the following actions or notices have been issued for non-compliance, shall not be eligible to obtain a Cannabis Business License from the City or from employment with a Cannabis Business Licensee in the City of Visalia:
(1) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority;
(2) The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of City ordinances, codes, and requirements , and failed to cure the violation in a timely manner;
(3) Evidence that the applicant is delinquent in payment of f ederal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
(4) As of August 3, 2026 , applicant was conducting cannabis activity in the City of Visalia in violation of local and state law.
(B) No person shall be issued a Cannabis Business License to operate if that person enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner, commercial broker or any third party, that is in violation of Sections 4.04.080 and 4.04.090 (A) of this Code.
4.04.100 Number and Type of Authorized Cannabis Businesses Licensed.
Unless and until otherwise established by resolution of the City Council, the allowable number of any and all types of cannabis businesses as defined under Section 26050(a) of the California Business and Professions Code shall be set at zero , with the exception of Delivery only medical marijuana retail businesses which shall not be limited as required by CA Senate Bill 1186, The “Medicinal Cannabis Patients’ Right of Access Act.”
(A) The City Council may at any time by resolution choose to set an allowable number greater than zero for any or all types of cannabis businesses to be licensed to operate within the City, other than manufacturing using any volatile solvent or any commercial cultivation other than the Processor sub license type, as those uses shall be prohibited.
(B) The permissive language in this ordinance describing the terms and conditions under which any type of commercial cannabis business may operate shall not be interpreted to allow such businesses unless or until such time as the City Council sets an allowable number greater than zero by resolution as described under Section 4.04.100(A).
(C) The City Council shall not allow any person, business or facility that conducts commercial cannabis cultivation other than the Processor sub license type or manufacturing using 247
any volatile solvent to be licensed to operate within the City other than by amendment to this ordinance.
4.04.110 Community Benefits.
(A) The application procedure process shall include a component on community benefits , which shall be negotiated and agreed to by the City.
(B) Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the City’s approval, if and when a Cannabis Business License is issued. Such terms and conditions shall be in addition to the requirements of this Chapter.
(C) Delivery only medical marijuana retail business applicants are not required to execute a Community Benefit Agreement.
4.04.120 City’s Reservation of Rights.
The City reserves the right to reject any or all applications for a Cannabis Business License. Prior to such license issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law . Persons submitting applications assume the risk that all or any part of the program, or any particular category of license potentially authorized under this Chapter, may be cancelled at any time prior to license issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application.
In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:
(A) The application was received after the designated time and date of the deadline.
(B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to th e request for a license application, i.e. was substantially incomplete.
4.04.130 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications.
(A) The City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of cannabis business license applications by resolution.
(B) The Procedure Guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications.
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(C) The Procedures Guidelines shall include an objective checklist of required documentation to ensure that all applications are complete and have provided all necessary information to meet the required criteria.
(D) The Review Criteria shall include detailed instructions on the methodology to be used for the final selection process to determine which applicants will be granted licenses.
(E) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Procedure Guidelines and Review Criteria.
(F) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.
(G) A delivery only medical marijuana retail business may be issued their cannabis business license by demonstrating they completed background review requirements and that their proposed business will meet all applicable operational requirements and qualifications identified in Chapter 4.04 for a cannabis business and pay all appropriate fees.
4.04.140 Exercise of a Cannabis Business License.
(A) Each Cannabis Business License issued pursuant to this Chapter shall expire on June 30th following the date of issuance. Cannabis Business Licenses may be renewed as provided in section 4.04.180.
(B) A Cannabis Business License that has not begun operations at a site within Visalia shall be considered conditional and shall be exercised within twelve (12) months of issuance or be subject to revocation under section 4.04 .200. Exercised shall be when any of the following occur:
(1) A Certificate of Occupancy has been issued,
(2) The permitted use(s) has commenced on the site, and
(3) A City Building Permit or Grading Permit is secured, and construction lawfully commenced.
4.04.150 Scope of Approval.
(A) If a location has not been in regular and continuous operation in the preceding four (4) months, it shall be considered abandoned unless mitigating circumstance occur which was beyond the control of the Licensee and an extension has been authorized by the City Manager.
(B) The approval of a new use shall terminate all rights and approvals of a Cannabis Business 249
License occupying the same site or location.
4.04.160 Reapplying for a Cannabis Business License.
If an application is denied a license due to a disqualifying factor such as failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken , a new application may not be filed for one (1) year from the date of the denial. This section shall not apply to an approved applicant not awarded a license resulting from the City not selecting them for one of the licenses in the application process.
4.04.170 Term of a Cannabis Business License.
All licenses issued under the provisions of this chapter shall be effective for a period not to exceed one (1) year, other than their initial term which may be shorter or longer to align with the June 30th renewal date. The City Manager may renew a license through the procedures identified in section 4.04.180 of this Code.
4.04.180 Renewal of Cannabis Business Licenses.
(A) All Cannabis Business Licenses shall expire on June 30 of each year and shall require annual renewal. A Cannabis Business License granted to businesses that have not begun operations at a site within Visalia shall be automatically renewed but is subject to revocation if the Cannabis Business Licensee has not completed the requirements stated in section 4.04. 140(B) within twelve month s of the date the Cannabis Business License was initially issued by the City.
(B) An application for renewal of a Cannabis Business License shall be filed at least sixty (60) calendar days prior to the expiration date of the current license.
(C) The renewal application shall contain all the information required for new applications.
(D) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal license application, together with any costs incurred by the City to administer the program created under this Chapter.
(E) An application for renewal of a Cannabis Business License shall be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shorter time period which shall be at the discretion of the City Manager.
(2) The Cannabis Business License is suspended or revoked at the time of the application.
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(3) The Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager. This does not apply to new cannabis businesses in their first cannabis business license year that may not have yet opened their business.
(4) The Cannabis Business has failed to conform to the requirements of the Cannabis Business License or this Chapter or any regulations adopted pursuant to this Chapter.
(5) The licensee fails or is unable to renew its State of California license.
(6) If the state has determined, based on substantial evidence, that the licensee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Business License.
(F) The City Manager is authorized to make all decisions concerning the issuance of a renewal license. In making the decision, the City Manager is authorized to impose additional conditions to a renewal license, if it is determined to be necessary to ensure compl iance with state or local laws and regulations or to preserve the public health, safety, or welfare.
Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.
(G) If a renewal application is denied, a person may file a new application pursuant to this Chapter not sooner than one (1) year from the date of the denial.
4.04.200 Revocation of Licenses.
(A) Cannabis Business Licenses may be revoked for any violation of any state or local laws, and/or rule s, and/or standard s, policies, procedures, or regulations in this Chapter relating to cannabis.
(B) A Cannabis Business License may be revoked from any Licensee that has not received their Certificate of Occupancy, is open, and operating within 24 months of initial issuance of their Commercial Cannabis Business License.
4.04.210 Effect of State License Suspension.
Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the State of California or its respective department or division reinstates or reissues the State license.
4.04.220 Effect of State Revocation.
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Revocation of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the State of California or its respective department or division takes appropriate action. Should the state revoke a license, the cannabis business owner may re-apply for a local license at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured.
4.04.230 Appeals.
Appeals relating to denial of an application or other process established by the City Council ; to revoke or suspend a license; to deny renewal of an application for a license; or to add conditions to a license shall be conducted as prescribed in this Chapter.
4.04.240 Written Request for Appeal.
(A) Within ten (10) calendar days after the date of a decision of the City Manager to revoke, suspend or deny an initial or renewed license application or to add conditions to a license, an Applicant or Licensee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper.
(B) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.
4.04.250 Grounds for Appeal.
(A) Denial of Initial License Decision. A hearing officer appointed by the City Manager will hear appeals that address the following issues:
(1) Any deviation from the City’s published Procedure Guidelines and Review Criteria that adversely affected the applicant by altering the outcome of the City’s decision on the Applicant’s application. Examples of appealable deviations are:
(a) Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the Applicant prior to the time the application was submitted;
(b) Failure on the part of the City to provide an Applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
(B) Any appeal based upon this Section 4.04.250 must be supported by evidence that the Applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application f orm but 252
appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
(C) A hearing officer appointed by the City Manager shall hear appeals relating to denial of a renewed application, to revoke or suspend a license, or to add conditions to an existing license.
4.04.260 Appeal Hearing Process.
(A) Within ten (10) calendar days after service of the notice of the decision of the City Manager to deny, revoke or suspend a license, to deny a renewed application for a license; or to add conditions to a license, the applicant or licensee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial license application appeal, reasons shall be stated with specificity and shall address the issues outlined in Section 4.04.250 (a). Date of service shall mean the date when a notice or written decision was personally delivered to the Applicant or licensee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal. It should be noted this appeal hearing process is limited to appeals of discretionary actions taken by the City of Visalia under this Chapter 4.04 and does not apply to any appeal related to decisions under the City of Visalia Zoning Ordinance, including but not limited to decisions by the Visalia Planning Commission for a Conditional Use Permit, which are to be addressed under the Zoning Ordinance.
(B) The Notice of Appeal shall be in writing a nd signed by the person making the appeal (“Appellant”), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant.
(2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.
(5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing.
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(6) An appeal fee as established by Resolution of the City Council.
(C) Failure of t he City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Mana ger. In this event, the City Manager’s notice of revocation, nonrenewal, or suspension shall be final.
(D) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
(E) If no appeal is timely filed in the event of a decision of nonrenewal, the Cannabis Businesses License shall expire at the conclusion of the term of the license. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.
4.04.270 Administrative Hearing and Proceedings.
(A) Review by City Manager, Appointed Hearing Officer or Body; Administrative Hearing and Proceedings.
(1) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before the City Manager, hearing officer or body as set forth by the City Council by Resolution.
(2) Upon receipt by the City Clerk of a timely -filed Notice of Appeal pertaining to suspensions, revocations, or non-renewals the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant , then the City Clerk shall schedule the appeal to be heard within forty-five (45) days or as reasonably possible.
(3) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“notice of appeal hearing”).
(4) A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City Manager, appointed hearing officer or body may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so.
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(B) At the date, time and location set forth in the Notice of Appeal hearing, the City Manager, appointed hearing officer or body shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
(C) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an Applicant’s application.
(3) The issuance of the City Manager’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation.
(4) The hearing officer or body may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause.
The hearing officer or body shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense.
(6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(D) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Manager, appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal a nd a failure to exhaust all administrative remedies. In such instances, the City Manager’s notice of decision is final and binding.
(E) Final Decision. Following the conclusion of the administrative hearing, the City Manager, appointed hearing officer or body shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) 255
specifies the reasons for the decision.
(F) The written decision of the City Manager, appointed hearing officer or body shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(G) A copy of the written decision shall be served by certified, first class mail on the appellant.
If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
4.04.280 Change in location; updated application form.
(A) If a Licensee at any time desires to change the location where any portion of the licensed activity is conducted, the Licensee shall first submit an updated application form to the City Manager for approval prior to the change in location . The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 4.04.180 and 4.04.280.
(B) Within fifteen (15) calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this Chapter, including any change in the cannabis business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee.
4.04.290 Transfer of Cannabis Business License.
(A) The owner of a Cannabis Business License shall not transfer ownership or control of the license to another person or entity unless and until the transferee obtains an amendment to the license from the City Manager stating that the transferee is now the licensee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Business License). The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee) . The transferee’s application will be treated as a new application, and will be evaluated according to procedures adopted by the City Manager, pursuant to Section 4.04.130, or Resolution by the City Council.
(B) Cannabis Business Licenses issued through the grant of a transfer by the City Manager shall be valid for a period of one year, or until June 30th and shall be renewed in the same manner as a newly issued Cannabis Business License that is conditional on completion of 256
the requirements described in sections 4.404.140(B), and 4.04.180(A), beginning on the day the City Manager approves the transfer of the license. Before the transferee’s license expires, the transferee shall apply for a renewal license and pay the appropriate fee in the manner required by this Chapter.
(C) A Cannabis Business License shall not be transferred w hen the City has notified the Licensee in writing that the license has been or may be suspended or revoked.
(D) Any attempt to transfer a Cannabis Business License either directly or indirectly in violation of this section is hereby declared a violation of the license and this ordinance.
Such a purported transfer shall be deemed a ground for revocation of the license.
(E) A Cannabis Business License shall not be transferred or otherwise sold within the first five (5) years of the date of issuance of the Cannabis Business License. The City Manager may waive this restriction in the case of extenuating circumstances, not related to the amount of cannabis being sold, but which may include but are not limited to unforeseen personal issues of the owners of the business seeking t o transfer the Cannabis Business License that make it impossible for them to continue operating in Visalia. The burden to show such circumstances will be on the owners of the business seeking to transfer the Cannabis Business License and the City Manager h as the sole discretion in determining whether qualifying circumstances exist.
4.04.300 City Business Tax Certificate.
Prior to commencing operations, a cannabis business shall obtain a City of Visalia business tax certificate, which is separate from and in addition to the requirements for a Cannabis Business License under this Chapter 4.04.
4.04.310 Building Permits and Inspection.
Prior to commencing operations, a Cannabis Business Licensee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement, Planning, and County Health Department approvals , and any other applicable zoning and land use permit(s) and approvals.
4.04.320 Authorization from the Planning Division.
Prior to commencing operations, a Cannabis Business must obtain authorization from the Planning Division certifying that the business is located on a site that meets all of the requirements of Sections 4.04.310, 4.04.330 and 4.04.340 of this Code.
4.04.330 Right to Occupy and to Use Property.
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Prior to the City ’s issuance of a Cannabis Business License pursuant to this Chapter, any person intending to open and to operate a cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner , the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the cannabis business on the owner’s property.
4.04.340 Location and Design of Cannabis Businesses.
(A) A cannabis business must meet land use and building standards pursuant to Title 15 and Title 17 of this Code, including:
(1) Conform with the City’s general plan, any applicable specific plan, master plan, and design requirements.
(2) Comply with all applicable zoning and related development standards pursuant to Title 15 and Title 17 of this Code.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
(5) Be served by streets and/or alleys adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
(B) A storefront retailer cannabis business must meet the following rules relating to proximity to sensitive uses:
(1) Shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use under Section 4.04.340 (B) (2), and no closer than one hundred (100) feet from any zoned parcel in the City designated as a sensitive use under Section 4.04.340 (B) (3), that is in existence at the time the license is issued .
The distance shall be determined by the horizontal distance measured in a straight line, without regard to intervening structures, as a radius from the primary entrance of the storefront retailer cannabis business to the property line of the sensitive use.
(2) Sensitive uses include:
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(a) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre -school, transitional kindergarten, and K-12).
(b) A State licensed commercial daycare center.
(c) A church.
(d) A Youth Center.
(e) Parks
(3) All City Residential use zones (single-family residential and multi-family residential)
(4) No storefront retailers shall be permitted in the Micro Brewery/Micro Winery Overlay District
(C) Cannabis businesses permitted to operate in light industrial or industrial zones shall only be permitted in the Visalia Industrial Park overlay.
(D) As indicated in VMC Section 17.32.167, Delivery only medical marijuana retail businesses shall not be located Within five hundred (500) feet of any existing or planned public, private, or parochial schools, elementary schools, middle schools, or high schools located either inside or outside of the city limits.
(1) As used in this section, “existing” means existing at the time the license application is submitted. “Planned” means property designated on the general plan of the city for such use, or other official planning documents of the city, or property owned or leased by the city for such use.
4.04.350 Limitations on City’s Liability.
To the fullest extent permitted by law, the City of Visalia shall not assume any liability whatsoever with respect to having issued a Cannabis Business License pursuant to this Chapter or otherwise approving the operation of any cannabis business. As a condition to the approval of any Cannabis Business License, the applicant shall be required to meet all of the following conditions before they can receive the Cannabis Business License:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Visalia, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City ’s issuance of the Cannabis Business License, the City ’s decision to 259
approve the operation of the cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents.
(B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager.
(C) Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the Applicant’s Cannabis Business License or related to the City ’s approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.
4.04.360 Records and Recordkeeping.
(A) Each owner and operator of a cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less tha n an annual basis (at or before the time of the renewal of a Cannabis Business License issued pursuant to this Chapter), or at any time upon reasonable request of the City, each cannabis business shall file a sworn statement detailing the number and amount of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each licensee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.
(B) Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employe es, agents, and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the City Manager upon a reasonable request.
(C) All cannabis businesses shall maintain an inventory contr ol and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.
4.04.370 Security Measures.
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(A) A Cannabis Business Licensee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City Manager, these security measures shall include, but may not be limited to, all of the following:
(1) Exterior lighting systems (including motion sensors) for after -hours security as approved by the Police Chief and/or the Building and Engineering Director w here applicable.
(2) Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the licensed operations of the cannabis business . In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department.
(3) Establishing limited access areas accessible only to authorized cannabis business personnel.
(4) All finished cannabis goods at non -retail cannabis businesses shall be stored in secured and locked vault or vault -equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be compliant with Underwriter Laboratories burglary -resistant and fire -resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
(5) Installing 24 -hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, and that it is compatible with the City’s software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Police Chief at the expense of the licensee. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Police Chief upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means. Internet Protocol address information shall be provided to the Police Department by the cannabis business, to facilitate remote monitoring of security 261
cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories.
(6) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the Stat e of California Bureau of Security and Investigative Services.
(7) Having a professionally installed, maintained, and monitored real -time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The licensee shall be required to obtain an alarm permit from the Police Department.
(8) Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building.
(9) Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(10) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the cannabis business; or (b) a licensed security professional.
(11) Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
(12) Each cannabis business shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for canna bis and cannabis products.
(13) Each cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.
(14) Emergency access and emergency e vacuation plans that are in compliance with state and local fire safety standards.
(B) Each cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and /or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the c urrent security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
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(1) Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
(2) Identifies all Managers of the cannabis business and their contact phone numbers.
(3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
(5) Identifies a sufficient number of licensed, interior , and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the business’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
(C) As part of the application and licensing process each cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all canna bis, cannabis products, any hazardous materials that may be used by the business, and any currency.
(D) The cannabis business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.
(E) A cannabis business shall notify the City Manager within twenty -four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager.
(2) Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
(a) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
(b) Any other breach of security.
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(F) Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
4.04.380 Fees and Charges.
(A) No person ma y commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a cannabis activity. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time.
(B) All cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license , permit, registration, and other fees required under federal, state, and local law. Each cannabis business shall cooperate with the City with respect to any reasonable request to audit the cannabis business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.
(C) Prior to operating in the City and as a condition of issuance of a business license, the operator of each cannabis facility shall enter into a n operational and/or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditi ons that will protect and promote the public health, safety and welfare . Delivery only medical marijuana retail businesses are not required to enter into a community benefit agreement.
4.04.390 General Operating Requirements.
(A) Cannabis businesses may operate only during the hours specified in the Cannabis Business License issued by the City. Delivery only medical marijuana retail businesses shall abide by any applicable state law restricting hours of operation.
(B) Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any cannabis business. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Business License, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. 264
(D) Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The cannabis business shal l ensure that such information is compatible with the City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the licensee.
(E) All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations.
(F) Emergency Contact. Each cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
(G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of Chapter 17.48 Signs, including, but not limited to, seeking the issuance of a City sign permit.
(2) No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, o r otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
(4) Signage for cannabis businesses other than storefront retailers shall be limited to that needed for identification only and shall not depict any image of cannabis or cannabis products nor shall it contain any logos or information that identifies, advertises, or lists the services or the products offered.
(5) Licensed cannabis businesses shall be prohibited from advertising any cannabis business utilizing a billboard (fixed or mobile), bus shelter, placard, or any type of sign within the City’s jurisdiction that is prohibited under Section 17.48.040 of the VMC. This paragraph is not intended to place limitations on the ability of a cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
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(H) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis business and shall n ot be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a cannabis business who is not at least twenty-one (21) years of age.
(2) The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis business.
(I) Odor Control. Odor control devices and techniques shall be i ncorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off -site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights -of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
(J) Display of License and City Business License. The original copy of the Cannabis Business License issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the cannabis business in a location readily visible to the public.
(K) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and a uthorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, investor, manager, supervisor, employee, contract employee or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Police 266
Chief or his/her designee(s) for a background check by the City of Visalia Police Department. Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a license to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Police Chief or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Visalia to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a Cannabis Business License is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.
(L) Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.
The cannabis business shall notify the Police Department if an yone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.
(M) Permits and other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate pursuant to Section
4.04.330 and all applicable requirements in this Chapter.
(N) Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non -compliance issues with City or state requirements.
4.04.400 Amendments to General Operating Requirements.
The City Manager may develop other cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety, and welfare.
4.04.410 Operating Requirements for Store Front/Retail Facilities.
(A) No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a license by the City.
(B) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years . If the potential customer is 18 267
to 20 years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or H ealth and Safety Code Section 11362.71 identification card (Medical Marijuana Card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
(C) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s r ecommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase.
Doctor recommendations are not to be obtained or provided at the retail location.
(D) Uniformed security personnel shall be on -site during all business hours and must have a security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such a pproval not to be unreasonably withheld. Security personnel shall monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities.
(E) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(F) All restroom facilities shall remain locked and under the control of management.
(G) Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a deliv ery address that meets the requirements of this division.
(1) The sale and delivery of cannabis goods shall not occur through a pass -through window or a slide-out tray to the exterior of the premises.
(2) Retailers shall not operate as or with a drive -in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.
(3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retail business shall be contained in child -resistant packaging.
(5) Retailers shall record point -of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point -of-sale location, 268
camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(6) A retail licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
(7) Panic buttons shall be installed in all storefront cannabis retailers with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
(8) Signage for storefront retailers shall not depict any image of cannabis or cannabis products. No banners, flags, s nipe signs, billboards, or other prohibited signs may be used at any time. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
(H) Access to Retailer Premises.
(1) Access to the premises of a retail licensee shall be limited to individuals who are at least 21 years of age.
(2) Notwithstanding Section 4.04.390 (h)(1), individuals who are at least 18 years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail licensee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation.
(I) Authorized Sales. A retailer shall only sell adult -use cannabis and adult -use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
(J) Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited -access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and 269
if not employed by the retailer, shall be escorted at all times by an employee of the licensee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Police Chief, or their designees upon request.
(K) Operating hours of the Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(L) Store Front/Retail Security Requirements. All provisions incorporated within Section
4.04.370 of this Code (Security Measures), are directly applicable to and binding on all cannabis businesses including all Store Front/Retail businesses.
4.04.420 Retailer, Non-Store Front Retailer and Microbusiness Delivery Requirements.
(A) Non-Store Front Retailer License Owners and Operators are required to verify the age and the necessary documentation of each customer . They must ensure that medical customers are at least eighteen (18) years of age and verify that the customer has a valid doctor’s recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of adult -use customers, they must verify that the customer is at least twenty -one (21) years of age. Sales shall only be made to persons matching this criteria.
(B) All Store Front Retailers, Non-Store Front Retailers (delivery) and Microbusinesses which conduct deliveries into or within the City of Visalia shall be required to obtain a license from the City of Visalia in order to conduct retail sales regardless of whether they are located in the City or another local jurisdiction.
(C) Operating hours of the Non -Store Front Retailer License or out of town retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
Delivery only medical marijuana retail businesses shall abide by any applicable state law restricting hours of operation.
4.04.430 Retailer, Non-Store Front Retailer and Microbusiness Delivery Vehicle Requirements.
Prior to commencing delivery operations, a cannabis Retailer, cannabis Non-Store Front Retailer and Microbusiness shall provide the following information to the City:
(A) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
(B) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
(C) Proof of insurance as required in Section 4.04.350(b) for any and all vehicles being used 270
to deliver cannabis goods.
(D) The licensee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
(E) The licensee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.
4.04.440 Operating Requirements for Distributors.
(A) A distributor shall not store non -cannabis products or non-cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non-cannabis products or non-cannabis accessories at a licensed premises. For the purposes of this section, non -cannabis products are any goods that do not meet the definition of cannabis goods as defined in Title 4, Division 19, Section 15000(i) of the California Code of Regulations.
(B) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing. The determination of which cannabi s goods are to be included in the sample for laboratory testing shall be left to the sole discretion of the laboratory employee.
(C) A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises.
(D) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.
(E) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video - recorded, and the recording kept available to state and the City for a minimum of 180 days, pursuant to Title 4, Division 42, Section 5305 of the California Code of Regulations.
(F) A distributor shall not transport cannabis or cannabis products to a licensed or permitted retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Division 19, Sections 15705, 15710 and 15714 of the California Code of Regulations.
4.04.450 Operating Requirements for Testing Labs.
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(A) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each Testing Lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.
(B) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
(C) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Department of Cannabis Control.
(D) Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Department of Cannabis Control unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Department of Cannabis Control.
(E) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.
(F) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee or permittee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed or permitted premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.
(G) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party , licensee or permittee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary careg iver and the amount of the cannabis or cannabis products received.
4.04.460 Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale of Edible and Other Cannabis Products.
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(A) Cannabis manufacturing shall only be licensed pursuant to Section 4.04.460 of this Code or any subsequent created manufacturing state license as defined in MAUCRSA and may be licensed to operate only within those zone districts as defined in the City’s Municipal Code.
(B) Any compressed gases used in the manufacturing process shall not be stored on any property within the City in containers that exceeds the amount which is approved by the Visalia Fire Department and authorized by the regulatory permit. Each site or parcel subject to a Cannabis Business License shall be limited to a total number of compressed gas tanks as authorized by the Visalia Fire Department on the property at any time.
(C) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
(D) If an extraction process uses a profe ssional grade closed loop CO₂ gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in Section
4.04.450(f). The CO₂ must be of at least ninety-nine percent purity.
(E) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
(F) Certification from an engineer licensed by the State of California , or by a certified industrial hygienist, must be provided to the Building and Engineering Department for a professional grade closed loop system used by any cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
(1) The American Society of Mechanical Engineers (ASME);
(2) American National Standards Institute (ANSI);
(3) Underwriters Laboratories (UL); or
(4) The American Society for Testing and Materials (ASTM)
(G) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.
(H) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference 273
Codes.
(I) Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
(J) Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
(K) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets to handle, and store the solvents and gases safely.
(L) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.
4.04.470 Commercial Cannabis Cultivation Other Than Processor Sub License Prohibited.
(A) Commercial cannabis cultivation of a ll kinds, including Outdoor, Mixed-Light or Indoor Cultivation, other than the Processor sub license type as defined by the California Department of Cannabis Control, shall be prohibited within the City and shall not be allowed other than by amendment to this ordinance.
(B) Processor uses may conduct activities such as trimming, sifting, curing, drying, grading, packaging or labeling cannabis but not the growing of any amount of cannabis.
4.04.480 Operating Requirements for Out-of-City Delivery Services.
Prior to commencing operations, a cannabis out -of-City delivery service shall comply with the following requirements:
(A) Obtain from the City a business tax certificate authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this tax certificate shall be retained by all drivers.
(B) The retail business operating the delivery service shall provide the C ity Manager with evidence of a valid state license for a cannabis business on whose authorization the delivery service is performing the delivery function.
(C) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical Vehicle Identificati on Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
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4.04.490 Permissible Delivery Locations and Customers.
Cannabis delivery businesses licensed to engage in delivery of cannabis and cannabis products inside the City of Visalia are subject to the following requirements:
(A) A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.
(B) A licensed cannabis business shall comply with all requirements of state and local law pertaining to the Cannabis Business License and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to time in order to enforce this Chapter.
(C) Any kiosk, i -Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location licensed by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.
4.04.500 Promulgation of Regulations, Standards and Other Legal Duties.
(A) In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Business Licenses, the ongoing operation of cannabis businesses and the City 's oversight, or concerning any other subject det ermined to be necessary to carry out the purposes of this Chapter.
(B) Regulations shall be published on the City’s website.
(C) Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
4.04.510 Community Relations.
(A) Each cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis business can be provided. Each cannabis business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the cannabis business.
(B) During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each cannabis business holding a license issued pursuant to this Chapter shall attend meeting s with the City Manager, and other 275
interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such cannabis business shall meet with the City Manager when and as requested by the City Manager.
(C) Cannabis businesses to which a license is issued pursuant to this Chapter shall develop a City approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.
4.04.520 Fees Deemed Debt to the City.
The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable via an authorized administrative proc ess as set forth in the City ordinance or in any court of competent jurisdiction.
4.04.530 License Holder Responsible for Violations.
The person to whom a license is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the licensee or any employee or agent of the licensee, which violations occur in or about the premises of the cannabis business whether or not said violations occur within the license holder’s presence.
4.04.540 Inspection and Enforcement.
(A) The City Manager, or designee charged with enforcing the provisions of the City of Visalia Municipal Code, or any provision thereof, may enter the location of a cannabis business at any time, without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
(B) It is unlawful for any person having responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law.
(C) The City Manager, or designee charged with enforcing the provisions of this Chapter may enter the location of a cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any 276
samples obtained by the City of Visalia shall be logged, recorded, and maintained in accordance with established procedures by the City of Visalia’s City Manager or these regulations.
4.04.550 Violations declared a public nuisance.
Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this Chapter.
SECTION 3. Chapter 8.64.
Chapter 8.64 of the Visalia Municipal Code is hereby amended as follows. Changes to City of Visalia Municipal Code, are specified by underline and italics for additions and strikeout for deletions.
8.64.010 Purpose and intent.
A. It is the purpose of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents within the city by restricting the public use and consumption of marijuana; prohibiting, to the maximum extent permitted under the state law, the commercial cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana within the City of Visalia; and by regulating the individual cultivation of marijuana. This chapter is intended to prohibit these activities to the maximum extent possible by a local agency as authorized under the state law, specifically the Compassionate Use Act, Proposition 215, passed in 1996, the Adult Use of Marijuana Act, Proposition 64, passed in 2016, and the Medicinal Cannabis Patients’ Right of Access Act, Senate Bill 1186, passed in 2022.
8.64.020 Definitions.
Definitions set forth in Visalia Municipal Code Chapter 4.04 regulating Commercial Cannabis Activity are also applicable. All definitions set forth in Health and Safety Code Sections 11362.5 and 11362.7 et seq. and Business and Professions Code Section 26001, as may be amended, including but not limited to the terms “person with an identification card”, “primary caregiver”, “qualified patient”, “customer,” “delivery,” “license,” “manufacture,” and “identification card” shall apply under this chapter in addition to the definitions set forth as follows:
“Commercial marijuana activity” shall mean the same as “commercial cannabis activity” under Business and Professions Code Section 26001(l), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products as provided in Business and Professions Code Division 10, regulating the cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana and marijuana products for medical or non-medical purposes, but shall not refer specifically to “delivery only medical marijuana 277
retail” as defined separately below or the deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
“Cultivation of medical marijuana” means the cultivation of marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Delivery” means the commercial transfer of marijuana or marijuana products to a customer and includes the use of a retailer of any technology platform owned and controlled by the retailer.
“Delivery only medical marijuana retail” is a “cannabis business” operated by a state licensed nonstorefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include industrial hemp as that term is defined in Health and Safety Code Section 11018.5 or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
“Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
“Medical Marijuana” means the use of marijuana for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, which was adopted by California voters as Proposition 215 in 1996, found in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Private residence” means a house, an apartment unit, a mobile home, or similar dwelling.
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“Sell,” “sale,” and “to sell” includes any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.
8.64.040 Regulations applicable to individual cultivation of medical marijuana.
A. No person shall possess, plant, cultivate, harvest, dry, or process marijuana plants or possess marijuana products produced by the plants unless each of the following conditions are met:
1. Such cultivation occurs entirely within a single private residence of upon the grounds of that private residence at one time.
2. Such cultivation occurs within a fully enclosed and adequately secured building (as that term is defined in Title 17 of the Visalia Municipal Code) having at least four solid walls and roof of masonry, metal or wood, and standard locks, but not within any portion of a building or structure dedicated to living space.
3. The building within which such cultivation occurs, and any improvements within such building, meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves have been properly permitted and inspected.
4. Cultivation shall be limited to no more than six living plants per private residence, which includes the grounds and any accessory structures.
5. Cultivation under this code section does not constitute the establishment of a medical marijuana business requiring a Cannabis Business License under Visalia Municipal Code Chapter
4.04. dispensary in violation of Section 8.64.050.
6. Any chemicals or other materials used in such cultivation are used in a manner that is consistent with any applicable rules and regulations pertaining to chemical or material handling and storage, and no hazardous materials are maintained or allowed to exist on the premises.
7. The living plants and any marijuana produced by the plants in excess of 28.5 grams, as permitted by Health and Safety Code Section 11362.1, or as that section may be amended, must be kept within the person’s private residence, or upon the grounds of that private residence, in a locked space and must not be visible by normal unaided vision from a public place.
8.64.050 Commercial marijuana activity prohibited.
Commercial marijuana activities are regulated under Visalia Municipal Code Chapter 4.04. 279
A. Commercial marijuana activities are prohibited within the City of Visalia with the exception of:
1. Deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.
2. Delivery only medical marijuana retail establishments that meet reasonable zoning restrictions and development and operational standards as identified in Chapter
8.64.055, Chapter 5.66 and Chapter 17.32.167.
B. This subsection does not apply to delivery services that are using public roads to travel through the City of Visalia as permitted under state law, although such delivery services must comply with all other state laws and local ordinances as applicable.
8.64.055 Delivery only medical marijuana retail.
A. As authorized by the Medicinal Cannabis Patients’ Right of Access Act, California Senate Bill 1186, passed in 2022, a delivery only medical marijuana retail dispensary as defined in subsection B., and developed and operated in accordance with the development and operational standards as defined in Chapter 5.66 and Chapter 17.32.167 may be established within the City of Visalia. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized or prohibited by the laws of the State of California as set forth in the Health and Safety Code, Penal Code, or other state law, or by any federal law, provided such possession, use or cultivation otherwise complies with any applicable provisions of the Visalia Municipal Code.
B. A delivery only medical marijuana retail dispensary is any facility or location operated by a state licensed nonstorefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
8.64.060 Violations of chapter.
A. Any violation of Section 8.64.040 or Section 8.64.050, whether enforced through civil, criminal or administrative enforcement, shall be subject to a fine of one thousand dollars ($1,000) per day of violation. For purposes of administrative enforcement pursuant to Chapter
1.13 of the Municipal Code, the penalty provided by this section is hereby adopted as an alternative administrative penalty consistent with Section 1.13.050(D).
B. In addition to any other enforcement means provided by this Municipal Code or by state law, any violation of any provision of this chapter is hereby declared a public nuisance subject 280
to abatement pursuant any applicable provision of this Municipal Code and pursuant to state law, and, among other enforcement means, shall be subject to an inspection and abatement warrant obtained pursuant to the provisions of California Code of Civil Procedure Section 1822.5.
SECTION 4. Zoning Text Amendment No. 2026-01.
WHEREAS, Zoning Text Amendment No. 2026 -01 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance) based on the adoption of a Cannabis Business Ordinance, allowing various Cannabis related business types to operate w ithin the City of Visalia, with the specific amendments applying City -wide, as contained in Exhibit “A” of this Ordinance; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 13, 2026; and
WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on July 20, 2026, and introduced said Ordinance for first reading on that date.
WHEREAS, the proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is n ot detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
WHEREAS, that the proposed Zoning Text Amendment is not inconsistent with any other Element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council concurs the project is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) , which states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing significant effect on the environment . Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Visalia finds that the Zon ing 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 281
to properties or improvements in the vicinity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
That Zoning Text Amendment (ZTA) No. 2026-01, is approved, as contained in Exhibit “A” of this Ordinance, in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.
SECTION 5. CEQA. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption) as the proposed ordinance will not in and of themselves have an effect on the environment.
SECTION 6. Severance. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 7. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 8. Effective Date. This ordinance shall become effective thirty days from the date of adoption.
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Zoning Text Amendment No. 2026-01
Ordinance No. 2026-05
EXHIBIT “A”
Section 1. The Visalia Municipal Code shall be changed as follows.
Section 2. Chapter 17.04 regarding new or modified definitions.
Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.
Section 17.04.030 Definitions.
The definitions set forth in this chapter shall apply to this title. "Affordable housing" means, under state and federal statutes, housing that costs no more than thirty (30) percent of gross household income. Housing costs include rent or mortgage payments, utilities, taxes, insurance, homeowner association fees, and other related costs. ''Agricultural employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008.5, specifically meaning housing occupied by an employee of an agricultural employer, as defined in Section 1140.4 of the Labor Code, or by a farm labor contractor, as defined in Section 1682 of the Labor Code. "Alley" means a public way reserved as a secondary means of vehicular access to abutting property that is twenty-four (24) feet in width or less. "Alter" means to do work that does not result in enlarging a building but that will prolong the life of the structure.
“Animal Day Care Facility” means an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.
“Animal Hospital” means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non-emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.
"Auction House" means an establishment where the real or personal property of others is sold by a broker or auctioneer to persons who attend scheduled sales or events. 283
"Bail Bonds" means a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
“Battery Energy Storage System” means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.
"Boarding/Rooming house" means a dwelling in which lodging and meals are provided for compensation for more than three but not more than fifteen (15) persons not including members of the principal occupant's immediate family. Nursing homes as defined in this section are specifically not included.
"Block" means the properties abutting on one side of street and lying between intersections or between an intersection and the end of a street.
"Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property. “Cannabis Distributor” means a business operating legally under appropriate CA Department of Cannabis Control licensing that moves cannabis and/or cannabis products between cultivation, manufacturing, distribution, or retail premises that may store such products and arrange for testing of such products.
“Cannabis Manufacturer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that manufactures cannabis containing products by state licensed methods except for volatile solvent-based extraction, as that use is prohibited.
“Cannabis Microbusiness” means a business operating legally under a Type 12 CA Department of Cannabis Control license that does not conduct storefront retail activities, manufacturing by volatile solvent-based extraction, or any form of cultivation activities other than that of the “Processor” sub license type of the Cultivation licenses issued by the CA Department of Cannabis Control.
“Cannabis Non-storefront Retailer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.
“Cannabis Processor” means a business operating legally under appropriate CA Department of Cannabis Control licensing that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.
“Cannabis Storefront Retailer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that sells cannabis and/or cannabis products to the public from a physical storefront location, which can include delivery service.
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“Cannabis Testing Laboratory” means a business operating legally under appropriate CA Department of Cannabis Control licensing that test cannabis goods prior to sale at a retailer.
“Car Sales” means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.
"Check Cashing Facility" means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, payday advances, warrants, drafts, money orders or other commercial paper serving the same purpose. "Check cashing facility" does not include a State or Federally chartered bank, savings association, credit union or industrial loan company. "Check cashing facility" does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money order for minimum flat fee as a service that is incidental to its main purpose or business.
“Clinic” means a medical facility that operates as an urgent care or walk-in clinic, or is a multi- disciplinary or specialty cmedical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.
“Clothing Imprinting” means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.
“Commercial Bakery” means an establishment that is primarily engaged in manufacturing bread, bread-type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.
“Commercial Kitchen” means a facility equipped to prepare food or meals to be delivered off- site to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.
"Communications equipment building" means building housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without personnel. This definition does not apply to wireless telecommunication facilities and ancillary structures, and associated buildings, equipment, poles, towers, and lattice structures. 285
"Convalescent Home." See nursing home.
“Convenience Stores” Means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section 8.46.030, shall be subject to the definition of “Tobacco Shop.” Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section 17.04.030.
"Craft distillery" means an establishment that produces distilled spirits in quantities totaling less than 100,000 gallons per year that are served on site and/or sold for off-site consumption.
Service and sale of distilled spirits must be in conjunction with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of brewed beverages may be conducted with or without the service of food. Micro-distillery, boutique- style distillery, and artisan distillery are included in this definition. "Dwelling" means a structure or portion thereof designed for or occupied for residential purposes excluding automobiles, trailers, hotels, motels, labor camps, tents, railroad cars, converted transit vehicles or any type of temporary structure. "Dwelling, multi-family" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family.
"Dwelling unit" means one or more rooms with cooking facilities designed for occupancy by one family for living and sleeping purposes.
"Dwelling unit, accessory" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling situated.
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008, specifically meaning any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:
1. The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or 286
more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.
2. The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.
“Escape Room” means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.
“Event Centers” means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.
"Family" means:
1. Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]; or
2. An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind [California]. "Farmer's market" means two or more farm-producers that sell their own agricultural products directly to the general public at a fixed location, which includes fruits and vegetables, meat, fish, poultry, dairy products, and grains.
"Fast food restaurant" means an establishment that offers quick food service for consumption on or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
"Fast food restaurant with drive-through" means an establishment that offers/delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages for consumption either on or off the premises. "Floor area, gross" means the total horizontal area in square feet of the several floors of a structure, including interior balconies, mezzanines, carports, and basements, but not including the area of the inner courts.
"Frontage, primary" means that portion of a parcel that is adjacent to the public right-of-way.
For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel. 287
"Frontage, secondary" means on a corner lot, that portion of a parcel that is adjacent to a public right-of-way that is not the primary frontage.
“Galleries” mean an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.
"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles. "Garage, front-loading" means a garage or carport whose entry door/opening is facing the front lot line of the lot upon which it is located.
"Garage, repair" means a structure or a part thereof where motor vehicles are repaired or painted.
"Garage, side-loading" means a garage or carport whose entry door/opening is facing a side lot line of the lot upon which it is located.
"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof.
"Gasoline service" means an operation that dispenses gasoline and motor fuel in conjunction with a companion permitted use or a self-service operation. "Guest house" means living quarters within an accessory structure for use by temporary guests of the occupants of the premises having no cooking facilities and not rented or otherwise used as a separate dwelling.
“Heavy Manufacturing” means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.
“Hobby/Craft Manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
"Home occupation" means any conduct of pecuniary gain by an art or profession; the offering of a service or conduct of a business, or handicraft manufacture of products within or from a dwelling in a residential zone that is clearly incidental and secondary to the use of the structure for a dwelling purpose and that does not change the character of the residential use. "Hotel" or "motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites, and/or meeting rooms (not to exceed 288
three thousand five hundred (3,500) square feet in area), for the accommodation of transient occupants, provided that not more than fifty (50) percent of the guest units have kitchen facilities.
"Hospital, general" means a facility staffed and equipped to provide various types of intensified hospital care including, but not limited to, short- term care in acute medical, surgical and obstetrical services.
"Hospital, specialized" means a hospital, sanitarium, rest, nursing, or convalescent hospital care including, but not limited to, short-term care in acute psychiatric, drug addiction, or alcoholism cases or other specific illnesses.
"Household hazardous waste collection center" means city and county operated household hazardous waste collection center, a facility operated by the city and county for the collection, sorting, packing, storage and shipment of small quantities (less than five gallons or fifty (50) pounds per delivery) of hazardous wastes generated in the home. Such a facility would be operated with a state approved operating plan and would require approval of the city fire marshal. The facility would serve to implement the household hazardous waste recommendations of the approved Tulare County hazardous waste management plan. Such a facility would occupy an area of not more than five hundred (500) square feet, and would not use power driven processing equipment. The facility must be located over five hundred (500) feet from existing residential uses. Waste materials collected would include, but not be limited to: pesticides, cleaners and polishes, oil-based paints, hobby supplies and other household items considered hazardous as a result of flammability, corrosiveness, toxicity or reactivity.
Items such as used motor oil and lead-acid batteries would be collected for recycling. "Household pets" means animals or birds ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, pigeons (except as provided in Section 17.32), game birds, fowl that normally constitute an agricultural use, poisonous reptiles, and bees. Rodents and rabbits shall not exceed four per property.
“Indoor Amusement Facilities” means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.
"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, used lumber yards and the like; excepting a site on which such uses are conducted within a completely enclosed structure and excepting vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of 289
used cars or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. “Kennel” means an establishment where dogs, cats, or other small domestic animals are boarded, trained, or bred.
“Light Manufacturing” means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples of assembling include but are not limited to the production of the following: computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly.
"Liquor store" means a retail establishment designed and operated for the primary purpose of selling alcohol. Food stores and convenience markets for which sales of food comprise the majority of gross sales, but also sell alcohol, shall not be considered as a "liquor store." "Live Entertainment" means the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (I) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy;(iii) dance;(iv) magic act;(v) disc jockey; or (vi) similar activity.
"Lodge" or "club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render service carried on as a business.
"Lot, corner" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees. "Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.
"Lot, through" means a lot having frontage on two parallel or approximately parallel streets. "Lot line, front" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street. "Lot line, rear" means the line opposite the front lot line. "Lot line, side" means any lot line other than a front or rear lot line that intersects a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. 290
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. "Low barrier navigation center" shall have the same meaning as that term is defined in California Government Code Section 65660, specifically a housing first, low-barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following.
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Market-rate housing" means housing that is available on the open market without any subsidy. The price for housing is determined by the market forces of supply and demand and varies by location.
"Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.
"Material" means any item that serves as crude or raw matter to be used or developed in conjunction with business or use.
“Media Studio” means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.
"Medical 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 therapist, chiropractor, psychiatrist, psychologist, or similar health care professional.
"Mobile home" means a structure exceeding eight feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom, and living facilities, designed for use as a single-family dwelling unit when connected to appropriate utility lines, and has no foundation other than wheels or temporary stabilizing units. "Mobile home park" means any parcel, or contiguous parcels of land under single ownership designed or intended to be used to accommodate mobile homes on permanent or semi- permanent bases regardless of whether or not a charge is made for such accommodations. 291
"Mobile home site" means any portion of a mobile home park designated for the occupancy of one mobile home and approved on-site structures in connection with such occupancy. "Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
“Museum” means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.
"Nursery school" means the use of a site or portion of a site for organized programs devoted to the education or day care of ten or more pre-elementary school age children other than those resident on the site.
"Nursing home" means a structure operating as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. "Office" means a room or building where a particular kind of business or service for others is transacted but not including infrequent or occasional services rendered from a home. "Office, main" means the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted. "Office, temporary" means the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.
"Patient" means any person who is under medical observation, care or treatment and shall include the following:
"Patient, ambulatory" means a person who is capable of demonstrating the physical ability and mental competence to leave the facility without the assistance of any person in case of an emergency.
"Patient, chronic or long-term" means a person with a prolonged illness, injury or disease including mental illness or mental or behavior disorder or other competent or incompetent person requiring an extended period of medical care and treatment. "Patient, mentally retarded" means a person with a mental impairment who requires nursing care, protective supervision, training, or other services. "Patient, short-term" means a person who is under medical observation, care or treatment of a short period of time and generally considered to be ambulatory. 292
“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.
"Planned neighborhood commercial center" means a facility to provide for convenience shopping in the residential neighborhoods planned and controlled to the extent that any such areas will provide the vital services to the neighborhood in which it is located. "Porte Cochere" means a roofed structure extending from the entrance of a building over an adjacent driveway to shelter those entering or exiting a vehicle, or a passageway through a structure designed to let vehicles pass from the street to an interior courtyard. “Professional Office” means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field. Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.
“Professional Office with Social Services” means a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.
“Prototype Manufacturing or Makerspace” means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three- dimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.
"Public utility service yard" means an area for the storage of public utility vehicles and material and office facilities for installation, maintenance and construction personnel. "Quasi-public use" means any use that is listed as a conditional use within the R-1 zone. 293
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of a main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located. "Recreational Vehicle." See travel trailer.
"Raw materials manufacture" means asphalt paving & roofing materials manufacture; concrete, gypsum & plaster products manufacture; cotton processing/cotton gins; glass manufacturers (crushing, melting, pressing, blowing, shaping); graphite refractories; tile & brick manufacturers; metal reduction, smelting, refining (steel mills, blast furnaces); mineral product manufacture (crushing, grinding, pulverizing); paper mills; plastic & rubber compounds; sawmills & planing mills; and similar raw materials manufacturing uses. "Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.
Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. "Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
1. Collection Facility. A collection facility means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated in "Recycling Facilities Criteria and Standards," as adopted or modified by resolution of the council of the city of Visalia. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities that occupy an area of not more than five hundred (500) square feet, and are limited to handling only California CRV redeemable beverage containers, and may include:
1. A mobile unit,
2. Bulk reverse vending machines occupying more than fifty (50) square feet,
3. Kiosk type units that may include permanent structures,
4. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that may occupy an area of more than five hundred (500) square feet and may include permanent structures.
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2. Processing Facility. A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers;
b. A heavy processing facility means any processing facility other than a light processing facility.
"Rest Home." See nursing home.
"Residential boarding facility" means a building or group of buildings containing individual rooms for the accommodation of residents and having a common kitchen facility. “Residential Unit Reoccupation” means a single-family dwelling, situated in a non-residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.
"Reverse vending machine(s)" means an automated mechanical device that accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
"Senior citizen residential development" means a residential development developed, substantially rehabilitated, or substantially renovated, for persons fifty-five (55) years of age or older, wherein all of the occupied dwelling units are occupied by at least one person who is fifty-five (55) years of age or older. This definition does not include nursing homes or other types of housing communities where nursing, dietary, or other personal services are provided. "Sensitive Receptor" means a location, place or facility that contains people that have an increased sensitivity to air pollution or other environmental contaminants. Sensitive receptor 295
locations may include, but are not limited to, schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). "Service station" means a place that supplies gasoline, diesel or other motor fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and replacement ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning. "Shopping center" means two or more attached uses that are located on same property and jointly use ancillary facilities.
"Shopping center, major" means two or more uses located upon a site of ten acres or more with the major tenant occupying thirty thousand (30,000) square feet or more. "Sign." See Chapter 17.48.
"Single room occupancy" means a living unit that has a gross floor area of between 120 and 220 sq. ft., typically that is furnished, with or without individual bathroom or kitchen facilities, that is intended for long term occupancy by their tenant or tenants. "Sit down restaurant/café" means an establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state. Customers are normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed. "Site" means a usable parcel of land.
"Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the horizontal distance between the front and rear lot lines of a site measured along a line midway between the side property lines. "Site width" means the horizontal distances between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
"Smoke Shop/Tobacco Store" means any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
"Stable" means an accessory structure including but not limited to corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and that are not kept for remuneration, hire, or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or displayed preliminary to slaughtering, shipping or resale. "Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, that affords the principal means of access to abutting land. 296
"Structure" means anything constructed or erected that requires location on the ground, including a building but not including a fence or a wall used as a fence that is seventy-two (72) inches in height or lower, or poles and appurtenances thereto used for the provision of public utilities as specifically excepted from the provision of this title pursuant to Section 17.02.040. "Structure, accessory" means a detached subordinate structure located on the same site with the main structure or the main use of the land; attached structures open on three sides or more.
"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (as the term "target population" defined in Government Code Section 65582(i)), and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Transient occupancy" means occupancy, or entitlement to occupancy, by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
"Travel trailer" means any vehicle that at no time exceeds eight feet in width at its widest point and is less than forty (40) feet in length at its longest point, and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, that is intended for permanent or semi-permanent use and that has no foundation other than wheels and temporary stabilizing units.
“Tutoring Center” Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged on for which either a site or structure is or may be occupied or maintained.
"Vehicle wrecking yard" means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor 297
vehicles that have not been capable of operating under their own power for thirty (30) days or more, or in the case of vehicles not self-propelled, that have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a vehicle wrecking yard.
“Vocational or other Specialized Schools – Non-industrial Trades” means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades.
This definition applies to schools that are owned and operated privately for profit, or not-for- profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
“Vocational or other Specialized Schools – Industrial Trades” means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
"Yard, front" means an area back from and parallel to the front property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, rear" means an area back from and parallel to the rear property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, side" means an area back from and parallel to the side property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
(Ord. 2022-04 (part), 2022; Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017: Ord. 2015-01 § 1, 2015: Ord. 2012-10, 2012: Ord. 2012-02, 2012: Ord. 2004-20 (part), 2004: Ord. 2000-01 §§ 2, 3, 2000: prior code § 7220)
Section 3. Chapter 17.25 regarding new, modified, or deleted Zone Use Table line items.
In this section, changes are specified by underline for additions and strikeout for deletions.
Section 17.25.030 Commercial, Office, and Industrial Zone Use Table.
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Section 4. Chapter 17.32 regarding new or modified Special Provisions.
17.32.167 Delivery only medical marijuana retail.
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F. Other Delivery only medical marijuana retail standards Delivery only medical marijuana retail establishments must also meet all requirements of Chapter 4.04 – Commercial Cannabis Activity5.66 - Regulations and Requirements for Cannabis Businesses Permit ted to Operate Under California State Law.
Section 5. CEQA. The project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 7. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section 8. Effective Date. This Ordinance shall take effect thirty days after its adoption.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
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COURT
COURT
MOONEY
HWY
198
RD 124
HWY 198
2ND
AKERS
WEST
SHIRK
MOONEY
CALDWELL
DINUBA
COURT
GIDDINGS
RD 124
AVE 280
AVE 288
SHIRK
1ST
BURKE
WILLIS
MAIN
COUNTY CENTER
BURKE
TULARE
RD 68
COUNTY CENTER
FERGUSON
LINWOOD
DIVISADERO
JACOB
LOCUST
COURT
HALL
CONYER
BRIDGE
BURKE
CONYER
TULARE
LOCUST
COURT BRIDGE
RD 76
MOONEY
AVE
308
COURT
ST JOHNS
MAIN
SANTA
FE
ELDER
DOUGLAS
HURLEY
BEN MADDOX
WILLIS
WEST
CAIN
LINWOOD
CHINOWTH
CHINOWTH
BETTY
MURRAY
PINKHAM
AVE 310
DEMAREE
COURT
CONYER
WOODLAND
SANTA FE
WILLIS
AVE 308
BEN MADDOX
ACEQUIA
RD 64
GIDDINGS
SANTA FE
CAIN
SANTA FE
COURT
COUNTY CENTER
CAIN
RD 72
3RD
3RD
DAMSEN
GOSHEN
GOSHEN
KELSEY
JACOB
WALNUT
MOONEY
ROEBEN
FERGUSON
CAMP
MILL CREEK
CALDWELL
HOUSTON
BURKE
MINERAL KING
FRONTAGE
KELSEY
RD 116
CALDWELL
RIGGIN
WHITENDALE
NOBLE
RD 122
RD 108
RD 148
WALNUT
KELSEY
NOBLE
WALNUT
DEMAREE
MC AULIFF
COUNTY
CENTER
PLAZA
MC AULIFF
CAMERON
AVE 264
AKERS
IVANHOE
HWY
198
HWY
198
FERGUSON
NEELEY
RD 68
MINERAL KING
AVE 271
CAMERON
AVIATION
MOONEY
CENTER
RD 100
NOBLE
SANTA FE
MINERAL
KING
HWY 198
DOUGLAS
NOBLE
DOUGLAS
DEMAREE
GOSHEN
AVE 304
CAMPUS
RD 156
86 DOE
RD 152
RD 132
PLAZA
LOVERS
AVE 320
AVE 313
RASMUSSEN
K
AVE 308
RD 92
RD 100
AVE 296
AVE 304
MINERAL KING
CAMP
AVE 292
LINWOOD
NOBLE
FRONTAGE
AVE 272
HWY 99
AVE 316
SUNNYVIEW
PLAZA
RD 148
RD 124
RD 144
BEN MADDOX
RIVER WAY
RD 88
RIGGIN
PRATT
RD 92
RD 140
AVE 272
RD 108
RD 80
AVE 276
HWY 99
RD 152
AVE 320
AVE 280
County Areas
1200 SF Min Site Area
3000 SF Min Site Area
5000 SF Min Site Area
12500 SF Min Site Area
20000 SF Min Site Area
Open Space
Quasi-Public
Office Conversion
Professional / Administrative Office
Light Industrial
Industrial
Mixed Use Downtown
Mixed Use Commercial
Service Commercial
Regional Commercial
Neighborhood Commercial
Business Research Park
Airport
Agriculture
Zoning
600 ft Buffer from Sensitive Areas
Churches
Youth Centers
City Limits
State License Day Care
K-12 Schools
100 ft Buffer from Residential Zoning
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Downtown Prohibition Area
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RESOLUTION NO. 2026-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, PURSUANT TO VISALIA MUNICIPAL CODE SECTION 4.04.130 ADOPTING RULES, POLICIES AND
PROCEDURES FOR COMMERCIAL CANNABIS STOREFRONT RETAIL AND
COMMERCIAL CANNABIS NON-STOREFRONT RETAIL BUSINESS LICENSE APPLICATIONS.
WHEREAS, Section 4.04.130 of the Visalia Municipal Code calls for the City Council to adopt by resolution rules, policies and procedures consistent with the intent and spirit of Chapter 4.04 concerning the applications , the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process, pertaining to commercial cannabis licensing; and
WHEREAS, the purpose of this Resolution is to adopt the rules, policies and procedures required by VMC Section 4.04.130.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia, hereby approves and adopts the “ Application Procedures & Guidelines for a Storefront Retail Commercial Cannabis Business License” attached hereto as Exhibit “A” and the “Application Procedures & Guidelines for a Non -storefront Retail Commercial Cannabis Business License” attached hereto as Exhibit “B” as the rules, policies and procedures required by VMC Section 4.04.130.
PASSED AND ADOPTED: August 3, 2026 LESLIE CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-42 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026.
Dated: August 4, 2026 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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Resolution No. 2026-42
EXHIBIT “A”
City of Visalia
Planning Divison
315 E. Acequia Avenue
Visalia, California 93291
Phone: 559.713.4359
Email: [email protected]
https://www.visalia.gov
APPLICATION PROCEDURES & GUIDELINES FOR A
STOREFRONT RETAIL
COMMERCIAL CANNABIS BUSINESS LICENSE
Application Period
OPENS – ____________
CLOSES – ____________
Information regarding the Commercial Cannabis Business (CCB) Application process can be found on the City’s website at https://www.visalia.gov/cannabis and includes the following:
Application Procedures & Guidelines and
Review Criteria
Financial Responsibility, Indemnity and Consent
to Inspection Terms Agreement
Visalia Municipal Code (VMC) Chapter
4.04 Commercial Cannabis Business (CCB)
Application
Visalia Municipal Code (VMC) Title 17
(Zoning Code)
Background Check Portal Link
Cannabis Website FAQ
Property Owner Consent/Landlord Affidavit
APPLICANTS SHOULD MONITOR THE CITY’S WEB PAGE FOR ANY ADDITIONAL INFORMATION, FAQ’S, OR UPDATES. IT IS THE RESPONSIBILITY OF THE APPLICANT TO STAY INFORMED OF THIS INFORMATION.
The application p eriod for a Storefront Retail Cannabis Business License to operate a Storefront Retail CCB in the City of Visalia (“City”) will open on _______________ and will close ______________. Prior to closing the application period, the City will post a Notice of Application Deadline on the website link above.
The Notice of Application Deadline will advise that the application period will close not later than 28 days from when the notice is posted. Applications and all related documents will be available on the City website link above along with these procedures. Applications must be submitted to the Planning Department in their entirety. Any incomplete application will be returned. Applications submitted before the deadline will be reviewed consistent with these guidelines and the VMC.
NUMBER OF BUSINESSES
Pursuant to Resolution No. 2026-XX the maximum number of Storefront Retail CCBs in the City is limited to three ( 3). The locational restrictions on Storefront Retail CCBs are listed in Visalia Municipal Code Chapter 4.04.
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AMENDMENTS TO THE APPLICATION
If the City determines that a submitted application is incomplete or does not otherwise meet any or all of the requirements pursuant to any and all State and Local laws or regulations, the City shall send a Notice of Deficiency to the applicant generally describing the manner in which the application is incomplete or deficient. The applicant may resubmit omitted application material in order to correct any incompleteness or deficiencies. The applicant will not need to pay a new application fee. If an applicant fails to correct those sections deemed incomplete or deficient upon submission of the amendment, the application shall be rejected.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications, with or without cause or reason. The City may modify, postpone, or cancel the request for a CCB License without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process.
The City reserves the right for the City Manager to waive minor informalities or irregularities, which are merely a matter of form and not of substance, or immaterial defect in an application or variation of an application from the exact requirements of the process that can be corrected or waived without being prejudicial to other applicants. The City Manager shall give the applicant an opportunity to cure any deficiency resulting from a minor informality or irregularity in an application or waive the deficiency.
APPLICATION PROCESS
This application process is delineated in Visalia Municipal Code Chapter 4.04. It is incumbent upon the applicant to review and comply with all State and Local applicable laws and regulation s regarding the application process. Before submitting your application, review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the Storefront Retail Cannabis Business License application process for a CCB on the City webpage provided on page one.
The following procedures generally outline the application evaluation and selection process, required materials, and other information necessary to apply for a CCB License to operate a Storefront Retail facility in the City of Visalia.
APPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements outlined in the “Application Procedures & Guidelines for a Cannabis Business License.” This can be found at https://www.visalia.gov/cannabis. Applicants must submit all required application materials together in one complete comprehensive application package.
This can be done in person, or can be sent to the City via FED EX, UPS or any other common carrier delivery service as long is it a complete application. Electronic submissions such as Email, Dropbox, Google Docs, etc will not be accepted. Complete applications also must be submitted prior to the close of the application deadline.
The application package must include all the following documents with original wet signatures and notaries for each document (where applicable).
1. Commercial Cannabis Business Application;
2. Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement;
3. Agreement on Limitations of City’s Liability , and Certifications, Assurances, Warranties, and Indemnification to City;
4. Property Owner Consent/Landlord Affidavit;
5. Proof Property Ownership or Lease Agreement/Letter of Intent to Lease;
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6. Proof of insurability from an Insurance Company;
7. Zoning Verification Application;
8. Application Zoning Verification Letter;
9. USB Flash Drive;
10. Application fee.
FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and applicatio n fees must be received by the Planning Division at the same time.
Responses to the Eval uation Criteria (Sections 1 -4 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to Inspection Terms, Agreement on Limitations of City Liabi lity, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owne r Consent/Lease Agreements , Property Owner/Landlord Affidavit , shall not be included in the 200 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).
All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the c orrect format and organize correctly . Improper organization of your application may be grounds for rejection.
PDF File #1 Commercial Cannabis Business Application (pa ges 1 -3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement ( pages F1-F2,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F3 -F8), Property Owner Consent/Landlord Affidavit, Proof of Property Ownership or Lease Agreement/Letter of Intent to L ease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Application Fee; and with required signatures and notaries for all documents (where applicable).
PDF File #2 Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages).
PDF File #3 Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).
BACKGROUND CHECK
Any person who is an owner, operator, manager and/ or employee (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial pe r VMC Chapter 4.04. Cannabis Business Person(s) who do not meet the criminal history eligibility requirements of Chapter 4.04 will be disqualified. The background form can be found online at https://www.visalia.gov/cannabis.
The initial background check fee for each Cannabis Business Person(s) shall be $____. This process will be required to meet the minimum threshold qualifications pursuant to VMC Chapter 4.04.
ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (storefront retail cannabis), and the proposed building location.
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Applicants must submit a Retail Cannabis Business Zoning Verification Application prior to ______________.
The issuance of a Z oning Verification Letter does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory license for a CCB does not constitute a permit that runs with the land on which the cannabis business is established. Please note that the cannabis business will require a discretionary permit.
FEES
All applicants shall be required to submit a fee of $_________. This amount will be charged against time spent by City staff and any consultant reviewing applications and administrating the application process.
Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. However, there will also be a separate fee for the Zoning Verification Letter (ZVL) of $____ per site and the Background Check Fee of $____ per Cannabis Business Person(s).
Payment of all fees and monies must be made by a certified check, cashier’s check or money order made payable to the City of Visalia. Please note the City will not accept cash or credit cards. All application fees are non-refundable.
SUBMITTAL DEADLINE
Completed applications must be received by the Planning Division by ____ p.m. on ___________. Late applications will not be accepted.
APPLICATION EVALUATION, REVIEW AND APPROVAL PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications must be completed and submitted in their entirety to move forward in the review process.
Upon receiving a completed application, the application will be reviewed in its entirety using the Application Submittal checklist on Page 1 of the CCB Application. Applications determined to be eligible will be forwarded to the Consultant for Phase II (Application Evaluation and Review).
PHASE II: APPLICATION EVALUATION AND REVIEW
Applications will be evaluated by using the criteria listed below. See APPENDIX A for a description of the evaluation criteria:
Section 1. Business Plan
Section 2. Location and Neighborhood Compatibility Plan Section 3. Safety and Security Plan
Section 4. Community Benefits Plan
Those applications which are determined to meet the requirements in each category will move on to Phase III of the application process. If the application is incomplete or does not otherwise meet the minimum requirements, the Applicant may resubmit those sections that have been deemed incomplete or deficient.
Please note that Applicants may only amend their application one time, therefore, Applicants are encouraged to provide a quality application when resubmitting the requested information.
PHASE III: LOTTERY
If three (3) or fewer applications are submitted to Phase III, then all applications will advance in the
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process. If four (4) or more applications are submitted to Phase III, then all submitted applications will be entered in the random lottery drawing, which will be conducted during regular business hours.
The City will announce the location, date, and time at least two (2) weeks before conducting the lottery drawing on the City’s website linked above. The lottery drawing details will be emailed to all submitted applicants who have made it through to this phase, and any other interested person who has requested to receive cannabis lottery updates.
Results of the lottery drawing will be available immediately to those persons attending the lottery drawing in person. The City will also notify the applicants included in the lottery and post the lottery winners on the website at https://www.visalia.gov/cannabis.
PHASE IV: LICENSEE SELECTION PROCESS
The City Manager, or designee, may then issue a CCB license to selected applicants through the Lottery process. However, renewal of issued cannabis business license is conditioned upon the prevailing applicant obtaining all required land use approvals and building permits. The prevailing applicant(s) shall apply to the city's Planning Division to obtain any required land use approvals or entitlements for the licensee's location, and the Building Safety Division for any required building permits . First, prevailing applicant(s) will need to complete the City’s Site Plan Review process and receive a ‘Revise and Proceed’ determination. Land use approvals shall include obtaining a Conditional Use Permit (CUP) and compliance with all applicable provisions of CEQA. An applicant has twelve (12) months from the lottery selection of an application to obtain a CUP and any necessary building permits pursuant to Chapter 4.04.
The City Manager reserves the right to extend this deadline at their discretion.
The City Manager is authorized to make all decisions concerning the issuance of a commercial cannabis business license. In making the decision, the City Manager is authorized to impose additional conditions to the license, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager shall be handled pursuant to Chapter 4.04.
Issuance of a CCB license does not create a land use entitlement. Furthermore, no licensee may begin operations, notwithstanding the issuance of a license, unless all of the state and local laws and regulations, including but not limited to the requirements of this article and of the license, have been complied with, until a state license is available and obtained by the permitted operator as set forth in Chapter 4.04 . If an applicant fails to obtain a state cannabis license within twelve (12) months of being granted a CCB license, said CCB license shall expire.
Notwithstanding anything in this article to the contrary, the City reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a CCB license until a license is actually issued, and then only for the duration of the license's term. Each applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this article.
If an application is denied resulting from a disqualification, a new application may not be filed for one year from the date of the denial. However, if a license was not issued to an applicant as a result of not being selected in the initial process the applicant may apply again should the city open a future round of the application process.
Each person granted a CCB license shall be required to pay the license fee established by resolution of the City Council, to cover the costs of administering the commercial cannabis business license program created in this article prior to commencing business in the city.
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Any Applicant wishing to appeal any decision made in the application process, or the results of the Lottery, may appeal the decision within ten calendar (10) days of the Applicant receiving a notice that he/she would not move forward in the application process or be issued a license. Such appeals shall comply with the requirements of Visalia Municipal Code Chapter 4.04, et seq.
Note: Being awarded a Cannabis Business License does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including:
electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a Cannabis Business License guarantee that the plans submitted via the Cannabis Business License application process meet the standards or requirements in Chapter 4.04 and any other license requirements from other City departments or agencies. Further, it is understood and agreed to by the Applicant that 1) the business must receive their Certificate of Occupancy, be open, and operating within 24 months of initial issuance of the Commercial Cannabis Business License. If a business does not become operational as specified, any active Cannabis Business renewal license may be null and void, and of no further effect; and 2) the Cannabis Business License shall not be transferred or otherwise sold within the first five (5) years of the date of issuance o f the Cannabis Business License. Violation of these two issues shall deed any Cannabis Business License null and void.
CONTACT
If you have any questions or would like an update on the status of your application, please contact the City of Visalia Planning Division 559.713.4359 or by email at [email protected].
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APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I. All responsive documentation must be saved in three (3) individual digital files as described in the APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS LICENSE.
1. BUSINESS PLAN
1.1. Owner qualifications. Resumes are not to exceed two (2) pages per owner.
1.2. Evidence of any existing, valid CA Department of Cannabis Co ntrol licenses held by any member of the applicant team and length of time applicant has held such license.
1.3. A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.
1.4. Applicant must be able to demonstrate p roof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.
1.5. Pro forma for at least three (3) years of operation.
1.6. Fully describe hours of operation and opening and closing procedures.
1.7. Fully describe the day -to-day operations if you are applying for a STOREFRONT RETAIL license. This should include at a minimum the following criteria.
A. Describe customer check-in procedures.
B. Identify location and procedures for receiving deliveries during business hours.
C. Identify the name of the Point -of-Sale system to be used and the number of Point -of-Sale locations.
D. Estimate the number of customers to be served per hour/day.
E. Describe the proposed product line to be so ld and estimate the percentage of sales of flower and manufactured products.
F. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.
G. Demonstrating CCB conformance to local and state laws. See VMC Chapter 4.04 as they pertain to storefront retail establishments in the City of Visalia.
H. How cannabis and cannabis products will be tracked and monitored to prevent diversion.
Describe the Point -of-Sale system to be used and how it will interact with the state’s mandated track and trace system.
2. LOCATION AND NEIGHBORHOOD COMPATIBILITY PLAN
2.1. In addition to the location -related details provided in the Cannabis Business License Application (pages 1 -3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.
2.2. The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.
2.3. Site Diagram for proposed location. In addition to diagrams submitted for other sections of the Cannabis Business License Application, applicants are expected to submit a premise/site diagram that focuses on the overall property, building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commerc ial cannabis business.
A. A Site Diagram must be accurate, dimensioned and to -scale (minimum scale of ¼”). The diagram shall provide a detailed description of all availa ble/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Bl ueprints and engineering site plans are
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not required at this point of the application process. Security features are not required for this section.)
2.4. Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.
2.5. Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.
2.6. Describe odor mitigation practices.
2.7. Identify potential sources of odor.
2.8. Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.
2.9. Describe all proposed system maintenance.
2.10. Describe the waste management plan.
2.11. Describe outreach efforts to sensitive uses l isted in the VMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.
3. SAFETY AND SECURITY PLAN
The Safety and Security Plan should consider all possible fire, medical and hazardous situations, as well as all access control, inventory cont rol, cash handling procedures. Complete policy/procedures manuals are not required at this point in the application process. Please only provide a description for each criterion which incorporates the following provisions:
3.1. The Safety section of the Safety and Security Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.
3.2. Describe accident and incident reporting procedures.
3.3. Describe evacuation routes.
3.4. Location of fire extinguishers and other fire suppression equipment.
3.5. Describe procedures and training for all fire and medical emergencies.
3.6. The Security section of the Safety and Security Plan shall be prepared and/or assessed by a professional security consultant.
3.7. Premises Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) w hich, focuses on the proposed security measures and how they relate to the overall busine ss. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).
A. The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2 -acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) B. The diagram must be draw n to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.
C. Description of cannabis activity that will be conducted in each area of the premise.
Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling ar eas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, t raining areas, employee break room areas, extractions, infusions, processing, and testing areas.
D. Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to licensees, or its employees or contractors and areas u sed for video surveillance monitoring and storage devices (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).
E. Number and location of all video surveillance cameras.
3.8. Identify intrusion alarm and monitoring system including the name and c ontact information for the monitoring company (if the company has been selected).
3.9. Briefly describe cash handling procedures.
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3.10. Discuss how the CCB will utilize the services of on -site security guards. Include in the discussion:
A. Number of guards.
B. Hours guards will be on-site.
C. Locations at which they will be positioned.
D. Guards’ roles and responsibilities.
4. COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business License Application should describe all benefits the CCB will provide to the local community. A separate agreement between applicants that receive a Cannabis Business License, and the City will be required to confirm the details of community benefits and investment plan (See VMC Section
4.04.110). Community benefits may be in the form of v olunteer services, monetary donations to local non- profit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. This may include in kind values with any volunteer hours calculated using Independent Sector’s most current CA Value of Volunteer Time rate: https://independentsector.org/research/value-of-volunteer-time/.
4.1. An annual minimum cash value of financial support to the City of Visalia for qualifying activities to benefit the community in the amount of $ 75,000 or 1 .5% of annual gross receipts, whichever amount is greater, is required.
4.2. Briefly describe the type of activities the Business will engage in as part of the community ( business organizat ions, community projects, in -kind donations or other endeavors the Business anticipates participating in as a community member).
4.3. Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or manager s reside within or own a commercial business within the City of Visalia, or the Sphere of Influence for the City.
4.4. Describe the number of employees, title/position, and their respected responsibilities.
4.5. Applicant must disclose if any member of the applicant team has had a cannabis license suspended or revoked in any jurisdictions they operate or have operated in.
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Resolution No. 2026-42
EXHIBIT “B”
City of Visalia
Planning Divison
315 E. Acequia Avenue
Visalia, California 93291
Phone: 559.713.4359
Email: [email protected]
https://www.visalia.gov
APPLICATION PROCEDURES & GUIDELINES FOR A
NON-STOREFRONT RETAIL
COMMERCIAL CANNABIS BUSINESS LICENSE
Application Period
OPENS – ____________
CLOSES – ____________
Information regarding the Commercial Cannabis Business (CCB) Application process can be found on the City’s website at https://www.visalia.gov/cannabis and includes the following:
Application Procedures & Guidelines and
Review Criteria
Financial Responsibility, Indemnity and Consent
to Inspection Terms Agreement
Visalia Municipal Code (VMC) Chapter
4.04 Commercial Cannabis Business (CCB)
Application
Visalia Municipal Code (VMC) Title 17
(Zoning Code)
Background Check Portal Link
Cannabis Website FAQ
Property Owner Consent/Landlord Affidavit
APPLICANTS SHOULD MONITOR THE CITY’S WEB PAGE FOR ANY ADDITIONAL INFORMATION, FAQ’S, OR UPDATES. IT IS THE RESPONSIBILITY OF THE APPLICANT TO STAY INFORMED OF THIS INFORMATION.
The application period for a Non-Storefront Retail Cannabis Business License to operate a Non-Storefront Retail CCB in the City of Visalia (“City”) will open on _______________ and will close ______________.
Prior to closing the application p eriod, the City will post a Notice of Application Deadline on the website link above. The Notice of Application Deadline will advise that the application period will close not later than 28 days from when the notice is posted. Applications and all related documents will be available on the City website link above along with these procedures. Applications must be submitted to the Planning Department in their entirety. Any incomplete application will be returned. Applications submitted before the deadline will be reviewed consistent with these guidelines and the VMC.
NUMBER OF BUSINESSES
Pursuant to Resolution No. 2026-XX the maximum number of Non-Storefront Retail CCBs in the City is limited to three (3). The locational restrictions on Non-Storefront Retail CCBs are listed in Visalia Municipal Code Chapter 4.04.
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AMENDMENTS TO THE APPLICATION
If the City determines that a submitted application is incomplete or does not otherwise meet any or all of the requirements pursuant to any and all State and Local laws or regulations, the City shall send a Notice of Deficiency to the applicant generally describing the manner in which the application is incomplete or deficient. The applicant may resubmit omitted application material in order to correct any incompleteness or deficiencies. The applicant will not need to pay a new application fee. If an applicant fails to correct those sections deemed incomplete or deficient upon submission of the amendment, the application shall be rejected.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications, with or without cause or reason. The City may modify, postpone, or cancel the request for a CCB License without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process.
The City reserves the right for the City Manager to waive minor informalities or irregularities, which are merely a matter of form and not of substance, or immaterial defect in an application or variation of an application from the exact requirements of the process that can be corrected or waived without being prejudicial to other applicants. The City Manager shall give the applicant an opportunity to cure any deficiency resulting from a minor informality or irregularity in an application or waive the deficiency.
APPLICATION PROCESS
This application process is delineated in Visalia Municipal Code Chapter 4.04. It is incumbent upon the applicant to review and comply with all State and Local applicable laws and regulation s regarding the application process. Before submitting your application, review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the Non-Storefront Retail Cannabis Business License application process for a CCB on the City webpage provided on page one.
The following procedures generally outline the application evaluation and selection process, required materials, and other information necessary to apply for a CCB License to operate a Non-Storefront Retail facility in the City of Visalia.
APPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements outlined in the “Application Procedures & Guidelines for a Cannabis Business License.” This can be found at https://www.visalia.gov/cannabis. Applicants must submit all required application materials together in one complete comprehensive application package.
This can be done in person, or can be sent to the City via FED EX, UPS or any other common carrier delivery service as long is it a complete application. Electronic submissions such as Email, Dropbox, Google Docs, etc will not be accepted. Complete applications also must be submitted prior to the close of the application deadline.
The application package must include all the following documents with original wet signatures and notaries for each document (where applicable).
1. Commercial Cannabis Business Application;
2. Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement;
3. Agreement on Limitations of City’s Liability , and Certifications, Assurances, Warranties, and Indemnification to City;
4. Property Owner Consent/Landlord Affidavit;
5. Proof Property Ownership or Lease Agreement/Letter of Intent to Lease;
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6. Proof of insurability from an Insurance Company;
7. Zoning Verification Application;
8. Application Zoning Verification Letter;
9. USB Flash Drive;
10. Application fee.
FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Planning Division at the same time.
Responses to the Evaluation Criteria (Sections 1 -4 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to In spection Terms, Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owner Consent/Lease Agreements , Property Owner/Landlord Affidavit , shall not be included in the 200 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).
All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the correct format and organize correctly . Improper organization of your application may be grounds for rejection.
PDF File #1 Commercial Cannabis Business Application (pages 1 -3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1 -F2,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F3-F8), Property Owner Consent/Landlord Affidavit, Proof of Prope rty Ownership or Lease Agreement/Letter of Intent to Lease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Applicat ion Fee; and with required signatures and notaries for all documents (where applicable).
PDF File #2 Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages).
PDF File #3 Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).
BACKGROUND CHECK
Any person who is an owner, operator, manager and/or employee (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per VMC Chapter 4.04. Cannabis Business Person(s) who do not meet the criminal history eligibility requirements of Chapter 4.04 will be disqualified. The background form can be found online at https://www.visalia.gov/cannabis.
The initial background check fee for each Cannabis Business Person(s) shall be $____. This process will be required to meet the minimum threshold qualifications pursuant to VMC Chapter 4.04.
ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (non-storefront retail cannabis), and the proposed building location.
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Applicants must submit a Retail Cannabis Business Zoning Verification Application prior to ______________.
The issuance of a Z oning Verification Letter does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory license for a CCB does not constitute a permit that runs with the land on which the cannabis business is established. Please note that the cannabis business will require a discretionary permit.
FEES
All applicants shall be required to submit a fee of $_________. This amount will be charged against time spent by City staff and any consultant reviewing applications and administrating the application process.
Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. However, there will also be a separate fee for the Zoning Verification Letter (ZVL) of $____ per site and the Background Check Fee of $____ per Cannabis Business Person(s).
Payment of all fees and monies must be made by a certified check, cashier’s check or money order made payable to the City of Visalia. Please note the City will not accept cash or credit cards. All application fees are non-refundable.
SUBMITTAL DEADLINE
Completed applications must be received by the Planning Division by ____ p.m. on ___________. Late applications will not be accepted.
APPLICATION EVALUATION, REVIEW AND APPROVAL PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications must be completed and submitted in their entirety to move forward in the review process.
Upon receiving a completed application, the application will be reviewed in its entirety using the Application Submittal checklist on Page 1 of the CCB Application. Applications determined to be eligible will be forwarded to the Consultant for Phase II (Application Evaluation and Review).
PHASE II: APPLICATION EVALUATION AND REVIEW
Applications will be evaluated by using the criteria listed below. See APPENDIX A for a description of the evaluation criteria:
Section 1. Business Plan
Section 2. Location and Neighborhood Compatibility Plan Section 3. Safety and Security Plan
Section 4. Community Benefits Plan
Those applications which are determined to meet the requirements in each category will move on to Phase III of the application process. If the application is incomplete or does not otherwise meet the minimum requirements, the Applicant may resubmit those sections that have been deemed incomplete or deficient.
Please note that Applicants may only amend their application one time, therefore, Applicants are encouraged to provide a quality application when resubmitting the requested information.
PHASE III: LOTTERY
If three (3) or fewer applications are submitted to Phase III, then all applications will advance in the
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process. If four (4) or more applications are submitted to Phase III, then all submitted applications will be entered in the random lottery drawing, which will be conducted during regular business hours.
The City will announce the location, date, and time at least two (2) weeks before conducting the lottery drawing on the City’s website linked above. The lottery drawing details will be emailed to all submitted applicants who have made it through to this phase, and any other interested person who has requested to receive cannabis lottery updates.
Results of the lottery drawing will be available immediately to those persons attending the lottery drawing in person. The City will also notify the applicants included in the lottery and post the lottery winners on the website at https://www.visalia.gov/cannabis.
PHASE IV: LICENSEE SELECTION PROCESS
The City Manager, or designee, may then issue a CCB license to selected applicants through the Lottery process. However, renewal of issued cannabis business license is conditioned upon the prevailing applicant obtaining all required land use approvals and building permits. The prevailing applicant(s) shall apply to the city's Planning Division to obtain any required land use approvals or entitlements for the licensee's location, and the Building Safety Division for any required building permits . First, prevailing applicant(s) will need to complete the City’s Site Plan Review process and receive a ‘Revise and Proceed’ determination. Land use approvals shall include obtaining a Conditional Use Permit (CUP) and compliance with all applicable provisions of CEQA. An applicant has twelve (12) months from the lottery selection of an application to obtain a CUP and any necessary building permits pursuant to Chapter 4.04.
The City Manager reserves the right to extend this deadline at their discretion.
The City Manager is authorized to make all decisions concerning the issuance of a commercial cannabis business license. In making the decision, the City Manager is authorized to impose additional conditions to the license, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager shall be handled pursuant to Chapter 4.04.
Issuance of a CCB license does not create a land use entitlement. Furthermore, no licensee may begin operations, notwithstanding the issuance of a license, unless all of the state and local laws and regulations, including but not limited to the requirements of this article and of the license, have been complied with, until a state license is available and obtained by the permitted operator as set forth in Chapter 4.04 . If an applicant fails to obtain a state cannabis license within twelve (12) months of being granted a CCB license, said CCB license shall expire.
Notwithstanding anything in this article to the contrary, the City reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a CCB license until a license is actually issued, and then only for the duration of the license's term. Each applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this article.
If an application is denied resulting from a disqualification, a new application may not be filed for one year from the date of the denial. However, if a license was not issued to an applicant as a result of not being selected in the initial process the applicant may apply again should the city open a future round of the application process.
Each person granted a CCB license shall be required to pay the license fee established by resolution of the City Council, to cover the costs of administering the commercial cannabis business license program created in this article prior to commencing business in the city.
APPEALS:
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Any Applicant wishing to appeal any decision made in the application process, or the results of the Lottery, may appeal the decision within ten calendar (10) days of the Applicant receiving a notice that he/she would not move forward in the application process or be issued a license. Such appeals shall comply with the requirements of Visalia Municipal Code Chapter 4.04, et seq.
Note: Being awarded a Cannabis Business License does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including:
electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a Cannabis Business License guarantee that the plans submitted via the Cannabis Business License application process meet the standards or requirements in Chapter 4.04 and any other license requirements from other City departments or agencies. Further, it is understood and agreed to by the Applicant that 1) the business must receive their Certificate of Occupancy, be open, and operating within 24 months of initial issuance of the Commercial Cannabis Business License. If a business does not become operational as specified, any active Cannabis Business renewal license may be null and void, and of no further effect; and 2) the Cannabis Business License shall not be transferred or otherwise sold within the first five (5) years of the date of issuance o f the Cannabis Business License. Violation of these two issues shall deed any Cannabis Business License null and void.
CONTACT
If you have any questions or would like an update on the status of your application, please contact the City of Visalia Planning Division 559.713.4359 or by email at [email protected].
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APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I.
All responsive documentation must be save d in three (3) individual digital f iles as described in the
APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS LICENSE.
1. BUSINESS PLAN
1.1. Owner qualifications. Resumes are not to exceed two (2) pages per owner.
1.2. Evidence of any existing, valid CA Department of Cannabis Control licenses held by any member of the applicant team and length of time applicant has held such license.
1.3. A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.
1.4. Applicant must be able to demonstrate p roof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.
1.5. Pro forma for at least three (3) years of operation.
1.6. Fully describe hours of operation and opening and closing procedures.
1.7. Fully describe the day-to-day operations if you are applying for a NON-STOREFRONT RETAIL license. This should include at a minimum the following criteria.
A. Identify location and procedures for receiving deliveries during business hours.
B. Identify the name of the Point -of-Sale system to be used and the number of Point -of-Sale locations.
C. Estimate the number of customers to be served per hour/day.
D. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.
E. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.
F. Demonstrating CCB conformance to local and state laws. See VMC Chapter 4.04.
G. How cannabis and cannabis products will be tracked and monitored to prevent diversion.
Describe the Point -of-Sale system to be used and how it will interact with the state’s mandated track and trace system.
2. LOCATION AND NEIGHBORHOOD COMPATIBILITY PLAN
2.1. In addition to the location-related details provided in the Cannabis Business License Application (pages 1 -3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.
2.2. The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.
2.3. Site Diagram for proposed location. In addition to diagrams submitted for other sections of the Cannabis Business License Application, applicants are expected to submit a premise/site diagram that focuses on the overall property, building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commercial cannabis business.
A. A Site Diagram must be accurate, dimensioned and to -scale (minimum scale of ¼”). The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are not required at this point of the application process. Security features are not required for this section.)
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2.4 Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.
2.5 Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.
2.6 Describe odor mitigation practices.
2.7 Identify potential sources of odor.
2.8 Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.
2.9 Describe all proposed system maintenance.
2.10 Describe the waste management plan.
2.11 Describe outreach efforts to sensitive uses listed in the VMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.
3 SAFETY AND SECURITY PLAN
The Safety and Security Plan should consider all possible fi re, medical and hazardous situations , as well as all access control, inventory cont rol, cash handling procedures. Complete policy/procedures manuals are not required at this point in the application process. Please only provide a description for each criterion which incorporates the following provisions:
3.1 The Safety section of the Safety and Security Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.
3.2 Describe accident and incident reporting procedures.
3.3 Describe evacuation routes.
3.4 Location of fire extinguishers and other fire suppression equipment.
3.5 Describe procedures and training for all fire and medical emergencies.
3.6 The Security section of the Safety and Security Plan shall be prepared and/or assessed by a professional security consultant.
3.7 Premises Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or sit e plan) which, focuses on the proposed security measures and how they rel ate to the overall business. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).
A. The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2 -acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) B. The diagram mus t be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.
C. Description of cannabis activity that will be conducted in each area of the premise.
Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sa mpling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.
D. Limited-access areas, defined as areas in which cannabis good s are stored or held and only accessible to licensees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).
E. Number and location of all video surveillance cameras.
3.8 Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).
3.9 Briefly describe cash handling procedures.
3.10 Discuss how the CCB will utilize the services of on -site security guards. Include in the discussion:
A. Number of guards.
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B. Hours guards will be on-site.
C. Locations at which they will be positioned.
D. Guards’ roles and responsibilities.
4 COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business License Application should describe all benefits the CCB wil l provide to the local community. A separate agreement between applicants that receive a Cannabis Business License, and the City will be required to confirm the details of community b enefits and investment plan (See VMC Section
4.04.110). Community benefits may be in the form of volunteer services, monetary donations to local non - profit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. This may include in kind values with any volunteer hours calculated using Independent Sector’s most current CA Value of Volunteer Time rate: https://independentsector.org/research/value-of-volunteer-time/.
4.1 An annual minimum cash value of financial support to the City of Visalia for qualifying activities to benefit the community in the amount of $ 75,000 or 1 .5% of annual gross receipts, whichever amount is greater, is required.
4.2 Briefly descri be the type of activities the Business will engage in as part of the community (business organizations, community projects, in -kind donations or other endeavors the Business anticipates participating in as a community member).
4.3 Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Visalia, or the Sphere of Influence for the City.
4.4 Describe the number of employees, title/posi tion, and their respected responsibilities.
4.5 Applicant must disclose if any member of the applicant team has had a cannabis license suspended or revoked in any jurisdictions they operate or have operated in.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0076 Agenda Date: 8/3/2026 Agenda #: 8.
Agenda Item Wording:
Ordinance adoption - Second reading and adoption of Ordinance No. 2026-07 pertaining to the approval of Annexation No. 2025-04: A request by D.R. Horton to prezone ±78.11 acres to R-1 (Single-Family Residential zone), R-M-2 (Multi-family residential zone - 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone - 1,200 square foot minimum site area), and QP (Quasi-public zone). The site is located on the northeast corner of Lovers Lane and Caldwell Avenue (APN: 127-020-020 and -021).
Agenda Date: 08/03/2026
Prepared by:
Jarred Olsen, Principal Planner, [email protected], (559) 713-4449 Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation: Staff recommends that the City Council adopt the second reading of Ordinance No. 2026-07 for Annexation No. 2025-04.
Summary:
On July 20, 2026, the City Council held a public hearing for:
· General Plan Amendment No. 2025-04: A request by D.R. to reconfigure the land uses on the subject property and amends the Circulation Element to realign the “K” Avenue Collector alignment to follow the Sunnyside Avenue alignment between Lovers Lane and Road 148. · First Reading of Ordinance No. 2026-07 to adopt Annexation No. 2025-04: A request by DR Horton to prezone the subject property to R-1, R-M-2, R-M-3, and QP, which shall become operative upon the effective date of Annexation No. 2025-04.
No persons spoke in opposition at the City Council meeting, and Council voted (5-0) to conduct the first reading of Ordinance No. 2026-07, along with approving the other entitlements heard at that meeting.
The second reading of the Ordinance is the final action the City Council takes in order for prezoning action of Annexation No. 2025-04 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Background Discussion:
This proposal allows for the Clements Ranch subdivision, approved by City Council on July 20, 2026, to meet one of its conditions of approval. Prezoning the site to be consistent with the General Plan is a required condition prior to annexation the subject property into City limits.
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File #: 26-0076 Agenda Date: 8/3/2026 Agenda #: 8.
Fiscal Impact including annual maintenance and operating costs: Approving the prezoning does not, by itself, result in a direct fiscal impact to the City. Should the prezoning be approved, future development would be subject to applicable impact fees, assessments, and ongoing municipal service obligations.
Prior Council Action:
On July 20, 2026, the City Council voted (5-0) to conduct the first reading of Ordinance No. 2026-07 for Annexation No. 2025-04.
Planning Commission Review and Action:
The Planning Commission conducted a public hearing on June 8, 2026, to consider General Plan Amendment No. 2025-04 and Annexation No. 2025-04. The Planning Commission recommended that City Council approve these items.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading and adopt Ordinance No. 2026-07 for Annexation No. 2025-
04. Environmental Assessment Status: An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. This environmental review was prepared for the proposed General Plan Amendment and Change of Zone only and does not consider any environmental impacts regarding any future development, as such development would also be subject to separate environmental review under the California Environmental Quality Act (CEQA) once details of the development are known. The City Council adopted the Initial Study / Negative Declaration together with the adoption of the General Plan Amendment and first reading of the prezoning action.
CEQA Review: No further environmental action is required.
Deadline for Action: 08/03/2026
Attachments:
1. Ordinance No. 2026-07 for Annexation No. 2025-04
2. City Council staff report from 1st Reading of Ordinance No. 2026-07, July 20, 2026 Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
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ORDINANCE NO. 2026-07
ORDINANCE NO. 2026-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA PREZONING ASSESSOR’S PARCEL NUMBERS 127-020-020 AND 127-020-021 TO R-1 (SINGLE- FAMILY RESIDENTIAL ZONE), R-M-2 (MULTI-FAMILY RESIDENTIAL ZONE – 3,000 SQUARE FOOT MINIMUM SITE AREA), R-M-3 (MULTI-FAMILY RESIDENTIAL ZONE – 1,200 SQUARE FOOT MINIMUM SITE AREA), AND QP (QUASI-PUBLIC ZONE)
WHEREAS, Annexation No. 2025 -04 is a request by D.R. Horton to prezone Assessor’s Parcel Numbers 127-020-020 and 127-020-021 (“subject property”) to R-1 (Single-family residential zone), R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area ), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area ), and QP ( Quasi-public zone) (APN: 127 -020-020 and -021), as depicted in Attachment “A”; and
WHEREAS, Table 42 of the Housing Element identifies R -1-5 (now R-1), R-M-2, and R-M-3 zones as being consistent with the Low, Medium, and Density Residential land use designations of the General Plan, respectively; and
WHEREAS, the QP (Quasi-Public) zone is consistent with the Conservation and Parks and Recreation land use designations of the General Plan; and
WHEREAS, General Plan Amendment No. 2025-04 proposed to align the General Plan land use desi gnations of the subject property to correspond with Annexation No. 2025-04; and
WHEREAS, California Government Code Section 56375(a)(7) requires, as a condition to annexation, that a city prezone of the territory to be annexed or present evidence satisfa ctory to the Local Agency Formation Commission (LAFC o) that the existing development entitlements on the territory are consistent with the city's general plan; and
WHEREAS, pursuant to the City's Municipal Code and State Planning and Zoning Law, the Planning Commission of the City of Visalia is authorized to review and make recommendations to the City Council of the City of Visalia for actions related to the establishment of land use and zone designations on behalf of the City, including General Plan Amendments, changes of zone, and prezoning actions; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on June 8, 2026, and considered Annexation No. 2025-04 to be in accordance with Visalia Municipal Code Chapters 17.02,
17.06, and 17.44 and on the evidence contained in the staff report and testimony presented at the public hearing, adopted Resolution No. 2026-33 recommending that the City Council approve an Ordinance for Annexation No. 2025-04; and WHEREAS, by Resolution No. 2026 -49, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project and found that no subsequent or supplemental environmental review is required; and
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a first reading and public hearing of this Ordinance on July 20, 2026; and, 357
ORDINANCE NO. 2026-07
WHEREAS, the City Council of the City of Visalia finds Annexation No. 2025-04 to be in accordance with Visalia Municipal Code Chapters 17.02, 17.06, and
17.44 and on the evidence contained in the staff report and testimony presented at the public hearing; and,
WHEREAS, the City Council of the City of Visalia, held a second reading of this Ordinance on August 3, 2026; and,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Visalia as follows:
SECTION 1. The City Council finds:
1. That the proposed Prezone is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed Prezone will not impose new land uses or development that will adversely affect the subject site or adjacent properties.
3. That the proposed Prezone would result in zoning and land uses that suitably buffer and provide an efficient transition between the existin g commercial, agricultural, and residential zoning and uses surrounding the site.
4. The site is physically suitable (including ability to meet requested zoning regulations, access, provision of utilities, compatibility with adjoining land uses, and absence o f physical constraints) for the requested zoning designations and anticipated land uses.
5. The City Council finds that the proposed prezoning is required to achieve the objectives of Visalia Municipal Code Section 17.02.020, complies with Visalia Municipal C ode Chapter 17.44, and establishes zoning classifications consistent with the General Plan.
SECTION 2. Upon the effective date of Annexation No. 2025 -04, the Official Zoning Map of the City of Visalia is hereby amended to prezone Assessor's Parcel Numbers 127-020-020 and 127-020-021 as depicted in Attachment "A."
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. The prezoning established herein shall become operative only upon the effective date of Annexation No. 2025-04.
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ORDINANCE NO. 2026-07
PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________
LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
___________________________
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2026-07 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026, and certify a summary of this ordinance will be published in the Visalia Times Delta.
Dated: August 4, 2026 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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ORDINANCE NO. 2026-07
ATTACHMENT “A”
PREZONING MAP
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Visalia Administration
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 126-0038
Status:Type: Consent Item Passed
File created: In control:6/24/2026 Visalia City Council On agenda: Final action:7/20/2026 7/20/2026
Title: Ordinance Adoption - Second reading and adoption of Ordinance No. 2026-04 pertaining to the approval of Change of Zone No. 2025-03: A request by the City of Visalia to change the zoning designation on a 21-acre parcel from QP (Quasi-Public) to CMU (Commercial Mixed Use). The site is located on the northwest corner of Akers Street and Riggin Avenue, within the City limits of Visalia (APN: 077-100-103).
Sponsors:
Indexes:
Code sections:
Attachments: 1. Attachment 1 -- Ordinance 2026-04 for COZ 2025-03, 2. Attachment 2 -- CC Staff Report 06_15_2026, 3. Attachment 3 -- Maps
Action ByDate Action ResultVer.
Visalia City Council7/20/2026 1
Agenda Item Wording:
Ordinance Adoption - Second reading and adoption of Ordinance No. 2026-04 pertaining to the approval of Change of Zone No. 2025-03: A request by the City of Visalia to change the zoning designation on a 21-acre parcel from QP (Quasi-Public) to CMU (Commercial Mixed Use). The site is located on the northwest corner of Akers Street and Riggin Avenue, within the City limits of Visalia (APN: 077-100-103).
Agenda Date: 07/20/2026
Prepared by: Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025 Department Recommendation: Staff recommends that the City Council adopt the second reading of Ordinance No. 2026-04 for Zoning Text Amendment No. 2025-03, to change the zoning designation on a 21-acre parcel from QP (Quasi-Public) to CMU (Commercial Mixed Use). The site is located on the northwest corner of Akers Street and Riggin Avenue.
Summary:
On June 15, 2026, the City Council held a public hearing for:
· General Plan Amendment No. 2025-02: A request by the City of Visalia to change the land use designation on a 21-acre parcel from Parks/Recreation to Commercial Mixed Use. · First Reading of Ordinance No. 2026-04 to adopt Change of Zone No. 2025-03: A request by the City of Visalia to change the zoning designation on a 21-acre parcel from QP (Quasi-Public) to CMU (Commercial Mixed Use).
After closing the public hearing, the City Council voted 4-1 (Councilperson Taylor, absent) to approve General Plan Amendment No. 2025-02, and to conduct the First Reading of Ordinance No. 2026-04 Visalia City Council Printed on 7/22/2026Page 1 of 3
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File #: 26-0038, Version: 1
for Change of Zone No. 2025-03.
The second reading of the Ordinance is the final action the City Council takes in order for Change of Zone No. 2025-03 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Background Discussion:
General Plan Amendment No. 2025-02 and Change of Zone No. 2025-03 together are a request by the City of Visalia to change the general plan land use and zoning designations on a 21-acre parcel from Parks/Recreation land use (QP zone) to Commercial Mixed Use (C-MU zone). The 21-acre parcel is an undeveloped parcel located on the northwest corner of North Akers Street and West Riggin Avenue (see aerial map in Attachment 3).
The proposed project only changes the land use and zoning designations associated with the parcel.
No specific development is being proposed or is planned in correlation with the General Plan Amendment / Change of Zone.
The reclassification of land use and zoning designations toward a commercial designation was based upon the recommendation of the City Council upon the conclusion of four work session discussions held between January 16, 2020 and August 19, 2024. The site has always held the general plan land use and zoning designation of Parks/Recreation / QP zone since the property’sannexation in 2010.
Visalia Unified School District sold the site to the City of Visalia in 2014 and has retained property to the north for development of a middle school and future high school. Visalia’sGeneral Plan, adopted in 2014, illustrates this site in a Parks/Facilities Map as a potential location for a new community park serving the northwest quadrant. General Plan Policy PSCU-P-5 more explicitly calls for the creation of a new community park to be built in and to serve the northwest quadrant.
Fiscal Impact including annual maintenance and operating costs: The Change of Zone action will have no impact to the city. Regarding the sale of the site, since the City purchased the site using Park Impact Fees, any portion of land that will be sold for non-park use will require payment back to the park impact fee program.
Prior Council Action:
On June 15, 2026, the City Council held a public hearing for:
· General Plan Amendment No. 2025-02: A request by the City of Visalia to change the land use designation on a 21-acre parcel from Parks/Recreation to Commercial Mixed Use. · First Reading of Ordinance No. 2026-04 to adopt Change of Zone No. 2025-03: A request by the City of Visalia to change the zoning designation on a 21-acre parcel from QP (Quasi-Public) to CMU (Commercial Mixed Use).
After closing the public hearing, the City Council voted 4-1 (Taylor, absent) to approve General Plan Amendment No. 2025-02, and to conduct the First Reading of Ordinance No. 2026-04 for Change of Zone No. 2025-03.
Planning Commission Review and Action:
The Planning Commission conducted a public hearing on June 8, 2026, to consider General Plan Amendment No. 2025-02 and Change of Zone No. 2025-03, changing the entire 21 acres to the Commercial Mixed Use designation. Planning Commissioners made a motion for each individual entitlement, and each item passed on a 4-0 vote (Commissioner Norman, absent).
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File #: 26-0038, Version: 1
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to adopt the second reading of Ordinance No. 2026-04 for Change of Zone No. 2025-03.
Environmental Assessment Status: An Initial Study and Negative Declaration were prepared for the proposed project. This environmental review was prepared for the proposed General Plan Amendment and Change of Zone only and does not consider any environmental impacts regarding any future development, as such development would also be subject to separate environmental review under the California Environmental Quality Act (CEQA) once details of the development are known. The City Council adopted the Initial Study / Negative Declaration together with the adoption of the General Plan Amendment and first reading of the Change of Zone.
CEQA Review: No further environmental action is required.
Deadline for Action: 07/20/2026
Attachments:
1. Ordinance No. 2026-04 for Change of Zone No. 2025-03
2. City Council staff report from 1st Reading of Ordinance No. 2026-04, June 15, 2026
3. General Plan, Zoning, Aerial, and Location Map
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0075 Agenda Date: 8/3/2026 Agenda #: 9.
Agenda Item Wording:
Adoption of revised Resolutions - Adoption of revised Resolution Nos. 2026-47 and 2026-48 pertaining to the upholding of an appeal in accordance with the City Council's prior action taken for Clements Ranch Tentative Subdivision Map No. 5606 and Tentative Parcel Map No. 2025-13, a request to subdivide parcels totaling ±78.11 acres into 292 lots for single-family residential uses and additional out lots for private streets, utilities, landscaping, lighting, trails, and parks, to be located within the proposed R-1, R-M-2, and QP zones. The project is located on a ±78.11-acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127-020-020 and - 021).
Prepared by:
Jarred Olsen, Principal Planner, (559) 713-4449, [email protected]; Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected].
Department Recommendation:
Staff recommends that the City Council adopt Revised Resolution Nos. 2026-47 and 2026-48, upholding an appeal by removing the condition(s) requiring the frontage improvements along the designated remainder’spublic street frontage for the Clements Ranch Tentative Subdivision Map No. 5606 and Tentative Parcel Map No. 2025-13, in response to the action taken by City Council following a public hearing on July 20, 2026.
Summary:
On July 20, 2026, the City Council considered an appeal of the Planning Commission’sconditional approval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13 and Conditional Use Permit No. 2025-24 related to the conditions for frontage improvements along the designated remainder’spublic street frontage and sidewalk requirements within the gated private street subdivision. After receiving the staff report, staff’spresentation, consideration of the appeal request, and public comment, the City Council voted 5-0 to uphold the appeal and remove the Planning Commission’sadopted condition to impose Lovers Lane frontage improvements along the designated remainder. However, the City Council voted 3-2 to uphold the Planning Commission’s decision to require the construction of sidewalk(s) within the gated private street residential development. Based on the decision to remove the Lovers Lane frontage improvement condition along the designated remainder for both the subdivision map and parcel map, revised resolutions have been prepared for formal adoption reflecting the decision of the City Council on July 20, 2026.
Background Discussion:
The applicant, DR Horton, filed Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, requesting to subdivide parcels totaling ±78.11 acres into 292 lots for single-family residential uses and additional out lots for private streets, utilities, landscaping, lighting, trails, and parks, to be located within the proposed R-1, R-M-2, and QP zones. The application was heard by the Planning Commission at a public hearing on June Visalia City Council Printed on 7/31/2026Page 1 of 2
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File #: 26-0075 Agenda Date: 8/3/2026 Agenda #: 9.
and QP zones. The application was heard by the Planning Commission at a public hearing on June 8, 2026, and was conditionally approved to construct Lovers Lane frontage improvements in front of the designated remainder and to construct sidewalks within the private gated residential portion of the overall residential development.
A timely appeal was filed, and the appeal was heard at a duly noticed City Council hearing on July 20, 2026. The appeal of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, was heard. The City Council upheld the appeal and removed the conditions requiring Lovers Lane frontage improvements in front of the designated remainder as required per the Clements Ranch Tentative Subdivision Map No. 5606, and Tentative Parcel Map No. 2025-13. The appeal requesting removal of the condition requiring the construction of sidewalks within the gated private street development for Conditional Use Permit No. 2025-24 was heard and denied. No revised resolution is necessary for Conditional Use Permit No. 2025-24.
Fiscal Impact:
The project will not result in any fiscal impact to the City.
Prior Council Action:
On July 20, 2026, the City Council held a public hearing to consider an appeal of the Planning Commission’s conditional approval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24. The appeal of Clements Ranch Tentative Subdivision Map No. 5606 and Tentative Parcel Map No. 2025-13 was upheld by a vote of 5-0. The appeal of Conditional Use Permit No. 2025-24 was denied by a vote of 3-2.
Alternatives:
None.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Revised Resolution Nos. 2026-47 and 2026-48, upholding the appeal of Clements Ranch Tentative Subdivision Map No. 5606 and Tentative Parcel Map No. 2025-13.
CEQA Review:
City Council adopted a Mitigated Negative Declaration for the project on July 20, 2026.
Deadline for Action: 8/3/2026
Attachments:
· Attachment 1: Revised Resolution No. 2026-47
· Attachment 2: Revised Resolution No. 2026-48
· Attachment 2: July 20, 2026 City Council staff report Visalia City Council Printed on 7/31/2026Page 2 of 2
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365
RESOLUTION NO. 2026-47
RESOLUTION NO. 2026-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA MODIFYING THE PLANNING COMMISSION’S CONDITIONAL APPROVAL OF CLEMENTS RANCH SUBDIVISION MAP NO. 5606 , A REQUEST BY D.R. HO RTON TO SUBDIVIDE PARCELS TO TALING APPROXIMATELY 78.11 ACRES INTO 292
LOTS FOR SINGLE -FAMILY RESIDENTIAL USE, WITH ADDITIONAL LOTS FOR
PRIVATE STREETS, UTI LITIES, LANDSCAPING, LIGHTING, TRAILS, A ND PARKS, AND AN APPROXIMATELY 20.81-ACRE DESIGNATED REMAINDER, TO BE LOCATED IN PROPOSED R-1 (SINGLE-FAMILY RESIDENTIAL ZONE), R-M-2 (MULTI-FAMILY RESIDEN TIAL ZONE – 3,000 SQ UARE FOOT MINIMUM SI TE AREA), R -M-3 (MULTI -FAMILY RESIDENTIAL Z ONE – 1,200 SQUARE F OOT MINIMUM SITE AREA), AND QP (QUASI-PUBLIC ZONE). THE PROJECT SITE IS
LOCATED NORTH OF THE NORTHEAST CORNER OF SOUTH LOVERS LANE AND EAST CALDWELL AVENUE (APNS: 127-020-020 AND -021)
WHEREAS, Clements Ranch Tentative Subdivision Map No. 5606 (“Subdivision”) is a request by D.R. Horton to subdivide parcels totaling approximately 78.11 acres into 292 lots for single -family residential use, with additional lots for private streets, utilities, landscaping, lighting, trails, and parks, and an approximately 20.81 -acre designated remainder, to be located in proposed R -1 (Single-family residential zone), R -M-2 (Multi- family residential zone – 3,000 square foot minimum site area), R -M-3 (Multi -family residential zone – 1,200 square foot minimum site area), and QP (Quasi -public zone).
The project site is located north of the northeast corner of South Lovers Lane and East Caldwell Avenue (APNs: APN: 127-020-020 and -021); and
WHEREAS, on June 8, 2026, the Planning Commission adopted a Mitigated Negative Declaration and conditionally approved Clements Ranch Tentative Subdivision Map No. 5606; and
WHEREAS, the applicant filed a timely appeal of the Planning Commission's decision to approve the conditionally approved Clements Ranch Tentative Subdivision Map No. 5606 , as conditioned, pursuant to Section 17.02.145 of the Visalia Municipal Code; and
WHEREAS, the City Council conducted a de novo public hearing on July 20, 2026, considered the entire administrative record, including the Planning Commission staff report, the appeal, the City Council staff report, public testimony, and all evidence presented; and
WHEREAS, by Resolution No . 2026-46, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and found that no subsequent or supplemental environmental review is required.
366
RESOLUTION NO. 2026-47
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia:
1. Independently finds that Clements Ranch Tentative Subdivision Map No. 5606 satisfies the applicable provisions of the Subdivision Map Act and the Visalia Municipal Code.
2. Finds that the issues raised in the appeal concerning Planning Commission Condition No. 7(a) have been independently considered by the City Council.
3. Finds that the appeal should be upheld with respect to Planning Commission Condition No. 7(a), and that Condition No. 7(a) shall be deleted from the Conditions of Approval.
4. Except as modified by deletion of Planning Commission Condition No. 7(a), t he Planning Commission's approval is affirmed.
BE IT FURTHER RESOLVED that Clements Ranch Tentative Subdivision Map No. 5606 is approved subject to the Planning Commission Conditions of Approval dated June 8, 2026 , as modified by Exhibit “A” attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED: August 3, 2026 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026 -47 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026.
Dated: August 4, 2026 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
367
RESOLUTION NO. 2026-47
1. Exhibit “A”General Plan Amendment No. 2025 -04 and Annexation No. 2025 -04 shall be approved.
2. The subject property shall be annexed into City limits within two (2) years of tentative subdivision map approval.
3. The tentative subdivision map shall be developed in substantial conformance with Exhibit “A” and the comments and conditions of Site Plan Review No. 2025 -013- 1-1-1-1, incorporated herein by reference.
4. Prior to the issuance of any residential building permit on the site, a valid Will Serve Letter from the California Water Service Company shall be provided to the Building Official.
5. Mitigation measures found within the Mitigation Monitoring and Reporting Program for the Clements Ranch subdivision shall be implemented.
6. The Project proponent shall pay their fair share cost for intersection improvements and roadway segment improvements as indicated in the Mitigated Negative Declaration or the City’s adopted transportation impact fee, whichever is greater, prior to final inspection.
7. Designated Remainder
a. Within one (1) year of filing a final map and with the development of the first phase, right -of-way and frontage improvements (street widening, curb, gutter, sidewalk, drainage, traffic -control devices, and related public improvements) along the designated remainder’s public street frontages shall be dedicated in fee to the City and constructed in accordance with City standards. City Council Action (July 20, 2026): Condition deleted on appeal. b. Notices shall be recorded on the designated remainder stating that at time of development of the designated remainder:
i. That the Tulare Irrigation Ditch shall be undergrounded and relocated pursuant to the standards and requirements of Tulare Irrigation District; and,
ii. That compliance with the City’s Agricultural Land Preservation Program will be required.
8. Gated Private Street PRD Area
a. Prior to acceptance of a Final Map of the PRD Area, Conditional Use Permit No. 2025-24 shall be approved.
b. The Expiration of Conditional Use Permit No. 2025-24 shall cause the PRD Area portion of Tentative Subdivision Map No. 5606 to be null and void. c. Outlots M, N, O, P, Q, R, and T shall not be offered or accepted for dedication and shall be conveyed to the Homeowner’s Association described under Condition (m) of Conditional Use Permit No. 2025-24. d. Outlots M and N shall be constructed with a six -foot tall block wall abutting the residential lots, as measured from highest adjacent grade. 368
RESOLUTION NO. 2026-47
e. Outlots O, P, Q, and R in total shall equal to or greater than five (5) percent of the net lot area of the PRD Area and shall be restricted for park and recreation purposes. Legal documents shall be recorded that run with the land in favor of the future property owners of the property. Park and recreation outlots shall be developed with passive and/or recreational facilities of which can be selected from the list provided in VMC § 12.36.090.
Recreation improvements may be credited against the devel opment fee if wholly complies with VMC § 12.36.090.
f. An exception to the lot depth standard for Lot 183 is granted pursuant to VMC § 16.04.050 if development of Lot 183 occurs prior to development of the Designated Remainder. This exception shall result in the minimum exception needed to allow the proposed development.
g. Phased development of the PRD Area shall provided sufficient turnaround space for solid waste and emergency vehicles. Temporary easements shall be granted to the City until at such time a subs equent phase is developed that renders the temporary easement unnecessary. Temporary easements shall be designed based on a vehicle turning template of City vehicles. h. Outlot S, if not accepted by SCE for dedication, shall be incorporated into the subdivision. The City will not accept dedication of Outlot S.
9. Standard R-1 Subdivision
a. Development of this area shall comply with the requirements of the R -1 zone district and Objective Design Standards. Compliance will be determined prior to building permit issuance.
b. Outlot C shall be incorporated into the subdivision as a numbered lot if the outlot is offered for dedication but not accepted by California Water Service. c. Outlots A, B, D, G, H, I, J, and L shall be constructed by the developer in accordance with City standards and specifications and dedicated in fee to the City.
d. Outlots E, F, and K shall be removed or have a minimum width of fifteen (15) feet and be constructed with a six (6) foot tall concrete masonry wall, measured from the highest adjacent grade.
10. Signage. The PRD Area and Non -PRD Area shall each be considered separate residential subdivision for purpo ses of determining the number of entrance signs allowed under VMC § 17.48.090 subdiv. (H).
11. Lots within the subdivision adjacent to, or across the street from, the High Density Residential designated remainder shall be recorded with a notice identifying that these parcels are located adjacent to a High Density Residential land use, which permit the development of high density multi -family development, including up to four stories.
12. That all applicable federal, state, regional, and city policies and ordinances be met. 369
RESOLUTION NO. 2026-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA MODIFYING THE PLANNING COMMISSION ’s CONDITIONAL APPROV AL OF TENTATIVE PARCEL MAP NO. 2025-13, A REQUEST BY D.R. HORTON TO SUBD IVIDE PARCELS TOTALING APPROXIMATE LY 78.11 ACRES INTO FOUR PARCELS AND AN APPROXIMATELY 20.81 DESIGNATED REMAINDER , TO BE LOCATED IN PROPOSED R -1 (SINGLE -FAMILY RE SIDENTIAL ZONE), R -M-2 ( MULTI-FAMILY RESIDENTIAL ZONE – 3,000 SQUARE FOOT MINIMUM SITE AREA), R-M-3 (MULTI- FAMILY RESIDENTIAL Z ONE – 1,200 SQUARE F OOT MINIMUM SITE ARE A), AND QP (QUASI -PUBLIC ZON E). THE PROJECT SITE IS LOCATED NORTH OF THE
NORTHEAST CORNER OF SOUTH LOVERS LANE AND EAST CALDWELL AVENUE APNS: APN: 127-020-020 AND -021
WHEREAS, Tentative Parcel Map No. 2025-13 (“Subdivision”) is a request by D.R.
Horton to subdivide parcels totaling approximately 78.11 acres into four parcels and an approximately 20.81 designated remainder, to be located in proposed R-1 (Single-family residential zone), R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone). The project site is located north of the northeast corner of Lovers Lane and Caldwell Avenue (APNs: APN: 127-020-020 and -021); and WHEREAS, on June 8, 2026, the Planning Commission adopted a Mitigated Negative Declaration and conditionally approved Tentative Parcel Map No. 2025-13; and WHEREAS, the applicant filed a timely appeal of the Planning Commission's decision to conditionally approve Tentative Parcel Map No. 2025 -13, as conditioned, pursuant to Section 17.02.145 of the Visalia Municipal Code; and WHEREAS, the City Council conducted a de novo public hearing on July 20, 2026, considered the entire administrative record, including the Planning Commission staff report, the appeal, the City Council staff report, public testimony, and all evidence presented; and
WHEREAS, by Resolution No. 2026 -46, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and found that no subsequent or supplemental environmental review is required.
NOW, THEREFORE, BE IT RESOLVED, NOW, that the City Council:
1. Finds that Tentative Parcel Map No. 2025-13 satisfies the applicable provisions of the Subdivision Map Act and the Visalia Municipal Code.
2. Finds that the issues raised in the appeal concerning Planning Commission Condition No. 2 have been independently considered by the City Council.
3. Finds that the appeal should be upheld with respect to Planning Commission Condition No. 2, and that Condition No. 2 shall be deleted from the Conditions of Approval.
370
RESOLUTION NO. 2026-48
4. Except as modified by deletion of Planning Commission Condition No. 2 , the Planning Commission’s approval is affirmed.
BE IT FURTHER RESOLVED that Tentative Parcel Map No. 2025-13 is approved subject to the Planning Commission Conditions of Approval dated June 8, 2026, as modified by Exhibit “A” attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED: August 3, 2026 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026 -48 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026.
Dated: August 3, 2026 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
371
Exhibit “A”
1. General Plan Amendment No. 2025 -04 and Annexation No. 2025 -04 shall be approved.
2. Comply with all conditions per Resolution No. 2026-35 with respect to the frontage improvements along the designated Remainder. City Council Action (July 20, 2026): Condition deleted on appeal.
3. The subject property shall be annexed into City limits prior to acceptance of a final parcel map.
4. Notices shall be recorded on the designated remainder stating that at time of development of the designated remainder:
a. that the Tulare Irrigation Ditch shall be undergrounded and relocated pursuant to the standards and requirements of Tulare Irrigation District; and, b. that compliance with the City’s Agricultural Land Preservation Program will be required.
5. Access and utility easements shall be provided to each parcel from the public right- of-way. Parcels that can accommodate more than 30 dwelling units shall be provided with two access points.
6. That all applicable federal, state, regional, and city policies and ordinances be met. 372
Visalia Administration
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 126-0044
Status:Type: Public Hearing Item Agenda Ready
File created: In control:6/26/2026 Visalia City Council On agenda: Final action:7/20/2026
Title: Appeal of Planning Commission Action - An appeal of the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, with respect to conditions regarding curb, gutter, sidewalk, and related frontage improvements along Lovers Lane and sidewalks within the proposed gated subdivision. The project applicant and appellant is D.R. Horton. The project is located on a ±78.11- acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127- 020-020 and -021).
Sponsors:
Indexes:
Code sections:
Attachments: 1. Exhibit A - Planning Commission Staff Report, 2. Exhibit B - Appeal Letter, 3. Exhibit C - Entitlement Exhibits, 4. Exhibit D - Sidewalk Exhibit, 5. Exhibit E - Block Length Guidance, 6. Resolution No. 2026-46 - Mitigated Negative Declaration, 7. Resolution No. 2026-47 - Clements Ranch Tentative Subdivision Map, 8. Resolution No. 2026-48 - Tentative Parcel Map, 9. Resolution No. 2026-49 - Conditional Use Permit, 10. Public Comment Steve Brandt QK Action ByDate Action ResultVer.
Visalia City Council7/20/2026 1
Visalia City Council7/20/2026 1
Agenda Item Wording:
Appeal of Planning Commission Action - An appeal of the Planning Commission’sapproval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, with respect to conditions regarding curb, gutter, sidewalk, and related frontage improvements along Lovers Lane and sidewalks within the proposed gated subdivision. The project applicant and appellant is D.R. Horton. The project is located on a ±78.11- acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127- 020-020 and -021).
Agenda Date: 07/20/2026
Prepared by:
Jarred Olsen, Principal Planner, [email protected] <mailto:[email protected]> (559) 713-4449
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation: Staff recommends that the City Council receive the staff report and presentation, hold a public hearing, and adopt Resolution Nos. 2026-46 adopting the Mitigated Negative Declaration, and adopt Resolution Nos. 2026-47, 2026-48, and 2026-49, denying the appeal and upholding the Planning Commission’sapproval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, as Visalia City Council Printed on 7/22/2026Page 1 of 9
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Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, as conditioned for each entitlement.
Summary: D.R. Horton has filed entitlement applications for the development of a 78.11-acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127-020-020 and -021). The entitlements include a General Plan Amendment, Annexation, Tentative Subdivision Map, Tentative Parcel Map, and Conditional Use Permit. A Mitigated Negative Declaration was also prepared that analyzed and identify mitigation measures for the project. A full description of the project is provided in the Planning Commission staff report (Exhibit “A”)to this report but each entitlement is summarized below:
· General Plan Amendment No. 2025-04: A request to reconfigure the land use designations on the subject property to accommodate the land use entitlements described below, in addition to amending the Circulation Element to realign the “K”Avenue Collector alignment to follow the Sunnyside Avenue alignment.
· Annexation No. 2025-02: A request to prezone portions of the site R-1 (Single-Family Residential zone), R-M-2 (Multi-family residential zone - 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone - 1,200 square foot minimum site area), and QP (Quasi-public zone) to be consistent with the proposed land use designation changes proposed in General Plan Amendment No. 2025-04, and annex the subject property into City limits.
Please note that the General Plan Amendment and Annexation are separate public hearing items on the July 20, 2026, City Council agenda and will be considered when those matters are heard. · Clements Ranch Tentative Subdivision Map No. 5606: A request to subdivide parcels totaling ±78.11 acres into 292 lots for single-family residential uses and additional out lots for private streets, utilities, landscaping, lighting, trails, and parks, to be located within the proposed R-1, R-M-2, and QP zones. A ±20.81-acre designated remainder is also proposed. · Tentative Parcel Map No. 2025-13: A request to subdivide the subject property into four parcels for phasing and financing purposes, and a ±20.81-acre designated remainder. · Conditional Use Permit No. 2025-24: A request to allow a planned unit development on a ±15.3-acre portion of the site consisting of 153 single-family residential units, private streets, two gated entries, landscaping and lighting district lots, and park areas, to be located within the proposed R-M-2 zone.
On June 8, 2026, Planning Commission adopted a Mitigated Negative Declaration (MND) and conditionally approved the project entitlements, subject to City Council approving the associated General Plan Amendment, Prezone, and Annexation. Subsequently, the applicant filed a timely appeal with the City Clerk, citing an abuse of discretion with respect to the conditions requiring Lovers Lane frontage improvements along the property’s designated remainder and sidewalk requirements within the gated subdivision area (see Attachment “C”for the proposed tentative subdivision and parcel maps, and the site plan for the gated area).
This report supplements the Planning Commission staff report dated June 8, 2026 (see Exhibit “A”), which is incorporated herein by reference, and addresses only the issues raised in the appeal.
Procedural History: Below is a brief chronology of the project:
· June 11, 2025 - Site Plan Review staff issue a Revise and Proceed for the project.
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· November 13, 2025 - Entitlement applications deemed complete. · May 7, 2026 - After receipt of consultant-prepared technical studies and environmental document, a Notice of Intent to Adopt an MND published and circulated for public review. · June 8, 2026 - Planning Commission conducted a public hearing, adopted the MND, and conditionally approved Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025- 13, and Conditional Use Permit No. 2025-24.
· June 18, 2026 - D.R. Horton timely filed an appeal of the Planning Commission’s decision. · July 20, 2026 - City Council conducts a de novo public hearing on the appeal.
Appeal:
On June 18, 2026, the City Clerk received an appeal of the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map (TSM) No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24. The appeal was filed by D.R. Horton. The full text of the appeal is included in Exhibit “B”. A summary of the items raised in the appeal are:
1. CUP No. 2025-24 Condition 7(j)
The requirement to incorporate sidewalk within a private subdivision is inconsistent with established City precedent for comparable projects. In the absence of a clear nexus or distinguishing project impact, we respectfully request that the City apply consistent development standards and allow Clements Ranch to proceed under the same criteria applied to comparable private developments.
2. Clements Ranch TSM No. 5606 Condition 7(a) and Tentative Parcel Map No. 2025-13 Condition 2 - Lovers Lane Improvements
These conditions require that D.R. Horton construct frontage improvements along Lovers Lane adjacent to the designated remainder parcel, which is not owned or controlled by D.R. Horton.
We respectfully request that these improvements be deferred in accordance with the California Subdivision Map Act, ensuring the infrastructure is properly aligned with the ultimate use of the remainder parcel.
Analysis of Issues Raised in the Appeal:
1. Condition 7(j) - Sidewalks
Appellant’s Position
The appellant requests removal of Planning Commission Condition 7(j), requiring sidewalks throughout the planned residential development. The appellant contends that the condition is inconsistent with the City's historical application of development standards for comparable private subdivisions. Specifically, the appellant notes that Arbor Gates, Ashton Park, Southern Highlands, Avalon, DaVinci, Barr-Wood, and Pratt Family Ranch were approved without requiring sidewalks throughout their private street systems and asserts that, in the absence of a distinguishing project impact, Clements Ranch should be subject to the same standards.
Staff Response:
Staff acknowledges that the City has not consistently required sidewalks within previously approved Planned Residential Developments with private streets. Staff's review confirms that application of this requirement has varied among prior discretionary approvals. Staff also recognizes that several of the developments identified by the appellant are comparable in size Visalia City Council Printed on 7/22/2026Page 3 of 9
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recognizes that several of the developments identified by the appellant are comparable in size and design to the proposed development.
However, prior discretionary approvals do not establish mandatory development standards for future Planned Residential Developments. Rather, each Planned Residential Development is reviewed on its own merits under the applicable provisions of the Visalia Municipal Code and the City's adopted planning policies. Visalia Municipal Code Section 17.26.040, Development Standards, includes a provision which states, “Pedestrian access and bicycle paths should be incorporated within planned developments. Such paths and bikeways [are] to be separated from vehicle streets when possible.” This section establishes that the Planning Commission has the discretionary authority to impose sidewalks within a Planned Residential Development.
Likewise, the General Plan recognizes that the design of streets and pedestrian systems is one of the most important aspects of neighborhood design and establishes a clear objective of minimizing conflicts between pedestrians and vehicles while promoting pedestrian safety, accessibility, and connectivity. Although the General Plan allows flexibility through the Planned Residential Development process, it also provides that such flexibility should be balanced by public benefits. The applicant has proposed a development that includes approximately 727- foot-long residential blocks, an internal neighborhood park, private streets approximately 48.66 feet in width, and on-street parking throughout the development. While the General Plan's block-length guidance is advisory rather than regulatory (see Exhibit “E”- Block Length Guidance), it recognizes that longer residential blocks benefit from improved pedestrian connectivity, including mid-block pedestrian connections where appropriate. The proposed subdivision does not include mid-block pedestrian connections. Staff therefore finds that sidewalks throughout the development provide an appropriate means of improving pedestrian accessibility and connectivity consistent with the General Plan's objectives.
Because the applicant elected to utilize a wider street section than required by City standards, installation of sidewalks can be accommodated without materially affecting the subdivision layout, lot yield, curb and gutter, curbside parking, or overall project design. Therefore, staff found that requiring the pedestrian access path to be incorporated within the planned development, and separated from vehicle streets, was possible and conditioned by Planning Commission accordingly.
Staff further finds that sidewalks throughout the development help implement the City's longstanding planning objectives promoting pedestrian connectivity, accessibility, and active transportation, as discussed above. General Plan Policy T-P-10 directs the City to manage residential streets to maintain operating speeds between 15 and 25 mph. Sidewalks support this objective by providing pedestrians with a dedicated walkway separated from vehicular traffic, particularly where the applicant has proposed a wider-than-standard residential street section.
Sidewalks provide residents with a continuous pedestrian circulation system throughout the neighborhood, including access to the internal park and other common areas and to existing and planned schools, while reducing potential conflicts between pedestrians, parked vehicles, and moving vehicles. The Planning Commission therefore found that sidewalks represent an appropriate design feature for this Planned Residential Development and further the City's adopted objectives of pedestrian safety, accessibility, and connectivity.
Accordingly, staff continues to find that Planning Commission Condition 7(j) is appropriate and recommends that the City Council confirm the condition, as this condition promotes safe Visalia City Council Printed on 7/22/2026Page 4 of 9
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accessibility for future residents.
2. Condition 7(a) and Condition 2 - Lovers Lane Improvements Appellant Argument 1: The condition requires that D.R. Horton construct frontage improvements along Lovers Lane adjacent to the designated remainder parcel, which is not owned or controlled by D.R. Horton.
Staff Response:
Staff agrees that D.R. Horton does not presently own the designated remainder. However, the City has already acquired the necessary public right-of-way, as demonstrated on the applicant’stentative map, for construction of the required frontage improvements. Accordingly, the condition does not require the applicant to dedicate additional right-of-way or acquire additional property. Rather, the condition requires construction of frontage improvements within existing public right-of-way concurrent with development of the subdivision.
Appellant Argument 2: Per California Government Code Section 66424.6(a)(2)(B), infrastructure improvements are to be deferred until the parcel is developed.
While State law allows an exception if the City can make a specific finding that the improvements are a "necessary prerequisite to the orderly development of the surrounding area," the existing site conditions do not appear to support this requirement. When the remainder parcel is developed, that project should be conditioned to install the associated improvements along the property frontage.
Staff Response:
Government Code Sections 66424.6(a)(2)(A) and (B) provide two exceptions that allow local agencies to require infrastructure improvements on a remainder parcel as part of a subdivision approval. When the improvements are necessary for (A) the public health and safety or (B) when the required construction is a necessary prerequisite to the orderly development of the surrounding area. The appellant is arguing that neither apply. Staff disagrees with the developer’s argument and considers that Planning Commission had sufficient evidence to determine the frontage improvements are necessary for public health and safety and/or necessary for the orderly development of the surrounding area. The proposed subdivision represents the first phase of urban development on the project site. Construction of frontage improvements concurrent with the first phase extends public infrastructure along Lovers Lane as urban development occurs and avoids leaving a substantial portion of the project's arterial frontage unimproved for an indeterminate period pending future development of the designated remainder. Requiring the improvements providers a safer path of travel along Lovers Lane for pedestrians.
The remainder area is located between the existing residential developments along Lovers Lane to the north and the proposed residential development south of the remainder. While the designated remainder could ultimately construct the frontage improvements, if and when it develops, the timing of that development is unknown. Staff recommends that the City Council uphold the findings made by the Planning Commission and determine that constructing the improvements concurrent with the first phase is necessary for public health and safety and the orderly development of the surrounding area by connecting transportation, drainage, pedestrian, and other public infrastructure in this surrounding area.
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Staff further notes that the City has previously required frontage improvements adjacent to designated remainder parcels. For example, the Pheasant Ridge subdivision located around the southeast corner of Shirk and Riggin included construction of frontage improvements at its corner. That designated remainder is now developed with the Vintage Visalia senior residential community.
Conversely, where frontage improvements have been deferred, they may remain unconstructed for many years. For example, the designated remainder within South Point Estates, approved in 2000, remained without frontage improvements until the City completed the improvements in 2026 as part of the grant-funded Caldwell Improvement Project. Staff finds that requiring frontage improvements concurrent with the first phase of development promotes the orderly extension of public infrastructure and avoids leaving significant gaps in arterial improvements for an indeterminate period.
Appellant Argument 3: The surrounding area to the north and west are already developed and fully served by infrastructure, including curb, gutter, and sidewalks. The Clements Ranch subdivision will independently construct a complete and functional internal circulation system.
Staff Response:
Staff generally agrees that surrounding neighborhoods are substantially developed and that the subdivision provides a complete internal circulation system.
However, the City's concern is not the adequacy of the subdivision's internal circulation.
Rather, the condition addresses completion of the public arterial frontage along Lovers Lane.
Internal streets and frontage improvements serve different planning purposes. Construction of frontage improvements provides curb, gutter, sidewalk, drainage, pavement widening, traffic- control devices, and related public infrastructure serving the subdivision, adjacent properties, and the traveling public.
The subdivision fronts on Lovers Lane, a four-lane divided arterial with a posted speed limit of 55 miles per hour. Completion of frontage improvements adjacent to the subdivision provides curb, gutter, sidewalk, drainage, and related public infrastructure immediately serving residents, visitors, pedestrians, bicyclists, and emergency responders. Furthermore, the applicant’straffic study indicates that a signalized intersection is not warranted at this time, thus guests and residents of the subdivision would have to travel over a quarter-mile along an unimproved shoulder to reach the nearest existing sidewalk on the east side of Lovers Lane (see Exhibit “D”).
The required improvements are not limited to sidewalks, but also include pavement widening, curb, gutter, drainage, traffic-control devices, and related public improvements that immediately serve the subdivision.
Appellant Argument 4: The project does not represent leapfrog development or a gap in infrastructure continuity; rather, it is a single site within an area that is already substantially developed or planned.
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File #: 26-0044, Version: 1
Staff Response:
Staff does not agree that the project, without the required frontage improvements, would not create a gap in infrastructure continuity. The proposed subdivision fronts onto Lovers Lane, where approximately one-quarter mile of curb, gutter, and sidewalk remain unconstructed along the east side of the roadway between the project frontage and the next existing public improvements. Deferring frontage improvements would perpetuate that gap after the subdivision is occupied.
The proposed subdivision relies upon and extends the City’s existing public infrastructure systems. Staff finds that pedestrian infrastructure should likewise be extended as urban development occurs so that the transportation network develops in a coordinated and orderly manner. Requiring completion of only certain public improvements, while deferring sidewalks, curb, and gutter until an unknown future date, would result in an incomplete urban streetscape along a major arterial serving the subdivision.
Accordingly, staff continues to find that Planning Commission Condition 7(a) promotes the orderly extension of public infrastructure and supports the finding required by Government Code section 66424.6.
Appellant Argument 5: This condition imposes a disproportionate financial burden on D.R.
Horton (estimated at approximately $500,000) for improvements that primarily benefit future development of the remainder parcel.
Staff Response:
Staff acknowledges that future development of the designated remainder will benefit from the completed frontage improvements. However, the improvements also provide immediate public benefits by completing arterial frontage improvements serving the subdivision, adjacent properties, pedestrians, bicyclists, emergency responders, and the traveling public.
In addition, future benefiting properties may be subject to reimbursement through a Area of Benefit or other reimbursement mechanism authorized by the City, allowing an equitable allocation of eligible improvement costs as additional development occurs.
Staff informed the appellant that an Area of Benefit could be considered to help recoup cost for doing the improvements when the designated remainder is developed; however, the appellant informed staff that an Area of Benefit was not feasible for their development.
Appellant Argument 6: We respectfully request that these improvements be deferred in accordance with the California Subdivision Map Act, ensuring the infrastructure is properly aligned with the ultimate use of the remainder parcel.
Staff Response:
Staff recognizes that the Subdivision Map Act authorizes deferred construction of designated remainder improvements under appropriate circumstances. However, it also authorizes a local agency to require earlier construction when supported by the required findings. For the reasons discussed above, staff continues to find that construction of the frontage improvements concurrent with development of the first phase is a necessary prerequisite for the orderly development of the area and provides immediate public health and safety benefits.
Accordingly, staff recommends that Planning Commission’sCondition 7(a) and Condition 2 be confirmed without modification.
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File #: 26-0044, Version: 1
Conclusion:
Based upon the foregoing, staff finds that the Planning Commission did not abuse its discretion and recommends that the City Council confirm the Planning Commission's conditional approval of the Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24.
Fiscal Impact including annual maintenance and operating costs: None.
Prior and Other Council Actions: No prior actions. A separate City Council public hearing item on the July 20, 2026, agenda pertains to other entitlements related to the Clements Ranch Subdivision wherein the City Council has the final authority on the following actions: Adoption of General Plan Amendment No. 2025-04; Introduce for first reading of Ordinance No. 2026-07; and Initiation of Annexation No. 2025-04.
Recommended Motion (and Alternative Motions if expected):
I move to deny the appeal and uphold the Planning Commission’sadoption of Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program prepared for the Clements Ranch Tentative Subdivision Map No. 5606 and Conditional Use Permit No. 2025-24.
I move deny the appeal and uphold the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map No. 5606 per Resolution No. 2026-47.
I move to deny the appeal and uphold the Planning Commission’sapproval of Tentative Parcel Map No. 2025-13 per Resolution No. 2026-48.
I move to deny the appeal and uphold the Planning Commission’sapproval of Conditional Use Permit No. 2025-24 per Resolution No. 2026-49.
In the case of a tie vote, the planning commission decision shall stand, and shall be considered final as of the date of the Council vote.
Alternatives: The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Overturn the decision of the Planning Commission to conditionally approve Tentative Subdivision Map No. 5606 and Conditional Use Permit No. 2025-24; or
2. Confirm the Planning Commission’sdecision to conditionally approve Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24 with conditions and/or modifications as specified by the City Council; or
3. Continue the matter to the next meeting, if necessary to direct staff to prepare conforming resolutions with the appropriate findings.
CEQA Review: An Initial Study and Mitigated Negative Declaration (MND) was prepared for the project. Following circulation for public review, staff determined that, with implementation of the adopted mitigation measures, the project would not result in significant environmental impacts. Staff recommends adoption of Resolution No. 2026-46.
Deadline for Action: 07/20/2026
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File #: 26-0044, Version: 1
Attachments:
Exhibit A - Planning Commission Staff Report
Exhibit B - Appeal Letter
Exhibit C - Tentative Maps and Site Plan
Exhibit D - Sidewalk Exhibit
Exhibit E - Block Length Guidance
Resolution No. 2026-46 - Mitigated Negative Declaration Resolution No. 2026-47 - Tentative Subdivision Map
Resolution No. 2026-48 - Tentative Parcel Map
Resolution No. 2026-49 - Conditional Use Permit
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0069 Agenda Date: 8/3/2026 Agenda #: 10.
Agenda Item Wording:
Notice of completion - Request authorization to file the notice of completion for the Mill Creek culvert replacement project.
Agenda Date: 08/03/2026
Prepared by:
Bryce Nagel, Assistant Engineer, [email protected], 713-4197 Katherine Woodhull-Fuget, Associate Engineer, [email protected], 713-4447 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:
Staff recommends that the City Council authorize the filing of the notice of completion for the Mill Creek culvert replacement project.
Summary:
This project replaced the existing Mill Creek culvert in Giddings St between Mineral King Avenue and Main St, which was over 100 years old and in need of urgent replacement. The project upgraded the Redwood High at-grade pedestrian crossing and included a grind and overlay of the street section between Mineral King and Main St.
City staff worked with 4Creeks Inc. to design the replacement of the culvert. Dawson-Mauldin LLC. was awarded the construction contract for the project with an initial amount of $1,403,118. The final construction cost was $1,468,858.75, an increase of $65,740.75 over the original contract amount.
Background Discussion:
The existing culvert within Giddings Street between Main Street and Mineral King Avenue was constructed in the 1910’s. The culvert has been in service for over 100 years and was in need of immediate replacement. City staff visually inspected the existing concrete culvert and observed visible cracking within the concrete culvert and settlement within the pavement in Giddings Street.
City staff hired a structural engineer to conduct a visual inspection of the existing culvert in October of 2024. The structural engineer’s recommendation was to replace the existing culvert with a new culvert as soon as possible due to the cracks within the structure, exposed reinforcement, and the overall age of the culvert.
Replacing the culvert required the relocation of multiple utilities, including relocating an existing 10” sanitary sewer main that crossed from north to south through the existing culvert. City staff coordinated with the impacted utility companies to relocate the affected utilities during construction.
In order to meet the construction window, City staff contracted with 4Creeks Inc. for the design of the Visalia City Council Printed on 7/31/2026Page 1 of 4
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File #: 26-0069 Agenda Date: 8/3/2026 Agenda #: 10.
In order to meet the construction window, City staff contracted with 4Creeks Inc. for the design of the culvert replacement on December 16, 2024, after an expedited procurement process. The project was put out to bid for construction on May 21, 2025.
On June 30, 2025, City Council approved the construction contract with Dawson-Mauldin LLC in the amount of $1,403,118 for the Mill Creek culvert replacement, with funds being allocated from various sources.
Change Orders:
The final cost of the construction contract including change orders is $1,468,858.75. Three (3) change orders were processed totaling $65,740.75. Below is the summary of the contract changes:
Change Order Breakdown To-Date
Category Cost Percentage
Errors & Omissions (E&O) $ 21,395.52 1.52% Utility Conflict (UT) $ - 0.00% Balance of Quantities (BQ) $ - 0.00%
Unforeseen (UN) $ 30,949.15 2.21%
Change of Scope (CofS) $ 13,396.08 0.96% Total: $ 65,740.75 4.69%
Owner Directed Change in Scope (CoS):
The change in scope due to owner direction includes adding a “digout”of the structural section of the roadway. During an inspection of the street, significant alligator cracking and other signs of base failure were observed, particularly at the south end of the project limits along northbound traffic on Giddings Street. Due to the severity of the distress, a change directive was issued to the contractor to perform a dig-out in the affected area, which appeared to be the most compromised section of the roadway. Upon removal of the existing asphalt, it was discovered that the underlying base was nearly nonexistent and consisted primarily of native soil. The contractor was therefore directed to excavate an additional seven inches and replace the material with aggregate base to provide proper structural support.
Unforeseen (UN):
The change in scope due to unforeseen circumstances includes adding bypasses for storm water and other extra work items. During construction the contractor encountered multiple significant rain events which severely impacted the project site. Because the City’s storm water system drains directly into Mill Creek at the culvert work area, each storm event required substantial effort to prepare, protect, and later restore the site before work could safely continue. Another unforeseen circumstance occurred during the project when a sinkhole approximately 12 inches in diameter and 4 feet deep opened before paving Giddings Street. It was discovered after excavating the area to 6 feet deep that a tree stump and root system were buried in the area and rotting out causing the sink hole.
Errors & Omissions (E&O):
The change in scope due to errors & omissions includes adding extra sitework and fixing areas around Redwood High School and Grace Bible Church. During excavation and forming of the culvert footings, it was identified that the demolition limits shown in the plans did not provide sufficient space Visalia City Council Printed on 7/31/2026Page 2 of 4
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File #: 26-0069 Agenda Date: 8/3/2026 Agenda #: 10.
footings, it was identified that the demolition limits shown in the plans did not provide sufficient space to properly construct the footings. Due to the proximity of the adjacent church, located on the canal bank, the existing fence would have to be removed to allow for proper construction. Due to the amount of flows in Mill Creek during construction severe erosion of the bank had caused the church parking lot to settle. This caused a change order to repair the fence and parking lot for the church. As well, during construction the plans called out to protect in place the existing fence at Redwood High School. After field evaluation of the fence conditions and the modifications that would have to be made, staff found it was warranted for full replacement of the fence along Giddings. Additionally, it was observed that the existing sidewalk within Redwood High School would create a vertical lip when transitioning to improvements from the project. This condition would not meet ADA requirements. To address this issue, sidewalk removal and replacement beyond the original limits was necessary along the southwest side and northeast side of the culvert within VUSD right-of-way.
Fiscal Impact:
The Mill Creek culvert project is funded by various funds. Included in this budget is the contract amount awarded to Dawson-Mauldin LLC, contingency, and support costs such as project design/ management and materials testing services. See the table below for a breakdown of costs.
Mill Creek Culvert (CP0773)
Project Funding Source
Fund 113 SB1 Road Maintenance $ 250,000
Fund 431 Wastewater $ 170,000
FY 23/24 RSTP Funds Exchange to State Fund$ 889,030
FY 24/25 RSTP Funds Exchange to State Fund$ 930,390
Total Project Funding $ 2,239,420
Estimated Final Project Costs
Project Management / Administration/ Misc.$ 36,500 Design Services $ 303,900
Construction $ 1,403,118
Construction Change Orders $ 65,741
Construction Management & Services (Staff Time, Inspection, Survey)
$ 80,000
Construction Services (Material Testing) $ 17,805
Total Estimated Final Project Costs $ 1,907,064
Remaining Balance $ 332,356
The remaining balance shown will be returned to the original funding sources listed above.
Prior Council Action:
June 30, 2025: The City Council authorized the City Manager to execute a construction contract with Dawson-Mauldin, LLC. In the amount of $1,403,118.
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File #: 26-0069 Agenda Date: 8/3/2026 Agenda #: 10.
May 19, 2025: Adoption of Resolution No. 2025-35 to authorize the City Manager to sign the Fiscal Year 2024/25 Claim to TCAG for RSTP Funds in Exchange for State Highway Account Funds and appropriate $930,390 towards Giddings Street Culvert Replacement Project.
December 16, 2024: Council authorized the City Manager to award a design contract with 4Creeks, Inc. for the design of the Giddings Street Culvert Replacement Project for $260,700; appropriate $50,000 from the Wastewater Fund and appropriate $250,000 from the SB1 Road Maintenance and Rehabilitation Fund.
June 17, 2024: Adoption of Resolution No. 2024-29 to authorize the City Manager to sign the Fiscal Year 2023-24 Claim to TCAG for RSTP Funds in Exchange for State Highway Account Funds and appropriate $889,030 towards Road Rehabilitation.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of the notice of completion for the Mill Creek culvert replacement project.
CEQA Review: Notice of Exemption posted February 21, 2025.
Deadline for Action: 08/03/2026
Attachments:
1. Project Location Map
2. Draft Notice of Completion
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
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Recording requested by and
Please mail instrument to:
City of Visalia
315 E. Acequia Ave.
Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:
MILL CREEK CULVERT REPLACEMENT PROJECT
PROJECT NO. 3010-72000/CP0773-999
under the contract agreement entered with Dawson-Mauldin, LLC. dated July 30, 2025, as a whole was completed on August 3, 2026, and the City of Visalia hereby accepts said work.
Christopher Crawford, the City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.
CITY OF VISALIA
Date
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of ______________________________, 2026, by ________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
Date
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 387
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0070 Agenda Date: 8/3/2026 Agenda #: 11.
Agenda Item Wording:
Notice of completion - Request authorization to file the notice of completion for the installation of cellular radios in the City of Visalia’s sanitary sewer lift stations.
Agenda Date: 08/03/2026
Prepared by:
Ben Litwack, Public Works Manager, [email protected], 559-713-4671 Nick Bartsch, Public Works Director, [email protected], 559-713-4052 Department Recommendation: Staff recommends that the City Council authorize the filing of a notice of completion for the installation of 14 cellular radios in the City of Visalia’s sanitary sewer lift stations.
Summary:
The City contracted with Telstar Instruments to replace the existing radio communication system serving the City’s13 sanitary sewer lift stations. The project included installation of 14 cellular radios (1 in each lift station and 1 master control at the Water Reclamation Facility (WRF), replacement of obsolete programmable logic controller equipment at nine lift stations, and modifications to the City’s SCADA system. These improvements allow each lift station to communicate directly with the SCADA system through a cellular network, improving the reliability of remote monitoring and alarm notification. Telstar Instruments has completed the work, and City staff has verified that the equipment was installed, configured, tested, and is operating properly. Staff is therefore requesting authorization to file a notice of completion for the project.
Background Discussion:
The City operates 13 sanitary sewer lift stations that convey wastewater from areas where gravity sewer service is not feasible. Each lift station is monitored through the City’sSCADA system, which provides Operations and Collections staff with information regarding pump operation, wet-well levels, equipment status, alarms, and other critical conditions.
The lift stations previously communicated with the Water Reclamation Facility through an aging radio system. Reliable communications are essential because a loss of communication can prevent staff from promptly receiving alarms or identifying equipment failures that could result in a sanitary sewer overflow.
Telstar Instruments was retained to replace the existing serial radios with GE Orbit cellular radios.
The project included one master radio at the WRF and radios at all 13 lift stations. The City provided the required cellular SIM cards. These radios will operate on a secure private cellular network, only accessible by devices with the sim cards specific to that network.
Nine of the lift stations contained obsolete programmable logic controllers that did not support Visalia City Council Printed on 7/31/2026Page 1 of 3
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File #: 26-0070 Agenda Date: 8/3/2026 Agenda #: 11.
Nine of the lift stations contained obsolete programmable logic controllers that did not support Ethernet communications. Telstar therefore installed and configured nine new CompactLogix programmable logic controllers and nine Ethernet communication modules. Telstar also modified the existing lift-station programming and updated the SCADA system to communicate directly with each lift station, eliminating the need for the former master programmable logic controller. The completed system was then started up and tested.
The contractor’saffidavit identifies the project as City project 20-45000 and states that work was performed through June 28, 2026. The affidavit also confirms compliance with applicable prevailing- wage and apprenticeship requirements.
The work has been completed, and City staff has verified that the cellular communication system and associated control equipment are functioning properly.
Fiscal Impact including annual maintenance and operating costs: This project was budgeted in the Wastewater Fund (431) Capital Budget under CP0799. A Purchase Order was issued (P04510) in the amount of $112,278 for this project which included labor, materials, shipping, and sales tax. The budgeted amount of $112,278 includes a five percent retention of $5,614 which staff intends to release following the filing of the notice of completion and expiration of the applicable statutory period. The cellular radios will require ongoing cellular data service. These costs will be paid from the Wastewater Fund’s existing operating budget.
Prior Council Action: November 17, 2025 - Approved a sole source purchase and installation of 14 cellular radios in the amount of $112,278.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a notice of completion for the installation of cellular radios in the City of Visalia’s sanitary sewer lift stations.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 08/03/2026
Attachments:
P04510
Staff Report Item 11
Scope of Work
Contractor’s Affidavit
NOC
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File #: 26-0070 Agenda Date: 8/3/2026 Agenda #: 11.
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
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Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
October 23, 2025
Visalia Collections
7579 Avenue 288
Sent via Email: [email protected]
Attn: Rick Paredez
Subject: Visalia Collections Radio Upgrade
Reference: 20-45000
Drawings: N/A
Specifications: N/A
Dear Rick,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”).
By accepting this proposal from Telstar, you agree to treat this as confidential information.
SCOPE OF SUPPLY / SERVICES:
1. Telstar will provide, configure, and install fourteen (14) new GE Orbit Cellular Radios to replace existing serial radios.
a. One (1) new master radio at Wastewater Plant.
b. Thirteen (13) lift station radios.
Note: SIM cards to be provided by the City of Visalia.
2. Telstar will provide, install, and configure nine (9) new 5069 CompactLogix PLC’s and nine (9) new 1769 Ethernet Communication modules to upgrade the stations with obsolete hardware. a. Note: this is necessary as nine of the thirteen Lift Stations processors do not support ethernet communication. The use of serial-to-ethernet converters is strongly discouraged with cellular radios.
3. Telstar will modify existing Lift Station PLC programming to utilize new hardware where required.
4. Telstar will update the SCADA system with direct communication to lift stations removing the need of a Master PLC.
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Contractor License #422364
Contractor DIR #1000000899
5. Telstar will provide startup and testing of complete system.
Lump Sum Price for this Scope ............................................................................................ $112,278.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to Industry Material Pricing and Delivery clause under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Please reference the above stated quote number in all correspondence and purchase orders. f. A fee of 2% will be applied to all invoices paid by credit card.
TERMS AND CONDITIONS
Base Terms: The attached Quotation is valid for 30 days from the date of Telstar Instruments’ (“Telstar”) quotation.
Acceptance of Telstar’s Quotation constitutes a binding Agreement incorporating these Terms and Conditions (”Agreement”). Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18 -3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party.
The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar. Telstar’s standard one year pa rts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote.
Overtime and premium labor hours are not included in the quotation, and will result in an additional charge. Service calls are charged at a 4 -hour minimum per person, excluding travel time, which is charged separately. Unless expressly stated in the Quotation, training, op eration and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work. The term “Equipment” and “Services” as used in these Terms and Conditions refers to the materials and labor provided by Telstar under this Agreement.
Limitation of Liability : (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or Services, downtime costs, delays, or claims of customers of Customer, their officers, directors, mem bers employees or any third parties for any damages. Telstar’s liability for any claim, whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any Equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty -five percent (25%) of the purchase price allocable to the 395
Contractor License #422364
Contractor DIR #1000000899