Agenda packet — Visalia City Council, January 21, 2025 (part 2 of 2)

Suggested definition: Professional office means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field. Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.

Suggested: Replace group counseling with a new item Professional office with social services to mean a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

OFFICES
O7 Counseling/
psychologist-
individuals

C C P P P P
O78 Counseling/
psychologist - groups
Professional office with
social services

C C P C P C
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USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

OFFICES
O7 Counseling/
psychologist-
individuals

C C P P P P
O78 Counseling/
psychologist - groups
Professional office with
social services

C C P C P C

4. Schools - Training
Staff has seen various types of uses that have an ancillary use of a training space that may not fall within the scope of a school or training facility. An example is a facility that provides workforce skills training looking to be employed by local employers, or already employed by local employers, but does not provide a degree or certificate. Planning Division processed three CUPs for Specialized Schools (one in the C-S and two in the I zone). Staff recommends replacing one line item for Vocational School with two-line items as follows:

Suggested definition: Vocational or Other Specialized School -- Non-Industrial Trades, means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

Suggested definition: Vocational or Other Specialized School -- Industrial Trades, means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding.

The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) S6 Vocational, Charter or
other Specialized Schools
- Non-industrial trades

C C C C C P P C P
S7 Vocational or other
Specialized Schools -
Industrial Trades

C P C C C P P P
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5. Other recreational uses
Given changes in the retail sector due to consumer shifts towards online purchases, entertainment uses are becoming more important for foot traffic generation and reuse of retail facilities. At the same time, there may be a need to add additional recreational facility line items given an overall dependence on the ‘Other Recreational Uses’ line item (R18).

Suggested: Indoor Amusement Facilities means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.

Suggested: Escape Room means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.

Video Arcades (17.32.120) - Additionally, staff has edited Section 17.32.120 regarding Video Arcades given many businesses operate 5 or more video arcade machines and due to an apparent outdated view of the potential public nuisance video arcades present.

Proposed updates to 17.32.120 -- Staff recommends the proposed revisions to this section as follows:

It is the purpose of this section to set forth development and operational standards for arcades. Such standards are adopted to protect the public welfare from potential problems associated with the operation of video machine arcades.

A. Definitions. For the purpose of this section the following definitions shall apply:
"Video arcade" means a commercial establishment that contains five or more "video machines.” and its primary business is generated from sales occurring through use of the “video machines.” Businesses that operate “video machines” as an ancillary use are not considered “video arcades.”
"Video machine" means any machine, device or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest, which is operated through the use of electronic means with images and sounds transmitted through a cathode ray tube.

B. Permits Required.

1. Video arcades may be approved as a conditional permitted use in the C-N, C-R, C-MU and D-MU zones pursuant to Chapter 17.38 of the Visalia zoning regulations.

2. Video machines, up to four in number, may be approved by the planning department pursuant to Section 17.38.070 (temporary uses) of the zoning regulations. Such permits shall be subject to the operational criteria set forth in subsection (C) of this section.

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B. C Operational Criteria.

1. Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools, grades kindergarten through twelfth grade.

2. Hours of Operation. Normal hours of operation shall be between the hours of 10:00 a.m. and 11:00 p.m. unless alternate hours are approved by the city council as part of a conditional use permit. Machines located in businesses may be operated during normal business hours if approved by the planning department(four or fewer machines) or city council (arcades). In any case, school aged children shall be prohibited from operating video machines while school is in session.

3. Security/Supervision. The use shall be under the supervision of an adult during all hours of operation. Additional supervision or security may be required as deemed necessary by the city council under the terms of the conditional use permit. The work station of the adult attendant shall be such that the entry and immediate outside area is visible. Supervision responsibility shall extend to the public and/or parking areas in the vicinity of the arcade.

4. Alcoholic Beverages. No alcoholic beverages shall be allowed to be bought or consumed on the premises, including the public and/or private areas in the vicinity. This shall not apply to businesses that are licensed and approved for alcoholic beverage sale and use, such as a bona-fide restaurant.

5. Noise. No noise or sound generated by an arcade shall be audible outside of the arcade building.

6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.

C. D Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with these operational standardsthe conditions of the use permit under which the arcade is operating.

Violations of the conditional use permit or the provisions of this section shall be subject to enforcement under the provisions of Chapter 17.46 of the zoning regulations. Continuing violations may lead to revocation of the conditional use permit for an arcade, as set forth under Section 17.38.040 of the zoning regulations. (Ord. 2017-01 (part), 2017: prior code § 7488)

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

RECREATION FACILITIES
R3 Athletic and Health
Clubs (gymnasiums,
fitness centers, racquet
clubs)

C P C P C P C C C
R7 Bowling Alleys C P C P C
R143 Ice & Roller Skating
Rinks

C P C P
R174 Pool Halls/Billiard
Parlors

C P C P C P C
R196 Video Arcade
Machines/Coin-
Operated games - 5 or
more machines

C P C P C P C P
R10 Escape Rooms P P P P C
R15 Indoor playgrounds and trampoline parksP P P C
R16 Indoor Amusement FacilitiesP C C
R2018 Other Recreational FacilitiesC C C C C C C
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USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

RECREATION FACILITIES
R3 Athletic and Health
Clubs (gymnasiums,
fitness centers, racquet
clubs)

C P C P C P C C C
R7 Bowling Alleys C P C P C
R143 Ice & Roller Skating
Rinks

C P C P
R174 Pool Halls/Billiard
Parlors

C P C P C P C
R196 Video Arcade
Machines/Coin-
Operated games - 5 or
more machines

C P C P C P C P
R10 Escape Rooms P P P P C
R15 Indoor playgrounds and trampoline parksP P P C
R16 Indoor Amusement FacilitiesP C C
R2018 Other Recreational FacilitiesC C C C C C C
D. Removal of existing land uses already listed in the Zoning Use Table.

1. Sit-Down Restaurant/Café
The ‘sit-downrestaurant w/full bar using greater than 25% of public area’category has not been used in staff’srecollection. It should be noted that restaurants which serve alcohol must obtain a separate alcohol license which is issued by the California Department of Alcohol Beverage and Control which contains a set of operating conditions that is enforced by the state, including conditions that ensure revenue sales are primarily from food sales.

Staff therefore recommends removing references in lines E9 and E10 pertaining to “full bar using less/greater than 25% of public area” and allow for sit-down restaurants regardless of alcohol sales.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
E9 Sit-Down Restaurant/Café -
with or without full bar using
less than 25% of public area

P P P P P P P P P
E10 Sit-Down Restaurant/Café-
full bar using greater than
25% of public area

C C C C C C C C

2. Residential Alcohol/Substance Abuse Treatment Facility This land use is now synonymous with the definition with either a ‘ResidentialCare Facility’or ‘SupportiveHousing’.These uses provide social care and different levels of personal care in an effort to assist with improving their health and maximizing their ability to live and work.

Staff recommends removing this line item from the use matrix as ‘SupportiveHousing’already falls under a separate line item and requires a CUP in all zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M62 Residential
Alcohol/Substance
Abuse Treatment
Facility
C
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3. Secondhand Store/Thrift Shops
Staff believes that second hand/thrift stores can be considered synonymous to general retail that sell merchandise to the general public. Because they could be viewed no different than a general retail store, staff recommends eliminating the line items thereby allowing the use to be treated as general retail. The general retail line currently requires a CUP for any use in excess of 40,000 sq. ft.

No secondhand or thrift stores have sought approval in any zone in the last five years.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
R78 Secondhand
Store/Thrift Shops- up
to 2,000 square feet

P P P P
R79 Secondhand
Store/Thrift Shops -
greater than 2,000
square feet

P P P C
E. Create new definitions or amend existing definitions found in Chapter 17.04 and add new uses to Zoning Use Matrix line items found in Chapter 17.25.

1. Barbers, Hairstylists, Day Spas, Etc.

Recent proposals reviewed by staff reveal a wider breadth of uses that could include other nonmedical services such as eyebrow threading, and skin art. Certain uses that may be quasi- medical in fact, may not be medical in the same manner as procedures deemed necessary for improving health. Examples include Botox, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. Must differentiate other types of personal elective procedures are included for the purpose of self-care and not for medical treatment.

Suggested: Change to Personal Services: Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.

2. Manufacture / Assembly, Light & Heavy
There is some ambiguity between several existing line items regarding heavy or light manufacturing uses and some clarity would be beneficial to help industries locate in the appropriate zones.

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additional office space or research park, it may be appropriate to consider additional office use types. ‘Prototypemanufacturing’or ‘Makerspaces’could be appropriate uses for the Business Research Park given such uses are in Research and Development and the zone’sproximity to industrial zones where production would more aptly occur.

Suggested: Change to Heavy Manufacturing, means manufacturing of materials in a raw form.

Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.

The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples of assembling include but are not limited to the production of the following: computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly.

Suggested: Add Hobby/Craft Manufacturing, means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Suggested: Add Prototype/Makerspace Manufacturing, means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three-dimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M332 Heavy Equipment/ Machine
Manufacturinge/ Assembly (
welding & fabrication, i.e.,
agricultural equipment,
aircraft equipment parts &
supplies, large appliances,
auto/truck manufacturing,
industrial machinery)
C
M354 Light Manufacturing/
Assembly (i.e., computer
hardware & parts, electric
supplies- coils, wire, cable,
consumer goods, etc.)
C P P
M36 Hobby/Craft Manufacturing P P P
M37 Prototype Manufacturing,
Non-production scale,
Makerspace
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On December 09, 2024, the Planning Commission held a public hearing for ZTA No. 2024-02. The Planning Commission had several questions regarding the proposed amendments to the zoning code but were in agreement with the proposed changes as presented. No public comment was received and the Planning Commission voted 5-0, recommending the City Council adopt the proposed changes.

Fiscal Impact: None
Prior Council Action: None
Alternatives:

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

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

2. Direct staff to not process any amendments; or

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

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading, Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-

02. Environmental Assessment Status:

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

CEQA Review:

The requested action would be considered exempt under Section 15061(b)(3), Per Section 15061(b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a Visalia City Council Printed on 1/16/2025Page 19 of 20
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significant effect on the environment, the activity is not subject to CEQA.

Attachments:

1. Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02,

2. December 9, 2024, Planning Commission staff report for ZTA No. 2024-02,

3. Planning Commission Resolution 2024-70
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ORDINANCE NO. 2025-01
ORDINANCE NO. 2025-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-02,
AMENDING VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) BASED ON MULTIPLE FACTORS INCLUDING, BUT NOT LIMITED TO: STREAMLINING OF LAND

USE REVIEW, CHANGES IN BUSINESS AND/OR DEVELOPMENT TRENDS AND ACTIVITY, CITYWIDE.

WHEREAS, Zoning Text Amendment No. 2024-02 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance ) based on multiple factors including, but not limited to: streamlining of land use review, changes in business and/or development trends and activity , with the specific amendments applying City-wide; and

WHEREAS, the Planning Commission of the City of Visalia , after duly publish ed notice, held a public hearing before said Commission on December 9, 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 January 21, 2025, and introduced said Ordinance for first reading on that date.

WHEREAS, the proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

WHEREAS, that the proposed Zoning Text Amendment is not inconsistent with any other Element of the General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs the project is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines section 15061 (b) (3), which states that the project is exempted from CEQA if the activity is covered by the commo nsense exemption that CEQA applies only to projects that have the poten tial for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Visalia finds that the Zoning Text Amendment is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welf are, or materially injurious to properties or improvements.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
453
ORDINANCE NO. 2025-01

That Zoning Text Amendment (ZTA) No. 2024 -02, is approved, as contained in Exhibit A of this Ordinance , in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.

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ORDINANCE NO. 2025-01
Zoning Text Amendment No. 2024-02
Ordinance No. 2025-01
EXHIBIT “A”

Section 1. The Visalia Municipal Code shall be changed as follows.

Section 2. Chapter 17.04 regarding new or modified definitions.

Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.

Section 17.04.030 Definitions.

The definitions set forth in this chapter shall apply to this title. "Affordable housing" means, under state and federal statutes, housing that costs no more than thirty (30) percent of gross household income. Housing costs include rent or mortgage payments, utilities, taxes, insurance, homeowner association fees, and other related costs.
''Agricultural employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008.5, specifically meaning housing occupied by an employee of an agricultural employer, as defined in Section 1140.4 of the Labor Code, or by a farm labor contractor, as defined in Section 1682 of the Labor Code.
"Alley" means a public way reserved as a secondary means of vehicular access to abutting property that is twenty-four (24) feet in width or less. "Alter" means to do work that does not result in enlarging a building but that will prolong the life of the structure.
“Animal Day Care Facility” means an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.

“Animal Hospital” means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non- emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.

"Auction House" means an establishment where the real or personal property of others is sold by a broker or auctioneer to persons who attend scheduled sales or events.
"Bail Bonds" means a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
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ORDINANCE NO. 2025-01
“Battery Energy Storage System” means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.

"Boarding/Rooming house" means a dwelling in which lodging and meals are provided for compensation for more than three but not more than fifteen (15) persons not including members of the principal occupant's immediate family. Nursing homes as defined in this section are specifically not included.
"Block" means the properties abutting on one side of street and lying between intersections or between an intersection and the end of a street. "Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property. “Car Sales” means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.

"Check Cashing Facility" means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, payday advances, warrants, drafts, money orders or other commercial paper serving the same purpose. "Check cashing facility" does not include a State or Federally chartered bank, savings association, credit union or industrial loan company. "Check cashing facility" does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money order for minimum flat fee as a service that is incidental to its main purpose or business. “Clinic” means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary or specialty cmedical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.

“Clothing Imprinting” means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.

“Commercial Bakery” means an establishment that is primarily engaged in manufacturing bread, bread-type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.

“Commercial Kitchen” means a facility equipped to prepare food or meals to be delivered off-site to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.
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ORDINANCE NO. 2025-01

"Communications equipment building" means building housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without personnel. This definition does not apply to wireless telecommunication facilities and ancillary structures, and associated buildings, equipment, poles, towers, and lattice structures.
"Convalescent Home." See nursing home.
“Convenience Stores” Means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section

8.46.030, shall be subject to the definition of “Tobacco Shop.” Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section 17.04.030.

"Craft distillery" means an establishment that produces distilled spirits in quantities totaling less than 100,000 gallons per year that are served on site and/or sold for off-site consumption. Service and sale of distilled spirits must be in conjunction with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of brewed beverages may be conducted with or without the service of food. Micro-distillery, boutique-style distillery, and artisan distillery are included in this definition.
"Dwelling" means a structure or portion thereof designed for or occupied for residential purposes excluding automobiles, trailers, hotels, motels, labor camps, tents, railroad cars, converted transit vehicles or any type of temporary structure. "Dwelling, multi-family" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family. "Dwelling unit" means one or more rooms with cooking facilities designed for occupancy by one family for living and sleeping purposes. "Dwelling unit, accessory" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling situated.
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008, specifically meaning any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:
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1. The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.

2. The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. “Escape Room” means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.

“Event Centers” means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.

"Family" means:

1. Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]; or

2. An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind [California].
"Farmer's market" means two or more farm-producers that sell their own agricultural products directly to the general public at a fixed location, which includes fruits and vegetables, meat, fish, poultry, dairy products, and grains. "Fast food restaurant" means an establishment that offers quick food service for consumption on or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. "Fast food restaurant with drive-through" means an establishment that offers/delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages for consumption either on or off the premises.
"Floor area, gross" means the total horizontal area in square feet of the several floors of a structure, including interior balconies, mezzanines, carports, and basements, but not including the area of the inner courts.
"Frontage, primary" means that portion of a parcel that is adjacent to the public right- of-way. For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel. 458
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"Frontage, secondary" means on a corner lot, that portion of a parcel that is adjacent to a public right-of-way that is not the primary frontage. “Galleries” mean an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.

"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles. "Garage, front-loading" means a garage or carport whose entry door/opening is facing the front lot line of the lot upon which it is located. "Garage, repair" means a structure or a part thereof where motor vehicles are repaired or painted.
"Garage, side-loading" means a garage or carport whose entry door/opening is facing a side lot line of the lot upon which it is located.
"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof. "Gasoline service" means an operation that dispenses gasoline and motor fuel in conjunction with a companion permitted use or a self-service operation. "Guest house" means living quarters within an accessory structure for use by temporary guests of the occupants of the premises having no cooking facilities and not rented or otherwise used as a separate dwelling.
“Heavy Manufacturing” means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.

“Hobby/Craft Manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

"Home occupation" means any conduct of pecuniary gain by an art or profession; the offering of a service or conduct of a business, or handicraft manufacture of products within or from a dwelling in a residential zone that is clearly incidental and secondary to the use of the structure for a dwelling purpose and that does not change the character of the residential use.
"Hotel" or "motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites, and/or meeting rooms (not to exceed three thousand five hundred (3,500) square feet in area), for the accommodation of transient occupants, provided that not more than fifty (50) percent of the guest units have kitchen facilities.
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"Hospital, general" means a facility staffed and equipped to provide various types of intensified hospital care including, but not limited to, short- term care in acute medical, surgical and obstetrical services.
"Hospital, specialized" means a hospital, sanitarium, rest, nursing, or convalescent hospital care including, but not limited to, short-term care in acute psychiatric, drug addiction, or alcoholism cases or other specific illnesses. "Household hazardous waste collection center" means city and county operated household hazardous waste collection center, a facility operated by the city and county for the collection, sorting, packing, storage and shipment of small quantities (less than five gallons or fifty (50) pounds per delivery) of hazardous wastes generated in the home. Such a facility would be operated with a state approved operating plan and would require approval of the city fire marshal. The facility would serve to implement the household hazardous waste recommendations of the approved Tulare County hazardous waste management plan. Such a facility would occupy an area of not more than five hundred (500) square feet, and would not use power driven processing equipment. The facility must be located over five hundred (500) feet from existing residential uses. Waste materials collected would include, but not be limited to:
pesticides, cleaners and polishes, oil-based paints, hobby supplies and other household items considered hazardous as a result of flammability, corrosiveness, toxicity or reactivity. Items such as used motor oil and lead-acid batteries would be collected for recycling.
"Household pets" means animals or birds ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, pigeons (except as provided in Section 17.32), game birds, fowl that normally constitute an agricultural use, poisonous reptiles, and bees. Rodents and rabbits shall not exceed four per property. “Indoor Amusement Facilities” means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.

"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, used lumber yards and the like; excepting a site on which such uses are conducted within a completely enclosed structure and excepting vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. “Kennel” means an establishment where dogs, cats, or other small domestic animals are boarded, trained, or bred.

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“Light Manufacturing” means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area.

Examples of assembling include but are not limited to the production of the following:
computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly.

"Liquor store" means a retail establishment designed and operated for the primary purpose of selling alcohol. Food stores and convenience markets for which sales of food comprise the majority of gross sales, but also sell alcohol, shall not be considered as a "liquor store."
"Live Entertainment" means the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (I) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy;(iii) dance;(iv) magic act;(v) disc jockey; or (vi) similar activity. "Lodge" or "club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render service carried on as a business.
"Lot, corner" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees. "Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear. "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
"Lot line, front" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street. "Lot line, rear" means the line opposite the front lot line. "Lot line, side" means any lot line other than a front or rear lot line that intersects a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. "Low barrier navigation center" shall have the same meaning as that term is defined in California Government Code Section 65660, specifically a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and 461
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housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following.

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Market-rate housing" means housing that is available on the open market without any subsidy. The price for housing is determined by the market forces of supply and demand and varies by location.
"Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.
"Material" means any item that serves as crude or raw matter to be used or developed in conjunction with business or use.
“Media Studio” means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.

"Medical Officebuildings" means a medical facility that operates as an appointment- based medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment may be provided by one or more of the following: physician, dentist, optometrist, physical therapist, chiropractor, psychiatrist, psychologist, or similar health care professionalclinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.

"Mobile home" means a structure exceeding eight feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom, and living facilities, designed for use as a single-family dwelling unit when connected to appropriate utility lines, and has no foundation other than wheels or temporary stabilizing units.
"Mobile home park" means any parcel, or contiguous parcels of land under single ownership designed or intended to be used to accommodate mobile homes on permanent or semi-permanent bases regardless of whether or not a charge is made for such accommodations.
"Mobile home site" means any portion of a mobile home park designated for the occupancy of one mobile home and approved on-site structures in connection with such occupancy.
"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials. A 462
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mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. “Museum” means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.

"Nursery school" means the use of a site or portion of a site for organized programs devoted to the education or day care of ten or more pre-elementary school age children other than those resident on the site.
"Nursing home" means a structure operating as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
"Office" means a room or building where a particular kind of business or service for others is transacted but not including infrequent or occasional services rendered from a home.
"Office, main" means the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted.
"Office, temporary" means the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.
"Patient" means any person who is under medical observation, care or treatment and shall include the following:
"Patient, ambulatory" means a person who is capable of demonstrating the physical ability and mental competence to leave the facility without the assistance of any person in case of an emergency.
"Patient, chronic or long-term" means a person with a prolonged illness, injury or disease including mental illness or mental or behavior disorder or other competent or incompetent person requiring an extended period of medical care and treatment. "Patient, mentally retarded" means a person with a mental impairment who requires nursing care, protective supervision, training, or other services. "Patient, short-term" means a person who is under medical observation, care or treatment of a short period of time and generally considered to be ambulatory. “Personal Services” Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also 463
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include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.

"Planned neighborhood commercial center" means a facility to provide for convenience shopping in the residential neighborhoods planned and controlled to the extent that any such areas will provide the vital services to the neighborhood in which it is located.
"Porte Cochere" means a roofed structure extending from the entrance of a building over an adjacent driveway to shelter those entering or exiting a vehicle, or a passageway through a structure designed to let vehicles pass from the street to an interior courtyard.
“Professional Office” means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field.

Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.

“Professional Office with Social Services” means a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.

“Prototype Manufacturing or Makerspace” means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three-dimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.

"Public utility service yard" means an area for the storage of public utility vehicles and material and office facilities for installation, maintenance and construction personnel. "Quasi-public use" means any use that is listed as a conditional use within the R-1 zone.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of a main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
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"Recreational Vehicle." See travel trailer.
"Raw materials manufacture" means asphalt paving & roofing materials manufacture; concrete, gypsum & plaster products manufacture; cotton processing/cotton gins; glass manufacturers (crushing, melting, pressing, blowing, shaping); graphite refractories; tile & brick manufacturers; metal reduction, smelting, refining (steel mills, blast furnaces); mineral product manufacture (crushing, grinding, pulverizing); paper mills; plastic & rubber compounds; sawmills & planing mills; and similar raw materials manufacturing uses.
"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.

Recycling facilities may include the following:

1. Collection Facility. A collection facility means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated in "Recycling Facilities Criteria and Standards," as adopted or modified by resolution of the council of the city of Visalia. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities that occupy an area of not more than five hundred (500) square feet, and are limited to handling only California CRV redeemable beverage containers, and may include:

1. A mobile unit,

2. Bulk reverse vending machines occupying more than fifty (50) square feet,

3. Kiosk type units that may include permanent structures,

4. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that may occupy an area of more than five hundred (500) square feet and may include permanent structures.

2. Processing Facility. A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
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a. A light processing facility occupies an area under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers;
b. A heavy processing facility means any processing facility other than a light processing facility.
"Rest Home." See nursing home.
"Residential boarding facility" means a building or group of buildings containing individual rooms for the accommodation of residents and having a common kitchen facility.
“Residential Unit Reoccupation” means a single-family dwelling, situated in a non- residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.

"Reverse vending machine(s)" means an automated mechanical device that accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. "Senior citizen residential development" means a residential development developed, substantially rehabilitated, or substantially renovated, for persons fifty-five (55) years of age or older, wherein all of the occupied dwelling units are occupied by at least one person who is fifty-five (55) years of age or older. This definition does not include nursing homes or other types of housing communities where nursing, dietary, or other personal services are provided.
"Sensitive Receptor" means a location, place or facility that contains people that have an increased sensitivity to air pollution or other environmental contaminants. Sensitive receptor locations may include, but are not limited to, schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). "Service station" means a place that supplies gasoline, diesel or other motor fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and replacement ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.
"Shopping center" means two or more attached uses that are located on same property and jointly use ancillary facilities.
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"Shopping center, major" means two or more uses located upon a site of ten acres or more with the major tenant occupying thirty thousand (30,000) square feet or more. "Sign." See Chapter 17.48.
"Single room occupancy" means a living unit that has a gross floor area of between 120 and 220 sq. ft., typically that is furnished, with or without individual bathroom or kitchen facilities, that is intended for long term occupancy by their tenant or tenants. "Sit down restaurant/café" means an establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state. Customers are normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed.
"Site" means a usable parcel of land.
"Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the horizontal distance between the front and rear lot lines of a site measured along a line midway between the side property lines. "Site width" means the horizontal distances between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
"Smoke Shop/Tobacco Store" means any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
"Stable" means an accessory structure including but not limited to corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and that are not kept for remuneration, hire, or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or displayed preliminary to slaughtering, shipping or resale. "Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, that affords the principal means of access to abutting land. "Structure" means anything constructed or erected that requires location on the ground, including a building but not including a fence or a wall used as a fence that is seventy-two (72) inches in height or lower, or poles and appurtenances thereto used for the provision of public utilities as specifically excepted from the provision of this title pursuant to Section 17.02.040.
"Structure, accessory" means a detached subordinate structure located on the same site with the main structure or the main use of the land; attached structures open on three sides or more.
"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (as the term "target population" defined in Government Code Section 65582(i)), and that is linked to onsite or offsite service that assists the 467
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supportive housing resident 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. "Transient occupancy" means occupancy, or entitlement to occupancy, by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
"Travel trailer" means any vehicle that at no time exceeds eight feet in width at its widest point and is less than forty (40) feet in length at its longest point, and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, that is intended for permanent or semi-permanent use and that has no foundation other than wheels and temporary stabilizing units.
“Tutoring Center” Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non- physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged on for which either a site or structure is or may be occupied or maintained.
"Vehicle wrecking yard" means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles that have not been capable of operating under their own power for thirty (30) days or more, or in the case of vehicles not self-propelled, that have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a vehicle wrecking yard. “Vocational or other Specialized Schools – Non-industrial Trades” means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

“Vocational or other Specialized Schools – Industrial Trades” means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not 468
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offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

"Yard, front" means an area back from and parallel to the front property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, rear" means an area back from and parallel to the rear property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, side" means an area back from and parallel to the side property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
(Ord. 2022-04 (part), 2022; Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017: Ord. 2015-01 § 1, 2015: Ord. 2012-10, 2012: Ord. 2012-02, 2012: Ord. 2004-20 (part), 2004:

Ord. 2000-01 §§ 2, 3, 2000: prior code § 7220)

Section 3. Chapter 17.24 regarding uses in Business Research Park Zone.

Section 17.24.010 Purpose.

B. The purpose and intent of t he planned business research park zone district is to provide for business, scientific, educational, medical offices, and light industrial uses in a campus -type setting. Planned business research parks are to be planned and developed as integrated units vi a specific or master plans and are intended to accommodate large -scale office developments at locations that provide close -in employment opportunities; promote Visalia's community iden tity through special site development standards such as lot sizes, setba cks, landscaping, building scale, parking, open areas, etc.; and provide on -site ancillary uses including day care, food service, banks, recreation, etc., served by a variety of transportation modes to reduce vehicle trips.

Section 4. Chapter 17.25 regarding new, modified, or deleted Zone Use Table line items.

In this section, changes are specified by underline for additions and strikeout for deletions.

Section 17.25.030 Commercial, Office, and Industrial Zone Use Table.

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Section 5. Chapter 17.32 regarding new or modified Special Provisions.

Section 17.32.168 Automated Car Washes
A. The queue lane shall not be visible from the public right -of-way. This shall be achieved by designing the site in a manner such that the queue lane is not located parallel with public street frontages, or by incorporating screening along a queue l ane to a minimum height of three feet utilizing a combination of berms, hedges, and/or landscape materials, or solid walls if necessary.

B. The queue lane for entering the car wash structure shall not be located within 25 feet of a residential -zoned property or a parcel containing an existing residence or a sensitive receptor.

Compliance of the noise levels , subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation.

D. For car washes requiring a noise analysis, h ours of operation beyond 7:00 p.m. shall only be permissible if supported by a noise analysis that confirms the car wash will not be inconsistent with the City of Visalia’s Noise Ordinance (Chapter 8.36).

E. A traffic study w hich analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Engineer.

F. Adequate means of eliminating grease and oils from drainage systems shall be provided, such as through the installation of a sand-oil separator. 504
ORDINANCE NO. 2025-01

17.32.120 Video machine arcades.

A. Definitions. For the purpose of this section the following definitions shall apply:
"Video arcade" means a commercial establishment that contains five or more "video machines.” and its primary business is generated from sales occurring through use of the “video machines.” Businesses that operate “video machines” as an ancillary use are not considered “video arcades.”
"Video machine" means any machine, device or ap paratus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest, which is operated through the use of electronic means with images and sounds transmitted through a cathode ray tube.

B. Permits Required.

1. Video arcades may be approved as a conditional permitted use in the C -N, C-R, C-MU and D-MU zones pursuant to Chapter 17.38 of the Visalia zoning regulations.

2. Video machines, up to four in number, may be approved by the planning department pursuant to Section 17.38.070 (temporary uses) of the zoning regulations.

Such permits shall be subject to the operational criteria set forth in subsection (C) of this section.

CB. Operational Criteria.

1. Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools, grades kindergarten through twelfth grade.

2. Hours of Operation. Normal hours of operation sha ll be between the hours of ten10:00 a.m. and eleven11:00 p.m. unless alternate hours are approved by the city council as part of a conditional use permit. Machines located in businesses may be operated during normal business hours if approved by the planni ng department(four or fewer machines) or city council (arcades) . In any case, school aged children shall be prohibited from operating video machines while school is in session.

3. Security/Supervision. The use shall be under the supervision of an adul t during all hours of operation. Additional supervision or security may be required as deemed necessary by the city council under the terms of the conditional use permit . The work station of the adult attendant shall be such that the entry and immediate ou tside area is visible. Supervision responsibility shall extend to the public and/or parking areas in the vicinity of the arcade.

4. Alcoholic Beverages. No alcoholic beverages sha ll be allowed to be bought or consumed on the premises, including the pu blic and/or private areas in the vicinity. This shall not apply to businesses that are licensed and approved for alcoholic beverage sale and use, such as a bona-fide restaurant.

5. Noise. No noise or sound generated by an arcade shall be audible outsi de of the arcade building.
505
ORDINANCE NO. 2025-01

6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.

DC. Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with these operational standards the conditions of the use permit under which the arcade is operating. Violations of the conditional use permit or the provisions of thi s section shall be subject to enforcement under the provisions of Chapter 17.46 of the zoning regulations. Continuing violations may lead to revocation of the conditional use permit for an arcade, as set forth under Section 17.38.040 of the zoning regulati ons. (Ord. 2017-01 (part), 2017: prior code § 7488)

Section 6. CEQA. The project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and

Section 7. Severability. If any section, subsect ion, 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, suc h invalidity or unenforceability shall not affect the validity or enforc eability 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 ad opted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, par agraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

Section 8. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Section 9. Effective Date. This Ordinance shall take effect thirty days after its adoption.

Section 10. 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.

506

REPORT TO CITY OF VISALIA PLANNING COMMISSION

HEARING DATE: December 9, 2024

PROJECT PLANNER: Brandon Smith, Principal Planner
Phone: 559-713-4636
Email: [email protected]
Devon Jones, Economic Development Manager
Phone: (559) 713-4190
E-mail: [email protected]

SUBJECT: Zoning Text Amendment No. 2024 -02: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance) based on mu ltiple factors including, but not limited to:
• Streamlining of land use review
• Changes in business and/or development trends and activity

STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2024-70, recommending that the City Council approve adoption of Zoning Text Amendment No. 2024 -02, which amends Title 17, Chapters 17.04 Definitions, 17.24 Business Research Park Zone 17.25 Uses in the Commercial, Mixed Use, Office, and Industrial Zones, and 17.32 Special Provisions.

This recommendation is based on the findings contained therein and summarized as follows:
• The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
• The Zoning Text Amendment makes various updates based on streamlining of land use review and changes in business and/or development trends and activity.

RECOMMENDED MOTION
I move to recommend that the City Council approve Zoning Text Amendment No. 2024-02 based on the findings and conditions in Resolution No. 2024-70.

REASON FOR ZONING TEXT AMENDMENTS
The text amendments discussed herein are being requested by City staff to update the Zoning Ordinance and to respond to current issues , particularly the streamlining of allowed uses in the Zoning Ordinance’s Zone Use Matrix.

It has been staff’s practice every few years to process City-initiated text amendments for reasons that generally include clean-up and adjustment. Earlier in 2024, the City analyzed and processed the first phase of a City-initiated zone text amendment, the first since the comprehensive Zoning Ordinance Amendment in 2017, when the City Council adopted the Zoning Ordinance Update in follow-up to the General Plan Update. A Zone Text Amendment (ZTA) for this first phase of amendments was formally recommended for City Council approval on May 28, 2024. City Council subsequently approved this first phase ZTA on June 15, 2024, and the ZTA has since taken effect. These amendments consisted of mainly non -substantive or ‘clean-up’ amendments that have been identified over time to ‘correct’ existing language.

The proposed amendments in this ZTA 2024 -02 were also briefly introduced at the Planning Commission work session held on March 11, 2024, described as more complex amendments 507

that staff believed warranted further Planning Commission review and consideration. The changes would better reflect actual development or industry activity, changes in development and business trends, changes in state law, or streamline the zoning text.

On September 9, 2024, staff presented these proposed amendments in a work session presentation to Planning Commission for initial review and discussion. Following the input received from Planning Commission at this work session presentation, staff has brought these detailed edits for consideration.

Below is a detailed list of the proposed amendments for Planning Commission consideration.

Where sections of Municipal Code are given, changes specified with strikeout are being deleted from Municipal Code, and changes specified with underline are being added to Municipal Code.

Additionally, edits proposed in the Zoning Use Table are also highlighted.

DESCRIPTION AND EVALUATION
A. Introduction of new land uses into the Zoning Use Table not associated with any category in the table.

1. Event Centers
There has been one new event center uses established in the City (i.e., Woodlands) in the City, as well as other proposed centers that have not established to date, and currently, a land use definition does not exist. Doing so will create clarity in identifying the use and directing the use to the appropriate zoning.

Suggested definition : means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
E10 Event Centers C C C C

2. Media Studio
This use type is viewed as consistent with many office type uses and can include one or more of the following uses: recording studio, photography studio, offices focusing on communications and marketing, podcast studio. In 2024, one Site Plan Review applicant proposed this type of use in an existing industrial facility.

Suggested definition: Means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C7 Media Studio P P P P
508

3. Battery Energy Storage System (BESS)
In 2024, one Site Plan Review applicant proposed this type of use on a vacant lot in the industrial park . Staff determined that the use would be permitted based on its demonstrated likeness to other uses in the vicinity.

Suggested definition: means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
U2 Battery Energy Storage
System
C

4. Residential unit reoccupation
This change would allow, as a permitted use, a residential dwelling unit without any commercial activity to be established in a structure that was originally constructed as a residence. This would largely be applicable to historic homes that have converted to office uses but wish to revert back to a residence. Currently, zoning allows new or expansion of residences in any non-commercial zone as a conditionally allowed use. In 2023, one CUP was processed for such use. This revision would also help in addressing State mandates on requiring local jurisdictions to streamline residential housing developments.

Suggested definition: means a single -family dwelling, situated in a non -residential zone classification and which does not contain any on -site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single -family dwelling may or may not have a business associated with a home occupation permit.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
R34 Residential Unit
Reoccupation P P P P P P P C C C

B. Re-evaluation of land uses already listed in the Zoning Use Table.

1. Automated Car Washes:

Staff recommends that in addition to Zone Use Table changes that would allow certain zones to allow automated car washes as permitted by right, the following development standards be required for automated car washes throughout the city.

Suggested Development standards:
a. The site shall be designed in a manner such that cars in queue to enter the car wash are not located visible to and parallel with public street frontages, or immediately adjacent to existing residential uses.
b. A noise analysis addressing noise impacts in conformance with the City of Visalia’s Noise Ordinance (Chapter 8.36) shall be required and accepted by the City Planner if the car wash is located within 1,000 feet of an existing residence or a sensitive receptor. Compliance of the noise levels, subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation. 509

c. Hours of operation for a car wash shall be limited to between 7:00 a.m. to 7:00 p.m., and any operation during nighttime hours as identified in the Noise Ordinance, Chapter

8.36, shall be supported by a noise analysis if applicable. d. A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Engineer.
e. Adequate means of eliminating grease and oils from drainage systems shall be provided, such as through the installation of a sand-oil separator.

2. Stand-alone Barbers and Tattoo
The Planning Division processed five CUPs for Stand -alone Barbers in Office zones and four CUPs for Tattooists in the C-MU zone between 2019 and 2023. Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and floor plans. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.

See section E below for barbers, no definition for tattooist.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS B3 Stand Alone P P P P P C P C P
B5 Tattooist P P P C P P P P

3. Fast food restaurants in Industrial zones, meeting criteria in Section 17.32.161.

Given that VMC Section 17.32.161 details conditions necessary for this use type in industrial zones, a CUP doesn’t seem necessary. The Planning Division processed one CUP between 2019 and 2023.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
D10 Drive-Thru Lanes in
Industrial Zone

C P C P
E7
Quick Service/Fast Food
Restaurants (Industrial
Zone)

C P C P

4. Gallery
Permitting galleries in the downtown area is supported by Land Use Policy LU-P-17 which encourages the community to establish additional initiatives to support artist in the local community. No CUPs were processed between 2019 and 2023, and no galleries have sought approval in any zone during this time.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A176 Car Washing - automated C C P P C P C C
Development standards:

See Section 17.32.168
510

Suggested definition: means an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
G1
GALLERIES– ART/

PHOTOGRAPHY/
CRAFTS

P P P P C P

5. Hotels and Motels
There were 3 CUPs processed between 2019 and 2023. Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the 3 processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and elevations. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.

No definition recommended but revise Zone Use Matrix based on comments.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
H2
Hotels and Motels,
located 250 feet or
more from an existing
residence

C P C P C P

H3
Hotels and Motels,
located less than 250
feet from an existing
residence

C C C C

6. Animal Day Care Facility, Kennel, and Animal Hospital Definitions are recommended to provide more clarity and nature of these types of uses , such as commercial vs. hobby use, daytime boarding facilities such as “doggie day cares”, medical vs. non-medical. Additionally, the allowed locations of kennels appear to be limited given that they are only permitted in two zones and have a distance requirement from existing residential zones. Therefore, staff suggests expanding the zone districts for these types of uses to include Industrial zones and the Commercial Mixed-Use zone.

Suggested: Create new line item for Animal day care facility to mean an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A6 Animal day care
facility P C P P C

511

Suggested definition: Kennel means an establishment where dogs, cats, or other small domestic animals are boarded for an extended amount of time, trained, or bred.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
K1
Kennels (located 500
feet or more from a
residential zone)

C P C C P P

Suggested definition : Animal hospital means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment and are cared for during the time of such treatment. Use as short -time boarding shall be only incidental to such hospital use.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

VETERINARY SERVICES
V1
Animal Hospitals
Care Clinic (no
boarding)

P C P P C P P
V2
Animal
Hospitals/Clinics
(located 500 ft. from a
residential zone
including short term
boarding of animals)

C C C P P

7. Commercial bakeries and kitchens
Staff suggests that a definition and Zoning Use Matrix line item be created to allow for commercial kitchens that do not have a retail storefront. Given changes in the food service industry and efforts to grow food entrepreneurship businesses, such an addition would assist City staff to update the zoning use matrix to current trends. Also, given there is no apparent reason to require a conditional use permit for Commercial Bakeries in Service Commercial zone, staff recommends permitting this use in Service Commercial by right.

Staff would also recommend conditionally permitting this use in the Commercial Mixed- Use zone.

Suggested definition : Commercial bakery means an establishment that is primarily engaged in manufacturing bread, bread -type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.

Suggested: Create new line item for Commercial kitchen to mean a facility equipped to prepare food or meals to be delivered off -site to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M167 – commercial
bakeries

C P C

P P
M17 – commercial
kitchens C C P C C P P

512

8. Clothing imprinting
Staff considers this type of use to have little to no impact on adjacent uses. Such uses have previously operated or currently operate in the D-MU or C-MU zones.

Suggested definition : Clothing imprinting means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M4138 – clothing
assembly/imprinting P P P P P

9. Museum
No CUPs were processed between 2019 and 2023, and no museums have sought approval in any zone during this time. Additionally, given consistencies with other similar type uses in the conditionally permitted zones staff recommends making this use permitted by right in those zones.

Suggested definition: means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M665

MUSEUMS
(SPECIAL

INTEREST/
HISTORICAL–

PUBLIC/ PRIVATE)

C P

C P C P

10. Photocopy services
Given the nature of the type of service and that the use is already permitted in commercial and light industrial settings, staff suggests that photocopy services also be allowed by- right in the Service Commercial zone.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
P74 With Printing Press P P C C C P P
P85 Without Printing Press P P P P P P P P P

11. Fire stations
Given that fire stations are already permitted in commercial, office, and industrial settings, staff suggests that this use also be allowed ‘by -right’ in the Service Commercial, Commercial Mixed Use, and Downtown Mixed Use zones.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
P185 Fire Stations C P C P C P C P P C P P
513

12. Post Offices
No post offices have sought approval in any zone during this time. Currently the city has three post offices: one in each of the C-MU, D-MU, and O-PA zones.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

PUBLIC COMMUNITY

SERVICES
P2017 Post Offices P C P

13. Retail – Convenience stores
Staff believes that convenience stores can be considered synonymous to general retail or food stores that sell merchandise to the general public. The creation of a definition can create parameters on regulated projects such as alcohol and tobacco to ensure that a convenience store maintains a wide variety of products. Currently, the Zoning Ordinance provides no definition or description of convenience store, not describing its difference from general retail, grocery, specialty food, etc., and whether the description incl udes those that are part of a service station. Additionally, the line item does not describe how convenience store greater than 7,000 square foot in size shall be treated. Planning Division processed four CUPs for Convenience Stores between 2019 and 2023: One in each of the C-N, C-S, C-MU, and D-MU zones.

Suggested definition: Means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other household goods. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section 8.46.030, shall be considered as the latter. Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “liquor store”, as defined in Section 17.04.030.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
RETAIL
Food Stores
R560 – convenience store –
7000 sq. ft. or less C P C P C C P C P C C C

14. Tutoring Centers
Staff does not see a reason for tutoring centers to be considered as a conditionally allowed use, as they generally tend to operate similar to processional offices or counseling offices.

Therefore, staff recommends to allow the uses by -right in all locations where they are currently allowed. Planning Division processed one CUP for Tutoring in the C -N zone (between 2019 and 2023).

Suggested definition: Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non- physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a 514

certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones)
S98 Tutoring Centers C P C C P C P C P

15. Check-Cashing Service and Bail Bonds
Staff recognizes that these types of businesses would not likely require any unique conditions in order to ensure land use compatibility between other existing uses. These uses generally locate within an established commercial center or within a professional center and would have little to no impact on adjacent uses. Therefore, staff recommends allowing the uses by -right in all locations where they are currently conditionally allowed.

One CUP is currently being processed for bail bonds in the C-MU zone.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

SERVICE, COMMERCIAL
S121 Check-Cashing
Service C P C P C P C P
S176 Bail Bonds C P C P C P

C. Expansion of existing land uses already listed in the Zoning Use Table.

1. Automotive / Car Sales
Differentiate car sales between businesses with vehicle display lots and businesses essentially without vehicle display lots. This is due to a new business model of car sales for new brands that primarily sell cars online, or direct to consumer.

Suggested definition : Automotive sales means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories a s an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A1822
Car Sales – New &
Used, More than four
(4) vehicles on
display
P C
A19
Car Sales – New &
Used, four (4) or less
vehicles on display

P P P P

2. Medical – clinic & offices
Currently the Zoning Use Matrix relies on listing types of facilities to define a Clinic rather than providing a broad breadth definition. A definition would assist in setting apart clinics from other types of facilities , such as Medical Offices. A definition would clarify 515

appointment vs. walk -in, inpatient vs. outpatient services, drug dispensing, etc.

Additionally, staff is unclear as to why Clinic uses in Regional Commercial, Commercial Mixed Use or Office Professional zones, and Medical Offices in Regional Commercial and Neighborhood Commercial zones should require a conditional use permit, particularl y if better definitions and differentiation between the two use types are established.

Business Research Park zone: Given development in the BRP has been slow to take off, with most of the new projects being either food services/retail or hotel, with little on the horizon for additional office space or research park, it may be appropriate to consider other types of professional office uses. Such uses could include medical office type uses given they are typically in office park settings, subject to common design standards, and are primarily by appointment only.

Suggested update: Update 17.24.010.B as follows: The purpose and intent of the planned business research park zone district is to provide for business, scientific, educational, medical offices, and light industrial uses in a campus -type setting.

Planned business research parks are to be planned and developed as integrated units via specific or master plans and are intended to accommodate large -scale office developments at locations that provide close-in employment opportunities; promote Visalia's community identity through special site development standards such as lot sizes, setbacks, landscaping, building scale, parking, open areas, etc.; and provide on- site ancillary uses including day care, f ood service, banks, recreation, etc., served by a variety of transportation modes to reduce vehicle trips.

Suggested definition: Clinic means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.

Suggested definition. Medical office means a medical facility that operates as an appointment-based medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment may be provided by one or more of the following: physician, dentist, optometrist, physical the rapist, chiropractor, psychiatrist, psychologist, or similar health care professional.

Please note these proposed changes do not include Hospitals or Acute Care uses which are Conditionally permitted in only the D-MU and O-PA zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) M6056
Clinics (medical group,
urgent care/walk-ins,
dental, rehabilitation ,
Outpatient Surgery
Center)

C C P C P C C P C C

OFFICES
O6
Medical (i.e., Physical
therapists, physicians/
surgeons, dentists/
orthodontists,
optometrists,
chiropractors, etc.)

C P C P P P P P P
516

3. Offices – Professional / Counseling
‘Counseling/psychologist – individual and group’ - Staff has observed new land uses that provide services to clients in a manner similar to, but larger in scope than traditional counseling offices. In these cases, counseling may include providing wrap around social services, recovery sessions for substance abuse, and other programs not involving drug dispensing or psychologist counseling. It may be appropriate to edit the existing ‘Counseling/psychologist – groups’ (O8) line item to reflect this new land use and add a new definition to Chapter 17.04. Conversely, counseling offices as envisioned in the existing Zoning Use Matrix language do not appear to present a different land use or business activity than what may be typical in other Medical Office use types as currently described in the Use Matrix. Because of this, it may be appropriate to simply add the term “counseling” to the line item for Medical Offices (O6) and delete line item O7, if a new or revised line item was provided for O8.

Suggested definition: Professional office means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non -retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field. Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.

Suggested: Replace group counseling with a new item Professional office with social services to mean a professional office that generally provides group counseling or therapy services in a non -medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on -site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

OFFICES
O6
Medical (i.e., Physical
therapists,
physicians/surgeons,
dentists/
orthodontists,
optometrists,
chiropractors,
counseling, etc.)

C P C P

P P P P

O7
Counseling/
psychologist–
individuals
C C

P P P P

O78
Counseling/
psychologist – groups
Professional office
with social services
C C

P C P C

4. Schools – Training
Staff has seen various types of uses that have an ancillary use of a training space that may not fall within the scope of a school or training facility. An example is a facility that provides workforce skills training looking to be employed by local employers, or already 517

employed by local employers, but does not provide a degree or certificate. Planning Division processed three CUPs for Specialized Schools (one in the C -S and two in the I zone). Staff recommends replacing one line item for Vocational School with two-line items as follows:

Suggested definition: Vocational or Other Specialized School -- Non-Industrial Trades, means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades. This definition applies to schools that are owned and operated privately for profit , or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

Suggested definition: Vocational or Other Specialized School -- Industrial Trades, means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit , or not -for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) S6
Vocational, Charter or
other Specialized
Schools – Non-industrial
trades

C C C C C P P C P
S7
Vocational or other
Specialized Schools -
Industrial Trades

C P C C C P P P

Video Arcades (17.32.120)
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Additionally, staff has edited Section 17.32.120 regarding Video Arcades given many businesses operate 5 or more video arcade machines and due to an apparent outdated view of the potential public nuisance video arcades present.

Proposed updates to 17.32.120 -- Staff recommends the proposed revisions to this section as follows:

B. Permits Required.

1. Video arcades may be approved as a conditional permitted use in the C-N, C-R, C-MU and D-MU zones pursuant to Chapter 17.38 of the Visalia zoning regulations.

2. Video machines, up to four in number, may be approved by the planning department pursuant to Section 17.38.070 (temporary uses) of the zoning regulations.

Such permits shall be subject to the operational criteria set forth in subsection (C) of this section.

CB. Operational Criteria.

1. Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools , grades kindergarten through twelfth grade.

4. Alcoholic Beverages. No alcoholic beverages shall be allowed to be bought or consumed on the premises, including the public and/or private areas in the 519

vicinity. This shall not apply to businesses that are licensed and approved for alcoholic beverage sale and use, such as a bona-fide restaurant.

5. Noise. No noise or sound generated by an arcade shall be audible outside of the arcade building.

6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.

DC. Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with these operational standards the conditions of the use permit under which the arcade is operating. Violations of the conditional use permit or the provisions of this section shall be subject to enforcement under the provisions of Chapter 17.46 of the zoning regulations. Continuing violations may lead to revocation of the conditional use permit for an arcade, as set forth under Section 17.38.040 of the zoning regulations. (Ord. 2017-01 (part), 2017: prior code § 7488)

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

RECREATION FACILITIES
R3
Athletic and Health
Clubs (gymnasiums,
fitness centers,
racquet clubs)

C P C P C P C C C
R7 Bowling Alleys C P C P C
R143 Ice & Roller Skating
Rinks

C P C P
R174 Pool Halls/Billiard
Parlors C P C P C P C
R196
Video Arcade
Machines/Coin-
Operated games – 5
or more machines

C P C P C P C P
R10 Escape Rooms P P P P C
R15 Indoor playgrounds
and trampoline parks P P P C
R16 Indoor Amusement
Facilities P C C
R2018 Other Recreational
Facilities C C C C C C C

D. Removal of existing land uses already listed in the Zoning Use Table.

1. Sit-Down Restaurant/Café
The ‘sit-down restaurant w/full bar using greater than 25% of public area’ category has not been used in staff’s recollection. It should be noted that restaurants which serve alcohol must obtain a separate alcohol license which is issued by the California Department of Alcohol Beverage and Control which contains a set of operating conditions that is enforced by the state, including conditions that ensure revenue sales are primarily from food sales.

Staff therefore recommends removing references in lines E9 and E10 pertaining to “ full bar using less/greater than 25% of public area ” and allow for sit -down restaurants regardless of alcohol sales.

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USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
E9 Sit-Down Restaurant/Café
– with or without full bar
using less than 25% of
public area

P P P P P P P P P
E10 Sit-Down
Restaurant/Café– full bar
using greater than 25% of
public area

C C C C C C C C

2. Residential Alcohol/Substance Abuse Treatment Facility.

This land use is now synonymous with the definition with either a ‘Residential Care Facility’ or ‘Supportive Housing’. These uses provide social care and different levels of personal care in an effort to assist with improving their health and maximizing their ability to live and work.

Staff recommends to remove this line item from the use matrix as ‘Supportive Housing’ already falls under a separate line item and requires a CUP in all zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M62 Residential
Alcohol/Substance
Abuse Treatment
Facility
C

No secondhand or thrift stores have sought approval in any zone in the last five years.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
R78 Secondhand
Store/Thrift Shops–
up to 2,000 square
feet

P P P P
R79 Secondhand
Store/Thrift Shops –
greater than 2,000
square feet

P P P C

E. Create new definitions or amend existing definitions found in Chapter 17.04 and add new uses to Zoning Use Matrix line items found in Chapter 17.25.

1. Barbers, Hairstylists, Day Spas, Etc.

Recent proposals reviewed by staff reveal a wider breadth of uses that could include other nonmedical services such as eyebrow threading, and skin art. Certain uses that may be quasi-medical in fact, may not be medical in the same manner as procedures deemed necessary for improving health. Examples include Botox, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. Must differentiate other 521

types of personal elective procedures are included for the purpose of self-care and not for medical treatment.

These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.

Business Research Park zone – Given development in the BRP has been slow to take off, with most of the new projects being either food services/retail or hotel, with little on the horizon for additional office space or research park, it may be appropriate to consider additional offic e use types. ‘Prototype manufacturing’ or ‘Makerspaces’ could be appropriate uses for the Business Research Park given such uses are in Research and Development and the zone’s proximity to industrial zones where production would more aptly occur.

Suggested: Change to Heavy Manufacturing, means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on -site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site.

Examples include but are not limited to the production of the following : agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.

Suggested: Change to Light Manufacturing, means assembling or mixing, where previously processed components or manufactured parts produced off -site are fitted together into a complete machine or blended together to form a non-combustible and non- explosive product. The assembli ng or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on -site shall not negatively affect other businesses or proper ties in the area. Examples of assembling include but are not limited to the production of the following: computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly.

Suggested: Add Prototype/Makerspace Manufacturing, means a non -production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three -dimensional (3D) printers, later cutters, computer 522

numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M332
Heavy Equipment/
Machine Manufacturinge/
Assembly (welding &
fabrication, i.e.,
agricultural equipment,
aircraft equipment parts &
supplies, large
appliances, auto/truck
manufacturing, industrial
machinery)
C
M354
Light Manufacturing/
Assembly (i.e., computer
hardware & parts, electric
supplies– coils, wire,
cable, consumer goods,
etc.)
C P P
M36 Hobby/Craft
Manufacturing P P P
M37
Prototype Manufacturing,
Non-production scale,
Makerspace
C P P

BACKGROUND INFORMATION
Environmental Review:

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

RECOMMENDED FINDINGS

1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section 17.02.020.

2. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

3. The Zoning Text Amendment makes various updates based on c hanges in state law , changes in city procedures, changes in business and/or development trends or activity, and various corrections based on errors in existing zoning text, or changes in other sections of the Visalia Municipal Code.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption). 523

APPEAL INFORMATION
The Planning Commission’s recommendation on Zoning Ordinance Text Amendment No. 2024- 02 is advisory only and is automatically referred to the City Council for final action.

Attachments:
• Related Plans and Policies
• Resolution No. 2024-70 for 2024 Zoning Ordinance Text Update • Exhibit A – Planning Commission Work Session Staff Report (September 9, 2024)

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RELATED PLANS AND POLICIES

Chapter 17.44

ZONING AMENDMENTS

Sections:

17.44.010 Purpose.

17.44.020 Initiation.

17.44.030 Application procedures.

17.44.040 Public hearing—Notice.

17.44.050 Investigation and report.

17.44.060 Hearing.

17.44.070 Action of city planning commission.

17.44.090 Action of city council.

17.44.100 Change of zoning map.

17.44.110 New application.

17.44.120 Report by city planner.

17.44.010 Purpose.

As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.

17.44.020 Initiation.

A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.

B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and

17.44.090 shall be followed.

17.44.030 Application procedures.

A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:

1. Name and address of the applicant;
525

2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;

3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;

5. Additional information as required by the historic preservation advisory board.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

17.44.040 Public hearing—Notice.

The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing.

17.44.050 Investigation and report.

The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission.

17.44.060 Hearing.

A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.

B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents.

17.44.070 Action of city planning commission.

The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission.

17.44.080 [Reserved].

17.44.090 Action of city council.

A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.
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B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal.

17.44.100 Change of zoning map.

A change in zone boundary shall be indicated on the zoning map.

17.44.110 New application.

Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

17.44.120 Report by city planner.

On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 527

RESOLUTION NO. 2024-70
RESOLUTION NO. 2024-70

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2024-02,

A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) BASED ON MULTIPLE FACTORS INCLUDING, BUT NOT LIMITED TO: STREAMLINING OF LAND USE REVIEW, CHANGES IN BUSINESS AND/OR DEVELOPMENT TRENDS AND ACTIVITY.

WHEREAS, Zoning Text Amendment No. 2024-02 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance ) based on multiple factors including, but not limited to: streamlining of land use review, changes in business and/or development trends and activity. The specific amendments apply City-wide and are specified in Attachment “A” of this Resolution; and

WHEREAS, the Planning Commission of the City of Visalia , after duly published notice, held a public hearing before said Commission on December 9, 2024; and

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

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

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

1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section

17.02.020.

3. The Zoning Text Amendment makes various updates based on changes in business and/or development trends, development activity, and streamlining of land use review.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption). 528

RESOLUTION NO. 2024-70
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia.

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RESOLUTION NO. 2024-70
Resolution No. 2024-70

ATTACHMENT “A”

Zoning Text Amendment No. 202 4-02, implementing numerous amendments to Title 17 (Zoning Ordinance) based on factors including, but not limited to, streamlining of land use review, changes in business and/or development trends and activity.

Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.

CHAPTER 17.04 regarding new or modified definitions:

Section 17.04.030 Definitions.

“Media Studio” means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.

“Battery Energy Storage System” means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.

“Residential Unit Reoccupation” means a single-family dwelling, situated in a non- residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.

“Galleries” mean an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.

“Animal Day Care Facility” means an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.

“Kennel” means an establishment where dogs, cats, or other small domestic animals are boarded, trained, or bred.
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RESOLUTION NO. 2024-70
“Animal Hospital” means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment and are cared for during the time of such treatment. Use as short-time boarding shall be only incidental to such hospital use.

“Museum” means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.

Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section 8.46.030, shall be considered as the latter. Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “liquor store”, as defined in Section 17.04.030.

“Tutoring Center” Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non- physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.

“Car Sales” means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.

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RESOLUTION NO. 2024-70

“Clinic” means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.

“Professional Office” means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field.

Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.

“Vocational or other Specialized Schools – Non-industrial Trades” means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

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RESOLUTION NO. 2024-70
“Vocational or other Specialized Schools – Industrial Trades” means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

“Indoor Amusement Facilities” means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.

“Escape Room” means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.

“Personal Services” Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.

“Heavy Manufacturing” means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.

“Light Manufacturing” means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area.

533

RESOLUTION NO. 2024-70
“Hobby/Craft Manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

“Prototype Manufacturing or Makerspace” means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three-dimensional (3D) printers, later cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.

Chapter 17.24 regarding uses in Business Research Park Zone

Section 17.24.010 Purpose.

B. The purpose and intent of the planned business research park zone district is to provide for business, scientific, educational, medical offices, and light industrial uses in a campus -type setting. Planned business research parks are to be planned and developed as integrated units via specific or master plans and are intended to accommodate large -scale office developments at locations that provide close -in employment opportunities; promote Visalia's community identity through special site development standards such as lot sizes, setbacks, landscaping, building scale, parking, open areas, etc.; and provide on -site ancillary uses including day care, food service, banks, recreation, etc., served by a variety of transportation modes to reduce vehicle trips.

CHAPTER 17.25 regarding new, modified, or deleted Zone Use Table line items:

In this section, changes are specified by underline for additions and strikeout for deletions.

Section 17.25.030 Commercial, Office, and Industrial Zone Use Table.

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RESOLUTION NO. 2024-70
CHAPTER 17.32 regarding new or modified Special Provisions:

Section 17.32.168 Automated Car Washes
A. The site shall be designed in a manner such that cars in queue to enter the car wash are not located visible to and parallel with public street frontages, or immediately adjacent to existing residential uses.

B. A noise analysis addressing noise impacts in conformance with the City of Visalia’s Noise Ordinance (Chapter 8.36) shall be required and accepted by the City Planner if the car wash is located within 1,000 feet of an existing residence or a sensitive receptor.

Compliance of the noise levels , subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation.

C. Hours of operation for a car wash shall be limited to between 7:00 a.m. to 7:00 p.m., and any operation during nighttime hours as identified in the Noise Ordinance, Chapter

8.36, shall be supported by a noise analysis if applicable.

D. A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Engineer.

E. Adequate means of eliminating grease and oils from drainage systems shall be provided, such as through the installation of a sand-oil separator. 569

RESOLUTION NO. 2024-70

17.32.120 Video machine arcades.

B. Permits Required.

1. Video arcades may be approved as a conditional permitted use in the C -N, C-R, C-MU and D-MU zones pursuant to Chapter 17.38 of the Visalia zoning regulations.

2. Video machines, up to four in number, may be approved by the planning department pursuant to Section 17.38.070 (temporary uses) of the zoning regulations.

Such permits shall be subject to the operational criteria set forth in subsection (C) of this section.

CB. Operational Criteria.

1. Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools, grades kindergarten through twelfth grade.

2. Hours of Operation. Normal hours of operation shall be between the hours of ten10:00 a.m. and eleven11:00 p.m. unless alternate hours are approved by the city council as part of a conditional use permit. Machines located in businesses may be operated during normal business hours if approved by the planning department (four or fewer machines) or city council (arcades) . In any case, school aged children shall be prohibited from operating video machines while school is in session.

3. Security/Supervision. The use shall be under the supervision of an adult during all hours of operation. Additional supervision or security may be required as deemed necessary by the city council under the terms of the conditional use permit . The work station of the adult attendant shall be such that the entry and immediate outside area is visible. Supervision responsibility shall extend to the public and/or parking areas in the vicinity of the arcade.

5. Noise. No noise or sound generated by an arcade shall be audible outside of the arcade building.
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RESOLUTION NO. 2024-70

6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.

DC. Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with these operational standards the conditions of the use permit under which the arcade is operating. Violations of the conditional use permit or the provisions of this section shall be subject to enforcement under the provisions of Chapter 17.46 of the zoning regulations. Continuing violations may lead to revocation of the conditional use permit for an arcade, as set forth under Section 17.38.040 of the zoning regulations. (Ord. 2017-01 (part), 2017: prior code § 7488)

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REPORT TO CITY OF VISALIA PLANNING COMMISSION

HEARING DATE: September 9, 2024

PROJECT PLANNER: Brandon Smith, Principal Planner
Phone: 559-713-4636
Email: [email protected]
Devon Jones, Economic Development Manager
Phone: (559) 713-4190
E-mail: [email protected]

SUBJECT: Work Session Discussion - Initiation of Potential Zoning Text Amendments , Section 2: Provide staff direction toward initiating various text amendments within Visalia Municipal Code Title 17 (Zoning Ordinance) based on multiple factors including, but not limited to:
• Streamlining of land use review
• Changes in business and/or development trends and activity

STAFF RECOMMENDATION
Staff recommends that the Planning Commission receive this staff report , presentation, and provide input on initiating ‘Section 2’ of zoning text amendments.

RECOMMENDED MOTION
I move to authorize staff to initiate zoning text amendments as discussed in ‘Section 2’.

Alternative: I move to direct staff to return at a future Planning Commission meeting with additional information as requested by the Planning Commission.

BACKGROUND INFORMATION
The text amendments discussed herein are being requested by City staff to update the Zoning Ordinance and to respond to current issues , particularly the streamlining of allowed uses in the Zoning Ordinance’s Zone Use Matrix.

Summary of Section 1 Zoning Ordinance Updates
A Zone Text Amendment (ZTA) for the Section 1 Amendments was discussed at a Planning Commission work session on March 11, 2024, and formally recommended for approval by the City Council on May 28, 2024 . ThCouncilCouncil subsequently approved the Section 1 ZTA on June 15, 2024, and the ZTA has since taken effect. Section 1 consisted of mainly non-substantive or ‘clean-up’ amendments that have been identified over time to ‘correct’ existing language.

Section 2 was also introduced at the Planning Commission work session held on March 28, 2024, described as mo re complex amendments that staff believes warrants further Planning Commission review and consideration. The changes would better reflect actual development or industry activity, changes in development and business trends, changes in state law, or streamline the zoning text.
572

Below is a list of the Section 2 amendments for Planning Commission consideration. As part of this work session dialogue, staff will consider any other potential amendment suggestions and feedback from the Planning Commission.

DESCRIPTION AND EVALUATION
Section 2
The following are several potential considerations based on actual development activity, changes in state law, changes in business terminology, opportunities for efficiency, or creation of operating standards in lieu of entitlement requirements.

Item 1: Establishment of Definitions in Chapter 17.04 and Revisions to Uses in Table 17.25.030 (Zoning Use Table)

A. Introduction of new land uses into the Zoning Use Table not associated with any category in the table. Staff recommends that for each land use identified in Section A, a definition be added to Chapter 17.04 and a line item be added to the Zoning Use Matrix found in Chapter 17.25. Doing so will create clarity in identifying the use and directing the use to the appropriate zoning.

Staff recommended changes are shown in yellow highlight. i. ‘Event centers, banquet halls, and/or event venues’
Suggested Zoning Districts : Conditionally allowed in Regional Commercial, Commercial Mixed Use, Downtown Mixed Use, Office-Professional/Administrative.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
Event Centers C C C C

ii. ‘Social Media Studio’. This can include one or more of the following uses: recording studio, photography studio, offices focusing on communications and marketing.

In 2024, one Site Plan Review applicant proposed this type of use in an existing industrial facility.

Suggested Zoning Districts : Permitted in Commercial Mixed Use, Downtown Mixed Use, Office-Professional/Administrative, Office Conversion.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
Social Media Studio P P P P

iii. ‘Battery Storage Facility’.

In 2024, one Site Plan Review applicant proposed this type of use on a vacant lot.

Staff determined that the use would be permitted used on its demonstrated likeness to other uses.

Suggested Zoning Districts: Conditionally permitted in Industrial.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
573

Battery Storage Facility C

iv. ‘Reversion to Residential Use’.

This change would allow , as a permitted use , a residential dwelling unit without any commercial activity to be established in a structure that was originally constructed as a residence. This would largely be applicable to historic homes that have converted to office uses but wish to revert back to a residence. Currently, zoning allows new or expansion of residences in any non -commercial zone as a conditionally allowed use.

In 2023, one CUP was processed for such use. This revision would also help in addressing State mandates on requiring local jurisdictions to streamline reside ntial housing developments.

Suggested Zoning Districts: Permitted in all zones.

Commercial and Mixed Use Zones Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

Dwelling unit
establishing within a
structure which was
originally constructed as
a residence

P P P P P P P P P P

B. Re-evaluation of land uses already listed in the Zoning Use Table . Staff recommends that for each use in Section B, certain zones become more permissive for that use, meaning that a zone which conditionally allows a use will allow the use by right, or that zone which does not allow a use will allow a use with a conditional use permit. Most recommendations are based upon conditional use permits processed for a use that have contained no substantiative conditions of approval beyond compliance with Site Plan Review comments and conformance to a site plan and operation statement.

Staff suggested changes are shown in yellow highlight.
i. ‘Automated car washes’
Staff’s primary concern regarding car washes and the resulting conditions have been related to noise in order to address potential impacts when located near residences.

Conditions have therefore routinely been added to address noise concerns.

Staff believes that with the creation of performance standards to address car washes in all zones, certain zones which frequently see the establishment of car washes can become more permissive and allow the uses by right.

The Planning Division processed three CUPs for car washes in C-MU zones and one CUP in the C-N zone between 2019 and 2023. Generally, no unique conditions have been applied to these uses.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A16 Car Washing - automated C C P P C P C C
Special Use Standards:

See Section 17.32.xxx
574

ii. ‘Stand-alone Barbers’ and ‘Tattooist’
The Planning Division processed five CUPs for Stand-alone Barbers in Office zones and four CUPs for Tattooists in the C-MU zone between 2019 and 2023.

Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and floor plans. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.

Note: Staff further recommends renaming this category and adding definition to this use – see Section E.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS B3 Stand Alone P P P P P C P C P
B5 Tattooist P P P C P P P P

iii. ‘Fast food restaurants in Industrial zones’, meeting criteria in Section 17.32.161.

Given that VMC Section 17.32.161 details conditions necessary for this use type in industrial zones, a CUP doesn’t seem necessary.

The Planning Division processed one CUP between 2019 and 2023.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
D10 Drive-Thru Lanes in
Industrial Zone

C P C P
E7
Quick Service/Fast Food
Restaurants (Industrial
Zone)

C P C P

iv. ‘Galleries’
No CUPs were processed between 2019 and 2023, and no galleries have sought approval in any zone during this time. In addition, permitting galleries in the downtown area is supported by Land Use Policy LU -P-17 which encourages the community to establish additional initiatives to support artist in the local community.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
G1
GALLERIES– ART/

PHOTOGRAPHY/
CRAFTS

P P P P C P

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v. ‘Hotel and Motels’
There were 3 CUPs processed between 2019 and 2023.

Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the 3 processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and elevations. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
H2 HOTELS AND MOTELS C P C P C P C

vi. ‘Kennels’ and Veterinary Services: ‘Animal Care Clinic’ and ‘Hospitals/Clinic’ Definitions are recommended to provide more clarity and nature of these types of uses:
commercial vs. hobby use, daytime boarding facilities such as “doggie day cares”, medical vs. non -medical. Staff would research and share draft language with the Planning Commission as part of the zone text amendment, or when staff returns with additional information if directed by the Commission.

The allowed locations of kennels appear to be limited given that they are only permitted in two zones and have a distance requirement from existing residential zones.

Therefore, staff suggests expanding the zone districts for these types of uses to include Industrial zones and, for kennels, the Commercial Mixed Use zone.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
K1

KENNELS (LOCATED
500 FEET OR MORE

FROM A RESIDENTIAL
ZONE)

C P C C P P

VETERINARY SERVICES
V1 Animal Care Clinic (no
boarding) P C P P C P P
V2
Hospitals/Clinics
(located 500 ft. from a
residential zone
including short term
boarding of animals)

C C C P P

vii. ‘Commercial Bakery’.

Staff suggests that a definition be created that expand to allow for commercial kitchens that do not have a retail storefront . Also, given there is no apparent reason to require a conditional use permit in Service Commercial zone, staff recommends permitting this use in Service Commercial by right. Staff would also recommend conditionally permitting this use in Commercial Mixed-Use zone.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M16 Commercial Bakeries C P C P P

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viii. ‘Clothing imprinting’
Staff considers this type of use to have little to no impact on adjacent uses. Such uses have previously operated or currently operate in the D-MU or C-MU zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M38 – clothing
assembly/imprinting P P P P P

ix. ‘Museums’
No CUPs were processed between 2019 and 2023, and no museums have sought approval in any zone during this time.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M65

MUSEUMS
(SPECIAL

INTEREST/
HISTORICAL–

PUBLIC/ PRIVATE)

C P

C P C P

x. ‘Photocopy services’
Given the nature of the type of service and that the use is already permitted in commercial and light industrial settings, staff suggests that photocopy services also be allowed by-right in the Service Commercial zone.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
P4 With Printing Press P P C C C P P
P5 Without Printing Press P P P P P P P P P

xi. ‘Fire stations’
Given that fire stations are already permitted in commercial, office, and industrial settings, staff suggests that this use also be allowed ‘by-right’ in the Service Commercial, Commercial Mixed Use, and Downtown Mixed Use zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
P15 Fire Stations C P C P C P C P P C P P

xii. ‘Post Offices’
No post offices have sought approval in any zone during this time. Currently the city has three post offices: one in each of the C-MU, D-MU, and O-PA zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

PUBLIC COMMUNITY SERVICES
P17 Post Offices P C P

xiii. ‘Convenience Store – 7,000 sq. ft. or less’
Staff believes that convenience stores can be considered synonymous to general retail or food stores that sell merchandise to the general public. The creation of a definition can create parameters on regulated projects such as alcohol and tobacco to ensure that a convenience store maintains a wide variety of products. 577

Currently the Zoning Ordinance provides no definition or description of convenience store, not describing its difference from general retail, grocery, specialty food, etc., and whether the description includes those that are part of a service station. Addi tionally, the line item does not describe how convenience store greater than 7,000 square foot in size shall be treated.

Planning Division processed four CUPs for Convenience Stores between 2019 and 2023: One in each of the C-N, C-S, C-MU, and D-MU zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
RETAIL
Food Stores
R60 – convenience store –
7000 sq. ft. or less C P C P C C P C P C C C

xiv. ‘Tutoring Centers’
Staff does not see a reason for tutoring centers to be considered as a conditionally allowed use, as they generally tend to operate similar to processional offices or counseling offices. Therefore, staff recommends to allow the uses by -right in all locations where they are currently allowed.

Planning Division processed one CUP for Tutoring in the C-N zone (between 2019 and 2023).

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones)
S8 Tutoring Centers C P C C P C P C P

xv. ‘Check-Cashing Service’ and ‘Bail Bonds’
Staff recognizes that these types of businesses would not likely require any unique conditions in order to ensure land use compatibility between other existing uses.

These uses generally locate within an established commercial center or within a professional center and would have little to no impact on adjacent uses. Therefore, staff recommends to allow the uses by -right in all locations where they are currently conditionally allowed.

One CUP is currently being processed for bail bonds in the C-MU zone.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

SERVICE, COMMERCIAL
S11 Check-Cashing
Service C P C P C P C P
S16 Bail Bonds C P C P C P

C. Expansion of existing land uses already listed in the Zoning Use Table . The following items pertain to land use categories that apply to multiple types of land uses under an overarching category. Staff recommends that for each category in Section C, definitions for uses be established or amended as to better encompass the nature of the activities which are the basis for the land use. In some cases, one or more new land use items may be established for a new or emerging type of land use within the category (e.g. cre ating a new line item for 578

‘escape room’ rather than relying on ‘other recreational facilities’). In many instances, a definition or new use description may provide a more in-depth explanation than relying solely upon listing of examples/types of uses included within the same line item or depending on old industry terminology.

Staff suggested changes are shown in yellow highlight.
i. Car Sales:

Differentiate car sales between businesses with vehicle display lots and businesses essentially without vehicle display lots . This is due to a new business model of car sales for new brands that primarily sell cars online, or direct to consumer.

Staff’s recommendation: Split ‘Car Sales – New & Used’ into 2 line items, ‘Car Sales – New & Used, More than 2 vehicles on display’ and ‘Car Sales – New & Used, 2 or less vehicles on display’

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A17 Car Sales – New &
Used, More than 2
vehicles on display

P C

Car Sales – New &
Used, 2 or less
vehicles on display

P P P P P

ii. Clinics, Medical Offices:
‘Clinics (medical group, urgent care/walk-ins, dental, rehabilitation, outpatient surgery center)’ and Medical Offices - Currently the Zoning Use Matrix relies on listing types of facilities to define a Clinic rather than providing a broad breadth definition. A definition would assist in setting apart clinics from other types of facilities , such as Medical Offices. A definition would clarify appointment vs. walk -in, inpatient vs. outpatient services, drug dispensing, etc.

Planning Division processed eight CUPs for Clinics (one in C -R zone, three in CMU zone, three in O -PA zone, and one in the I zone) and eight CUPs for Medical Office (seven in the C -R zone and one in the C -N zone) between 2019 and 2023. There is some ambiguity between these two types of medical facilities and staff is seeking a change to better differentiate the two.

Additionally, staff is unclear as to why Clinic uses in Regional Commercial, Commercial Mixed Use or Office Professional zones, and Medical Offices in Regional Commercial and Neighborhood Commercial zones should require a conditional use permit, particularly if better definitions and differentiation between the two use types are established.

Staff’s recommendation: Consider a new ‘Clinic’ definition such as, “a medical facility that operates as an urgent care or walk-in clinic or is a multi-disciplinary medical group practice, that is limited to outpatient surgeries only and does not provide overnight stays”. Doing so should differentiate from similar medical office use types that generate 579

less daily trips/parking/traffic demands and better qualify what would be considered a clinic versus a medical office. A new line-item description would also be recommended.

Additionally, revise Clinic to be allowed ‘by -right’ in the Regional Commercial, Commercial Mixed Use, Office Professional, and Business Research Park zones and that the Medical Office use be allowed ‘by-right’ in the Neighborhood Commercial, Regional Commercial, and Business Research Park zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) M56
Clinics (medical group,
urgent care/walk-ins,
dental, rehabilitation ,
Outpatient Surgery
Center)

C C P C P C C P

P
C C

OFFICES
O6
Medical (i.e., Physical
therapists, physicians/
surgeons, dentists/
orthodontists,
optometrists,
chiropractors, etc.)

C P C P P P P P P

iii. Medical Offices, and Counseling/ Psychologists:
‘Counseling/psychologist – individual and group’ - Staff has observed new land uses that provide services to clients in a manner similar to, but larger in scope than traditional counseling offices. In these cases, counseling may include providing wrap around social services, recovery sessions for subst ance abuse, and other programs not involving drug dispensing or psychologist counseling. It may be appropriate to edit the existing ‘Counseling/psychologist – groups’ (O8) line item to reflect this new land use and add a new definition to Chapter 17.04.

Conversely, counseling offices as envisioned in the existing Zoning Use Matrix language do not appear to present a different land use or business activity than what may be typical in other Medical Office use types as currently described in the Use Matrix. Because of this, it may be appropriate to simply add the term “ counseling” to the line item for Medical Offices (O6) and delete line item O7, if a new or revised line item was provided for O8.

Staff’s recommendation: Add the term, “counseling” to O6, delete line item O7, and rename line item O8 to, “Group Counseling w/wraparound services”.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

OFFICES
O6
Medical (i.e., Physical
therapists,
physicians/ surgeons,
dentists/
orthodontists,
optometrists,
chiropractors,
counseling, etc.)

C P C P

P P P P P

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O7
Counseling/
psychologist–
individuals
C C

P P P P

O8
Counseling/
psychologist –
groupsGroup
Counseling
w/wraparound
services
C C

P C P C

iv. Business, Trade, Vocational, Charter or other Specialized Schools’.

Staff has seen various types of uses that have an ancillary use of a training space that may not fall within the scope of a school or training facility. An example is a facility that provides workforce skills training looking to be employed by local employers, or already employed by local employers, but does not provide a degree or certificate. Planning Division processed three CUPs for Specialized Schools (one in the C-S and two in the I zone).

Staff’s recommendation: Split this line item into two categories:
‘Vocational, Charter or other Specialized Schools – Business or Office related Trades’ - Conditionally permitted in C-R, C-S, C-MU, D-MU, but permitted by right in O-PA, O- C, and BRP zones.
‘Vocational, Charter or other Specialized Schools – Construction, Maintenance, or Industrial related Trades ’ - Conditionally permitted in C -R, C-MU, D-MU, O-PA, but permitted by right in C-S, I-L, I, and BRP zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) S6
Vocational, Charter or
other Specialized
Schools – Business or
Office related trades

C C C C C P P C P

Vocational, Charter or
other Specialized
Schools - Construction,
Maintenance, or
Industrial related Trades

C C P C C C C P C P C P

v. Other Recreational Uses
Given changes in retail sector due to consumer shifts towards online purchases, entertainment uses are becoming more important for foot traffic generation and reuse of retail facilities. At the same time, there may be a need to add additional recreational facility line items given an overall dependence on the ‘Other Recreational Uses’ line item (R18).

Planning Division processed five CUPs for Other Recreational Uses between 2019 and 2023: two in the C-R zone, two in the C-MU zone, and one in the D-MU zone.

Staff’s recommendation:
• Add a line item for “Escape Rooms” to be permitted “by right ” in Regional Commercial, Commercial Mixed Use, Downtown Mixed Use and Office Professional zones and conditionally permitted in Light Industrial zones 581

• Add a line item for “Indoor Playgrounds” to be permitted “by right” in Regional Commercial, Commercial Mixed Use, Neighborhood Commercial and conditionally permitted in Light Industrial zones
• Additionally, another line item for “Indoor Amusement Facility” could be added to be permitted “by right” in Regional Commercial zone and conditionally permitted in other retail commercial zones to provide flexibility for currently unknown “retail -tainment” concepts that could seek a location in major retail corridors such as Mooney Boulevard.
• Make existing recreation facility uses, such as athletic and health clubs, bowling alleys, etc. permitted “by right” in certain Commercial zones. • An amendment would be necessary to VMC 17.32.120 for video arcades with 5 or more machines, and to address the prohibition of online gambling.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

RECREATION FACILITIES
R3
Athletic and Health
Clubs (gymnasiums,
fitness centers,
racquet clubs)

C P C P C P C C C
R7 Bowling Alleys C P C P C
R13 Ice & Roller Skating
Rinks

C P C P
R14 Pool Halls/Billiard
Parlors C P C P C P C
R16
Video
Machines/Coin-
Operated games – 5
or more machines

C P C P C P C P
Escape Rooms P P P P C

Indoor playgrounds
and trampoline
parks

P P P C
Indoor Amusement
Facilities P C C
R18 Other Recreational
Facilities C C C C C C C

D. Removal of existing land uses already listed in the Zoning Use Table. Staff recommends that uses in Section D be removed generally because they may already resemble other uses that can be found elsewhere in the Zoning Use Table.

i. ‘Sit-Down Restaurant/Café’
The ‘sit-down restaurant w/full bar using greater than 25% of public area’ category has not been used in staff’s recollection. It should be noted that restaurants which serve alcohol must obtain a separate alcohol license which is issued by the state and which contains a set of operating conditions that is enforced by the state , including conditions that ensure revenue sales are primarily from food sales.

Staff therefore recommends removing references in lines E9 and E10 pertaining to “ full bar using less/greater than 25% of public area”, and allow for sit -down restaurants regardless of alcohol sales.
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USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
E9 Sit-Down Restaurant/Café
– with or without full bar
using less than 25% of
public area

P P P P P P P P P
E10 Sit-Down
Restaurant/Café– full bar
using greater than 25% of
public area

C C C C C C C C

ii. Residential Alcohol/Substance Abuse Treatment Facility.

Staff recommends to remove this line item from the use matrix as ‘Supportive Housing’ already falls under a separate line item and requires a CUP in all zones.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M62 Residential
Alcohol/Substance
Abuse Treatment
Facility
C

iii. ‘Secondhand Store/Thrift Shops’
Staff believes that second hand/thrift stores can be considered synonymous to general retail that sell merchandise to the general public. Because they could be viewed no different than a general retail store, staff recommends eliminating the line items thereby allowing the use to be treated as general retail. The general retail line currently requires a CUP for any use in excess of 40,000 sq. ft.

No secondhand or thrift stores have sought approval in any zone in the last five years.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
R78 Secondhand
Store/Thrift Shops–
up to 2,000 square
feet

P P P P
R79 Secondhand
Store/Thrift Shops –
greater than 2,000
square feet

P P P C

E. Create definitions or amend existing definitions found in Chapter 17.04 and/or Zoning Use Matrix line items found in Chapter 17.25.

Staff recommends this to provide clarity for uses already listed and create efficiencies in the entitlement process. In many instances, a definition or new use description may provide a more in-depth explanation than relying solely upon listing of examples/types of uses included within the same line item or depending on old industry terminology.

i. Rename ‘Barbers, Hairstylists, Tanning Centers, Cosmeticians & Day Spas’ (B3) to ‘Personal Services’.
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Recent proposals reviewed by staff reveal a wider breadth of uses that could include other nonmedical services such as eyebrow threading, and skin art. Certain uses that may be quasi-medical in fact , may not be medical in the same manner as procedures deemed necessary for improving health. Examples include Botox, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. Must differentiate other types of personal elective procedures are included for the purpose of self-care and not for medical treatment.

Staff recommendation: Add ‘Personal Services’ to Section 17.04 as, “personal services include barber shops, hairstylists, tanning centers, beauty salons, day spas, and other cosmetic services such as eyebrow threading, skin art, Botox, laser hair removal, microneedling, excluding massage therapy and other types of personal elective procedures for medical treatment.” Also, amend Zoning Use Matrix to reflect new section title.
ii. Heavy Manufacturing and Light Manufacturing.

There is some ambiguity between several existing line items regarding heavy or light manufacturing uses and some clarity would be beneficial to help industries locate in appropriate zones.

Staff recommendation:
• Revise ‘Heavy Equipment/Machine Manufacture/Assembly (welding & fabrication, i.e., agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery)’ to become ‘Heavy Equipment/Machine Manufacturing (i.e., agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery)’. As ‘assembly’ suggests a different degree of manufacturing intensity and process and is referred to in other line items, staff recommends dropping this term from this particular use classification. Additionally, ‘welding and fabrication’ are manufacturing processes associated with other line items . G iven this line item seems to suggest the most intensive manufacturing process, staff would recommend removing this term as well. • Revise ‘Light Manufacturing/Assembly (i.e., computer hardware & parts, electric supplies – coils, wire, cable, etc.)’ to become ‘Light Manufacturing/Assembly (i.e., computer hardware & parts, electric supplies, consumer goods , etc.)’. Often ‘heavy manufacturing’ and ‘light manufacturing’ differ based upon the end products to be manufactured. ‘Heavy’ often referring to heavy equipment, large machinery, or vehicles whereas ‘light’ refer s to smaller products or consumer goods. Additionally, light manufacturing can also refer to a less intensive manufacturing process such as assembly of pre-manufactured parts.
• Add ‘Hobby/Craft Manufacturing’ to mean establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Once defined, this use c ould be permitted in Service Commercial, Downtown Mixed Use, and Commercial Mixed Use zones.
• Add ‘Prototype Manufacturing, Non-production scale, Makerspace’ for non-production scale manufacturing to Chapter 17.04. Once defined, this use c ould be permitted by right in I and IL zones and conditionally permitted in the BRP zone.

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

PA O-C BRP I-L I
M32
Heavy Equipment/
Machine Manufacturinge/
Assembly (welding &
fabrication, i.e.,
agricultural equipment,
aircraft equipment parts &
supplies, large
appliances, auto/truck
manufacturing, industrial
machinery)
C
M34
Light Manufacturing/
Assembly (i.e., computer
hardware & parts, electric
supplies– coils, wire,
cable, consumer goods,
etc.)
C P P
Hobby/Craft
Manufacturing P P P

Prototype
Manufacturing, Non-
production scale,
Makerspace
C P P

Items 2 through 9: Updates to Zoning Ordinance, not related to the Zoning Use Table

2. Reduce the rear yard setback requirement of 25 feet in Chapter 17.16: Multi-family Residential Zones
Staff’s recommendation: Revise the rear yard setback standards (Section 17.16.090) to allow for reduced rear yard setbacks where there would be little or no effect on surrounding properties. Specifically, staff would suggest 10 -foot rear yards that abut other multi -family residential zoned properties, and a 10 -foot setback for properties not backing onto single - family residential that have a large site area resulting in an excessive amount of space utilized as rear setback area.

The reduction would provide greater flexibility for site design on a property without obligation toward providing a full 25 -foot setback, which may be seen as a large amount of unused or inefficient use of space. The reduction can be justified because multi-family residential zone standards already require an open, common, usable space for use by the tenants that is often not placed in the rear yard setback area. In addition, most Zoning Ordinance standards require only a 5 to 15-foot setback from a side o r rear property line when adjacent to other residential uses.

3. Expand the Zoning Ordinance’s “lighting” development standards in Section

17.30.015: Development standards
Staff’s recommendation: Add stronger language into Subsection H of Section 17.30.015 that includes a numerical standard on the minimum permissible amount of footcandles at a property line adjoining a residential or other sensitive land use. The City routinely establishes a 0.5 lumen standard at property line , which is not the industry standard on how light is measured. Furthermore, the standard is only written into the Site Plan Review comments, 585

which does not pull from an established policy or standard. Additional language is also necessary to provide explicit expectations on outdoor lighting between non -residential and residential land uses, including amount of lighting, intensity, and light pole height.

4. Reevaluate drive-thru performance standards in Section 17.32.162 Staff’s recommendation:

A. Prohibiting drive-thru lanes within 250 feet of a residential zone, except when separated by an arterial roadway . At present, the performance standards require an applicant to undergo the CUP process if a drive-thru use is proposed within 250 feet of a residence or residentially zoned property. However, such a use could still be conceivably approved by the Planning Commission. Note that in such instances, the Planning Commission can and does apply additional conditions to address specific impacts such as including screening walls or limited hours of operation. However, an outright proh ibition for the establishment of drive-thru facilities within a certain distance from residential areas could limit the proliferation of drive-thru lanes and further reduce impacts to residential areas.

There could also be an exception to this requirement when separated by an arterial roadway.

B. Removing or revising the standard addressing menu board orientation. A Conditional Use Permit is only required when a drive -thru lane cannot meet one or more of the six performance standards. Staff’s experience, since implementing all of the drive -thru performance standards, is that the menu board orientation standard has had little to no influence on the overall design of a building and its drive-thru lane(s). The standard was included merely as a preference in order to help improve the aesthetics of a dri ve-thru lane from its street view. If a use were able to meet all other performance standards with the exception of this one, staff would prefer not to process a Conditional Use Permit for the sole purpose of not meeting the menu board orientation standard.

C. Revisiting the standard addressing vehicle stacking to establish the requirements of a queuing analysis/study. In instances where potential uses have been shown to have excessive drive -thru queues, the City could require applicants to submit additional documentation verifying that a proposed drive-thru use will not create increased impacts to the project site and surrounding areas. Studies, such as a vehicle queuing analysis and traffic action plan s, which provide information on usage rates, average wait times, and “line busting” tactics demonstrating how vehicle stacking impacts will be resolved immediately to limit circulation impacts and prohibit vehicle spillover into the public right- of-way, can be required as part of the site plan review or CUP process. The information provided can be employed by staff to address specific impacts identified in the documentation, thereby heading off any potential negative effects. Submittal of documentation also provides staff with additional tools to hold applicants accountable.

5. Update parking standards in Chapter 17.34: Off -Street Parking and Loading Facilities
Staff’s recommendation:

A. Update p arking standards based upon new state laws: Multi-family residential requirements = 1 stall for affordable studio / 1 -bed units and properties along a high transit corridor being exempted from parking requirements. State law, including Assembly Bill 2097 which took effect in 2022, has superseded local zoning laws for parking requirements applicable to multi-family residential with affordability requirements and to uses located along a high transit corridor as defined by the state. 586

Staff would recommend that the city’s Zoning Ordinance be updated to reflect the state standards. In addition, a brief statement should be added to the Zoning Ordinance Parking Standards Chapter acknowledging that from time to time state laws may be adopted that usurp local standards, and such laws remain applicable even if not reflected in the City ordinances . It should be noted that the City’s parking requirements still remain applicable for properties outside of a high transit corridor or for market-rate multi- family units.

B. Re-evaluate parking standards for Dance, martial arts, gyms, and yoga studios .

Presently the Zoning Ordinance does not specify a parking requirement for this type of use, which has been a more frequent land use over the years. This has caused staff to seek a similar land use to base parking standards from. In lieu, staff recommend that a parking standard specific to this use be researched and added to the Zoning Ordinance.

6. Amend Chapter 17.36: Fences, Walls, and Hedges
Staff’s recommendation:

A. Clarify wording regarding use of barbed wire. Existing Zoning Ordinance text is ambiguous on where barbed wire and electric charged fences are allowed and not allowed. The code simply states that such fences “are prohibited in any R -1-or R-M zone”. Staff has relied on the restrictive nature of the Zoning Ordinance wherein it must state that uses and features are permitted, otherwise they are not allowed. Applicants seeking to place these types of fences, generally on service commercial and industrial zoned properties, currently must seek approval of a Variance. Staff would favor allowing barbed wire and electric charged fences in appropriately zoned locations and would support a text amendment to clarify this.

B. Fencing materials allowed needs to be defined. Existing text does not include any listing of materials that fences may or may not be constructed of, notwithstanding barbed wire and electric charged fences. Staff desires for a text amendment to list acceptable or prohibited materials in order to mainta in an aesthetic quality in neighborhoods and development. For example, wood panel, wrought iron, and chain link fence would all be permissible types of fencing, while the use of corrugated panels or plywood sheets would not be permissible.

7. Reevaluate Temporary Conditional Use Permits (TCUPs) processes and standards in Section 17.38.070.

Staff’s recommendation: Existing Zoning Ordinance text pertaining to CUPs for temporary uses has not been updated in decades and does not address current practices and applicability for the issuance of TCUPs. Currently, a majority of TCUPs are issued for the allowance of food trucks and are otherwise issued for outdoor sales and events. Staff desires to update the code to accurately reflect the maximum time period for TCUPs, minimum vacancy periods between TCUP permits, and to give a list of uses subject to a TCUP.

8. Add clarifying language pertaining to the scope of a ‘minor variance’ allowed under the Master Sign Program in Section 17.48.140.

Staff’s recommendation: Existing Zoning Ordinance text pertaining to master sign programs, which are issued through CUPs, allows for “minor variations in dimensional standards and other limitations of [the Sign Ordinance]. However, minor variations are not strictly defined and therefore can be widely interpreted, as was the case for a recent Master Sign Program that included excessive wall signage for a warehouse retail store. Staff 587

therefore desires to provide additional language that sets a limit to the amount of variation allowed through a master sign program.

9. Changes to the Zone Use Table in 17.25
The following changes are larger in their scope and therefore may require a greater amount of rewriting and review. These changes could be deferred until a future separate ZTA that would include additional complex changes to the Zoning Ordinance. Alternately, the Planning Commission could direct staff to move forward with bringing these changes to a future work session or incorporate into the scope of the current Section 2.

Staff’s recommendation:

A. Re-evaluate Industrial zone allowed uses, based upon the General Plan / Zoning Ordinance Update re-designating large areas from Light Industrial to Industrial. There are many uses allowed in Service Commercial zone that may be appropriate in Light Industrial or Industrial zones. Example: allow ‘Air Conditioning Shops’ (S9) in I zone as a type of contractor yard. This could also include other line items such as RV/boat storage, Glass Stores, Taxi/Limousine Service, Public Utility Service Yards, Sheet Metal Shops, local bus charter, school bus yards, and Ambulance Services.

B. Consider adding new permitted and/or conditional uses such as medical offices to the Business Research Park Zon e (BRP) . As mentioned above in section 1.C., g iven development in the BRP has been slow to take off, with most of the new projects being either food services/retail or hotel, with little on the horizon for additional office space or research park, it may be appropriate to consider additional office use types . Such uses could include medical and light assembly or uses complementary to industrial uses. Some specific suggestions have been made in section 1. C. and 1. E. listed above.

BACKGROUND INFORMATION
Environmental Review:

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

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RESOLUTION NO. 2024-70
RESOLUTION NO. 2024-70

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2024-02,

WHEREAS, Zoning Text Amendment No. 2024-02 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance ) based on multiple factors including, but not limited to: streamlining of land use review, changes in business and/or development trends and activity. The specific amendments apply City-wide and are specified in Attachment “A” of this Resolution; and

WHEREAS, the Planning Commission of the City of Visalia , after duly published notice, held a public hearing before said Commission on December 9, 2024; and

WHEREAS, the project is exempt under the California Envi ronmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section

17.02.020.

3. The Zoning Text Amendment makes various updates b ased on changes in business and/or development trends, development activity, and streamlining of land use review.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
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RESOLUTION NO. 2024-70
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under t he provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia.

Commissioner Peck offered the motion to this resolution. Commissioner Davis seconded the motion and it carried by the following vote:

AYES: Commissioners Peck, Davis, Norman, Tavarez, Beatie NOES:

ABSTAINED:

ABSENT:

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss

CITY OF VISALIA )

ATTEST: Paul Bernal, Community Development Director

I, Paul Bernal, Secretary of the Visalia Planning Commission, certify the f oregoing is the full and true Resolution No. 2024 -70, passed and adopted by the Planning Commission of the City of Visalia at a regular meeting held on December 09, 2024.

Paul Bernal, Community Development Director

Mary Beatie, Chairperson

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Resolution No. 2024-70

ATTACHMENT “A”

Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.

CHAPTER 17.04 regarding new or modified definitions:

Section 17.04.030 Definitions.

“Event Centers” means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not li mited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.

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“Kennel” means an establishment where dogs, cats, or other small domestic animals are boarded, trained, or bred.
“Animal Hospital” means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non- emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.

“Convenience Stores” Means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Co nvenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section 8.46.030, shall be subject to the definition of “Tobacco Shop”.

Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section

17.04.030.

RESOLUTION NO. 2024-70
subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.

“Clinic” means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary or specialty medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.

Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.

RESOLUTION NO. 2024-70
including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

“Vocational or other Specialized Schools – Industrial Trades” means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not -for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.

“Light Manufacturing” means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete 594

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machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area.

Chapter 17.24 regarding uses in Business Research Park Zone

Section 17.24.010 Purpose.

B. The purpose and intent of the planned business research park zone district is to provide for business, scientific, educational, medical offices, and light industrial uses in a campus -type setting. Planned business research parks a re to be planned and developed as integrated units via specific or m aster plans and are intended to accommodate large -scale office developments at locations that provide close -in employment opportunities; promote Visalia's community identity through specia l site development standards such as lot sizes, setbacks, landscaping, building scale, parking, open areas, etc.; and provide on -site ancillary uses including day care, food service, banks, recreation, etc., served by a variety of transportation modes to r educe vehicle trips.

CHAPTER 17.25 regarding new, modified, or deleted Zone Use Table line items:

In this section, changes are specified by underline for additions and strikeout for deletions.

Section 17.25.030 Commercial, Office, and Industrial Zone Use Table.

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CHAPTER 17.32 regarding new or modified Special Provisions:

Section 17.32.168 Automated Car Washes
A. The queue lane shall not be visi ble from the public right -of-way. This shall be achieved by designing the site in a manner such that the queue lane is not located parallel with public street frontages, or by incorporating screening along a queue lane to a minimum height of three fee t utilizing a combination of berms, hedges, and/or landscape materials, or solid walls if necessary.

B. The queue lane for entering the car wash structure shall not be located within 25 feet of a residential-zoned property or a parcel containing a n existing residence or a sensitive receptor.

C. A noise analysis addressing noise impacts in conformance with the City of Visalia’s Noise Ordinance (Chapter 8.36) shall be required and accepted by the City Planner if the car wash is located within 1,000 feet of an e xisting residence or a sensitive receptor. Compliance of the noise levels , subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation.

D. For car washes requiring a noise analysis , hours of operation beyond 7:00 p.m. shall only be permissible if supported by a noise analysis that confirms the car wash will not be inconsistent with the City of Visalia’s Noise Ordinance (Chapter 8.36).

E. A traffic study which analyzes the impact of the propose d carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Engineer.

F. Adequate means of eliminating grease and oils from drainage systems shall be provided, such as through the installation of a sand-oil separator. 630

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17.32.120 Video machine arcades.

A. Definitions. For the purpose of this section the following definitions shall apply:
"Video arcade" means a commercial establishment that contains five or more "video machines.” and its primary business i s generated from sales occurring through use of the “video machines.” Businesses that operate “video machines” as an ancillary use are not considered “video arcades.”
"Video machine" means any machine, device or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest, which is operated through the use of electronic means with images and sounds transmitted through a cathode ray tube.

B. Permits Required.

1. Video arcades may be approved as a conditional permitted use in the C -N, C-R, C-MU and D-MU zones pursuant to Chapter 17.38 of the Visalia zoning regulations.

2. Video machines, up to four in number, may be approved by the planning department pursuant to Section 17.38.070 (temporary uses) of the zoning regulations.

Such permits shall be subject to the operational criteria set forth i n subsection (C) of this section.

CB. Operational Criteria.

1. Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools, grades kindergarten through twelfth grade.

2. Hours of Operati on. Normal hours of operation shall be between the hours of ten10:00 a.m. and eleven11:00 p.m. unless alternate hours are approved by the city council as part of a conditional use permit. Machines located in businesses may be operated during normal busines s hours if approved by the planning department (four or fewer machines) or city council (arcades) . In any case, school aged children shall be prohibited from operating video machines while school is in session.

3. Security/Supervision. The use shall be under the supervision of an adult during all hours of operation. Additional supervision or security may be required as deemed necessary by the city council under the terms of the conditional use permit . The work station of the adult attendant shall be suc h that the entry and immediate outside area is visible. Supervision responsibility shall extend to the public and/or parking areas in the vicinity of the arcade.

5. Noise. No noise or sound generated by an arcade shall be audible outside of the arcade building.
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6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.

DC. Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with these operational standardsthe conditions of the use permit under which the arcade is operating. Violations of the conditional use permit or the provisions of this section shall be subject to enforcement under the provisions of Chapter 17.46 of the zoning regulations. Continuing violations may lead to revocation of the conditional use permit for an arcade, as set forth under Section 17.38.040 of the zoning regulations. (Ord. 2017-01 (part), 2017: prior code § 7488)

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0558 Agenda Date: 1/21/2025 Agenda #: 3.

Agenda Item Wording:

Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’sdenial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operation for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the Neighborhood Commercial zone.

Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2025-01 denying the appeal and upholding the Planning Commission’s denial of Conditional Use Permit No. 2024-29. It is standard practice for staff to recommend the upholding of a Planning Commission action.

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

1. Overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2024-29, subject to the applicant constructing a three-foot tall block wall to border the entirety of the drive-thru lane to provide immediate screening and to install landscaping vegetation to screen the wall as the vegetation matures, the construction of the three foot block wall and additional landscaping will require the submittal of building plans for review and approval along with issuance of a building permit (see Attachment 5); or

2. Direct the applicant to conduct further outreach to the neighborhood; or

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

Summary:

The applicant filed an appeal of the Planning Commission’sdecision to deny the request to amend the hours of operation for a Jack in the Box fast-food restaurant previously approved per Conditional Use Permit (CUP) No. 2021-22, located at 1145 South Lovers Lane. The CUP amendment request was to modify the operating hours from 5:00 a.m. to 12:00 a.m. (midnight), as originally conditioned by the Planning Commission, to 24-hours a day.

At the September 16, 2024, City Council meeting, the City Council heard from the applicant and one person from the public who opposed the applicants request to amend their hour of operation. After further discussion by the City Council, the Council requested the applicant and neighbor work Visalia City Council Printed on 1/16/2025Page 1 of 5
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further discussion by the City Council, the Council requested the applicant and neighbor work together to find a solution that both parties could come to an agreement on and return once that agreement had been achieved.

Since that time, the applicant reached out to the neighbor to find an amicable solution for both parties. The applicant details, as provided in Attachment 1, that although he was willing to have a discussion with the neighbor and individuals who signed the letter of opposition to the CUP amendment request, the neighbor has not been willing to find an amicable solution which lead the applicant to suggest the planting of more landscape shrubbery along the drive-thru lane to better screen the lane and vehicle headlights.

Background Discussion:

Conditional Use Permit (CUP) No. 2021-22 was a request to permit the development of approximately 1.12-acres of C-N zoned property with a 1,315 square foot Jack in the Box fast-foot restaurant. This fast-food restaurant is designed with only a walk-up window and drive-thru lane; there is no indoor dining provided. Fast food restaurant uses, with a drive-thru lane, are considered a “permitted use” in the C-N zone subject to the drive-thru performance standards established in Section 17.32.162 of the Visalia Municipal Code (VMC). A Conditional Use Permit was warranted based on the drive-thru not complying with subsection B(1) of the above reference section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property.

During the public hearing for CUP No. 2021-22, the applicant clarified to the Planning Commission that the fast-food restaurant was seeking to operate 24-hours a day which was not consistent with the hours noted on the application form which listed operating hours from 6:00 A.M. to 12:00 A.M. (midnight). Staff stated during the presentation of the item that fast-food facilities were not limited to specific operating hours in the Municipal Code but would have to comply with the Noise Ordinance (VMC Chapter 8.36). Additionally, none of the other four Jack in the Box restaurants in Visalia operated with limited hours. Additional testimony was received from a member of the public who spoke and shared their concerns for the 24/7 operating hours, based on the projects proximity to abutting residences and Pinkham Elementary School which is approximately 1,321-feet to the west.

The Planning Commission, after further deliberation on the 24-hour operation request, concluded that it would be appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development came to the site which may provide additional buffers to the nearby residential homes. The Planning Commission, understanding the concern, opted to include a condition limiting the hours of operation from 5:00 A.M. to 12:00 P.M. (midnight). This condition was included as Condition No. 10 of Resolution No. 2021-42. A copy of Resolution No. 2021-42 is attached to this staff report as Attachment 3.

Construction of the Jack in the Box restaurant was completed on September 21, 2022. During this time, the applicant had inquired with staff on multiple occasions on the process to amend the hours of operation condition. Through these discussions, staff encouraged the applicant to operate for at least a year and then consider an amendment to the approved entitlement.

Planning Commission Public Hearing:

On August 12, 2024, CUP No. 2024-29 was heard before the Planning Commission. This CUP amendment was seeking a request to expand the fast-food restaurants hours of operation to 24- hours a day. The applicant provided a narrative and letter to the Commission in Planning Commission in support of their request to modify the hours of operation for the Jack in the Box fast-food restaurant. Both exhibits by the applicant identified the project’scompliance with the municipal code, operational history at the site, and no public complaints received at the site. The applicant attributed Visalia City Council Printed on 1/16/2025Page 2 of 5
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operational history at the site, and no public complaints received at the site. The applicant attributed their success of operating a business in compliance with all City codes due to the management structure in which the business is operated. Additionally, the applicant identified that “the need to operate 24/7 is directly tied to the increased minimum wage requirement by the State”.

During the public comment period, the Planning Commission received verbal and written comments detailing concern with the request for extended hours of operation as it would have an adverse impact on neighboring sensitive land uses. During the Planning Commission’sdeliberation, a majority of the Commissioners noted the request to operate 24-hours a day would pose incompatibility issues with the existing residential uses in close proximity. Commissioners also identified that other sites in the City operating 24-hours a day are not as closely located to sensitive land uses, having other commercial buffers between them and neighboring residences. Based on issues stated by the Planning Commission, the Commission denied the CUP amendment by a 5-0 vote. A copy of the Planning Commission staff report is attached to this report as Attachment 3.

Appeal of the Planning Commission Denial
On August 21, 2024, staff received an appeal of the Planning Commission’sdenial of Conditional Use Permit No. 2024-29. The appeal, filed by Patrice Roux, is included as Attachment 2. The reason for the appeal, as noted in the attached document is due the good operating order of the Jack in the Box sites within the City, the increase of fast-food minimum wage and cost to do business, and justification that all other Jack in the Box sites operate with 24-hour services.

Appeal Analysis:

The Planning Commission’sdiscussion, which ultimately lead to their recommendation to deny the project, focused on the project’sinconsistency with the surrounding residential uses. Several of the Planning Commissioners stated that the proposed amended hours of operation to a 24-hour drive thru-use is not compatible with adjacent residential land uses because the project's proximity to sensitive land uses, and requested intensification of operating hours, will have a direct impact to the neighboring residential uses by interfering with the enjoyment of properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity. In addition, none of the conditions proposed would have the effect of eliminating the injurious effect of the project on the neighboring properties Pursuant to Section 17.38.110, Subsection A of the Zoning Ordinance of the City of Visalia, the Planning Commission must make certain findings in order to grant a conditional use permit application, and if such findings cannot be made, Subsection C of Section 17.38.110 provides that the Planning Commission may deny an application for a conditional use permit. Based upon careful consideration of the staff report and all pertinent testimony during the public hearing, the Planning Commission denied Conditional Use Permit No. 2024-29 because it was determined that the proposed use is not consistent with the policies and intent of the General Plan and Zoning Ordinance. The request to amend the existing Jack in the Box operating hours to 24-hour is not compatible with the existing residential character of existing neighborhoods to the west, southwest, and east of the site and none of the conditions proposed will have the effect of eliminating the inconsistency within the surrounding area. It is within the purview of the Planning Commission to deny a Conditional Use Permit if the Commission feels that the project does not meet the required findings.

Fiscal Impact:

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N/A
Prior Council Action:
· On September 16, 2024, a public hearing was held to consider an appeal of the Planning Commission’sdenial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operation for the Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120- 051). The item was continued to a date uncertain.

Committee/Commission Review and Action:
· On August 23, 2021, the Planning Commission approved Conditional Use Permit No. 2021-22, a request to build a 1,315 square foot Jack in the Box fast-food restaurant with a drive-thru lane on the northwest corner of East Tulare Avenue and South Lovers Lane by a 5-0 vote. · On August 12, 2024, the Planning Commission denied, by a 5-0 vote, Conditional Use Permit No. 2024-29, a request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Planning Commission’sdenial of Conditional Use Permit No. 2024-29, or
Alternative Motions:

I move to overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2024-29, subject to the applicant constructing a three-foot tall block wall to boarder the entirety of the drive-thru lane to provide immediate screening and to install landscaping vegetation to screen the wall upon as the vegetation matures, the construction of the three foot block wall and additional landscaping will require the submittal of building plans for review and approval along with issuance of a building permit, or
I move to direct the applicant to conduct further outreach to the neighborhood, or I move to continue the matter to a future City Council hearing.

Environmental Assessment Status: If the City Council denies the appeal and upholds the Planning Commission decision, no action needs to be taken on an environmental document subject to Section 15270 of the California Environmental Quality Act; or if the City Council overturns the Planning Commission’sdenial and approves Conditional Use Permit No. 2024-29, subject to conditions, a Categorical Exemption will be prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

CEQA Review: No action needed if the project is denied subject to Section 15270 of the California Environmental Quality Act.

Attachments:

1. Resolution No. 2024-52 denying the appeal and upholding Planning Visalia City Council Printed on 1/16/2025Page 4 of 5
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Commission’s denial of Conditional Use Permit No. 2024-29

2. Attachment 1- Correspondence from the applicant detailing outreach and proposed solution

3. Attachment 2 - Appeal by Patrice Roux

4. Attachment 3 - Planning Commission Staff Report dated August 12, 2024

5. Attachment 4 - Planning Commission Resolution No. 2021-42

6. Attachment 5 - Image showing location of three-foot wall

7. General Plan Land Use Map

8. Zoning Map

9. Aerial Map

10. Location Map
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RESOLUTION NO. 2024-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT NO. 2024-29, A REQUEST BY MIKE DAVIS TO AMEND CONDITION NO. 10 OF CONDITIONAL USE PERMIT NO. 2021-22, LIMITING THE HOURS OF OPERATION FROM 5:00 A.M. TO 12:00 A.M. FOR A JACK IN THE BOX FAST FOOD RESTAURANT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT SITE IS LOCATED AT 1145 SOUTH LOVERS LANE (APN: 100-120-051).

WHEREAS, Conditional Use Permit No. 2024-29, is a request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021 -22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C -N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051); and

WHEREAS, the Planning Commission of the City of Visalia, after a duly published public hearing notice, conducted said public hearing on August 12, 2024, and concluded said hearing on that date; and

WHEREAS, the Planning Commission of the City of Visalia does not find Conditional Use Permit No. 2024-29 to be in accordance with Chapter 17.38 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and

WHEREAS, the Planning Commission denied Conditional Use Permit No. 2024-29 based on the findings contained in this Resolution Nos. 2024-46, consistent with Visalia Municipal Code Section 17.38.110.C; and

WHEREAS, an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, was received on August 21, 2024; and

WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on September 16, 2024; and

WHEREAS, the City Council finds the denial of Conditional Use Permit No. 2024-29 was made in accordance with Chapter 17 .38 (Conditional Use Permits) of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and

WHEREAS, if the project is denied, no action needs to be ta ken on an environmental document.

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

1. That the proposed use is not consistent with the policies and int ent of the General Plan and Zoning Ordinance. The request to amend the existing Jack in the Box operating hours to 24 -hour is not compatible with the existing residential character of existing 638
neighborhoods to west, southwest, and east of the site and none of the conditions proposed will have the effect of eliminating the inconsistency.

That the proposed use is not compatible with adjacent residential land uses because the project's neighborhood commercial zoning designation, its proximity to sensitive land uses, and requested intensification of operating hours, which will have a direct impact to the neighboring residential uses by interfere with the enjoyment of properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity; none of the conditions proposed will have the effect of eliminating the injurious effect of the project on the neighboring properties.

BE IT FURTHER RESOLVED that the City Council denies the appeal , and upholds the denial of Conditional Use Permit No. 2024-29 on the real property here in above described in accordance with the terms of this resolution, and under the provisions of California Government Code Section §66474, and Sections 16.16.115 and Section 17.38.110 of the Subdivision and Zoning Ordinances of the City of Visalia.

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From: Patrice Roux <[email protected]>
Sent: Tuesday, November 26, 2024 5:54 PM
To: Josh Dan
Subject: FW: Jack in The Box Lovers Lane
Aachments: Le,er Jack in The Box Lovers Lane 2024.pdf

Josh

Please see below the note:

Note:

A1er the council mee2ng with the City I exchange my phone number with Deborah and ask her to call me to come up with a solu2on to her concerns.

She never called me.
10 days a1er that mee2ng I stopped at her place with my wife to ask her if she contacted all the neighbors and ask her if we can have a mee2ng to discuss a solu2on. She was pre,y upset and aggressive in her talks. Not willing to discuss any solu2on.

I them reach to Steven from the City for help. Steven told me he will try to talk to her to see if we can have a resolu2on to that situa2on of Jack in the Box being 24 hours 7 days a week for our opera2on.

Soluon:

My solu2on regarding this situa2on is to con2nue to have the bushes along the DT Area grown to a 3 feet height. I reach to our landscaper to monitor the situa2on and add if necessary more bushes to achieve the desire height of 3 feet.

Our desire all along has been to be in compliance with the City direc2on and the well-being of the neighborhood

Thanks

Patrice Roux
VTP Enterprises dba Jack in the Box
1660 N Farmersville Blvd.

Farmersville, CA 93223
Phone: 559-625-4887
Fax: 559-627-5887
Cell: 626-848-2601

Privileged and Confidential: Unless otherwise indicated the information contained in this message is privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. If you have 640
received this communication in error, please advise the sender by reply e-mail and then delete the message. Thank you.

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REPORT TO CITY OF VISALIA PLANNING COMMISSION

HEARING DATE: August 19, 2024

PROJECT PLANNER: Josh Dan, Senior Planner
Phone No.: (559) 713-4003
E-mail: [email protected]

SUBJECT: Conditional Use Permit 2024-29: A request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021 -22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).

STAFF RECOMMENDATION
Staff recommends approval of Conditional Use Permit No. 2024-29, amending Condition of Approval No. 10 for Conditional Use Permit No. 2021 -22, as conditioned in Resolution No. 2024-46, based on the project’s consistency with the General Plan and Zoning Ordinance.

RECOMMENDED MOTION
I move to approve Conditional Use Permit No. 20 24-29 based on the findings and c onditions in Resolution No. 2024-46.

PROJECT DESCRIPTION
On August 23, 2021, the applicant obtained approval of Conditional Use Permit No. 2021 -22 to allow the development of a new 1,315 square foot Jack in the Box restaurant with drive -thru on a 1.11-acre parcel in the C -N (Neighborhood Commercial) Zone. During the entitlement process, the applicant requested to allow the fast -food restaurant to operate 24-hours a day, consistent with other Jack in the Box restaurants located in the City. However, during the public hearing, one person from the public spoke in opposition to the applicants request to operate 24- hour a day. The Planning Commission, understanding the concern, opted to include a condition limiting the hours of operation from 5:00 A.M. to 12:00P.M. (midnight). This condition was included as Condition No. 10 of Resolution No. 2024 -46. A copy of Resolution No. 2021 -42 is attached to this staff report.

Construction of the Jack in the Box restaurant
at the northwest corner of South Lovers Lane
and East Tulare Avenue was completed on
September 21, 2022. The applicant had
inquired with staff on multiple occasions on
regarding the process to amend the operating
hours condition. Through these discussions ,
staff encouraged the applicant to operate for
at least a year and then consider an
amendment to the approved entitlement.

The Jack in the Box fast -food restaurant has
been in operation for over a year. To date, there has not been a single complaint or concern from the public regarding the restaurant.
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BACKGROUND INFORMATION
General Plan Land Use Designation: Commercial Neighborhood Zoning: C-N (Neighborhood Commercial)
Surrounding Zoning and Land Use: North: C-MU (Commercial Mixed Use) – Vacant South: Tulare Avenue, O-PA (Professional
Administrative Office) – existing Visalia
Wellness Center
East: Lovers Lane, O-PA (Professional Administrative
Office) – Vacant (entitled duplexes)
West: C-N (Neighborhood Commercial) – Single family
residence.

Environmental Review: Categorical Exemption No. 2024-40 Site Plan: 2020-198

RELATED PLANS AND POLICIES
All related plans and policies are reprinted in the attachment to this staff report entitled “Related Plans and Policies”.

RELATED PROJECTS
On August 23, 2021, the Planning Commission approved Conditional Use Permit No. 2021 -22, a request to build a 1,315 square foot Jack in the Box fast-food restaurant with a drive-thru lane on the northwest corner of East Tulare Avenue and South Lovers Lane by a 5-0 vote.

PROJECT EVALUATION
Staff recommends approval amending the condition on the operating hours based on project consistency with the General Plan and the Zoning Ordinance.

Land Use Compatibility
Fast food restaurant uses , with a drive -thru lane, are considered a “permitted use” in the C -N zone subject to the drive -thru performance standards established in Section 17.32.162 of the VMC. A C onditional Use Permit was warranted based on the drive-thru not comply ing with subsection B(1) of the above reference section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property.

The 2021 staff report analyzed the use, based on its layout and proximity to residences , was consistent and similar to other fast-food drive-thru uses approved in the city which were located within 250-feet of a residence or residentially zoned parcel.

Conditions of Approval and Limitation to Hours of Operation Planning Commission meeting of August 23, 2021
During the public hearing, the applicant clarified to the Planning Commission that the fast -food restaurant was seeking to operate 24 hours a day which was not consistent with the hours noted on the application form which listed operating hours from 6:00 A.M. to 12:00 A.M. (midnight). Staff stated during the presentation of the item that fast food facilities were not limited to specific operating hours in the Municipal Code but would have to comply with the Noise Ordinance (VMC Chapter 8.36). Additionally, none of the other four Jack in The Box 1362
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restaurants in Visalia operated with limited hours. Additional testimony was received from a member of the public who spoke and shared their concerns for the 24/7 operating hours, based on the projects proximity to abutting residences and Pinkham Elementary School which is approximately 1,321-feet to the west.

Discussion amongst the Planning Commissioners resulted in the Commission concluding that it might be more appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development came to the site and provided more buffer to the abutting residences. The project was approved subject to a condition that limited the hours of operation as described in this staff report.

Staff Analysis
The applicant has provided a narrative and letter to the Commission in Exhibits “B” and “C” in support of their request to modify the hours of operation for the Jack in the Box fast -food restaurant. Both exhibits by the applicant identif y the project’s compliance with the municipal code, operational history at the site, and no public complaint s received at the site . The applicant attributes their success of operating a business in compliance with all City codes due to the management structure in which the business is operated. Additionally, the applicant identifies that “the need to operate 24/7 is directly tied to the increased minimum wage requirement by the State”.

Based on reviewing the sites operating history, staff supports the request of the applicant, on the basis that the project site and operator have operated in good standing over the past year without any issues reported to the Neighborhood Preservation / Code Enforcement Division.

Approving the modified hours of operation would not be inconsistent. There have been several similar approvals for fast -food restaurants to operate 24 hours a day within proximity of residential development. If the Planning Commission were to approve this request, the business is still subject to compliance with the City’s Noise Ordinance. If substantiated complaints are received, it would result in the site being declared a public nuisance, staff would seek to initiate the process of getting the business/site into compliance including initiating the CUP amendment process to modify hours of operation.

Environmental Review
The requeste d action is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40). Projects determined to meet this classification consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the use beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized in the Class 1 are not intended to be all-inclusive of the types of projects.

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RECOMMENDED FINDINGS

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed fast -food restaurant.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.

3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40).

RECOMMENDED CONDITIONS OF APPROVAL

1. That all conditions of Conditional Use Permit No. 2021 -22, adopted per Resolution No. 2021-42 shall remain applicable, except for the hours of operation as revised by this Conditional Use Permit.

2. The hours of operation shall be modified to allow 24 -hour, 7-day a week operation of the Jack in the Box Restaurant on the site.

3. Failure to comply with all conditions as set forth may result in the revocation of Conditional Use Permit No. 2024-29, per Visalia Municipal Code Section No. 17.38.040.

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe Street, Visalia California. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.

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Attachments:
• Related Plans and Policies
• Resolution
• Exhibit “A” – Project Narrative
• Exhibit “B” – Letter to the Commission
• Site Plan Review Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Photo
• Location Map
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Related Plans and Policies

Chapter 17.18: PLANNED COMMERCIAL ZONES

17.18.060 Development standards in the C-N zone.

The following development standards shall apply to property located in the C -N zone:

A. Minimum site area: five (5) acres.

B. Maximum building height: fifty (50) feet.

C. Minimum required yards (building setbacks):

1. Front: fifteen (15) feet;

2. Rear: zero (0) feet;

3. Rear yards abutting an R-1 or R-M zone district: fifteen (15) feet;

4. Side: zero (0) feet;

5. Side yards abutting an R-1 or R-M zone district: fifteen (15) feet;

6. Street side yard on corner lot: ten (10) feet.

D. Minimum required landscaped yard (setback) areas:

1. Front: fifteen (15) feet;

2. Rear: five (5) feet (except where a building is located on side property line);

3. Rear yards abutting an R-1 or R-M zone district: five (5) feet;

4. Side: five (5) feet (except where a building is located on side property line);

5. Side yards abutting an R-1 or R-M zone district: five (5) feet;

6. Street side on corner lot: ten (10) feet.

D.1.163 Drive-thru lanes performance standards.

A. Purpose and Intent. It is the purpose of this section to specify performance standards applicable to uses that seek to incorporate a drive-thru lane in association with a specified use. This section does not apply to carwashes and lube and oil changing stations.

B. Performance standards:

1. Separation from residences. The drive-thru lane shall be no less than two hundred fifty (250) feet from the nearest residence or residentially zoned property.

2. Stacking. The drive-thru lane shall contain no less than ten (10) vehicle stacking, measured from pickup window to the designated entrance to the drive-thru lane. There shall be no less than three vehicle spaces distance from the order menu/speaker (or like device) to the designated entrance to the order window.

3. Circulation. No portion of the drive-thru lane shall obstruct any drive aisles or required on-site parking. The drive-thru shall not take ingress or egress from a local residential road.

4. Noise. No component or aspect of the drive-thru lane or its operation shall generate noise levels in excess of 60 dB between the hours of 7:00 p.m. and 6:00 a.m. daily.

5. Screening. The entire drive-thru lane shall be screened from adjacent street and residential view to a height of three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the City Planner.

6. Menu boards and signage. Shall be oriented or screened to avoid direct visibility from adjacent public streets. (Ord. 2017-01 (part), 2017: Ord. 2014-07 § 3, 2014) 1366
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Table 17.25.030

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Resolution No. 2024-46
RESOLUTION NO. 2024-46

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2024-29, A REQUEST BY MIKE DAVIS TO AMEND CONDITION OF APPROVAL NO. 10 OF CONDITIONAL USE PERMIT NO. 2021-22, LIMITING THE HOURS OF OPERATIONS FROM 5:00 A.M. TO 12:00 A.M. FOR A JACK IN THE BOX FAST FOOD RESTAURANT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT SITE IS LOCATED AT 1145 SOUTH LOVERS LANE (APN: 100-120-051).

WHEREAS, Conditional Use Permit No. 2024-29 is A request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021 -22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C -N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on August 19, 2024; and

WHEREAS, the Planning Commission of the City of Visalia finds the Conditional Use Permit to be in accordance with Section 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and

WHEREAS, the Planning Commission finds the project to be Categorically Exempt consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15301.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
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Resolution No. 2024-46

BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Conditional Use Permit on the real property here described in accordance with the terms of this resolution under the provisions of Section 17.38.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That all conditions of Conditional Use Permit No. 2021 -22, adopted per Resolution No. 2021-42 shall remain applicable, except for the hours of operation as revised by this Conditional Use Permit.

2. The hours of operation shall be modified to allow 24 -hour, 7-day a week operation of the Jack in the Box Restaurant on the site.

3. Failure to comply with all conditions as set forth may result in the revocation of Conditional Use Permit No. 2024 -29, per Visalia Municipal Code Section No.

17.38.040.
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To whom it may concern:

The owner/operator of the Jack in the Box restaurant location at 1145 S. Lovers Lane (northwest corner of Lovers Lane and Tulare Avenue) is requesting a CUP amendment to revise the hours of operation to 24-hours per day.

Per Condition 10 of Resolution No. 2021-42, the operation hours are restricted to 5:00AM to midnight. The operator has determined that in order to maximize sales revenue, it is in their best interest to provide 24-hour service.

This restaurant represents the closest quick-serve restaurant to a large portion of Visalia residents, especially those living east of Lovers Lane, so the increased hours of operation would provide options to those who may be seeking food during this timeframe.

The 24-hour operations would be in line with other nearby commercial properties along Lovers Lane which are listed as 24-hour (including Shell at Lovers Lane & Walnut and both ARCO/AMPM and 7-Eleven at Lovers Lane & Noble).

This location does not provide any outdoor dining and focuses primarily on drive- thru service, which would mitigate noise concerns due to patrons conversing outside the restaurant or in the parking lot. The drive-thru speaker is approximately 200 feet from the adjacent residences (measured from the speaker to the home structure).

The drive-thru lanes are oriented such that vehicles would point east and north, with their headlights directed away from the adjacent residences. It is assumed that customer volumes at this time will be relatively low, so drive-thru patrons may order promptly and pull to the service window on the east side of the building by Lovers Lane, where the building will provide shielding and there would not be a large queue lane generated parallel to Tulare closer to the homes. As such, it is assumed that the additional operational hours would not adversely impact the nearby residents.

Exhibit "A"
1370
659
To: Visalia City Planning Commission
From: Mike Davis & Patrice Roux
Re: Amendment to Conditional Use Permit 2024-29 (August 12, 2024 Meeting)

HISTORY
VTP Enterprises has been a part of the community of the Central Valley since 1987. VTP even took its name by combining the initials of the cities it felt closest to (Visalia, Tulare, and Porterville). Back in 1987, VTP started with 5 Jack in the Box restaurants. By 2016, the count was up to 14.

GROWTH
VTP has expanded its JIB restaurant sites by opening new restaurants in 2016 (Farmersville), 2019 (Plaza), 2020 (Bardsley), 2022 (Shannon), 2023 (Lovers Lane).

Currently we are on schedule to open new JIB sites in late 2024 (Oaks Marketplace), 2025 (Exeter), 2025 (Orosi), 2025 (Demaree).

COST TO DO BUSINESS
We have choice to make as business owners. As our costs go up, prices follow. One of the major reasons we are requesting 24/7 service is to help minimize price increases. The increases are directly related to the in in the minimum wage to $20. We prefer to provide more jobs than to simply raise prices. If we are granted 24/7 service, we anticipate adding 4 full time positions at our Lovers Lane location.

Due to the high cost of food and labor, these days most Quick Service Restaurants are not open 24/7.

The difference with our Brand is that Jack in the Box caters and advertises to the late-night crowd. In fact, our restaurants have 40% of our day-to-day sales come after 9pm.

OUR NEIGHBORHOOD
Since we opened on May 8, 2023, we have yet to have one complaint on any issue from any neighbor.

We keep our site clean and well landscaped.

CURRENT HOURS
Our Lovers Lane site is currently open from 5am – Midnight. We respectfully request you grant us 24/7 service.

Thank you,
Mike Davis & Patrice Roux
Current partners of VTP Enterprises
Exhibit "B"
1371
660
1372
661
1373
662
1374
663
1375
664
1376
665
1377
666
1378
667
1379
668
1380
669
1381
670
1382
671
1383
672
673
674
675
Location of
3-ft wall
E. Tulare Ave.

S. Lovers Lane
Attachment No. 5
676
General Plan
Land Use Map
E Tulare Ave
S Lovers Lane
S Arkle St
E Laurel Ave
Vicinity Map
Dinuba
Riggin
Mooney
Court
Demaree
M
a i n
Walnut
G o s h e n
H o u s t o n
Noble
Lovers Lane
Akers
Hwy 99
Shirk
P
l
a
z
a
Betty
Hwy 198
.Commercia Mixed Use
Commercial Neighborhood
Office
Residential Low Density
Project Site
0 0.01 0.030.01 Miles
677
Zoning Map
E Tulare Ave
S Lovers Lane
S Arkle St
E Laurel Ave
Vicinity Map
Dinuba
Riggin
Mooney
Demaree
Court
M
a i n
Walnut
G o s h e n
H o u s t o n
Noble
Lovers Lane
Caldwell
Akers
Hwy 99 Shirk
P
l
a
z
a
Betty
Hwy 198
.

C-N Neighborhood Commercial
C-MU Mixed Use Commercial
O-PA Professional / Admin Office
R-1-5 Single-family Residenital
Project Site
0 0.01 0.030.01 Miles
678
Aerial Map
E Tulare Ave
S Lovers Lane
S Arkle St
E Laurel Ave
Vicinity Map
Dinuba
Riggin
Mooney
Demaree
M
a i n
Walnut
G o s h e n
H o u s t o n
Noble
Lovers Lane
Caldwell
Akers
Hwy 99 Shirk
P
l
a
z
a
Betty
Hwy 198
.

Project Site
0 0.02 0.040.01 Miles
679
Vicinity
E Tulare Ave
S Lovers Lane
S Arkle St
E Laurel Ave
Vicinity Map
Dinuba
Riggin
Mooney
Demaree
Court
M
a i n
Walnut
G o s h e n
H o u s t o n
Noble
Lovers Lane
Caldwell
Akers
Hwy 99 Shirk
P
l
a
z
a
Betty
Hwy 198
.

Project Site
0 0.01 0.030.01 Miles
680

CITY OF VISALIA
C i t y C o u n c i l H e a r i n g
J a n u a r y 2 1 , 2 0 2 5
Appeal of Planning Commission Denial of:

CUP 2024-29: Jack in the Box Amendment
City of Visalia - Planning Division
681
City of Visalia - Planning Division
Department
Recommendation
• Receive staff presentation,
• Hold public hearing, and,
• Adopt Resolution No. 2024-52 denying
the appeal and upholding the Planning
Commission’s denial.
682
City of Visalia - Planning Division
Alternative
Motions

2. Direct the applicant to conduct further outreach to the neighborhood; or

3. Continue the matter to a future City Council hearing. 683
City of Visalia - Planning Division
Summary
The applicant is appealing the decision of the Planning Commission’s denial to amend the hours of operation for a Jack in the Box fast-food restaurant • Previously approved per Conditional Use Permit (CUP) No. 2021-22, • Located at 1145 South Lovers Lane.
• The amendment request was to modify the operating hours from 5:00 a.m. to 12:00 a.m. (midnight), as originally conditioned by the Planning Commission, to 24-hours a day. • The Planning Commission initially adopted the hours of operations after receiving public comment (in 2021) in opposition to the applicant’s initial request to permit this fast-food restaurant to operate 24-hours a day.
• At the September 16, 2024, City Council meeting, the City Council heard from the applicant and one person from the public who opposed the requested amendment. • Council requested the applicant and neighbor work together to find a solution that both parties could come to an agreement on and return once that agreement had been achieved. 684
City of Visalia - Planning Division
Summary Continued
• Council requested the applicant and neighbor work together to find a solution that both parties could come to an agreement on and return once that agreement had been achieved.
• Since that time:
• The applicant reached out to the neighbor to find an amicable solution for both parties and the applicant detailed that the neighbor has not been willing to find an amicable solution. • This led the applicant to suggest the planting of more landscape shrubbery along the drive-thru lane to better screen the lane and vehicle headlights.
685
City of Visalia - Planning Division

LOCATION

DESCRIPTION
• Previous CUP No. 2021-22
was approved on August
23, 2021.
• Condition No. 10 was
added limiting hours.
• Hours have been limited
from 5:00AM to 12:00AM
(midnight)
2021
2024
686
Neighborhood Commercial

PROJECT SITE
ZONING
687
688
City of Visalia - Planning
689
690
City of Visalia - Planning
Background and Discussion
• On August 23, 2021, CUP No. 2021-22 was presented to the Planning Commission requesting to permit the development of approximately 1.12-acres of C-N zoned property with a 1,315 square foot Jack in the Box restaurant. • The fast-food restaurant was designed with only a walk-up window and drive-thru lane; with no indoor dining provided. • Fast food restaurant uses, with a drive-thru lane, are considered a “permitted use” in the C-N zone subject to the drive-thru performance standards established in Section 17.32.162 of the Visalia Municipal Code (VMC). • A Conditional Use Permit was warranted based on the drive-thru not complying with subsection B(1) of the above reference section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property. • The applicant clarified, during the public hearing, that the fast-food restaurant was seeking to operate 24-hours a day. • Fast-food facilities are not limited to specific operating hours in the Municipal Code but would have to comply with the Noise Ordinance (VMC Chapter 8.36).
• None of the other Jack in the Box restaurants in Visalia operate with limited hours. • The Planning Commission deliberation on the 24-hour operation request, concluded that it would be appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development came to the site which may provide additional buffers to the nearby residential homes. • The Planning Commission, understanding the concern, opted to include Condition No. 10 limiting the hours of operation from 5:00 A.M. to 12:00 P.M. (midnight).
• Construction of the Jack in the Box restaurant was completed on September 21, 2022. The applicant had inquired with staff on multiple occasions to amend the hours of operation condition. Through these discussions, staff encouraged the applicant to operate for at least a year and then consider an amendment to the approved entitlement. 691
City of Visalia - Planning
Background and Discussion Cont.
• On August 12, 2024, CUP No. 2024-29 was heard before the Planning Commission. • This amendment request was seeking to expand the restaurant’s hours of operation to 24-hours a day. • The applicant provided a narrative and letter to the Commission in Planning Commission in support of their request to modify the hours of operation for the Jack in the Box fast-food restaurant. • The applicant attributed their success of operating a business in compliance with all City codes due to the management structure in which the business is operated.
• Additionally, the applicant identified that “the need to operate 24/7 is directly tied to the increased minimum wage requirement by the State”. • Staff supported the request of the applicant, on the basis that the project site and operator have operated in good standing over the past year without any issues reported to the Neighborhood Preservation / Code Enforcement Division.
• During the public comment period, the Planning Commission received verbal and written comments detailing concern with the request for extended hours of operation as it would have an adverse impact on neighboring sensitive land uses.
• During the Planning Commission’s deliberation, a majority of the Commissioners noted the request to operate 24-hours a day would pose incompatibility issues with the existing residential uses in close proximity. • Commissioners also identified that other sites in the City operating 24-hours a day are not as closely located to sensitive land uses, having other commercial buffers between them and neighboring residences. • Based on issues stated by the Planning Commission, the Commission denied the CUP amendment by a 5-0 vote. A copy of the Planning Commission staff report is attached to this report as Attachment 2. 692
City of Visalia - Planning
Appeal Analysis
• The Planning Commission’s discussion, which ultimately lead to their recommendation to deny the project, focused on the project’s inconsistency with the surrounding residential uses. • Several of the Planning Commissioners stated that the proposed amended hours of operation to a 24-hour drive thru- use is not compatible with adjacent residential land uses because the project's proximity to sensitive land uses, and requested intensification of operating hours, will have a direct impact to the neighboring residential uses by interfering with the enjoyment of properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity. In addition, none of the conditions proposed would have the effect of eliminating the injurious effect of the project on the neighboring properties • The Planning Commission denied Conditional Use Permit No. 2024-29, Pursuant to Section 17.38.110, Subsection A of the Zoning Ordinance of the City of Visalia.
• It was determined that the proposed use is not consistent with the policies and intent of the General Plan and Zoning Ordinance. • The request to amend the existing Jack in the Box operating hours to 24-hour is not compatible with the existing residential character of existing neighborhoods to the west, southwest, and east of the site and none of the conditions proposed will have the effect of eliminating the inconsistency within the surrounding area.
• It is within the purview of the Planning Commission to deny a Conditional Use Permit if the Commission feels that the project does not meet the required findings.
693
City of Visalia - Planning Division

RECOMMENDATION
Deny the approval and upholding the Planning
Commission’s denial of Conditional Use Permit
No. 2024-29
Staff Recommends
Alternative Motion

2. Direct the applicant to conduct further outreach to the neighborhood; or

3. Continue the matter to a future City Council hearing. 694
City of Visalia - Planning Division

QUESTIONS
695
City of Visalia - Planning
Wall Location
696
697
City of Visalia - Planning
698
699
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0568 Agenda Date: 1/21/2025 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: Visalia Unified School District, a California School District APN: 124-010-015 (previously 126-130-031) (portion)
Purpose: Right of Way Easement
Brief Description: Caldwell Improvement Project Santa Fe to Lovers Lane Price: $101,000.00
Closing Date: 12/18/2024
Closed Session Council Date: 10/7/2024
Project Manager: Eric Bons
Visalia City Council Printed on 1/16/2025Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0377 Agenda Date: 1/21/2025 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, February 3, 2025 @ 7:00 p.m. at 707 W. Acequia
Tuesday, February 18, 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 Printed on 1/16/2025Page 1 of 1
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Visalia City CouncilJanuary 21, 2025

Visalia City Council
January 21, 2025