a local agency cannot require replacement parking if a garage, carport or covered parking structure is converted into an ADU.
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Height Limited Local agencies may impose a height limit for detached ADUs provided it is not less than 16 feet.

Additional height is allowed for the following:

Max 18 feet for a detached accessory dwelling unit that is within one-half mile walking distance of a major transit stop/corridor. An additional two feet in height is allowed (20 feet max.) to the primary dwelling unit.

Max 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily (two-family or multiple-family dwelling), multistory dwelling.

Max 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, for an accessory dwelling unit that is attached to a primary dwelling but not to exceed two stories.

Roof decks Full State law is silent on roof decks.

Setbacks Limited Local agencies may impose side and rear yard setbacks provided they are consistent with the following:
detached), a
setback of no more than four feet from the side and rear lot lines can be required.
rebuilding a structure in the same location and with the same dimensions as an existing structure, no setback can be required. -right) ADUs that are maximum 800 square
feet and meet the four feet side and rear setback and all other required development standards- Front yard setback requirements cannot prevent the by-right ADU from being built.

Local agencies may impose front yard setbacks and have limited discretion to impose additional setbacks for safety or compliance with other state laws such as required habitat buffers.

Building
separation
Full State law is silent on building separation requirements between detached structures on the same lot.

Landscape Full State law gives local agencies discretion on landscape requirements.

Architecture Full Local agencies may impose architectural requirements provided that the standards can be imposed through a building permit application process (ministerial process).

Standards to
prevent adverse
impacts to
property listed in
the California
Register of Historic
Resources
Full Local agencies may establish standards that prevent impacts to historic resources.
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Exhibit E
Changes to Existing ADU Regulations Table
Topic
Regulation
State ADU Law Staff
Recommended
Regulation Updates
Height An attached ADU shall
be limited to the zone
height limit, which for
the R-1 zone is 35 feet.

A detached ADU that is
fully within a residential
yard setback is limited
to 12 feet in height.

Outside of the rear yard
setback, it shall be
limited to the zone
height limit.

State law provides additional
height requirements listed
below:

1. Max 18 feet for a
detached accessory dwelling
unit that is within one-half
mile walking distance of a
major transit stop/corridor.

An additional two feet in
height is allowed (20 feet
max.) to accommodate the
roof pitch to align with
the roof pitch of the primary
dwelling unit.

2. A height of 18 feet for a
detached accessory dwelling
unit on a lot with an existing
or proposed multifamily,
multistory dwelling.

3. A height of 25 feet or the
height limitation in the local
zoning ordinance that
applies to the primary
dwelling, for an accessory
dwelling unit that is attached
to a primary dwelling but not
to exceed two stories.

All other ADUs will be
regulated by the existing 16
foot standard.

Staff recommends
adding the new
height requirements
as reflected in State
law, regardless of the
the buildable area or
in the rear yard.

See Section

17.14.090(B).

Setbacks An attached ADU shall
be limited to the zone
setbacks, which for the
R-1-5 zone is 5 feet on
the side yard and 25
feet on the rear.

A detached ADU that is
fully within a residential
yard setback may have
a 3 foot setback on the
Local agencies may impose
side and rear yard setbacks
provided they are consistent
with the following:
construction (attached or
detached), a setback of no
more than four feet from the
side and rear lot lines can be
required.
conversions of existing
Staff recommends
adding the new
setback requirements
as reflected in State
law, which allow a
minimum 4 feet on
the side and the rear.

The City
recommendation
would no longer allow
for ADUs to utilize a
minimum 3-foot
setback that is
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side and rear. Outside
of the rear yard setback,
it shall be the same as
setbacks.
space, or involve rebuilding
a structure in the same
location and with the same
dimensions as an existing
structure, no setback can be
required.
-right)
ADUs that are maximum
800 square feet and meet
the four feet side and rear
setback and all other
required development
standards- Front yard
setback requirements
cannot prevent the by-right
ADU from being built.
offered to accessory
structures.

See Section

17.14.090(D).

Mandatory
800 sq. ft.

ADU (attached
or detached)
Front yard
setback
protrusion
The City has no specific
regulation for ADUs in
the front yard setback.

Therefore, ADUs are
subject to the front yard
setback requirement,
which is 15 feet
minimum.

State law now requires local
agencies to not restrict the
by-right ADUs due to front
yard setback requirements if
it meets all other local
development standards.

Staff recommends
that both attached
and detached ADUs
shall be subject to
the same front
setback requirement
applicable to the
primary dwelling,
unless it precludes
development of an
accessory dwelling
unit that is at least
800 square feet
See Section

17.14.090(D)(1) and
(D)(3).

Permitting
ADUs or a
JADUs that
involve
nonconforming
uses, building
code violations
or unpermitted
structures
This topic is not
addressed in the current
regulations as Section

17.12.200, wherein no
enlargement of
habitable space shall be
allowed unless the
standards and criteria of
Chapter 17.12 are met.

Also, Section 17.40.060
states that additional
development on a lot
with a nonconforming
uses may be
developed, provided
that the new
A local agency shall not
deny an application for a
permit to create an ADU or a
JADU due to the correction
of nonconforming zoning
conditions, building code
violations, or unpermitted
structures that do not
present a threat to public
health and safety and are
not affected by the
construction of the ADU.

Staff recommends
adding
ADU permitting
requirement.

See Section

17.14.080(H) and (I).
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development is
consistent with
applicable city
regulations.

Parking
Requirements
& Exemptions
An ADU shall provide
off-street parking in
compliance with
Section 17.12.180(B).

The parking requirements
and exemptions provided by
the state are still applicable.

Staff recommends
carrying over the
same parking
requirements, with an
added clarification
that any covered
parking shall not be
allowed in the
setback areas.

See Section

17.14.090(C).

Architecture The City has a
regulation for all ADUs
stating that its scale,
appearance, and
character shall be
similar to and
compatible in design
with the principal
dwelling unit and
adjacent residences.

The City does not have
existing ADU
regulations specifically
applicable to properties
located within a historic
district or on the local
register of historic
structures.

ADUs shall not be subject to
design and development
standards except for those
that are noted in state law.

Development and other
decision-making standards
must be sufficiently objective
to allow for ministerial
review. Examples include
numeric and fixed standards
such as heights or setbacks,
or design standards such as
colors or materials.

With an adopted ADU
ordinance in compliance
with State ADU Law, a local
government may apply
development and design
standards that include, but
are not limited to,
architectural review and
standards that prevent
adverse impacts on any real
property that is listed in the
California Register of
Historical Resources.

However, these standards
should be objective to allow
ministerial review of an
ADU.

Staff recommends
the adoption of
design standards that
have been prepared
specifically for use
with properties
located within a
historic district or on
the local register of
historic structures, to
ensure that a higher
level of standards
may be applied
universally to these
properties without
requiring
discretionary review.

No architecture
standards are being
recommended for
properties outside of
the historic district.

See Section

17.14.090(E).
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May 17, 2023 1
City of Visalia
Stakeholder Interviews Summary
In February 2023, the City of Visalia initiated a technical update to the City’s Zoning Ordinance to support residential development. This update focuses on:
• Developing additional standards for residential development. • Amending current regulations for accessory dwelling units and junior accessory dwelling units.
• Incorporating targeted zoning amendments to ensure consistency between State land use legislation and the Zoning Ordinance.

The success of this planning effort depends in large part on input from the community to fully identify the community’s needs and expectations for residential design and development. One of these community engagement efforts includes stakeholder interviews. The input provided during these interviews will help guide the project team in updating the Zoning Ordinance.

From March 31, 2023, through April 28, 2023, the project team conducted one-on-one interviews with community stakeholders to get their feedback on issues and opportunities related to the City’s residential development regulations and review processes. Stakeholders included developers, builders, architects, planners, and City staff. A summary of the feedback received during these interviews is provided below.

Summary and Key Takeaways
1) Architectural Elements. What types of architectural elements result in poor design (e.g., windows flush with walls, use of blank walls, visible accessways, faux window shutters, garage recessed behind front building façade)? What type of architectural elements result in good design? • Poor design:
o One stakeholder stated blank walls should be discouraged. o Another stakeholder expressed concern over current private development roads. This stakeholder stated many new development roads are too narrow to adequately handle normal wear and tear of waste disposal trucks and emergency service vehicles.
o The same stakeholder expressed a dislike for “cookie cutter” neighborhoods and encouraged variation in architecture and structure articulation. • Good design:
o Some stakeholders stated the city should not be “too specific” about how residences look aesthetically (e.g., exterior color, façade treatments) and that the developer and builder can choose what is best for the project and parcel. These stakeholders agreed design standards which are not too prescriptive could encourage developers to work in Visalia.
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City of Visalia
Zoning Ordinance Update
City of Visalia Stakeholder Interview Summary
May 17, 2023 2
o A few stakeholders supported the incorporation of patio and pop-out requirements to add variation to what would otherwise be blank walls in developments. These same stakeholders expressed support for “360 degree architecture” standards in which all structure facades are treated equally.
o Stakeholders encouraged the planting of mature landscaping in new subdivisions, as complaints about young landscaping in subdivisions have been an issue in the past. o Another stakeholder expressed the incorporation of drought tolerant landscaping standards for new residential development for the purpose of water conservation and neighborhood aesthetics.
o Stakeholders agreed the city should encourage placemaking by requiring developers to study the surrounding neighborhood culture and history. o A few stakeholders heavily focused on meshing together the “old and the new” structures through adaptive reuse, incorporating existing historical features into developments, creating visual compatibility between existing and new development through urban design (in the form of building articulation, scale and proportion, detailing, etc.), and exploring how contemporary architectural design can be used to evolve neighborhood design.
o Another stakeholder expressed support for design standards which facilitate solid waste collection, such as ensuring the size of residential side gates is adequate to fit waste bins or allowing bins to be stored outside of garage spaces. 2) Roof Types. Are there roof types that do not represent or should not be included in Visalia? • Overall, stakeholders were not concerned about roof type standards. • One stakeholder expressed dislike of tile roofs as they are difficult to attach solar panels onto. Composition roofs were identified as a better solution for solar paneling on roofs and a cheaper alternative to other roof materials.
3) Garage Orientation. Some single-family developments include varying garage orientations (e.g., front facing, alley loaded, side garage, split garage). Should such standards be applied to new single-family residential development in Visalia?
• Stakeholders agreed the city should not dictate garage orientation and felt it should be left up to the developer to propose what is best for the project and site. • Some stakeholders agreed if the city were to include garage orientation standards, they would prefer recessed, forward-facing garages or staggered setbacks instead. 4) Fence Standards. Visalia typically uses a six-foot wooden fence for enclosing single-family developments. Are there any issues with this standard, and if so, what types of screening and/or fencing are the most appropriate for Visalia?
• Overall, stakeholders were not concerned about current fence requirements. • One stakeholder expressed having no issues with current fencing standards but supported requirements for developers to install consistent fencing throughout projects to create a cohesive development and design.
• Another stakeholder did not support the current wooden fencing used in residential developments, stating that something more robust like walls would be preferable as wooden fences have a much shorter lifespan.
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City of Visalia
Zoning Ordinance Update
City of Visalia Stakeholder Interview Summary
May 17, 2023 3
5) Setback Requirements. The 20-to-25-foot rear setback has been found to cause issues on some parcels (i.e., small lots, shallow pie-shaped lots on corners, cul-de-sacs). Is there any aspect of Visalia’s setback requirements that are overly restrictive or do not offer enough flexibility? • Most stakeholders expressed support in reducing the rear setback standard to 20 feet if there was increased flexibility with this standard regarding irregularly shaped parcels and smaller backyards (specifically 1,500 square foot yards). These stakeholders dislike the 22- foot front setback, and would prefer a reduction to 20 feet, which would provide more space in the backyard.
• A couple stakeholders expressed caution in reducing setback requirements, stating that in some neighborhoods, the setbacks are “too close” to the street and inhibits the visibility of drivers pulling out from driveways.
6) Lighting Issues. Are there lighting issues within/related to single-family developments? • Overall, stakeholders did not know of any issues with the current lighting standards and expressed no need to change the existing standards.
• One stakeholder expressed support to improve residential lighting standards, particularly as it related to poorly lit neighborhoods and parks throughout the city. • The same stakeholder expressed concern that being too specific in lighting standards could harm the small-scale feel of Visalia; given examples of overly specific lighting standards include requirements on specific light colors or scheduled on-off times. 7) Pedestrian Safety. Are there issues with pedestrian safety within large single-family developments/subdivisions (e.g., lack of lighting, poorly defined entryways, lack of visibility from residences and common areas)? • Most stakeholders expressed concern regarding homeowners parking cars on the street instead of in their garage. These stakeholders explained many households have more cars than the street was intended for.
• Stakeholders emphasized the importance of flow and continuity between neighborhoods.

These stakeholders felt this has not been successfully implemented by newer housing developments. A potential solution would be to create development standards that set requirements for continuity between neighborhoods.
• Another stakeholder stated residents preferred cul-de-sac style street design over throughstreets and cautioned the city’s restriction of cul-de-sacs in proposed developments. • A few stakeholders expressed support in reducing street widths to 56 feet to allow adequate room for fire engine access.
8) Solid Waste Pickup. Many additional comments by stakeholders were concerning issues related to trash pickup in the city. Below is a summary of these responses:
• Most stakeholders expressed concern about the unavailability of frontage space for both trash bins and parked cars along residential and commercial streets. They expressed the city should stop offering three trash bins per house, as many residents tend to leave the bins along the street all week long (and not only on trash pickup day). Particularly in newer, denser neighborhoods, the lack of frontage space to accommodate both trash and parked cars is an issue. A possible solution could be to require no on-street parking on trash pickup days or reduce the maximum number of bins down to two bins. 646
City of Visalia
Zoning Ordinance Update
City of Visalia Stakeholder Interview Summary
May 17, 2023 4
• One stakeholder expressed the need for larger waste enclosures in non-residential developments, stating current standards are too small to account for the addition of organic waste bins.
• Another stakeholder expressed concern about street width as it relates to trash pickup, as 40 feet is the minimum street width to accommodate side load residential waste trucks. This stakeholder stated there needs to be enough space for trucks to be able to always move in a forward direction, as moving backwards is dangerous. Additionally, this stakeholder mentioned alley-loaded units are no longer being serviced by solid waste collection. 9) Summary of Other Questions. All other questions received either no response or a limited response from stakeholders. Below is a summary of the responses received for these topics:
• Single-family residential compatibility with other land uses. One stakeholder found the existing zoning regulations to be satisfactory at ensuring compatibility and creating appropriate buffers between residences and other land uses. • Pocket Parks. One stakeholder supported the development of pocket parks but stipulated pocket parks should receive the same perks as neighborhood parks. • Utility Infrastructure Placement. One stakeholder found no concerns with utility placement.

Another stakeholder stated a preference towards subterranean utilities, as it would make single-family homes more appealing.
10) Below are some additional comments from stakeholders. • Agriculture mitigation fee. One stakeholder expressed support of an agriculture mitigation fee for developers.
• Improved Permit Process. One stakeholder expressed a desire for improving the permit process for proposed developments in town to encourage developers to move to Visalia. This could be done through streamlining the online approval process to make it more efficient. 647
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0544 Agenda Date: 12/16/2024 Agenda #: 5.

Agenda Item Wording:

Permanent Local Housing Allocation Amendment: Conduct a Public Hearing and proceed with original approved Fiscal Year (FY) 2024/2025 Permanent Local Housing Allocation (PLHA) Plan.

Deadline for Action: 12/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, [email protected], (559) 713-4460; Melody Murch, Assistant Finance Director, [email protected], (559) 713- 4379; Renee Nagel, Finance Director, [email protected], (559) 713-4375 Department Recommendation:

Staff Recommends that Council:

1. Conduct a Public Hearing to allow opportunity for citizens to provide input and comment on the FY 2024/2025 Permanent Local Housing Allocation (PLHA); and

2. Proceed with the approved FY 2024/25 PLHA Plan as approved by Council on July 20, 2020.

Background Discussion:

The Permanent Local Housing Allocation (PLHA) was created by State housing legislation in 2017 to address the shortage of affordable housing in California, by establishing a $75 recording fee on real estate documents. PLHA revenue will vary from year to year, as revenue is dependent on real estate transactions which fluctuates.

On October 16, 2024, CA Department of Housing and Community Development (HCD) required all local jurisdictions to amend their FY 2024/25 PLHA Plan to include 40% to an Affordable OwnerOccupied Workforce Housing (AOWH) activity. Council provided initial concurrence with the the proposed amendment during Work Session on December 3, 2024.

However, on December 6, 2024, HCD notified the City that an amendment to include 40% to an AOWH activity is now only required for first-time applicants, and returning applicants who want or need to amend their existing plan. Therefore, it is no longer required for all jurisdictions to amend their FY 2024/25 PLHA plan to include a 40% to an AOWH activity and may keep their original plan as approved by HCD. Council still has the option to continue with the proposed amendment to transfer 40% to a AOWH activity or keep the original approved PLHA plan. If Council selects to move forward with the proposed amendment it will reduce funding for already approved PLHA activities that include the Visalia Navigation Center, the Warming Center, and Eden House. Table 1: FY 2024/2025 PLHA Optional Amendment below shows the difference between the optional amendment and original plan. Staff recommends keeping the original approved plan to not reduce funding to already approved activities. Council will have the option to include a homeownership activity in the next 5- year PLHA plan
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File #: 24-0544 Agenda Date: 12/16/2024 Agenda #: 5.

Amendment Public Comment Period: If Council selects to proceed with the optional amendment, a 10-day public comment period is required with the public hearing tonight. The 10-day public comment period began on December 6, 2024, and will end with the public hearing tonight. English and Spanish notices were published in the Visalia Times Delta on December 6, 2024. The draft proposed FY 2024/25 PLHA Amendment was available for public review and comment on the City of Visalia website at www.visalia.city.

Current 5-Year PLHA Plan: The City adopted the first five-year PLHA plan on July 20, 2020. The City focused the current 5-year PLHA funds to meet the City’s highest priority for homeless programs based on a Community Needs Assessment conducted during the development of the 2020-2025 Consolidated Plan. As a result, the approved PLHA funding projects include 1) administration, 2) development of a Navigation Center, 3) operation of a Navigation Center, 4) operation of temporary emergency shelter (Warming Center), and 5) operation of bridge transitional housing (Eden House).

Since PLHA annual funding fluctuates, CA Department of Housing and Community Development (HCD) recommended submitting the 5-year PLHA plan using percentages of annual funding based on the first-year allocation of $630,815. The current 5-year PLHA funding by percentage is show below in Table 2: FY 2020/21 - FY 2024/25 PLHA Funding by Percentage.

Annual PLHA funding fluctuated each year as stated by HCD. The first-year PLHA allocation received was $630,815, and increased in years 2 and 3; however, decreased in years 4 and 5 for a total of $3,645,579 in PLHA funding as shown below in Table 3: FY 2020/21 - FY 2024/25 PLHA Funding.

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File #: 24-0544 Agenda Date: 12/16/2024 Agenda #: 5.

PLHA Funding Requirement - Affordable Owner-Occupied Workforce Housing (AOWH):

California Health and Safety Code requires 20% of PLHA funds to be expended for Affordable Owner -Occupied Workforce Housing (AOWH). Initially, HCD did not impose this requirement on local governments but has monitored the percentage statewide. Based on their projections, HCD has determined that at the end of the current 5-year period funds expended on AOWH will be behind the required 20%. Due to this projection, HCD required all local jurisdictions to amend their FY 2024/25 PLHA Plan to include 40% to an Affordable Owner-Occupied Workforce Housing (AOWH) activity.

The City of Visalia has not had an AOWH funded activity which meant the City had to amend the FY 2024/25 plan to meet the 40% requirement. HCD had stated that FY 2024/25 PLHA plans submitted to HCD without a 40% AOWH activity will be rejected and will result in the loss of the FY 2024/25 allocation. On December 6, 2024, HCD announced that only first-time applicants and jurisdictions that wanted or needed to amend their plans for other reasons are now required to include 40% toward an AOWH activity. Therefore, the City of Visalia is no longer required to amend the FY 2024/25 PLHA plan and may keep the original plan as approved by Council and HCD.

Eligible AOWH Activities:

The following PHLA activities are directly related to ownership housing for household up to 120% of the area median income (AMI), which for a family of four is $105,500. A detailed list of eligible AOWH can be found in Attachment “D” AOWH Activities.
· Development, acquisition, and rehabilitation of ownership housing. · Matching funds for a Housing Trust Fund or Housing Asset Fund. · ADA modifications in low-income owner-occupied housing. · Acquisition and rehabilitation of foreclosed or vacant homes. · Homeownership assistance.

Next Steps: If Council approves to move forward with the amendment, staff will submit the adopted FY 2024/25 PLHA Amendment to HCD for review and approval. If Council selects to keep the original approved plan, staff proceeds with the original approved FY 2024/2025 PLHA plan and no amendment is required.

Fiscal Impact:

If Council selects to approve the amendment it will amend the PLHA FY 2024/25 budget as shown in Table 1 above.

If Council selects to proceed with the approved plan the FY 2024/25 PLHA budget will remain as approved and as shown in Table 4 below.

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File #: 24-0544 Agenda Date: 12/16/2024 Agenda #: 5.

Prior Council Action:
● July 20, 2020 - Adoption of the FY 2020/21 - FY 2024/25 Permanent Local Housing Allocation (PLHA) 5-year plan.
● December 3, 2024, Work Session - Permanent Local Housing Allocation Plan (PLHA) 5-year plan development and FY 2024/2025 PLHA Amendment.

Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

I move to proceed with the approved FY 2024/25 PLHA plan as approved by Council on July 20, 2020.

Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments:
● Attachment A - FY 2024/25 PLHA Optional Amendment
● Attachment B - PLHA Resolution 2024-71
● Attachment C - PLHA NOFA
● Attachment D - AWOH Activities
● Attachment E - PLHA Guidelines
● Attachment F - December 3, 2024 PLHA Staff Report
● Attachment G - FY 2024/25 PLHA Amendment PowerPoint
Visalia City Council Page 4 of 4 Printed on 12/13/2024
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPART MENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
651 Bannon Street
Sacramento, CA 95811 (916) 263-2771
December 29, 2023
Amended October 15, 2024 (CY 2023 Allocation)
MEMORANDUM FOR: Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: Notice of Funding Availability
Permanent Local Housing Allocation Program
Calendar Year 2023 Formula Allocation
The California Department of Housing and Community Development (Department or HCD) is pleased to announce the release of the 2024 Permanent Local Housing Allocation Program (PLHA) Local Government Formula Component Notice of Funding Availability (NOFA) for approximately $320 million in calendar year (CY) 2021 and 2022 funds as well as new CY 2023 funds as follows:

Allocation Year NOFA Funds Available
CY 2023 calendar year $128.6 million
CY 2022 calendar year $132.1 million
CY 2021 calendar year $59.9 million
Please refer to Appendix A for detailed information on funds available to each eligible locality under this NOFA for housing-related projects and programs that assist in addressing unmet housing needs of their local communities. Appendix A reflects allocations available as of October 4, 2024. If an application has been previously submitted but no award has been made as of the date of this NOFA, there is no need to resubmit the application for CY 2022 and CY 2021 funds. A new application will be required to request CY 2023 funds.

This NOFA will remain open to eligible Applicants through June 30, 2027. The NOFA will be augmented with additional CY funds as additional revenues are collected and made available.

All Applicants must ensure they meet all threshold requirements outlined in this NOFA and Program Guidelines prior to the submittal of an application. *** PLEASE NOTE ***
All CY 2021 funds unawarded by June 31, 2025 will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

To receive an award of CY 2021 funds, Applicants are required to submit an application and demonstrate a fully compliant housing element and submittal of the applicable Annual Progress Report(s) as detailed in Part II, Section F or G by no later than February 28, 2025.
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Permanent Local Housing Allocation Program
CY 2023 Formula Allocation NOFA

Page 2 ends

Applications must be submitted through the online application portal.

The application submittal portal will be available and open for applications beginning October 15, 2024. Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted.

PLHA Program Guidelines, application forms, and instructions are available on the Department’s PLHA Program website. If you have questions regarding this NOFA, please email the Department at [email protected]. The Department will continue to offer bi-weekly office hours and opportunities for technical assistance to all potential Applicants. To receive information on workshops, office hours, and other program-related updates, please subscribe to the PLHA listserv.
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Permanent Local Housing Allocation Program
Notice of Funding Availability
CY 2023 Formula Allocation
Gavin Newsom,
Governor State of California
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development PLHA Program Website
Email: [email protected]
October 15, 2024
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Table of Contents
I. New in this NOFA................................................................................................................ 1 II. Overview and Timeline........................................................................................................ 1 III. Program Requirements .................................................................................................... 2 A. Eligible Applicants ............................................................................................................... 2 B. Eligible Activities.................................................................................................................. 3 C. Allocation of funding and limits............................................................................................ 4 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs................. 5 E. Application review ............................................................................................................... 5 F. Threshold requirements for First-Time Applicants ............................................................... 5 G. Threshold requirements for Previous Grantees................................................................... 8 H. Administration and Reporting Requirements ...................................................................... 9 IV. Application Webinar ......................................................................................................... 9 V. Appeals ............................................................................................................................... 9 A. Basis of Appeals.................................................................................................................. 9 B. Appeal Process and Deadlines.......................................................................................... 10 C. Decision ............................................................................................................................ 10 VI. Other terms and conditions ............................................................................................ 10 A. Right to modify or suspend................................................................................................ 10 B. Disclosure of application.................................................................................................... 11 C. Conflicts ............................................................................................................................ 11 Appendix A .............................................................................................................................. 12 Appendix B .............................................................................................................................. 18 Appendix C .............................................................................................................................. 23 Appendix D .............................................................................................................................. 24 663
California Department of Housing and Community Development Page 1 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Notice of Funding Availability
Permanent Local Housing Allocation Program
Local Government Formula Component
CY 2023 Allocation
I. New in this NOFA
A. Affordable Ownership Worker Housing (AOWH) Requirements Pursuant to Health and Safety Code Section 50470(b)(2)(A), twenty percent (20%) of the moneys collected and deposited in the Building Homes and Jobs Trust Fund shall be expended for Affordable Owner-Occupied Workforce Housing (AOWH).

The Department monitors compliance with this requirement both based on allocations adopted in required 5-year plans and any amendments to that plan as well as actual documented expenditures. Based on these indicators, HCD has determined that at the end of the current 5-year period applicable to CY 2019, 2020, 2021, 2022 and 2023 allocations, funds projected to be expended on AOWH are trailing behind the required 20 percent. As such, the Department will, for this final NOFA covered by the 2020-2025 plans, require a set percentage of funds requested to be for AOWH activities.

These requirements are detailed in Section III(B)(1) of this NOFA {Program Overview, Eligible Applicants, Affordable Owner-Occupied Workforce Housing Requirements}.

II. Overview and Timeline
The California Department of Housing and Community Development (Department or HCD) is announcing the release of the calendar year (CY) Allocation Permanent Local Housing Allocation (PLHA) Program’s Local Government Formula Component Notice of Funding Availability (NOFA).

Funding for this NOFA is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Building Homes and Jobs Trust Fund (Fund) and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on- going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

This NOFA represents the fifth CY allocation of moneys deposited in the Fund for the prior CY and includes any remaining unawarded funds not requested by eligible Applicants for prior and available CYs.

Capitalized terms not otherwise defined in this NOFA shall have the meanings set forth in PLHA Guidelines Section 101.
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California Department of Housing and Community Development Page 2 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Applicants may apply at any time after the release of the NOFA, however, any Applicant requesting CY 2021 funds (see appendices A and D), must meet all threshold requirements set forth in the PLHA Program Guidelines, Article III, Section 302, including housing element compliance and Annual Progress Report submittal requirements) and submit all required application materials no later than February 28, 2025.

Awards will be made on a rolling basis as they are received, reviewed, and determined to have meet all threshold requirements. If an application is submitted and determined to be incomplete (including housing element compliance and Annual Progress Report submittal), the Applicant will be alerted to the deficiencies that need to be addressed and the application will be rejected. No award will be made until those deficiencies are addressed to the satisfaction of the Department. Once addressed, the Applicant will need to resubmit the entire application package for reconsideration.

Please note that per state statute, any CY 2021 funds unawarded by June 30, 2025 will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program.

III. Program Requirements
The following is provided as a summary for the allocation of the PLHA formula funds to Local governments and is not to be considered a complete representation of the eligibility, threshold, or other requirements, terms, and conditions. All Applicants should fully review the PLHA Program Guidelines for full requirements.

This 2024 NOFA represents the fifth year of funding under the PLHA program for the Entitlement and Non-Entitlement Local government Formula Component as detailed below:

Revenue
Collection Period
NOFA
Issuance
Allocation Application and Award Deadlines
CY 2019 2020 Reverted to MHP as of 6/30/2023
CY 2020 2021 Reverted to MHP as of 6/30/2024
CY 2021 2022 Must apply for funds by February 28, 2025, and be awarded by June 30, 2025 or funds will revert to MHP
CY 2022 2023 Must apply for funds by February 28, 2026, and be awarded by June 30, 2026, or funds will revert to MHP
CY 2023 2024 Must apply for funds by February 28, 2027, and be awarded by June 30, 2027 or funds will revert to MHP
*Please note, application deadlines for reverting funds may be established in future NOFA amendments A. Eligible Applicants
An Applicant must be an Entitlement Local government, a Non-Entitlement Local government, or a Local or Regional Housing Trust Fund delegated by the Local government pursuant to the PLHA Guidelines Article III, Section 300. 665
California Department of Housing and Community Development Page 3 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA

1. Delegation of Formula Allocation
Per PLHA Guidelines Section 300 (c) and (d), a Local government may delegate to another Local government or Local Housing or Regional Housing Trust Fund to submit an application and administer on its behalf its formula allocation of Program funds, provided that the parties enter into a legally binding agreement and the funds are expended for eligible Activities and consistent with Program requirements. The delegating entity shall be identified in the application. The administering entity shall be responsible for all Program requirements.

Upon delegating its entire formula allocation to another Local government or to a Local or Regional Housing Trust Fund, the Local government that delegated their allocation is no longer involved in the PLHA application or administration of the PLHA grant for the full term of the PLHA Plan, which extends through 2023. The delegated Local government or Trust Fund assumes full responsibility for compliance with statute and for meeting all the Department’s requirements, including any penalties for non-compliance.

A Local government can subgrant a portion of its allocation to another entity, as permitted by PLHA Guidelines Section 302(c)(3). When a Local government subgrants a portion of its allocation to another entity, the Local government remains fully accountable and responsible for compliance with statute and for meeting all of the Department’s requirements, including any penalties for noncompliance.

B. Eligible Activities
PLHA funds allocated to eligible Applicants must be used to carry out one or more of the eligible activities listed in the PLHA Guidelines, Article III, Section 301. All services must be provided within the county containing the Local government recipient.

1. Affordable Owner-Occupied Workforce Housing Requirements a. First time Applicants requesting funds will be required to allocate 40 percent of funds requested to AOWH activities as defined below:
i. AOWH is defined as “owner-occupied housing that is affordable to persons and families of low or moderate income, as that term is defined in HSC Section 50093, except in high-cost areas where moderate income shall include households earning up to 150 percent of AMI.”
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California Department of Housing and Community Development Page 4 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA ii. Eligible AOWH activities include the following:

Guideline
Activity
Description AOWH Applicability
2 Predevelopment, development,
acquisition, rehabilitation, and
preservation of Affordable rental and
ownership housing, including Accessory
Dwelling Units (ADUs), that meets the
needs of a growing workforce earning
up to 120% AMI, or 150% AMI in highcost areas. ADUs shall be available for occupancy for a term of no less than 30
days.

Only those expenditures
directly related to
ownership housing will
count towards the 20%
requirement. Must be
documented after
expenditure of funds.
3 Matching portions of funds placed into
Local or Regional Housing Trust Funds.
4 Matching portions of funds available
through the Low- and Moderate-Income
Housing Asset Fund pursuant to
subdivision (d) of HSC Section 34176.
7 Accessibility modifications in Lowerincome Owner-occupied housing.All expenditures 8 Efforts to acquire and rehabilitate
foreclosed or vacant homes and
apartments.

Only those expenditures
directly related to
ownership housing will
count towards the 20%
requirement. Must be
documented after
expenditure of funds.
9 Homeownership opportunities,
including, but not limited to, down
payment assistance.

All expenditures
C. Allocation of funding and limits
Appendix A lists the dollar amount of the available PLHA funds by CY allocation.

If a Local government applied for and received a CY allocation, there is a blank in the applicable column(s).

To avoid amending the Standard Agreement each year and to expedite the disbursement of PLHA funds, the Standard Agreement and the Applicant’s required resolution shall include a five-year estimate of PLHA formula allocations, as stated in Appendix B, as the maximum funding amount. The actual amounts may be lower, and the disbursements will be based on the actual allocation amounts. 667
California Department of Housing and Community Development Page 5 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs Predevelopment expenses for construction projects funded by PLHA funds and costs to develop and prepare the PLHA application and Plan may be paid from the PLHA funds regardless of when the costs were incurred. Reimbursement of expenses to prepare the PLHA application and Plan are subject to the cap on administrative costs as detailed in the PLHA Program Guidelines. Other costs incurred more than one year prior to commitment by the Local government may not be paid from the PLHA funds.

E. Application review
An Applicant must submit a complete application and other documents consistent with the deadlines stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in PLHA Guidelines Section 302.

F. Threshold requirements for First-Time Applicants
First-time Applicants who have not previously received an award under a prior Local government Formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance.
a. The housing element of the Applicant and any delegates or subgrantees, if applicable, must have an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at the time of application. Additional information on verifying compliance with this requirement is outlined in Appendix C.
b. If an Applicant is applying on behalf of multiple jurisdictions or delegating or sub granting to another jurisdiction, the funds may only be awarded for use in a locality with an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article

10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at the time of application. If the Applicant is not compliant by time of application that will not prevent an award from being made for use in the localities that are determined to be compliant.

2. Annual Progress Report Submittal.
a. The Applicant must have submitted to the Department the Annual Progress Report (APR) on the housing element for the corresponding calendar year based on the allocations for which the Applicant is applying by the application submittal date as follows:
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California Department of Housing and Community Development Page 6 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Allocation Requested: APR Reporting Period:
2021 allocation CY 2021 APR
2022 allocation CY 2022 APR
2023 allocation CY 2023 APR
Additional information on verifying compliance with this requirement is outlined in Appendix C.

3. Application requests an allocation pursuant to Section 200 of the PLHA Guidelines and identifies the eligible activities to be undertaken. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in PLHA Guidelines Section 301(c).
a. At least 40% of the funds requested in the application must be allocated to AOWH activities as defined in Section III(B)(1)(a)(2) above.

4. Submission of the application must be authorized by the governing board of the Applicant by resolution, and this resolution must be submitted as part of the application. The resolution should use the five-year estimate of funding, as listed in Appendix B.
a. The resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years. b. If the Local government proposes to allocate funds for any Activity to another entity, the resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public.

See PLHA Guidelines Section 302 (c)(3).
c. If the Local government proposes to use funds for the acquisition, construction, or rehabilitation of for-sale housing projects, or units within forsale housing projects, the resolution must certify that the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in PLHA Guidelines Section 302(c)(6)(A),(B) or (C).

5. A Five-year Plan which details the following:
a. The manner in which the allocated funds will be used for eligible Activities. 669
California Department of Housing and Community Development Page 7 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA b. A detailed description of the way the Local government will prioritize investments that increase the supply of housing for household with incomes at or below 60 percent of the AMI and a detailed description of how the Plan is consistent with the programs set forth in the Local government’s housing element.
c. Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on the Plan’s contents prior to the Plan resolution adoption.

The Plan must be provided to the public for a public comment period, culminating with a public hearing at which the governing board may approve it. The draft Plan should be published for public review on the Applicant’s website.
d. The resolution adopting the Plan should specifically identify the activities the Local government plans to engage in. The resolution is required to be submitted as part of the application. The resolution must specifically state the eligible activities from the Plan application.
e. The following information is required for each proposed Activity:
i. A detailed description of each Activity, pursuant to Section 301, and the percentage of funding being allocated to it. The description must include a minimum of 40 percent directed to Affordable Owner-Occupied Workforce Housing (AOWH).
ii. The projected number of households to be served at each income level and a comparison to the unmet share of the Regional Housing Needs Allocation at each income level.
iii. A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.
iv. The period of affordability for each Activity. Rental Projects are required to have an affordability period of at least 55 years.
f. The Plan shall be for a term of five years, illustrating how the allocations from 2019, 2020, 2021, 2022, and 2023 will be used. Refer to instructions in the “Plan” tab of the PLHA Application form.

6. If funds are used for acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, then a deed restriction shall be recorded against the property as described in Section 302(c)(6)(A-C).

7. If funds are proposed to be used for development of an Affordable Rental Housing Development, a certification is required that the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan must be evidenced through a Promissory Note 670
California Department of Housing and Community Development Page 8 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA secured by a Deed of Trust, and a Regulatory Agreement is required to restrict occupancy and rents in accordance with the Local government’s approved underwriting of the Project for a term of at least 55 years. If any activity in the five-year PLHA Plan consists of loans being made to a homebuyer, homeowner, developer or owner of a project, a Program income reuse plan describing how repaid PLHA loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interestbearing account will be used for eligible PLHA activities.

G. Threshold requirements for Previous Grantees
Applicants which have previously received an award of PLHA funds must meet all threshold requirements as outlined in the PLHA Program Guidelines Section 302.

Specifically, prior grantees requesting a new allocation of funds must demonstrate the following:

1. The housing element compliance status of the Applicant and delegates or subgrantees, if applicable, must have adopted a housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at the time of application.

2. The Applicant must have submitted to the Department the Annual Progress Report (APR) consistent with the CY allocation being requested as detailed below at the time of application:

Allocation Requested: APR Reporting Period:
2021 allocation CY 2021 APR
2022 allocation CY 2022 APR
2023 allocation CY 2023 APR

3. Applicant must be current on all applicable Annual PLHA required reports at time of award. Annual PLHA reports are due July 31 of each year reporting on the prior calendar year’s activities, per PLHA Guidelines Section 503.

4. Applicant has met commitment and disbursement requirements for previously awarded funds stated in PLHA Guidelines Section 300(e) and must not have incurred any penalties stated in PLHA Guidelines Section 502.

5. Previous grantees will have already received Department approval for their fiveyear PLHA Plan which must include a list of the activities that the Local government plans to provide using the five years of funding contained in the Standard Agreement. In subsequent funding years, the PLHA Plan continues in 671
California Department of Housing and Community Development Page 9 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA force and effect unless the Local government amends their Plan. a. If the Local government is proposing that more than 10 percent of the anticipated funds be allocated to a different activity, the Plan must be formally amended, including discussion and approval at a publicly noticed meeting of the Local government’s governing board, and be submitted to the Department for approval.
b. Any amendment proposing to move more than 10 percent of funds that involve moving funds from an AOWH activity (see Section III(B)(1)(a)(ii) above) may only be moved to another AOWH activity.
c. Unless otherwise approved by the Department, all Applicants amending their plan will be required to use 40 percent of each remaining allocation for AOWH activities.

H. Administration and Reporting Requirements
All recipients of PLHA funds must meet the administration and reporting requirements set forth in PLHA Program Guidelines, Article III, Sections 500, 501, and 503.

It is the Applicant’s responsibility to ensure that the application is clear, complete, and accurate. The Department may request additional clarifying information and/or inquire as to where in the application specific information is located. However, missing or forgotten application information or documentation may cause the application not to pass threshold.

IV. Application Webinar
Applicants are strongly encouraged to view the PLHA webinar to gain information critical for preparing the application. The PLHA webinar recording is located on the Department’s PLHA webpage. Any questions on the program should be directed to the Program email at [email protected].

V. Appeals
A. Basis of Appeals

1. Applicants may appeal HCD’s written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide insufficient basis for an award (including scoring and tie breaker).

2. At the sole discretion of the Department, the Department’s written determination may include a request for clarifying and/or corrective information.

For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the Department’s threshold, scoring and feasibility determinations. 672
California Department of Housing and Community Development Page 10 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA

3. No Applicant shall have the right to appeal a decision of HCD relating to another Applicant’s application (e.g., eligibility, award).

4. Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of HCD.

5. The appeal process provided herein applies solely to decisions of HCD made pursuant to this NOFA.

B. Appeal Process and Deadlines

1. Process: To file an appeal, Applicants must submit to HCD, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to HCD, no further information or materials will be accepted or considered thereafter.

Appeals are to be submitted to HCD at [email protected] according to the deadline set forth in HCD review letters.

2. Filing Deadline: Appeals must be received by HCD no later than five (5) business days from the date of HCD’s threshold review, or initial score letters, as applicable, representing HCD’s decision made in response to the application.

C. Decision
Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of HCD.

VI. Other terms and conditions
A. Right to modify or suspend
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website. 673
California Department of Housing and Community Development Page 11 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA B. Disclosure of application
Information provided in the application will become a public record and available for review by the public, pursuant to the California Public Records Act (GC Section 7920.000 et seq.). As such, any materials provided will be disclosed to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses.

By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

C. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, and regulations pertaining to PLHA, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.
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California Department of Housing and Community Development Page 12 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Appendix A
Entitlement and Non-Entitlement Local Government Formula Allocations Calendar Years 2021, 2022, and 2023.
• Please refer to Section II.A. Eligible Applicants for a discussion of the definition of Entitlement and Non- Entitlement Local governments.
• If no funds are noted for CY 2021 or CY 2022, those funds have already been requested and awarded to the eligible Local government.
• Funds identified in RED are at risk of converting to HCD’s Multifamily Housing Program (MHP) and must be requested through an application submitted no later than February 28, 2025.

Entitlement Local Governments Non-Entitlement Local Governments Local Government CY 2021 CY 2022 CY 2023 Local Government CY 2021 CY 2022 CY 2023 Alameda $479,024 $367,156 Alpine County $116,768 $57,959 $43,467 Alameda County $800,595 $613,629 Alturas $128,224 $63,112 $48,072 Alhambra $796,443 $399,179 $305,957 Amador City $112,445 $56,885 $43,138 Aliso Viejo $78,309 Amador County $275,316 $135,904 $89,916 Anaheim $3,686,550 $1,847,709 $1,416,205 American Canyon $97,199 $67,623 Antioch $259,046 Anderson $178,480 $90,221 $70,912
Apple Valley $246,524 $188,952 Angels Camp $128,764 $70,091 $54,467 Bakersfield $2,960,656 $1,483,889 $1,137,350 Arcata $107,399 $76,577 Baldwin Park $320,775 Artesia $213,605 $102,568 $79,866 Bellflower $337,495 Arvin $83,886
Berkeley $849,995 Atwater $139,339 $103,072
Buena Park $242,623 Auburn $203,337 $101,762 $79,866
Burbank $313,549 Avenal $80,022 $64,334
Camarillo $88,939 Benicia $88,637
Carlsbad $233,683 $179,110 Biggs $121,739 $62,038 $46,427 Carson $709,383 $355,545 $272,513 Bishop $67,406 $49,716 Cathedral City $484,445 $242,805 $186,101 Blue Lake $117,957 $59,891 $45,513 Cerritos $186,806 $93,627 $71,762 Brawley $86,261
Chico $334,642 $256,491 Butte County $296,625 $189,136
Chino $426,531 $213,778 $163,854 Calaveras County $130,115 Chino Hills $303,241 $151,985 $116,491 Calexico $284,935 $140,413 $104,899 Chula Vista $908,287 $696,170 Calimesa $156,324 $78,680 $55,015 Citrus Heights $268,126 $205,509 Calipatria $59,623 $48,620 Clovis City $313,434 $240,236 Calistoga $73,848 $53,005 675
California Department of Housing and Community Development Page 13 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government CY 2021 CY 2022 CY 2023 Local Government CY 2021 CY 2022 CY 2023 Compton $1,316,582 $659,875 $505,771 Capitola $110,351 $80,414 Concord $836,053 $419,032 $321,173 Carmel-by-the-Sea $69,822 $51,178 Contra Costa County $1,860,477 $1,425,991 Chowchilla $88,879 $64,334 Corona $995,498 $498,946 $382,425 Clearlake $107,130 $86,078 Costa Mesa $904,122 $453,148 $347,322 Coalinga $71,095
Cupertino $141,890 $108,754 Colfax $125,522 $63,380 $47,706 Daly City $438,780 $336,310 Colusa $161,187 $81,900 $56,294 Davis $199,046 Colusa County $152,541 $80,558 $59,218
Delano $556,115 $278,726 $213,634 Corcoran $94,784 $67,623 Downey $889,923 $446,031 $341,868 Corning $150,380 $70,896 $59,401 El Cajon $424,070 Crescent City $56,111
El Centro $161,642 Del Norte County $115,988 $78,039
El Monte $726,377 $556,743 Dinuba $113,304 $82,424
Elk Grove $377,026 $288,977 Dixon $194,691 $92,100 $80,597 Encinitas $133,775 $102,534 Dorris $59,354 $44,600
Escondido $1,441,775 $722,621 $553,864 Dos Palos $143,355 $72,238 $54,467 Fairfield $256,861 Dunsmuir $62,307 $47,889
Fontana $841,109 $644,681 El Centro
(Colonia Only) $102,524
Fountain Valley $123,971 $95,020 El Dorado County $337,874 Fremont $549,661 $421,296 Etna $56,080 $42,919
Fresno $2,921,311 $2,239,084 Eureka $346,539 $167,253 $117,690 Fresno County $1,408,829 $1,079,819 Exeter $78,411 $52,640 Fullerton $1,177,577 $590,205 $452,372 Farmersville $86,463 $64,700 Garden Grove $653,368 Ferndale $121,739 $60,965 $45,148 Gardena $282,801 $216,757 Firebaugh $159,566 $74,922 $56,111 Gilroy $209,401 $160,499 Fort Bragg $75,995 $59,949
Glendale $569,709 Fort Jones $58,281 $44,600
Glendora $85,590 Fortuna $171,995 $83,242 $66,527
Goleta $80,598 $61,776 Fowler $66,064 $50,630
Hanford $253,302 $194,147 Glenn County $201,716 $98,005 $71,643 Hawthorne $402,674 Grass Valley $117,330 $91,560
Hayward $428,245 Greenfield $109,815 $80,049
Hemet $688,525 $345,090 $264,500 Gridley $143,895 $73,848 $51,543 Hesperia $865,117 $433,599 $332,338 Grover Beach $73,836 Huntington Beach $938,184 $470,220 $360,407 Guadalupe $166,051 $78,680 $55,198 676
California Department of Housing and Community Development Page 14 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government CY 2021 CY 2022 CY 2023 Local Government CY 2021 CY 2022 CY 2023 Huntington Park $428,208 Gustine $73,848 $60,497
Indio $779,909 $390,892 $299,605 Hidden Hills $124,982 $62,844 $46,975 Inglewood $483,467 Hollister $147,123 $110,381
Irvine $498,055 Holtville $61,770 $45,148
Kern County $3,695,204 $1,852,046 $1,419,530 Humboldt County $207,408 La Habra $333,372 $255,518 Huron $67,138 $50,264
La Mesa $124,064 Imperial $72,922
Laguna Niguel $100,806 Imperial County $311,954 $161,080 $109,102 Lake Elsinore $425,098 $213,060 $163,303 Indian Wells $163,889 $78,948 $59,035 Lake Forest $145,261 Industry $110,824 $55,865 $43,138
Lakewood $177,970 Inyo County $109,009 $78,769
Lancaster $595,694 $456,579 Ione $141,734 $70,359 $57,939 Livermore $137,029 Jackson $143,355 $73,311 $51,909
Lodi $288,277 $220,955 King City $60,131
Lompoc $388,324 $194,629 $149,176 Kings County $148,733 $110,016 Long Beach $1,923,146 Lake County $213,687 $152,225
Los Angeles $22,477,835 $17,228,487 Lakeport $77,874 $54,102 Los Angeles County $9,451,755 $7,244,444 Lassen County $70,912 Lynwood $1,079,969 $541,283 $414,875 Lemoore $237,381 $130,213 $89,002 Madera $362,050 $277,499 Lincoln $344,377 $164,032 $116,045 Marin County $622,026 $476,762 Lindsay $89,953 $65,430
Menifee $165,325 Live Oak $156,324 $77,606 $59,035
Merced $444,694 $340,842 Livingston $93,442 $67,989
Milpitas $204,545 $156,777 Loomis $147,678 $78,411 $65,248 Mission Viejo $135,808 Los Banos $131,824 $103,620
Modesto $831,356 $637,206 Loyalton $116,336 $58,012 $43,869 Montebello $208,137 Madera County $241,065 $187,126
Monterey $99,805 $76,497 Mammoth Lakes $74,922 $62,141
Monterey County $555,851 $426,041 Maricopa $116,336 $58,549 $46,610 Monterey Park $273,366 $209,525 Marina $112,230 $81,510 Moreno Valley $1,761,457 $882,847 $676,672 Mariposa County $87,540 Mountain View $219,939 $168,576 Marysville $66,892
Napa $272,799 $209,091 McFarland $90,758 $65,248
National City $337,079 $258,360 Mendocino County $293,672 $203,608 Newport Beach $111,450 Merced County $335,007 $233,721
677
California Department of Housing and Community Development Page 15 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government CY 2021 CY 2022 CY 2023 Local Government CY 2021 CY 2022 CY 2023 Norwalk $389,495 Modoc County $146,597 $68,480 $51,361
Oakland $3,175,817 $2,434,155 Mono County $57,573
Oceanside $426,547 Montague $60,965 $44,600
Ontario $788,724 $604,530 Mount Shasta $74,117 $55,746
Orange $399,168 Napa County $261,158 $128,335 $94,849
Orange County $2,175,998 $1,090,616 $835,919 Nevada City $70,896 $53,919 Oxnard $761,186 Nevada County $281,594 $192,790
Palm Desert $112,562 Orange Cove $70,896 $54,102
Palm Springs $328,816 $164,803 $126,316 Orland $143,355 $78,680 $64,517 Palmdale $1,332,565 $667,885 $511,911 Oroville $83,338
Palo Alto $198,460 $152,112 Pacific Grove $99,615 $74,567 Paradise $80,239 $61,500 Palos Verdes
Estates $170,914 $87,805 $65,796
Paramount $287,932 Parlier $87,805 $68,354
Pasadena $615,081 Pismo Beach $93,442 $69,268
Perris City $797,990 $399,954 $306,551 Placer County $385,467 $247,060 Petaluma $121,138 Placerville $101,494 $69,268
Pico Rivera $222,734 Plumas County $217,387 $104,983 $76,029 Pittsburg $543,387 $272,347 $208,744 Plymouth $116,876 $58,549 $44,783 Placentia $141,124 Point Arena $56,670 $43,101
Pleasanton $129,527 $99,278 Portola $120,659 $62,038 $47,158 Pomona $915,970 $702,059 Rancho Mirage $103,803
Porterville $293,840 $225,218 Red Bluff $100,152 $69,085 Rancho Cordova $244,642 $187,510 Rio Dell $141,193 $72,506 $55,563 Rancho Cucamonga $386,189 $296,001 Rio Vista $157,945 $87,537 $61,411 Rancho Santa
Margarita $173,436 $86,926 $66,626 Riverbank $113,572 $79,135 Redding $221,315 San Benito County $112,767 $76,942
Redondo Beach $112,160 $85,966 San Joaquin $128,764 $65,528 $49,716 Redwood City $228,481 San Juan Bautista $63,917 $48,437 Rialto $1,022,495 $512,477 $392,796 San Juan
Capistrano $154,638 $108,371
Riverside $1,390,635 $1,065,874 Sand City $56,885 $43,284 Riverside County $6,835,329 $3,425,886 $2,625,824 Santa Cruz County $480,214 $332,575 Rocklin $88,469 Scotts Valley $76,211
Rosemead $294,255 $225,536 Shasta County $267,637 $190,232 Roseville $205,908 Shasta Lake $68,354
678
California Department of Housing and Community Development Page 16 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government CY 2021 CY 2022 CY 2023 Local Government CY 2021 CY 2022 CY 2023 Sacramento $1,548,793 Sierra County $124,441 $63,649 $51,361 Sacramento County $2,332,543 $1,787,814 Siskiyou County $127,046 $85,384 Salinas $863,162 $661,584 Solano County $82,789
San Bernardino $1,065,809 Soledad $94,247 $65,065
San Bernardino
County $2,965,495 $2,272,949 Sonora $76,801 $53,736
San Buenaventura $234,868 South Lake Tahoe $117,142
San Clemente $124,215 Saint Helena $81,364 $63,969
San Diego $3,804,642 Suisun City $257,916 $124,040 $85,165 San Diego County $1,697,409 $1,301,006 Susanville $76,801 $59,583 San Francisco $7,473,904 $5,728,490 Sutter County $111,157 $76,942 San Joaquin County $1,123,219 $860,908 Sutter Creek $128,764 $64,991 $52,092 San Jose $3,728,060 $2,857,429 Taft $136,330 $72,775 $58,487 San Leandro $300,018 $229,953 Tehama $56,348 $43,467
San Luis Obispo
County $747,989 $573,308 Tehama County $212,668 $148,059 San Marcos $209,727 Trinidad $111,256 $55,865 $42,773
San Mateo $224,653 Trinity County $82,607
San Mateo County $1,036,938 $794,777 Truckee $96,126 $68,354 Santa Ana $1,842,273 Tulare County $486,656 $711,731
Santa Barbara $388,447 $297,731 Tulelake $58,549 $45,148 Santa Barbara
County $374,398 Tuolumne County $228,987 $161,727
Santa Clara $411,064 $315,066 Ukiah $100,152 $70,547
Santa Clara County $631,595 $484,096 Vernon $111,472 $55,865 $43,503 Santa Clarita $1,006,200 $504,310 $386,536 Wasco $84,069 Santa Cruz $173,959 Weed $65,528 $48,437
Santa Maria $481,953 Westmorland $117,957 $59,086 $44,234 Santa Monica $469,381 $359,765 Wheatland $123,361 $62,575 $47,158 Santa Rosa $456,230 Williams $135,249 $64,186 $48,437
Santee $229,843 $115,198 $88,295 Willits $69,017 $50,630 Seaside $165,564 $126,899 Willows $138,491 $74,653 $59,766 Simi Valley $190,789 Winters $177,399 $86,195 $59,401
Sonoma County $771,043 $590,977 Woodlake $75,995 $57,208 South Gate $1,233,796 $618,382 $473,968 Yolo County $395,616 South San Francisco $186,873 $143,232 Yountville $64,722 $53,371 Stanislaus County $1,975,561 $990,157 $758,921 Yreka $79,216 $56,111 679
California Department of Housing and Community Development Page 17 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government CY 2021 CY 2022 CY 2023 Local Government CY 2021 CY 2022 CY 2023 Stockton $1,467,196 $1,124,555 Yuba County $188,770
Sunnyvale $456,956 $350,241 No data No data No data No data Temecula $467,631 $234,378 $179,642 No data No data No data No data Thousand Oaks $506,368 $253,793 $194,523 No data No data No data No data Torrance $291,992 No data No data No data No data
Tulare $272,990 $209,238 No data No data No data No data Turlock $265,636 $203,601 No data No data No data No data Tustin $253,336 No data No data No data No data
Union City $166,857 No data No data No data No data
Upland $475,232 $238,187 $182,562 No data No data No data No data Vacaville $206,179 $158,029 No data No data No data No data Vallejo $433,249 $332,070 No data No data No data No data Ventura County $737,056 $564,928 No data No data No data No data Victorville $542,468 $415,783 No data No data No data No data Visalia $1,078,990 $540,793 $414,499 No data No data No data No data Vista $268,670 No data No data No data No data
Walnut Creek $90,972 No data No data No data No data
Watsonville $310,781 $238,203 No data No data No data No data West Covina $664,967 $333,283 $255,450 No data No data No data No data West Sacramento $404,832 $202,903 $155,518 No data No data No data No data Westminster $873,327 $437,714 $335,493 No data No data No data No data Whittier $328,505 $251,788 No data No data No data No data Woodland $163,607 No data No data No data No data
Yorba Linda $69,999 No data No data No data No data
Yuba City $204,445 No data No data No data No data
680
California Department of Housing and Community Development Page 18 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Appendix B
Five-Year PLHA Allocation Estimate
Entitlement Local Governments Non-Entitlement Local Governments Local Government Estimated
5-Year
Funding Amount
Local Government Estimated
5-Year Funding
Amount
Alameda $3,352,590 Alpine County $408,390
Alhambra $2,793,768 Alturas $475,835
Aliso Viejo $715,062 Amador City $395,168
Anaheim $12,931,710 Amador County $805,115
Antioch $2,365,410 American Canyon $704,612
Apple Valley $1,725,366 Anderson $622,622
Bakersfield $10,385,412 Angels Camp $487,737
Baldwin Park $2,929,068 Arcata $1,056,372
Bellflower $3,081,744 Artesia $814,372
Berkeley $7,761,504 Arvin $831,563
Buena Park $2,215,452 Atwater $949,257
Burbank $2,863,092 Auburn $719,158
Camarillo $812,124 Avenal $627,912
Carlsbad $1,635,492 Benicia $848,754
Carson $2,488,380 Biggs $424,261
Cathedral City $1,699,338 Bishop $502,283
Cerritos $655,278 Blue Lake $409,715
Chico $2,342,088 Brawley $906,940
Chino $1,496,190 Butte County $2,000,572
Chino Hills $1,063,710 Calaveras County $1,238,865
Chula Vista $6,356,898 Calexico $1,222,996
Citrus Heights $1,876,554 Calimesa $532,699
Clovis City $2,193,654 Calipatria $462,611
Compton $4,618,320 Calistoga $511,540
Concord $2,932,710 Capitola $630,557
Corona $3,492,018 Carmel-by-the-Sea $491,704
Costa Mesa $3,171,486 Chowchilla $662,295
Cupertino $993,060 Clearlake $875,203
Daly City $3,070,926 Coalinga $618,655
Davis $1,817,544 Colfax $432,196
Delano $1,950,744 Colusa $515,507
Downey $3,121,674 Colusa County $500,961
El Cajon $3,872,292 Corcoran $683,453
El Centro $1,475,988 Corning $555,180
Elk Grove $2,638,722 Crescent City $485,092
El Monte $5,083,752 Del Norte County $844,787
681
California Department of Housing and Community Development Page 19 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government Estimated 5-Year
Funding Amount
Local Government Estimated 5-Year
Funding Amount
Encinitas $936,264 Dinuba $889,749
Escondido $5,057,466 Dixon $692,710
Fairfield $2,345,460 Dorris $399,135
Fontana $5,886,732 Dos Palos $496,994
Fountain Valley $867,648 Dunsmuir $432,196
Fremont $3,846,960 El Centro $1,297,051
Fresno $20,445,618 El Dorado County $2,879,974
Fullerton $4,130,712 Etna $403,103
Gardena $1,979,262 Eureka $1,125,138
Garden Grove $5,966,058 Exeter $586,917
Gilroy $1,465,554 Farmersville $589,562
Glendale $5,202,150 Ferndale $426,906
Glendora $781,548 Firebaugh $572,371
Goleta $564,090 Fort Bragg $641,136
Hanford $1,772,808 Fort Jones $415,004
Hawthorne $3,676,914 Fortuna $651,715
Hayward $3,910,410 Fowler $486,414
Hemet $2,415,216 Glenn County $641,136
Hesperia $3,034,662 Grass Valley $813,049
Huntington Beach $3,290,970 Greenfield $839,497
Huntington Park $3,910,068 Gridley $555,180
Indio $2,735,772 Grover Beach $727,093
Inglewood $4,414,656 Guadalupe $606,754
Irvine $4,547,862 Gustine $441,452
Laguna Niguel $920,484 Hidden Hills $428,228
La Habra $2,333,202 Hollister $1,081,498
Lake Forest $1,326,420 Holtville $495,671
Lake Elsinore $1,491,162 Humboldt County $2,066,693
Lakewood $1,625,082 Huron $597,497
La Mesa $1,132,854 Imperial $548,568
Lancaster $4,169,130 Imperial County $1,043,148
Livermore $1,251,240 Indian Wells $532,699
Lodi $2,017,590 Industry $393,581
Lompoc $1,362,162 Inyo County $622,622
Long Beach $17,560,704 Ione $452,032
Los Angeles $157,317,438 Jackson $524,764
Lynwood $3,788,322 King City $805,115
Madera $2,533,914 Kings County $980,995
Menifee $1,509,624 Lake County $1,450,450
Merced $3,112,314 Lakeport $475,835
Milpitas $1,431,570 Lassen County $612,043
Mission Viejo $1,240,098 Lemoore $871,235
682
California Department of Housing and Community Development Page 20 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government Estimated 5-Year
Funding Amount
Local Government Estimated 5-Year
Funding Amount
Modesto $5,818,482 Lincoln $1,219,029
Montebello $1,900,548 Lindsay $703,289
Monterey $698,514 Live Oak $537,988
Monterey Park $1,913,226 Livingston $653,038
Moreno Valley $6,178,854 Loomis $490,382
Mountain View $1,539,306 Los Banos $1,129,105
Napa $1,909,260 Loyalton $405,747
National City $2,359,146 Madera County $1,643,522
Newport Beach $1,017,678 Mammoth Lakes $490,382
Norwalk $3,556,572 Maricopa $400,458
Oakland $22,226,850 Marina $945,290
Oceanside $3,894,906 Mariposa County $770,732
Ontario $5,520,108 Marysville $662,295
Orange $3,644,898 McFarland $676,841
Oxnard $6,950,574 Mendocino County $2,099,753
Palmdale $4,674,384 Merced County $1,865,687
Palm Desert $1,027,836 Modoc County $458,644
Palm Springs $1,153,422 Mono County $462,611
Palo Alto $1,388,976 Montague $412,359
Paradise $561,576 Mount Shasta $539,311
Paramount $2,629,182 Napa County $859,334
Pasadena $5,616,456 Nevada City $473,190
Perris City $2,799,192 Nevada County $1,837,916
Petaluma $1,106,142 Orange Cove $608,076
Pico Rivera $2,033,838 Orland $555,180
Pittsburg $1,906,098 Oroville $822,306
Placentia $1,288,644 Pacific Grove $712,546
Pleasanton $906,534 Palos Verdes Estates $580,305
Pomona $6,410,670 Parlier $801,148
Porterville $2,056,524 Pismo Beach $597,497
Rancho Cordova $1,712,196 Placer County $2,730,542
Rancho Cucamonga $2,702,856 Placerville $664,940
Rancho Santa Margarita $608,376 Plumas County $727,093
Redding $2,020,884 Plymouth $404,425
Redondo Beach $784,980 Point Arena $404,425
Redwood City $2,086,314 Portola $452,032
Rialto $3,586,716 Rancho Mirage $1,032,569
Riverside $9,732,750 Red Bluff $744,284
Rocklin $807,828 Rio Dell $474,513
683
California Department of Housing and Community Development Page 21 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments Non-Entitlement Local Governments Local Government Estimated 5-Year
Funding Amount
Local Government Estimated 5-Year
Funding Amount
Salinas $6,041,082 San Joaquin $471,868
Roseville $1,880,196 Riverbank $732,382
Sacramento $14,142,402 San Benito County $727,093
Salinas $6,041,082 San Joaquin $471,868
San Bernardino $9,732,162 San Juan Bautista $455,999
San Clemente $1,134,240 San Juan Capistrano $1,418,712
San Diego $34,741,098 Sand City $402,838
San Francisco $52,308,210 Santa Cruz County $3,395,713
San Jose $26,091,876 Scotts Valley $622,622
San Leandro $2,099,760 Shasta County $1,721,544
San Marcos $1,915,068 Shasta Lake $613,366
San Mateo $2,051,364 Sierra County $405,747
Santa Ana $16,822,236 Siskiyou County $852,722
Santa Barbara $2,718,654 Solano County $769,410
Santa Clara $2,876,946 Soledad $725,770
Santa Clarita $3,529,554 Sonora $548,568
Santa Cruz $1,588,464 South Lake Tahoe $994,219
Santa Maria $4,400,826 Saint Helena $534,021
Santa Monica $3,285,096 Suisun City $928,099
Santa Rosa $4,165,950 Susanville $559,147
Santee $806,244 Sutter County $698,000
Seaside $1,158,744 Sutter Creek $471,868
Simi Valley $1,742,142 Taft $543,278
South Gate $4,327,920 Tehama $393,581
South San Francisco $1,307,880 Tehama County $1,120,113 Stockton $10,268,580 Trinidad $396,491
Sunnyvale $3,198,138 Trinity County $729,738
Temecula $1,640,358 Truckee $627,912
Thousand Oaks $1,776,240 Tulare County $3,501,506
Torrance $2,666,244 Tulelake $411,037
Tulare $1,910,598 Tuolumne County $1,453,095
Turlock $1,859,124 Ukiah $778,667
Tustin $2,313,270 Vernon $392,259
Union City $1,523,610 Wasco $813,049
Upland $1,667,022 Weed $459,966
Vacaville $1,443,000 Westmorland $436,163
Vallejo $3,032,214 Wheatland $432,196
San Buenaventura $2,144,634 Williams $485,092
Victorville $3,796,620 Willits $553,857
Visalia $3,784,890 Willows $561,792
Vista $2,453,292 Winters $532,699
684
California Department of Housing and Community Development Page 22 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Entitlement Local Governments
Local Government Estimate 5-Year
Funding Amount
Walnut Creek $830,694
Watsonville $2,175,090
West Covina $2,332,578
Westminster $3,063,462
West Sacramento $1,420,074
Whittier $2,299,140
Woodland $1,493,934
Yorba Linda $639,174
Yuba City $1,866,840
Alameda County $5,603,190
Contra Costa County $13,021,068
Fresno County $9,860,088
Kern County $12,962,064
Los Angeles County $66,150,756
Marin County $4,353,426
Monterey County $3,890,280
Orange County $7,632,984
Riverside County $23,977,026
Sacramento County $16,324,956
San Bernardino County $20,754,846
San Diego County $11,879,796
San Joaquin County $7,861,158
San Luis Obispo County $5,235,012
San Mateo County $7,257,300
Santa Barbara County $3,418,722
Santa Clara County $4,420,398
Sonoma County $5,396,358
Stanislaus County $6,929,892
Ventura County $5,158,494
685
California Department of Housing and Community Development Page 23 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Appendix C
Housing Element and Annual Progress Report (APR) Compliance Status Housing element and Annual Progress Report (APR) compliance is a threshold requirement for PLHA.

The housing element and APR compliance status of the Applicant and delegates or subgrantees, if applicable, must be established prior to submittal of the application.

If an Applicant is applying on behalf of multiple jurisdictions or delegating or sub-granting to another entity, the funds may only be awarded for use in a locality that is compliant with its APR requirements and which has an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at the time of award. If the Applicant is not compliant by time of application that will not prevent an award from being made for use in the localities that have been compliant.

Please note, if PLHA awards are made within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

To verify current housing element and APR compliance status, please consult the following resources:

Housing Element Compliance: Housing Element Review and Compliance Report | California Department of Housing and Community Development
Annual Progress Report Submittal: Annual Progress Reports - Data Dashboard and Downloads | California Department of Housing and Community Development Please note that PLHA is an over-the-counter (OTC) program, allowing Applicants to apply at any point during the OTC application window. If a jurisdiction is currently out of compliance, that jurisdiction, may still apply and once it reaches compliance with the housing element and APR requirements, it will be eligible to apply for PLHA funds.

However, if a Local government is requesting CY 2021 funds, they must apply no later than February 28, 2025, and demonstrate they have met all threshold requirements, including housing element compliance and APR submittal requirements by no later than at the time of application submittal to avoid reversion.

For questions about Housing Element Compliance, please email [email protected]. For inquiries on the status of APR submittal, please email [email protected].
686
California Department of Housing and Community Development Page 24 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Appendix D
Urban County Jurisdictions
The jurisdictions listed below are not eligible to receive a direct allocation of PLHA funds though they can still benefit from the Permanent Local Housing Allocation Program funds based upon an application through their designated Urban County.

An Urban County may apply on the behalf of the Local governments listed below, and the Urban County’s allocation can provide funding for eligible activities within the boundaries of these Local governments, as well as the unincorporated area of the designated Urban County.

If an Urban County is applying on behalf of multiple jurisdictions, the funds may only be awarded for use in localities that are compliant with their APR and housing element requirements as detailed in Appendix C. A locality is compliant with its housing element requirements when it has an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at the time of award. If the Urban County is not compliant by time of award that will not prevent an award from being made for use in the localities that are compliant.

Local Government Urban County that can apply on
the jurisdiction’s behalf
Adelanto San Bernardino County
Agoura Hills Los Angeles County
Albany Alameda County
Arcadia Los Angeles County
Arroyo Grande San Luis Obispo County
Atascadero San Luis Obispo County
Atherton San Mateo County
Avalon Los Angeles County
Azusa Los Angeles County
Banning Riverside County
Barstow San Bernardino County
Beaumont Riverside County
Bell Los Angeles County
Bell Gardens Los Angeles County
Belmont San Mateo County
Belvedere Marin County
Beverly Hills Los Angeles County
Big Bear Lake San Bernardino County
Blythe Riverside County
687
California Department of Housing and Community Development Page 25 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Bradbury Los Angeles County
Brea Orange County
Brentwood Contra Costa County
Brisbane San Mateo County
Buellton Santa Barbara County
Burlingame San Mateo County
Calabasas Los Angeles County
California City Kern County
Campbell Santa Clara County
Canyon Lake Riverside County
Carpinteria Santa Barbara County
Ceres Stanislaus County
Claremont Los Angeles County
Clayton Contra Costa County
Cloverdale Sonoma County
Coachella Riverside County
Colma San Mateo County
Colton San Bernardino County
Commerce Los Angeles County
Coronado San Diego County
Corte Madera Marin County
Cotati Sonoma County
Covina Los Angeles County
Cudahy Los Angeles County
Culver City Los Angeles County
Cypress Orange County
Dana Point Orange County
Danville Contra Costa County
Del Mar San Diego County
Del Rey Oaks Monterey County
Desert Hot Springs Riverside County
Diamond Bar Los Angeles County
Duarte Los Angeles County
Dublin Alameda County
East Palo Alto San Mateo County
Eastvale Riverside County
El Cerrito Contra Costa County
El Segundo Los Angeles County
Emeryville Alameda County
Escalon San Joaquin County
Fairfax Marin County
Fillmore Ventura County
Folsom Sacramento County
688
California Department of Housing and Community Development Page 26 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Foster City San Mateo County
Galt Sacramento County
Gonzales Monterey County
Grand Terrace San Bernardino County
Half Moon Bay San Mateo County
Hawaiian Gardens Los Angeles County
Healdsburg Sonoma County
Hercules Contra Costa County
Hermosa Beach Los Angeles County
Highland San Bernardino County
Hillsborough San Mateo County
Hughson Stanislaus County
Imperial Beach San Diego County
Irwindale Los Angeles County
Isleton Sacramento County
Jurupa Valley Riverside County
Kerman Fresno County
Kingsburg Fresno County
La Canada Flintridge Los Angeles County
La Habra Heights Los Angeles County
La Mirada Los Angeles County
La Palma Orange County
La Puente Los Angeles County
La Quinta Riverside County
La Verne Los Angeles County
Lafayette Contra Costa County
Laguna Beach Orange County
Laguna Hills Orange County
Laguna Woods Orange County
Larkspur Marin County
Lathrop San Joaquin County
Lawndale Los Angeles County
Lemon Grove San Diego County
Loma Linda San Bernardino County
Lomita Los Angeles County
Los Alamitos Orange County
Los Altos Santa Clara County
Los Altos Hills Santa Clara County
Los Gatos Santa Clara County
Malibu Los Angeles County
Manhattan Beach Los Angeles County
Manteca San Joaquin County
Martinez Contra Costa County
689
California Department of Housing and Community Development Page 27 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA Maywood Los Angeles County
Mendota Fresno County
Menlo Park San Mateo County
Mill Valley Marin County
Millbrae San Mateo County
Monrovia Los Angeles County
Montclair San Bernardino County
Monte Sereno Santa Clara County
Moorpark Ventura County
Moraga Contra Costa County
Morgan Hill Santa Clara County
Morro Bay San Luis Obispo County
Murrieta Riverside County
Needles San Bernardino County
Newark Alameda County
Newman Stanislaus County
Norco Riverside County
Novato Marin County
Oakdale Stanislaus County
Oakley Contra Costa County
Ojai Ventura County
Orinda Contra Costa County
Pacifica San Mateo County
Paso Robles San Luis Obispo County
Patterson Stanislaus County
Piedmont Alameda County
Pinole Contra Costa County
Pleasant Hill Contra Costa County
Port Hueneme Ventura County
Portola Valley San Mateo County
Poway San Diego County
Rancho Palos Verdes Los Angeles County
Redlands San Bernardino County
Reedley Fresno County
Richmond Contra Costa County
Ridgecrest Kern County
Ripon San Joaquin County
Rohnert Park Sonoma County
Rolling Hills Los Angeles County
Rolling Hills Estates Los Angeles County
Ross Marin County
San Anselmo Marin County
San Bruno San Mateo County
690
California Department of Housing and Community Development Page 28 Permanent Local Housing Allocation Program – CY 2023 Formula Allocation NOFA San Carlos San Mateo County
San Dimas Los Angeles County
San Fernando Los Angeles County
San Gabriel Los Angeles County
San Jacinto Riverside County
San Luis Obispo San Luis Obispo County
San Marino Los Angeles County
San Pablo Contra Costa County
San Rafael Marin County
San Ramon Contra Costa County
Sanger Fresno County
Santa Fe Springs Los Angeles County
Santa Paula Ventura County
Saratoga Santa Clara County
Sausalito Marin County
Seal Beach Orange County
Sebastopol Sonoma County
Selma Fresno County
Shafter Kern County
Sierra Madre Los Angeles County
Signal Hill Los Angeles County
Solana Beach San Diego County
Solvang Santa Barbara County
Sonoma Sonoma County
South El Monte Los Angeles County
South Pasadena Los Angeles County
Stanton Orange County
Tehachapi Kern County
Temple City Los Angeles County
Tiburon Marin County
Tracy San Joaquin County
Twentynine Palms San Bernardino County
Villa Park Orange County
Walnut Los Angeles County
Waterford Stanislaus County
West Hollywood Los Angeles County
Westlake Village Los Angeles County
Wildomar Riverside County
Windsor Sonoma County
Woodside San Mateo County
Yucaipa San Bernardino County
Yucca Valley San Bernardino County
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Permanent Local Housing Allocation
Final Guidelines
Gavin Newsom, Governor
State of California
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 150
Sacramento, CA 95833
October 2019
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Department of Housing and Community Development 2 2019 PLHA Final Guidelines The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms… Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) In consultation with stakeholders, the California Department of Housing and Community Development (Department) may adopt Guidelines to implement this Section, including determining allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the Department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Title 2 Government Code, Part 1 of Division 3).

NOTE: Authority Cited: Health and Safety Code Section 50470, subdivision (d).

The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts. 695
Department of Housing and Community Development 3 2019 PLHA Final Guidelines

INTRODUCTION
Chapter 364, Statutes of 2017 (SB 2, Atkins) was part of a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (Department) to use 70 percent of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program.

Guidelines for the PLHA program are organized into five Articles as follows:

Article I. General provisions: This article includes information on the purpose of the Guidelines, program objectives, and definitions used throughout the document.

Article II. Program funding: This article describes allocation formulas and methodologies, and award amounts.

Article III. Formula allocation component: This article describes the requirements for Applicants to apply for funds under the formula allocation of the PLHA program.

Article IV. Competitive allocation component: This article describes requirements and uses for PLHA competitive allocation funds.

Article V. Administration: This article describes administrative functions such as terms, non-performance remedies, and reporting and monitoring requirements. 696
Department of Housing and Community Development 4 2019 PLHA Final Guidelines Permanent Local Housing Allocation (PLHA) Program:
2019 Guidelines
Table of Contents
ARTICLE I. GENERAL PROVISIONS 5
Section 100. Purpose and Scope 5
Section 101. Definitions 5
ARTICLE II. PROGRAM FUNDING 9
Section 200. Allocations 9
Section 201. Award Amounts 10
ARTICLE III. FORMULA ALLOCATION COMPONENT 11
Section 300. Eligible Applicants 11
Section 301. Eligible Activities 12
Section 302. Threshold Requirements 13
Section 303. Application Review 16
Section 304. Deadlines and Funding Requirements 17
ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT 17
Section 400. Eligible Applicants 17
Section 401. Eligible Activities 18
Section 402. Threshold Requirements 18
Section 403. Selection Criteria 20
Section 404. Application Review 22
Section 405. Deadlines and Funding Requirements 23
ARTICLE V. ADMINISTRATION 23
Section 500. Accounting Records 23
Section 501. Audits/Monitoring of Project Files 24
Section 502. Cancellation and Termination 25
Section 503. Reporting 26
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Department of Housing and Community Development 5 2019 PLHA Final Guidelines ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
(a) These Guidelines (hereinafter “Guidelines”) implement, interpret, and make specific Chapter 364, Statutes of 2017 (SB 2, Atkins - hereinafter “SB 2”) as authorized by Health and Safety Code (HSC) Section 50470, which created the Building Homes and Jobs Trust Fund and the PLHA program. The principal goal of this program is to make funding available to eligible local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Twenty percent of the funding in the Building Homes and Jobs Trust Fund is required to be expended for Affordable Owner-Occupied Workforce Housing, and the program prioritizes investments that increase the supply of housing to households that are at or below 60 percent of the Area Median Income (AMI), adjusted for household size.
(b) These Guidelines establish terms, conditions, and procedures for local governments to submit applications to the Department for funds from the PLHA program’s three components, as listed below:
(1) Entitlement formula component per HSC 50470(b)(2)(B)(i)(I) (2) Non-entitlement formula component per HSC 50470(b)(2)(B)(i)(II) (3) Non-entitlement competitive grant program component per HSC 50470(b)(2)(B)(i)(I) (eligible Applicants are the same as for component 2 above)
(c) The non-entitlement competitive grant program component prioritizes assistance to persons experiencing or At risk of homelessness.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A), subdivision (b)(2)(B)(i) and subdivision (b)(2)(B)(ii)(I-V).

Section 101. Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in HSC Section 50470. (a) “Accessory dwelling unit” (ADU) means a dwelling unit which is attached, detached or located within the living area of the existing dwelling or residential dwelling unit and which provides complete independent living facilities for one or more persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An Accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the HSC, or a manufactured home, as 698
Department of Housing and Community Development 6 2019 PLHA Final Guidelines defined in Section 18007 of the HSC.
(b) "Activity" means any single eligible undertaking carried out as part of an Applicant's allocation(s) under the Program.
(c) “Affordable” means a housing unit that satisfies at least one of the following criteria:

1. If the unit is being rented to low-income, Very low-income or Extremely low-income households, it complies with the Multifamily Housing Program guidelines Section 7312 and the Section 7301 definition of “Affordable Rent”; or

2. If the unit is being sold, it is offered at an “Affordable housing cost”, as published in the Fannie Mae Selling Guide, Part B, Debt to Income Ratios, as updated annually
(https://www.fanniemae.com/content/guide/selling/b3/6/02.html#DTI.20Rat ios), and it complies with the income limits stated in the definitions of Moderate-Income and Lower-Income in this section; or

3. If the unit is being rented to Moderate-Income households, it is available at a gross rent, including a utility allowance, that does not exceed 30 percent of the applicable income eligibility level, and complies with the definition of Moderate-Income in these guidelines
(d) "Affordable Owner-Occupied Workforce Housing" (AOWH) means owner-occupied housing per HSC Section 50092.1 that is affordable to persons and families of low or moderate income, as that term is defined in HSC Section 50093, except in High-cost areas where Moderate-income shall include households earning up to 150 percent of AMI.
(e) “Annual Progress Report” (APR) means the Housing Element APR required by GC Section 65400 on the prior year’s activities and due to the Department April 1 of each year.
(f) “Annual Report" means a form issued by the Department and completed by a Local government awarded PLHA funds on which the Local government documents the uses and expenditures of any allocated funds and outcomes achieved. (g) "Applicant" means an eligible Local government applying for the program to administer one or more eligible activities. Applicant also means a Local or Regional Housing Trust Fund delegated by an eligible Local government to apply for the program and administer its allocation in accordance with all program rules. 699
Department of Housing and Community Development 7 2019 PLHA Final Guidelines (h) “Area Median Income” or “AMI” means the most recent applicable county median family income published by the Department, available at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml (i) “At risk of homelessness” means the same as defined in Title 24 Section 578.3 of the Code of Federal Regulations and also includes any household receiving rental assistance funded by the California Emergency Solutions and Housing (CESH) program or the California Homeless Emergency Aid Program (HEAP). (j) “Capitalized Reserve for Services” means the reserve funded by the Local government pursuant to Section 301(a)(5) to address project supportive service budget deficits attributable to shortfalls in service funding sources.
(k) “Comprehensive Housing Affordability Strategy” or “CHAS” means annual data compiled by the United States Census Bureau for the U.S. Department of Housing and Urban Development (HUD) to document the extent of housing problems and housing needs, particularly for low-income households.
(l) "Community Development Block Grant" or "CDBG" means the program created pursuant to Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301 et seq., as amended.
(m) “Department” means the California Department of Housing and Community Development.
(n) “Extremely Low Income” has the meaning set forth in HSC Section 50106, which is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (o) “Fund” means the Building Homes and Jobs Trust Fund pursuant to HSC Section 50470.
(p) “High-cost area” means those counties defined as high cost by the Federal Housing Finance Agency (at: https://www.fhfa.gov/DataTools/ and those counties for which HUD adjusted the Very low income and low-income rents due to high costs (at:
https://www.huduser.gov/portal/pdrdatas_landing.html), as published by the Department in the annual PLHA Notice of Funding Availability.
(q) “Local government” means any city, including a charter city, any county, including a charter county, or a city and county, including a charter city and county. 700
Department of Housing and Community Development 8 2019 PLHA Final Guidelines (r) “Local Housing Trust Fund” or “Regional Housing Trust Fund” means a public, joint public and private fund or charitable nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific revenue to address local or regional housing needs.
(s) “Low or Lower Income” has the meaning set forth in HSC Section 50079.5, which is a maximum of 80 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (t) “Moderate-Income” has the meaning set forth in HSC Section 50093, which is a maximum of 120 percent AMI, or in High-cost areas, 150 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (u) “Non-entitlement local government” means a Local government in an area which is not a metropolitan city or part of an urban county, a Local government that, as of September 1, 2017, was an incorporated city with a population of less than 50,000 or a county with an unincorporated area population of less than 200,000 persons which had not entered into a three-year Urban County Cooperation Agreement, or a Local government that was not otherwise entitled to receive CDBG funds directly from HUD. (v) “Operating subsidies” means payments to owners of affordable housing developments that make the housing more affordable by covering a portion of the ongoing costs of operating the development. Such payments would have the same effect as rental assistance.
(w)“Owner-occupied” means a dwelling which is occupied by the owner and includes a single family dwelling or a dwelling unit in a stock cooperative, as defined by Business and Professions Code (BPC), Section 11003.2, a community apartment project, as defined by BPC Section 11004, or a condominium project, as defined by subdivision (c) of BPC Section 11004. 5.
(x) "Plan" means the document submitted by the Applicant to the Department as part of a complete application in which the Applicant proposes to use allocated funds for at least one eligible Activity. The Plan shall have a term of five years. In succeeding years, the Local government is required to obtain the approval of the Department for any amendments made to the Plan, as set forth in Section 302(c)(5). (y) “Permanent Local Housing Allocation Program", “Program”, or "PLHA" means the program developed to annually allocate 70 percent of the moneys deposited into the Fund pursuant to HSC Section 50470(b)(2)(B)(i).
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Department of Housing and Community Development 9 2019 PLHA Final Guidelines (z) “Permanent supportive housing” has the same meaning as in HSC Section 50675.14, that is, housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Permanent supportive housing may include associated facilities if used to provide services to housing residents. Permanent supportive housing does not include “health facility” as defined by HSC Section 1250 or any “alcoholism or drug abuse recovery or treatment facility” as defined by HSC Section 11834.02 or “Community care facility” as defined in HSC Section 1502, “Mental health rehabilitation centers” as defined in Section 5675 of the Welfare and Institutions Code (WIC), or other residential treatment programs.
(aa)“Regional Housing Needs Allocation" or "RHNA" means the share of the regional housing need represented by persons at all income levels within the area significantly affected by the general plan of the city or county allocated to an Applicant Local government pursuant to GC Section 65584(b).
(bb)“Sponsor” means the legal entity or combination of legal entities with continuing control of a Rental Housing Development. Where the borrowing entity is or will be organized as a limited partnership, Sponsor includes the general partner or general partners who have effective control over the operation of the partnership, or, if the general partner is controlled by another entity, the controlling entity. Sponsor does not include the seller of the property to be developed as the rental housing Project, unless the seller will retain control of the Project for the period necessary to ensure Project feasibility as determined by the Department.
(cc) “Very Low Income” has the meaning set forth in HSC Section 50105, which is a maximum of 50 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470.5 and 50470, subdivision (b)(2).

ARTICLE II. PROGRAM FUNDING
Section 200. Allocations
(a) SB 2 created a dedicated revenue source for affordable housing and directed the Department to make available 70 percent of the moneys in the Building Homes and Jobs Trust Fund, collected on and after January 1, 2019, to Local governments through the following allocations:
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Department of Housing and Community Development 10 2019 PLHA Final Guidelines (1) Ninety percent of the moneys available shall be allocated based on the formula used under Federal law to allocate CDBG funds within California. This is the formula specified in Title 42 United States Code (USC), Section 5306. (A) The amount of funds awarded to each Local government eligible for the entitlement formula component shall be determined by the 90 percent of PLHA funds available pursuant to this paragraph (1) and the percentage of funds received by the entitlement Local government in the CDBG federal fiscal year 2017 allocation process performed by HUD.
(B) Through the formula specified in paragraph (1), the percentage of funds allocated to Non-entitlement local governments shall be distributed to Non-entitlement local governments through a competitive grant program. (2) Ten percent of the moneys available shall be allocated equitably among Non-entitlement local governments. The equitable allocation awarded to each Local government eligible for the Non-entitlement formula component shall be based on the sum of: (1) 50 percent of the funding available for the Non-entitlement formula component divided by the number of local governments eligible for the Non-entitlement formula component and (2) 50 percent of the funding allocated in proportion to each Non-entitlement local government’s share of the total most severe housing need in California’s Non-entitlement local governments, based upon the most recent HUD Comprehensive Housing Affordability Strategy.
(b) After funds are appropriated by the Legislature as part of the budget act, the Department will issue one or more Notices of Funding Availability (NOFA). Local governments shall submit an application under the NOFA pertaining to the specific allocation for which the Local government is eligible.
(c) It is recommended that Local governments that were urban counties in accordance with the distribution of funds pursuant to the formula specified in 42 USC, Section 5306 for the federal fiscal year 2017 provide a proportional share of their allocations to Local governments within their county with which they had a three-year Urban County Cooperation Agreement as of September 1, 2017, provided that these Local governments meet the threshold requirements of the PLHA and expend sub-allocated funds for eligible activities within the deadlines of the Standard Agreement governing the sub-allocation.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 201. Award Amounts
(a) The formula allocation amounts derived pursuant to the formulas in Section 200 will be announced in the NOFA.
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Department of Housing and Community Development 11 2019 PLHA Final Guidelines (b) The maximum application amount and the minimum application amount for the competitive allocation will be stated in the NOFA.
(c) An Applicant may apply for its formula allocation from the current and two prior NOFAs for which it did not receive an award, provided that the award meets the requirements of Section 304(a).

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

ARTICLE III. FORMULA ALLOCATION COMPONENT
Section 300. Eligible Applicants
(a) Eligible Applicants for the entitlement formula component described in Section 100(b)(1) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section 5306.
(b) Eligible Applicants for the non-entitlement formula component described in Section 100(b)(2) and the competitive grant program component described in Section 100(b)(3) are limited to the Non-entitlement local governments. (c) A Local government may delegate another Local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local governments enter into a legally binding agreement and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The administering Local government shall be responsible for all Program requirements.
(d) A Local government may delegate a Local or Regional Housing Trust Fund to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local government enters into a legally binding agreement with the Local or Regional Housing Trust Fund and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The Local or Regional Housing Trust Fund shall be responsible for all Program requirements. (e) An Applicant shall not be eligible to receive a new allocation of PLHA funds if it has an uncommitted amount of formula PLHA funds greater than the following:
(1) Four times the pending annual allocation if the pending annual allocation is $125,000 or less;
(2) $500,000 if the pending annual allocation is greater than $125,000 and less than $500,000;
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Department of Housing and Community Development 12 2019 PLHA Final Guidelines (3) The amount of the pending annual allocation if the pending allocation is $500,000 or more.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 301. Eligible Activities
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. (4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(A) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core 705
Department of Housing and Community Development 13 2019 PLHA Final Guidelines components of Housing First, as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited to, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation. (c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.
(d) Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivisions (b)(2)(B)(ii)(IV), (b)(2)(D)(i-x), and (b)(3).

Section 302. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the formula allocation:
(a) Housing Element compliance: The Applicant and any delegating Local government, if applicable, must have a Housing Element that has been adopted by the Local 706
Department of Housing and Community Development 14 2019 PLHA Final Guidelines government’s governing body by the application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government’s current Housing Element compliance status can be obtained by referencing the Department’s website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant and any delegating Local government, if applicable, must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit, by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests an allocation pursuant to Section 200 in order to carry out one or more of the eligible activities described in Section 301. Except for a jointly funded project as described in Section 301(c), any activities must be carried out within the jurisdiction of the Applicant Local government. (2) Submission of the application is authorized by the governing boards of the Applicant.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. For the purposes of this paragraph, “entity” means a housing developer or program operator; “entity” does not mean an administering Local government to whom a Local government delegates its PLHA formula allocation, pursuant to Section 300(d).
(4) A Plan detailing:
(A) The manner in which allocated funds will be used for eligible Activities. (B) A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI. Programs targeted at households at or below 60 percent of AMI will be deemed to meet this requirement.
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Department of Housing and Community Development 15 2019 PLHA Final Guidelines (C) A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
(D) Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
(E) The following for each proposed Activity:
(i) A description of each proposed Activity, pursuant to Section 301, and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to AOWH. (ii) The projected number of households to be served at each income level and a comparison to the unmet share of the RHNA at each income level. (iii)A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.
(iv)The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least 55 years. (5) The Plan submitted in response to the NOFA shall be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than 10 percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting. (6) A certification that, if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:
(A) The PLHA loan and any interest thereon shall be repaid to the Local government’s PLHA account. The Local government shall reuse the repayments consistent with Section 301; or
(B) The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or
(C)The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds 708
Department of Housing and Community Development 16 2019 PLHA Final Guidelines of the equity-sharing agreement consistent with this section. (7) A certification that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.
(8) A Program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 303. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements.
(b) The Department may request additional information to complete its review. (c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.
(d) The Department may issue an Over-the-Counter formula allocation NOFA after completing the NOFA process so that Local governments who were not able to submit formula allocation applications by the application deadline will have another opportunity to do so.
(e) If funding proposed in Local government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A).
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Department of Housing and Community Development 17 2019 PLHA Final Guidelines Section 304. Deadlines and Funding Requirements
(a) The initial PLHA application, including the Plan, must be submitted within 48 months of the budget appropriation (for example, the budget appropriation for 2019 is July 1, 2019, so the application deadline is June 30, 2023). (b) Funds allocated to Local governments that do not submit a complete application by the deadline stated in subsection (a) will revert to the Housing Rehabilitation Loan Fund for the Multifamily Housing Program or for Department-administered technical assistance to Local governments.
(c) A Local government may petition the Department to return any funds allocated to it to be used for the Multifamily Housing Program.
(d) Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees. (e) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instruction. (f) After the Standard Agreement has been executed by the state, the Local government may submit a request for 100 percent of the funds allocated to be used for eligible expenditures for the Activity(ies) that received the award, and subject to the terms and conditions of the Standard Agreement.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i) and subdivision (b)(2)(B)(ii)(VI).

ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT
Section 400. Eligible Applicants
(a) Eligible Applicants for the non-entitlement competitive allocation described in Section 100(b)(3) are limited to Non-entitlement local governments. For development of Rental Housing Projects, the Sponsor must be a co-Applicant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I).
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Department of Housing and Community Development 18 2019 PLHA Final Guidelines Section 401. Eligible Activities
(a) Eligible Activities are limited to the following and must take place within the jurisdiction of the Applicant Local government:
(1) Development of new multifamily rental housing that is Affordable to households at or below 60 percent of AMI or substantial rehabilitation of multifamily rental housing that will be Affordable to households at or below 60 percent of AMI, but which is not currently restricted as Affordable housing; or (2) Assistance to persons who are experiencing or At risk of homelessness, including, but not limited to, through rapid rehousing, or rental assistance, supportive services and case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers, or new construction, rehabilitation, or preservation of permanent or transitional rental housing.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia), (b)(2)(B)(i)(I)(ib) and subdivision (b)(2)(B)(ii)(V).

Section 402. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the competitive allocation:
(a) Housing Element compliance: The Applicant must have a Housing Element that has been adopted by the jurisdiction’s governing body by the application deadline date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government’s current Housing Element compliance status can be obtained by referencing the Department’s website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests a grant pursuant to Section 100(b)(3) in order to carry out one 711
Department of Housing and Community Development 19 2019 PLHA Final Guidelines or both of the eligible Activities set forth in Section 401. (2) Submission of the application is authorized by the governing board of the Applicant and by the developer co-applicant, if any.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the selection process shall avoid conflicts of interest, and shall be accessible to the public.
(4) Demonstration of readiness, including site control for development Projects, land use entitlements, environmental review and commitments of other funding and resources required, as further set forth in the NOFA;
(5) Underwriting requirements:
(A)Uniform Multifamily Regulations Subchapter 19 of Title 25, Division 1, Chapter 7 (commencing with Section 8300), as amended from time to time, and the Multifamily Housing Program Guidelines (commencing with Section 7300), as amended from time to time, are hereby incorporated by reference into this subchapter and shall apply to Rental Housing Developments receiving assistance under the PLHA competitive allocation. In the event of a conflict between the provisions of Subchapter 19 and these Guidelines, the provisions of these Guidelines shall prevail.
(i) Section 8312(c) of the Uniform Multifamily Regulations is hereby amended to read:
(c) For Projects utilizing 4 percent tax credits, Developer Fee payments shall not exceed the amount that may be included in Project costs pursuant to 4 CCR, Section 10327. In addition, the Developer Fee paid from development funding sources shall not exceed the following:
(1) For acquisition and/or rehabilitation Projects, or adaptive reuse Projects, the lesser of the amount of Developer Fee in Project costs or $2,000,000. (2) For new construction Projects, the base limit shall be the lesser of the amount that may be included in Project costs or $2,200,000. To arrive at the final limit on Developer Fee paid from development funding sources, the base limit shall then be multiplied by a ratio that is the average of (i) the difference between 2 and the Project’s high-cost ratio, as calculated pursuant to 4 CCR, Section 10317(i)(6) or successor language and (ii) 100 percent.
(ii) Section 8312(d) of the Uniform Multifamily Regulations shall not apply. (iii)Section 8314(a)(1)(A) of the Uniform Multifamily Regulations is amended to read:
(A) Approved deferred Developer Fee, pursuant to Section 8312, provided that the aggregate of the Developer Fee paid from sources and paid as deferred shall not exceed $3,500,000.
712
Department of Housing and Community Development 20 2019 PLHA Final Guidelines (B)Period of affordability: All assisted rental units shall be restricted for not less than 55 years.
(C)All development Projects shall demonstrate fiscal integrity.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 403. Selection Criteria
(a) Applications submitted within a competitive funding round shall be evaluated using the following criteria. Total available points shall equal 100.

1. Priority Points – 25 points
A. Population - 5 points
(i) If the Applicant is a county that has a population of 200,000 or less within the unincorporated areas of the county, the Applicant shall receive all points.

B. Prior Award – 5 points
(i) If the Applicant did not receive an award based on the formula specified in 42 USC, Section 5306 in 2016, the Applicant shall receive all points.

And either C (i) or C (ii) or C (iii) below:

C. Activity
(i) Assistance for Homeless Persons through Program Activities – 15 points
(a) Applications to assist persons experiencing or At risk of homelessness, including, but not limited to, through programs providing rapid rehousing, or rental assistance, or operating assistance to navigation centers shall receive all points.

Or
(ii) Assistance to Homeless Persons through Development of Navigation Centers– 15 points
(a) Applications for construction of navigation centers shall receive all points.

Or
713
Department of Housing and Community Development 21 2019 PLHA Final Guidelines (iii) Assistance for Homeless Persons through Rental Projects – 15 points (a) Applications for the new construction, rehabilitation, or preservation of permanent or transitional rental housing in which all or at least 10 percent of the units are restricted to occupancy by tenants who are homeless or At risk of homelessness shall receive all points.

2. Evaluation Criteria – 75 points
Precise scoring for these factors will be set forth in the NOFA.

A. Community Need – 30 points
(i) Applicants will receive up to a maximum of 30 points based on the rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset in the Applicant Local government.

Applicants will receive points in proportion to this percentage.

B. Applicant Administrative Experience – 15 points
(i) Applicants with prior experience administering local, state or federal affordable housing or community development programs or who have entered into a contract with an entity with prior experience in the implementation of local, state or federal affordable housing or community development programs will receive up to 15 points.

C. Demonstrated Capacity – 30 points
(i) Capacity points will be based on:
(a) Sponsor experience in Affordable Rental Housing Development and ownership (Up to 30 points) or
(b) Navigation center development experience (for development of these facilities) (Up to 30 points) or
(c) Program Operator experience (for non-development Activities) (Up to 30 points)
(b) Where applications requesting funds for more than one eligible Activity pursuant to Section 401 are permitted by the NOFA, each Activity will receive a separate score for each rating factor, and have an individual Activity total. It is possible that one Activity may score highly enough to receive an award, and the other Activity does not. (c) In the event of tied point scores and insufficient funding for both applications, the Department shall rank the tied applications as follows:
(1) If one of the tied applications is for an Affordable Rental Housing Development and the other is for a program Activity or development of a navigation center, the 714
Department of Housing and Community Development 22 2019 PLHA Final Guidelines Affordable Rental Housing Development application will be selected for funding; (2) If one of the tied applications is for a navigation center and the other is for a program Activity, the navigation center will be selected for funding; (3) If both of the tied applications are for Affordable Rental Housing Developments, the Project with the lowest weighted average affordability of Restricted Units will be selected;
(4) If both of the tied applications are for navigation centers, the facility that provides overnight shelter to the greatest number of people will be selected; (5) If both of the tied applications are for programs, the Local government with the highest rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset will be selected.
(d) In the event there are insufficient funds to fulfill the entire funding request for the next highest scored application (Application A), the Department will determine whether Application A is feasible without the full funding request. If Application A is not feasible without full funding, the Department may offer the remaining funds to the application whose score is immediately below Application A. If the remaining funds are insufficient to fulfill the funding request for that application (Application B), the Department will again determine whether this application is feasible without the full funding request. If Application B is not feasible without the full funding request, the Department will perform the same analysis for the application whose score is immediately below Application B.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia) and subdivision (b)(2)(B)(ii)(V).

Section 404. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements. The application will require submission of documentation adequate to demonstrate that the application has earned the appropriate number of points. (b) The Department may request additional information to complete its review, provided that the new information would not affect scoring.
(c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).
715
Department of Housing and Community Development 23 2019 PLHA Final Guidelines Section 405. Deadlines and Funding Requirements
(a) Applicants will be required to enter into a state Standard Agreement (Standard Agreement) that will set forth conditions for funding and milestones that are required to be met.
(b) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions or risk forfeiting the grant award.
(c) Except for predevelopment expenses for construction projects funded by PLHA and the costs to develop and prepare the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds.

Reimbursement of expenses to prepare the PLHA application is subject to the cap on administrative fees.
(d) Grant funds shall not be disbursed until:
(1) the Department authorizes loan closing, in the case of development projects; or (2) all general and special conditions have been complied with, in the case of other Activities.
(e) If funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the project for at least 55 years.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(VI).

ARTICLE V. ADMINISTRATION
Section 500. Accounting Records
(a) The grantee shall establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the approved work plan, budget, and schedule. Separate bank accounts are not required. (b) The grantee shall maintain documentation of its financial records for expenditures incurred during the course of the PLHA Activity in accordance with generally accepted accounting principles. Such records shall be kept for at least five years after the close-out report is submitted to the Department.
716
Department of Housing and Community Development 24 2019 PLHA Final Guidelines (c) The Department or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to the PLHA grant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(IV) and subdivision (b)(3).

Section 501. Audits/Monitoring of Project Files
(a) Grantee shall maintain PLHA files which, at a minimum, should include the following information and reports:
1) Project/Activity description
2) Land/site Information
3) Planning & zoning history (as appropriate)
4) Records of public hearings and public comments
5) Relocation needs (as appropriate)
6) Contracts, loan and grant agreements, Standard Agreement 7) Environmental records & reports/findings (as appropriate) 8) Design/engineering reports & plans (as appropriate)
9) Description of targeted beneficiaries, services to be provided, household incomes, special needs
10)PLHA Activity costs, invoices, purchase orders, sources and uses of funds for PLHA Activities, terms & conditions of financings, draws and all supporting documentation, change orders (as appropriate)
11)Activity schedule and amendments
12)History of Plan amendments
13)Procurement policy used for PLHA Activity(ies)
(b) The grantee shall maintain such records for possible audit for a minimum of three years after the close-out report is submitted, unless a longer period of records retention is stipulated in the Standard Agreement.
(c) The grantee shall be responsible for monitoring Rental Housing Developments that received PLHA funds for the term of the loan, including, but not limited to, the Projects’ compliance with the occupancy and rent requirements set forth in the Regulatory Agreement, compliance with reserve requirements, and the compliance with habitability standards.
(d) The grantee shall be responsible for monitoring AOWH loans to assure that the homes remain Owner-occupied.
(e) If requested by the Department, the grantee shall obtain a report from a qualified, 717
Department of Housing and Community Development 25 2019 PLHA Final Guidelines licensed third party that certifies to the amounts of disbursement and identifies the specific Activities for which the disbursements were made. Such a report is permitted to be a component of the A-133 audit.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3).

Section 502. Cancellation and Termination
(a) In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, the Department shall issue a notice to stop work. Immediately upon receiving the written notice to stop work, the grantee shall cease all work under the Standard Agreement.

The Department has the sole discretion to determine the grantee’s compliance with the terms and conditions after issuance of a stop work order, and to deliver a written notice to the grantee to resume work under this Standard Agreement. (b) The Department shall terminate the Standard Agreement if the grantee is not in compliance with the Guidelines or the terms and conditions of the Standard Agreement. At least 30 days prior to the effective date of the termination of the Standard Agreement, the Department shall provide written notice to the grantee of its intent to cancel the funding allocation. The notice shall specify the reason for early termination and may permit the grantee or the Department to cure any deficiency(ies) prior to the early termination date. The grantee will submit requested documents to the Department within 30 days of the early termination notice. (c) Failure to meet reporting requirements will result in notice to the grantee that it must satisfactorily cure any deficiencies within three months of the notice or it will forfeit the following year’s PLHA formula allocation and be ineligible for a competitive award. The Local government will forfeit subsequent PLHA formula allocations and be ineligible for a competitive award until the Department determines that the Local government has met reporting requirements.
(d) The Department may, as it deems appropriate or necessary, request the repayment of funds from a Local government or offset future years’ funds, or pursue any other remedies available to it by law for failure to comply with the Guidelines and/or the terms and conditions of the Standard Agreement.
(e) Co-Applicants may be adversely impacted by a notice to stop work and/or termination if one grantee is deemed by the Department to not meet the terms and conditions of the Standard Agreement, or fails to meet the reporting requirements outlined in Section 503.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3). 718
Department of Housing and Community Development 26 2019 PLHA Final Guidelines Section 503. Reporting
(a) The Department shall provide grantees with reporting formats and instructions. (b) Annual Reports are required from all grantees pursuant to HSC Section 50470(b)(2)(B)(ii)(III) each year by July 31 for the term of the Standard Agreement.

The Annual Report shall document the uses and expenditures of all awarded allocations and outcomes achieved. This report must be signed by both the Local government’s PLHA administrator and the Local government’s City Manager (or his/her designee), or Chief Executive Officer (or his/her designee) or Chief Financial Officer (or his/her designee). The Annual Report must describe any proposed amendment(s) to the approved Activity and schedule.
(c) Upon expenditure of all allocated funds and completion of the Activities funded by PLHA, the grantee shall submit a close-out report, which will be part of the Annual Report.
(d) The Department may request additional information as needed to meet other applicable reporting or audit requirements.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(ii)(IV). 719
Visalia City Council
Legislation Text
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Agenda Item Wording:

Permanent Local Housing Allocation (PLHA) 5-year Plan: Develop FY 2025/26 - 2029/30 plan and amend FY 2024/25.

Deadline for Action: 12/3/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, (559) 713-4460; [email protected] <mailto:[email protected]>; Melody Murch, Assistant Finance Director, (559) 713-4379; [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, (559) 713-4375; [email protected] <mailto:[email protected]> Department Recommendation:

1. Direct staff to prepare a draft 5-year PLHA plan based on Council recommendations tonight.

2. Direct staff to publish the draft 5-year plan for public input and bring back for a public hearing and possible changes before adoption (resolution required).

3. Direct staff to prepare a FY 2024/25 PLHA amendment to include 40% to an Affordable Owner -Occupied Workforce Housing (AOWH) activity.

Background Discussion:

The Permanent Local Housing Allocation Plan (PLHA) was created by State housing legislation that passed in 2017 to address the shortage of affordable housing in California. In 2017, Governor Brown signed a 15-bill housing package <https://www.hcd.ca.gov/policy-and-research/plans-and-reports> aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act <https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml? bill_id=201720180SB2>(SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (HCD) to use 70% of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program.

Eligible applicants for the entitlement PLHA formula component are metropolitan cities and urban counties allocated a grant pursuant to the federal CDBG formula that are housing element compliant.

Thus, the City of Visalia is an eligible applicant. Annually, the City has to apply for PLHA funds from HCD. Total PLHA funds are estimated at approximately $2.1 million over the next 5 years as shown below in Table 1: FY 2025/26 - FY 2029/30 PLHA Estimated Funding. However, this is based on projected real estate transactions and this number will most likely change. Any unrequested PLHA File #: 24-0513, Version: 1
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funds will revert to HCD’S Multifamily Housing Program (MHP).

Eligible PLHA Activities: Eligible PLHA activities are listed below. A complete detailed list of eligible PLHA activities is found on Attachment “A” PLHA Guidelines. 1) The development, acquisition, rehabilitation, and preservation of affordable rental housing. 2) The development, acquisition, rehabilitation, and preservation of ownership housing, including Accessory dwelling units (ADUs) for workforce households earning up to 120 percent of AMI. 3) Matching funds placed into Local or Regional Housing Trust Fund. 4) Matching funds available through the Low- and Moderate-Income Housing Asset Fund. 5) Capitalized reserves for services connected to the preservation and creation of new permanent supportive housing.
6) Assisting persons who are experiencing or at risk of homelessness, via rapid rehousing, rental assistance, case management, operating and capital costs for navigation centers/emergency shelters, and new construction, rehabilitation, and preservation of permanent/transitional housing.
7) ADA modifications in lower-income owner-occupied housing. 8) Acquisition and rehabilitation of foreclosed or vacant homes and apartments. 9) Homeownership assistance.

PLHA Funding Requirement - Affordable Owner-Occupied Workforce Housing (AOWH):

Pursuant to Health and Safety Code Section 50470(b)(2)(A), twenty percent (20%) of the moneys collected and deposited in the Building Homes and Jobs Trust Fund shall be expended for Affordable Owner-Occupied Workforce Housing (AOWH). HCD monitors compliance with this requirement both based on allocations adopted in required 5-year plans and any amendments to that plan as well as actual expenditures. Based on these indicators, HCD has determined that at the end of the current 5- year period funds projected to be expended on AOWH are trailing behind the required 20%.

Therefore, HCD is requiring all jurisdictions that have not had an AOWH activity to include a minimum of 40% to an eligible AOWH activity beginning in FY 2024/25 and in the next 5-year PLHA plan. The City of Visalia has not had an AOWH PLHA funded activity which means the City will have to meet the 40% requirement starting in this fiscal year.

Eligible AOHW Activities:

The following PHLA activities directly related to ownership housing for household up to 120% of the area median income (AMI), which for a family of four is $105,500. · The development, acquisition, rehabilitation, and preservation of ownership housing. · Matching portions of funds placed into a Housing Trust Fund. · Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund.
· ADA modifications in lower-income owner-occupied housing.

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· Acquisition and rehabilitation of foreclosed or vacant homes and apartments. · Homeownership assistance.

PLHA Community Needs Assessment:

The City conducted an online PLHA survey from October 17, 2024, through November 4, 2024, in English and Spanish. 91 individuals completed the PLHA 5-year survey. 75% of individuals lived in the City of Visalia and 30% worked or owned a business in the City of Visalia. 62% of those survey stated the target population in Visalia most in need of housing resources are those experiencing homelessness and at-risk of homelessness. Those survey felt the most needed housing options are Affordable Rental Housing, Rental Assistance, Emergency Shelter, Permanent Supportive Housing, Transitional Housing, and Homeownership Assistance. The full PLHA survey results are included in Attachment D: FY 25/26 - FY 29/30 PLHA Survey Results.

City Staff Recommendation for PLHA Funding:

PLHA allows up to 5% for administration and is requiring a minimum of 40% to a AOWH homeownership activity allowing the remaining 55% for other PLHA activities. Staff is recommending utilizing remaining PLHA funding to assist persons experiencing homelessness or at-risk of homelessness. Based on the Community Needs Assessment staff is proposing to include development and operation of an extended overnight Emergency Shelter, Warming Center operational, the Visalia Navigation Center operational, and Eden House operational funding as shown below in Table 2: FY 2025/26 - FY 2029/30 PLHA Proposed Activities. The table below is based on the FY 2024/25 PLHA allocation. Annual PLHA funding is expected to fluctuate each year; therefore, HCD encourages establishing activity percentages that will be increased or decreased annually based actual annual allocations according to the approved 5-year PLHA plan percentages.

Any unspent annual Warming Center funds will be directed to the development and/or operation of an overnight Emergency Shelter. Staff will continue to research if an extended overnight emergency shelter is financially feasible through leveraging other potential funding including additional federal, state, and local funding sources.

PLHA Amendments: Any amendment exceeding 10% of the funds allocated in the plan triggers an amendment to the 5-Year plan and will require approval by City Council and a public hearing. Under PLHA rules, funds must be committed by resolution before subsequent year funding can be requested.

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Recommended FY 2024/25 PLHA Amendment:

As mentioned above, HCD is requiring all jurisdictions that have not had an AOWH activity to include a minimum of 40% to an eligible AOWH activity beginning in FY 2024/25. This change is requiring an amendment to the City’s FY 2024/25 PLHA Plan. FY 2024/25 PLHA plans submitted without a 40% AOWH activity will be rejected by HCD and will result in the loss of the FY 2024/25 PLHA allocation.

This loss would impact approved PLHA activities which include the Visalia Navigation Center, Eden House, and the Warming Center.

In addition, on October 15, 2024, HCD released the FY 2024/25 PLHA allocations (Attachment B: FY 2024/25 PLHA Allocation), which is $414,499 for the City of Visalia. The allocation is $216,316 less than expected which was based on the first-year (FY 2020/21) PLHA allocation. Due to the reduction in the PLHA allocation and to satisfy the 40% AOWH homeownership activity, staff proposes reducing each approved PLHA activity evenly based off their original percentage as shown below in Table 3:

FY 2024/25 PLHA Proposed Amendment.

Next Steps: Staff will use the priorities and direction provided by Council tonight to draft the proposed 5-year PLHA Plan, and FY 2024/25 PLHA Amendment which will be brought to Council for review, public hearing/comment, and adoption. The 5-year PLHA plan is due to HCD by July 2025.

The FY 2024/25 PLHA Amendment is due to HCD by February 28, 2025. Staff would like to submit both documents early to allow ample time to answer HCD questions and resubmit if needed.

Fiscal Impact:

Action today will authorize staff to prepare a draft 5-year plan for the use of estimated $2.1 million in PLHA program funding over the next 5-years. The 5-year PLHA plan will control the use of PLHA program funding for the 5-year period of FY 2025/26 - FY 2029/30. After approval, the 5-year PLHA plan may only be changed through an Amendment submitted to HCD. In additional action today will authorize staff to prepare the FY 2024/25 PLHA Amendment to include 40% to an AOWH homeownership activity.

Prior Council Action: July 20, 2020 - Council adoption of the current 5-year FY 2020/2021 - FY 2024/2025 Permanent Local Housing Allocation (PLHA) Plan.

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File #: 24-0513, Version: 1
Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

Council moves to approve:

1. Staff to prepare a draft 5-year PLHA plan based on Council recommendations tonight.

2. Staff to publish the draft 5-year plan for public input and bring back for a public hearing.

3. Staff to prepare a FY 2024/25 PLHA amendment to include 40% to an Affordable OwnerOccupied Workforce Housing activity.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: ● Attachment A - PLHA Guidelines; ● Attachment B - FY 2024/25 PLHA NOFA; ● Attachment C - AOWH Activities; ● Attachment D - FY 25/26 - FY 29/30 PLHA Survey Results; ● Attachment E - Proposed CDBG, HOME, & PLHA 5-Year Funding ● Attachment F - FY 2025/26 - FY 2029/30 PowerPoint
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FY 2024/25 Permanent Local
Housing Allocation (PLHA) Plan
City Council - December 16, 2023
725
Permanent Local Housing Allocation (PLHA)
• Created to address the state’s housing shortage, which established a $75 recording fee on real estate documents to increase the supply of affordable housing.
• Revenue is dependent on local real estate transaction with fluctuating activity. Thus, funding varies each year.
726
5-Year PLHA Funding
PLHA FY 2020/21 - 2024/25 Funding
Funding
FY 20/21
(2019
Allocation)
FY 21/22
(2020
Allocation)
FY 22/23
(2021 Allocation)
FY 23/24
(2022
Allocation)
FY 24/25
(2023
Allocation)
Total
PLHA $630,815 $980,482 $1,078,990 $540,793 $414,999 $3,645,579 727
Approved FY 24/25 PLHA Activities
Activity %
Administration 5%
Navigation Center Operational 65%
Warming Center 15%
Eden House 15%
Total 100%
728
FY 24/25 PLHA Amendment
• On 10/16/24, HCD required all jurisdictions to prepare a FY 24/25 Amendment to allocate 40% to an Affordable Owner-Occupied Workforce Housing (AOWH) homeownership activity.
• On 12/6/24, HCD notified the City that an amendment to the FY 24/25 plan is now only required for:
• First-time applicants
• Returning applicants who want or need to amend their FY 24/25 PLHA plan.

This means Visalia no longer needs to amend the FY 24/25 PLHA plan unless Council chooses. The 40% AOWH
requirement will be part of the new 5 yr plan (25/26 – 29/30) 729
FY 24/25 PLHA Options
Activity
Current
Budget %
Optional
Amendment
Reduction
Amended
Budget %
Administration $ 20,725 5% $ (8,290) $ 12,435 3%
AOWH Homeownership Activity - 0% 165,800 165,800 40%
Navigation Center 269,425 65% (107,771) 161,654 39%
Warming Center 62,175 15% (24,870) 37,305 9%
Eden House 62,175 15% (24,870) 37,305 9%
Total FY 2024/25 PLHA Funds $ 414,499 100% $ - $ 414,499 100% 730
Public Comment Period
• Reviewed on December 3, 2024 - Council Work Session.
• 10-day public comment: December 6, 2024 – December 16, 2024 • Draft PLHA Amendment was on the City’s website for public review. • Public notice English and Spanish posted in the Visalia Times Delta. • Public hearing to allow public input tonight.
731
Staff Recommends
• Conduct a Public Hearing.
• Proceed with the approved FY 2024/25 PLHA
Plan as approved by Council on July 20, 2020.
732
Affordable Owner-Occupied Workforce
Housing (AOWH)
• AOWH Activities:
• Predevelopment, development, acquisition, or rehab of affordable ownership housing and/or down payment assistance.
• Household Income Limit:
• 120% AMI or lower
• Family of four $105,500
733
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0535 Agenda Date: 12/16/2024 Agenda #: 6.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-12 approving Zoning Text Amendment No. 2024-04, a request to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559)713-4003 Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Although it is standard practice to recommend the City Council conduct the second reading and adopt Ordinance No. 2024-12, for Zoning Text Amendment No. 2024-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals, staff concludes there are further revisions to this ordinance that should be considered by the City Council at a future meeting that will help eliminate redundances in City processing requirements and the annual renewal fee for STR applications, and therefore staff recommends the second reading be referred back to staff.

Background Discussion:

On November 18, 2024, the City Council held a public hearing to consider Zoning Text Amendment No. 2024-12. The ZTA is a city-initiated amendment proposing to amend the Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply and to include fines for non-compliance, citywide.

There was no public comment at the meeting and the City Council voted (3-2) to conduct the First Reading of Ordinance No. 2024-12 for Zoning Text Amendment No. 2024-04.

The Second reading of the Ordinance is the final action the City Council takes in order for Zoning Text Amendment No. 2024-04 to take effect. Following the second reading the Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.

Fiscal Impact: None.

Prior Council Action:
· May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.
· October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Visalia City Council Page 1 of 3 Printed on 12/13/2024 powered by Legistar™734
File #: 24-0535 Agenda Date: 12/16/2024 Agenda #: 6.
· October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2023-01 (Ordinance No. 2023-11), proposing to provide the framework for staff to implement a registration and permitting process for all short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones) within the city. · November 6, 2023: The City Council, on a 4-1 vote, approved the second reading of Ordinance No. 2023-11 was held and served as the final action the City Council took in order for Zoning Text Amendment No. 2023-01 to take effect 30 days following adoption of the second reading.
· February 20, 2024: Staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.
· September 3, 2024: Staff presented an update on the outreach and permit implementation thus far, and presented additional measures by which staff could get STR operators into compliance as Council had directed six-months prior. At the conclusion of the meeting, Council had approved the recommendation of staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, as well as approve staff to solicit software services that may help in capturing STRs that have not applied for the appropriate City permits and licenses.
· November 18, 2024: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2024-04 (Ordinance No. 2024-12), proposing the addition of language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.

Other:
· On November 12, 2024: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2024-04, to the City Council. · On September 25, 2023, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council. · On August 28, 2023, the Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’s previous presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives.

Alternatives:

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

1. Refer all parts of the ordinance back to the Planning Commission for further review; or

2. Direct staff to not process any amendments to Visalia Municipal Code Section 17.32; or

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to refer all parts of the ordinance back to the staff for further review, and direct staff to return Visalia City Council Page 2 of 3 Printed on 12/13/2024
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File #: 24-0535 Agenda Date: 12/16/2024 Agenda #: 6.

I move to refer all parts of the ordinance back to the staff for further review, and direct staff to return the ordinance for the appropriate processing at a future City Council meeting.

Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).

CEQA Review: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.

Attachments:

1. Attachment 1 - Ordinance No. 2024-12
Visalia City Council Page 3 of 3 Printed on 12/13/2024
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ORDINANCE NO. 2024-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-04,
A REQUEST BY THE CITY OF VISALIA TO AMEND CHAPTER TITLE 17 (ZONING) CHAPTER 17.32 SPECIAL PROVISIONS TO REGUALTE SHORT-TERM RENTALS

IN SINGLE-FAMILY RESIDENTIAL ZONES, CITYWIDE
WHEREAS, Zoning Text Amendment No. 2024-04 is a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide. The specific amendments apply City-wide and are specified in Attachment “A” of this Ordinance; and WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 2024; and, WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and,
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on November 18, 2024, and introduced said Ordinance for first reading on that date.

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

BE IT FURTHER RESOLVED that the City Council of the City of Visalia finds as follows:

1. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed zoning amendment is crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards.

2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.
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3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment 2024-04, is approved, as contained in Attachment “A” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 738
Ordinance No. 2024-12

ATTACHMENT A
Zoning Text Amendment No. 2024-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.

1. TITLE 17 Zoning
Chapter 17.32 Special Provisions
Section 17.32.166 Short-term rental permits.

A. Short-term rental permits may be processed as an administrative matter by the city planner and no hearing shall be required.

B. In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short-term rentals are subject to the following operational standards in all R-1 and R-M zones citywide:

1. Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this chapter:
a. “Local contact person” shall mean a person designated by an owner or the owner’s agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection “4” of this section. A local contact person may be the owner or the owner’s agent.
b. “Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. c. “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
d. “Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling.
e. “Short-term rental” shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and timeshare projects shall not be considered to be a short-term rental.

2. The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, regardless of whether such noncompliance was committed by the owner’s agent, a local contact person or the occupants of the owner’s short-term rental unit.

3. The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, and pay all applicable fees. 739

4. While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13 of Title 1.

5. Short-term rentals shall be used only for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 7 of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.

6. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued permit number as part of the rental offering. No person shall advertise the use of a dwelling as a shortterm rental unless the City has approved a permit for short-term rental pursuant to this chapter.

7. The owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants to two (2) per bedroom plus one (1):

Number of
Bedrooms
Total
Occupants
Studio – 1 3
2 5
3 7
4 9
5 11
6 13

8. Only the habitable interior portions of a primary dwelling shall be utilized as a short-term rental. Garages, tents, camper trailers, recreational vehicles, accessory dwelling units (ADUs), or other exterior structures or spaces are not permissible as short-term rentals or as bedrooms within short term rental units.

9. In any advertising concerning the availability of a dwelling as a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.
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10.No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.

11.All vehicles of occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available offstreet parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term “sidewalk” shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

12.If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of this code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation.

Failure of the owner or the local contact person to affirmatively respond to the officer’s request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.

13.Notwithstanding Visalia Municipal Code Section 9.32.040, no musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.

14.Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 6:00 a.m., such as the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 6:00 a.m. are considered to be “quiet time,” where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

15.It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Title 8 Health and Safety.
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16.The owner and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

17.Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Chapter 8.28, which provides for containers to be placed at the curb on the day of pickup and removed by 7:00 p.m. on the day of collection. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on site and in the adjacent portion of the street.

18.The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this section.

19.All short-term rentals shall be subject to the City’s transient occupancy tax, as required by Title 3 Revenue and Finance, Chapter 3.28 Transient Occupancy Tax. The owner shall also maintain, at all times, a valid City of Visalia business license.

20.Short-term rentals shall not exceed one unit per parcel in any residentially zoned district.

C. A short-term rental permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked if three or more violations occur within a one-year period or the required transient occupancy tax payments are not made to the City as required under Chapter 3.28.

D. In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed in writing with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter 17.28. The planning commission shall review and either uphold or deny the city planner decision.

The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145.

E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 742

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

F. Annual renewal:

1. A Renewal Short-Term Rental Permit application accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Community Preservation Department annually prior to expiration of the Short-Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued ShortTerm Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2025, the renewal Short-Term Rental Permit issuance date shall be January 1, 2026.

3. If a Renewal Short-Term Rental Permit application is not received prior to the expiration of an issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities at the property must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit shall apply.
743
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0550 Agenda Date: 12/16/2024 Agenda #: 1.

Agenda Item Wording:

For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Lindsey DeGroot and James DeGroot, wife and husband as joint tenants APN: 007-640-001 (portion)
Purpose: Shirk Widening Project - CP0369
Price: $86,600.00
Closing Date: 12/9/2024
Regular Session Council Date - Public Hearing: 9/20/2021 Project Manager: Diego Corvera
Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0367 Agenda Date: 12/16/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, January 6, 2025 @ 7:00 p.m. at 707 W. Acquia
Saturday, January 11, 2025 @ 8:30 a.m. at Visalia Convention Center - 303 E. Acequia Tuesday, January 21, 2025 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.

Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Visalia City CouncilDecember 16, 2024

Visalia City Council
December 16, 2024