Environmental Document # 2022-51
NOTICE OF EXEMPTION
City of Visalia
315 E. Acequia Ave.
Visalia, CA 93291
(559) 713-4359
To: County Clerk
County of Tulare
County Civic Center
Visalia, CA 93291-4593
Conditional Use Permit No. 2022-23
PROJECT TITLE
The project site is located at the Southwest corner of East K Avenue and South Ben Maddox Way (APN APNs: 126-750-050 & 126-750-051)
PROJECT LOCATION
Visalia Tulare
PROJECT LOCATION - CITY COUNTY
A request by to establish a 292-unit multi-family residential development on 10.8 acres in the R-M-2 (Multi- Family Residential, 3,000 sq. ft. minimum site area) zone.
DESCRIPTION - Nature, Purpose, & Beneficiaries of Project
City of Visalia, Attn: Brandon Smith, 315 E. Acequia Avenue, Visalia CA 93291, (559) 713-4636, [email protected]
NAME OF LEAD AGENCY APPROVING PROJECT
Maracor Development Inc., Attn: Chris Hawke, 61 Moraga Way, Suite 4, Orinda, CA 94563, (925) 389- 6836, [email protected]
NAME AND ADDRESS OF APPLICANT CARRYING OUT PROJECT
N/A
NAME AND ADDRESS OF AGENT CARRYING OUT PROJECT
EXEMPT STATUS: (Check one)
Ministerial - Section 15183
Emergency Project - Section 15071
Categorical Exemption - State type and Section number:
Statutory Exemptions- State code number:
The project is consistent with a Community Plan, General Plan, or Zoning and its related development density, for which an environmental impact report (EIR) has been certified (i.e., City of Visalia General Plan General Plan Program EIR certified by Resolution No. 2014- 37, adopted on October 14, 2014) ; therefore, the project is ministerially exempt under the findings of State CEQA Guidelines Section 15183.
REASON FOR PROJECT EXEMPTION
Brandon Smith, Principal Planner (559) 713-4636
CONTACT PERSON AREA CODE/PHONE
December 19, 2022
DATE
Brandon Smith, AICP
ENVIRONMENTAL COORDINATOR
The California Environmental Quality Act
(CEQA) Section 15183 Findings:
Application: Conditional Use Permit No. 2022-23 Environmental Review 2022-51 Location: Southwest corner of East K Avenue and South Ben Maddox Way Assessor’s Parcel Number: 126-750-050 & 126-750-051
General Plan Designation: Residential Medium Density Zoning: R-M-2
State CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine w hether there are project -specific significant effects which are peculiar to the project or its site.”
The City of Visalia finds that as a result of the proposed project no new effects could occur, or new mitigation measures would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution No. 2014- 37 adopted on October 14, 2014. THE PROGRAM ENVIRONMENTAL IMPACT REPORT WILL BE UTILIZED.
The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.
In approving a project meeting the requirements of CEQA Section 15183, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
1. Is the project consistent with the General Plan and Zoning designations for the site (including density for residential developments)? Yes X
If yes, please explain below. If no, the project does not qualify for this exemption.
Comment/Finding:
No______
As indicated above, the General Plan designation for this site is Office (O) and Residential High Density (RHD) which allows 15 to 35 dwelling units per acre. The proposed project would provide
31.88 units per acre which is consistent with the General Plan.
The site is zoned O -PA and R -M-3 has a land use designation which allows for residential land uses with approval of a Conditional Use Permit. The proposed project is consistent with the zoning.
2. Are there any impacts that weren’t evaluated in the General Plan EIR that are peculiar to the project or the parcel on which the project would be located? Yes______No__X___ If yes, an initial study or detailed analysis is necessary to determine if specific impacts will need to be mitigated.
If no, continue with CEQA Section 15183 Exemption.
The California Environmental Quality Act (CEQA)
Section 15183 Findings
Comment/Finding:
All potential impacts from this development were evaluated with the General Plan EIR. The site is consistent with the General Plan and zoning and has no unique features that were not evaluated with the General Plan EIR.
3. Are there project specific impacts which the General Plan EIR failed to analyze as significant effects.
Yes______No__X___
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.
If no, continue with CEQA Section 15183 Exemption.
Comment/Finding:
The proposed project would not result in any additional impacts that were not evaluated with the General Plan EIR.
4. Is there substantial new information which would result in more severe impacts than anticipated by the General Plan EIR? Yes______No__X___
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.
If no, continue with CEQA Section 15183 Exemption.
Comment/Finding:
There is no new information as a result of the pr oposed project that would result in more severe impacts. This project is consistent with the General Plan density and circulation element and the land use designation for Office (O) and Residential High Density (RHD) . All potential impacts were evaluated with the General Plan EIR.
On the basis of this evaluation, in accordance with the requirements of Section 15183 of the CEQA Guidelines:
1. It is found that subsequent negative declaration will need to be prepared.
2. It is found that an addendum Negative Declaration will need to be prepared.
3. That a subsequent EIR will need to be prepared.
X 4. No further documentation is required.
Date: December 19, 2022
Prepared By:
Brandon Smith
Principal Planner
Prepare a notice of exemption using CEQA section 15183 based on this analysis.