REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: June 27, 2022
PROJECT PLANNER: Josh Dan, Associate Planner
Phone: (559) 713-4003
E-mail: [email protected]
SUBJECT: General Plan Amendment No. 2021-10: A request by Ming Lu Jin to change the land use designation of 5,196 square feet of a 15,261 square foot parcel from Low Density Residential (RLD) to Commercial Mixed Use (CMU).
Change of Zone No. 2021-12: A request by Ming Lu Jin to change the zoning designation of 5,196 square feet of a 15,261 square foot parcel from R -1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to C -MU (Mixed Use Commercial).
Variance No. 2021- 05: A request by Ming Lu Jin for encroachment of the southwest corner of the building into the 10- foot street side yard setback along Meadow Avenue.
Location: The project is located on the northeast corner of South Mooney Boulevard and West Meadow Avenue. Address: 914 South Mooney Boulevard. (APNs: 096-023-023 & 096-023-031).
STAFF RECOMMENDATION
General Plan Amendment No. 2021-10: Staff recommends that the Planning Commission recommend that the City Council approve General Plan Amendment No. 2021-10, based on the findings in Resolut ion No. 20 21-52. Staff’s recommen dation is based on the conclusion that the request is consi stent with the Visalia General Plan and Zoning Ordinance.
Change of Zone No. 20 21-12: Staff recommends that the Planning Commission recommend that the City Council approve Change of Zone No. 2021-12, based on the findings in Resolution No. 2022-11. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan and Zoning Ordinance.
Variance No. 2021-05: Staff recommends approval of Variance No. 2021-05, as conditioned, based on the findings and c onditions in Resolution No. 20 21-57. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan and Zoning Ordinance.
RECOMMENDED MOTION
I move to recommend app roval of General Plan Amendment No. 2021-10, based on the findings in Resolution No. 2021-52.
I move to recommend approval of Change of Zone No. 20 21-12, based on the findings in Resolution No. 2022-11.
I move to approve Variance No. 2021-05, based on the findings and condit ions in Resolution No. 2021-57.
CONTINUED PUBLIC HEARING FROM MAY 23, 2022
The Planning Commission conducted two public hearings on April 25, 2022, and May 23, 2022, for General Plan Amendment No. 202 1-10, Chang e of Zone No. 2021- 12, and Variance 2021-05 (Tiger Tea House). During the April 25th meeting, the applicant requested the Planning Commission continue the item so that a redesign could be explored of the site based on comments received during the public hearing. The Planning Commission granted the continuance to a date certain and continued the public hearing for this item to the May 23rd meeting. Staff prepared a revised staff report that identified the revisions to the site plan exhibit that incorporated a new layout to the s ite to address comments received from the neighborhood. However, on the evening of the May 23rd meeting, sta ff received an email from the applicant ’s representative requesting that th e Planning Commission continue the scheduled item to the June 27, 2022, Planning Commission meeting date. The applicant requested th e continuat ion to sub mit a further revised site plan exhibit to the Site Plan Review Co mmittee for review and comment . After taking public testimony , the Planning Commission unanimously voted to continue the item to the June 27, 2022, meeting date.
Revised Project Submittal
The applicant has since submitted the r evised site plan to the Site Plan Review Committee for the June 1, 2022, meeting and received staff comments . The revised site p lan exhibit has been added to th is report packe t as Exhibit “A” and t he associated resolutions have been revised to appropriately address the changes to the proposed site development.
In addition, t he project was re- noticed in the newspaper , by mail ( 300-foot mailing radius) and the revised site plan and public hearing not ice was emailed to persons in the Beverly Glenn neighborhood who have reached out to staff.
REVISED PROJECT DESCRIPTION
The applicant has submitted a revised site plan to remo del the existing structure at 914 South Mooney Boulevard, which was occupied by a bookstore and other various commercial businesses, to a permitted by-right tea house and future retail/restaurant commercial spaces. Only one tenant, “The Tiger Tea H ouse” has been currently identified.
The existing building, in previous subm ittals, was detailed to measure 7,412 square feet; however, the revised site plan now depicts a porti on of the existing building to be demolished. The easternly wing of the building will be removed , while add itional building area will be construc ted along the westerly Mooney Boulevard frontage. The request will reduce the bui lding square footage from 7,412 square feet to 5,85 0 square feet. T he new building and site configuration will p rovide the necessary parking field required for the proposed and future uses (see Exhibit “A”). Parking requirements are further analyzed in the parking section of this report.
The revised site plan (see Exhibit “A”) has an inset “operational statement” which describes that the tea house will occupy 2,192 square feet of the overall 5,850 square foot building.
The applicant has not identified end users for the remaining 3,658 square feet of building area.
The developed site, in its current configuration, cannot accommodate most uses allowed in the underlying C-MU zone as the existing paved on-site parking cannot support the parking requirements for most commercial uses based on the bu ilding square footage and number of parking stalls on-site. The applicant, through the Site Plan Review process, expressed interest in facilitating a cohesive re development of this site by incor porating the vacant undeveloped site located to the east of the buil ding to provide additional parking consistent
with City standards. The development plan, as proposed and shown in the revised site plan (Exhibit “A”) and in the image below, would provide for the following:
1. A remodel of the building (expanding the footpr int westward toward Mooney Blvd.) and decreasing the building square foot age from 7,412 to 5,850 square feet.
2. Encroachment of the expanded building measuring 198 square feet approximately 5-feet into the 10- foot side yard setback along M eadow Avenue (Variance required).
3. Vacation of the existing a lleyway (as required per Condition No. 6 of Variance No. 2021-05).
4. Improvements to 5,196 square feet of a 15,261 square foot vacan t R-1-5 zoned parcel located to the east of the commer cial site to facilitate a parking lo t for the proposed uses. The parking lot improvements on the vacant R-1-5 zoned parcel requires a general plan amendment and change of zone red esignating 5,196 square feet of the overall 15,261 square f oot parcel from the R-1-5 zone designation to a C-MU (Commercial Mixed Use) zone designation.
5. Landscaping improvements along both frontages and within the interior.
The existing commercial building on the westerly parcel has been vacant and currently has parking along its Mooney Boulevard frontage, and at the rear of the building, which is accessed through an alleyway from Meadow Avenue. The alleyway bisects the two parcels, and the applicant is currently undergoing a separate process to have the alleyway vacated.
The vacation of the alleyway is being processed w ith the C ommunity Development Engineering Division. Vacation of the alleyway is expect ed to revert equal amounts of site area to each adjoining parcel. Should the General Plan Amendment and C hange of Zone be approved by the City Coun cil, a Lot Line Adjustment is required and shall be perfected
to facilitate the additional 5,196 square feet of C-MU land area to the westerly parcel. The Lot Line Adj ustment is required per Condition No. 7 f or Variance N o. 2021-05. Once unified, the site will provide a total of 39 parking spaces, 15 of which will be needed for the Tiger T ea House business which is expected to occupy 2,192 square feet of the overall 5,850 square foot remodeled building’s floor area. The identified use is consistent with a café and is ident ified in the zoning use m atrix as permitted “by-right”. Any future proposed uses to the sit e will require further review by the Site Plan Review Committe e for compliance with the municipal code’s zone use matrix for compatibility and parking.
BACKGROUND INFORMATION
General Plan Land Use
Existing Designation:
Commercial Mixed Use, Low Density Residential
Proposed Designation: Commercial Mixed Use
Zoning
Existing Designation:
C-MU (Mixed Use C ommercial), R-1-5 (Single-Family
Residential, 5,000 sq. ft. minimum lot size)
Proposed Designation: C-MU (Mixed Use Commercial)
Surrounding Land Use and Zoning:
North:
C-MU, R-1-5 (Mixed Use Commercial, Single-
Family Residential) . / Black Bear Diner ,
single-family residence.
South: C-MU, Q -P (Mixe d U se Commercial, Qu asi-
Public) / W. Meadow Ave. , former Payless
Shoes, V isalia Char ter Independent Study
educational facility.
East: R-1-5 (Si ngle F amily Residential) / Single-
family residence
West: Q-P (Quasi-Public) / College of the Sequoias.
Environmental Review: Categorical Exemption No. 2021-50 Special Districts: N/A
Site Plan Review No: SPR No. 2021-136 & 2022-091
RELATED PROJECTS
There are no related projects.
PROJECT EVALUATION
Staff recommends approval of the General Plan Amendment, Change of Zone, and Variance, as conditioned. Staff concludes that the project’s revitalization of both an exi sting d eveloped commercial site and a vacant lot is consistent with the Land Use Element of the General Plan and the Zoning Ordinance. Specifically, the entitl ements will allow f or an alternative land use plan on the undeveloped parcel that allow s for a lo w-intensity transitional use between existing commercial and residential buildings, based on the revised site plan submitted to the City.
General Plan Consistency
Figure 2
Figure 1
Staff concludes that the proposed project is consistent with the City’s General Plan as it relates to providing neighborhood specific commercial services. Land Use Element Objective LU-O-22 provides for creating inclus ive compact neighborhoods with o pportunities f or neighborhood commercial services. Land Use Element Obj ective LU -O-28 encourages t he promotion of pedestrian-oriented retail along transit corrid ors, such as Mooney Boulevard. In this cas e, the application of the Commercial Mixed Use designation for 5,196 square feet of the overall 15,261 square foot R -1-5 zoned parcel facilitates the remodel and revitalization of th e entire site. The added amenities will benefit the surrounding neighborhood in compliance with the above objectives by retaining the pedes trian-oriented street-fronting configuration of the building in a location that is bou nd by commercial uses on three sides, including a primary school and junior college. In addition, the owner of the site will retain a 10,065 square foot R -1-5 zoned parcel which provides a bu ffer f rom t heir commercial business/site to the e xisting si ngle-family residential homes to the north and east.
Furthermore, Land Use Element Policy LU-P-72 indicates that noise, traffic , and other potential conflicts that may arise in a mix of com mercial and residential uses c an be mitigated through good site planning and inclusion of app ropriate operational measures. Staff concludes, based on the revised site plan accepted by the Site Plan Review Committee and the conditions of project approval , that the proposal meets the intent of this policy. Conditions included for the Planning Commission’ s consideration, together with City standards contained in the Zoning Ordinance for the Commercial Mixed U se zone and for c ommercial development in general , ensure that the project mitigates potential impacts between the retail building expansion and the existing residential neighborhood. This is discussed in greater detail in the sections below.
Land Use Compatibility
Per Figure s 1 and 2 below, t he project area i s composed of two parcels . The westerly site contains the existing vacant building, formerly occupied with a bookstore and other commercial businesses. The parcel to the east is vacant and contains decomposed grav el and has been used for over 25 years, evi denced by past aerial photos, as a n unpermitted parking lot. The Beverly Glen Subdivision is located north and east of the vacant lot, while Black Bear Diner and its associated parking lot are located north of the existing commercial building. The project area is further surrounded by commercial uses to the west and south.
To reduce impacts to the surrounding r esidential uses, t he project will include placement of a typical seven-foot-tall block wall along the portions of the p roject site abutting residential zones and uses, in accordance with City standards. To address lighting from the proposed parking lot, staff has included City lighting standards in the S ite Plan Review comments and has added various conditions addressing lighting on the site, further explained in the lighting section of the report below.
The request to change the land use and zoning designation on a portion of the easternly parcel in the images above to Mixed Use Commercial will be compatible with the site and surrounding area. The two parcels on the northeast corner of Mooney Boulevard and Meadow Avenue have been under ownership of the Visalia Unified School District with a history of commercial / office uses on the site and the easternly undeveloped lot has s erved as a de facto parking lot, as shown in Figure 2, (2016 aerial imagery). Staff concludes the proposed project, as conditioned, is compatible with the surrounding residential land uses.
Access / Circulation / Infrastructure
Currently, the existing buil ding contains seven nonconforming parking stalls along the Mooney Boulevard frontage and approximately 18 paved stalls behind the b uilding a ccessed from an improved alley from Meadow Avenue. In response to comments received by Caltrans and staff during the Site Plan Review process, the applicant was informed that redevelopment of the site requires removal of the nonconforming and unsafe parking stalls along the Moo ney Boulevard frontage. The removal of t hese nonconforming parking spaces, which permi ts vehicles to bac k at onto Mooney Boulevard (State Route 63) provides the basis for staff’s support of the General Plan Amendment and associated Change of Zone for the proposed parking lot on the vacant parcel. To facilitate a unified development between the buil ding and proposed parking lot, the applicant is required to summary vacate the alleyway and reconfigure the two existing approaches along Meadow Avenue for access onto the site (shown in Exhibit “A”).
Furthermore, the developer will add additional landscaping across the M eadow frontage, landscaping improvements alon g the north side of t he building, and provide a seven-foot block wall to better separate the parking area from the neighboring residential uses to the north and east. Removal of the drive approach and parking stalls along the Mooney Boulevard frontage will reduce conflicting traffic patterns of vehicles backing onto a heavily traveled state route.
The applicant is currently working wit h the Community Development Engineering Divis ion to vacate the alleyway located bet ween both parcels. A lot line adj ustment of the tw o parcels, following the alleyway vacation, is required per Variance Condition of Approval No. 7 should the General Plan Amendment and Change of Zone be approved by the City Council.
Parking
The Site Plan (see Exhibit “A”) depicts a total of 39 parking spaces. The only identified use by the applicant is a tea house with a floor area of 2, 192 square feet. Zoning Ordinanc e Section
17.34.020(E)(10) prescribes park ing for restaurants, cafes, soda fountains and s imilar establishments as one parking space for each one hundred fift y (150) square feet of building area. As such, the identified use requires a total of fifteen (15) parking spaces. The remainder of the 24 parking stalls on-site are considered sufficient for the remaining 3,658 square feet of the building area, should it be a ssessed at the general retail store rate of one parking space for each three hundred (300) square feet of build ing area. Future uses to the site shall re quire review by the Site Plan Review Committee for consistency with City standards, including zoning and parking requi rements. All parking stalls will be required t o comply with City standards for design, as stated per Condition of Approval Nos. 1 and 2.
Lighting
The exhibits provided by the applicant do not illustrate or detail any on site lighting. Variance Condition of Approval No. 3 requires that no illuminated wall signage directed toward residential uses be permitted. In addition, Variance Conditions of Approval Nos. 4 and 5 require that any onsite lighting shall not produce or exceed 0.5 lumens along p roperty lines , and that the applicant add lighting in the construction plans should they request use of lighting the parking lot area. Furthermore, Condition No. 5 includes language that if parking lot lights are added to the site, prior to occupancy of any tenant space in the commercial building, the applicant/developer
shall conduct, with City staff verif ication, that the on -site lighting installed for t his development complies with and shall not exceed 0.5 lumens at the property lines.
Variance Findings
The Planning C ommission is required to make five findings before a v ariance can be granted.
The applicant has provided response to the variance findings and staff has included the analysis for each finding below. The applicant’s responses to the variance findings are also included in Exhibit “D”.
1. That strict or literal interpretation and e nforcement of the specified regulation would resu lt in practical difficulty or unnecessary hardship inconsistent with the objectives of the zoning ordinance;
Applicant’s Findings:
• The existing building was built in the late 1950’s or early 1960’ s and encr oaches into the 1 0-foot building setback along Meadow Lane up to the property line. When this building was built there w ere no setbacks required and to adhere to the curr ent setbacks w ould be an unnecessary hardship inconsistent with the objectives of the zoning ordinance.
Staff Analysis:
The portion of the building remodel that is expected to encr oach into the streetside side yard setback along W est Meadow Avenue will not encroach any further than the existing building envelope along the southern frontage. This will result in 198 square f eet encroaching into this setback area. Additionally, the City Traffic Engineer has determined that the addition will not affect the sight visibility triangle on the northeast corner of Mooney Boulevard and Meadow Avenue.
2. That there ar e exceptional or extraordinary circumstances or conditions applicabl e to the property involv ed or to the intend ed us e of the property which do not apply generally t o other properties classified in the same zone;
Applicant’s Findings:
• As the existing building was built in the late 1950’s or early 1960’s and encroaches into the setback along Meadow Lane up to the p roperty line, is an exceptional condition that other parcels in this zone generally do not have. We are p roposing to c ontinue the existing building line on the Southwest corner of the project which is ±5’ into the setback to the building corner. When this building was built there were no setbacks required.
Staff Analysis:
Staff c oncurs with the applicant that the e xisting building likely complied with t he requirements of the time when it was constructed, and minimal encroachment is consistent with many other parcels along M ooney Boulevard that do not m eet building / landscape setbacks. Additionally, removal of parking along the Mooney Boulevard frontage will provide 15- 20-foot open area from the Mooney Boulevard frontage to be landscaped.
3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties cl assified in the same zone;
Applicant’s Findings:
• Due to the existing bui lding’s loca tion wit hin the current building setback , the strict interpretation and enforcement of the building setback would depr ive the applicant of
privileges enjoyed by other property owners. The existing building is ±38’ back from the property line along Mooney Boulevard over 23’ further back than others allowed in this zone. Other sites have superior visibility and the small encroachment into the side yard setback helps offset this locations front yard disadvantage.
Staff Analysis:
Staff concurs with the applicant. The current building on site currently encroaches into the 10-foot street side yard setback. The requested encroachment is minimal in relation, and the proposed remodel to the building will not extend beyond the exiting building envelope along the West Meadow Avenue frontage.
4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone; Applicant’s Findings:
• Our existing building line, which we pro pose to match, extends 5’ int o the current setback. This is the sam e distance as the building on the South side of Meadow Lane.
The granting of the variance wi ll not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone.
Staff Analysis:
Staff concurs with the applicant. There are a large number of properties located along the Mooney Boulevard corridor which cont ain reduced or no nexistent landscape setbacks along their front yard and side yard setbacks and along their street f rontages. The project proposal will still result in la ndscape setbacks that are greater than other properties in the same zone along the Mooney Boulevard corridor.
5. That the granting of the variance w ill no t be detri mental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
Applicant’s Findings:
• As this is only a r eduction in the bui lding setback along Mead ow Lane and does not encroach into t he sit e visibility of the corner, there will be no detriment to the public health, saf ety, or welfare, or materially injurious to properties or improvements in t he vicinity.
Staff Analysis:
Staff concurs with the applicant. The variance will not be detrim ental to the public as the variance will still provide adequate setback of the building along the Mooney Boulevard and Meadow Avenue frontages not affecting the sight visibility triangle on the no rtheast corner. Even with the proposed variance, the proposed setb acks will be greater than what exists on many sites along the Mooney Boulevard corridor at present.
Environmental Review
The requested action is considered Categorically Exempt under Section 15332 (Infill Projects) of the Guidelines for the Implementation of the C alifornia Environmental Quality Act (CEQA) (Categorical Exemption No. 20 21-50). The exempti on is appropriate as the project will not produce significant effects to n oise, air, traffic, or water qual ity, is consistent with the applicable general plan and zoning designations, is located on two properties totaling 35,423 sq. ft. in size with no significant habitat of note and maintains sufficient access to required utili ties and public services.
RECOMMENDED FINDINGS
General Plan Amendment No. 2021-10
1. That the proposed General Plan Amendment is consistent wit h the goals, objectiv es, and policies of the General Plan, and is not detrimental to the publi c health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed General Plan Amendment from Low Density R esidential to Commerc ial Mixed Use is consistent with the original commercial use of the si te and would be appropriate for the proposed expansio n of t he existing commercial building. Land Use Element Objec tive LU -O-22 provides for creating inclusive compac t neig hborhoods with opportunities for neighborhood commercial services while Land Us e Element Objective LU- O-28 encourages th e promotion of ped estrian-oriented retail along transit corridors .
Furthermore, the Mooney Boulevard corridor is largely designated Mi xed Use Commercial and alr eady serves as a commercial hub for the surrounding area. Applic ation of C -MU zoning to the easternly site support s expansion o f onsite i mprovements upon a parcel historically used as a parking lot.
3. That Categorical Exemption No. 20 21-50 was prepared for the project consi stent with the California Environmental Quality Act, Section No. 15332, which is appropriate as t he project will not produce significant effects to n oise, air, traffic, or water quality, is consistent with the applicable general plan and zoning designations, is located on two properties totaling 35,423 sq. ft. in size with no signifi cant habitat of no te, and maint ains sufficient access to required utilities and public services.
Change of Zone No. 2021-12
1. That Change of Z one No. 20 21-12 is c onsistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the site, as conditioned, is consistent with the C-MU (Commercial Mixed Use) zoning designation’s development standards. The request to change the zoning designa tion of the easternly site to Mixed Use Commercial will be co mpatible with the historic use of the site and improve the surrounding area.
3. That Categorical Exe mption No. 20 21-50 was prepared for the project consistent with the California Environmental Quality Act, Section No. 15332, which is appropriate as the proje ct will not produce significant effects to noise, air, traffic, or water quality, is consistent with the applicable general plan and zoning designations, is located on two properties totaling 35,423 sq. ft. in size with no significant habitat of n ote, and maintains sufficient access t o required utilities and public services.
Variance No. 2021-05
1. That strict or literal interpretation and en forcement of the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the zoni ng ordinance.
The portion of the building remodel that is expected to encroach into the streetside side yard setback along West Meadow Avenue will not encroach any further than the existing building envelope along the southern frontage. This will result in 136 square feet encroaching into the setback area. Additionally, the City Traffic Engineer has determined that the addition will not
affect the sight visibility triangle on the northeast corner of Mooney B oulevard and Meadow Avenue.
2. That t here are exceptional or extraordinary circumstanc es or conditions applic able to the property involved or to the intended use of the property which do not apply generall y to other properties classified in the same zone.
Staff c oncurs with the applicant that the existing building likely complied with t he requirements of the time when it was constructed, and minimal encroachment is consistent with many other parcels along M ooney Boulevard that do not meet build ing / landscape setbacks. Additionally, removal of parking along the Mooney Boulevard frontage will provide at least a 23-foot open area from the Mooney Boulevard frontage to be landscaped and used by the tea house’s covered patio.
3. That strict or literal interpretation and enforcement of the specified regulation w ould deprive the applicant of privileges enjoyed by t he owners of other p roperties classified in th e same zone.
The current building on site currently encroaches into the 10- foot street side yard setba ck.
The requested encroachmen t is minimal in relation, and the proposed re model t o the building will not extend beyond the exiting building env elope along the W est Meadow Avenue frontage.
4. That the granting of the variance wi ll not constitute a gr ant of speci al privilege inconsistent with the limitations on other properties classified in the same zone.
There are a large n umber of properties located along the Mooney Boulevard corridor which contain reduced or no nexistent landscape setbacks al ong their front yard and side yard setbacks and along their street f rontages. The project proposal will still result in la ndscape setbacks that are g reater than other properties in the same zone along the Mooney Boulevard corridor.
5. That the grant ing of the var iance will not be detrimental to the publ ic health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
The variance will not be detrimental to the public as the variance will still provide adequate setback of the buildin g along the Mooney Boulevard and Meado w Avenue frontages not affecting the sight visibility triangle on the northeast corner. Even with the proposed variance, the pro posed setbacks w ill be greater than what exists on many sites along the Mooney Boulevard corridor at present.
6. That the project i s considered Categorically Exempt under Section 15332 of the Guidelines for Implementation of California Environmental Quality Act (CEQA). (Categorical Exemption No.2021-50).
RECOMMENDED CONDITIONS OF APPROVAL
General Plan Amendment No. 2021-10 and Change of Zone No. 2021-12 There are no recom mended conditions f or the General Plan Amendment or the Change of Zone.
Variance No. 2021-05
1. That the project be developed in substantial complia nce an d be consistent with the comments of Site Plan Review No. 2021-136 and 2022-091.
2. That the project be developed in substantial compliance with the revised Site Plan in Exhibit “A”.
3. That illuminated wall signage directed toward residential uses shall be prohibited.
4. That any onsite lighting shall incorporate lighting shields to deflect light away from abut ting residential sites so as to not cause glare.
5. Prior t o occupancy of the development, the applicant/ developer shall demons trate to the satisfaction of City staff that all on-site lighting installed shall not exceed the lumen intensity limit of 0.5 lumens a t the property lines . Prior to occupancy and/or operat ion of any tenant space within the commercial building, the applicant/developer shall conduct, with Community Development staff verification , that the on -site lighting installed for this development complies with and shall not exceed 0.5 lumens at the property lines.
6. That the applicant shall file the necessary applications and payment to initiate the request to vacate the al leyway. The vacation of the all eyway shall be recorded and perfected prior to building permit final.
7. That after completion of the alleyway summary vacation a Lot Li ne Adjustment shall be approved and recor ded to merge the two project sites int o one parcel prior to occupancy of the remodeled and expanded building.
8. That the applicant submit landscaping plans demonstrating compliance with the Model Water Efficient Landscape Ordinance (MWELO) standards through the building permit process.
9. That Variance No. 2021- 05 shall be null and void unless G eneral Plan Amendme nt No. 2021-10 and Change of Zone No. 2021-12 are both approved by the Visalia City Council.
10. That the applicant shall coordinate with Calt rans to acqui re any necessary encroachment permits for any work done along the State Right-of-Way.
11. That all other federal, state, regional , and county laws and city c odes and ordinances be complied with.
APPEAL INFORMATION
General Plan and Change of Zone
The Planning Commission’s dec isions on these mat ters are advisory only. T he final decisions will be by the Visalia City Council a fter one or more public hearings. Therefore, th e Planning Commission’s decisions in these matters are not appealable.
Variance
According to the City of Vi salia Zoning Ordinanc e Section 17.02.145, an appeal to the C ity Council may be s ubmitted within ten d ays foll owing the date of a decision by the Plan ning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 N. Santa Fe Street. The appeal shall specify errors or abuses of discretion by the Planning Commission, o r decisions not supported by the ev idence in th e rec ord. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.
Attachments:
• Related Plans and Policies
• Resolution No. 2021-52 – General Plan Amendment No. 2021-10 • Resolution No. 2022-11 – Change of Zone No. 2021-12
• Resolution No. 2021-57 – Variance No. 2021-05
• Exhibit “A” – Site Plan
• Exhibit “B” – Floor Plan
• Exhibit “C” – Elevations
• Exhibit “D” – Variance Findings
• Environmental Document No. 2021-50
• Site Plan Review Comments No. 2021-136 & 2022-091
• General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map
RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Pla n and Zoning Ordinance objectives and policies apply to the proposed project:
General Plan
LU-O-22 Provide for creating incl usive c ompact neighborhoods with opportunities for neighborhood commercial services.
LU-O-28 Promote pedestrian- oriented r etail and mixed use development along transit corridor s, in neighborhood nodes, and in Downtown and East Downtown.
LU-P-67 Update the Zoning Ordinance to reflect the Neighborhood Commercial designation on the Land Use Diag ram, i ntended for small -scale comm ercial development that primarily serves surrounding r esidential areas, wherein small o ffice uses as well as horizontal or vertical residential mixed use are also s upported. Provide standards to ensure that neighborhood commercial uses are econom ically-viable and also integrated into neighborhoods, wi th multimodal access and context-sensitive design.
Neighborhood Commercial development shall be subject to design revi ew and public input. If residential uses are included, densit y should be 10 to 15 dwelling u nits per gross acre.
Shopping centers in Neighborhood Commercial areas shall have the following characteristics:
• Anchored by a grocery store or similar business offering fresh produce, poultry, fish and meat;
• Include smaller in-line stores of less than 10,000 square feet; • Total size of 5 to 12 acres or as shown on the Land Use Diagram; and • Integrated with surrounding neighborhood uses in terms of design, with negative impacts minimized.
• Located no closer than one mile from other General Plan-designated Neighborhood Commercial or Community Commercial locations, or from existing grocery stores. • No individual tenant shall be larger than 40,000 square feet in size.
Standards for Neighborhood Commercial development also shall require design measures that create a walkable environment and require local street and pedestrian connections. Alterations and additions in existing nonconforming centers may be permitted, subject to design review and conditions of approval to minimize neighborhood impacts.
LU-P-72 Ensure that noise, traffic, and other potential conflicts that may arise in a mix of commercial and residential uses are mitigated through good site planning, buildi ng design, and/or appropriate operational measures.
___________________________________________________________________________________
COMMERCIAL ZONES
Chapter 17.18
17.18.010 Purpose and intent.
A. The several types of commercial zones included in this chapter are designed to achieve the following:
1. Provide appropriate areas for various types of retail stores, offices, service establishments and wholesale businesses to be concentrated for the convenience of the public; and to be located and grouped on sites that are in logical proximity to the respective geographical areas and respective categories of patrons that they serve in a manner consistent with the general plan;
2. Maintain and improve Visalia's retail base to serve the needs of local residents and encourage shoppers from outside the community;
3. Accommodate a variety of commercial activities to encourage new and existing business that will employ residents of the city and those of adjacent communities;
4. Maintain Visalia's role as the regional retailing center for Tulare and Kings Counties and ensure the continued viability of the existing commercial areas;
5. Maintain commercial land uses that are responsive to the needs of shoppers, maximizing accessibility and minimizing trip length;
6. Ensure compatibility with adjacent land uses.
B. The purposes of the individual commercial zones are as follows:
1. Neighborhood Commercial Zone (C-N). The purpose and intent of the neighborhood commercial zone district is to provide for small-scale commercial development that primarily serves surrounding residential areas, wherein small office uses as well as horizontal or vertical residential mixed use are also supported, and provide standards to ensure that neighborhood commercial uses are economically viable and also integrated into neighborhoods in terms of design, with negative impacts minimized, with multimodal access, and context-sensitive design. Neighborhood Commercial development shall be subject to design review and public input. There should be 10 to 15 dwelling units per gross acre where residential uses are included. Shopping centers shall be of a total size of 5 to 12 acres and located no closer than one mile from other General Plan designated Neighborhood Commercial locations, or from existing grocery stores, anchored by a grocery store or similar business no larger than 40,000 square feet in size, and include smaller in-line stores of less than 10,000 square feet. Alterations and additions in existing nonconforming centers may be permitted, subject to design review and conditions of approval to minimize neighborhood impacts.
2. Regional Commercial Zone (C-R). The purpose and intent of the regional commercial zone district is to provide areas for retail establishments that are designed to serve a regional service trade area. The uses permitted in this district are to be of a large-scale regional retail nature with supporting goods and services. Uses that are designed to provide service to residential areas and convenience, neighborhood and community level retail are not permitted, while office uses are to be limited.
1. Service Commercial Zone (C-S). The purpose and intent of the planned service commercial zone district is to provide areas that accommodate wholesale, heavy commercial uses, such as lumberyards and construction material retail uses, etc., and services such as automotive, plumbing, and sheet metal fabrication. It is intended that uses in this district be those that can be compatible with heavy truck traffic and noise. Uses that would restrict the operation of generally permitted heavy commercial businesses are not provided in this district. (Ord. 2017-01 (part), 2017: prior code § 7310
17.18.015 Applicability.
The requirements in this chapter shall apply to all property within the C-N, C-R, and C-S zone districts. (Ord. 2017-01 (part), 2017)
17.18.020 Permitted uses.
Permitted uses in the C-N, C-R, and C-S zones shall be determined by Table 17.25.030 in Section
17.25.030. (Ord. 2017-01 (part), 2017; Ord. 2016-06, 2016; Ord. 2015-04 § 2, 2015; Ord. 2015-01 § 2, 2015; Ord. 2014-07 § 3 (part), 2014; Ord. 2012-10, 2012; Ord. 2012-08, 2012; Ord. 2012-02, 2012; Ord. 2011-07 § 2, 2011; Ord. 2010-16, 2010; Ord. 2009-02, 2009; Ord. 2006-17, 2006; Res. 2004-75 (part), 2004; Ord. 2004-08 § 3, 2004; Res. 2004-14 (part), 2004; Res. 2003-95 (part), 2003; Res. 2002-83, 2002; Res. 2002-26, 2002; Res. 2001-40, 2001; Res. 2001-29, 2001; Ord. 2000-01 § 6, 2000; Ord. 9903 § 3, 1999; Ord. 9717 § 2 (part), 1997; amended by council August 13, 1997; amended by council June 3, 1996 and May 20, 1996: prior code § 7328)
17.18.030 Conditional and temporary uses.
Conditional and temporary uses in the C-N, C-R, and C-S zones shall be determined by Table
17.25.030 in Section 17.25.030. (Ord. 2017-01 (part), 2017: Ord. 2016-06, 2016; Ord. 2015-04 § 2,
2015; Ord. 2015-01 § 2, 2015; Ord. 2014-07 § 3 (part), 2014; Ord. 2012-10, 2012; Ord. 2012-08, 2012; Ord. 2012-02, 2012; Ord. 2011-07 § 2, 2011; Ord. 2010-16, 2010; Ord. 2009-02, 2009; Ord. 2006-17, 2006; Res. 2004-75 (part), 2004; Ord. 2004-08 § 3, 2004; Res. 2004-14 (part), 2004; Res. 2003-95 (part), 2003; Res. 2002-83, 2002; Res. 2002-26, 2002; Res. 2001-40, 2001; Res. 2001-29, 2001; Ord. 2000-01 § 6, 2000; Ord. 9903 § 3, 1999; Ord. 9717 § 2 (part), 1997; amended by council August 13, 1997; amended by council June 3, 1996 and May 20, 1996: prior code § 7328)
17.18.040 Required conditions.
A. A site plan review permit must be obtained for all development in all C-N, C-S, and C-R zones, subject to the requirements and procedures in Chapter 17.28.
B. All businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, Christmas tree sales lots, bus depots and transit stations, electric distribution substation, and recycling facilities;
C. All products produced on the site of any of the permitted uses shall be sold primarily at retail on the site where produced;
D. All new construction in existing C-N zones not a part of a previously approved planned development shall conform with development standards determined by the site plan review committee. (Ord. 2017-01 (part), 2017: prior code § 7319)
17.18.050 Off-street parking and loading facilities.
Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.34. (Ord. 2017-01 (part), 2017: prior code § 7325)
17.18.060 Development standards in the C-N zone.
The following development standards shall apply to property located in the C-N zone:
A. Minimum site area: five (5) acres.
B. Maximum building height: fifty (50) feet.
C. Minimum required yards (building setbacks):
1. Front: fifteen (15) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1 or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1 or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: fifteen (15) feet;
2. Rear: five (5) feet (except where a building is located on side property line);
3. Rear yards abutting an R-1 or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1 or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet. (Ord. 2017-01 (part), 2017) ___________________________________________________________________________________
SINGLE-FAMILY RESIDENTIAL ZONE
(Chapter 17.12)
Article 1. General
17.12.010 Purpose and intent.
In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one- family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic
congestion and to avoid an overload of utilities designed to service only low density residential use. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7270)
17.12.015 Applicability.
The requirements in this chapter shall apply to all property within R-1 zone districts. (Ord. 2017-01 (part), 2017)
17.12.020 Permitted uses.
In the R-1 single-family residential zones, the following uses shall be permitted by right:
A. One-family dwellings;
B. Raising of fruit and nut trees, vegetables and horticultural specialties; C. Accessory structures located on the same site with a permitted use including private garages and carports, one guest house, storehouses, garden structures, green houses, recreation room and hobby shops;
D. Swimming pools used solely by persons resident on the site and their guests; provided, that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard;
E. Temporary subdivision sales offices;
F. Licensed day care for a maximum of fourteen (14) children in addition to the residing family; G. Twenty-four (24) hour residential care facilities or foster homes, for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provisions of Chapter 17.48;
I. The keeping of household pets, subject to the definition of household pets set forth in Section
17.04.030;
J. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200; K. Adult day care up to twelve (12) persons in addition to the residing family; L. Other uses similar in nature and intensity as determined by the city planner; M. Legally existing multiple family units, and expansion or reconstruction as provided in Section
17.12.070;
N. Transitional or supportive housing as defined by California Health and Safety Code Sections 50675.2(h) and 53260(c);
O. In the R-1-20 zone only, the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling;
P. In the R-1-20 zone only, the raising of livestock, except pigs of any kind, subject to the exception of not more than two cows, two horses, four sheep or four goats for each site, shall be permitted; provided, that there be no limitation on the number of livestock permitted on a site with an area of ten acres or more and provided that no stable be located closer than fifty (50) feet to any dwelling on the site or closer than one hundred (100) feet to any other dwelling.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 9717 § 2 (part), 1997:
Ord. 9605 § 30 (part), 1996: prior code § 7271)
17.12.030 Accessory uses.
In the R-1 single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:
A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.12.100(B).
C. Cottage Food Operations subject to the provisions of Health and Safety Code 113758 and Section
17.32.035. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7272)
17.12.040 Conditional uses.
In the R-1 single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:
A. Planned development subject to the provisions of Chapter 17.26; B. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions; C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases; D. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations, i.e., community water service wells; H. Communications equipment buildings;
I. Planned neighborhood commercial center subject to the provisions of Chapter 17.26; J. Residential development specifically designed for senior housing; K. Mobile home parks in conformance with Section 17.32.040; L. [Reserved.]
M. Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this article and in which the private streets are designed and constructed to meet or exceed public street standards; N. Adult day care in excess of twelve (12) persons;
O. Duplexes on corner lots;
P. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family;
Q. Residential structures and accessory buildings totaling more than ten thousand (10,000) square feet;
R. Other uses similar in nature and intensity as determined by the city planner. (Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 2001-13 § 4 (part), 2001: Ord. 2000-02 § 1 (part), 2000; amended during 10/97 supplement: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7273)
17.12.050 Site area.
The minimum site area shall be as follows:
Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:
Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7274)
17.12.060 One dwelling unit per site.
In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J). (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7275)
17.12.070 Replacement and expansion of legally existing multiple family units.
In accordance with Section 17.12.020 legally existing multiple family units may be expanded or replaced if destroyed by fire or other disaster subject to the following criteria:
A. A site plan review permit as provided in Chapter 17.28 is required for all expansions or replacements.
B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single-family units in the neighborhood. Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review committee shall be subject to the appeals process set forth in Section 17.28.050.
C. Setbacks and related development standards shall be consistent with existing single-family units in the neighborhood.
D. Parking requirements set forth in Section 17.34.020 and landscaping requirements shall meet current city standards and shall apply to the entire site(s), not just the replacement unit(s) or expanded area, which may result in the reduction of the number of units on the site.
E. The number of multiple family units on the site shall not be increased.
F. All rights established under Sections 17.12.020 and 17.12.070 shall be null and void one hundred eighty (180) days after the date that the unit(s) are destroyed (or rendered uninhabitable), unless a building permit has been obtained and diligent pursuit of construction has commenced. The approval of a site plan review permit does not constitute compliance with this requirement. (Ord. 2017-01 (part), 2017:
Ord. 9717 § 2 (part), 1997: prior code § 7276)
17.12.080 Front yard.
A. The minimum front yard shall be as follows:
Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front- loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.
R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.
C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages. (Ord. 2017-01 (part), 2017: Ord. 2004-20 (part), 2004: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7277)
17.12.090 Side yards.
A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.
B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.
C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.
D. On corner lots, all front-loading garage doors or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere, shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk. A porte cochere with less than twenty- two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.
E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review committee.
F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots.
This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7278)
17.12.100 Rear yard.
In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:
A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.
B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.
C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7279)
17.12.110 Height of structures.
In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B). (Ord. 2017-01 (part), 2017: Ord. 2006-07 § 2 (part), 2006: Ord. 9717 § 2 (part), 1997: prior code § 7280)
17.12.120 Off-street parking.
In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7281)
17.12.130 Fences, walls and hedges.
In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7282)
17.12.135 Lot area less than 5,000 square feet.
A. Notwithstanding Section 17.12.050, lots in the R-1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:
1. The Planning Commission finds that the development's overall density is consistent with the General Plan.
2. The maximum number of lots less than 5,000 square feet that may be approved by a tentative subdivision map shall be fifty (50) percent or less of the total lots.
3. Streets shall be constructed to public street standards.
4. Each subdivision with at least 15 lots that are less than 5,000 square feet in size shall make available to buyers at least three (3) different small lot floor plans with at least four (4) available elevation designs for each floor plan to construct on those lots.
5. The primary frontage of the dwelling unit shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.
6. The primary frontage of the dwelling unit shall include the primary entrance and at least one window.
7. Required covered parking spaces shall be in garages. Carports are prohibited.
8. The width of the garage shall not be greater than fifty (50) percent of the width of the dwelling unit.
9. The garage shall not extend beyond the front building facade (living area.)
10. All dwelling units shall include a covered front porch at least four (4) feet deep and six (6) feet wide or an uncovered front courtyard at least five (5) feet wide and five (5) feet deep that is surrounded on four sides by the dwelling unit or a wall or fence between three (3) and four (4) feet high with a pedestrian gate or entryway.
11. The building official shall not approve a building permit for a new dwelling unit on a lot with a lot area less than 5,000 square feet until the city planner, or designee, has determined that the standards identified in this section are met.
12. The subdivision shall provide a common, usable open space area of a minimum 3,000 square feet or two hundred fifty (250) square feet per lot under 5,000 square feet, whichever is greater. The area shall be landscaped and maintained with funding from either a homeowner's association or a landscape and lighting act district.
B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:
1. The minimum lot depth shall be seventy (70) feet.
2. The minimum lot width shall be forty-six (46) feet for interior lots and fifty-one (51) feet for corner lots.
3. The minimum front building setback area shall be twelve (12) feet for livable space and twenty (20) feet for garages.
4. The minimum rear yard building setback area shall be fifteen (15) feet.
5. The minimum interior side yard building setback area shall be five (5) feet.
6. The minimum corner side yard building setback area shall be ten (10) feet.
7. The maximum building height shall be thirty-five (35) feet.
8. Lots shall provide for a usable open space area of a minimum three hundred (300) square feet.
The open space shall be a minimum fifteen (15) feet wide.
C. Lots less having a lot area of 3,600 square feet, or lots that do not meet the standards in this section may be approved through the planned development permit process per Chapter 17.26. (Ord. 2017-01 (part), 2017)
17.12.137 Signs.
Signs shall be placed in conformance with Chapter 17.48. (Ord. 2017-01 (part), 2017) Article 2. Accessory Dwelling Units
17.12.140 Purpose and intent.
It is the purpose of this article to provide for the following:
A. To encourage a range of housing types, styles and costs to suit the varying needs and desires of the community;
B. To allow homeowners a means of obtaining, through tenants and accessory dwelling units, an additional source of income, companionship, security, and services; C. To add inexpensive rental units to the housing stock of the city; D. To create homeownership opportunities for moderate income households who might otherwise be excluded from the housing market, through the additional income derived from accessory dwelling units; E. Develop housing in single-family neighborhoods that is appropriate for a variety of stages in the household life cycle, thereby lessening fluctuations in neighborhood demand for public services; F. Protect the stability, property values, and character of single family residential neighborhoods by insuring that accessory dwelling units are subject to the standards that follow. (Ord. 2017-01 (part), 2017:
Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(A))
17.12.150 Definitions.
As used in this article, the following terms are defined in this section:
"Principal dwelling unit" means a single-family dwelling unit situated on a residential lot in the A or R-1 zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added. "Accessory dwelling unit" means an additional dwelling unit having separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a single-family dwelling on a residential lot in the A or R-1 zones. Accessory dwelling units may also be efficiency units, as defined in Section 17958.1 of the health and Safety code, and manufacturing homes, as defined in Section 18007 of the Health and Safety Code.
"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003:
Ord. 9717 § 2 (part), 1997: prior code § 7283(B))
17.12.160 General provisions.
An accessory dwelling unit may be established by the conversion of an attic, basement, garage (if alternative parking area is provided for the principal dwelling unit), or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction. Second dwelling units may be mobile homes, provided that such units are subject to all applicable standards of Section 17.32.110, governing the placement of mobile homes on single-family lots. All applications for accessory dwelling units, whether processed as a permitted use or an exception, must comply with the general provisions stated below:
A. Accessory dwelling units shall only be allowed on lots located in the A and R-1 zones; B. In no case shall more than one accessory dwelling unit be placed on the same lot or parcel; C. Second dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places;
D. Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area;
E. A covenant running with the land between the city and the applicant shall be recorded with the Tulare County recorder prior to the issuance of any building permits requiring that the primary or the proposed accessory dwelling unit shall be occupied by the owner of record; F. The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit by size, location and appearance;
G. The second unit's scale, appearance and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences; H. In no case shall any accessory dwelling unit be approved on a site on which the principal dwelling unit has been the subject of a garage conversion pursuant to the regulations of Section 17.32.140 governing such conversions.
I. Size. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty (320) square feet in living area. An efficiency unit shall not be less than one hundred fifty (150) square feet in living area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code;
J. Access. Doorway access shall be provided either to the side or rear of the second housing unit; K. Utility Services. Second housing units shall be provided with water, sewer, and other utilities as determined by the building official. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(C))
17.12.170 Process.
The city planner shall approve or deny accessory dwelling unit requests based upon the specified requirements. The applicant may appeal the decision of the city planner to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner, in writing, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(D))
17.12.180 Development requirements.
The following development requirements shall apply to accessory dwelling units:
A. The increased floor area of the second unit shall not exceed twelve hundred (1,200) square feet or ) fifty (50) percent of the main dwelling unit, whichever is greater, and shall be used as an accessory to the primary single family home.
B. Adequate parking area must be available on the streets adjacent to the accessory dwelling unit. If adequate on-street parking is not available in the immediate vicinity, or in the case of all second units located on cul-de-sac lots, one additional off-street parking space must be provided. Tandem parking shall not be deemed as meeting the above parking requirement. The additional parking space shall be waived if in any of the following instances:
1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling unit.
C. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.
D. Detached accessory dwelling units are subject to all applicable standards for accessory structures, as stated in the development requirements for the underlying zone, unless a variance has been granted pursuant to Chapter 17.42. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(E))
17.12.190 Appeals.
The applicant may appeal the decision of the city planner to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(F))
17.12.200 Existing nonconforming accessory dwelling units.
An existing accessory dwelling unit situated on a lot or parcel in the A or R-1 zones shall constitute a violation of this title unless: (1) the unit meets the standards and criteria of Chapter 17.12, and an agreement is recorded; or (2) the accessory dwelling unit qualifies as a permitted nonconforming use and structure under the provisions of Chapter 17.40. No enlargement of habitable space shall be allowed unless the standards and criteria of Chapter 17.12 are met. This shall not apply to maintenance of the unit. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(G))
GENERAL PLAN AMENDMENTS
Chapter 17.54
17.54.010 Purpose.
As the general plan for Visalia is implemented, there may be a need for amendments to land use boundaries and policies of the general plan. Such amendments shall be made in accordance with the procedure prescribed in this chapter. (Ord. 2017-01 (part), 2017: prior code § 7650)
17.54.020 Initiation.
A. An amendment to the land use boundaries of the general plan may be initiated by any interested person or the owners of the property within the area for which the amendment is proposed. The area of a proposed land use amendment and/or policy amendment may be expanded in scope by the planning commission in the resolution of intention.
B. An amendment to land use boundaries and/or policies may be initiated by the city planning commission or the city council by adoption of a resolution of intention. (Ord. 2017-01 (part), 2017: prior code § 7651)
17.54.030 Application procedures.
A. An application for an amendment shall be filed by the applicant with the city planning commission on a form prescribed by the commission. Said application shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property for which a land use boundary amendment is proposed or the authorized agent of the owner. In the case of a policy amendment the statement shall indicate the interest of the applicant;
3. Address and legal description of the subject property, if applicable;
4. The application shall include material deemed necessary by the city planner to clearly show the applicant's proposal.
B. The application shall be accompanied by a fee set by resolution of the city council to cover the cost of processing the application. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7652)
17.54.040 Public hearing—Notice.
Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area under consideration if an amendment to the land use element is under consideration. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7653)
17.54.050 Investigation and report.
The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission. (Ord. 2017-01 (part), 2017: prior code § 7654)
17.54.060 Hearing.
At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence regarding the proposed amendment. (Ord. 2017-01 (part), 2017: prior code § 7655)
17.54.070 Action of city planning commission.
Within forty-five (45) days following the public hearing, the city planning commission shall make a specific recommendation and shall transmit a report to the city council. The report shall include a resolution recommending either approval or denial of the proposed amendment, together with pertinent information and the report of the city planning staff. (Ord. 2017-01 (part), 2017: prior code § 7656)
17.54.080 Action of the city council.
A. Upon receipt of the resolution and report of the city planning commission, the city council shall hold at least one public hearing with public notice as prescribed in Section 17.54.040. Following the noticed public hearing, the city council shall approve, deny or modify the city planning commission recommendation.
B. If the element or amendment has been approved by the city planning commission, the city council shall not modify the recommendation until the proposed change or modification has been referred back to the city planning commission for a report and a copy of the report has been filed with the city council.
Failure of the city planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council shall be deemed to be approval of the proposed change or modification. It shall not be necessary for the city planning commission to hold a public hearing on such proposed change or modification.
C. The adoption of a general plan element, or amendment, shall be by resolution of the city council.
(Ord. 2017-01 (part), 2017: prior code § 7657)
CHAPTER 17.42: VARIANCES
17.42.010 Variance purposes.
The city planning commission may grant variances in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. A practical difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning ordinance is provided by the conditional use provisions of this title.
17.42.020 [Reserved]
17.42.030 Variance powers of city planning commission.
The city planning commission may grant variances to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage coverage, front yard, rear yard, side yards, height of structures, distance between structures, off-street parking facilities, accessory dwelling unit standards pursuant to Sections 17,12.140 through 17.12.200, and downtown building design criteria pursuant to Section 17.58.082 through 17.58.088; in accordance with the procedures prescribed in this chapter.
17.42.040 [Reserved]
17.42.050 Application procedures.
A. Application for a variance or exception shall be made to the city planning commission on a form prescribed by the commission and shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property, is the authorized agent of the owners, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;
3. Address and legal description of the property;
4. Statement of the precise nature of the variance or exception requested and the hardship or practical difficulty that would result from the strict interpretation and enforcement of this title;
5. The application shall be accompanied by such sketches or drawings that may be necessary to clearly show applicant's proposal;
6. Additional information as required by the historic preservation advisory board;
7. When reviewing requests for an exception associated with a request for density bonus as provided in Chapter 17.32, Article 2, the applicant shall submit copies of the comprehensive development plan, sketches and plans indicating the nature of the request and written justification that the requested modifications result in identifiable cost reductions required for project to reach target affordability.
B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.
17.42.060 Hearing and notice.
A. The city planning commission shall hold a public hearing on an application for a variance.
B. Notice of a public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by mailing a notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing.
17.42.070 Investigation and report.
The city planning staff shall make an investigation of the application and shall prepare a report thereon that shall be submitted to the city planning commission.
17.42.080 Public hearing procedure.
At a public hearing the city planning commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.42.090.
17.42.090 Variance action of the city planning commission.
A. The city planning commission may grant a variance to a regulation prescribed by this title with respect to fences and walls, site area, width, frontage, coverage, front yard, rear yard, side yards, height of structures, distances between structures or landscaped areas or in modified form if, on the basis of the application, the report of the city planning staff or the evidence submitted, the commission makes the following findings:
1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the zoning ordinance;
2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zone;
3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone;
4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone;
5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
B. The city planning commission may grant a variance to a regulation prescribed by this title with respect to off-street parking facilities, if, on the basis of the application, the report of the city planner or the evidence submitted the commission makes the findings prescribed in subsection (A)(1) of this section and that the granting of the variance will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
C. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe.
D. The city planning commission may deny a variance application.
17.42.100 [Reserved]
17.42.110 Appeal to city council.
The decision of the city planning commission on a variance or exception application shall be subject to the appeal provisions of Section 17.02.145.
17.42.120 Lapse of variance.
A variance shall lapse and become void one year following the date on which the variance became effective, unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site that was the subject of the variance application, or a certificate of occupancy is issued by the building official for the site or structure that was the subject of the variance application. A variance may be renewed for an additional period of one year; provided, that prior to the expiration of one year from the date when the variance became effective, an application for renewal of the variance is made to the commission. The commission may grant or deny an application for renewal of a variance.
17.42.130 Revocation.
A variance granted subject to a condition or conditions shall be revoked by the city planning commission if the condition or conditions are not complied with.
17.42.140 New application.
Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance.
Exhibit “A”
Exhibit “B”
Exhibit “C”
Exhibit “D”
NOTICE OF EXEMPTION
City of Visalia
315 E. Acequia Avenue
Visalia, CA 93291
(559) 713-4359
To: County Clerk
County of Tulare
County Civic Center
Visalia, CA 93291-4593
General Plan Amendment No. 2021-10, Change of Zone No. 2021-12, and Variance No. 2021-
05. PROJECT TITLE
914 S. Mooney Boulevard (APNs: 096-023-023, 031)
PROJECT LOCATION
Visalia Tulare
PROJECT LOCATION - CITY COUNTY
General Plan Amendment No. 2021-10 – A request to change the land use designation of a 15,261 sq. ft. parcel from Low Density Residential to Commercial Mixed Use. Change of Zone No. 2021-12 – A request to change the zoning designation of a 15,261 sq. ft. parcel from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to C-MU (Mixed Use Commercial) Variance No. 2021-05 - A request for encroachment of the southwest corner of the building into the 10-foot street side yard setback.
DESCRIPTION - Nature, Purpose, & Beneficiaries of Project City of Visalia
NAME OF PUBLIC AGENCY APPROVING PROJECT
Ming Lu Jin, 2311 N. 11th Avenue, Hanford CA 93230, (678) 687-4614, E-mail: N/A
NAME AND ADDRESS OF APPLICANT CARRYING OUT PROJECT
Eric McConnaughey, EBM Design Group, Inc., 4412 W. Ferguson Avenue, Visalia CA 93291, (559) 732-9236, [email protected]
NAME AND ADDRESS OF AGENT CARRYING OUT PROJECT
EXEMPT STATUS: (Check one)
Ministerial - Section 15073
Emergency Project - Section 15071
Categorical Exemption - State type and Section number: Section 15332, In-fill Development Projects
Statutory Exemptions- State code number:
Project will remodel an existi ng building on a site under five acres in size. Proposed land use designation changes will be continue to be consistent and will be in compliance with exis ting General Plan policies and Zoning regulations.
REASON FOR PROJECT EXEMPTION
Josh Dan, Associate Planner (559) 713-4003
CONTACT PERSON AREA CODE/PHONE
DATE Brandon Smith, Senior Planner
ENVIRONMENTAL COORDINATOR