Planning Commission Staff Report for ZTA 2024-02 final — Visalia City Council, February 3, 2025

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

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

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.

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

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

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

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

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

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

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

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

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

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.

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 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.

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.

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

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.

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 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, later 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
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).

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)

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;

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.

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

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 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 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).

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.

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.

“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.

“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.

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.

“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.

“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.

“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” 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.

“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.

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.

"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.

“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.

“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.

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.

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.

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.

RESOLUTION NO. 2024-70

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.

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.

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.

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.

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.

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

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

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

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

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.

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

‘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

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

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

• 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.

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’.

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.

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,

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.

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

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.

Visalia City CouncilFebruary 3, 2025

Visalia City Council
February 3, 2025