1 PLANNING COMMISSION AGENDA
CHAIRPERSON: VICE CHAIRPERSON:
Marvin Hansen Adam Peck COMMISSIONERS: Mary Beatie, Chris Gomez, Chris Tavarez, Adam Peck, Marvin Hansen MONDAY, JANUARY 09, 2023
VISALIA COUNCIL CHAMBERS
LOCATED AT 707 W. ACEQUIA AVENUE, VISALIA, CA
MEETING TIME: 7:00 PM
1. CALL TO ORDER –
2. THE PLEDGE OF ALLEGIANCE –
3. CITIZEN’S COMMENTS – This is the time for citizens to comment on subject matters that are not on the agenda but are within the jurisdiction of the Visalia Planning Commission. You may provide comments to the Planning Commission at this time, but the Planning Commission may only legally discuss those items already on tonight’s agenda.
The Commission requests that a five (5) minute time limit be observed for Citizen Comments. You will be notified when your five minutes have expired.
4. CHANGES OR COMMENTS TO THE AGENDA –
5. CONSENT CALENDAR - All items under the consent calendar are to be considered routine and will be enacted by one motion. For any discussion of an item on the consent calendar, it will be removed at the request of the Commission and made a part of the regular agenda. a. Administrative Adjustment Annual Report to Planning Commission.
6. PUBLIC HEARING – Kira Noguera, Senior Planner QK, Inc., Planning Consultant to the Planning Division
Conditional Use Permit No. 2022- 23: A request by Maracor Development 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. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051). A Notice of Exemption was prepared for the conditional use permit in accordance with State California Environmental Quality Act (CE QA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site.
Planning Commission Agenda, Monday, January 9, 2023
2 7. PUBLIC HEARING – Kira Noguera, Senior Planner QK, Inc., Planning Consultant to the Planning Division
Conditional Use Permit No. 2022-21: A request by Maracor Development to establish a 222- unit multi -family residential development on 7.61 acres in the R -M-3 (Multi-Family Residential, 1,200 sq. ft. minimum site area) and O-PA (Professional/Administrative Office) zones. The project site is located on the southwe st corner of West Houston Avenue and North Demaree Street (APNs: 077- 660-021, 077-660-022 & 077 -660-024). A Notice of Exemption was prepared for the conditional use permit in accordance with State California Environmental Quality Act (CE QA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2022- 45 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further pr oject-specific effects that are peculiar to the project or the site.
8. CITY PLANNER/ PLANNING COMMISSION DISCUSSION –
a. Next Planning Commission Meeting is Monday, January 23, 2023. b. Appeal of Woodlands CUP received. Appeal will be set for the January 17, 2023, City Council meeting.
c. Preparation for 2022 Annual Planning Commission Update Report. d. 2023 Planning Commission Meeting Calendar.
The Planning Commission meeting may end no later than 11:00 P.M. Any unfinished business may be continued to a future date and time to be determined by the Commission at this meeting. The Planning Commission routinely visits the project sites listed on the agenda.
For Hearing Impaired – Call (559) 713- 4900 (TTY) 48 -hours in advance of the scheduled meeting time to request signing services.
Any written materials relating to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection in the City Office, 315 E. Acequia Visalia, CA 93291, during normal business hours.
APPEAL PROCEDURE
THE LAST DAY TO FILE AN APPEAL IS THURSDAY, JANUARY 19, 2023 BEFORE 5 PM
According to the City of Visalia Zoning Ordinance Section 17.02.145 and Subdivision Ordinance Section 16.04.040, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal form with applicable fees shall be filed with the City Clerk at 220 N. Santa Fe, Visalia, CA 93291. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.
THE NEXT REGULAR MEETING WILL BE HELD ON MONDAY, JANUARY 23, 2023
REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: January 9, 2023
PROJECT PLANNER: Kira Noguera, Senior Planner, QK, Inc.
Phone No.: (559) 713-4025
E-mail: [email protected]
SUBJECT: Conditional Use Permit No. 20 22-23: A request by Maracor Development 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. The project site is located on the south west corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051).
STAFF RECOMMENDATION
Staff recommends approval of Conditional Use Permit No. 2022-23, as conditioned, based upon the findings and conditions in Resolution No. 202 2-51. Staff’s recommendation is based on the conclusion that the request is consistent with the City General Plan, Housing Element, and Zoning Ordinance.
RECOMMENDED MOTION
I move to approve Conditional Use Permit No. 20 22-23 based on the findings and conditions in Resolution No. 2022-51.
PROJECT DESCRIPTION
The conditional use permit is a request to allow development of a 292-unit multi-family residential development in the R-M-2 zone (see Exhibit “A” and the Figure 1 below). The development will be located on the southwest corner of East K Avenue and South Ben Maddox Way on 10.8 acres.
The multi -family development
will be developed at a density of
27.04 units per acre. The density
proposed for this development is
allowed with a Density Bonus
according to state law . This is
discussed in greater detail under
the State Density Bonus
Concessions and Incentives
section below.
The multi-family development
consists of two- and three-story
buildings containing seven
building types with one, two, and three-bedroom units surrounded by on- site landscaping. The development will include a total of 578 parking stalls 2 92 covered parking stalls and 286 open parking stalls, 12 of which are accessible. Based on the total number of units, 511 parking stalls are required. The project will include a community center, tot lot, swimming pool, and dog park.
The multi -family development proposes a six -foot high wood fence along the west project boundary adjacent to an existing single- family development. An existing seven-foot high block wall will remain along the southern project boundary adjacent to existing single-family homes.
The circulation pattern within the proposed development is self -contained. Vehicular access to the development is located on East K Avenue and Ben Maddox Way . Vehicular access on Ben Maddox is restricted to “right-in/right-out” due to the median island in Ben Maddox. The project also supports expanding pedestrian circulation connectivity by providing pedestrian connections to adjacent street frontages.
This project includes the construction of sidewalks along East K Avenue and Ben Maddox Way, with landscaping frontage improvements . Other utility services including electricity, gas, phone/cable, and water will be extended on -site from existing services available in the project vicinity.
BACKGROUND INFORMATION
General Plan Land Use Des: Medium Density Residential
Zoning: R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per unit)
Zoning and Land Use: North: R-1-5 – East K Ave. – Briarwood Estates, Single Family Subdivision and
R-M-2 –Multi-Family Residential
South: R-1-5 – Maddox @ Caldwell, Single Family
Subdivision
East: R-M-2 – Ben Maddox Way – Brackenwood
Subdivision, Single Family Subdivision
West: R-1-5 –Reimer Subdivision, Single Family
Subdivision
Environmental Review: Notice of Exemption No. 2022-51
Special Districts: N/A
Site Plan: 2022-065
RELATED PLANS & POLICIES
See attachment pertaining to General Plan Policies and Municipal Code pertaining to Conditional Use Permits.
RELATED PROJECTS
There have been three previous proposals of multi-family housing developments on the site – in 1998, 2003, and 2017. The 2017 proposal expired before building permit applications were submitted.
The following is a listing of recently entitled apartment complexes within Visalia, some of which are under construction.
Conditional Use Permit No. 2014- 33 was approved by the Planning Commission on February 9, 2015, allowing for the development of a 168-unit multi-family apartment development on 12.89 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per unit) zone. The project site is located at the southwest corner of Houston Avenue and Woodland Street.
Conditional Use Permit No. 2017-08 was approved by the City Council on October 16, 2017, allowing for the development of a 200 unit apartment complex with a community building in the R- M-2 (Medium Density Residential) zone. The project site is located at the northeast corner of Shirk Street and Doe Avenue.
Conditional Use Permit No. 2020-02 was approved by the Planning Commission on October 26, 2020, allowing for the development of a 216 unit, three story apartment complex on 8.86 acres in the R -M-2 (Multi -Family Residential, one unit per 3,000 square feet) and R -M-3 (Multi -Family Residential, one unit per 1,20 0 square feet minimum site area per unit) zones. The project is located on the north side of East Shannon Parkway between North Court and North Santa Fe Streets (APN: 079-071-033).
Conditional Use Permit No. 2020-21 was approved by the Planning Commission on December 14, 2020, allowing for the development of a 219- unit, two -story gated multi -family residential development on 15.1 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone. The project site is located on the northeast and southeast corners of West Sedona Avenue and North Akers Street (APNs: 077-060-031 & 077-060-033).
Conditional Use Permit No. 2022 -09 was approved by the Planning Commission on June 27, 2022, allowing the development of a 234 unit, two - and three-story apartment complex on two parcels measuring 15.7 acres, which are zoned R -M-2 (Multi -Family Residential, one unit per 3,000 square feet). The project is located on the northeast corner of North Court Street and East Riggin Avenue. (Address not assigned) (APNs: 079-310-004 & 079-310-005).
PROJECT EVALUATION
Staff supports the requested C onditional Use Permit based on project consistency with the General Plan, Housing Element, and the Zoning Ordinance.
General Plan Consistency and Land Use Compatibility
Project compatibility with the City’s General Plan must be made as a finding for the conditional use permit entitlement. Multiple General Plan policies (LU -P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.
The proposed project will result in the creation of a new multi -family residential development consisting of 3 two-story buildings and 7 three-story buildings totaling 292 units. The three-story buildings are planned along the street frontages and interior of the project while the two -story buildings will be place along the back of the development closer to the neighboring single- family development to the south. The areas south, east, and west of the subject site are comprised of single-family residential development. T here is also single-family homes along with vacant property planned and zoned for multi-family to the north across East K Avenue.
The site plan (see Exhibit A) depicts that the row of multi-family buildings along the south side of the development, adjacent to single-family residential, will be two-story and a minimum of 68 feet from the east property line providing a t least 85 feet between the multi -family buildings and the nearest single-family residential homes to the south. The single-family home to the west of the site (shown on the site plan exhibit attached as Exhibit “A”) will also be a minimum of 85 feet away from the nearest multi-family building.
State Density Bonus Concessions and Incentives
The State Density Bonus Law ( California Government Code Section 65915 to 65918) creates incentives for developers to include affordable housing within their projects by granting increased density and other regulatory incentives known as concessions/incentives and waivers from development standards. Under Government Code Section 65915(f)(3)(D)(i) projects that provide 100% of the units as affordable for lower income residents are eligible for 80% additional density over the base density allowed under the Project site's zoning. Additionally, under Government Code Section 65915( d)(2)(D) projects that provide 100% of the units as affordable for lower income residents are eligible for up to four (4) concessions/incentives. Under the State Density Bonus Law, a concession/incentive is defined as a reduction in a develop ment standard (zoning or design requirements) that will result in an identifiable and actual cost reduction for affordable housing (Government Code Section 65915(k)(1).
The Project site has a base density of 162 residential units based on the site’s General Plan Land Use Designation of Medium Density Residential, which provides for development between 10 and 15 units per acre. The Project will provide 100% of the units as affordable for lower income residents and seeks additional density of 130 unit over the base density which represents an increase of 80% over the base density.
Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code ( Density Bonuses, Concessions and Other Incentives for Lower and Very Low -Income Households and for Senior Housing) implements SDB law for projects in Visalia. The ordinance requires findings that determine that the housing development project is eligible for the requested density bonus. These findings are included in the resolution for approval of the project.
Land Use Density
Staff concludes that the proposed development is consistent with the City’s General Plan as it pertains to density in the Residential Medium Density land use designation. The Residential Medium Density land use designation provides for a density range of 10 to 15 dwelling units per acre (reference General Plan Policy LU-P-56).
In accordance with the State Density Bonus Law, an increase of 80% over th e base density is permitted. The project will be developed with a total of 292 affordable housing units.
Housing Element
Several vacant sites designated by the City’s Land Use Element for Residential land uses are included as part of the City’s current Housing Element Sites Inventory and are intended to contribute towards meeting the City’s Regional Housing Needs Allocation (RHNA). This site is identified as a site in the City’s State-certified Housing Element intended to accommodate the varying income household categories at the underlying prescribed density . The Inventory has assigned 45 units in the Above Moderate Income category for the subject site based on the development density of the former Grove residential development that consisted of 53 single- family homes and 44 multi -family units. The proposed project exceeds the minimum inventory amount by 247 units. The proposed project is consistent with the underlying General Plan land use designation and the associated units will help fulfill the need of the lower income levels.
Although the project will not provide the 45 Above Moderate Income units allocated to the site, the Housing Element’s Sites Inventory identifies an overall surplus of 350 units for the income category, and therefore other identified sites are able to fulfill this need.
The City’s Housing Element support s efforts to establish higher -density, well -designed multi - family development. The quality of life in a community is closely tied to t he quality of its neighborhoods in both established and developing areas. The importance of housing and neighborhood quality is illustrated in numerous planning efforts where multi -family housing has been developed near single- family and other developments. Examples of this include the Shannon Way Apartments (Shannon Pkwy & Court), Cameron Crossing Apartments (Court & Cameron), and the Park Grove Apartments (Lovers Lane & Sunnyside). By encouraging “quality” multi-family developments that create a sense of place and include safe, well maintained communities, structures with a high degree of architectural appearance, and on-site amenities for residents, the City will continue to encourage development of a wide range of housing that fits the needs of the community.
Good Neighbor Policies and Management and Maintenance Standards The project is subject to the City’s Good Neighbor Policies (GNP’s) for multi -family residential development. The GNP’s are a set of management and maintenance requirements that address the common maintenance of buildings and grounds. The GNP’s prohibit the storage of boats, trailers, and recreational vehicles over one ton outside of carports, and require all buildings, mechanical equipment, and grounds to be maintained in good working order and in a neat and orderly fashion.
To ensure that these requirements are addressed and are consistent with the conditions placed on the subject multi -family project , staff recommends that management and maintenance conditions be maintained as a part of the conditional use permit. Among the recommend ed conditions is 24-hour availability for Visalia Police Department to Maintenance and/or Management staff. Maintenance and Management staff shall either be on- site or available by telephone at all times, with phone numbers to be provided to the Police Dep artment dispatch center.
Street Frontage Improvements
Right-of-way improvements shall comply with the city standards, including sidewalks, curbing, street lights, and landscaping along all frontages of this project site. These frontage improvements are required as a condition of the development , which are defined in the site plan review comments (Condition No. 1 of the Conditions of Project Approval).
Other utility services (electricity, gas, phone/cable, and water) will also be extended on-site from existing services available in the project vicinity.
Development Standards
The project represents a comprehensively planned multi-family residential development with extra detail given toward the interface with the adjacent single-family residential property. The proposed site plan illustrates that setbacks around the perimeter of the project as well as the overall height of the buildings meet or exceed the minimum required for R-M-2 sites as follows:
Required: Proposed:
Front (Ben Maddox Way) 15 feet 23 feet
Street Side (East K Avenue) 10 feet 15 feet
Rear (south & west sides) 25 feet 68 feet
Height of structures 3 stories or 35 feet, 3 stories (40 feet) whichever is greater
The project meets the required setbacks along the street frontages and complies with the 25-foot minimum rear setback, which abuts single family development on the south and west sides.
Building Elevations
Exhibits “B”, “C”, “D”, and “E” display the proposed typical building elevations for the multi-family development. The elevations depict cement plaster finish on the walls, stone veneer trim, arched entryways, and pitched tile roofs. Floor plans have been included for the apartment buildings as shown in Exhibit “F”.
Staff has included Condition of Approval No. 2, requiring that the building elevations and floor plans be developed consistent with those provided in Exhibits “B”, “C”, “D”, “E”, and “F”.
Correspondence
Staff has received three written correspondences regarding this project . Two correspondences provided state direct opposition to the project and cites the height of the buildings, number of units, and other factors. Another correspondence asks various questions pertaining to the project and its management, to which the City and applicant have provided a written response. Both correspondences are provided as Exhibit “N”.
In addition, t he applicant held a community meeting on December 15, 2022 at Annie Mitchell school and invited property owners who lived within a 300- foot radius of the project to introduce and hear matters on the project. A representative from Maracor Development, Inc. and the current property owner were in attendance along with several residents from the surrounding area.
Block Walls and Fences
Fences and walls surrounding this project site are outlined in Exhibit “H”. The project will construct a six-foot high wood fence along the west property line. A block wall along the south property line was constructed by the developer of the adjacent R-1-5 single family residential site.
Although fencing along the street frontages is not identified per Exhibit “H”, a decorative wrought iron fence not exceeding seven feet in height is permitted along the front and street side property lines or within the front yard and street side yard setback areas of multi -family uses. In addition, a post or pilaster consisting of masonry, brick, or other solid material not exceeding 18 inches square and seven feet tall may be used to support the wrought iron fence at a minimum distance of six feet between the posts or pilasters (Section 17.36.040 of the Zoning Ordinance).
Open Space and Recreation
The project includes a communi ty building with a pool and additional open space spread throughout the development . These spaces exceed the minimum five percent of usable open space and recreation area required in association with developments in an R-M zone designation.
Staff has included a condition that these amenities be installed as a part of the development and maintained in good working/accessible order.
Environmental Review
A Notice of Exemption was prepared for the conditional use permit. Notice of Exemption No. 2022- 51 disclosed that no additional enviro nmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project -specific effects that are peculiar to the project or the site. Staff therefore recommends that Notice of Exemption No. 2022-51 be adopted for this project.
RECOMMENDED FINDINGS
1. That the proposed project, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed CUP 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 is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the pr oposed development can be reviewed for consistency and compatibility with adjacent properties.
The proposed project will result in the creation of a new multi -family residential development consisting of 3 two- story buildings and 7 three- story buildings totaling 292 units. The three-story buildings are planned along the street frontages and interior of the project while the two- story buildings will be place d along the back of the development closer to the neighboring single- family development to the south. The areas south, east, and west of the subject site are comprised of single-family residential development. There are also single-family homes along with vacant property planned and zoned for multi-family to the north across East K Avenue.
The site plan (see Exhibit “A”) depicts that the row of multi-family buildings along the south side of the development, adjacent to single- family residential, will be two -story and a minimum of 68 feet from the east property line providing at least 85 feet between the multi- family buildings and the nearest single- family residential homes to the south. The single- family home to the west of the site will also be a minimum of 85 feet away from the nearest multi-family building.
b. The proposed location of the condi tional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity.
3. That the proposed housing development conforms with the provisions of state density bonus law and with Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code (Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing). Specifically, the project is consistent with the following requirements of state law:
a. The housing development provides the affordable units required by state density bonus law to be eligible for the density bonus requested.
b. The requested incentives will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
4. A Notice of Exemption was prepared for the conditional use permit. Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required. Staf f therefore recommends that Notice of Exemption No. 2022-51 be adopted for this project.
RECOMMENDED CONDITIONS OF APPROVAL
1. That the project be developed consistent with the comments and conditions of the Site Plan Review 2022-065.
2. That the development be prepared in substantial compliance with the site plan shown in Exhibit “A”, elevations shown in Exhibits “B”, “C”, “D”, “E”, “F”, “G”, “H”, and corresponding floor plans shown in Exhibit “I”.
3. That a six-foot high wood fence shall be installed along the west property line where existing fencing or block wall is not in place as depicted in Exhibit “K”. If the developer elects to install fencing along the Ben Maddox and K Avenue street frontages, then the developer shall install wrought iron fencing in compliance with Section 17.36.040.B of the Zoning Ordinance.
4. That the setbacks illustrated in Exhibit “A” shall be maintained as minimum setbacks.
5. That the community building be developed as depicted in Exhibit “J”.
6. That the development shall maintain the landscaping and fences/block walls along the street frontages, and within the site.
7. That the community building, pool, tot lot, and open space shall be installed as a part of the development and maintained in good working/accessible order.
8. That landscape and irrigation plans, prepared in accordance with the City of Visalia Model Water Efficient Landscape Ordinance (MWELO), shall be included in the construction document plans submitted for either grading or building construction permits . Prior to the project receiving final approved permits, a signed Certificate of Compliance stating that the project meets MWELO standards shall be submitted to the City.
9. That a valid will- serve letter for the providing of domestic water service be obtained for the development prior to development.
10. Provide street trees per the City’s Street Tree Ordinance.
11. That the developer/owner shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of Chapter 17.32 Article 2 Density Bonuses, Concessions and Other Incentives for Lower and Very Low -Income Households and for Senior Housing are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fifty -five (55) years or a longer period of time if required by the construction or mortgage financing assistance pro gram, mortgage insurance program, or rental subsidy program.
12. That the owner/operator(s) of all multiple family residential units shall be subject to the following conditions:
A. Maintenance and Operations
a. All development standards, City codes, and ordinances shall be continuously met for this apartment/residential complex . Buildings and premises, including paint/siding, roofs, windows, fences, parking lots, and landscaping shall be kept in good repair. Premises shall be kept free of junk, debris. b. Provide a regular program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and control infestation during the tenancy.
c. Where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premise in as good condition as it by law or rental agreement should have been at the commencement of tenant occupation.
d. Maintain all electrical, plumbing, heating, and other facilities in good working order.
e. Maintain all dwelling units in reasonably weather tight condition and good exterior appearance.
f. Remove graffiti within 24 hours of it having been observed. g. Recreation facilities shall be for tenant use only.
h. Provide 24 hour access for Visalia Police Depart ment to Maintenance and/or Management Staff. Maintenance and/or Management Staff shall be available by telephone or pager at all times, with phone numbers to be provided to the Police Department dispatch center and kept current at all times. i. Establish and conduct a regular program of routine maintenance for the apartment/residential complex. Such a program shall include, but not necessarily be limited to: regular inspections of common areas and scheduled re-paintings, re- plantings, and other similar activit ies that typically require attention at periodic intervals but not necessarily continuously. j. The name and phone number of the management company shall be posted in a prominent location at the front of the property.
B. Landscape Care and Maintenance
a. Automatic irrigation systems shall be maintained.
b. All plant materials (trees, shrubs, and groundcover) shall be maintained so that harm from physical damage or injury arising from vehicle damage, lack of water, chemical damage, insects, and other pests is minimized. c. It is the responsibility of the property owners to seek professional advice and spray and treat trees, shrubs, and groundcover for diseases which can be successfully controlled if such untreated diseases are capable of destroying an infected tree or other trees within a project.
d. Maintain decorative planting so as not to obstruct or diminish lighting level throughout the apartment/residential complex. Landscaping shall not obscure common areas.
C. Parking - The parking of inoperative vehicles on-site, and boats, trucks (one-ton capacity and over), trailers, and/or recreational vehicles in the apartment/residential complex is not allowed.
D. Tenant Agreement - The tenant agreement for the complex must contain the following:
a. Standards of aesthetics for renters in regard to the use and conditions of the areas of the units visible from the outside (patios, entryways). b. Hours when noise is not acceptable, based upon Community Noise Standards, additional standards may be applied within the apartment/residential complex.
c. Rules for use of open areas/recreational areas of the site in regard to drinking, congregating, or public nuisance activities.
d. Prohibition on inoperable vehicles on-site, and boats, trucks (one-ton capacity and over), trailers and/or recreational vehicles.
e. Standards of behavior for tenants that could lead to eviction. f. All tenants shall read and receive a copy of the Tenant Agreement.
13. That all applicable federal, state, regional, and city policies and ordinances be met.
APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission.
An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe Street, Visalia, CA 93292. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. 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. 2022-51
• Exhibit "A" – Site Plan
• Exhibit “B” – Exterior Elevation Plans (Building 2s-16A) • Exhibit “C” – Exterior Elevation Plans (Building 2s-18A) • Exhibit “D” – Exterior Elevation Plans (Building 3s-30B) • Exhibit “E” – Exterior Elevation Plans (Building 3s-30A) • Exhibit “F” – Exterior Elevation Plans (Building 2s-24A) • Exhibit “G” – Exterior Elevation Plans (Building 3s-36A) • Exhibit “H” – Exterior Elevation Plans (Building 3s-36B) • Exhibit “I” – Floor Plans (Binder of all Floor Plans) • Exhibit “J” – Community Building Elevations
• Exhibit “K” – Wall and Fence Exhibit
• Exhibit “L” – Operational Statement
• Exhibit “M” – Landscape Plan
• Exhibit “N” – Correspondence
• Notice of Exemption No. 2022-51
• Site Plan Review Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Photo
• Location Map
Related Plans & Policies
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:
General Plan Land Use & Transportation Policy:
LU-P-52 Facilitate high-quality building and site design for multi-family developments by updating development standards in the zoning ordinance and providing clear rules for development review and approval and by creating and adopting design guidelines to be used in the development review and approval process.
Characteristics of high-quality site and building design include connectivity to the public realm; compatibility with surrounding development; small-scale buildings with variation in architecture and massing; usable open space and recreation facilities; orientation to natural features; and solar orientation.
LU-P-56 Update the Zoning Ordinance to reflect the Medium Density Residential designation on the Land Use Diagram for development at 10 to 15 dwelling units per gross acre.
This designation can accommodate a mix of housing types including small-lot single family, townhouses, two- and four-plexes, and garden apartments, on infill lots or new development areas within walking distance of neighborhood nodes and corridors. Medium Density Residential development may also be permitted on corner lots in single-family zones and in infill areas where it can be made to be consistent with adjacent properties through the conditional use process.
Development standards will ensure that new development contributes positively to the larger community environment. Projects on sites larger than five acres or involving more than 60 units will require discretionary review.
LU-P-57 Update the Zoning Ordinance to reflect the High Density Residential designation on the Land Use Diagram for development at 15 to 35 dwelling units per gross acre, accommodating townhouses, two- and four-plexes, and multistory condominium and apartment buildings.
The designation is appropriate for some infill sites and new areas in close proximity to neighborhood centers and major transportation routes. High Density Residential development may also be permitted in infill areas where it can be made to be consistent with adjacent properties through the conditional use permit process. Development standards will ensure that new development contributes positively to the creation of neighborhood nodes or districts. Projects on sites larger than five acres or involving more than 60 units will require discretionary review.
T-P-41 Integrate the bicycle transportation system into new development and infill redevelopment.
Development shall provide short term bicycle parking and long term bicycle storage facilities, such as bicycle racks, stocks, and rental bicycle lockers. Development also shall provide safe and convenient bicycle and pedestrian access to high activity land uses such as schools, parks, shopping, employment, and entertainment centers.
Zoning Ordinance Section for R-M Zone
Chapter 17.16
R-M Multi-Family Residential Zone
17.16.010 Purpose and intent.
In the R-M multi-family residential zones, the purpose and intent is to provide living areas within the two multi- family residential zones (one medium density and one high density) with housing facilities where development is permitted with a relatively high concentration of dwelling units, and still preserve the desirable characteristics and amenities of a low density atmosphere.
17.16.015 Applicability.
The requirements in this chapter shall apply to all property within R-M zone districts.
17.16.020 Permitted uses.
In the R-M multi-family residential zones, the following uses are permitted by right:
A. Existing one-family dwellings;
B. Multi-family dwellings up to sixty (60) dwelling units per site in the R-M-2 zone and the R-M-3 zone; C. Fruit, vegetable and horticultural husbandry;
D. Swimming pools used only by residents 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, situated within an existing single-family dwelling;
G. Twenty-four (24) hour care facilities or foster homes for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provision 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. Adult day care for a maximum of twelve (12) individuals in addition to the residing family, situated within an existing single-family dwelling;
K. Other uses similar in nature and intensity as determined by the city planner.
L. Transitional or supportive housing for six (6) or fewer resident/clients.
M. Single-room occupancy (SRO), as follows:
1. Up to fifteen (15) units per gross acre in the R-M-2 zone district;
2. Up to twenty-nine (29) units per gross acre in the R-M-3 zone district.
17.16.030 Accessory uses.
In the R-M multi-family residential zone, accessory uses include:
A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.16.090B.
17.16.040 Conditional uses.
In the R-M multi-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:
A. 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; B. Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent homes; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
C. 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 and other public buildings, structures and facilities; public playgrounds, parks and community centers; D. In the R-M-3 zone only, an open air public or private parking lot, subject to all provisions of Section
17.34.030, excluding trucks over 3/4 ton;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations and/or elevated or underground tanks; H. Communication equipment buildings;
I. In R-M-2 zone only, mobile home parks;
J. More than sixty (60) units per site in the R-M-2 zone, and within the R-M-3 zone; K. Boarding houses and residential motels;
L. [Reserved]
M. Senior citizen residential developments;
N. Adult day care in excess of twelve (12) individuals; O. Planned developments may utilize the provisions of Chapter 17.26; P. New one-family dwelling, meeting density identified in the general plan land use element designations; Q. Other uses similar in nature and intensity as determined by the city planner; R. 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 chapter and in which the private streets are designed and constructed to meet or exceed public street standards.
S. Transitional or supportive housing for seven (7) or more resident/clients.
17.16.050 Site area and configuration.
A. The division of (R-M) multi-family residential property less than two (2) acres shall be approved as part of a conditional use permit.
17.16.060 Site area per dwelling unit and per structure.
The minimum site area per dwelling unit shall be three thousand (3,000) square feet in the R-M-2 zone and one thousand two hundred (1,200) square feet in the R-M-3 zone.
17.16.070 Front yard.
A. The minimum front yard shall be as follows:
Zone Minimum Front Yard
R-M-2 15 feet
R-M-3 15 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. All garage doors facing the front property line shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.
17.16.080 Side yards.
A. The minimum side yard for a permitted or conditional use shall be five feet per story subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet.
B. Side yard providing access to more than one dwelling unit shall be not less than ten feet.
C. On corner lots, all garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.
17.16.090 Rear yard.
The minimum rear yard for a permitted use shall be fifteen (15) feet in the R-M-3 zone and twenty-five (25) feet in the R-M-2 zone, subject to the following exceptions:
A. On a corner or reverse corner lot in R-M-2 zone 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.
B. Accessory structures not exceeding twelve (12) feet in height may be located in the required rear yard, but not closer than three feet to any lot line; provided, that on a reversed corner lot an accessory structure shall be located not closer to the rear property line than the required side yard on the adjoining key lot and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot. In placing accessory structures in a required rear yard a usable, open, rear yard area of at least one thousand two hundred (1,200) square feet shall be maintained.
C. Exceptions to the rear yard setback can be granted for multiple family units that have their rear yard abutting an alley. The exception may be granted if the rear yard area is to be used for parking.
17.16.100 Height of structures.
The maximum height of structures shall be thirty-five (35) feet or three (3) stories whichever is taller in the R-M-2 zone. The maximum height shall be thirty-five (35) feet or three (3) stories whichever is taller in the R-M-3 zone.
Where an R-M-2 or R-M-3 site adjoins an R-1 site, the second and third story shall be designed to limit visibility from the second and third story to the R-1 site. Structures specified under Section 17.16.090(B) shall be exempt.
17.16.110 Off-street parking.
Off-street parking shall be subject to the provisions of Chapter 17.34.
17.16.120 Fences, walls and hedges.
Fences, walls and hedges shall be subject to the provisions of Section 17.36.040.
17.16.130 Trash enclosures.
Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section
17.32.010 and that are approved by the site plan review committee. Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exists on the property.
17.16.140 Site plan review.
A site plan review permit must be obtained for all developments other than a single-family residence in R-M zones, subject to the requirements and procedures of Chapter 17.28.
17.16.150 Open space and recreational areas.
Any multiple family project approved under a conditional use permit or site plan review permit shall dedicate at least five (5) percent of the site to open, common, usable space and/or recreational facilities for use by tenants as a part of that plan. The calculated space shall not include setback areas adjacent to a street. Shared open space could include parks, playgrounds, sports courts, swimming pools, gardens, and covered patios or gazebos open on at least three (3) sides. Further, the calculated space shall not include enclosed meeting or community rooms. The specific size, location and use shall be approved as a part of the conditional use permit.
17.16.160 Screening.
All parking areas adjacent to public streets and R-1 sites shall be screened from view subject to the requirements and procedures of Chapter 17.28.
17.16.170 Screening fence.
Where a multiple family site adjoins an R-1 site, a screening block wall or wood fence not less than six feet in height shall be located along the property line; except in a required front yard, or the street side of a corner lot and suitably maintained.
17.16.180 Landscaping.
All multiple family developments shall have landscaping including plants, and ground cover to be consistent with surrounding landscaping in the vicinity. Landscape plans to be approved by city staff prior to installation and occupancy of use and such landscaping to be permanently maintained.
17.16.190 Model Good Neighbor Policies.
Before issuance of building permits, project proponents of multi-family residential developments in the R-M zones that are subject to approval by the Site Plan Review Committee or the Planning Commission, shall enter into an operational management plan (Plan), in a form approved by the City for the long term maintenance and management of the development. The Plan shall include but not be limited to: The maintenance of landscaping for the associated properties; the maintenance of private drives and open space parking; the maintenance of the fences, on-site lighting and other improvements that are not along the public street frontages; enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property; and, enforcing all provisions of the model Good Neighbor Policies as specified by Resolution of the Planning Commission, and as may be amended by resolution.
17.16.200 Signs.
Signs shall be placed in conformance with Chapter 17.48.
Chapter 17.38
Conditional Use Permits
17.38.010 Purposes and powers.
In certain zones conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes and thus give the zone use regulations the flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permits.
17.38.020 Application procedures.
A. Application for a conditional use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address and legal description of the property;
4. The application shall be accompanied by such sketches or drawings as may be necessary by the planning division to clearly show the applicant's proposal;
5. The purposes of the conditional use permit and the general description of the use proposed;
6. Additional information as required by the historic preservation advisory committee.
7. Additional technical studies or reports, as required by the Site Plan Review Committee.
8. A traffic study or analysis prepared by a certified traffic engineer, as required by the Site Plan Review Committee or Traffic Engineer, that identifies traffic service levels of surrounding arterials, collectors, access roads, and regionally significant roadways impacted by the project and any required improvements to be included as a condition or mitigation measure of the project in order to maintain the required services levels identified in the General Plan Circulation Element.
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.
17.38.030 Lapse of conditional use permit.
A conditional use permit shall lapse and shall become void twenty-four (24) months after the date on which it became effective, unless the conditions of the permit allowed a shorter or greater time limit, or unless prior to the expiration of twenty-four (24) months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site that was the subject of the permit. A permit may be renewed for an additional period of one year; provided, that prior to the expiration of twenty-four (24) months from the date the permit originally became effective, an application for renewal is filed with the planning commission. The commission may grant or deny an application for renewal of a conditional use permit. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section.
17.38.040 Revocation.
Upon violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The planning commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to insure compliance with the regulation, general provision or condition. Appeals of the decision of the planning commission may be made to the city council as provided in Section 17.38.120.
17.38.050 New application.
Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council.
17.38.060 Conditional use permit to run with the land.
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit application subject to the provisions of Section 17.38.065.
17.38.065 Abandonment of conditional use permit.
If the use for which a conditional use permit was approved is discontinued for a period of one hundred eighty (180) days, the use shall be considered abandoned and any future use of the site as a conditional use will require the approval of a new conditional use permit.
17.38.070 Temporary uses or structures.
A. Conditional use permits for temporary uses or structures may be processed as administrative matters by the city planner and/or planning division staff. However, the city planner may, at his/her discretion, refer such application to the planning commission for consideration.
B. The city planner and/or planning division staff is authorized to review applications and to issue such temporary permits, subject to the following conditions:
1. Conditional use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six months for all other uses or structures.
2. Ingress and egress shall be limited to that designated by the planning division. Appropriate directional signing, barricades, fences or landscaping shall be provided where required. A security officer may be required for promotional events.
3. Off-street parking facilities shall be provided on the site of each temporary use as prescribed in Section
17.34.020.
4. Upon termination of the temporary permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition.
5. Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the city planner and planning division staff.
6. Applicants for a temporary conditional use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.
7. Signing for temporary uses shall be subject to the approval of the city planner.
8. Notwithstanding underlying zoning, temporary conditional use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. In reviewing applications for such stands, issues of traffic safety and land use compatibility shall be evaluated and mitigation measures and conditions may be imposed to ensure that the stands are built and are operated consistent with appropriate construction standards, vehicular access and off-street parking. All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.
9. Fruit/Vegetable stands shall be subject to site plan review.
C. The City Planner shall deny a temporary use permit if findings cannot be made, or conditions exist that would be injurious to existing site, improvements, land uses, surrounding development or would be detrimental to the surrounding area.
D. The applicant or any interested person may appeal a decision of temporary use permit 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 with applicable fees, 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 commission shall review the temporary use permit and shall uphold or revise the decision of the temporary use permit, based on the findings set forth in Section 17.38.110. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145.
E. A privately owned parcel may be granted up to six (6) temporary use permits per calendar year.
17.38.080 Public hearing--Notice.
A. The planning commission shall hold at least one public hearing on each application for a conditional use permit.
B. Notice of the public hearing shall be given not less than ten days nor 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, and by publication in a newspaper of general circulation within the city.
17.38.090 Investigation and report.
The planning staff shall make an investigation of the application and shall prepare a report thereon that shall be submitted to the planning commission. The report can recommend modifications to the application as a condition of approval.
17.38.100 Public hearing--Procedure.
At the public hearing the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section
17.38.110. The planning commission may continue a public hearing from time to time as it deems necessary.
17.38.110 Action by planning commission.
A. The planning commission may grant an application for a conditional use permit as requested or in modified form, if, on the basis of the application and the evidence submitted, the commission makes the following findings:
1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the zone in which the site is located;
2. That 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.
B. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may grant conditional approval for a permit subject to the effective date of a change of zone or other ordinance amendment.
C. The commission may deny an application for a conditional use permit.
17.38.120 Appeal to city council.
The decision of the City planning commission on a conditional use permit shall be subject to the appeal provisions of section 17.02.145.
17.38.130 Effective date of conditional use permit.
A conditional use permit shall become effective immediately when granted or affirmed by the council, or ten days following the granting of the conditional use permit by the planning commission if no appeal has been filed.
Article 2. Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing.
17.32.170 Purpose.
The California Legislature has determined that the provision of housing for lower and very low income individuals and senior citizens is of primary importance in the state and must be encouraged at the local level. It is the purpose of this chapter to specify how compliance with Government Code Section 65915 et seq. ("state density bonus law") will be implemented, as required by Government Code Section 65915, subdivision (a). In enacting this chapter, the City of Visalia's intent is to facilitate the development of affordable housing, to implement the goals, policies, and actions of the housing element of the city's general plan and provide a framework as it relates to implementing affordable housing density bonuses and offering concessions/incentives for eligible housing developments.
17.32.175 Definitions.
The definitions found in state density bonus law shall apply to the terms contained in this chapter.
17.32.180 Applicability.
A. A housing development as defined in state density bonus law shall be eligible for a density bonus and other regulatory incentives that are provided by state density bonus law when the applicant seeks and agrees to provide very low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in state density bonus law. A housing development includes only the residential component of a mixed-use project. A commercial development, as that term is defined in Section 17.32.220, shall be eligible for a commercial development bonus as provided in Section 17.32.220.
B. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.
17.32.185 Application requirements.
A. Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by state density bonus law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.
B. The density bonus report shall include the following minimum information:
1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units. c. The zoning and general plan designations and assessor's parcel number(s) of the housing development site. d. Calculation of the maximum number of dwelling units permitted by the city's zoning regulations and general plan for the housing development, excluding any density bonus units. e. A description of all dwelling units existing on the site in the five (5)-year period preceding the date of submittal of the application and identification of any units rented in the five (5)-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five (5)-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
f. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five (5)-year period preceding the date of submittal of the application.
g. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.
2. Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
a. The city's usual development standard and the requested development standard or regulatory incentive.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.
3. Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:
a. The city's usual development standard and the requested development standard. b. Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.
4. Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.
5. Child Care Facility. If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.
6. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.
7. Commercial Development Bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 17.32.220, and reasonable documentation that each of the standards included in Subsection 17.32.220(C) has been met.
8. Fee. Payment of any fee in an amount set by resolution of the city council for staff time necessary to determine compliance of the density bonus plan with state density bonus law.
17.32.190 Density bonus.
All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.
A. If a housing development qualifies for a density bonus under more than one (1) income category, or additionally as a senior citizen housing development as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.
B. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.
C. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under state density bonus law.
17.32.195 Incentives.
A. Incentives include incentives and concessions as defined in state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.
B. Nothing in this chapter requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.
17.32.200 Review procedures.
All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by California Government Code Section 65950 et seq., with right of appeal to the city council.
A. Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s) for a Housing Development.
To ensure that an application for a housing development conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state, or the city planner shall make a determination if it is within their authority to approve the development, whether the application conforms to the following requirements of state law as applicable:
1. The housing development provides the affordable units or senior housing required by state density bonus law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low and low income households as required by California Government Code Section 65915, subdivision (c)(3).
2. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2).
3. The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.
4. The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p).
5. If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met.
6. If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5 have been met.
B. If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding, or the city planner shall make a finding if it is within their authority to approve the development, that the development complies with all of the requirements of Subsection 17.32.220(C), that the city has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer.
C. The decision-making body, or the city planner if it is within their authority to approve the development, shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053;
2. The proposed incentive would be contrary to state or federal law; or
3. The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
D. The decision-making body, or the city planner if it is within their authority to approve the development, shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed waiver would be contrary to state or federal law; or
2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
3. The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
E. If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to Section 17.32.205.
17.32.205 Affordable housing agreement and senior housing agreement.
A. Affordable Housing Agreement. Except where a density bonus, incentive, waiver, parking reduction, or commercial development bonus is provided for a market rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this chapter are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market rate units.
B. Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a market rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.
C. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.
D. The affordable housing agreement shall include, but not be limited to, the following:
1. The number of density bonus dwelling units granted;
2. The number and type of affordable dwelling units
3. The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
4. The proposed location of the affordable dwelling units;
5. Schedule for production of affordable dwelling units;
6. Incentives or concessions or waivers provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of the affordable units;
8. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units
9. Marketing plan; publication and notification of availability of affordable units;
10. Compliance with federal and state laws;
11. Prohibition against discrimination;
12. Indemnification;
13. City's right to inspect units and documents;
14. Remedies;
15. Attorney(s) fees provision.
17.32.210 Design and quality.
A. The city may not issue building permits for more than fifty percent (50%) of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent (50%) of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.
B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.
C. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units.
Resolution No. 2022-51
RESOLUTION NO. 2022-51
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2022-23, A REQUEST BY MARACOR DEVELOPMENT TO DEVELOP 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. THE
SITE IS LOCATED AT THE SOUTHWEST CORNER OF K AVENUE AND BEN MADDOX WAY (APNS: 126-750-050 & 126-750-051).
WHEREAS, Conditional Use Permit No. 2022-23 is a request by Maracor Development to develop 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. The project site is located on t he southwest corner of K Avenue and Ben Maddox Way (APNs: 126- 750-050 & 126-750-051); and
WHEREAS, the Planning Commission of the City of Visalia, after dul y published notice did hold a public hearing before said Commission on January 9, 2023; and
WHEREAS, the Planning Commission of the City of Visalia finds the Conditional Use Permit to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained i n the staff report and testimony presented at the public hearing; and
WHEREAS, a Notice of Exemption was prepared for the conditional use permit.
Notice of Exemption No. 2022- 51 disclosed that no additional environmental review is required, and that the Environmental Impact Report prepared for the City of Visalia General Plan, ce rtified 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; and
NOW, THEREFORE, BE I T RESOLVED that Notice of Exemption No. 2022- 51 was pr epared consistent with the California Environmental Quality Act and C ity of Visalia Environmental Guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of V isalia makes the following specific find ings based on the evidence presented:
1. That the proposed project, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed CUP is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the pr oject is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in ac cordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies (LU -P-52 and LU-P-56) identify the implementation of devel opment standards to ensure that new multi -family residential development will contribute to positive land use compatibility. The size Resolution No. 2022-51
of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.
The proposed project will result in the creation of a new multi -family residential development consisting of 3 two-story buildings and 7 three- story buildings totaling 292 units. The three- story buildings are planned along the street frontages and interior of the project while the two- story buildings will be place along the back of the development closer to the neighboring single- family development to the south. The areas south, east, and west of the subject site are comprised of single- family residential development. There is also single-family homes along with vacant property planned and zoned for multi -family to the north across East K Avenue.
The site plan (see Exhibit A) depicts that the row of multi -family buildings along the south side of the development, adjacent to single- family residential, will be two-story and a minimum of 68 feet from the east property line providing at least 85 feet between the multi -family buildings and the nearest single- family residential homes to the south. The singl e-family home to the west of the site will also be a minimum of 85 feet away from the nearest multi-family building. b. The proposed location of the condit ional use and the conditions under which it would be operated or maintained will not be detrimental to the public h ealth, safety, or welfare, or mat erially in jurious to properties or improvements in the vicinity.
3. That the proposed housing development conforms with the provisions of state density bonus law and with Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code ( Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing). Specifically, the project is consistent with the following requirements of state law:
a. The housing development provides the affor dable units required by state density bonus law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested.
b. The requested incentives will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
BE IT FURTHER RESOLVED that the Planning Commission hereby appr oves the Conditional Use Permit on the real property here described in accordance with the terms of th is resolution under the provisions of S ection 17.38.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:
1. That the project be developed con sistent with the comments and conditio ns of the Site Plan Review 2022-065.
2. That the development be prepared in substantial compliance with the site plan shown in Exhibit “A”, elevations shown in Exhibits “B”, “C”, “D”, “E”, “F”, “G”, “H”, and corresponding floor plans shown in Exhibit “I”.
3. That a six-foot high wood fence shall be installed along the west property line where existing fencing or block wall is not in place as depicted in Exhibit “K”. If the developer elects to install fencing along the Ben Maddox and K Avenue street frontages, then the developer shall install wrought iron fencing in compliance with Section 17.36.040.B of the Zoning Ordinance.
Resolution No. 2022-51
4. That the setbacks illustrated in Exhibit “A” shall be maintained.
5. That the community building be developed as depicted in Exhibit “J”.
6. That the development shall maintain the landscaping and fences/block walls along the street frontages, and within the site.
7. That the community building, pool, tot lot, and open space shall be installed as a part of the development and maintained in good working/accessible order.
8. That landscape and irrigation plans, prepared in accordance with the City of Visalia Model Water Efficient Landscape Or dinance (MWELO), shall be included i n the construction document plans submitted for either grading or building construc tion permits. Prior to the project receiving final approved permits, a signed Certificate of Compliance stating that the project meets MW ELO standards shall be submitted to the City.
9. That a valid will- serve letter for the providing of domestic water servic e be obtained for the development prior to development.
10. Provide street trees per the City’s Street Tree Ordinance.
11. That the developer/owner shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be execu ted by the city manager, to ensure that the requirements of Chapter 17.32 Article 2 Density Bonuses, Concessions and Other Incentives for Lower and Very Low -Income Households and for Senior Housing are satisfied. The affordable housing agreement shall guar antee the affordability of the affordable units for a minimum of fifty -five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
12. That the owner/operato r(s) of all multiple family resident ial units shall be subject to the following conditions:
A. Maintenance and Operations
a. All development standards, City codes, and ordinances shall be continuously met for this apartment/residential complex . Buildings and premises, including paint/siding, roof s, windows, fences, parking lots, and landscaping shall be kept in good repair. Pre mises shall be kept free of junk, debris.
b. Provide a regular program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and control infestation during the tenancy.
c. Where the condition is attributable to norm al wear and tear, make repairs and arrangements necessary to put and keep the premise in as good condition as it by law or rental agree ment should have been at the commencement of tenant occupation.
d. Maintain all electrical, plumbing, heating, and other fac ilities in good working order.
e. Maintain all dwelling units in reasonably weather tight condition and good exterior appearance.
f. Remove graffiti within 24 hours of it having been observed. g. Recreation facilities shall be for tenant use only.
Resolution No. 2022-51
h. Provide 24 hour access for Visalia Police Department to Maintenance and/or Management Staff. Maintenance and/or Management Staff shall be available by t elephone or pager at all times, with p hone numbers to be provided to the Police Department dispatch center and kept current at all times.
i. Establish and conduct a regular program of routine maintenance for the apartment/residential complex. Such a program shall include, but not necessarily be l imited to: regular inspections of common areas and scheduled re- paintings, re- plantings, and other similar activities that typically require attention at periodic intervals but not necessarily continuously.
j. The name and phone number of the management compan y shall be posted in a prominent location at the front of the property.
B. Landscape Care and Maintenance
a. Automatic irrigation systems shall be maintained.
b. All plant materials (trees, shrubs, and groundcover) shal l be maintained so that harm from physical da mage or injury arising from vehicle damage, lack of water, chemical damage, insects , and other pests is minimized.
c. It is the responsibility of the property owners to seek professional advice and spray and treat trees, shrubs, and groundcover for diseases w hich can be successfully controlled if such untreated diseases are capable of destr oying an infected tree or other trees within a project.
d. Maintain decorative planting so as not to obstruct or diminish lighting level throughout the apartment/residential com plex. Landscaping shall not obscure common areas.
C. Parking - The parking of inoperative vehicles on-site, and boats, trucks (one-ton capacity and over), trailers, and/or recreational vehicles in the apartment/residential complex is not allowed.
D. Tenant Agreement - The tenant agreement for the complex must contain the following:
a. Standards of aesthetics for renters in regard to the use and conditions of the areas of the units visible from the outside (patios, entryways).
b. Hours when noise is not acceptable, bas ed upon Community Noise Standards, additional standards may be applied within the apartment/residential complex.
c. Rules for use of open areas/recreational areas of the site in regard to drinking, congregating, or public nuisance activities.
d. Prohibition on inoperable vehicles on-site, and boats, trucks (one- ton capacity and over), trailers and/or recreational vehicles. e. Standards of behavior for tenants that could lead to eviction. f. All tenants shall read and receive a copy of the Tenant Agreement.
13. That all applicable federal, state, regional, and city policies and ordinances be met.
Exhibit A
Site Plan
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
PROJECT DATA
A0
Exhibit B
Exterior Elevation Plans (Building 2s-16A)
(REVERSE)
UNIT 2B
148'-2"
67'-2"
(STANDARD)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 2B
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 BUILDING TYPE 2S-16A - 16 UNIT BUILDING
A4
0 2' 4' 6' 8' 16'
BUILDING TYPE 2s-16A (16 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
30'-0"
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 2S-16A - ROOF PLAN & SECTION
A7
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit C
Exterior Elevation Plans (Building 2s-18A)
(STANDARD)
UNIT 2A
101'-2 1/2"
106'-6 1/2"
(STANDARD)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 (REVERSE)
UNIT 2A
(STANDARD)
UNIT 3A
41'-11"
143'-1 1/2"
67'-0 1/2" 38'-9"
BUILDING TYPE 2S-18A - 18 UNIT BUILDING
A8
0 2' 4' 6' 8' 16'
BUILDING TYPE 2s-18A (18 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
30'-0"
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 2S-18A - ROOF PLAN & SECTION
A11
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit D
Exterior Elevation Plans (Building 3s-30B)
(REVERSE)
UNIT 2B
189'-6"
67'-3 1/2"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 (STANDARD)
UNIT 2A
(REVERSE)
UNIT 2A
BUILDING TYPE 3S-30B - 30 UNIT BUILDING
A12
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-30B (30 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"
THIRD FLOOR
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-30B - ROOF PLAN & SECTION
A15
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit E
Exterior Elevation Plans (Building 3s-30A)
(REVERSE)
UNIT 2B
172'-11"
67'-2"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 (STANDARD)
UNIT 1
(STANDARD)
UNIT 2B
BUILDING TYPE 3S-30A - 30 UNIT BUILDING
A16
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-30A (30 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"
THIRD FLOOR
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-30A - ROOF PLAN & SECTION
A19
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit F
Exterior Elevation Plans (Building 2s-24A)
(REVERSE)
UNIT 2B
214'-4 1/4"
67'-3 1/2"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 (REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 2A
BUILDING TYPE 2S-24A - 24 UNIT BUILDING
A20
0 2' 4' 6' 8' 16'
BUILDING TYPE 2s-24A (24 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
30'-0"
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 2S-24A - ROOF PLAN & SECTION
A23
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit G
Exterior Elevation Plans (Building 3s-36A)
(REVERSE)
UNIT 2B
214'-4 1/4"
67'-3 1/2"
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 (REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(STANDARD)
UNIT 2A
(STANDARD)
UNIT 3
BUILDING TYPE 3S-36A - 36 UNIT BUILDING
A24
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-36A (36 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"
THIRD FLOOR
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-36A - ROOF PLAN & SECTION
A27
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit H
Exterior Elevation Plans (Building 3s-36B)
(REVERSE)
UNIT 2B
225'-7 1/2"
67'-3 1/2"
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3
12.84 (REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(STANDARD)
UNIT 2A
(STANDARD)
UNIT 2A
(REVERSE)
UNIT 2A
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 3
BUILDING TYPE 3S-36B - 36 UNIT BUILDING
A28
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-36B (36 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
3.5/12 ROOF PITCH, TYP.
COMPOSITION ROOFING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
BEDROOM 2
KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"
THIRD FLOOR
SECOND FLOOR
FIRST FLOOR
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-36B - ROOF PLAN & SECTION
A31
0 2' 4' 6' 8' 16'
ROOF PLAN
TYPICAL SECTION
Exhibit I
Floor Plans (Binder of all Floor Plans)
30'-7"
24'-8"
23'-7"
3'-3"
8'-0"
10'-0"
27'-4"
KIT./
DINING
DECK
LIVING
BEDROOM
10'-2"x12'-7"
BATH
W/D
WH
UNIT 1 FLOOR PLAN
A1
0 1' 2' 3' 4' 8'
UNIT 1 SQUARE FOOTAGE
NET LIVING
GROSS LIVING
564 SQ. FT.
600 SQ. FT.
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
FLOOR PLAN - UNIT 1
36'-4"
32'-0"
KIT./
DINING
DECK
LIVING
BATH 1
W/D
WIC
WH
19'-0"
6'-5"
22'-1"3'-5"
BEDROOM 2
10'-3" x 12'-5"
BEDROOM 1
11'-10"x14'-0"
KIT./
DINING
30'-7"
LIVING
BEDROOM 2
10'-3" x 11'-7"
BATH 1 W/D
BEDROOM 1
11'-10"x14'-6"
WIC
WH
24'-0 1/2"
7'-5"
36'-0"
23'-2"
DECK
UNIT 2 FLOOR PLAN
A2
0 1' 2' 3' 4' 8'
FLOOR PLAN - UNIT 2A
UNIT 2B SQUARE FOOTAGE
NET LIVING
GROSS LIVING
FIRST FLOOR DECK
SECOND FLOOR DECK
THIRD FLOOR DECK
SPACE
814 SQ. FT.
860 SQ. FT.
120 SQ. FT.
120 SQ. FT.
78 SQ. FT.
115 SQ. FT.
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
FLOOR PLAN - UNIT 2B
UNIT 2A SQUARE FOOTAGE
NET LIVING
GRORSS LIVING
FIRST FLOOR DECK
SECOND FLOOR DECK
THIRD FLOOR DECK
810 SQ. FT.
848 SQ. FT.
143 SQ. FT.
143 SQ. FT.
82 SQ. FT.
KIT./
DINING
DECK
33'-3 1/2"
41'-5"
LIVING
BEDROOM 3
11'-6"x10'-4"
BATH 2BATH 1
W/D
BEDROOM 1
11'-6"x13'-1"
WH
BEDROOM 2
11'-6"x10'-4"
20'-2" 9'-3 1/2"
29'-3 1/2"
KIT./
DINING
DECK
33'-3 1/2"
41'-5"
LIVING
BEDROOM 3
11'-6"x10'-4"
BATH 2BATH 1
W/D
BEDROOM 1
11'-6"x13'-1"
WH
BEDROOM 2
11'-6"x10'-4"
20'-2" 9'-3 1/2"
29'-3 1/2"
UNIT 3 FLOOR PLAN
A3
0 1' 2' 3' 4' 8'
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
UNIT 3 SQUARE FOOTAGE
NET LIVING
GROSS LIVING
FIRST FLOOR DECK
SECOND FLOOR DECK
THIRD FLOOR DECK
1065 SQ. FT.
1118 SQ. FT.
160 SQ. FT.
160 SQ. FT.
146 SQ. FT.
FLOOR PLAN - UNIT 3 FLOOR PLAN - UNIT 3A
UNIT 3A SQUARE FOOTAGE
NET LIVING
GROSS LIVING
1065 SQ. FT.
1118 SQ. FT.
EXERCISE ROOM
ELEC.
MANAGER
OFFICE 1 ENTRY/
LOBBY
LOGGIA
COMMUNITY
ROOM
KITCHEN
STORAGE
MEN
WOMEN WORK FROM HOME
WORKSTATIONSJANITOR
CLOSET
MANAGER
OFFICE 2
LAUNDRY
ENTRY
70'-2"
76'-4"
CLUBHOUSE PLAN
A32
0 2' 4' 6' 8' 16'
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
FLOOR PLAN
CLUBHOUSE BUILDING
SQUARE FOOTAGE
FIRST FLOOR 3508 SQ. FT.
Exhibit J
Community Building Elevations
346.018
TPC BRACKENWOOD
Visalia, CA
October 21, 2022
CARPORT EXHIBIT
A34
CARPORT TYPICAL DETAIL
CARPORT EXAMPLE PHOTO
Exhibit K
Wall and Fence Exhibit
Exhibit L
Operational Statement
No. of Density Bonus Proposed Total No. of Total Density PROJECT Zoning GP No. of Units Income Level Units Proposed Bonus % Units Proposed Acres Units/Acre Ben Maddox Way Apts 29 30% AMI 29
58 50% AMI 58
130 60% AMI 130
72 80% AMI 72
3 Unrestricted 3
Totals 162 292 130 80% 292 10.8 27.04
Max No. of Units Permited Proposed AffordUnits
PROJECT UNIT TYPE PARKING STALLS REQUIRED/UNIT TYPE PER SBD PROJECT UNIT TOTALS PARKING STALLS REQUIRED/UNIT PER SBD PARKING STALLS PROVIDED 1 BED 1 136 136
Ben Maddox Apts 2 BED 1.5 80 120
3 BED 1.5 76 114
Totals 292 370 578
Exhibit M
Landscape Plan
Exhibit N
Correspondence
From: Nancy Andrews
To: Planning
Subject: Opposes to the development at K Ave. and Ben Maddox Date: Monday, January 2, 2023 11:45:28 AM
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I am writing to voice my opposition to the project for the following reasons. * There is no other 3 story multi-family structure on such a large scale anywhere else in Visalia that is surrounded by single
family homes. I don't feel you would attempt this project on the southwest side of town because you'd get too much flak from
existing taxpayers but we are taxpayers too.
* Way to densely populated for the area. Propose 292 apartments on 10.8 acres times 3 people per apt. equals 876 people.
Currently the same 10.8 acres space has 46 single family homes times 4 people per apt. equals184 people. You have put an
additional 682 people in the same space.
* Affordable housing that is government subsidized equals low-income housing. Let's call it what it is.
* That many more people (692) packed into the same 10.8 acres with low income means more cars, more animals, more CRIME
* High impact on Annie Mitchel School
P.S. It looks like you are trying to move Ambler down the street. The north side will follow.
Concerned taxpayers,
Richard and Nancy Andrews
From: Brandon Smith
To: kris wassermann
Cc: Paul Bernal; Leslie Caviglia; Michelle Nicholson
Bcc: Chris Hawke
Subject: RE: Email from Website
Date: Thursday, January 5, 2023 2:53:00 PM
Good afternoon Kris,
The City of Visalia can answer Questions #2, 6, 10, and 11 based on the application and project materials that have been provided to us from the applicant. These answers are in black bold font.
For the balance of the questions that pertain closer to the property management side of the project, we have asked the project applicant to respond to the questions as they are the more appropriate party to address these questions. These answers are in red bold font.
In addition, please note that all new multi-family residential developments are subject to a set of “model good neighbor policies” that address many of your maintenance questions below. Policies are included as a recommended condition of approval, and can be enforced upon the property owner through the City’s Code Enforcement Division.
Following are responses to your questions:
1. I would like to know how this property will be managed and by whom? Will the management company be local or out of the area? Will the Town of Visalia have any oversight powers of compliance should the management be less than satisfactory? Who do neighbors go to if there are problems? I was told during the meeting at Annie Mitchell School that there would be three sets of managers for the complex and is this still the case? ConAm management will be the onsite manager and will have at least three full time managers and likely as many maintenance managers. If there is an issue we would welcome them to reach out to the management company or owners to resolve, the Town is also welcome to reach out to find resolution because we want to be good neighbors.
2. Will the developers be erecting a large 6 foot wall to run around the perimeter of the complex to prevent people jumping over into backyards and throwing garbage over? The applicants will be utilizing the existing 6’ block wall separating properties on Mesa Court and the subject site. No new wall will be installed. The existing wall meets the City standards wherein a screening block wall or wood fence not less than six feet in height is maintained along property lines except along the street frontages.
3. Will the access to the complex be subject to gate coded entry to prevent unwanted thieves, vandals, or general riff-raff? This project will not be gated but our onsite managers will be available to address any problems and if necessary report to the police immediately. Also see response to Q.4 below.
4. Will there be multiple security cameras around the complex and recorded monitoring that can be retrieved if needed? We will have cameras throughout the property, which are recorded and in some circumstances if local police would like we give them access to the monitoring 24/7.
5. Will there be multiple security lights or motion sensored lights on the property? The property will be well lit, and we do not typically put in motion sensored lights. If there is a Some people who received this message don't often get email from [email protected]. Learn why this is important
concern we can certainly add if needed, but have never needed them on a project.
6. How many garbage dumpsters will be provided to service these residents, and how often will garbage pick-up occur? I know from experience that dumpsters fill up quickly because people do not collapse cardboard boxes when they can, and over time wet garbage begins to smell and attract rodents, ants, and cockroaches. The site plan shows that 11 City standard double enclosures (for solid waste and recyclable bins) throughout the site. A few number of single enclosures for green/organic waste are also provided. All enclosures will be constructed to City standards which require a block wall enclosure and gates surrounding the enclosure. The City provides weekly pick-up service.
7. Will there be a pest control service employed at owner expense to service the facility or will pest control be left to the individual residents? The property will pay for all pest control on the property and in the units as needed.
8. How will unsightly grafitti and undrivable vehicles be handled. Each property management lease has provisions that addresses graffiti and inoperable vehicles. The property management company has protocols regarding cleaning graffiti as soon as possible and addressing inoperable vehicles in a timely manner.
9. How often will the management company visit and inspect the property so as to direct the resident managers in needed clean-up. There will be on-site management and maintenance full time at the property, as well as a regional manager to oversee the staff.
10. Who will be responsible for the landscaping maintenance? Will the proposed trees and plantings be replaced if they die? Landscaping maintenance is provided through the property owner and their management services team. This would include the maintenance and pruning of street trees along K and Ben Maddox. These trees are required to be maintained and replaced if they die, based on the recommended conditions of approval.
11. Will there be a sprinkler system for the landscaping? All landscaping is required to have an irrigation system. Furthermore, the landscaping and irrigation is required to meet the State guidelines included in the Model Water Efficient Landscape Ordinance (MWELO).
Thank you for your inquiry.
Brandon Smith, AICP | Principal Planner
City of Visalia Community Development Department
Phone: (559) 713-4636
Email: [email protected]
www.visalia.city/depts/community_development/planning
From: kris wassermann <[email protected]>
Sent: Wednesday, January 4, 2023 12:39 PM
To: Council Members <[email protected]>; Planning <[email protected]> Subject: Email from Website
I am sending this email regarding the proposed building project at the southwest corner of Ben Maddox Way and K Avenue. I own a home at 1210 E. Mesa Court which places the proposed project directly behind my backyard. I have gathered a list of questions and concerns regarding not so much the project itself but the management of said project once it is built and begins to be occupied. I remember only too well the apartments on Walnut Avenue which came to be known as “sin city” and although I’m hopeful this development will not devolve into that type of situation, my concerns are valid. I own a property management company that specializes in self storage facilities so my questions are directed towards maintenance and upkeep.
1. I would like to know how this property will be managed and by whom? Will the management company be local or out of the area? Will the Town of Visalia have any oversight powers of compliance should the management be less than satisfactory? Who do neighbors go to if there are problems? I was told during the meeting at Annie Mitchell School that there would be three sets of managers for the complex and is this still the case?
2. Will the developers be erecting a large 6 foot wall to run around the perimeter of the complex to prevent people jumping over into backyards and throwing garbage over?
3. Will the access to the complex be subject to gate coded entry to prevent unwanted thieves, vandals, or general riff-raff?
4. Will there be multiple security cameras around the complex and recorded monitoring that can be retrieved if needed?
5. Will there be multiple security lights or motion sensored lights on the property?
6. How many garbage dumpsters will be provided to service these residents, and how often will garbage pick-up occur? I know from experience that dumpsters fill up quickly because people do not collapse cardboard boxes when they can, and over time wet garbage begins to smell and attract rodents, ants, and cockroaches.
7. Will there be a pest control service employed at owner expense to service the facility or will pest control be left to the individual residents?
8. How will unsightly grafitti and undrivable vehicles be handled.
9. How often will the management company visit and inspect the property so as to direct the resident managers in needed clean-up.
10. Who will be responsible for the landscaping maintenance? Will the proposed trees and plantings be replaced if they die?
11. Will there be a sprinkler system for the landscaping?
I believe that these are questions that we as adjacent homeowners need to have answered because we are the ones who will be living with this project literally in our backyard. As a person very familiar with property management I know the importance of strong management and the need to keep the project well maintained. I also hope that the rental application process will include background checks as well as credit checks. The maintenance of high standards is the best way to insure that the facility attracts a responsible caliber of tenant who will care about where they live.
Submitted respectfully by Kris Wassermann, 1210 E. Mesa Ct., Visalia (530)592-5111
Sent from Mail
for Windows
From: jed.frazin
To: Planning
Subject: Conditional Use Permit No. 2022-23 for property at Ben Maddox and K Street Date: Thursday, January 5, 2023 3:02:49 PM
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My name is Judith E Drake. I am writing on behalf on myself and my husband, Lewis R Frazin, at 1608 E Beech Drive, Visalia, CA 93292
We are vehemently opposed to the building of the proposed 292 unit apartment complex at the corner of Ben Maddox and K Street (APN 126-750-050, 051).
It appears this will be low income housing which will negatively affect the value of homes in the surrounding neighborhoods. Increased traffic will also negatively impact our neighborhood. We may also see an increase in crime.
We also vehemently oppose the effort by Federal, State and local governments to turn us into a third world country, state, city and neighborhood, by forcing those of us who worked hard all our lives and now enjoy a comfortable lifestyle, in a nice neighborhood, to live in close proximity to those who haven't.
We respectfully ask the Council to vote against this proposal.
Thank you.
Judith E Drake and Lewis R Frazin
Sent from my Verizon, Samsung Galaxy smartphone
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.