RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND APPROVING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2022-15: A REQUEST BY 7TEN PROPERTIES LLC TO AMEND PREVIOUSLY APPROVED CONDITIONAL USE PERMIT NOS. 279 AND 365 IN ORDER TO OPERATE “THE WOODLANDS” OUTDOOR ENTERTAINMENT/EVENT VENUE IN THE QUASI-PUBLIC ZONE LOCATED AT 4211 WEST GOSHEN AVENUE (APN: 085-630-001 AND -003)
WHEREAS, Conditional Use Permit No. 2022-15, is a request by 7Ten Properties LLC to amend previously approved Conditional Use Permit Nos. 279 and 365 in order to operate a primarily private events venue with occasional public events on an 84,780-square-foot site in the Quasi-Public Zone. The site is located at 4211 W. Goshen Avenue (APN: 085-630-001 and -003); and WHEREAS, the Planning Commission of the City of Visalia, after a duly published public hearing notice, conducted said public hearing on December 12, 2022, and concluded said hearing on that date; and WHEREAS, the Planning Commission of the City of Visalia found Conditional Use Permit No. 2022-15 to be in accordance with Chapter 17.38 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, the Planning Commission approved Conditional Use Permit No. 2022-15 based on the findings contained in Resolution No. 2022-28, consistent with Visalia Municipal Code Section 17.38.110; and WHEREAS, an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2022-15, was received on December 20, 2022; and WHEREAS, the appeal, filed by the Applicant, requested that Condition No. 21 regarding the specific location of the acoustical sound-dampening fence be modified; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on January 17, 2023; and WHEREAS, an Initial Study was prepared and circulated which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures. The Mitigated Negative Declaration (MND) prepared for the project contains noise mitigation measures incorporated into the project based upon an acoustical analysis. The mitigation contained in the project shall effectively reduce the environmental impact of noise to a level that is less than significant while the project site is in operation subject to the mitigations contained in the Mitigation Monitoring Program included in the MND, and that the Environmental Impact Report prepared for the City of Visalia General Plan, certified by Resolution No. 2014-37, adopted on October 14, 2014, was used for the adoption of the General Plan Land Use Designation of the subject site.
NOW, THEREFORE, BE IT RESOLVED that Mitigated Negative Declaration No. 2022-30 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:
1. That the proposed Conditional Use Permit is consistent with the intent, objectives, and policies of the General Plan and Zoning Ordinance.
2. That the proposed Conditional Use Permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the Conditional Use Permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed use. The Zoning Map, adopted on April 6, 2017, designates the site as Quasi-Public which allows for event venue space as a use conditionally allowed with a Conditional Use Permit (VMC Section 17.52.030.J). This use is considered compatible in this zone where potential impacts can be addressed through the CUP process. The site is located along Goshen Avenue. The proposed project, although already existing, is subject to the mitigation measures identified for this project and subject to the project conditions required of this project in order to operate while mitigating any potential impacts to adjoining uses. b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Mitigation measures and conditions of the project are included in the project to reduce impacts of the project to levels that are less than significant. The hours of operation for the event venue are restricted as identified in the attached Operational Statement, mitigation measures, and conditions of approval. In addition, the development of the site will comply with federal, State, and local building code requirements, ADA requirements, and project-specific conditions for this CUP.
3. That an Initial Study was prepared for this project, consistent with the California Environmental Quality Act, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2022-30 is hereby adopted.
BE IT FURTHER RESOLVED that the City Council denies the Applicant’s appeal, upholds the Planning Commission’s approval, and approves the Conditional Use Permit on the real property herein above described in accordance with the terms of this resolution under the provisions of Section 17.38 of the Ordinance Code of the City of Visalia, subject to the following conditions:
That the Conditional Use Permit shall be developed consistent with the comments, conditions, and approved site plan for Site Plan Review No. 2022-019.
That all other federal, State, and regional agency laws and city codes and ordinances be complied with.
The Applicant is responsible for strictly adhering to all studies and their associated mitigation measures for this project.
If required due to the location of sewer lines in relation to property boundaries, a Lot Line Adjustment shall be required prior to finalization of Building Permits for the project. Approvals shall be obtained within 60 days of project approval.
The Applicant shall obtain Building Permits for all structures and improvements constructed without required approvals and any future improvements that require a permit. Approvals shall be obtained within 45 days of project approval.
The Applicant, if required, shall be responsible for installing and/or repairing curb, gutter, and drive approach as required by the City.
The Applicant shall obtain an encroachment permit for any work needed to be completed within a public right of way.
The Applicant shall install landscape curbing (typical at parking lot planters).
The Applicant shall obtain approval of a Dust Control Plan per SJVAPCD’s Regulation VIII requirements. A copy of this shall be provided to the City.
If required, the Applicant shall work with the SJVAPCD to ensure compliance with Rule 9510 Indirect Source Review. A copy of the approved Air Impact Assessment shall be provided to the City.
If the project meets one acre of disturbance criteria of the State’s Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is needed. A copy of the approved permit and the SWPPPP shall be provided to the City.
The project shall be operated in strict compliance with the Security Plan attached as Exhibit “F”.
If the Applicant desires to utilize the existing decomposed granite parking lot located on the Southeast portion of the site, the Applicant shall obtain approval of a City permit to pave the parking area with either concrete or asphalt concrete. Any new parking areas shall be constructed per City Standards PK-1 through PK-4.
If the Applicant utilizes the 80 parking stalls available from the church facility located at 1023 N. Chinowth Street, the Applicant shall enter into a shared parking agreement with the church and furnish a copy of the agreement to the City prior to hosting any events where the required parking will exceed the rate specified in Condition No. 18.
If the Applicant utilizes the 80 parking stalls from the church facility located at 1023 N. Chinowth Street, the Applicant shall submit a directional signage plan to the City Traffic Engineer that includes signage or placement of live staff during events to direct and support safe pedestrian travel to the venue from the parking lot and comply with said signage plan.
Under no circumstances shall parking be allowed on the public right of way be counted towards the required parking necessary for the use.
The maximum attendance per event shall be limited to the ultimate number of approved parking spaces associated with this project at a rate of 2.4 persons per vehicle and available parking spaces.
Any newly installed landscaping shall comply with MWELO requirements. All on-site landscaping shall be properly maintained.
All on-site lighting shall be shielded and directed toward the interior of the site to avoid light spillover onto adjacent properties.
Lighting along the respective property lines shall not exceed 1.0 footcandles.
The Applicant shall install an acoustical fence with a minimum height of 12 feet above the project‐side grade and said acoustical fence shall be located along the north side of the Italian Cypress trees on the project site.
Strict compliance with the allowable decibel levels shall be adhered to for daytime and nighttime events as established in the Visalia Municipal Code.
Hours of operation for the outdoor venue shall be limited to the proposed hours of 7:00 AM to 10:00 PM.
PASSED AND ADOPTED: January 17, 2023 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on January 17, 2023.
Dated: January 18, 2023 LESLIE B. CAVIGLIA, CITY CLERK By Michelle Nicholson, Chief Deputy City Clerk