Permanent trash enclosures may be required for multiple family developments of four units or greater, all commercial, professional office and industrial uses subject to Chapter 8.28 of the Visalia Municipal Code. The specific location, design and size of a trash enclosure shall be reviewed and approved by the site plan review staff.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: prior code § 7477)

   A.   Measurement. The height of a structure shall be measured vertically from the average elevation of the ground level along the front property line to the highest point of the structure.

   B.   Exceptions. Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, new wireless telecommunication facilities, radio and television aerials, transmission towers, fire towers and similar structures and necessary mechanical appurtenances covering not more than ten percent of the ground area covered by the structure may be erected to a height not more than twenty-five (25) feet above the height limit prescribed by the regulations for the zone in which the site is located. Utility poles and towers shall not be subject to the height limits prescribed by the regulations for the zone in which the site is located. Utility poles and towers shall not be subject to the height limits prescribed in the zone regulations. Nothing in this title pertaining to fence and wall heights shall be construed so as to apply to a fence or wall required by any law, regulation or safety standard of the state of California or agency thereof. (Ord. 2017-01 (part), 2017: Ord. 2015-01 § 4, 2015: prior code § 7478)

   Above ground tanks dispensing Class I, II, and III-A liquids that are located within 100 feet of a residential use or residential zoned property shall comply with the special enclosure requirements of the 2019 California Fire Code "Con Vault" type tanks. Installations are to be individually approved by the Fire Chief or his/her designee in conformance with adopted operational procedures.

   Any use involving the manufacture of flammable/combustible liquids shall first be approved by the Fire Chief or his/her designee and comply with applicable regulations of the 2019 California Fire Code.

   A.   Home occupation permits may be processed as an administrative matter by the city planner and no hearing shall be required.

   B.   For the purpose of this section, a home occupation shall be considered any conduct for 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 lawful residential use, which is clearly incidental and secondary to the use of the structure for a dwelling purpose, and which does not change the character of the residential use. A home occupation may be permitted by issuance of a home occupation permit by the planning department staff in accordance with the following regulations and no business license shall be issued beforehand:

   1.   A home occupation shall be clearly incidental to the use of a structure as a dwelling;

   2.   A home occupation shall not be conducted in an accessory structure. There shall be no storage or display of equipment, supplies or products in an accessory structure or outside the dwelling;

   3.   There shall be no sign of whatever nature identifying the home occupation;

   4.   No person, other than a resident of the dwelling, shall be employed or subcontracted on the premises in the conduct of a home occupation;

   5.   No commercial vehicles in excess of three-quarter ton capacity shall be used to deliver materials to or remove materials from the premises;

   6.   Not more than one vehicle of not more than three-quarter ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises;

   7.   The home occupation shall not involve the use of power equipment on the premises using motors exceeding one horsepower combined capacity;

   8.   There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted that would reflect the existence of said home occupation. Existence of a home occupation shall not be apparent;

   9.   No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used that creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises;

   10.   The home occupation shall not involve the storage or use of pesticides;

   11.   The home occupation shall not require additional off-street parking spaces;

   12.   Required covered or uncovered parking shall not be used for the conduction of home occupations;

   13.   No home occupation shall be conducted between the hours of eleven p.m. and eight a.m.;

   14.   The home occupation requiring the installation of additional plumbing within the existing dwelling shall be approved by planning commission;

   15.   Additional requirements or conditions may be added as deemed necessary by the city planner;

   16.   In order to limit commercial traffic in neighborhoods, no customers may come to your residence for any business transaction.

   C.   A home occupation permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked for repeated violations.

   D.   In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission as provided in Section 17.28.050. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7479)

   A.   Cottage foods operations operating in accordance with Health and Safety Code Sections 114365-114365.6 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Section 17.32.030 prior to commencement of the use.

   B.   Notwithstanding the provisions of Section 17.32.030, a cottage food operation is allowed to employ one full-time equivalent employee on site.

   C.   Notwithstanding the provisions of Section 17.32.030, a cottage food operation may sell food produced on-site directly to consumers at the site.

   D.   A cottage food operation shall be conducted in the residence's existing kitchen.

   E.   An approved home occupation permit shall not be effective until the appropriate permit is obtained from the Tulare County Health and Human Services Agency and shall automatically expire and be null and void if the County permit or approval expires, is disapproved, or is revoked.

(Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017)

   A.   Purpose. The purpose of this section is to promote the available housing opportunities for the present and future residents of Visalia by the establishment of policies and development standards for the planned mobile home parks. The development standards for the planned mobile home parks will further encourage the creation of stable, attractive, residential environments within the individual mobile home parks themselves and provide for a desirable transition or buffer to the surrounding areas.

   B.   Definitions.

   "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. Smaller units can be considered as a mobile home if it is a long-term (greater than thirty (30) days) installation.

   "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 a permanent or semi-permanent basis regardless of whether or not a charge is made for such accommodations.

   "Mobile home site" means any portion of a mobile home park designated for the occupancy of one mobile home and approved on-site structures in connection with such occupancy.

   "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, which is intended for permanent or semi-permanent use and that has no foundation other than wheels and temporary stabilizing units.

   C.   Supplemental Regulations. The provisions of this section shall be considered supplemental to applicable state regulations and to other pertinent city ordinances. Where this section, and such regulations and other ordinances do not control, the provisions of the Federal Department of Housing and Urban Development's Mobile Home Court Development Guide, FHA G 4200.7, January 1970, or successor documents thereto, shall be used by the city as "minimum standards" guide to administrative decisions regarding mobile home park developments.

   D.   Permitted Uses.

   1.   Mobile homes for single-family dwelling use;

   2.   Common recreation facilities and structure;

   3.   Administrative offices for mobile home park use only;

   4.   Accessory uses normally incidental to mobile home park.

   E.   Prohibitions.

   1.   Mobile homes, other than those being offered for sale in properly zoned commercial areas, when occupied, shall be located only within approved mobile home parks or in existing mobile home parks that are nonconforming uses.

   2.   Travel trailers shall not be located or occupied in mobile home parks except as hereinafter specified.

   3.   Commercial activities, except the initial sale of mobile homes, whether or not appurtenant to the operation of a mobile home park, shall not be permitted in mobile home parks.

   4.   No more than one mobile home shall be allowed on each mobile home site.

   F.   Required Permit.

   1.   All planned mobile home parks shall be subject to design review and a conditional use permit, pursuant to Chapter 17.38 of the code shall be granted prior to the commencement of construction of any mobile home parks.

   2.   Application for a conditional use permit of a planned mobile home park shall be accompanied by the following information:

   a.   A complete plot plan showing all physical features of the proposed mobile home park site and adjacent public streets and areas;

   b.   A complete storm drainage plan providing for the ultimate disposal of storm water showing on-site facilities and off-site storm lines;

   c.   A complete sanitary sewer plan for the entire and individual mobile home sites, including all off-site lines and, where necessary, left stations, adequate to serve the proposed development;

   d.   A complete water source and distribution plan for the entire mobile home park;

   e.   A complete plot plan of sites, landscaping, parking areas, access, recreation and storage areas.

   G.   Development Standards.

   1.   Mobile Home Park Locational Factors.

   a.   The park shall not be exposed to objectionable smoke, dust, noise, odors or other adverse influences, and no portion of the site shall be subject to predictable sudden flooding or erosion.

   b.   The park shall be placed in areas that are zoned for residential purposes only to assure that mobile home residents can enjoy the same safeguards from conflicting land uses (i.e., industry, service commercial, etc.) as could residents located adjacent to this form of residential categories.

   c.   The park shall be evaluated for its impact upon adjacent land uses. The adverse impacts such as overcrowding the educational facilities, neighborhood and the public recreational facilities must be avoided.

   d.   Mobile home parks shall be served by existing community sewer and water systems. The development of such parks with individual water and sewer systems will not be permitted.

   e.   All mobile home park entrances and exits shall have direct access to a collector street as shown on the approved streets and highways plan. Secondary access to mobile home parks could be permitted by the planning commission from local streets.

   2.   Mobile Home Park Size and Density.

   a.   The minimum area for a mobile home park development shall be ten acres. However, it shall not exceed forty (40) acres per development. This would allow up to two hundred forty (240) mobile homes per development.

   b.   The maximum gross density shall be that of the underlying Zone District.

   3.   Setbacks.

   a.   Mobile Home Park.

   Front yard: twenty-five (25) feet;

   Side yard: twenty-five (25) feet;

   Rear yard: twenty-five (25) feet.

   b.   Individual Mobile Home Lot.

   Front yard: ten feet;

   Side yard: five feet;

   Rear yard: five feet.

   c.   No mobile home shall be located in any required yard space except that tow bars may extend into such yard space and covered porches or patios may extend not more than one-half the distance into a required side yard.

   d.   Required mobile home park yards shall be fully landscaped, sprinklered and maintained, in accord with landscape plans to be submitted and approved with conditional use permit applications.

   e.   No travel trailer or boat shall be stored in any required yard area or elsewhere on any mobile home site.

   f.   Mobile home sites shall be so designed, the mobile homes so placed, as to maintain fifteen (15) feet side to side, ten feet corner to corner, and ten feet end to end clearances.

   4.   Patios and Pads.

   a.   Each mobile home site shall have a hard surfaced patio area of concrete not less than two hundred (200) square feet in area. Any permanent porch greater than fifteen (15) square feet in area shall be counted as part of the required patio area.

   b.   Each mobile home site shall have a mobile home support pad consisting of a dust-free surface over a base adequate to support the mobile home. Said spaces shall be kept free of obstacles such as porches and storage sheds.

   c.   Individual mobile home sites shall be a minimum of two thousand six hundred (2,600) square feet.

   d.   No mobile home site shall be less than thirty (30) feet in width.

   5.   Parking.

   a.   Not less than one guest parking space shall be provided at a central location or locations for each four mobile home sites.

   b.   Adequate parking in accord with Chapter 17.34 of the zoning ordinance shall be provided for central recreation buildings, mobile home park offices, and similar approved facilities.

   c.   Supplemental parking for pleasure boats, non-occupied travel trailers and other uses shall be provided at a ratio of one space to each ten mobile home sites. Said parking shall be clustered and shall be screened from view by means of solid fence and/or landscaping.

   d.   All parking areas shall be constructed and maintained in accord with Section 17.32.030.

   e.   Parking in the rear is encouraged as a good design feature.

   f.   All parking areas shall have a minimum of ten percent of landscaping with no more than eight parking stalls prior to installation of an eighty (80) square foot landscaped island.

   6.   Private Streets.

   a.   Entrance streets shall be located not less than one hundred fifty (150) feet from public street intersections and the location and design thereof shall be approved by the city. Entrance streets, and other collector streets within the mobile home park shall be not less than thirty-six (36) feet minimum width.

   b.   All other streets within the mobile home park shall be of thirty (30) feet minimum width.

   c.   Cul-de-sacs shall be a maximum of six hundred (600) feet in length with a fully paved turnaround at the end of eighty (80) feet minimum diameter.

   d.   Parking shall be permitted on both sides of entrance and collector streets and on only one side of other streets, and shall be so signed. Such parking may be calculated in total mobile home parks or individual mobile home property requirements.

   e.   Streets shall be designed in accord with the current structural cross section requirements for the city subdivision streets, except that widths shall be as per this code section and concrete center gutters of not less than twenty-four (24) inches width and such greater width as may be determined by the city to be necessary to carry storm drainage may be substituted for standard curb and gutter.

   f.   Driveways for individual sites and to community areas shall be improved as prescribed in Section 17.34.030.

   7.   Lighting.

   a.   Public right-of-way lighting, with underground wiring, shall be provided abutting mobile home parks, with a minimum installation of one seven thousand (7,000) lumen ornamental pole electrolier at the park entrance, one at any abutting public street intersection, and/or one at each three hundred thirty (330) foot interval along park street borders.

   b.   Interior park lighting, with underground service shall provide for all interior streets.

   8.   Storm Drainage.

   a.   Mobile home parks shall pay a storm drainage fee per acre equivalent to that charged for multi-family developments.

   b.   The mobile home park application shall be accompanied by a complete drainage plan, including proposed ultimate disposal, and the city will review same for conformity with drainage master plans for the area.

   c.   Maintenance of all mobile park drainage facilities shall be the responsibility of the developer. Underground and pump facilities shall be built to current city subdivision standards.

   9.   Sanitary Sewers.

   a.   All mobile home parks shall be connected to the city sanitary sewer system and shall pay sewer fees per acre equivalent to that charged for multi-family development.

   b.   All sanitary sewers in mobile home park streets shall be designed in full accord with current city public sewer standards, except that the city engineer may approve six inch mains not to exceed two hundred (200) feet in length with clean outs at the end of such six inch mains in lieu of holes.

   c.   All sewer laterals to individual mobile home sites shall comply fully with applicable city codes for single-family residential dwelling connections.

   10.   Water System.

   a.   All mobile home parks shall be served by a central water supply system approved by the city.

   b.   All water system design shall meet the standards prescribed by the city fire chief as required to maintain Class IV fire rating requirements, including line sizes, pressures, standby pumps and/or well supplies, storage and fire hydrant specifications and placement. All required fire hydrants shall be installed and paid for by the developer within the park and on adjacent public rights-of-way.

   11.   Undergrounding. All public utilities shall be installed underground, including electrical supply, telephone, street lighting cable, community antenna TV and ducting provision for cable television. A community TV antenna shall be provided; usage of individual antenna on each mobile home will not be permitted.

   12.   Street Name Signs. Approved street names and street name signs shall be provided and maintained at each in-park street intersection and at each entrance to a public street.

   13.   Utility Connections. All required conditions, including paving, landscaping, street signs, etc., shall be completed prior to connection to a sanitary sewer for any mobile home park or site therein.

   14.   Other Facilities.

   a.   Each mobile home park shall have a laundry building for clothes washing and drying. A yard area may be provided adjacent to said building for clothes hanging, and shall, if provided, be screened with a six-foot masonry wall.

   b.   The park owner shall utilize city approved disposal bins for disposal of all solid waste. Locations of disposal bins shall be shown on the site plan and approved by the city. Common outdoor garbage collection areas shall be screened with a six-foot-high masonry fence and shall be located as not to cause traffic hazard.

   c.   No in-park commercial facilities, including the sale of convenience goods, will be allowed except for vending machines sales that may be permitted in central recreation or management areas only.

   15.   Miscellaneous Regulations.

   a.   Open irrigation ditches within or adjoining to a mobile home park shall be piped or fenced in accord with this ordinance code.

   b.   No permanent shed other than storage shed, mobile home porch and steps or temporary sunscreen or windscreen shall be erected on any mobile home site.

   c.   All mobile homes shall be fitted with appropriate metal or screen block skirts obscuring stands at the time of placement on the site.

   d.   The maximum permitted height of any structure or mobile home shall be thirty (30) feet.

   e.   All pertinent state and city regulations concerning the development and operation of mobile home parks shall be observed.

(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: prior code § 7480)

   No retail store, food store, or other commercial use with over 40,000 square feet of floor space shall be allowed in the C-N zone. (Ord. 2017-01 (part), 2017)

   Drug stores or pharmacies that also sell general retail merchandise in the O-PA zone may only be located on the corner property at arterial/arterial or arterial/collector intersections. The parcel size shall not exceed 60,000 square feet and the building size shall not to exceed 14,000 square feet. (Ord. 2017-01 (part), 2017)

   In an R-1 or R-M zone, no sales offices of any character shall be permitted in any subdivision except one sales office in a subdivision of not less than five acres located not less than one hundred fifty (150) feet from any existing dwelling outside of the subdivision. Any temporary sales office in a subdivision may be located in a model home on a lot located in the subdivision. (Ord. 2017-01 (part), 2017: prior code § 7482)

   A.   All vehicle wrecking and storage yards shall be screened by a solid fence or wall not less than six feet in height, located on the property line, except in a required front yard, and suitably maintained.

   B.   No storage or parts, debris or inoperable vehicles shall be permitted outside the screened area.

   C.   All existing vehicle wrecking and storage yards that do not conform to the screening requirements of this section shall conform within one year from notification from the building official.

   D.   All vehicle wrecking and storage yards shall be located on a site no less than two (2) acres in size. (Ord. 2017-01 (part), 2017: prior code § 7483)

   A landscaped area provided in compliance with the regulations prescribed in this title or as a condition of a use permit or variance shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be maintained and replaced as needed, to screen or ornament the site. (Ord. 2017-01 (part), 2017: prior code § 7484)

   A.   Architectural features including sills, chimneys, cornices and eaves may extend into a required side yard or a space between structures not more than thirty (30) inches and may extend into a required front or rear yard not more than thirty-six (36) inches.

   B.   Open and covered, unenclosed porches, platforms, stairways and landing places, no part of which is more than eighteen (18) inches above the surface of the ground, may extend into a required front yard or space between buildings not more than six feet.

   C.   Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the zoning district. (Ord. 2017-01 (part), 2017: prior code § 7485)

   A.   Definitions.

   "Mobile living unit" means camp car, commercial coach, mobile home, recreational vehicle, or travel trailer, as each of these terms are defined in Chapter 1, Sections 18000 through 18013 (Part 2, Mobile Homes) and in Chapter 1, Sections 18200 through 18220 (Part 2.1, Mobile Home Parks Act), Division 13 of the Health and Safety Code of the state of California, and a camp trailer, house car, or trailer coach, as each of these is defined in Division 1 (Section 100 through 675) of the Vehicle Code of the state of California, or any other vehicle or structure designed or altered in such a manner as will permit occupancy or use thereof for living or sleeping purposes, and so designed or equipped with wheels, or capable of being mounted on wheels, and used as a conveyance on public streets or highways, propelled or drawn by its own or other motive power, excepting a vehicle or device exclusively upon stationary rails or tracks.

   "Person" means and includes any natural person, partnership, firm, company, corporation, trust, or unincorporated association.

   B.   Use or Occupancy of Mobile Living Units for Living or Sleeping Purposes Prohibited. Except as provided in subsection (C) of this section, it is unlawful for any person to occupy, for living or sleeping purposes, any mobile living unit within the city upon any street, alley, road, highway, public parking lot or upon any other parcel of publicly or privately owned real property.

   C.   Permitted Use and Occupancy of Mobile Sleeping Units. Section 17.32.100(B) shall not apply to or prohibit the occupancy of mobile living units for living or sleeping purposes at the following times or places:

   1.   While the mobile living unit is in motion upon a street, road, highway or alley;

   2.   While the mobile living unit is parked in a lawfully established and licensed mobile home park, recreational trailer park or labor camp subject to Chapter 4, Par 9, Division 2 of the Labor Code of the state of California or in other public or private facilities that are designed, equipped and licensed by the city to accommodate mobile living units and that provide for temporary or permanent sewer and waste water connections to the mobile living unit and that provide temporary or permanent utility connections to such mobile living unit;

   3.   While the mobile living units parked on private property, and not on a public street, parking lot or right-of-way, at the expressed invitation of the person owning or having the right to possess the private property and;

   a.   The mobile living unit is not connected to any utility or sewer or waste water facilities on other than in a temporary electrical connection installed and connected to the mobile living unit in compliance with all applicable laws and ordinances of the city,

   b.   The owner or persons having the right of possession of the private property upon which the mobile living unit is parked receives no direct or indirect payment, gratuity or remuneration of any kind from the owner of or occupant of the mobile living unit for allowing the same to be parked upon said private property,

   c.   The mobile living unit is not parked on private property for more than seven days in any twelve (12) month period,

   d.   The occupants of the mobile living unit do not discharge any litter, sewage or waste water, effluent, garbage or other matter out of or from the mobile living unit while so parked except into public or private facilities intended for the disposal of such material;

   4.   While the mobile living unit is lawfully parked upon a public street, right-of-way or parking lot, and;

   a.   The mobile living unit is parked for a period not to exceed fourteen (14) hours during the period from six p.m. one day to eight a.m. the next day for two consecutive nights,

   b.   The mobile living unit is not parked upon a public street or right-of-way or parking lot in a residential zone of the city,

   c.   Said mobile living unit conforms to all applicable sections of the Vehicle Code of the state of California,

   d.   The mobile living unit is completely self-contained so far as utilities are concerned including disposal of waste water and sewage,

   e.   The occupants of the mobile living unit do not discharge any litter, sewage or waste water, effluent, garbage or other matter out of or from the mobile living unit while so parked except into public or private facilities intended for the disposal of such material.

   D.   No Prohibition of Storage. Nothing in this chapter shall be deemed to prohibit the owner or occupants of the mobile living unit from parking the same upon property owned by him or of which he has the right of possession as long as the same is not used for living or sleeping purposes in violation of any other provisions of this chapter.

   E.   Punishment for Violation.

   1.   Violation of any of the provisions of this chapter shall constitute an infraction pursuant to Section 19(c) of the California Penal Code.

   2.   Any violation thereof shall be punishable by: (a) a fine not exceeding fifty dollars ($50.00) for a first violation; (b) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; (c) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter. Each day a violation of this chapter continues shall be regarded as a new and separate offense and punishable as such.

   F.   Declaration of Public Nuisance. Any occupancy or use of a mobile living unit and the mobile living unit itself, parked or occupied in violation of the provisions of this chapter shall be and the same is declared unlawful and a public nuisance. The city may initiate any necessary proceedings for the abatement, removal and prohibition of use thereof in the manner provided by law and may take all steps available to it to accomplish such ends and may apply to a court of competent jurisdiction for granting such relief that will remove and abate the mobile living unit or use and restrain and enjoin any person from moving, using or maintaining a mobile living unit upon a site or place or in a manner contrary to the provisions of this chapter. The remedies prescribed in this chapter are cumulative and nonexclusive.

   G.   Violation Procedure. Any person found to be in violation of the provisions of this chapter may be notified and cited in accordance with the provisions established by the planning department of the city and approved by the city council thereof. (Ord. 2017-01 (part), 2017: Ord. 9605 § 28, 1996: prior code § 7486)

   It is the purpose of this section to, where approved, allow the placement of mobile homes on individual lots. The mobile homes would have to conform with the minimum development standards for the zone in which it is located and, in addition, meet the criteria set forth in this section.

   A.   Location Exceptions. Mobile homes may be placed on individual lots in all single-family residential zones and with the following exception: lots located within the city historic preservation district.

   B.   Effect of Conversion. A mobile home that has been placed on a foundation system pursuant to this section shall be deemed to be a mobile home and subject to local property taxation.

   C.   Site plan review Permit. A mobile home on a foundation system on an individual lot is permitted upon approval of the city's site plan committee pursuant to Chapter 17.28 of the zoning regulations.

   D.   Eligibility. A mobile home shall not be located on a permanent foundation on a private lot unless it:

   1.   Was constructed and certified under the National Mobile Home Construction and Safety Standards Act of 1974;

   2.   Has not been altered in violation of applicable codes.

   E.   Criteria. Mobile homes located on a foundation system on an individual lot shall:

   1.   Be occupied only as a residential type use;

   2.   Be subject to all provisions of this section applicable to residential structures. Such review to include parking, setbacks, and building separations;

   3.   Meet all requirements for the zone in which they locate;

   4.   Be attached to a foundation system in compliance with all applicable building regulations;

   5.   Mobile home review may include consideration of roof overhang, roofing material, and siding material to assure aesthetic compatibility with traditional single-family housing structures.

   F.   Surrender of Registration. Subsequent to applying for the required building permits, and prior to occupancy, the owner shall request a certification from the building department of a certificate of occupancy be issued pursuant to Section 18557(a)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any mobile home that is permanently attached with foundation must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

   G.   Building Permit Required. Prior to the installation of a mobile home on a permanent foundation system, the mobile home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18557(a) of the State Health and Safety Code. (Ord. 2017-01 (part), 2017: prior code § 7487)

   Notwithstanding Table 17.25.030, private clubs and lodges shall not be permitted on C-R zoned properties fronting Mooney Boulevard between SR 198 and Visalia Parkway. (Ord. 2017-01 (part), 2017)

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

   A.   Definitions. For the purpose of this section the following definitions shall apply:

   "Video arcade" means a commercial establishment that contains five or more "video machines."

   "Video machine" means any machine, device or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest, which is operated through the use of electronic means with images and sounds transmitted through a cathode ray tube.

   B.   Permits Required.

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

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

   C.   Operational Criteria.

   1.   Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools.

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

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

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

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

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

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

   A.   Applicability. The requirements of this section apply to all emergency shelters as defined in Chapter 17. 04. Furthermore, an emergency shelter may operate on a short-term basis provided that an operating schedule is included in the plan of operation.

   B.   Permits.

      1.   Emergency shelters are allowed as identified in the Zones Use Matrix included in Table 17.25.030. In accordance with State law, Government Code Section 65583, the zone where emergency shelters are allowed as a permitted use without a conditional use permit is the I-L (Light Industrial) zone. In addition, emergency shelters are a use requiring a conditional use permit in the QP quasi-public zone.

      2.   All emergency shelters are required to obtain a site plan review permit in accordance with Chapter 17.28 and are subject to the development standards in subsections C. and D. of this section.

   C.   Site development standards. The following standards are applicable to any permitted by right or conditionally allowed emergency shelter.

      1.   An emergency shelter may not be located closer than one thousand (1,000) feet to a school (a school is herein defined as an existing or planned public or parochial elementary school, middle school, high school, or licensed day care facility) or another emergency shelter or low barrier navigation center.

      2.   An emergency shelter may not be located closer than twenty-five (25) feet to the front property line of any existing dwelling unit.

      3.   An emergency shelter shall incorporate a seven (7) foot height perimeter wall constructed of concrete block, brick or stucco if the shelter is adjacent to any dwelling units. The perimeter wall is only required on sides abutting residential uses.

   D.   Standards for permitted by-right uses. The standards in this subsection must apply to any emergency shelter that is a use permitted by right. These standards shall be used as guidelines for any emergency shelter that is a use conditionally allowed in other zones, wherein a deviation from any such standard may be requested and considered as part of an application for conditional use permit.

      1.   Beds. The maximum number of beds for an emergency shelter as a use permitted by right is one hundred (100).

      2.   Parking. One (1) vehicle parking space shall be provided per ten (10) beds and one (1) parking space shall be provided per employee. Up to five (5) visitor spaces shall be provided for service providers based on the actual need as determined by the city. The City Planner has the authority to require an extra one (1) vehicle parking space per ten (10) beds for emergency shelters established in response to a natural or man-made disaster. A covered and secured area for bicycle parking shall be provided for use by staff and clients. commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.

      3.   Lighting. Adequate lighting shall be provided in all parking, pedestrian paths, and intake areas, and shall be shielded and directed away from adjacent properties.

      4.   Management/Security. Support staff and/or security must be present during the hours of operation. Facilities must maintain with the City a written plan of operation to be approved by the City Planner in consultation with the Police Department and Neighborhood Preservation Division and to be complied with at all times. The management shall address, at a minimum:

         a.   Patron access requirements.

         b.   Hours of operation.

         c.   Operating schedule if intended to operate as a short-term shelter.

         d.   Security measures.

         e.   Litter removal.

         f.   On-site management.

         g.   Staff training.

         h.   Property maintenance.

         i.   Neighborhood relations and communication.

         j.   Noise attenuation.

         k.   Pet occupancy, if applicable.

      5.   Length of Stay. The maximum length of stay per individual shall be no longer than six (6) months in a consecutive twelve (12) month period. Days of stay need not be consecutive.

      6.   Pets. If an emergency shelter chooses to allow pets, they may be unleashed inside only if they are inside a private unit or may be outside within cages or in a protected area. No limit shall be placed on the number of pets that can be maintained.

      7.   Intake/Waiting Areas. On-site waiting and intake areas shall be enclosed or screened from the public right-of-way and adiacent properties. Queuing of clients shall not be permitted outside of approved waiting and intake areas.

      8.   Outdoor Activity. An emergency shelter shall designate at least five (5) percent of the site to open or outdoor recreational space, located outside of any required front or street side landscape setback area or parking field. Outdoor activity shall be allowed only during the hours of 7:00 a.m. to 10:00 p.m. (Ord. 2022-06 (part), 2022)

   A.   Applicability. The requirements of this section apply to all low barrier navigation centers as defined in Chapter 17.04.

   B.   Permits.

      1.   Low barrier navigation centers are allowed as identified in the Zones Use Matrix included in Table 17.25.030. In addition, low barrier navigation centers are a use requiring a conditional use permit in the QP quasi-public zone.

      2.   All low barrier navigation centers are required to obtain a site plan review permit in accordance with Chapter 17.28 and are subject to the development standards in subsections C. and D. of this section.

   C.   Site development standards. The following standards are applicable to any permitted by right or conditionally allowed low barrier navigation center.

      1.   A low barrier navigation center may not be located closer than one thousand (1,000) feet to a school (a school is herein defined as an existing or planned public or parochial elementary school, middle school, high school, or licensed day care facility) or another emergency shelter or low barrier navigation center.

      2.   A low barrier navigation center may not be located closer than twenty-five (25) feet to the front property line of any existing dwelling unit.

      3.   A low barrier navigation center shall incorporate a seven (7) foot height perimeter wall constructed of concrete block. brick or stucco if the shelter is adiacent to any dwelling units. The perimeter wall is only required on sides abutting residential uses.

   D.   Standards for permitted by-right uses. The standards in this subsection must apply to any low barrier navigation center that is a use permitted by right. These standards shall be used as guidelines for any low barrier navigation center that is a use conditionally allowed in other zones, wherein a deviation from any such standard may be requested and considered as part of an application for conditional use permit.

      1.   Beds. The maximum number of beds for a low barrier navigation center as a use permitted by right is one hundred (100).

      2.   Parking. One (1) vehicle parking space shall be provided per ten (10) beds and one (1) parking space shall be provided per employee. Up to five (5) visitor spaces shall be provided for service providers based on the actual need as determined by the city. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.

      3.   Lighting. Adequate lighting shall be provided in all parking, pedestrian paths, and intake areas, and shall be shielded and directed away from adjacent properties.

      4.   Management/Security. Support staff and/or security must be present during the hours of operation. Facilities must maintain with the City a written plan of operation to be approved by the City Planner in consultation with the Police Department and Neighborhood Preservation Division and to be complied with at all times. The management shall address, at a minimum:

         a.   Patron access requirements.

         b.   Hours of operation.

         c.   Security measures.

         d.   Litter removal.

         e.   On-site management.

         f.   Staff training.

         g.   Property maintenance.

         h.   Neighborhood relations and communication.

         i.   Noise attenuation.

         j.   Pet occupancy, if applicable.

      5.   On-site requirements. A low barrier navigation center shall include on-site area where referral services are provided to assist clients in entering programs aimed at obtaining permanent shelter and income.

      6.   Pets. If a low barrier navigation center chooses to allow pets, they may be unleashed inside only if they are inside a private unit or may be outside within cages or in a protected area. No limit shall be placed on the number of pets that can be maintained.

      7.   Intake/Waiting Areas. On-site waiting and intake areas shall be enclosed or screened from the public right-of-way and adjacent properties. Queuing of clients shall not be permitted outside of approved waiting and intake areas.

      8.   Outdoor Activity. A low barrier navigation center shall designate at least five (5) percent of the site to open or outdoor recreational space, located outside of any required front or street side landscape setback area or parking field. Outdoor activity shall be allowed only during the hours of 7:00 a.m. to 10:00 p.m.

(Ord. 2022-06 (part), 2022)

   A.   Purpose and Intent. It is the purpose of this section to allow, in certain cases and subject to specific design requirements, the conversion of garages and carports for living space in circumstances where the provisions of Section 17.34.020A cannot be met post-conversion. Such conversion is deemed acceptable if the following requirements are met.

   B.   Requirements:

   1.   The site is being used as a single-family, detached, residence with a minimum lot size of five thousand (5,000) square feet;

   2.   The area converted shall be subject to all applicable building code requirements;

   3.   The garage door shall either be removed from the structure, or a wall shall be constructed behind the pre-existing garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;

   4.   In the case of garage door removal buffering, such as a planter, shall be provided between the carport or garage and the remaining parking area;

   5.   The remaining parking area shall have two parking spaces, each space having a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet from the property line.

   C.   Approval Process. The city planner or his/her designee shall approve or deny garage conversion requests based upon the specified requirements. Interested individuals may appeal the decision of the city planner to the planning commission. The planning commission's review shall be limited to compliance with the specified requirements.

(Ord. 2024-07 § 11, 2024: Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: prior code § 7490)

   A.   Purpose and Intent. It is the purpose of this section to provide for the following:

   1.   To allow, in limited cases, the operation of bed and breakfast facilities; and

   2.   To regulate such operations for the protection of the general health, safety and welfare of the citizens of the city.

   B.   Definitions.

   "Bed and breakfast inns" means a single-family dwelling that is predominantly residential in character, containing three to six guestrooms offering overnight accommodations for rent, wherein a breakfast meal is customarily included in the lodging rate.

   "Bed and breakfast, traditional" means a facility similar to a bed and breakfast inn, containing only one or two rooms for lodging purposes.

   C.   Process. Applications for traditional bed and breakfast facilities meeting the criteria stated below shall be subject to approval of a site plan review permit pursuant to Chapter 17.28. Such applications may be referred to the planning commission by the site plan review staff. Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.38. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission to further the purposes of this section.

   D.   Development Criteria for Traditional Bed and Breakfast Facilities. Traditional bed and breakfast facilities are permitted, pursuant to a site plan review permit, in R-1 and R-M zoned areas located within the boundaries of the historic district and on individual properties located outside the historic district when such properties are listed on the local register of historically significant structures. In order for a site plan review permit to be approved, the following development criteria shall be met:

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

   2.   One additional off-street parking space shall be provided for each room available for lodging purposes. Tandem parking shall not be deemed as meeting this requirement;

   3.   The owner of the facility shall reside on site;

   4.   Bed and breakfast facilities shall be subject to all applicable building, fire, health and safety codes;

   5.   No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen (14) consecutive nights;

   6.   The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The site plan review staff and/or the planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as all other provisions of this section;

   7.   One externally lighted sign shall be allowed at the facility. The sign may be either wall mounted or free standing and shall not exceed six square feet in area. A freestanding sign shall not exceed five feet in height. The historic preservation board shall have authority to review and approve, approve with conditions, or deny the location, size, materials and design of any sign proposed in conjunction with a bed and breakfast facility, subject to the above area and height limitations;

   8.   Bed and breakfast facilities shall be operated by the permanent occupants of the facility. No more than one person not residing at the facility shall be employed in the operation of the facility;

   9.   In no case shall any bed and breakfast facility be approved on a site on which the dwelling has been the subject of a garage conversion pursuant to the regulations of Chapter 17.32 governing such conversions.

   E.   Development Criteria for Bed and Breakfast Inns. Bed and breakfast inns are permitted as a conditional use in R-1 and R-M zoned areas located within the boundaries of the historic district and on individual properties located outside the historic district when such properties are listed on the local register of historically significant structures. In order for a conditional use permit for a bed and breakfast inn to be approved, the following development criteria shall be met:

   1.   All of the provisions and criteria listed in Section 17.32.150(D) for traditional bed and breakfast facilities, with the exception of subsections (D)(3) and (D)(8) of this section. However, the planning commission may require one or more of these criteria as conditions to be met in specific instances;

   2.   A bed and breakfast inn facility shall consist of no more than two residential dwellings on a maximum of two adjacent parcels. A facility consisting of more than one dwelling or parcel shall be considered a single facility. Adjacent parcels shall be adjoining contiguous parcels that are not separated by a public right-of-way.

   3.   The owner of the bed and breakfast inn shall reside at the facility. If more than one person who resides off the facility is employed, one additional off-street parking space for every two such employees shall be provided.

   F.   Appeals. Interested individuals may appeal the decision of the site plan review staff regarding traditional bed and breakfast inn facilities to the planning commission as set forth in Chapter 17.28. Decisions of the planning commission regarding bed and breakfast inn facilities may be appealed to the city council as set forth in Section 17.02.145.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 2001-07 § 4, 2001: prior code § 7491)

   A.   Permits Required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table:

 

   B.   Review Criteria. The city council is empowered to adopt by resolution specific criteria and guidelines for review of applications for recycling facilities. The council may amend these standards from time to time, by resolution.

   1.   Small collection facilities shall be located on a developed commercial or industrial center of no less than two acres in site area; and

   2.   No portion of a small collection facility shall encroach closer than 25 feet or the minimum landscape setback required by the underlying design district, whichever is greater, to a front, side, or rear landscape setback area, including ultimate rights of way; and,

   3.   Small collection facilities shall be located entirely on a fully paved surface. (Ord. 2017-01 (part), 2017: Ord. 2012-10, 2012: Ord. 9605 § 30 (part), 1996: prior code § 7492)

   A.   Location Criteria.

   1.   Parcel must be a corner property at arterial/arterial intersections or directly adjacent to a corner parcel with an existing fast food or sit down restaurant.

   2.   Up to two fast food or sit down restaurants may be located at an intersection and not be subject to the one-mile distance requirement.

   3.   Cannot be located within one mile of an existing or approved fast food location with or without drive-through or sit down restaurant.

   4.   Site must be located in the industrial park roughly defined as south of Riggin Avenue, west of Shirk to Highway 99 and north of the Hurley Avenue alignment.

   5.   A drive-thru kiosk only, serving beverages but without foods prepared on the site, may be allowed on an improved arterial/collector intersection with approval of a conditional use permit (CUP) if the site is located on a legally existing underdeveloped parcel that is less than 12,000 square feet in net area. Such location shall not be subject to the one-mile separation requirement specified in this section A.3. (Ord. 2017-01 (part), 2017: Ord. 2007-17 § 1, 2007: Ord. 2000-02 § 1 (part), 2000)

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

   B.   Performance standards:

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

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

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

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

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

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

   A.   Purpose and Intent. The purpose and intent of this section is to promote quality, clarity and consistency in applying the requirements and guidelines for the acceptance, processing and approval of new wireless telecommunication facilities and modifications to existing wireless telecommunication facilities. The purpose and intent of this section is also protect the benefits derived by the city, its residents, and the general public from access to personal wireless telecommunication services while minimizing, to the greatest extent feasible, the redundancy of wireless telecommunication facilities. The city desires to balance these goals, by permitting the installation and operation of wireless telecommunication facilities where they are needed, while reducing, to the greatest extent feasible, adverse economic, safety and/or aesthetic impacts on nearby properties and the community as a whole.

   B.   Definitions. The definitions set for in this section shall apply to this title.

   "Ancillary structure" means any development associated with a wireless telecommunications facility, including but not limited to foundations, concrete slabs on grade, guy wire anchors, generators and transmission cable supports. This definition does not include equipment cabinet.

   "Antenna" means any apparatus designed for transmitting and/or receiving electromagnetic waves

that includes but is not limited to, telephonic, radio or television communications. Types of antenna include, but are not limited to, omnidirectional (whip) antennas, sectorized (panel) antennas, or parabolic (dish) antennas.

   "Antenna array" means a single set or group of antennas and their associated mounting hardware, transmission lines or other appurtenances that share a common attachment device such as a mounting frame or mounting support.

   "Attached wireless telecommunications facility" means a wireless telecommunication facility and ancillary structures that are secured to an existing structure, as defined in Section 17.04.030, with any accompanying equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site.

   "Collocate or Collocation" means location or placement of wireless telecommunications facilities by two (2) or more wireless personal service providers on an antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. The term "Collocation" shall not be applied to a situation where two (2) or more wireless personal service providers independently place attached wireless telecommunication facilities on an existing building or structure.

   "Combined antenna" means an antenna or antenna array designed and utilized to provide services for more than one (1) wireless provider for the same or similar type of services.

   "Conceal or Concealed" means a wireless telecommunication facility in which the antenna, monopole, and/or tower, and sometimes the support equipment, are hidden from view, or effectively disguised as may reasonably be determined by the city planner or planning commission as applicable, such as in a false tree, monument, cupola, or other concealing structure that either mimics, or also serves as, a natural or architectural feature in a compatible environment concealed wireless telecommunication facilities that do not mimic or appear as a natural or architectural feature to the average observer are not within the meaning of this definition.

   "Coverage" means the geographic area served by an individual wireless telecommunications facility installation.

   "Digital Antenna System (DAS)" means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

   "Eligible facilities request" means a request that involves collocation, removal, or replacement of wireless telecommunication facilities.

   "Equipment cabinet" means a structure located at a base station that is above the base flood elevation and designed exclusively to contain radio or other equipment necessary for the transmission or reception of wireless telecommunication signals. An equipment cabinet cannot be used for storage and/or habitable space.

   "Existing structures and facilities" means any wireless telecommunications facility for which a permit has been properly issued pursuant to this Section or prior to its adoption.

   "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal, cost and technological factors.

   "Lattice structure" means a tapered style of antenna support structure that typically consists of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars to support antennas.

   "Location" means the area where a wireless telecommunications facility is located or proposed to be located. Reference to location shall be exact longitude and latitude, to the nearest tenth of a second, with bearing or orientation referenced to true north.

   "Modification" means the change, or proposed change, of any portion of a wireless telecommunication facility from its description in a previously approved wireless telecommunication facility permit. Modification includes structural reinforcement, change in antenna type, and changes that alter the appearance, size or height of a wireless telecommunication facility.

   "Monopole" means a style of freestanding antenna support structure that consists of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of antenna support structure is designed to support itself without the use of guy wires or other stabilization devices. These components are mounted to a foundation that rests on or in the ground or on the roof of a building.

   "Mount" means the surface upon which antennas arts mounted. Mounts include, but are not limited to roof-mounts (mounted on the roof of a building) and side-mounts (mounted on the side of a building).

   "Non-residential use" means uses such as churches, schools, and residential care facilities that are not a residential use but may be allowed in a residential zone typically with a conditional use permit.

   "Personal wireless telecommunications services" means commercial mobile radio services, unlicensed wireless services and common carrier wireless exchange access service as identified in the Telecommunications Act of 1996.

   "Siting" means the method and form of placement of a wireless telecommunications facility on a specific area of a property.

   "Support equipment" means the physical, electrical and/or electronic equipment included within a wireless telecommunication facility used to house, power, and/or process signals from or to the facility's antenna or antennas.

   "Utility tower" means an open framework structure or steel pole used to support electric transmission facilities.

   "Wireless telecommunications facility" means a staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of any combination of the following for that purpose: a mount, an antenna support structure, a monopole, a lattice structure, an ancillary structure, an antenna or antenna array or combined antenna, transmission cables, support equipment, and/or equipment cabinet.

   C.   Preferred Zones and Locations. When doing so would not conflict with the standards set forth in this Section or with federal law, wireless telecommunication facilities shall be located in the most appropriate location as described in this subsection (C), which range from the most appropriate to the least appropriate.

   1.   Collocation on existing facilities and structures located on city owned property;

   2.   Collocation on existing structures and facilities in the public or quasi-public zone;

   3.   Collocation on existing facilities and structures or attached wireless telecommunication facilities in the allowed Commercial, Office or Industrial Zones;

   4.   Location of new wireless telecommunication facilities on city owned property;

   5.   Location of new wireless telecommunication facilities in the Public or Quasi-Public Zone;

   6.   Location of new wireless telecommunication facilities in the allowed Commercial, Office and Industrial Zones.

   D.   Setbacks.

   1.   Fall Zone Setback. In order to ensure public safety, all new wireless telecommunication facilities shall maintain a setback at a 1:5 ratio, measured from property lines, based on the height of the cell tower, including any antenna or antenna array attached thereto. All new wireless telecommunication facilities shall also meet the minimum setback requirements of the underlying design district.

   2.   Variance. Setbacks for wireless telecommunication facilities may be modified if the requirements of Chapter 17.42 can be satisfied and the applicant can demonstrate that the siting for the proposed wireless telecommunication facility will be the least visually obtrusive profile, will not detract from the beauty and/or character of the area in which it is proposed to be located, and will not cause a public safety issue.

   E.   Height limits for new wireless telecommunication facilities shall be determined per Table 17.32.163(E)(A) The planning commission may approve additional height beyond the maximum allowed subject to the provisions Chapter 17.42 (Variance and Exceptions) of the Visalia Zoning Ordinance.

 

 

   F.   Concealed Wireless Telecommunications Facilities Required. All new wireless telecommunication facilities are required to be concealed. A wireless telecommunication facility that is not concealed may be permitted so long as the following findings can be met:

   1.   The siting of the proposed wireless telecommunication facility will not adversely impact the use of the property, other buildings and structures on the property, or the surrounding area or neighborhood.

   2.   The siting of the proposed wireless telecommunication facility will result in the least intrusive visual impact to the area.

   3.   To the maximum extent reasonably feasible, the proposed wireless telecommunications facility has been designed to blend with the surrounding area and is appropriately designed for the specific site.

   G.   Concealed Wireless Telecommunication Facility Options.

   1.   The use of so-called "monopines, monopalms and other mono-trees" to conceal wireless telecommunication facilities shall be evaluated during the site plan review permit process. The applicant shall demonstrate that these structures will blend in with the surrounding neighborhood in order to be considered. Photo simulations are required for a proposed mono-tree. The city planner may condition additional architectural features (monopine, monopalm, horizontal installation, application of color) to a wireless telecommunication facility to ensure compatibility with the surrounding physical environment. Due to environmental factors such as wind, rain and sun, the owner/applicant shall conduct an annual inspection on all mono-trees to ensure that the faux foliage continues to resemble a tree, and fully screens all antennas, antenna arrays, mounts, ancillary structures and/or support equipment. All mono-tree designs shall incorporate appropriate three-dimensional bark cladding, and shall provide for screening foliage to extend beyond all antennas by no less than twenty-four (24) inches. The design, number and placement of any branch-like structures affixed to the tower shall insure adequate camouflaging of the antennas, antenna arrays, mounts, ancillary structures and/or support equipment.

   2.   The use of alternative structures, including but not limited to such structures as a church cross, statue, light pole, flagpole, architectural feature such as a clock tower, shall be subject to the site plan review permit process as described in subsection (1) above. Consideration as to when a wireless telecommunication facility may be concealed using an "alternative structure" will be based upon the extent to which it is designed to internally house antennas, antenna arrays, mounts, ancillary structures, and/or support equipment.

   H.   Collocation Required.

   1.   To limit the adverse visual effects of a proliferation of wireless telecommunication facilities in the city, the proposed construction of new wireless telecommunication facilities shall be designed to accommodate collocation of two (2) or more service providers. Any new wireless telecommunication facility may be required to collocate with another existing or new facility, unless it can be demonstrated to be technically or economically infeasible.

   2.   Collocation on existing large towers. Collocation of the wireless telecommunication facilities of more than three (3) telecom providers on existing towers greater than seventy (70) feet in height is permitted pursuant to the site plan review permit review process.

   I.   Substantial Change to the Physical Dimensions of Existing Structure or Facility.

   1.   Modifications to an existing structure or facility are permitted and do not require discretionary review where such modifications will not result in a "substantial change," as set forth in subsection (I)(2) below. Modifications resulting in a "substantial change" to an existing structure or facility shall be submitted for review under the site plan review permit process as described in this section.

   2.   A "substantial change" to an existing structure or facility shall constitute the following:

   a.   The modification increases the height of the existing structure or facility by more than ten (10) percent, or the height of one (1) additional antenna array with separation from the nearest existing antenna or antenna array not to exceed twenty (20) feet, whichever is greater.

   b.   The modification would add an antenna, antenna array, mount, ancillary structure or support equipment that would protrude from the edge of the existing structure or facility more than twenty (20) feet or more than the width of the tower structure at the level of the antenna, antenna array, mount, ancillary structure or support equipment, whichever is greater.

   c.   The modification involves installing more than the standard number of equipment cabinets for the technology involved, and would add greater than four (4) equipment cabinets.

   d.   The modification would defeat the existing concealment elements.

   e.   The modification would result in the excavation or deployment outside the current boundaries of the leased or owned property and into any access, utility easements or required setbacks.

   f.   The modification would not comply with other conditions imposed upon the existing structure or facility unless non-compliance is due to an increase in height, increase in width, addition of equipment cabinets, or new excavation or deployment that does not exceed the substantial change thresholds of this subsection.

   3.   All modifications remain subject to building codes and other non-discretionary structural and safety codes.

   J.   Other Requirements for all Wireless Telecommunication Facilities.

   1.   Any attached wireless telecommunication facility or wireless telecommunication facility on or adjacent to a historic building or site shall be designed to ensure consistency with the National Historic Preservation Act or 1966, and shall be referred to the city's historic preservation advisory committee for review and approval pursuant to Chapter 17.56.

   2.   There shall be a seven (7) foot high screen fence or solid wall or approved architecturally-designed solid fence installed surrounding the equipment cabinet. Slatted chain-link fencing will only be considered when the equipment cabinet is substantially masked from public view or the wireless telecommunication facility is located in an industrial zone or public park.

   3.   New wireless telecommunication facilities shall not be permitted within one hundred (100) yards of an existing structures and facilities unless the applicant can demonstrate with substantial evidence that there are no other location alternatives to providing service to the area.

   4.   Wireless telecommunication facilities shall not be permitted in locations where they will interfere with the operation of the Visalia Municipal Airport. Wireless telecommunication facilities proposed for location within the airport planning area shall be referred to the airport manager or the airport land use commission for a determination of consistency with airport area standards.

   5.   All wireless telecommunication facilities must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and any other agency of the state or federal government with the authority to regulate wireless telecommunication facilities. If such standards and regulations are changed, the owners of the wireless telecommunication facilities governed by this section shall bring such wireless telecommunication facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.

   6.   All appropriate building permits are required. Compliance with applicable federal, state, and local laws, codes, and regulations are required, and are continuing obligations on applicants and permit holders hereunder.

   7.   A wireless telecommunication facility shall be maintained in good condition. Maintenance shall include, but not be limited to maintaining the structural and aesthetic integrity of the wireless telecommunication facility, including painting and upkeep of structures used to conceal wireless telecommunication facilities, and irrigation and upkeep of buffer areas and landscaping. If maintenance of will result in a substantial change as described in Section 17.32.163.H, the requirements of that subsection shall apply.

   8.   Drawings and Photos Required. A plan or drawing depicting the size and configuration of the property where the wireless facility is proposed, and the size and location of existing improvements or features (buildings, driveways, sidewalks) depicting what currently exists and what physical changes are proposed. Elevation drawings shall depict all mast dimensions, placement and design features, and provide dimension to the apex of the pole from the finish grade. Accurate and reliable photos of the project site prior to the project installation or modification, and accurate and reliable photo simulations of all elements of proposed wireless telecommunication facility installation shall be provided.

   K.   Abandonment or Discontinuation of Use.

   1.   At such time that a wireless telecommunication facility owner or wireless provider plans to abandon or discontinue operation of that facility, said owner shall notify the planning and community preservation department director by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations.

   2.   In the event all legally approved use of any wireless telecommunication facility has been discontinued for a period of six (6) months (one hundred eighty (180) days) and the owner or wireless provider has not notified the planning and community preservation department director, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the planning and community preservation department director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of usage, including evidence that use of the wireless telecommunication facility is imminent.

   3.   At such time as the planning and community preservation department director determines that a wireless telecommunication facility is abandoned, the planning and community preservation department director shall provide written notice of an abandonment determination by certified mail addressed to all applicants at the addresses on file with the city and to the owner of the property at the address on file with the city, the property address, if applicable, and at the address to which tax notices are sent. Failure or refusal by the facility owner or any other co-applicant to respond to such notice within sixty (60) days of the receipt of the certified letter, shall constitute prima facie evidence that the wireless telecommunication facility has been abandoned.

   4.   If the owner of a wireless telecommunication facility fails to respond or fails to demonstrate that the facility is not abandoned, the wireless telecommunication facility shall be considered abandoned and the owner of the facility shall apply for a new permits consistent with the requirements of this section or dismantle and physically remove the entire wireless telecommunication facility. "Physically remove" shall include restoration of the location of the wireless telecommunication facility to its natural condition, where applicable, except that any landscaping and grading shall remain in post-development condition.

   5.   Upon a determination of abandonment by the planning and community preservation department director pursuant to this section, and the failure of the wireless telecommunication facility owner or other co-applicant to remove the facility in accordance with this section, the wireless telecommunication facility shall be deemed unfit for use and in violation of the permit requirements so as to be deemed a danger to public health and a public and private nuisance. Failure of the wireless telecommunication facility owner or other co-applicant to dismantle and physically remove the facility and related structures in accordance with the terms of this section shall result in the city taking all actions consistent with Chapter 8.40 and Chapter 1.13.

(Ord. 2024-07 § 2 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 2015-01 § 5, 2015)

   A.   Allowed Use. Residential units converted within or expanded onto existing buildings that contain an allowed non-residential use are permitted by right for properties in the D-MU zone, for properties in the C-MU zone within the Micro-brewery/Micro-winery Overlay District only (i.e., area north of Mineral King Avenue, east of Tipton Street, south of Murray/Goshen Avenues, and west of Ben Maddox Way), and in the O-C zone. Uses permitted by right are subject to the development standards in subsection (C) of this Section.

   B.   Site Plan Review. All new or expansion of residential units are required to obtain a site plan review permit in accordance with Chapter 17.28.

   C.   Development Standards for Residential Uses Locating in an Existing Building as a Use Permitted by Right. These standards may be used as guidelines for uses that are conditionally allowed in other zones.

   1.   Mixed Use Requirement. A residential use may be allowed as a use permitted by right inside a building with a commercial and/or office use so long as the building contains a separate space dedicated for a commercial and/or office land use.

   2.   Orientation. No residential use shall be both located at ground floor area and facing toward a public street. A residential use may be oriented toward an alley or non-street frontage.

   3.   Access. A residential use shall include at least one (1) building access that is located to the side or rear of the building. A door and passageway leading to residential uses, containing no living space, may also be located on the ground floor facing toward a public street.

   4.   Parking. Residential units are required to provide 1.5 off-street parking spaces per dwelling unit. Residential units that are restricted for senior citizens are required to provide one (1) off-street parking space per dwelling unit. If the subject site contains on-site parking, a minimum of one (1) on-site parking space per unit shall be designated and signed within the on-site parking field for residential occupants only. Notwithstanding any available on-site parking spaces, the minimum off-street parking standards may be satisfied by paying an in-lieu fee as specified in Chapter 17.30, Article 2.

   5.   Maximum Floor Area Ratio. The maximum floor area ratio (referring to non-residential and residential floor area combined) shall not exceed 5.0 for properties in the Downtown Mixed Use zone district and 2.0 for properties in the Commercial Mixed Use zone district.

   6.   Maximum Number of Dwelling Units. The maximum number of dwelling units permitted by right in a building shall not exceed one unit per 600 square feet of site area, and in no case shall exceed 12 units.

   7.   Minimum Floor Area. The floor area of an individual dwelling unit shall be no less than 400 square feet.

   8.   Noise. Spaces intended for residential use shall be improved to meet a composite Sound Transmission Class (STC) rating of at least 50 or a composite Outdoor-Indoor Sound Transmission Class (OITC) rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30.

   9.   Limitations on Use. The following uses and activities shall not be operating in the same building at the time that a building permit is issued to establish residential units as part of a mixed use. Such uses however may later be established within the same building after residential units are established in the building.

   a.   Major vehicle/equipment repair (e.g., body or mechanical work, complete overhaul or substantial replacement of parts, vehicle detailing and painting, upholstery, or any similar use, not involving routine maintenance);

   b.   Night clubs or any other use that includes live entertainment;

   c.   Any other activity or use, as determined by the review authority, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of mixed-use development residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

   10.   Residential Noise Notice. Residents of new mixed-use projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area.

   11.   Facilities. Each dwelling unit shall include a kitchen with cooking facilities and spaces for bathroom and sleeping incorporated within the dwelling unit.

(Ord. 2021-09, 2021)

   A.   Smoke shops/tobacco stores businesses shall be conditionally permitted in the C-MU (Mixed Use Commercial Zone) and D-MU (Mixed Use Downtown Zone) as they are identified on the Zoning map. In addition, no smoke shop/tobacco store shall be located:

      1.   Within seven hundred fifty (750) feet of any other smoke shop/tobacco store located either inside or outside the city limits.

      2.   Within seven hundred fifty (750) feet of any existing or planned public, private, or parochial schools, elementary schools, middle schools, high schools, licensed day care facilities, preschools, libraries, parks, or other recreational facilities where minors congregate, located either inside or outside of the city limits.

   B.   As used in this section, "Existing" means existing at the time the permit 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.

   C.   In addition to the location requirements stated above all smoke shops/tobacco stores shall meet the following performance standards:

      1.   Hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization in accordance with State law, and a copy of this license shall be prominently displayed in a publicly visible location at the establishment.

      2.   Meet all requirements stated in Visalia Municipal Code Chapter 8.46 for the sale of tobacco paraphernalia and tobacco products.

      3.   No smoking, as defined in Visalia Municipal Code Chapter 8.48, shall be permitted within the smoke shop/tobacco store.

(Ord. 2022-04 (part), 2022)

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

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

   1.   Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this section:

   "Local contact person" shall mean a person designated by an owner or the owner's agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection A.4. of this section. A local contact person may be the owner or the owner's agent.

   "Occupant" shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight.

   “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.

   "Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling.

   "Short-term rental" shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, bed and breakfasts, and timeshare projects shall not be considered to be a short-term rental.

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

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

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

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

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

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

 

 

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

   9.   In any advertising concerning the availability of a dwelling as a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.

   10.   No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.

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

   12.   If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of this code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner or the local contact person to affirmatively respond to the officer's request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.

   13.   Notwithstanding Visalia Municipal Code Section 9.32.040, no musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the

outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.

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

   15.   It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Title 8 Health and Safety.

   16.   The owner and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

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

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

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

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

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

   D.   In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed in writing with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter 17.28. The planning commission shall review and either uphold or deny the city planner decision. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145. (Ord. 2023-11, 2023)

   A.   Purpose and Intent. It is the purpose of this section to allow, in certain cases and subject to specific zoning restrictions and development and operational standards, the operation of delivery only medical marijuana retail facilities and to regulate such operations for the protection of the general health, safety and welfare of the citizens of the city.

   B.   Zoning Restrictions:

   1.   Use is permitted in the Light Industrial (I-L) Zone and Industrial (I) Zone.

   2.   Marijuana cultivation is not permitted.

   3.   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. As used in this section, "existing" means existing at the time the permit 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.

   C.   Parking requirements. One parking space for each employee during the shift of maximum employment, plus one parking space for each vehicle used in conjunction with the use is required.

   D.   Fencing and/or security gates. A fence that is a minimum height of seven feet, subject to the standards for fencing in industrial zones defined in Section 17.36.070, along with gates to secure the business and prevent public access shall be required.

   E.   Signage. All signage is subject to the requirements as defined in Chapter 17.48.

   F.   Other Delivery only medical marijuana retail standards. Delivery only medical marijuana retail establishments must also meet all requirements of Chapter 5.66 - Regulations and Requirements for Cannabis Businesses Permitted to Operate Under California State Law. (Ord. 2023-13 § 5, 2023)

   The California Legislature has determined that the provision of housing for lower and very low income individuals and senior citizens is of primary importance in the state and must be encouraged at the local level. It is the purpose of this chapter to specify how compliance with Government Code Section 65915 et seq. ("state density bonus law") will be implemented, as required by Government Code Section 65915, subdivision (a). In enacting this chapter, the City of Visalia's intent is to facilitate the development of affordable housing, to implement the goals, policies, and actions of the housing element of the city's general plan and provide a framework as it relates to implementing affordable housing density bonuses and offering concessions/incentives for eligible housing developments.

(Ord. 2021-08, 2021)

   The definitions found in state density bonus law shall apply to the terms contained in this chapter.

(Ord. 2021-08, 2021)

   A.   A housing development as defined in state density bonus law shall be eligible for a density bonus and other regulatory incentives that are provided by state density bonus law when the applicant seeks and agrees to provide very low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in state density bonus law. A housing development includes only the residential component of a mixed-use project. A commercial development, as that term is defined in Section 17.32.220, shall be eligible for a commercial development bonus as provided in Section 17.32.220.

   B.   The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

(Ord. 2021-08, 2021)

   A.   Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by state density bonus law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.

   B.   The density bonus report shall include the following minimum information:

   1.   Requested Density Bonus.

   a.   Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

   b.   A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

   c.   The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

   d.   Calculation of the maximum number of dwelling units permitted by the city's zoning regulations and general plan for the housing development, excluding any density bonus units.

   e.   A description of all dwelling units existing on the site in the five (5)-year period preceding the date of submittal of the application and identification of any units rented in the five (5)-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five (5)-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

   f.   Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five (5)-year period preceding the date of submittal of the application.

   g.   If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.

   2.   Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:

   a.   The city's usual development standard and the requested development standard or regulatory incentive.

   b.   Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

   c.   If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.

   3.   Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

   a.   The city's usual development standard and the requested development standard.

   b.   Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

   4.   Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

   5.   Child Care Facility. If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.

   6.   Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.

   7.   Commercial Development Bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 17.32.220, and reasonable documentation that each of the standards included in Subsection 17.32.220(C) has been met.

   8.   Fee. Payment of any fee in an amount set by resolution of the city council for staff time necessary to determine compliance of the density bonus plan with state density bonus law.

(Ord. 2021-08, 2021)

   All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.

   A.   If a housing development qualifies for a density bonus under more than one (1) income category, or additionally as a senior citizen housing development as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.

   B.   The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.

   C.   The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under state density bonus law.

(Ord. 2021-08, 2021)

   A.   Incentives include incentives and concessions as defined in state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

   B.   Nothing in this chapter requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

(Ord. 2021-08, 2021)

   All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by California Government Code Section 65950 et seq., with right of appeal to the city council.

   A.   Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s) for a Housing Development. To ensure that an application for a housing development conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state, or the city planner shall make a determination if it is within their authority to approve the development, whether the application conforms to the following requirements of state law as applicable:

   1.   The housing development provides the affordable units or senior housing required by state density bonus law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low and low income households as required by California Government Code Section 65915, subdivision (c)(3).

   2.   Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2).

   3.   The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

   4.   The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p).

   5.   If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met.

   6.   If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.

   7.   If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5 have been met.

   B.   If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding, or the city planner shall make a finding if it is within their authority to approve the development, that the development complies with all of the requirements of Subsection 17.32.220(C), that the city has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer.

   C.   The decision-making body, or the city planner if it is within their authority to approve the development, shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

   1.   The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053;

   2.   The proposed incentive would be contrary to state or federal law; or

   3.   The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

   D.   The decision-making body, or the city planner if it is within their authority to approve the development, shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

   1.   The proposed waiver would be contrary to state or federal law; or

   2.   The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

   3.   The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

   E.   If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to Section 17.32.205.

(Ord. 2021-08, 2021)

   A.   Affordable Housing Agreement. Except where a density bonus, incentive, waiver, parking reduction, or commercial development bonus is provided for a market rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this chapter are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market rate units.

   B.   Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a market rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.

   C.   The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

   D.   The affordable housing agreement shall include, but not be limited to, the following:

   1.   The number of density bonus dwelling units granted;

   2.   The number and type of affordable dwelling units

   3.   The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;

   4.   The proposed location of the affordable dwelling units;

   5.   Schedule for production of affordable dwelling units;

   6.   Incentives or concessions or waivers provided by the city;

   7.   Where applicable, tenure and conditions governing the initial sale of the affordable units;

   8.   Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units

   9.   Marketing plan; publication and notification of availability of affordable units;

   10.   Compliance with federal and state laws;

   11.   Prohibition against discrimination;

   12.   Indemnification;

   13.   City's right to inspect units and documents;

   14.   Remedies;

   15.   Attorney(s) fees provision.

(Ord. 2021-08, 2021)

   A.   The city may not issue building permits for more than fifty percent (50%) of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent (50%) of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

   B.   Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

   C.   The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units.

(Ord. 2021-08, 2021)

   A.   The following definitions shall apply to commercial density bonus:

   1.   "Commercial development" means a development project for nonresidential uses.

   2.   "Commercial development bonus" means a modification of development standards mutually agreed upon by the city and a commercial developer and provided to a commercial development eligible for such a bonus under Subsection 17.32.220(C). Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

   3.   "Partnered housing agreement" means an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent consistent with Subsection 17.32.220(C). A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

   B.   When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the city, the city shall grant a commercial development bonus mutually agreed upon by the developer and the city. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.

   C.   The requirements for commercial development bonus are as follows, which also be described in the partnered housing agreement:

   1.   The housing development shall be located either: (A) on the site of the commercial development; or (B) on a site within the city that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.

   2.   At least thirty percent (30%) of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen percent (15%) of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households.

   3.   The commercial developer must agree either to directly build the affordable units; donate a site consistent with Subsection 17.32.220(C)(1) above for the affordable units; or make a cash payment to the housing developer for the affordable units.

   D.   Any approved partnered housing agreement shall be described in the city's housing element annual report as required by California Government Code Section 65915.7, subdivision (k).

(Ord. 2021-08, 2021)

   If any portion of this chapter conflicts with state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law.

(Ord. 2021-08, 2021)

   Pigeons that have been selectively bred for specific racing, homing, or sporting purposes, for the company and pleasure provided to the occupants, shall be considered to be household pets subject to the limitations of this article. (Ord. 2017-01: prior code § 7494.1)

   The provisions of this article shall apply only to parcels ten thousand (10,000) square feet in area or larger that are located within the R-1-5, R-1-12.5, and R-1-20 zones, or as determined by City Planner subject to criteria set forth in Section 17.02.170. (Ord. 2017-01 (part), 2017: prior code § 7494.2)

   A.   Leg Banding. All racing, homing or sporting pigeons shall be banded with a leg band. The leg band is defined as a seamless band, made of a durable material, which designates the national organization with which the bird is registered, and indicates the year of birth of the bird. Birds that are not banded shall not be considered to be racing, homing or sporting pigeons.

   B.   Number Limit. The number of racing, homing or sporting pigeons shall not cumulatively exceed one hundred (100) per parcel.

   C.   Loft Setbacks. The structure ("loft") housing the racing, homing or sporting pigeons shall comply with setback, height, and lot coverage limitations in the underlying zone. The loft shall be setback a minimum distance of ten feet from residential structures on the site, to provide adequate distance for clean and sanitary loft maintenance, and a minimum distance of twenty- five (25) feet from the buildable area of any adjacent parcel. The buildable area shall be defined as that portion of the parcel that excludes the front, rear, and side yard setback areas.

   D.   Loft Maintenance. Any loft used for housing the racing, homing or sporting pigeons shall be kept in a clean and sanitary condition at all times.

   E.   Release and Feeding of Pigeons. All racing, homing or sporting pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition. At no time shall pigeons be allowed to perch or linger on the buildings or property of others. Objects shall not be thrown at the birds during their training or exercise. All birds shall be fed within the confines of the loft.

   F.   Racing Pigeon Association Membership. Owners of racing, homing, or sporting pigeons kept as household pets are required to be members of a nationally recognized racing, homing, or sporting pigeon association. (Ord. 2017-01 (part), 2017: prior code § 7494.3)

   The limitations set forth in Section 17.32.270 shall be deemed minimum limitations required for the keeping of pigeons as provided for herein. The city may, as a condition to issuance of the permit required in Section 17.32.290, set forth additional requirements in said permit as may be necessary to maintain the health, safety and general welfare of its citizens. (Ord. 2017-01 (part), 2017: prior code § 7494.4)

   A.   The keeping of racing, homing or sporting pigeons, in accordance with the limitations specified in Section 17.32.270, may be permitted upon issuance of a permit by the planning and building division. A permit for keeping pigeons may be processed as an administrative matter by the planning and building division and no public hearing shall be required. The permit application shall be made on a form prescribed by the planning and building division, and shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.

   B.   The applicant shall provide documentation of membership in a nationally recognized racing, homing or sporting pigeon association with the permit application. The permit may be granted for a maximum period of three years. The permit may be renewed upon reapplication and a site inspection to verify compliance with the requirements of this article.

   C.   The city shall have the right to enter the property for verification of permit compliance, consistent with the provisions and limitations of Section 17.46.030.

   D.   The permit shall be revoked by the planning and building division upon violation of any condition, regulation or limitation of the permit issued, unless such violation is corrected within ten days of notice of such violation. Any permit may be revoked for any violation. In the event of permit revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. The planning commission shall review the appeal consistent with the provisions of Section 17.38.110. The decision of the planning commission may be appealed to the city council consistent with the provisions of Section 17.38.120. (Ord. 2017-01 (part), 2017: prior code § 7494.5)

   In compliance with the California Health and Safety Code Sections 40910 et seq., the City adopts Rule 9510 of the San Joaquin Valley Unified Air Pollution Control District, as administered by, and as amended from time to time by said district, as the indirect source review regulation within the City.

(Ord. 2018-18 § 1 (part), 2018)