Ordinance No. 2022-12
ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING CHANGE OF ZONE NO. 2021-04,
A REQUEST TO CHANGE THE ZONING ON ONE PARCEL TOTALING 10 ACRES, RESULTING IN THE REMOVAL OF A R-1-20 (SINGLE-FAMILY RESIDENTIAL 20,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, ADDITION TO A R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, AND ESTABLISHMENT OF A QP (QUASI-PUBLIC) ZONE DESIGNATION.
THE PROJECT SITE CONSISTS OF ONE PARCEL LOCATED ON THE WEST SIDE OF SHIRK STREET, 300 FEET SOUTH OF W. PERSHING COURT. (APN: 081-030-046)
WHEREAS, Change of Zone No. 2021 -04 is a request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R -1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R -1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi - Public) zone designation. The project site consists of one parcel located on the west side of Shirk Street, 300 feet south of W. Pershing Court. (APN: 081-030-046); and,
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 25, 2022; and
WHEREAS, after taking public comment at the July 25, 2022, Planning Commission meeting the Planning Commission continued the project to the August 8, 2022 Planning Commission meeting at the request of the applicant; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on August 8, 2022; and
WHEREAS, the Planning Commission of the City of Visalia considered the Change of Zone in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing, and recommended approval of said Change of Zone; and,
WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2021-36 recommending approval of Change of Zone No. 2021-04; and,
WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for Change of Zone No. 2021-04 on September 6, 2022.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia approves Change of Zone No. 2021-04, as shown on Attachment “1” of this Ordinance, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17. 44.090 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:
1. That the proposed Change of Zone is consistent with t he 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.
Ordinance No. 2022-12
2. That the proposed Change of Zone changing 4.7 -acres of R -1-20 (Singl e-family Residential, 20,000 square feet minimum lot size) zone to 1.0 acre of QP (Quasi -Public) and 3.7 acres of R -1-5 (Single-family Residential, 5,000 square feet minimum lot size) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.
3. That the Change of Zone will help facilitate additional residential units within the Tier 1 Urban Development Boundary. The proposed subdivision is compatible with the adjacent residential uses.
4. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2021-33, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
Ordinance No. 2022-12
ATTACHMENT “1” OF ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COUNCIL
AMENDING THE ZONING MAP AS FOLLOWS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
Section 1: The Zoning Map is hereby amended as follows:
EXISTING
Ordinance No. 2022-12
PROPOSED
Section 2: This property and Zoning Map of the City of Visalia is hereby amended to show said property changes.
Section 3: This Ordinance shall take effect thirty days after passage hereof.