Documented by Jackie Schuster
Here’s what you need to know
- The Visalia City Council approved introduction of the first reading of an ordinance with an amendment that all residential zones be regulated in a 3-2 vote.
- The council unanimously approved a purchase contract up to $3.04 million with the National Auto Fleet Group to purchase 32 police patrol vehicles, also authorizing $233,200 from various city funds to be appropriated for the purchase.
- Visalia resident Barry Kaplan expressed concerns with items that are not routine being placed on the consent calendar, where they can be hidden.
Follow-up questions
- Why did Mayor Brian Poochigian and Vice Mayor Brett Taylor vote against all residential zoning areas being included in Ordinance 2023-11?
- Did Measure N Oversight Committee members really tell one member of the public that their job isn’t actually to provide oversight of Measure N funds use, but instead only to approve whatever the council puts in front of them?
Visalia City Council Members
Liz Wynn, District One
Vice Mayor Brett Taylor, District Two
Mayor Brian Poochigian, District Three
Emmanuel Hernandez Soto, District Four
Steve Nelsen, District Five
The Scene
The Visalia City Council meeting started at 7 p.m. All council members were present.
Actions/Discussions/Public comment
- Public comment
- Visalia Water Resources Manager Rhett Anderson wanted to remind all residents that the city will be moving into the winter watering schedule on Dec. 1. With the winter watering schedule, there are zero days a week when property owners are allowed to water ornamental turf. The winter watering schedule will end on March 1, when the watering schedule will move back to two days a week when property owners are allowed to water ornamental turf.
- Barry Kaplan requested items 14 and 15 be pulled from the consent calendar.
- Consent calendar
- With no other items pulled from the consent calendar, Nelsen made a motion to accept all items besides 14 and 15. The motion passed unanimously.
- Item 14, request from Sequoia Riverlands Trust to be certified as an entity for the purpose of holding agricultural conservation easements
- Paul Bernal, director of community development, said this certification became a requirement when the city adopted a new agricultural preservation ordinance. Bernal said that Sequoia Riverlands Trust has demonstrated the ability to be certified by the council for holding and managing agricultural easements in accordance with the ordinance.
- Poochigian clarified that Sequoia Riverlands Trust is the first group to come forward and qualify for certification, but other groups can request certification as well if they meet the requirements.
- Kaplan said he had a procedural concern. He said that it is not a routine item because this is the first request to get certified of possibly many and the process to get here was long. He requested that staff pay attention to what is actually a routine item in regard to the consent calendar items so that items aren’t hidden in the consent calendar.
- Nelsen moved to approve Sequoia Riverlands Trust as a qualified entity for the purpose of holding agricultural conservation easements. The motion passed unanimously.
- Item 15, authorize and award a purchase contract for an amount not exceeding $3.04 million with National Auto Fleet Group to purchase 32 police patrol vehicles and to appropriate additional funds of $233,200 from various funds
- Visalia police Lt. Kevin Kroeze said he was available for any council questions. No council members had questions for him.
- Kaplan said he was the only member of the public who attended the last Measure N Oversight Committee meeting. He said the committee misunderstands their purpose. Kaplan said he raised concerns at the meeting and that committee members told him that their job is not to provide oversight but to keep meetings as short as possible and to approve what the city staff and council puts in front of them. He said city staff told committee members that the purpose of the committee is to prevent Measure N funds from being commingled with money from other measures, but this item on the calendar would tangle requirements for Measure N and requirements for the general fund. He said it isn’t a problem that the police need these cars and are trying to push this issue through now because of price issues, but that the oversight committee isn’t actually overseeing the Measure N funds to make sure they don’t commingle. Kaplan said this issue was also raised at the meeting but no one brought that up at this council meeting.
- He said this is fiscal policy and an issue the council can address, even if the committee didn’t raise any issues. He said there also aren’t minutes from the oversight committee meetings available which is an issue, which is partially why he felt the need to bring this issue up himself. He suggested that the committee have a special meeting to examine this issue, and then the council have a special meeting after that.
- Nelsen said he cautions Kaplan against going on assumptions because he said, “Here on the council we go based on fact, we go based on detail.” Nelsen said he personally knows people on the committee so he takes exceptions to the comments given.
- Kaplan attempted to return to the microphone to be available for questions the council had based on his comments, and Poochigian said he would have Kaplan removed from the meeting if he did not sit down because he said, “This is not a thing where we have a back and forth.”
- Nelsen moved to award the purchase contract with National Auto Fleet for an amount not to exceed $3,04 million to purchase 32 2024 marked patrol vehicles and appropriate $233,200 from various other funds outlined in the report. The motion passed unanimously.
- City Manager Leslie Caviglia clarified that this is all just general fund money and that the Measure N aspect of this will come before the council later.
- Regular item 1, public hearing and first reading of Ordinance 2023-11 for Zoning Text Amendment 2023-01, a request by the city to amend Title 17, Chapter 17.32 Special Provisions to regulate short-term rentals in single-family residential zones citywide
- Josh Dan, a senior planner with the planning division, said that the first short-term rental (STR) work session was held on May 1 based on complaints council members had received from residents. Dan said staff drafted an ordinance addressing what could be incorporated into an STR regulation based on what was discussed at the work session.
- A formal draft Zoning Text Amendment for STRs was presented to the planning commission on Sept. 25 where they provided feedback and then recommended this item be brought to the council.
- Dan said one of the main requests was to have a stand-alone STR ordinance that would establish all processing and operating provisions in one section. It would also provide the mechanism for ministerial approval and detailed operational standards for applicants.
- Under Sections 2 and 3 of the ordinance, the property owner would have to sign an agency authorization form and establish that the owners will ensure compliance with the STR Ordinance and all other applicable codes.
- Section 4 establishes a contact person who would have to be available 24/7 at the request of the Visalia Police Department, code enforcement and city staff.
- Section 5 limits the possible use of STRs, establishing that an STR should be for lodging accommodations only and should not be used as a venue.
- Section 6 establishes that all ads for an STR must include their permit number, referencing staff’s review and approval of STR use.
- Section 7 establishes that occupancy of the STR is limited to three people per bedroom, children included. Originally, this section did not count children and limited occupancy to two adults per room, but after discussion with the commission, it has been changed to limit three people per room.
- Sections 8, 9 and 10 establish that only habitable interior portions of the dwelling can be rented out. Secondary dwelling accessories on the exterior of a dwelling, garages and campers cannot be rented. When advertising the rental of the STR unit, the owner must advertise the maximum number of occupants allowed to stay in the STR in compliance with the ordinance. Physical business signs cannot be used for advertising purposes on the outside of an STR.
- Section 11 requires that parking for all vehicles of occupants of an STR unit can only be o- site and that owners provide two spots in a garage or driveway.
- Section 12 is similar to Section 4, in that if an enforcement officer has received a complaint related to a violation of this code, the officer may notify the contact person and the contact person must cooperate in correcting the violation.
- Sections 13, 14, 15 and 16 are to ensure compliance with already established noise ordinances, limitations to outdoor activity in compliance with quiet hours, compliance with Title 8 Health and Safety, and to determine that the owner or contact person of the STR unit is responsible to mitigate any disturbances related to these codes.
- Section 17 is in compliance with Chapter 8.28 regarding collection and returning trash containers promptly, which requires trash containers to be removed from the curb by 7 p.m. on the day of trash pickup.
- Section 18 establishes that the owner has to post all STR rules in view of occupants.
- Sections 19 and 20 point the owner to comply with Title 3, Revenue and Finance. The owner also has to maintain a valid city business license. STRs can’t exceed one unit per parcel in any residentially zoned district, so owners cannot have multiple STRs running at the same time at one site.
- Poochigian asked if someone had multiple apartment complex units they wanted to rent out at once, would they not be able to rent those out as STRs? Dan said that they are trying to prevent multiple parcels of STRs running at one time, and this ordinance is for single-family zoned units
- C & D revocations and appeals establish that the city planner may revoke an approval unless a violation is corrected within 10 days.
- Nelsen said he believes in the sanctity of the neighborhood and STRs can disturb that sanctity. He said he appreciates that the city is trying to reduce the possibility of disturbances, but ultimately issues are complaint-driven. Nelsen said his son has an STR across from his home and it has created some disturbances. Nelsen also asked what would happen if on a block there were 20 houses and 10 wanted to be STRs, how would the city go about regulating that?
- Dan said that it would be a difficult thing to pull data for at this time. He said currently business text doesn’t have a singled-out STR license so they don’t have specific data to look at.
- Nelsen said what if all 10 came in with the proper paperwork, then the city would know there were 10 parcels on one block.
- Bernal said that there is no cap on STRs per area currently, that is not what the ordinance is setting up. If the council was looking to set up a cap, that would put restrictions on how the city operates going forward. Bernal said that would take drastic changes in how the city is currently approaching STRs. He said this ordinance is primarily to establish standards for STRs so that if there are problems, city staff can either bring it to compliance or shut operations down. Bernal said that if the city wishes to establish a cap, which was not what was asked for in May, staff could begin doing the legwork for that but this ordinance is just to get something on the books.
- Wynn said she thinks this is a great start but it falls short of what Visalia residents deserve because the housing market is so tight. She said she isn’t concerned about capping right now, but maybe an ordinance on spacing out STR units, like how smoke shops have to be 1,000 feet apart. Wynn said this ordinance shouldn’t apply to just single-family zoned parcels. She reiterated that she thinks this is a great start but she would want something much stronger to go on the books very soon after this one. She said there is an STR unit on her block, and they are normally quiet, but STRs can degrade a neighborhood.
- Bernal said if the council chooses to expand this to multi-family parcels then staff can follow those directions.
- Wynn asked if there’s a rough idea of how many STRs there are in Visalia. Dan said when this work session first started they put out an inquiry on Airbnbs and got a number around 300 but the Finance Department got numbers closer to 800.
- Soto said he thinks it is sad that in today’s housing market houses can become STR units instead of being rented out, so he thinks a cap on STRs may be necessary.
- Taylor clarified that there is a revocation process spelled out in the ordinance that would help mitigate noise and disturbances. He said the structure of the ordinance also establishes that outside visitors should not be at the STR.
- Bernal said that even if there were outside visitors on site of the STR to use a pool or other facilities they would have to follow rules established by the ordinance.
- Taylor also clarified that only one dwelling unit can be used as an STR, even if the site has multiple dwelling units.
- Bernal said that if there is a site that has multiple dwelling units and is currently using them all as STRs, they could be grandfathered in. However, they would not be able to be established going forward and could be affected if the council chooses to expand this ordinance to multi-family sites.
- Taylor also clarified that if there was a disturbance at the STR, the ordinance says people can call code enforcement to complain but if the disturbance is late at night, code enforcement is not working. So would they have to call the police if the complaint was about there being too many people on the site even if they were being quiet?
- Bernal said yes, they would just call the police like people have to do now if they are calling to complain late at night.
- Taylor asked if the owner is only renting one bedroom would they still have to have two parking spots available for the renter?
- Bernal said yes they would have to have two spots available regardless of space being rented because that is what the ordinance lays out.
- Taylor said that he has lived where behind him was a halfway house and it was miserable, so he knows what it is like to have bad neighbors and doesn’t want to add more bad neighbors in people’s neighborhoods, but this ordinance lays out ways to take out bad apples. He said the only thing he would like to add in the future would be something stating how many STRs there can be in an area.
- Poochigian said this is a black-and-white issue to him, and all of these things boil down to the neighborhood. He said he has had STR units nearby that he didn’t even realize were STRs and long-term rental neighbors that throw loud parties every weekend. He asked what would happen if there were calls to complain about a site multiple times.
- Tracy Robertshaw from the city’s neighborhood preservation unit said they have a six-call per-year limit. So if the police are called to a house more than six times, the owners are added to a public nuisance list and are billed for the cost of every police officer that is sent to their residence.
- Poochigian said he feels like this ordinance would help limit loud party houses, whether they were from long or short-term term renters.
- Bruce George, a Visalia resident, said that he has an STR unit next to his home and it has been like a “motel with a bar without a manager.” He said it has been very disturbing. When he first learned about STRs he thought it seemed like they were most beneficial for traveling nurses and contractors, so limiting STRs to two occupants seemed reasonable. He said that staff has done a great job with drafting the ordinance but the number of occupants allowed per STR does not comply with what was said at the last Planning Commission meeting. He said the commission recommendation was that it be two occupants per room, plus one. He said he and his wife did not want a less-restrictive ordinance than the Planning Commission suggested be adopted.
- Louisa Maya said she thinks a planned district where more STRs are concentrated could help with potential issues. She said the historic district could be a good spot because then maybe owners could apply for grants. She also suggested that the HOPE team could be more involved because that would be beneficial.
- Kaplan said that council members said STRs in their neighborhoods degraded their neighborhoods but did not say how they did so he was curious to hear more on that. He said he was in New York City this summer before their STR ordinance kicked in and he thinks their rules are different, so he wonders if those were considered. He said in New York City, Airbnb and other platforms have to be aware of the license number for each unit, and without it, they can’t advertise on the platform. He said maybe a thing like that could help staff get more accurate counts of how many STRs there are in one area. He said that he knows the council is big on local businesses and maybe an ordinance like this could push people away from the local STR businesses and toward corporate hotels. He suggested that the council ask staff to come back with some extra information on how other cities are handling STRs.
- Jose Briseno, a real estate agent in Visalia, said he owns an Airbnb. He said he feels that the proposed rules go against his rights as a homeowner. He said Section 4, requiring a contact person available 24/7, makes him wonder how the police would be able to monitor “nonsense” phone calls. He said there have been numerous calls made against his STR with no basis, but the calls are being made by his neighbors because they don’t like that he is renting his property. He also wants to know how the figure of three occupants per bedroom number was decided, because hotels will let two occupants stay in a bed, so in rooms with two beds and a rollout bed they could have up to six occupants in a room. He was wondering how different-sized houses could have the same requirements. He said the ordinance discriminates against large families, like his and his wife’s large Mexican families.
- Rosa Ballasa said she has an Airbnb next door to her house and it was peaceful in her neighborhood until the Airbnb got there. She said her property had been damaged by the Airbnb owners. She said she is dealing with her third lawsuit because she does not accommodate the property owner’s wishes. She said she is being harassed by the owner because of dog hair. She said people have shown up in vans and blocked her driveway, people will arrive late at night and wake her up, people get in the pool late at night, and one of the rooms has eight sets of bunk beds. She asked the council to tighten the rules to protect “nice upper-scale” neighborhoods like hers that are being hurt by STRs.
- Nelsen said he doubts people in the past imagined trends like Airbnb would start. He said he agrees with Wynn that this ordinance doesn’t go far enough. He thinks multiple STRs in one neighborhood detract from what a neighborhood is supposed to be. He said people who own the STR can be great, but people renting it might not be. He said complaints will put a burden on code enforcement and police. He also said this could be weaponized because neighbors could make complaints just because they don’t like their neighbors. He said he would like Wynn to move forward with her suggestion.
- Wynn said she would like the council to move forward with this ordinance but they then need to come back with an expiration date on licensing, and limitations on how many STRs are allowed in one radius.
- Bernal said that the smoke shop radius is 1,000 feet. There are some shops that were grandfathered in, but that was easier to track. He said that if the goal of the council is to add a section like that to the ordinance, staff can work on adding that section before the second reading of this ordinance. He also said that they could go through legal counsel and have a work session necessary to add other amendments to the ordinance.
- Soto asked if they could look into the requirement that Kaplan mentioned with making Airbnb be aware of STR license numbers because maybe that could help. Dan clarified that one item in the ordinance is that if the STR is approved then they have to post their permit number with their listing.
- Taylor asked if Dan could clarify the personal use of a property versus STR use.
- Dan said the approval of an STR unit would not exclude the use of the home as a single-family rental to the property owner or long-term renters.
- Taylor asked if there would be a way to verify the complaints that Briseno mentioned, where a neighbor may be making calls with no basis. Robertshaw said that when police are called they vet the call and make sure it’s a legitimate complaint.
- Taylor also confirmed that vehicles would not be allowed to park on the street at an STR site, only in the garage or driveway. He said that he likes what the ordinance has now, but he would not have a problem adding other amendments to this ordinance in the future if it is shown to be necessary.
- Poochigian asked how street parking would be enforced because street parking is public parking.
- Dan said that to be approved for STR usage, the property owner would have to demonstrate that they have enough parking on-site. Dan also said that since the property owner has to post the rules in the STR where renters can see them, that may help prevent renters from parking on the street.
- Poochigian asked what would happen if a short-term renter had their car parked on the street and the police were called. He asked how the problem would be dealt with if the car’s owner said it wasn’t their car.
- Kevin Kroeze said that the ordinance is there to help mitigate some issues, but there are situations where it can be difficult to verify and police won’t take action unless they are able to verify the issue.
- Poochigian said the street parking aspect and other aspects of this ordinance may be hard to enforce, but that is code enforcement’s job. He said that anyone who is a bad actor in a neighborhood, not just in STRs, brings down that neighborhood. He said he thinks this is a start, and he doesn’t want to limit STR business but get rid of the bad actors.
- Taylor moved to introduce the first reading of the ordinance and its amendment.
- Wynn asked that the ordinance be amended to include all residential zones including multi-family, Taylor said he would include that.
- Poochigian clarified that that would mean in an apartment complex there would only be one STR allowed. The motion failed 2-3, with Soto, Poochigian and Nelsen voting no.
- Nelsen moved to introduce the first reading of the ordinance as is with amendments that all residential zones are included and ask staff to come back with other suggestions in 60 days. The motion passed 3-2, with Poochigian and Taylor voting no.
With no closed session report, the meeting ended at 8:29 p.m. The next Visalia City Council meeting will be held on Nov. 6.
If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.
