Resolution No. 2023-02
RESOLUTION NO. 2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND APPROVING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2022-23, A REQUEST BY MARACOR DEVELOPMENT TO ESTABLISH A 292-UNIT DEED RESTRICTED
AFFORDABLE 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)
WHEREAS, Conditional Use Permit No. 2022-23 is a request by Maracor Development to establish a 292- unit deed restricted affordable 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); 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 concluded said hearing on that date; and
WHEREAS, the Planning Commission of the City of Visalia found Conditional Use Permit N o. 2022 -23 to be in accordance with Chapter 17.38.110 of the Zoni ng 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, the Planning Commission approved Conditional Use Permit No. 2022-23 based on the findings contained in Resolution No. 2022- 51, consistent with Visalia Municipal Code Section 17.38.110, and with the provisions of the State Density Bonus Law and with Article 2 of Chapter 17.32 of the City of Visalia Ordi nance Code (Density Bonuses, Concessions and Other Incentives for Lower and Very Low -Income Households and for Senior Housing); and
WHEREAS, an appeal of the Planning Commission’s approval of Con ditional Use Permit No. 2022-23, was received on January 19, 2023; and
WHEREAS, the City Council of the City of Visalia, after ten (10) days of a published public hearing notice held a public hearing bef ore said Council on February 21, 2023; 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.
Resolution No. 2023-02
NOW, THEREFORE, BE IT FURTHER RESOLV ED that the City Council of the City of Visalia makes the following specific findings 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 p roject 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 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.
Based on the site’s Medium Density Residential land use designation, which permits resi dential density between 10 to 15 units per acre, and the R -M-2 zoning designation for the site, the site could accommodate a base density of 162 residential units, which equates to 15 units per acre. However, based on the project providing 100% affordable housing units the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The 80% increase brings the overall project density to 292 units which equates to 27.04 units per acre.
The proposed project will result in the creation of a new multi -family residential development which is consistent with G eneral Plan land use designation of Medium Density Residential and the R -M-2 zoning designation for the site. The project consists 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 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 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 south property line providing at least 85 feet between the multi -family buildings and the nearest single- family residential homes to the south. The s ingle-family home to the west of the site will also be a minimum of 85 feet away from the nearest multi -family building. The project layout is consistent and in conformity with the objective standards of applicable City land use plans, policies, and ordinances.
Resolution No. 2023-02
Furthermore, the Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact. There is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance and development standards. 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.
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 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 which is consistent with G eneral Plan land use designation of Medium Density Residential and the R -M-2 zoning designation for the site. The project consists 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 project is required to construc t a 10- foot sidewalk along East K Avenue, which is designed to accommodate both bicycles and pedestrians and is required to build an 8- foot sidewalk along Ben Maddox Way. In addition to the sidewal ks, curb, gutter, and streetlights will be installed along both Ben Maddox Way and K Avenue as required per the City’s Engineering Development standards. The project will also require additional widening of K Avenue at the Ben Maddox Way intersection. This additional widening is required to accommodate three lanes approaching the intersection along K Avenue to facilitate turning movements in each direction through this intersection. These improvements along with several other offsite improvements are condit ions of project approval, which are included in the attached City Council resolution.
Furthermore, development and operation of the project is not anticipated to conflict with applicable plans, ordinances, or policies establishing measures of effectiveness of the City’s circulation system. The project will result in an increase in traffic levels on arterial and collector roadways, although the City of Visalia’s Circulation Element has been prepared to address the increase in Resolution No. 2023-02
traffic. The Ben Maddox Way and K Avenue intersection is monitored by the City to determine when future signalization will occur at this intersection. The development of the site will result in the developer paying into the City’s Transportation Impact F ee program which is used to pay for roadway improvements throughout the entire community.
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 incent ives, parking reduction, or waivers requested.
The State Density Bonus Law ( California Government Code Section 65915 to 65918) creates incentives for developers t hat provide affordable housing within their projects by granting increased density which than allows a developer to seek other regulatory incenti ves known as “ concessions and incentives” 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 and incentives. Under the State Density B onus Law, a concession and incentive is defined as a reduction in a development 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 developer of this project is not seeking any concessions or incentives afforded to them under the State D ensity Bonus Law and has opted to comply with the development standards as required in the Z oning Ordinance. The developer is only seeking a density bonus as prescribed by state law.
Based on the site’s Medium Density Residential land use designation, which permits resi dential density between 10 to 15 units per acre, and the R -M-2 zoning designation for the site, the site could accommodate a base density of 162 residential units, which equates to 15 units per acre. However, based on the project providing 100% affordable housing units the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The 80% increase brings the overall project density to 292 units which equates to 27.04 units per acre. b. The requested incentives will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
The developer of this project is not seeking any concessions or incentives afforded to them under the State D ensity Bonus Law and has opted to comply with the development standards as required in the Z oning Ordinance. The developer is only seeking a density bonus as prescribed by state law.
Resolution No. 2023-02
Based on the site’s Medium Density Residential land use designation, which permits resi dential density between 10 to 15 units per acre, and the R -M-2 zoning designation for the site, the site could accommodate a base density of 162 residential units, which equates to 15 units per acre. However, based on the project providing 100% affordable housing units the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The 80% increase brings the overall project density to 292 units which equates to 27.04 units per acre.
BE IT FURTHER RESOLVED that the City Council denies the appeal , upholds the Planning Commission’s approval, and approves the Conditional Use Permit on the real property herein above described in accordance with the terms of this resolution under the provisions of Section 17.38 of the Ordinance Code of the City of Visalia, subject to the following conditions:
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.
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.
Resolution No. 2023-02
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, C ity 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.
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 activ ities 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.
Resolution No. 2023-02
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.