Agenda packet — Visalia City Council, May 1, 2023 (part 2 of 2)

March 8, 2023

Visalia WWTP
7579 Ave 288
Visalia, CA 93277
Sent via Email: [email protected]

Attn: Wyndi Ferguson
Subject: City of Visalia - Time and Materials Rate Sheet Reference: SR# TBD

Dear Wyndi,

Telstar Instruments (“Telstar”) is pleased to provide Time and Materials Rates for the referenced project to the above identified purchaser (“Customer”).

By accepting this proposal from Telstar you agree to treat this as confidential information.

TIME AND MATERIALS RATES
Instrument/Controls Technician .............................................................................................. $134.00 /hour PLC/HMI/SCADA Programmer ................................................................................................. $152.00 /hour California State Certified Journeyman Electrician ................................................................... $134.00 /hour Telemetry/Communications/Network Specialist .................................................................... $156.00 /hour Laborer ..................................................................................................................................... $108.00/hour Electrical/Instrument Engineer ................................................................................................ $156.00 /hour Tools/Test Equipment/Programing Software .................................................................................. $185/day Vehicle/Mileage ............................................................................................................................ No Charge Travel Expenses ............................................................................................................................. No Charge Materials Markup...................................................................................... 10% of List + sales tax and freight

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Time and materials rates are valid through April 2024 d. Technician billable time starts from point of origin and continues to time of return to Telstar office or point of origin. Travel time is billed as straight time. 244

Contractor License #422364
Contractor DIR #1000000899

CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

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e. Overtime rate is applied for hours worked in excess of 8 up to and including 12 hours Monday– Friday during normal business hours of 7 am to 5 pm. Overtime is applied for hours worked up to and including 12 hours on Saturday and up to and including 8 hours on Sunday. Double-time rate is applied for hours worked in excess of 12 hours Monday-Saturday and for hours worked in excess of 8 hours on Sunday. Overtime rate will be billed at 1.5 times base rate and double-time will be billed at 2 times base rate.
f. On-site service calls carry a 4-hour minimum per person; time over 4 hours is charged as 8 hours. The minimum charge for remote support is 2 hours. g. Telstar is available 24 hours per day, 7 days a week to provide remote and on-site service. On- site emergency calls carry a 4-hour minimum.

TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from the date of Telstar’s quotation. Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18 -3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar.

Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not li mited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the l abor and materials specifically listed within the body of this quote. Service calls are charged at a 4-hour minimum per person, excluding travel time. Unless expressly stated in the quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work.

Limitation of Liability : (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tor t, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays , and claims of customers of Customer, its officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty -five percent (25%) of the purchase price allocable to the Equipment, part or Services that is the subject of the claim. (b) All causes of action against Telstar Instruments arising out of or relating to this Agreement or the performance or breach hereof shall are deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar Instruments be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its re asonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the 245

Contractor License #422364
Contractor DIR #1000000899

CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

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foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar Instruments for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Quotation or subsequent order, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Quotation constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herei n or herein provided. This Quotation may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Condi tions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll Reports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.

Authorized Signers: Only the following authorized signers of Telstar have the complete legal authority to bind contractual documents: Robert S. Marston (President/Secretary), John D. Gardiner (Vice President/T reasurer), Tammy Misenhimer (Contract Administrator). If a document is signed by an unauthorized signer, the document will be void and unenforceable.

Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers are experiencing unprecedented delays due to current industry labor shortages, shortage of containers, port congestion, and raw material shortages, t hat have extended lead times significantly. Telstar reserves the right to amend the delivery date and pricing of materials set forth in this quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

Insurance: Telstar’s standard insurance limits will apply.

Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,

Konor Meeks
Hanford Branch Manager
Telstar Instruments

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0129 Agenda Date: 5/1/2023 Agenda #: 1.

Agenda Item Wording:

Public hearing to consider the following items: 1. recommendation by the Visalia Planning Commission to approve General Plan Amendment No. 2022-01:

1. A recommendation by the Visalia Planning Commission to approve General Plan Amendment No. 2022-01: A request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional. The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093-062- 006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102- 001, 002, 093-112-021).

2. A recommendation by the Visalia Planning Commission to approve Change of Zone No. 2022- 02: A request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi-Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP (Quasi-Public) to QP (Quasi-Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093-062-006, 007, 015, 016, 026, 027, 093- 073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021).

3. A review of Conditional Use Permit No. 2023-02: A request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005-08, permitting the expansion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres.

The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093- 083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).

The requested actions are considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption No. 2022-42 has been prepared for the project.

Deadline for Action: 5/1/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] <mailto:[email protected]>
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Paul Bernal, Community Development Director, 713-4025 [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and take the following actions:

1. Adopt Resolution No. 2023-10, approving General Plan Amendment No. 2022-01, a request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional, for sites located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, and 1004 North Turner Street (APNs: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021), based on the recommendation of the Planning Commission; and

2. Introduce the first reading of Ordinance No. 2023-04, approving Change of Zone No. 2022-02, a request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi-Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M -2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP (Quasi- Public) to QP (Quasi-Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, and 1004 North Turner Street (APNs: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083- 013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021), based on the recommendation of the Planning Commission; and

3. Accept a review of Conditional Use Permit No. 2023-02, a request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005-08, permitting the expansion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs:
093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).

It is standard practice for staff to recommend the upholding of a Planning Commission action. Note that these land use actions, if approved, will facilitate implementation of Conditional Use Permit No. 2023-02, which was approved by the Visalia Planning Commission March 27, 2023. This is due to the Conditional Use Permit including a Condition of Approval invalidating the master plan boundary expansion proposed therein unless the accompanying General Plan Amendment and Change of Zone requests are approved.

Alternative Recommendations:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Adopt Resolution No. 2023-10 approving General Plan Amendment No. 2022-01, but remove property located at 1004 North Turner Street (APN: 093-112-021) from the list of properties being redesignated to Public Institutional; introduce the first reading of Ordinance No. 2023-04 Visalia City Council Printed on 4/28/2023Page 2 of 10
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being redesignated to Public Institutional; introduce the first reading of Ordinance No. 2023-04 approving Change of Zone No. 2022-02, but remove property located at 1004 North Turner Street (APN: 093-112-021) from the list of properties being rezoned to QP (Quasi-Public); and approve Resolution No. 2023-__, modifying Conditional Use Permit No. 2023-02, to limit the expansion of the Visalia Public Cemetery District master planned boundary by removing the boundary expansion encompassing those 12 properties located east of North Turner Avenue, between West Allen Avenue and West Roosevelt Avenue, listed as 914 and 920 W. Allen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022)

2. Adopt Resolution No. 2023-10 and Resolution No. 2023-__, denying General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02. This would also effectively nullify the Planning Commission approval of the entire master planned boundary expansion contained within Conditional Use Permit No. 2023-02.

3. Refer all or parts of the project back to the Planning Commission for further review; or,

4. Continue the matter to a future City Council hearing for additional information.

Project Description:

General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 together are a request by the Visalia Public Cemetery District to change the general plan land use and zoning designations of 16 parcels as described below:
· 15 properties totaling 3.33 acres from Low Density Residential / R-1-5 (Single Family Residential, 5,000 square foot minimum site area) to Public Institutional / QP (Quasi-Public). · One property totaling 0.24 acres from Residential Medium Density / R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to Public Institutional / QP (Quasi-Public).

Properties to be reclassified are identified in the Site Plans in Exhibit “A”.Per the Operational Statement in Exhibit “C”,the land use reclassification to Public Institutional / QP is requested to permit usage of the parcels for cemetery operations and burial sites, activities which are prohibited in residential zones but are conditionally permitted in the QP zone. All 16 sites proposed for reclassification are owned by the Cemetery District.

As depicted in the Phasing Plan in Exhibit “B”,if the project is approved, the Cemetery District would begin utilizing rezoned properties under its ownership within the “current phase” immediately. The “currentphase”consists of nine vacant properties at the southwest quadrant of the cemetery, east of North Rinaldi Street, between West Goshen Avenue and West Grove Street. The remaining sites under Cemetery District ownership would generally be developed over the span of one to 10 years for the sites south of Sady Court and West Grove Street, and longer for Cemetery District owned sites north of those streets.

Eight of the properties to be reclassified are vacant, including the sole R-M-2 zoned site, located at the northeast corner of West Goshen Avenue and North Rinaldi Street. The remaining eight parcels contain single or multi-family development, encompassing a total of 15 residential units. Existing residential units owned by the Cemetery District are all located outside of the “current phase” identified in Exhibit “B”.Note that nine of the 15 units are within an existing multi-family complex located at the northeast corner of North Rinaldi Street and West Sady Court. Per the applicant, there is no set date for when existing residential units on Cemetery District owned properties will be Visalia City Council Printed on 4/28/2023Page 3 of 10
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is no set date for when existing residential units on Cemetery District owned properties will be removed, as it is dependent on burial trends and compliance with conditions of the master plan. The applicant notes that demolition of residential structures would occur over a long period of time, and at staggered intervals, so as to prevent the sudden loss of all 15 residential units.

As part of the General Plan Amendment and Change of Zone proposal, the applicant submitted Conditional Use Permit No. 2023-02, a request to expand the master plan boundary of the Visalia Public Cemetery that was established in 2005 via Conditional Use Permit No. 2005-08. The master plan boundary establishes areas in which the Cemetery District can acquire property for the eventual expansion of the Visalia Public Cemetery. While the Planning Commission retains jurisdiction over the review of Conditional Use Permit proposals, this item was referred to the City Council along with the General Plan Amendment and Change of Zone requests as the Conditional Use Permit includes a Condition of Approval binding its ratification to the approval of the land use changes. If the land use changes are denied, the boundary expansion contained within Conditional Use Permit No. 2023-02 will not go into effect, leaving in place the 2005 master planned boundary (Exhibit E).

The existing and proposed master plan boundaries are depicted in Exhibit “A”.The boundary expansion would encompass 13 properties totaling 2.8 acres. Twelve of the properties are located on the east side of North Turner Street, between West Allen Avenue and West Roosevelt Avenue, and contain single-family residences and a duplex. Only one property within this proposed expansion area (1004 North Turner Street) is currently owned by the Cemetery District. The 13th site proposed as part of the expansion request is located south of the cemetery at 1304 West Goshen Avenue and contains the still-in-operation Visalia Granite and Marble Works.

Per the Operational Statement in Exhibit “C”,the boundary expansion is necessary for the Cemetery District to keep pace with community demand and maintain sufficient area to allow for multiple internments to occur without disruption between individual parties. Data submitted by the Cemetery District notes that available burial sites within the existing cemetery grounds amount to 1,007 full body spaces and 450 ash spaces. The current availability is sufficient to serve the public for another eight years. Expansion of the master plan boundary will assist in increasing capacity for the future, allowing the cemetery to offer services in a wider geographical area, for a longer period of time. The proposed expansion area is also designed to maintain a concentric growth pattern in line with previous expansions. Per the applicant, the Cemetery District only attempts to acquire properties within the master plan boundary when they are put up for sale. Properties are purchased at fair market value and mechanisms such as eminent domain have never been employed to acquire properties.

The original land use plan and master plan boundary map approved via Conditional Use Permit No. 2005-08 are included as Exhibits “D” and “E”.

Planning Commission Public Hearing:

The Planning Commission held a public hearing on the General Plan Amendment, Change of Zone, and Conditional Use Permit request at its March 27, 2023 meeting. Public comment in favor of the proposal was received from project applicant/consultant Walter Deissler, Visalia Public Cemetery District Board of Trustees Chair Tom Johnson and Secretary George Ouzounian. All noted the necessity of the project for the Cemetery District to be able to utilize properties already under its ownership, and to retain sufficient capacity to serve the public for a longer period of time. It was noted by the representatives that the Cemetery District only acquires properties when owners wish to sell, and that such purchases are always at market rate. It was further noted that the Cemetery Visalia City Council Printed on 4/28/2023Page 4 of 10
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sell, and that such purchases are always at market rate. It was further noted that the Cemetery District had previously acquired property outside of the Visalia urban area for development of a new cemetery, but that the land had been sold after it was determined that expansion of the existing cemetery grounds would be more cost effective than establishing a second cemetery.

Public comments in opposition to the proposal were provided by Vanessa Gonzalez, Bill Houtt, David Dye, Jill Ramirez, and Armando Murrieta. All shared concerns about the effects of the project on the availability of affordable housing in the area, its effects on the character and ongoing viability of the Rinaldi/Turner Street neighborhoods, and the sustainability of the Cemetery Districts plans for expansion. The general consensus among opponents of the project was that the Cemetery District should forego expansion around the existing cemetery and instead acquire property outside of Visalia’s urban core to accommodate the future needs of the public.

At the conclusion of public testimony, the Planning Commission directed additional questions to staff and the applicant. Among discussion were questions about the applicability of Government Code Section 66300 (Housing Crisis Act of 2019), a State law intended to preserve residential land by limiting land use changes that result in a net loss of residential capacity (i.e., a sites ability to support housing). In response, staff stated that Cemetery District actions to enact rezone and growth goals identified in its 2005 master plan and boundary map were established prior to the 2019 ratification of Government Code Section 66300. As such, the areas identified by the 2005 master plan are not subject to its provisions.

Staff further noted that proposed expansion areas located outside of the 2005 master plan boundary comprise 0.228 percent of the total Low Density Residential land available within the Tier 1 Urban Development Boundary of the City of Visalia. Given that the Low Density Residential designation is the largest residential land use class provided within the General Plan boundary, staff stated that the proposed master plan expansion would represent a miniscule reduction residential land, and would not impact the City’sability to provide Low Density Residential housing capacity. Furthermore per the analysis of land available for the development of single-family residences presented to the City Council and Planning Commission at the joint June 13, 2022 meeting (“Overviewof the City of Visalia Urban Development Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”),there are still approximately 932-acres of undeveloped single-family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots.

Lastly, staff stated that despite the land use changes proposed, some conditional residential uses, such as senior housing, are still possible within the QP Zone. As such, the proposal maintains the subject sites “residential capacity”, in conformance with Government Code Section 66300.

Following discussion, the Planning Commission took the following actions:
· Voted 4-0 (Vice-Chair Peck absent) to recommend approval of General Plan Amendment No. 2022-01 to the City Council; and
· Voted 4-0 (Peck absent) to recommend approval of Change of Zone No. 2022-02 to the City Council.
· Voted 3-1 (Commissioner Chris Gomez opposed, Peck absent) to approve the master plan boundary expansion proposed by Conditional Use Permit No. 2023-02.

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General Plan Consistency and Land Use Compatibility
Land Use Element/General Plan/Zoning
The Land Use Element of the 2014 Visalia General Plan does not include specific objectives or policies related to the cemetery. Section 2.13 (Institutional & Civic) of the Land Use Element only refers to cemeteries as “… important elements of community-building.” Visalia Municipal Code Chapter 17.52 (Quasi-Public Zone) notes that the QP zone is appropriate “… to allow for the location of institutional, academic, community service, governmental, and nonprofit uses.” The Public Institutional land use designation and QP zoning classification are seen as appropriate classifications for the project sites as they will be employed for burials and as a place of mourning and remembrance, services which are of universal public utility and import.

Housing Element
The proposal will result in the reclassification of 16 cemetery owned properties from residential zonings to Q-P zoning. There are 15 active residences on the project sites to be rezoned, which will eventually be removed by the Cemetery District, at future dates, should the proposal be approved.

Expansion of the master plan boundary will affect 11 existing single-family residences and a duplex located along the east side of Turner Street between Roosevelt and Allen Avenues. However, since only one property within that area is owned by the Cemetery District (1004 North Turner Street), no immediate impacts are expected on the existing housing units located within the proposed expansion area of the Cemetery District master plan.

The 2020-2023 City of Visalia Housing Element was adopted by the Visalia City Council on December 3, 2019. The Housing Element provides policies encouraging housing affordability and identifies sites for the development of affordable housing. None of the sites listed in the project proposal are identified in the Housing Element site inventory list, nor are they deed restricted for affordability. As such, the Housing Element does not contain policies that would restrict demolition of housing on the project sites. As it stands, VMC regulations would not prohibit the demolition of residential units, even on multi-family properties, if a property owner chose to remove them. So, while the proposal would represent a reduction in the housing stock of the area, existing regulations and policies do not prohibit its removal. Furthermore, the resulting reduction in housing would not cause a significant change to the City’s housing stock.

Government Code Section 66300
As noted previously in this report, Government Code Section 66300 (Housing Crisis Act of 2019), is a State law tailored to preserve residential land by limiting land use changes that result in a net loss of residential capacity. Per staff and City Attorney analysis of the State law, the project is not subject to its provisions. Plans for rezone and growth approved by the City for the Cemetery District in 2005 are not subject to Government Code Section 66300 as they were implemented prior to the 2019 ratification of the law.

Areas outside of the 2005 master plan boundary that have been identified by the Cemetery District for expansion are also not subject to Government Code Section 66300 due to their comparatively small size relative to the City’soverall residential land use capacity. These areas total 2.13 acres of Low Density Residential / R-1-5 Zone land. This comprises 0.228 percent of the total Low Density Residential land available within the Tier 1 Urban Development Boundary of the City of Visalia.

Furthermore, per analysis of land available for the development of single-family residences (June 13, 2022 City Council Report “Overview of the City of Visalia Urban Development Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”),there are still approximately 932-acres of undeveloped single-family residential land in Urban Development Boundary Tier I, Visalia City Council Printed on 4/28/2023Page 6 of 10
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932-acres of undeveloped single-family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots. The future loss of the 12 units currently within the proposed expansion area would be negligible compared to the remaining residential capacity.

Lastly, the proposed land use changes to Q-P/Public Institutional would still allow for some conditional residential uses to be established, such as senior housing. Given the above, staff maintains that the proposal does not effect “residential capacity” and is in conformance with the provisions of Government Code Section 66300.
2005 Visalia Public Cemetery District Land Use Plan
Land Use Plan Consistency
The land use plan and boundary maps (i.e., master plan) previously approved in 2005 are included as Exhibits “D”and “E”.The land use changes proposed are largely in conformance with the 2005 master plan. The 2005 master plan encourages the reclassification of sites acquired by the Cemetery District to Q-P / Public Institutional. Fifteen of the 16 sites currently proposed for reclassification are located within the 2005 master plan boundaries. The sole parcel located outside of the 2005 master plan boundary (1004 North Turner Street) is the impetus for the master plan boundary expansion (Conditional Use Permit No. 2023-02). Four of the 16 properties proposed for reclassification (919 West Allen Avenue, 706 and 808 North Rinaldi Street, and 816 North Turner Street) were also identified in the original land use plan as “highest priority for acquisition”.

No changes to the policies in the original master plan were proposed. As such, the overall land use reclassification and boundary expansion request is considered appropriate as it is largely consistent with the land use plan, directs growth in a concentric fashion, and facilitates increased services to the public over a longer period of time. The proposal also brings existing Cemetery District owned properties into conformance with the overall cemetery complex and will assist in removing instances of spot zoning around the cemetery perimeter.

Land Use Plan Conditions of Approval
When the master plan boundary expansion was approved by the Planning Commission on March 27, 2023, a number of conditions were applied and/or revised to prevent disorderly growth and impacts to occupants of residences adjacent to cemetery owned properties. One of the Conditions of Approval applied stated the following:
· Condition No. 6 - That the Conditional Use Permit No. 2023-02 shall be null and void unless General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 are approved by the City of Visalia.

As noted above, staff believes approval of the master plan boundary expansion proposed via Conditional Use Permit No. 2023-02 is appropriate as it formalizes the acquisition of a property by the Cemetery District that is currently located outside of the existing master plan boundary (1004 North Turner Street). Approval of the expansion will also assist in facilitating orderly growth of the cemetery, and provide it with increased capacity to offer services to the public.

Public Comment:

Staff received numerous calls from adjacent property owners with questions about the Cemetery Visalia City Council Printed on 4/28/2023Page 7 of 10
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File #: 23-0129 Agenda Date: 5/1/2023 Agenda #: 1.

Staff received numerous calls from adjacent property owners with questions about the Cemetery District proposal and whether it would affect their properties. However, as of the publication of this report, formal comments have only been received from Gwen Schrank, community advocate, and David Dye, owner of 814 North Rinaldi Street, located within the Cemetery Districts 2005 master plan boundary area. The comments, both of which are in opposition to the project, are included with this report.

Supplemental information has also been provided by project consultant Walter Deissler and is included with the report. The submittal includes information on the Cemetery Districts earlier attempts to develop a second cemetery, data on burial site capacities, property acquisition and rental policies, and past correspondence from property owners wishing to sell their property.

Fiscal Impact:

None.

Prior Council Action:

The Visalia Public Cemetery District previously requested a General Plan Amendment, Change of Zone, and boundary expansion to its facilities in 2005 via the following projects:
· General Plan Amendment No. 2005-04: A request to change the general plan land use designations on approximately two acres from Low Density Residential, Medium Density Residential, High Density Residential and Shopping Office Commercial to Public Institutional. · Change of Zone No. 2005-03: A request to change the zoning on approximately 2 acres from R -1-6, R-M-2, R-M-3 and C-SO to QP (Quasi Public).
· Conditional Use Permit No. 2005-08: A request to allow the expansion of the existing cemetery, allow the relocation of an existing maintenance facility, and adopt a Master Plan for a cemetery in the QP Zone.

The General Plan Amendment and Change of Zone aspects of the proposal were approved by the Visalia City Council on July 18, 2005.

Recommended and Alternative Motions:

Recommended Motion
· I move to adopt Resolution No. 2023-10 approving General Plan Amendment No. 2022-01; and
· I move to introduce the first reading of Ordinance No. 2023-04, approving Change of Zone No. 2023-02.

Alternative Motion No. 1
· I move to adopt Resolution No. 2023-10 approving General Plan Amendment No. 2022-01; and
· I move to introduce the first reading of Ordinance No. 2023-04, approving Change of Zone No. 2023-02; and
· I move to adopt Resolution No. 2023-__ modifying Conditional Use Permit No. 2023-02.

If Alternative Motion No. 1 is adopted, staff will prepare new resolutions to reflect the changes Visalia City Council Printed on 4/28/2023Page 8 of 10
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adopted by the City Council.

Alternative Motion No. 2
· I move to adopt Resolution No. 2023-10 denying General Plan Amendment No. 2022-01; and · I move to adopt Resolution No. 2023-__ denying Change of Zone No. 2023-02.

This motion will nullify the Planning Commission approval of the boundary expansion proposed by Conditional Use Permit No. 2023-02. If Alternative Motion No. 2 is adopted, staff will prepare new resolutions to reflect the changes adopted by the City Council.

Alternative Motion No. 3
· I move to refer General Plan Amendment No. 2023-01, Change of Zone No. 2023-02, and Conditional Use Permit No. 2023-02 back to the Visalia Planning Commission for further review and action.

Alternative Motion No. 3
· I move to continue General Plan Amendment No. 2023-01, Change of Zone No. 2023-02, and Conditional Use Permit No. 2023-02 to the meeting of May 15, 2023.....end CEQA Review:

The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the common-sense exemption, which means that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have any effect on the environment. All proposals represent changes in administrative categorization with no physical effects.

Attachments:

1. Resolution No. 2023-10 approving General Plan Amendment No. 2022-01

2. Ordinance No. 2023-04 approving the first reading of Change of Zone No. 2022-02.

3. Exhibit “A” - Site Plans

4. Exhibit “B” - Phasing Plan

5. Exhibit “C” - Operational Statement

6. Exhibit “D” - 2005 Visalia Public Cemetery District Land Use Plan

7. Exhibit “E” - 2005 Visalia Public Cemetery District Master Plan Boundaries

8. Planning Commission Staff Report dated March 27, 2023

9. Public Comment: Letter of Opposition from David Dye
Visalia City Council Printed on 4/28/2023Page 9 of 10
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10.Public Comment: E-mail of Opposition from Gwen Schrank

11.Public Comment: Supplemental Information from Walter Deissler, Project Consultant Visalia City Council Printed on 4/28/2023Page 10 of 10
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Resolution No. 2023-10
RESOLUTION NO. 2023-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, APPROVING GENERAL PLAN AMENDMENT NO. 2022-01,

A REQUEST BY THE VISALIA PUBLIC CEMETERY DISTRICT TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF 15 PARCELS TOTALING 3.33 ACRES FROM RESIDENTIAL LOW DENSITY TO PUBLIC

INSTITUTIONAL, AND TO CHANGE THE LAND USE DESIGNATION OF ONE PARCEL TOTALING 0.24 ACRES FROM RESIDENTIAL MEDIUM DENSITY TO PUBLIC INSTITUTIONAL. THE PROJECT SITES ARE LOCATED AT 919 WEST ALLEN AVENUE, 618, 700, 706, 808, 918, 1010 NORTH RINALDI STREET, 1410, 1420, 1430 WEST SADY AVENUE, 816, 1004 NORTH TURNER STREET (APNS: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102- 001, 002, 093-112-021)

WHEREAS, the Planning Commission of the City of Visalia, after dul y published notice, held a public hearing before said Commission on February 27, 2023; and

WHEREAS, at the February 27, 2023 Planning Commission meeting the item was removed from the meeting agenda due to project description errors discovered in the public hearing notice published in the Visalia Times -Delta newspaper. The Planning Commission continued the project to the March 13, 2023 Planning Commission meeting at the request of the applicant; and

WHEREAS, the Planning Commission of the City of Visalia , after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13, 2023 Planning Commission meeting the item was continued due errors in th e processing and mailing of public heari ng notices . The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commission of the City of Visalia, a fter duly published notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission of the City of Visalia considered the General Plan Amendment in accordance with Section 17.54.060 of the Zoning 257
Resolution No. 2023-10
Ordinance of the City of Visalia b ased on evidence contained in the staff report and testimony presented at the public hearin g, and recommended approval of said General Plan Amendment; and,
WHEREAS, the Planning Co mmission of the City of Visalia adopted Resolution No. 2022-43 recommending approval of General Plan Amendment No. 2022-01; and, WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for General Plan Amendment No. 2022-01 on May 1, 2023.

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and NOW, THEREFORE, B E IT RESOLVED the City Council concurs that the project is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia approves General Plan Amendment No. 2022-01, as shown on Attachment “A” of this Resolution, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Sect ion 17.54.080 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:

1. That the proposed General Plan Amendment is consistent with the goals, objectives, and policies of the General Plan, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed General Plan Amendment from Residential Low Density and Residential Medium Density to Public Institutional is
compatible with adjacent land
uses and is consistent with the goals and policies of the 2005 Visalia Public Cemetery District Land Use Plan.

3. The reclassification of residential property to public institutional will not have a negative impact on the City’s housing stock or Regional Housing Need Allocation as none of the sites proposed for reclassification are listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

4. The potential loss of Low Density Residential/R-1-5 Zone land use capacity is less than 1% and will not significantly affect the overall availability of low-density residential land for development within the City.

5. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and 258
Resolution No. 2023-10
change in zoning classification will not in and of themselves have an effect on the environment.
259
Resolution No. 2023-10

EXHIBIT “A”
GENERAL PLAN AMENDMENT NO. 2022-01
City Council – Resolution No. 2023-10
Existing General Plan Land
Use Designation
260
Resolution No. 2023-10

Proposed General Plan Land
Use Designation
261
Ordinance No. 2023-04
ORDINANCE NO. 2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING CHANGE OF ZONE NO. 2022-02, A REQUEST BY THE VISALIA PUBLIC CEMETERY DISTRICT TO CHANGE THE ZONING DESIGNATION OF 15 PARCELS TOTALING 3.33 ACRES FROM R-1-5 (SINGLE FAMILY RESIDENTIAL, 5,000 SQ. FT.

MINIMUM SITE AREA) TO QP (QUASI-PUBLIC), AND TO CHANGE THE ZONING DESIGNATION OF ONE PARCEL TOTALING 0.24 ACRES FROM R-M-2 (MULTI-FAMILY RESIDENTIAL, 3,000 SQ. FT. MINIMUM SITE AREA PER DWELLING UNIT) TO QP (QUASI-PUBLIC) TO QP (QUASI-PUBLIC). THE PROJECT SITES ARE LOCATED AT 919 WEST ALLEN AVENUE, 618, 700, 706, 808, 918, 1010 NORTH RINALDI STREET, 1410, 1420, 1430 WEST SADY AVENUE, 816, 1004 NORTH TURNER STREET (APNS: 093- 062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021)

The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs:
093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021); and,

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on February 27, 2023; and WHEREAS, at the February 27, 2023 Planning Commission meeting the item was removed from the meeting agenda due to project description errors discovered in the public hearing notice published in the Visalia Times -Delta newspaper. The Planning Commission continued the project to the March 13, 2023 Planning Commission meeting at the request of the applicant; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13 , 2023 Planning Commission meeting the item was continued due errors in the processing and mailing of public heari ng notices. The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission of the City of Visalia considered the Change of Zone in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia 262
Ordinance No. 2023-04
based on evidence contained in the staff report and testimony presented at the public hearing, and recommended approval of said Change of Zone; and,
WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2022-44 recommending approval of Change of Zone No. 2022-02; and, WHEREAS, the City Council of the City of Visalia , after ten days published notice, held a public hearing for Change of Zone No. 2022-02 on May 1, 2023.

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and NOW, THEREFORE, BE IT RESOLVED the City Council concurs that the project is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, THEREFORE, BE IT RESOLVED , the City Council of the City of Visalia approves Change of Zone No. 2022-02, as shown on Attachment “ A” of this Ordinance, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17. 44.090 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:

1. That the Change of Zone is consistent with the intent of the General Plan, Zoning Ordinance, and 2005 Visalia Public Cemetery District Land Use Plan, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements Citywide.

2. That the proposed QP (Quasi Public) zoning is consistent with the Public Institutional land use designation and compatible with adjacent land uses.

3. The reclassification of residential property to Quasi-Public will not have a negative impact on the City’s housing stock as none of the sites proposed for reclassification are listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

5. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment. 263
Ordinance No. 2023-04

ZONING MAP
Existing Zoning
Designation
ATTACHMENT “A”

AN ORDINANCE OF THE CITY COUNCIL

AMENDING THE ZONING MAP AS FOLLOWS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1: The Zoning Map is hereby amended as follows:

264
Ordinance No. 2023-04

ZONING MAP
Proposed Zoning
Designation
265
Ordinance No. 2023-04
Section 2: This property and Zoning Map of the City of Visalia is hereby amended to show said property changes.

Section 3: This Ordinance shall take effect thirty days after passage hereof.

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093-062-009
LEGEND

CEMETERY OWNED

AND CURRENT ZONE-

QUASI PUBLIC

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

W G O S H E N A V E

N D U D L E Y S T

N G I D D I N G S S T

W G R O V E S T

W A L L E N A VE

W R O O S E V E L T A V E

W S A D Y C T

N R I N A L D I S T

W G R O V E S T

W R O O S E V E L T

N G I D D I N G S S T

N P A R K S T

N T U R N E R S T

H O U S T O N

E L E M E N T A R Y

S C H O O L
NORTH

N J A C O B S T

BOUNDARY LINE

DEPICTS CEMETERY

MASTER PLAN

MILLERS
CHAPEL
093-062-007
093-062-006
093-062-026 093-062-027
093-073-002
093-073-018
093-073-015
093-073-006
093-073-010
093-073-009
093-073-008
093-073-011
093-073-012
093-083-001
093-083-002
093-083-003
093-083-027
093-083-025
093-083-016
093-083-015
093-083-014
093-083-013
093-083-032
093-083-033
093-062-012 093-111-002
093-101-001
093-091-030
093-083-028 093-083-030
093-083-029
093-091-031
093-091
-004
093-091
-003
093-091
-006
093-091
-007
093-103-002
093-103-014
093-103-001
093-112-021

E X I S T I N G M A S T E R P L A N B O U N D A R Y

BOUNDARY LINE

DEPICTS PROPOSED

MASTER PLAN

EXPANSION

PROPOSED MASTER

PLAN EXPANSION
093-062-016
093-062-015

PROPOSED MASTER

PLAN EXPANSION

ZONE CHANGE TO QP
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829
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SITE PLAN PD-2
1" = 160'-0"2 SITE PLAN -
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NORTH
604 618 704 706700 808 916 918
1410
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1430

N R I N A L D I S T

W S A D Y C T

W G O S H E N A V E
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N T U R N E R S T

W A L L E N A V E

PROPOSED ENTRANCE/

EXIT DRIVEWAY

CURB, GUTTER, SIDEWALK
10' - 0" 20' WIDE DRIVE LANE
LEGEND

CEMETERY OWNED

AND ZONED QP

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

N G I D D I N G S S T

N P A R K S T

W R O O S E V E L T A V E

N G I D D I N G S S T

ENTRANCE

EXISTING OFFICE

EXISTING

MAUSOLEUM

EXISTING CHAPEL

EXISTING

MAUSOLEUM

PROPOSED INTERNAL

DRIVE LANES
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10001421
20' - 0"10' - 0"
SITE

IMPROVEMENT

N RINALDI ST

CEMETERY

DRIVE LANE

CONCRETE CURB

CONCRETE SIDEWALK

PLANTER

PRIVACY FENCE
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829
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SPR SUBMITTAL 10/21/2022
SPR E-SUBMITTAL 02/13/2023

CEMETERY
IMPROVEMENT PD-1
1" = 10'-0"1

CURB, GUTTER & SIDEWALK

IMPROVEMENT
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Operations Statement

The Visalia Cemetery District’s Mission is to provide burial services to families in a respectful and dignified manner. To achieve this goal, we need to expand the burial grounds providing various options for cremation and full body burial.

Noted on the site plan provided several of the lots are already zoned QP and our request is to bring the other lots into conformance with the 2005 Visalia Cemetery District Land Use Plan. We shall be able to expand the burial grounds as well as adhere to the 300 lineal feet of frontage which is allowed by code for burial sites. A list of Cemetery District owned properties by APN# is attached. The cemetery is not proposing a lot merger as their existing properties are not merged.

Also, as the cemetery expands, we need to enhance the internal circulation. We would install 1 thru driveway to Rinaldi noted on plans as “proposed driveway Entrance/Exit. This allows for funeral processions to arrive on site without all of them entering at the main gate to the south (Giddings). The cemetery already has south and east gates. Additionally, a new internal driveway as well as a driveway paralleling Rinaldi would be added to improve internal circulation.

The 2030 Long Range Land Use Plan Boundary does not fully extend beyond Turner. We are requesting that the Master Plan be extended as shown on the Site Plan as depicted in Blue. With the current data available there is enough capacity for about 8 years.

More than 90% of the current capacity is on the west side ( Rinaldi) of the cemetery. The available burial spaces currently are 1,007 full body spaces and 450 ash spaces. Expanding to the east side (Turner) is necessary to coordinate daily burials . The cemetery needs to have 270
options for families to select sites in different quadrants of the cemetery. This would allow families time for the burial process without interruptions from the next procession. Our current plan would force our families to either overlap which is not an option, pick a different day or to change the time. This becomes very difficult when coordinating with different mortuaries and is also very difficult for our staff. Families like to witness the burial process until the last piece of sod is placed. The service may only last 30 – 45 minutes but if they would like to witness it could take another hour and a half to finish the process. Having different areas of the cemetery available helps us give the public options.

Expanding burial sites to another quadrant allowing for multiple site locations within the Cemetery for burials. Expanding into these areas is in the intent of expansion for the cemetery. It appears by expanding these boundaries would be more consistent than the existing plan as it draws a definitive line especially along Rinaldi and to the east of Turner.

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1 PLANNING COMMISSION AGENDA

CHAIRPERSON: VICE CHAIRPERSON:

Marvin Hansen Adam Peck COMMISSIONERS: Mary Beatie, Chris Gomez, Chris Tavarez, Adam Peck, Marvin Hansen MONDAY, MARCH 27, 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. Finding of Consistency No. 2023- 02: A request by the C alifornia Water Service Company to amend the one million-gallon capacity water tank height and width dimensions as depicted with the previously approved Conditional Use Permit (CUP) No. 2012-09. The project site is located at the northeast corner of East Race Avenue and North McAuliff Street (Address: N/A) (APN: 103-320-056).

6. PUBLIC HEARING – (Continued from March 13, 2023) Cristobal Carrillo, Associate Planner a. General Plan Amendment No. 2022- 01: A request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to c hange the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional. The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093- 062-006, 007, 015, 016, 026, 027, 093- 073-002, 010, 093- 083-013, 014, 015, 016, 025, 093- 102- 001, 002, 093 -112-021). The requested action is considered exempt under Section

285
Planning Commission Agenda, Monday, March 27, 2023
2 15061(b)(3) of the State Guidelin es for the California Environmental Quality Act (CEQA). A Notice of Exemption No. 2022-42 has been prepared for the project.

b. Change of Zone No. 2022- 02: A request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels total ing 3.33 acres from R -1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi -Public), and to change the zoning designation of one parcel totaling 0.24 acres from R -M-2 (Multi- Family Residential, 3,000 sq. ft. minimum site area per dw elling unit) to QP (Quasi - Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093- 083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021). The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption No. 2022-42 has been prepared for the project.

c. Conditional Use Permit No. 2023-02: A request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005-08, permitting the expansion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N.

Turner Street (APNs: 093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022). The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption No. 2022-42 has been prepared for the project.

7. REGULAR ITEM – Paul Bernal, Community Development Director Planning Division Fee Amendments: Consideration of amendments to the Planning Division fees for the 2023-2024 fiscal year as contained in City of Visalia Fee Resolution No. 2023-

12. The requested action is considered exempt under Section 15273 of the Calif ornia Environmental Quality Act. A Notice of Exemption No. 202 3-13 has been prepared for the project.

8. CITY PLANNER/ PLANNING COMMISSION DISCUSSION –
a. 2022 Housing Element Annual Progress Report (full report available on March 20, 2023 Council Agenda).
b. Residential Sites Inventory Mapping Exercise Available c. Housing Element Community Workshop #2 presentation is available on project website.

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. Ac equia Visalia, CA 93291, during normal business hours.

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Planning Commission Agenda, Monday, March 27, 2023
3 APPEAL PROCEDURE
THE LAST DAY TO FILE AN APPEAL IS THURSDAY, APRIL 6, 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, APRIL 10, 2023 287

REPORT TO CITY OF VISALIA PLANNING COMMISSION

HEARING DATE: March 27, 2023 (continued from the February 27, 2023 and March 13, 2023 Planning Commission meetings)

PROJECT PLANNER: Cristobal Carrillo, Associate Planner
Phone: (559) 713-4443
Email: [email protected]

SUBJECT: General Plan Amendment No. 2022-01: A request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, a nd to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional . The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 N orth Rinaldi Street, 1410, 1420, 1430 W est Sady Avenue, 816, 1004 North Turner Stre et (APNs: 093 -062-006, 007, 015, 016, 026, 027, 093- 073-002, 010, 093- 083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021).

Change of Zone No. 2022-02: A request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi-Public), and to change the zoning designation of one parcel totaling 0.24 acr es from R-M-2 (Multi- Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP (Quasi- Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Aven ue, 816, 1004 North Turner Street (APNs: 093 -062-006, 007, 015, 016, 026, 027, 093- 073- 002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021).

Conditional Use Permit No. 2023-02: A req uest by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005- 08, permitting the expans ion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010 , 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).

STAFF RECOMMENDATION
General Plan Amendment No. 202 2-01: Staff recommends that the Planning Commission recommend that the Visalia City Council approve General Plan Amendment No. 2022-01, based on the findings in Resolution No. 2022- 43. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan and Zoning Ordinance.

Change of Zone No. 2 022-02: Staff recommends that the Planning Commission recommend that the Visalia City Council approve Change of Zone No. 2022 -02, based on the findings in Resolution No. 2022-44. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan and Zoning Ordinance.

Conditional Use Permit No. 2023 -02: Staff recommends approval of Conditional Use Permit No. 2023-02, as conditioned, based on the findings and conditions in Resol ution No. 2023-07.

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Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning Ordinance, and Visalia Public Cemetery District master plan.

RECOMMENDED MOTION
I move to recommend approval of General Plan Amendment No. 2022-01, based on the findings in Resolution No. 2022-43.

I move to recommend approval of Change of Zone No. 20 22-02, based on the findings in Resolution No. 2022-44.

I move to adopt Resolution No. 2023-07 approving Conditional Use Permit No. 2023-02.

PROJECT DESCRIPTION
General Plan Amendment No. 2022- 01 and Change of Zone No. 2022 -02 together a re a request by the Visalia Pub lic Cemetery District to change the general plan land use and zoning designations of 16 parcels as described below:
• 15 properties tota ling 3.33 acres from Low Density Residential / R-1-5 (Single Family Residential, 5,000 sq uare foot minimum site area) to Public Institutional / QP (Quasi - Public).
• One property totaling 0.24 acres from Residential Mediu m Density / R- M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit ) to Public Institutional / QP (Quasi-Public).

Properties to be reclassified are identified in the Site Plans in Exhibit “A”. Per the Operational Statement in Exhibit “ B”, the reclassification to Public Institutional / QP is requested to permit usage of the parcels for cemetery operations and burial sites, activities which are prohibited in residential zones but are conditionally permitted in the QP zone. All 16 sites proposed for reclassification are owned by the Cemetery District.

As depicted in the Phasing Plan in Exhibit “A”, if the project is approved, the Cemetery District would begin utilizing rezoned properties under its ownership within the “ current phase” immediately. The “current phase” consists of those sites at the southwest quadrant of the cemetery, east of North Rinaldi Street, between West Goshen Avenue and West Grove Street .

The remaining sites under Cemetery District ownership would be developed over the span of two to 10 years for the sites south of Sady Court/Allen Avenue, and longer for C emetery District owned sites north of those streets. The use of some cemetery owned and rezoned properties is also affected by limitations applied to the original master plan document (Conditional Use Permit No. 2005-08). This aspect of the project is discussed in further detail in the “2005 Visalia Public Cemetery District Land Use Plan” section of the staff report.

Eight of the properties to be reclassified are vacant, including the sole R-M-2 site, located at the northeast corner of West Goshen Avenue and North Rinaldi St reet. The remaining eight parcels contain single or multi-family development , encompassing a total of 15 residential units. Note that nine of the 15 units are within an existing multi-family complex located at the northeast corner of North Rinaldi Street and West Sady Cour t. Per the applicant, there is no s et date for when existing residential uni ts on Cemetery District owned propert ies will be removed , as it is dependent on burial trends and compliance with conditions of the master plan. T he applicant notes that demolition of residential structures would occur over a l ong period of time at staggered intervals, so as to prevent the sudden loss of all 15 units. 289

Conditional Use Permit No. 20 23-02 is a request to expand the master plan boundary of the Visalia Public Cemetery that was es tablished in 2005 via Conditional Use Permit No. 2005- 08.

The master plan boundary establishes areas in which the Cemeter y District can acqui re property for the eventual expansion of the Visalia Public Cemetery.

The existing and propos ed master plan boundar ies are depicted in Exhibit “A” (shown above).

Expansion would encompass 13 properties totaling 2.8 acres . Twelve of the properties are located on the east side of North Turner Street, between West Allen Avenue and West Roosevelt Avenue, and contain single-family residences. Only one property within this proposed expansion area (1004 North Turner Street) is currently owned by the Cemetery District. The 13th site is located sou th of the cemetery at 1304 West Goshen Avenue and contains the still- in- operation Visalia Granite and Marble Works.

Per the Operational Statement in Exhibit “B”, expansion is necessary for the Cemetery District to keep pace with community demand, and maintain sufficient area to allow for multiple services to occur without disruption between i ndividual parties . Data submitted by the Cemetery Dis trict EXHIBIT “A”
290

notes that available burial sites amount to 1,007 full body space s and 450 ash spaces . The current a vailability is sufficient to serve the public for another eight years. Expansion of the master plan boundary will assist in increasing capacity, allowing the cemetery to offer services in a wider geo graphical area, for a longer period of time. The proposed expansion area is also designed to maintain a concentric growth pattern in line with previous expansions. Please note, per the applicant, the Cemeter y District only attempts to acquire properties within the master plan boundary when they are put up for sale. Properties are purchased at fair market value and mechanisms such as eminent domain have never been employed to acquire properties.

Additional circulation improvements within the cemetery are also proposed and are discussed in further detail within the “Access and Circulation” section of this report. The original land use plan and master plan boundary map approved via Conditional Use Permit No. 2005 -08 are included as Exhibits “C” and “D”.

BACKGROUND INFORMATION
General Plan Land Use Designation Public Institutional , Residential Low Density, Residential Medium Density
Zoning QP (Quasi Public) , R-1-5 (Single-Family Residential , 5,000 sq. ft. minim um site area) , R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per
dwelling)
Surrounding Zoning and Land Use North: R-1-5, QP / Houston Elementary School, single-family residences.

South: C-MU (Mixed Use Commercial), R-M-3 (Multi-
Family Residential, 1,200 sq. ft. minimum site
area per dwelling) / Service commercial uses,
single and multi -family residences, Union
Pacific Railroad.

East: R-1-5, R -M-2 / Single and multi -family
residences.

West: R-1-5, R-M-2 / Single and multi -family
residences
Environmental Review: Categorical Exemption No. 2022-42 Site Plan: Site Plan Review No. 2022-129

RELATED PROJECTS
The Visalia Public Cemetery District previously requested an ex pansion to its faci lities in 2005 via the following projects:

General Plan Amendment No. 2005- 04, a request to change the general plan land use designations on approximately two acres from Low Density Residential, Medium Density Residential, High Density Residential and Shopping Office Commercial to Public Institutional.

Change of Zone No. 2005 -03, a request to change the zoning on approximately 2 acres from R-1-6, R-M-2, R-M-3 and C-SO to QP (Quasi Public). 291

Conditional Use Permit No. 200 5-08, a request to allow the expansion of the existing cemetery, allow the relocatio n of an existing maintenance facility, and adopt a Master Plan for a cemetery in the QP Zone.

The proposal was approved by the Visalia Planning Commission on May 9, 2005 , and by the Visalia City Council on July 18, 2005.

PROJECT EVALUATION
Staff supports the requested General Plan Amend ment, Change of Zone, and Conditional Use Permit based on project consistency with the General Plan , Zoning O rdinance, and Visalia Public Cemetery District master plan.

General Plan Consistency and Land Use Compatibility
Land Use Element/General Plan/Zoning
The Land Use Element of the 2014 V isalia General Plan does not include specific objectives or policies related to the cemetery . Sec tion 2 .13 (Institutional & Civic) of the Land Use Element only refers to cemeteri es as “ …important elements of community -building.” Visalia Municipal Code Chapter 17.52 ( Quasi-Public Zone) notes that the QP zone is appropriate “…to allow for the location of institutional, academic, community service , governmental , and nonprof it uses .” The Publi c Institutional land use designation and QP zoning classification are seen as appropriate classifications for the project sites as they will be employed for burial purposes, a service of universal public utility with importance in the community as a place of mourning and remembrance.

Housing Element
The proposal will result in the reclassific ation of 16 cemetery owned properties fr om residential zonings to a QP zon ing. There are 15 active residences on th e project sites to be rezoned, which will eventually be removed by the Cemetery Dis trict should the proposal be approved.

Expansion of the master plan boundary will affect 12 existing single-family residences located along the east side of Turner Street between Roosevelt and Allen Avenues. However, since only one property within that area is owned by the Cemetery District (1004 North Turner Street) , no immediate impact s are expected on the existing hous ing units located within th e proposed expansion area of the Cemetery District master plan.

The 2020-2023 City of Visalia Housing Element was adopted by the Vi salia City Council on December 3, 2019. The Housing Element provides policies encouraging housing affordability and identifies sites for the development of affordable housing. None of the sites listed in t he project proposal are identified in the Housi ng E lement site inventory list , nor are they deed restricted for affordability. As such , the Housing Element does not contain policies that would restrict demolition of housing on the project sites . As it stan ds, VMC regulations would not prohibit the demolition of residential u nits, even on multifamily proper ties, if a property owner chose to remove them. So, while the proposal would represent a reduction in the housing stock of the area, existing regulations and policies do not prohibit its removal. Furth ermore, the resulting reduction in housing would not cause a significant change to the City’s housing stock.

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2005 Visalia Public Cemetery District Land Use Plan
Land Use Plan Consistency
The land use plan and boundary maps ( i.e., master plan) previously approved in 2005 are included as Exhibits “C” and “D”. The current proposal to amend the master plan is largely in conformance with the original master plan. The 2005 master plan encourages the reclassification of sites acquir ed by the Cemetery District to QP / Public Institutional. Fifte en of the 16 sites currently proposed for reclassification are located within the 2005 master plan boundaries. The sole parcel located outside of the 2005 master plan boundary (1004 North Turner Street) is th e impetus for the master plan boundary expansion (CUP) proposed today.

Four of the 16 properties proposed for reclassification (919 West Allen Avenue, 706 and 808 North Rinaldi Street, and 816 North Turner Street) were also identified in the original land use plan as “highest priority for acquisition”.

No changes to the policies in the original land use plan are proposed. As such, the CUP request is considered appropriate as it is largely consistent with the land use plan, directs growth in a concentric fashion, and facilitates increased services to the public over a longer period of time.

Land Use Plan Conditions of Approval
When the Cemetery District land use plan was approved in 2005, a number of conditions were applied vi a Planning Commission Resolution No. 20 05-037 to prevent disorderly growth and impacts to occupants of residences adjacent to cemetery owned properties. The conditions are as follows:
• That a minimum of 300 contiguous feet of frontage along Rinaldi Avenue s hall be acquired and developed by the Cemetery in order to conduct routine cemetery operations and burial plots on properties adjacent to the street. (Condition No. 1) • That burial plots shall not be placed in single parcels or narrow gaps between active residential units. (Condition No. 3)
• That the Cemetery District shall amend their Master Plan (CUP No. 2005- 08) or apply for a “Finding of Consistency” from the Planning Commission prior to the acquisition of properties not within the proposed 20 Year Master Plan area. (Condition No. 4) The land use reclassification and master plan boundary expansion will bring existing Cemetery District owned properties into conformance with the overall cemetery complex and will assist in removing instances of spot zoning ar ound the cemetery perimeter. Rec lassification will also allow for use of the southwest quadrant of the cemetery for operations, as sufficient frontage will now be available to comply with the 300 -foot contiguous frontage requirement. However, the proposal also has the effect of bringing other non- cemetery owned properties into closer proximity with cemetery operations. A s such, there remains a need to carry over the above conditions to the new Conditional Use Permit. Staff recommends the following revisions to the conditions in the new Pl anning Commission Resolution No. 2023- 007, so that they can address existing circumstances, namely expansion of the Cemetery District into Turner Street:
• That parcels owned and/or acquired by the Visalia Public Cemetery D istrict along Rinaldi Avenue and Turner Street shall have a combined minimum of 300 feet of contiguous frontage along said street prior to the conducting of routine cemetery operations and burial plots on those properties adjacent to the street. (Condition No. 2). • That burial plots shall not be placed in single parcels or narrow gaps (defined as having a lot width of 50 feet or less) between active residential units. (Condition No. 3) 293

• That the Visalia Public Cemetery District shall amend their master plan prior to the acquisition of properties not within the master plan boundary map in Exhibit “A.” (Condition No. 4)
While application of the revised conditions won’t completely prevent cemetery operations from occurring adjacent to active residential units, they will prevent undue expansion of the cemetery complex, and prevent an active residence from being completely surrounded by cemetery operations.

Access and Circulation
Per Exhibit “A”, the proposal includes enhancement of internal cemetery circulation through the addition of a 20- foot-wide drive aisle and vehicular access drive along North Rinaldi Street, at the southwest cemetery quadrant (see figure below) . Per the Phasing Plan in Exhibit “A”, the improvements will be installed immediately upon approval of the reclassification/boundary expansion project. The access aisle proposed along Rinaldi Street complies with development standards listed in the circulation section of the land use master plan.

The new vehicular driveway approach proposed along Rinaldi Street is not identified in the 2005 master plan. However, the addition is considered in keeping with the master plan, its design standards, and the established circulation layout of the cemetery. The addition provi des a fourth entry point for the cemetery and will assist in preventing bottlenecks at the Giddings/Goshen main entrance, in particular when multiple services occur onsite.

It is anticipated that West Sady Court, between North Rinaldi Street and the cemetery , and North Turner Street, between West Roosevelt Avenue and 355 feet south of Grove A venue, may require future right s-of-way abandonment upon further acquisition of properties by the Cemetery District. However, abandonment processes are not proposed with this action, as the Cemetery District has no immediate plans for those areas. Please note that abandonment of a public street is a separate process that requires approval by the Visalia City Council.

294

Public Comment
Public comment in opposition to the proposal was submitted by David Dye , property owner of 814 North Rinaldi Street, and is included in Exhibit “E”. Mr. Dye’s property is currently within the master plan boundaries but i s not proposed for reclassification at this time. Mr. Dye notes that cemetery growth in the area has negatively affected the “community spirit” of the area, and has the effect of preventing investment in the neighborhood by property owners. Mr. Dye states that it feels like acquisitio n of his property by the Cemetery District is an eventuality. Mr. Dye also notes that the Cemetery District should instead address decreasing space issues through the acquisition of a second cemetery site.

As noted above, the property at 814 North Rinaldi Street is located within the boundary area of the 2005 master plan. Proposals for ex pansion of the master plan boundary w ould only affect areas along North Turner Street and West Goshen A venue. Nothing in the master plan mandates that property owners sell their prop erty to the Cemetery District. And as the applicant has stated, the Cemetery District has not used forcible means to acquire property.

Environmental Review
The requested action is considered exempt under Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exem ption has been prepared for the project because Section 15061 (b) (3) stat es that the project is exempted from CEQA if the activity is covered by th e common-sense exemption, which means that CEQA app lies only to projects that have the potential for causing a signific ant effect on the environment. Wher e it can be seen with certainty that ther e is no possibility that the activi ty in question may have a significant effect on the environment, the activity is not subject to CEQA.

The proposed master plan boundary expansion, change in land use designation, and change in zoning classification will no t in and of themselves have any effect on the environment. All proposals represent changes in administrative categorization with no physical effects.

RECOMMENDED FINDINGS
General Plan Amendment No. 2022-01

1. That the proposed General Plan Amendment is consistent with the goals, objectives, and policies of the General Plan, and is not detrimental to the public healt h, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed General Plan Amendment from Residential Low Density and Residentia l Medium Density to Public Institutional is compatible with adjacent land use s and is consistent with the goals and policies of the 2005 Visalia Public Cemetery District Land Use Plan.

4. That the project is exempt from further review under the California Env ironmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense ex emption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment. 295

Change of Zone No. 2022-02

2. That the proposed QP (Quasi Public) zoning is consistent with the Public Inst itutional land use designation and compatible with adjacent land uses.

3. The reclassification of residential property to Quasi-Public will not have a negative impact on the City’s housing sto ck as none of the sites proposed for reclassification are listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061 (b)(3) (common sense exemption) , as t he proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment.

Conditional Use Permit No. 2023-02

1. That the proposed project 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 co nditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
• The proposed location of the conditional us e permit is in accordance with the objective s of the Zoning Ordinance and the purposes of the zone in which the site is located. • The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detr imental to the public heal th, safety, or welfare, nor materially injurious to properties or improvements in the vicinity.

3. That the property at 1004 North Turner Street , which is owned by the Cemetery District and not currently located within the master plan boundary, will be brought into conformance with the master plan through inclus ion within the expanded master plan boundary requested herein.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (c ommon sense exemption) , as the proposed master plan boundar y expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment.

RECOMMENDED CONDITIONS OF APPROVAL
General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 There are no recommended conditions of approval for the General Plan Am endment or the Change of Zone.

Conditional Use Permit No. 2023-02

1. That the project be developed in compliance with the site plans shown in Exhibit “A” , operational statement in Exhibit “B”, and land use plan in Exhibit “C”. 296

2. That parcels owned and/or acquired by Visalia Public Ceme tery District along Rinaldi Avenue and Turner Street shall have a combined minimum of 300 feet of contiguous frontage along said street prior to the conduct ing of routine cemetery operations and burial plots on those properties adjacent to the street.

3. That burial plots shall not be placed in single parcel s or narrow gaps between active residential units.

4. That the Visalia Public Cemetery District shall amend their master plan prior to the acquisition of properties not within the master plan boundary map in Exhibit “A.”

5. That all other conditions of Conditi onal Use Permit No. 20 05-08 shall be applicable unless superseded by conditions in Conditional Use Permit No. 2023-02.

6. That the Conditional Use Permit No. 2023- 02 shall be null and void unless General Plan Amendment No. 2022-01 and Change of Zone No. 2022- 02 are approved by the City of Visalia.

7. That all applicable federal, state and city laws, codes and ordinances be met.

APPEAL INFORMATION
General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 For General P lan Amendment No. 2022- 01 and Change of Zone No. 2022- 02, the Visalia Planning Commission’s recommendations are advisory only and will be forwarded to the Vis alia City Council. The final decision on these matters will be made by the Visalia City Council during a public hearing. Therefore, the Planning Commission’s recommendations for the General Plan Amendment and Change of Zone are not appealable.

Conditional Use Permit No. 2023-02
According to the City of Visalia Z oning Ordinance Section 17.02.145, an appeal to the City Council may be submitted wit hin 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 California. The appeal shall specify errors or abuses of discretion by the Planning Commission, or deci sions not supported by t he evidence in the record. The appeal form can be found on the city’s website www.visalia.city or f rom the City Clerk.

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Attachments:
• Related Plans and Policies
• Resolution No. 2022-43 (General Plan Amendment)
• Resolution No. 2022-44 (Change of Zone)
• Resolution No. 2023-07 (Conditional Use Permit)
• Exhibit “A” – Site Plans and Phasing Exhibit
• Exhibit “B” – Operational Statement
• Exhibit “C” – 2005 Visalia Public Cemetery District Land Use Plan • Exhibit “D” – 2005 Visalia Public Cemetery District Master Plan Boundaries • Exhibit “E” – E-mail from David Dye
• Environmental Document No. 2022-42
• Site Plan Review No. 2022-129 Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map
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RELATED PLANS AND POLICIES

VISALIA MUNCIPAL CODE – TITLE 17 (ZONING)
Zoning Ordinance Chapter 17 - RESIDENTIAL ZONE

17.12.010 Purpose and intent.

In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one- family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.

17.12.015 Applicability.

The requirements in this chapter shall apply to all property within R-1 zone districts.

17.12.020 Permitted uses.

In the R-1 single-family residential zones, the following uses shall be permitted by right:

A. One-family dwellings;
B. Raising of fruit and nut trees, vegetables and horticultural specialties; C. Accessory structures located on the same site with a permitted use including private garages and carports, one guest house, storehouses, garden structures, green houses, recreation room and hobby shops;
D. Swimming pools used solely by persons resident 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; G. Twenty-four (24) hour residential care facilities or foster homes, for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provisions 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. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200; K. Adult day care up to twelve (12) persons in addition to the residing family; L. Other uses similar in nature and intensity as determined by the city planner; M. Legally existing multiple family units, and expansion or reconstruction as provided in Section

17.12.070.

N. Transitional or supportive housing for six (6) or fewer resident/clients.

O. In the R-1-20 zone only, the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling;
P. In the R-1-20 zone only, the raising of livestock, except pigs of any kind, subject to the exception of not more than two cows, two horses, four sheep or four goats for each site, shall be permitted; provided, that there be no limitation on the number of livestock permitted on a site with an area of ten acres or more and provided that no stable be located closer than fifty (50) feet to any dwelling on the site or closer than one hundred (100) feet to any other dwelling;
299

17.12.030 Accessory uses.

In the R-1 single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:

A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.12.100(B).

C. Cottage Food Operations subject to the provisions of Health and Safety Code 113758 and Section

17.32.035.

17.12.040 Conditional uses.

In the R-1 single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:

A. Planned development subject to the provisions of Chapter 17.26; B. 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; C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases; D. 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, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations, i.e., community water service wells; H. Communications equipment buildings;
I. Planned neighborhood commercial center subject to the provisions of Chapter 17.26; J. Residential development specifically designed for senior housing; K. Mobile home parks in conformance with Section 17.32.040; L. [Reserved.] M. 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 article and in which the private streets are designed and constructed to meet or exceed public street standards; N. Adult day care in excess of twelve (12) persons;
O. Duplexes on corner lots;
P. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family;
Q. Residential structures and accessory buildings totaling more than ten thousand (10,000) square feet; R. Other uses similar in nature and intensity as determined by the city planner.

S. Transitional or supportive housing for seven (7) or more resident/clients.

17.12.050 Site area.

The minimum site area shall be as follows:

Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:

300

Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way.

17.12.060 One dwelling unit per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J).

17.12.070 Replacement and expansion of legally existing multiple family units.

In accordance with Sections 17.12.020 legally existing multiple family units may be expanded or replaced if destroyed by fire or other disaster subject to the following criteria:

A. A site plan review permit as provided in Chapter 17.28 is required for all expansions or replacements.

B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single-family units in the neighborhood. Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review committee shall be subject to the appeals process set forth in Chapter 17.28.050.

C. Setbacks and related development standards shall be consistent with existing single-family units in the neighborhood.

D. Parking requirements set forth in Section 17.34.020 and landscaping requirements shall meet current city standards and shall apply to the entire site(s), not just the replacement unit(s) or expanded area, which may result in the reduction of the number of units on the site.

E. The number of multiple family units on the site shall not be increased.

F. All rights established under Sections 17.12.020and 17.12.070 shall be null and void one hundred eighty (180) days after the date that the unit(s) are destroyed (or rendered uninhabitable), unless a building permit has been obtained and diligent pursuit of construction has commenced. The approval of a site plan review permit does not constitute compliance with this requirement.

17.12.080 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front-loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) 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. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages.
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17.12.090 Side yards.

A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.

B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.

C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.

D. On corner lots, all front-loading garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.

E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review committee.

F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots.

This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.

17.12.100 Rear yard.

In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:

A. On a corner or reverse corner lot 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. The remaining side yard to be a minimum of five feet.

B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.

C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.

17.12.110 Height of structures.

In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).

17.12.120 Off-street parking.

In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34.

17.12.130 Fences, walls and hedges.

In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030.

Article 2. Accessory Dwelling Units
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17.12.140 Purpose and intent.

It is the purpose of this article to provide for the following:

A. To encourage a range of housing types, styles and costs to suit the varying needs and desires of the community;
B. To allow homeowners a means of obtaining, through tenants and accessory dwelling units, an additional source of income, companionship, security, and services; C. To add inexpensive rental units to the housing stock of the city; D. To create homeownership opportunities for moderate income households who might otherwise be excluded from the housing market, through the additional income derived from accessory dwelling units; E. Develop housing in single-family neighborhoods that is appropriate for a variety of stages in the household life cycle, thereby lessening fluctuations in neighborhood demand for public services; F. Protect the stability, property values, and character of single family residential neighborhoods by insuring that accessory dwelling units are subject to the standards that follow. (Ord. 2017-01 (part), 2017:

Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(A))

17.12.150 Definitions.

As used in this article, the following terms are defined in this section:
"Principal dwelling unit" means a single-family dwelling unit situated on a residential lot in the A or R-1 zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added. "Accessory dwelling unit" means an additional dwelling unit having separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a single-family dwelling on a residential lot in the A or R-1 zones. Accessory dwelling units may also be efficiency units, as defined in Section 17958.1 of the health and Safety code, and manufacturing homes, as defined in Section 18007 of the Health and Safety Code.
"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003:

Ord. 9717 § 2 (part), 1997: prior code § 7283(B))

17.12.160 General provisions.

An accessory dwelling unit may be established by the conversion of an attic, basement, garage (if alternative parking area is provided for the principal dwelling unit), or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction. Second dwelling units may be mobile homes, provided that such units are subject to all applicable standards of Section 17.32.110 , governing the placement of mobile homes on
single-family lots. All applications for accessory dwelling units, whether processed as a permitted use or an exception, must comply with the general provisions stated below:

A. Accessory dwelling units shall only be allowed on lots located in the A and R-1 zones; B. In no case shall more than one accessory dwelling unit be placed on the same lot or parcel; C. Second dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places;
D. Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area;
E. A covenant running with the land between the city and the applicant shall be recorded with the Tulare County recorder prior to the issuance of any building permits requiring that the primary or the proposed accessory dwelling unit shall be occupied by the owner of record; F. The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit by size, location and appearance;
G. The second unit's scale, appearance and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences; 303

H. In no case shall any accessory dwelling unit be approved on a site on which the principal dwelling unit has been the subject of a garage conversion pursuant to the regulations of Section 17.32.140 governing such conversions.

I. Size. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty (320) square feet in living area. An efficiency unit shall not be less than one hundred fifty (150) square feet in living area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code;
J. Access. Doorway access shall be provided either to the side or rear of the second housing unit; K. Utility Services. Second housing units shall be provided with water, sewer, and other utilities as determined by the building official. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(C))

17.12.170 Process.

The city planner shall approve or deny accessory dwelling unit requests based upon the specified requirements. The applicant may appeal the decision of the city planner 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, 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 planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(D))

17.12.180 Development requirements.

The following development requirements shall apply to accessory dwelling units:

A. The increased floor area of the second unit shall not exceed twelve hundred (1,200) square feet or ) fifty (50) percent of the main dwelling unit, whichever is greater, and shall be used as an accessory to the primary single family home.

B. Adequate parking area must be available on the streets adjacent to the accessory dwelling unit. If adequate on-street parking is not available in the immediate vicinity, or in the case of all second units located on cul-de-sac lots, one additional off-street parking space must be provided. Tandem parking shall not be deemed as meeting the above parking requirement. The additional parking space shall be waived if in any of the following instances:

1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car share vehicle located within one block of the accessory dwelling unit.

C. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

D. Detached accessory dwelling units are subject to all applicable standards for accessory structures, as stated in the development requirements for the underlying zone, unless a variance has been granted pursuant to Chapter 17.42
. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(E))

17.12.190 Appeals.

The applicant may appeal the decision of the city planner 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, 304

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 planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(F))

17.12.200 Existing nonconforming accessory dwelling units.

An existing accessory dwelling unit situated on a lot or parcel in the A or R-1 zones shall constitute a violation of this title unless: (1) the unit meets the standards and criteria of Chapter 17.12, and an agreement is recorded; or (2) the accessory dwelling unit qualifies as a permitted nonconforming use and structure under the provisions of Chapter 17.40. No enlargement of habitable space shall be allowed unless the standards and criteria of Chapter 17.12 are met. This shall not apply to maintenance of the unit. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(G))

Zoning Ordinance Chapter 17.16 Multi-Family Residential Zones

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7290)

17.16.015 Applicability.

The requirements in this chapter shall apply to all property within R-M zone districts. (Ord. 2017-01 (part), 2017)

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 eighty (80) dwelling units per site; 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;
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K. Other uses similar in nature and intensity as determined by the city planner; L. Transitional housing or supportive housing as those terms are defined in Section 17.04.030; 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 thirty-five (35) units per gross acre in the R-M-3 zone district.

N. Senior citizen residential developments, meeting city standards and having a density in the Medium Density Residential range of ten (10) to fifteen (15) housing units per acre in the R-M-2 zone district or having a density in the High Density Residential range of fifteen (15) to thirty-five (35) housing units per acre in the R-M-3 zone district;
O. Employee housing as defined in California Health and Safety Code Section 17008. (Ord. 2020-09 (part), 2020; Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012:

Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30, 1996: prior code § 7291)

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; C. Cottage food operations that meet all the requirements contained in Health and Safety Code Section 113758 and those stated in Section 17.32.035;
D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200. (Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7292)

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;
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I. Mobile home parks, meeting regulations specified in Section 17.32.040 and having a density in the Medium Density Residential range of ten (10) to fifteen (15) housing units per acre in the R-M-2 zone district or having a density in the High Density Residential range of fifteen (15) to thirty-five (35) housing units per acre in the R-M-3 zone district;
J. More than eighty (80) units per site;
K. Boarding houses and residential motels;
L. Twenty-four (24) hour residential care facilities or foster homes for more than six (6) individuals in addition to the residing family;
M. Adult day care in excess of twelve (12) individuals; N. Planned developments may utilize the provisions of Chapter 17.26; O. New one-family dwelling, meeting density identified in the general plan land use element designations;
P. Other uses similar in nature and intensity as determined by the city planner; Q. 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; R. Residential structures up to four stories in height in the R-M-3 Zone District when the proposed structure is adjacent to an R-1 Zone District.
(Ord. 2020-09 (part), 2020; Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012:
amended during 10/97 supplement: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7293)

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7294)

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7295)

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. (Ord. 2017-01 (part), 2017: Ord. 2004-20 (part), 2004: Ord. 9717 § 2 (part), 1997: prior code § 7297)

17.16.080 Side yards.
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A. The minimum side yard for a permitted or conditional use shall be five feet 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.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7298)

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:

17.16.090
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.

Through the site plan review process, consistency with this section may be determined for permitting purposes subject to the provisions of Section 17.28.050. (Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7299)

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 four (4) stories in the R-M-3 zone. Where an R-M-2 or R- M-3 site adjoins an R-1 site, the second and subsequent stories 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.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 2006-07 § 2 (part), 2006: Ord. 9717 § 2 (part), 1997: prior code § 7300)

17.16.110 Off-street parking.

Off-street parking shall be subject to the provisions of Chapter 17.34. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7301)

17.16.120 Fences, walls and hedges.

Fences, walls and hedges shall be subject to the provisions of Section 17.36.040. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7302)

17.16.130 Trash enclosures.
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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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7303)

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. (Ord. 2017-01 (part), 2017)

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997:
prior code § 7305)

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997:
prior code § 7306)

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7307)

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. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7308)

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. (Ord. 2017- 01 (part), 2017: Ord. 2006-11 § 1, 2006)

17.16.200 Signs.
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Signs shall be placed in conformance with Chapter 17.48. (Ord. 2017-01 (part), 2017)

Zoning Ordinance Chapter 17.52 Quasi-Public Zone

17.52.010 Purpose and intent.

The purpose and intent of the quasi -public zone is to provide a zone that is intended to allow for the location of institutional, academic, community service, governmental, and nonprofit uses. (Ord. 2017- 01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7630)

17.52.015 Applicability.

The requirements in this chapter shall apply to all property w ithin the QP zone district. (Ord. 2017- 01 (part), 2017)

17.52.020 Permitted uses.

Permitted uses in the quasi -public zone include 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 building, structures and facilities; public playgrounds, parks and community centers. Permitted uses also include wireless telecommunication facilities on parcels that are a minimum of five (5) acres, subject to the requirements of Section

17.32.163 (Regulation of Wireless Telecommunication Facilities) of the Visalia Zoning Ordinance. The keeping of household pets, subject to the definition of household pets set forth in Section 17.04.030.

Other uses similar in nature and intensity as deter mined by the city planner. (Ord. 2017- 01 (part), 2017:

Ord. 2015-01 § 3 (part), 2015: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7631)

17.52.030 Conditional uses.

Conditional uses in the quasi-public zone include:

A. Pu blic and quasi -public uses of an education 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, senior care facilities, senior housing; not including specialized hospitals, sanitariums, or nurs ing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases; C. Ambulance service;
D. Electric distribution substations;
E. Gas regulator stations;
F. Public service pumping stations;
G. Communications equipment buildings;
H. Wireless telecommunication facilities on parcels that are a less than five (5) acres subject to the Section 17.32.163 of the Visalia Zoning Ordinance;
I. Residential development specifically designed for senior housing; 310

J. Other uses similar in nature and intensity as determined by the city planner. (Ord. 2017- 01 (part), 2017: Ord. 2015-01 § 3 (part), 2015: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7632)
Conditional Use Permit – Zoning Ordinance Section 17.38

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 conditi onal use permits and to impose reasonable conditi ons upon the granting of such permits. (Prior code § 7525)

17.38.020 Application procedures
A. Application for a conditional use permit shall be made to t he 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.

B. The application shall be accompanied by a fee set by resolution of the city council sufficie nt to cover the cost of handling the application. (Prior code § 7526)

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 ex piration of twenty -four (24) mo nths a bu ilding permit is issued by the city and construction is commenced and dil igently pursued toward completion on the site which was the subject of the permit . A permit may be renewed for an addit ional 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 wit h the planning commission. The commission may grant or deny an applicat ion for renewal of a conditional use permit. In the cas e of a planned residential development, the recording of a final map and improvements thereto shall be deemed the sa me as a buildi ng permit in relation to this section. (Ord. 2001-13 § 4 (part), 2001: prior code § 7527)

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 co mply with the condition or conditions, a condit ional use permit shall be suspended automatically. The planning commission shall hold a publi c hearing within sixty (60) days, in accordance with the procedure pre scribed in S ection 17.38.080, and if not satis fied that the regulat ion, general provision or condition is being complied with, may revoke the permit or tak e such action as may be necessary to ins ure compliance with the regulation, general provision or condition. Appeals of the decision of the planning commission m ay be made to the city council as provided in Section 17.38.120. (Prior code § 7528)
311

17.38.050 New application
Following the denial of a c onditional 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 t he same site shall be filed wit hin one y ear fr om the date of denial or revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council. (Prior code § 7530)

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 w hich was the subject of the permit application subject to the provisions of Section 17.38.065. (Prior code § 7531)

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 temporar y uses or structures may be processed as administrative matters by the city planner and/or pl anning di vision 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 per iod not to exceed thirty (30) day s 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 t hat designated by the planning division. Appropr iate directional signing, barricades, fences or landscaping shall be pr ovided where required. A security officer may be required for promotional events.

3. Off-street parking fac ilities shall be prov ided on the site of each te mporary 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 te mporary conditional use per mit shall have all applicable lic enses 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 condi tional use permits may be g ranted for fruit and vegetable st ands on properties primarily within undeveloped agricultural areas. In reviewing applications for such stands, issues of traff ic safety and land use compatibility shall be evaluated and mitigation measures and conditions may be imposed to ensure that the s tands are built and are operated consistent with appropriate constructi on standards, vehicular access and off -street parking. All fruits and vegetables sold at such stands shall be grown by the ow ner/operator or purchased by said party directly from a grower/farmer.
312

C. The applicant may appeal an administrative decision to the planning commission. (Ord. 9605 § 30 (part), 1996: prior code § 7532)

17.38.080 Public hearing--Notice
A. The planning commissi on shall hol d 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 which is the subject of the hearing, and by publication in a newspaper of general circulation within the city. (Prior code § 7533)

17.38.090 Investigation and report
The planning staff shall make an inves tigation of the application and shall prepare a report thereon which shall be submitted to the planning commission. (Prior code § 7534)

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 p ertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or mai ntained, partic ularly 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. (Prior code § 7535)

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 evi dence submitted, the commission makes the following findings:

1. That the proposed location of the condi tional use i s 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 locati on of the conditional use and t he condit ions under which it would be operated or maintained will not be detriment al 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 lim ited time period, or may be granted subject to such conditions as the com mission 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. (Prior code § 7536)

17.38.120 Appeal to city council
The decision of the City planning commission on a c onditional use permit shall be subject to the appeal provisions of Section 17.02.145. (Prior code § 7537) (Ord. 2006-18 § 6, 2007)

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 upon the sixth working day following the granting of the conditional use permit by the planning commission if no appeal has been filed.(Prior code § 7539) 313

RESOLUTION NO. 2022-43

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF VISALIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2022-01: A REQUEST BY THE VISALIA PUBLIC CEMETERY

DISTRICT TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF 15 PARCELS TOTALING 3.33 ACRES FROM

RESIDENTIAL LOW DENSITY TO PUBLIC INSTITUTIONAL, AND TO CHANGE THE LAND USE DESIGNATION OF ONE PARCEL TOTALING 0.24 ACRES FROM RESIDENTIAL MEDIUM DENSITY TO PUBLIC INSTITUTIONAL. THE PROJECT SITES ARE LOCATED AT 919 WEST ALLEN AVENUE, 618, 700, 706, 808, 918, 1010 NORTH RINALDI STREET, 1410, 1420, 1430 WEST SADY AVENUE, 816, 1004 NORTH TURNER STREET (APNS: 093-062-006, 007, 015, 016, 026, 027, 093-073- 002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021)

WHEREAS, General Plan Amendment No. 2022-01 is a request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional. The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rina ldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093 -062-006, 007, 015, 016, 026, 027, 093 -073-002, 010, 093-083-013, 014, 015, 016, 025, 093 -102- 001, 002, 093-112-021); and
WHEREAS, the Planning Commission of the City o f Visalia, after duly published notice, held a public hearing before said Commission on February 27, 2023; and WHEREAS, at the February 27, 2023 Planning Commission meeting the item was removed from the meeting agenda due to project description errors discovered in the public hearing notice published in the Visalia Times -Delta newspaper. The Planning Commission continued the project to the March 13, 2023 Planning Commission meeting at the request of the applicant; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13, 2023 Planning Commission meeting the item was continued due errors in th e processing and mailing of public heari ng notices . The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commission of the City of Visalia, a fter duly publishe d notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission of the City of Visalia considered General Plan Amendment No. 2022-01 to be in accordance with Section 17.54.070 of the Zoning Ordinance of the City of Visalia and on the evidenc e contained in the staff report and testimony presented at the public hearing; and
314
Resolution No. 2022-43

NOW, THEREFORE, BE IT RESOLVED that the project is exem pt from further environmental review pursuant to CEQA Section 15061(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of General Plan Amendment No. 2022-01 based on the following specific findings and evidence presented:

1. That the proposed General Plan Amendment is consistent with the goals, objectives, and policies of the Gener al Plan, and i s not detrimental to the public healt h, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed General Plan Amendment from Residential Low Density and Residential Medium Density to Public Institutional is compatible with adjacent land uses and is consistent with the goals and policies o f the 2005 Visalia Public Cemetery District Land Use Plan.

3. The reclassification of residential property to public institutional will not have a negative impact on the City’s housing stock or Regional Housing Need Allocation as none of the sites proposed fo r reclassification are listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of General Plan Amendment No. 2022-01, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and unde r the provisions of Section 17.5 4.070 of the Ordina nce Code of the City of Visalia.
315
Resolution No. 2022-43

EXHIBIT “A”
GENERAL PLAN AMENDMENT NO. 2022-01
Planning Commission – Resolution No. 2022-43
Existing General Plan Land
Use Designation
316
Resolution No. 2022-43

Proposed General Plan Land
Use Designation
317

RESOLUTION NO. 2022-44

A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF VISALIA, RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 2022-02: A REQUEST BY THE VISALIA PUBLIC CEMETERY DISTRICT TO CHANGE THE ZONING DESIGNATION OF 15 PARCELS TOTALING 3.33 ACRES FROM R-1-5 (SINGLE FAMILY RESIDENTIAL, 5,000 SQ. FT. MINIMUM SITE AREA) TO QP (QUASI-PUBLIC), AND TO CHANGE THE ZONING DESIGNATION OF ONE PARCEL TOTALING 0.24 ACRES FROM R-M-2 (MULTI-FAMILY RESIDENTIAL, 3,000 SQ. FT.

MINIMUM SITE AREA PER DWELLING UNIT) TO QP (QUASI-PUBLIC). THE PROJECT SITES ARE LOCATED AT 919 WEST ALLEN AVENUE, 618, 700, 706, 808, 918, 1010 NORTH RINALDI STREET, 1410, 1420, 1430 WEST SADY AVENUE, 816, 1004 NORTH TURNER STREET (APNS: 093-062-006, 007, 015, 016, 026, 027, 093- 073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021)

WHEREAS, Change of Zone No. 2022-02 is a request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi -Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi- Family Residential, 3,000 sq. ft . minimum site area per dwelling unit) to QP (Quasi - Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093 -062-006, 00 7, 015, 016, 026, 027, 093 -073-002, 010, 093 -083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021); and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13, 2023 Planning Commission meeting the item was continued due errors in th e processing and mailing of public hearing notices . The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commission of the City of Visalia, a fter duly publishe d notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission of the City of Visalia considered Change of Zone No. 2022-02 to be in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff r eport and testimony presented at the public hearing; and

318
Resolution No. 2022-44

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15061(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of Change of Zone No. 2022-02 based on the following specific findings and evidence presented:

1. That the Change of Zone is consistent with the intent of the General Plan , Zoning Ordinance, and 2005 Visalia Public Cemetery District Land Use Plan , and is not detrimental to the public health, safety, or welfare, o r materially injurious to properties or improvements Citywide.

2. That the propo sed QP (Quasi Public) zoning is consistent with the Public Institutional land use designation and compatible with adjacent land uses.

3. The reclassification of residential property to Quasi-Public will not have a negative impact on the City’s housing stock as none of the sites proposed for reclassification are list ed on the Cit y’s sites in ventory list for Visalia’s Regional Housing Needs Allocation.

4. That the project is exempt from further revie w under the California Env ironmental Quality Act (CEQA) Guidelines section 15 061(b)(3) (common sense exemption) , as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselv es have an effect on the environment.

BE IT FURTHER RESOLVED that the Planning Commission of the C ity of Visalia recommends approval to th e City Council of Change of Zone No. 2022-02, as depicted per Exhibit “A”, on the real propert y described herein, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the O rdinance Code of the City of Visalia.
319
Resolution No. 2022-44

EXHIBIT “A”
CHANGE OF ZONE NO. 2022-02
Planning Commission – Resolution No. 2022-44

ZONING MAP
Existing Zoning
Designation
320
Resolution No. 2022-44

ZONING MAP
Proposed Zoning
Designation
321
Resolution No. 2022-39
RESOLUTION NO. 2023-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2023-02, A

REQUEST BY THE VISALIA PUBLIC CEMETERY DISTRICT TO AMEND CONDITIONAL USE PERMIT NO. 2005-08, PERMITTING THE EXPANSION OF THE

VISALIA PUBLIC CEMETERY DISTRICT MASTER PLANNED AREA,
ENCOMPASSING 13 PARCELS TOTALING 2.8 ACRES. THE PROJECT SITES ARE LOCATED AT 914 AND 920 W. ALLEN AVENUE, 1304 W. GOSHEN AVENUE, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, AND 1020 N. TURNER STREET (APNS: 093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022)

WHEREAS, Conditional Use Permit No. 2023-02, is a request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005 -08, permitting the expansion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093 -083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022); and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13, 2023 Planning Commission meeting the item was continued due errors in the processing and mailing of public hearing notices. The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 27, 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 in the staff report and testimony presented at the public hearing; and

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project 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 conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located.
b. The proposed location of th e conditional 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 property at 1004 North Turner Street, which is owned by the Cemetery District and not currently located within the master plan boundary, will be brought into conformance with the master plan through inclusion within the expanded master plan boundary requested herein.

4. That the proj ect is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classifica tion will not in and of themselves have an effect on the environment.

BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Conditional Use Permit on the real property here described in accordance with the terms of this resolution under the provisions of Section 17.38.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the project be developed in compliance with the site plans shown in Exhibit “A”, operational statement in Exhibit “B”, and land use plan in Exhibit “C”.

2. That parcels owned and/or acquired by Visalia Public Cemetery District along Rinaldi Avenue and Turner Street shall have a combined minimum of 300 feet of contiguous frontage along said street prior to the conducting of routine cemetery operations and burial plots on those properties adjacent to the street.

3. That burial plots shall not be placed in single parcels or narrow gaps between active residential units.

4. That the Visalia Public Cemetery District shall ame nd their master plan prior to the acquisition of properties not within the master plan boundary map in Exhibit “A.”

5. That all other conditions of Conditional Use Permit No. 2005 -08 shall be applicable unless superseded by conditions in Conditional Use Permit No. 2023-02. 323
Resolution No. 2023-07

6. That the Conditional Use Permit No. 2023 -02 shall be null and void unless General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 are approved by the City of Visalia.

7. That all applicable federal, state and city laws, codes and ordinances be met.

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093-062-009
LEGEND

CEMETERY OWNED

AND CURRENT ZONE-

QUASI PUBLIC

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

W G O S H E N A V E

N D U D L E Y S T

N G I D D I N G S S T

W G R O V E S T

W A L L E N A VE

W R O O S E V E L T A V E

W S A D Y C T

N R I N A L D I S T

W G R O V E S T

W R O O S E V E L T

N G I D D I N G S S T

N P A R K S T

N T U R N E R S T

H O U S T O N

E L E M E N T A R Y

S C H O O L
NORTH

N J A C O B S T

BOUNDARY LINE

DEPICTS CEMETERY

MASTER PLAN

E X I S T I N G M A S T E R P L A N B O U N D A R Y

BOUNDARY LINE

DEPICTS PROPOSED

MASTER PLAN

EXPANSION

PROPOSED MASTER

PLAN EXPANSION
093-062-016
093-062-015

PROPOSED MASTER

PLAN EXPANSION

ZONE CHANGE TO QP
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829
N
S
E
D
E
C
I
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C
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IAREN. 02.23
PRELIM SPR REVIEW10/4/2022
SPR SUBMITTAL10/21/2022
SPR E-SUBMITTAL02/13/2023
SITE PLAN PD-2
1" = 160'-0"2 SITE PLAN -
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NORTH
604 618 704 706700 808 916 918
1410
1420
1430

N R I N A L D I S T

W S A D Y C T

W G O S H E N A V E
816
919
1004

N T U R N E R S T

W A L L E N A V E

PROPOSED ENTRANCE/

EXIT DRIVEWAY

CURB, GUTTER, SIDEWALK
10' - 0" 20' WIDE DRIVE LANE
LEGEND

CEMETERY OWNED

AND ZONED QP

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

N G I D D I N G S S T

N P A R K S T

W R O O S E V E L T A V E

N G I D D I N G S S T

ENTRANCE

EXISTING OFFICE

EXISTING

MAUSOLEUM

EXISTING CHAPEL

EXISTING

MAUSOLEUM

PROPOSED INTERNAL

DRIVE LANES
1010
10001421
20' - 0"10' - 0"
SITE

IMPROVEMENT

N RINALDI ST

CEMETERY

DRIVE LANE

CONCRETE CURB

CONCRETE SIDEWALK

PLANTER

PRIVACY FENCE
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829
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IAREN. 02.23
PRELIM SPR REVIEW 10/4/2022
SPR SUBMITTAL 10/21/2022
SPR E-SUBMITTAL 02/13/2023

CEMETERY
IMPROVEMENT PD-1
1" = 10'-0"1

CURB, GUTTER & SIDEWALK

IMPROVEMENT
326
327
Operations Statement

More than 90% of the current capacity is on the west side ( Rinaldi) of the cemetery. The available burial spaces currently are 1,007 full body spaces and 450 ash spaces. Expanding to the east side (Turner) is necessary to coordinate daily burials . The cemetery needs to have 328
options for families to select sites in different quadrants of the cemetery. This would allow families time for the burial process without interruptions from the next procession. Our current plan would force our families to either overlap which is not an option, pick a different day or to change the time. This becomes very difficult when coordinating with different mortuaries and is also very difficult for our staff. Families like to witness the burial process until the last piece of sod is placed. The service may only last 30 – 45 minutes but if they would like to witness it could take another hour and a half to finish the process. Having different areas of the cemetery available helps us give the public options.

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Environmental Document # 2022-42

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

General Plan Amendment No. 2022-01, Change of Zone No. 2022-02, and Conditional Use Permit No. 2023-02 – Visalia Public Cemetery District Project.

PROJECT TITLE

General Plan No. 2022-01 and Change of Zone No. 2022-02: The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093-062- 006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093- 102-001, 002, 093-112-021).

Conditional Use Permit No. 2023-02: The project sites are located at 914 and 920 W.

Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).

PROJECT LOCATION

Visalia Tulare

PROJECT LOCATION - CITY COUNTY

General Plan No. 2022-01: A request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional.

DESCRIPTION - Nature, Purpose, & Beneficiaries of Project

City of Visalia, 315 E. Acequia Avenue, Visalia, CA 93291, (559) 713-4443, [email protected]

NAME OF PUBLIC/LEAD AGENCY APPROVING PROJECT

Walter Deissler, 2135 E. Harvard Court, Visalia CA 93292, [email protected], (559) 901-0500

NAME AND ADDRESS OF APPLICANT CARRYING OUT PROJECT

Walter Deissler, 2135 E. Harvard Court, Visalia CA 93292, [email protected], (559) 901-0500

NAME AND ADDRESS OF AGENT CARRYING OUT PROJECT

EXEMPT STATUS: (Check one)
Ministerial - Section 15073
Emergency Project - Section 15071
Categorical Exemption - ___________
Common Sense Exemption – Section 15061(b)(3)
Statutory Exemptions- State code number:

The requested action is considered exempt under Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the common- sense exemption,
which means that CEQA applies only to project s that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

REASON FOR PROJECT EXEMPTION

Cristobal Carrillo, Associate Planner (559) 713-4443

CONTACT PERSON AREA CODE/PHONE

DATE Brandon Smith

ENVIRONMENTAL COORDINATOR

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Vicinity Map
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City of Visalia
Memo

To: Planning Commission
From: Cristobal Carrillo, Associate Planner (559) 713-4443 Date: March 27, 2023
Re: Late Correspondence for Planning Commission Agenda Items No. 6: General Plan Amendment No. 2022-01, Change of Zone No. 2022-02, and Conditional Use Permit No. 2023-02

The Planning Division has received one item of correspondence after the Planning Commission agenda packets were printed for distribution to Commission members. The attached e-mail is from Vanessa Gonzalez, regarding concerns and opposition to General Plan Amendment No. 2022-01, Change of Zone No. 2022-02, and Conditional Use Permit No. 2023-02.

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⚫ Page 2

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City of Visalia
Memo

To: Planning Commission
From: Cristobal Carrillo, Associate Planner (559) 713-4443 Date: March 27, 2023
Re: Late Correspondence for Planning Commission Agenda Item No. 6: General Plan Amendment No. 2022-01, Change of Zone No. 2022-02, and Conditional Use Permit No. 2023-02

The resolutions provided with the staff report for General Plan Amendment No. 2022-01, Change of Zone No. 2022- 02, and Conditional Use Permit No. 2023- 02 have been revised to include additional findings pertaining to Government Code Section 66300.

Revised copies of the resolutions are attached review and consideration.

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RESOLUTION NO. 2022-43

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF VISALIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2022-01: A REQUEST BY THE VISALIA PUBLIC CEMETERY

DISTRICT TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF 15 PARCELS TOTALING 3.33 ACRES FROM

WHEREAS, General Plan Amendment No. 2022-01 is a request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional. The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093- 062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093- 102- 001, 002, 093-112-021); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on February 27, 2023; and WHEREAS, at the February 27, 2023 Planning Commission meeting the item was removed from the meeting agenda due to project description errors discovered in the public hearing notice published in the Visalia Times -Delta newspaper. The Planning Commission continued the project to the March 13, 2023 Planning Commission meeting at the request of the applicant; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13 , 2023 Planning Commission meeting the item was continued due errors in th e processing and mailing of public heari ng notices . The Planning Commission continued the project to the M arch 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission finds t hat th e project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning clas sification will not in and of themselves have an effect on the environment; and WHEREAS, the Planning Commission finds that the 200 5 Visalia Public Cemetery District land use master plan and boundary map was established in 2005, prior to the 2019 enactment of Government Code Section 66300 (Housing Crisis Act of 2019) for the preservation of residential land use capacity, as such, the areas identified by the Cemetery District master plan in 2005 for future rezone and growth of the public cemetery are not subject to the provisions of Government Code Section 66300(i), which prohibits changes in land use designations to a less intensive us e that result in a net loss of residential capacity; and

WHEREAS, the Planning Commission finds that the only properties under t his decision subject to Government Code Section 66300(i) are the twelve properties within the proposed master plan boundary exp ansion, located east of North Turner Street, between West Allen Avenue and West Roosevelt Avenue. These areas total 2.13 acres of Low Density Residential / R- 1-5 Zone land. This comprises 0.228 percent of the total Low Density Residential land available wi thin the Tier 1 Urban Development Boundary of the City of Visalia; and
WHEREAS, the Planning Commission finds that there are a t otal of 13 units located within the proposed master plan boundary expansion area, which could be removed if the Cemetery Distri ct were to acquire and develop the properties, however, Government Code Section 66300 does not address impacts from the loss of i ndividual residential units, only the loss of residential land use capacity and the capacity loss is insignificant; and
WHEREAS, the Planning Commission finds that there are a total of 13 units located within the proposed master plan boundary expansion ar ea, which would be removed if the Cemetery District were to acquire and develop the properties, per analysis of land available for the development of single family residences (June 13, 2022 City Council Report “Overview of the City of Visalia Urban Develop ment Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”), there are still approximately 932 -acres of undeveloped single- family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots.

WHEREAS, the Planning Commission notes that the revised land use designation still permits the conditional construction of residential housing, which represents maintenance of some residential land use capacity.

NOW, THEREFORE, BE IT RESOLVED that the project is exem pt from further environmental review pursuant to CEQA Section 15061(b)(3).

1. That the proposed General Plan Amendment is consistent with the goals, objectives, and policies of the Gener al Plan, and i s not detrimental to the public healt h, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed G eneral Plan Amendment from Residential Low Density and Residential Medium Density to Public Institutional is compatible with adjacent land uses and is consistent with the goals and policies of the 2005 Visalia Public Cemetery District Land Use Plan.

4. The potential loss of Low Density Residential/R -1-5 Zone land use capacity is less than 1% and will not significantly affect the overall availability of low -density residential land for development within the City.

5. The potential loss of thirteen residential units because of potential expansion of the public cemetery is considered less th an significant to the residential capacity within the City.

6. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of General Plan Amendment No. 2022-01, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.5 4.070 of the Ordinance Code of the City of Visalia.

Commissioner Gomez offered the motion to this resolution. Commissioner Tavarez seconded the motion and it carried by the following vote:

AYES: Commissioners Gomez, Tavarez, Beatie, Hansen
NOES:

ABSTAINED:

ABSENT: Commissioner Peck

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss

CITY OF VISALIA )

ATTEST: Paul Bernal, Community Development Director

I, Paul Bernal, Secretary of the Visalia Planning Commission, certify the foregoing is the full and true Resolution No. 2022-43, passed and adopted by the Planning Commission of the City of Visalia at a regular meeting held on March 27, 2023. 364
Resolution No. 2022-43

Paul Bernal, Community Development Director

Marvin Hansen, Chairperson

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Resolution No. 2022-43

EXHIBIT “A”
GENERAL PLAN AMENDMENT NO. 2022-01
Planning Commission – Resolution No. 2022-43
Existing General Plan Land
Use Designation
366
Resolution No. 2022-43

Proposed General Plan Land
Use Designation
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RESOLUTION NO. 2022-44

WHEREAS, Change of Zone No. 2022 -02 is a request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Reside ntial, 5,000 sq. ft. minimum site area) to QP (Quasi -Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi- Family Residential, 3,000 sq. ft . minimum site area per dwelling unit) to QP (Quasi - Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093 -062-006, 007, 015, 016, 026, 027, 093- 073-002, 010, 093- 083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021); and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13 , 2023 Planning Commission me eting the item was continued due errors in th e processing and mailing of public hearing notices . The Planning Commission continued the project to the M arch 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commissio n of the City of Visalia, a fter duly published notice, held a public hearing before said Commission on March 27, 2023; and

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Resolution No. 2022-44

WHEREAS, the Planning Commission finds t hat th e project is exempt from further review under the Cali fornia Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning clas sification will not in and of themselves have an effect on the environment; and WHEREAS, the Planning Commission finds that the 2005 Visalia Public Cemetery District land use master plan and boundary map was established in 2005, prior to the 2019 enactment of Government Code Section 66300 (Housing Crisis Act of 2019) for the preservation of residential land use capacity, as such, the areas identified by the Cemetery District master plan in 2005 for future rezone and growth of the public cemetery are not subject to the provisions of Government Code Section 6630 0(i), which prohibits changes in land use designations to a less intensive use that result in a net loss of residential capacity; and

WHEREAS, the Planning Commission finds that the only properties under t his decision subject to Government Code Section 66300(i) are the twelve properties within the proposed master plan boundary expansion, located east of North Turner Street, between West Allen Avenue and West Roosevelt Avenue. These areas total 2.13 acres of Low Density Residential / R- 1-5 Zone land. This c omprises 0.228 percent of the total Low Density Residential land available within the Tier 1 Urban Development Boundary of the City of Visalia; and
WHEREAS, the Planning Commission finds that there are a t otal of 13 units located within the proposed master plan boundary expansion area, which could be removed if the Cemetery District were to acquire and develop the properties, however, Government Code Section 66300 does not address impacts from the loss of i ndividual residential units, only the loss of resi dential land use capacity and the capacity loss is insignificant; and
WHEREAS, the Planning Commission finds that there are a total of 13 units located within the proposed master plan boundary expansion ar ea, which would be removed if the Cemetery Distric t were to acquire and develop the properties, per analysis of land available for the development of single family residences (June 13, 2022 City Council Report “Overview of the City of Visalia Urban Develop ment Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”), there are still approximately 932- acres of undeveloped single- family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots.

NOW, THEREFORE, BE IT RESOLVED that the pro ject is exempt from further environmental review pursuant to CEQA Section 15061(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City C ouncil of Change of Zone No. 2022-02 based on the following specific findings and evidence presented:
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Resolution No. 2022-44

1. That the Change of Zone is consistent with the intent of the General Plan, Zoning Ordinance, and 2005 Visalia Public Cemetery District Land Use Plan , and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements Citywide.

2. That the proposed QP (Quasi Public) zoning is consistent with the Public Institutional land use designation and compatible with adjacent land uses.

3. The reclassification of residential property to Qu asi-Public will not have a negative impact on the City’s housing stock as none of the sites proposed for reclassification are list ed on the Cit y’s sites in ventory list for Visalia’s Regional Housing Needs Allocation.

4. The potential loss of L ow Density Residential/R- 1-5 Zone land use capacity is less than 1% and will not significantly affect the overall availability of low -density residential land for development within the City.

5. The potential loss of thirteen residential units because of pote ntial expansion of the public cemetery is considered less th an significant to the residential capacity within the City.

6. That the project is exempt from further review under the California Env ironmental Quality Act (CEQA) Guidelines section 15 061(b)(3) (common sense exemption) , as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselv es have an effect on the environment.

BE IT FURTHER RESOLVED that the Planning Commission of the C ity of Visalia recommends approval to the City Council of Change of Zo ne No. 2022-02, as depicted per Exhibit “A”, on the real propert y described herein, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the O rdinance Code of the City of Visalia.

Commissioner Gomez offered the motion to this resolution. Commissioner Tavarez seconded the motion and it carried by the following vote:

AYES: Commissioners Gomez, Tavarez, Beatie, Hansen
NOES:

ABSTAINED:

ABSENT: Commissioner Peck

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss

CITY OF VISALIA )

ATTEST: Paul Bernal, Community Development Director

I, Paul Bernal, Secretary of the Visalia Planning Commission, certify the foregoing is the full and true Resolution No. 2022-44, passed and adopted by the Planning Commission of the City of Visalia at a regular meeting held on March 27, 2023.

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Resolution No. 2022-44

Paul Bernal, Community Development Director

Marvin Hansen, Chairperson

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Resolution No. 2022-44

EXHIBIT “A”
CHANGE OF ZONE NO. 2022-02
Planning Commission – Resolution No. 2022-44

ZONING MAP
Existing Zoning
Designation
372
Resolution No. 2022-44

ZONING MAP
Proposed Zoning
Designation
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Resolution No. 2022-39
RESOLUTION NO. 2023-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2023-02, A

REQUEST BY THE VISALIA PUBLIC CEMETERY DISTRICT TO AMEND CONDITIONAL USE PERMIT NO. 2005-08, PERMITTING THE EXPANSION OF THE

WHEREAS, Conditional Use Permit No. 2023-02, is a request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005- 08, permitting the expansion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093- 083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022); and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13, 2023 Planning Commission meeting the item was continued due errors in the processing and mailing of public hearing notices. The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment; and 374
Resolution No. 2023-07
WHEREAS, the Planning Commission finds that the 2005 Visalia Public Cemetery District land use master plan and boundary map was established in 2005, prior to the 2019 enactment of Government Code Section 66300 (Housing Crisis Act of 2019) for the preservation of residential land use capacity, as such, the areas identified by the Cemetery District master plan in 2005 for future rezone and growth of the public cemetery are not subject to the provisions of Government Code Section 66300(i), which prohibits changes in land use designations to a less intensive use that result in a net loss of residential capacity; and

WHEREAS, the Planning Commission finds that the only properties under this decision subject to Government Code Section 66300(i) are the twelve properties within the proposed master plan boundary expansion, located east of North Turner Street, between West Allen Avenue and West Roosevelt Avenue. These areas total 2.13 acres of Low Density Residential / R- 1-5 Zone land. This comprises 0.228 percent of the total Low Density Residential land available within the Tier 1 Urban Development Boundary of the City of Visalia; and
WHEREAS, the Planning Commission finds that there are a total of 13 units located within the proposed master plan boundary expansion area, which could be removed if the Cemetery District were to acquire and develop the properties, however, Government Code Section 66300 does not address impacts from the loss of individual residential units, only the loss of residential land use capacity and the capacity loss is insignificant; and
WHEREAS, the Planning Commission finds that there are a total of 13 units located within the proposed master plan boundary expansion area, which would be removed if the Cemetery District were to acquire and develop the properties, per analysis of land available for the development of single family residences (June 13, 2022 City Council Report “Overview of the City of Visalia Urban Development Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”), there are still approximately 932- acres of undeveloped single- family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15061(b)(3).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project 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 conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
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Resolution No. 2023-07
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity.

3. That the property at 1004 North Turner Street, which is owned by the Cemetery District and not currently located within the master plan boundary, will be brought into conformance with the master plan through inclusion within the expanded master plan boundary requested herein.

4. The reclassification of residential property to public institutional w ill not have a negative impact on the City’s housing stock or Regional Housing Need Allocation as none of the sites proposed for reclassification are listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

5. The potential l oss of Low Density Residential/R -1-5 Zone land use capacity is less than 1% and will not significantly affect the overall availability of low-density residential land for development within the City.

6. The potential loss of thirteen residential units because of potential expansion of the public cemetery is considered less than significant to the residential capacity within the City.

7. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b) (3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment.

1. That the project be developed in compliance with the site plans shown in Exhibit “A”, operational statement in Exhibit “B”, and land use plan in Exhibit “C”.

2. That parcels owned and/or acquired by Visalia Public Cemetery District along Rinaldi Avenue and Turner Street shall have a combined minimum of 300 feet of contiguous frontage along said street prior to the conducting of routine cemetery operations and burial plots on those properties adjacent to the street.

3. That burial plots shall not be placed in single parcels or narrow gaps between active residential units.

4. That the Visalia Public Cemetery District shall amend their master plan prior to the acquisition of properties not within the master plan boundary map in Exhibit “A.”

5. That all other conditions of Conditional Use Permit No. 2005- 08 shall be applicable unless superseded by conditions in Conditional Use Permit No. 2023-02.

6. That the Conditional Use Permit No. 2023- 02 shall be null and void unless General Plan Amendment No. 2022-01 and Change of Zone No. 2022- 02 are approved by the City of Visalia.
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Resolution No. 2023-07

7. That all applicable federal, state and city laws, codes and ordinances be met.

Commissioner Gomez offered the motion to this resolution. Commissioner Tavarez seconded the motion and it carried by the following vote:

AYES: Commissioners Tavarez, Beatie, Hansen
NOES: Commissioner Gomez
ABSTAINED:

ABSENT: Commissioner Peck

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss

CITY OF VISALIA )

ATTEST: Paul Bernal, Community Development Director

I, Paul Bernal, Secretary of the Visalia Planning Commission, certify the foregoing is the full and true Resolution No. 2023-07 passed and adopted by the Planning Commission of the City of Visalia at a regular meeting held on March 27, 2023.

Paul Bernal, Community Development Director

Marvin Hansen, Chairperson

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From: walter deissler <[email protected]>
Sent: Friday, April 28, 2023 9:27 AM
To: Cristobal Carrillo <[email protected]> Subject: Fwd: Responses from Visalia Public Cemetery District Expansion Survey

Walter Deissler
Architect
559-901-0500
Sent from my iPhone

Begin forwarded message:

From: Domingo Lopez <[email protected]>
Date: April 27, 2023 at 8:44:00 AM PDT
To: [email protected]
Subject: FW: Responses from Visalia Public Cemetery District Expansion Survey

From Gwen

From: Gwen Schrank <[email protected]>
Sent: Wednesday, April 26, 2023 4:40 PM
To: [email protected]
Cc: Domingo Lopez <[email protected]>; Alexander, Rosalinda <[email protected]>; Brittany Schrank <[email protected]> Subject: Re: Responses from Visalia Public Cemetery District Expansion Survey

On Wed, Apr 26, 2023 at 4:35 PM Gwen Schrank <[email protected]> wrote:

Dear Visalia City Council Members: Mayor Brian Poochigian, Brett Taylor, Steve Nelsen, Liz Wynn, and Emmanuel Hernandez Soto.
also Visalia Cemetery Leader Domingo Lopez and Rosalinda Alexander

My name is Gwen Schrank. I have been a resident of Visalia for 20 years and would like to provide you with some information regarding the upcoming vote to change the zoning for some of the properties located around the Visalia Cemetery.

I would first like to say that I respect the business of taking care of our loved ones' graves who have passed away. Before moving to California in 2003, I owned and lived in a property where my backyard was lined up with one of the cemeteries in Milwaukee, Wisconsin. I know and understand what it's like to be the neighbor of a cemetery. The person that we sold our home to bought the home so that she could be close to where her father was buried. I understand the sentimental aspect of the cemetery.

From my understanding the plan for this expansion started back in 2005 before we had the current crisis with homelessness and Covid. We live in a much different time now than we did then.

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As a community member, leader, and advocate for helping our community become a place where people are loved, valued, and respected regardless of their life situation. I want to ask you to vote no on rezoning for the expansion.

It doesn't make sense to me for you to vote to spend so much money to create housing and also vote to take away affordable housing in a community that is affected in a huge way with homelessness. The cost of living has gone up so much without any sight of it changing anytime soon.

I am someone who is creating housing for homeless youth aged 18-24 without funding from the city or the county and this would be very disappointing to have the efforts that we are putting into building up the community be cancelled out when there are other options for expanding the cemetery.

I believe there is a way to provide additional time for the current cemetary to remain open and taken care of while also planning and providing space for the future.

I have included a link with 44 survey responses from community members over 18 years of age who would like to share their voice with you regarding the upcoming vote.

Responses from Visalia Public Cemetery District Expansion Project Please copy and paste link below into browser if the link doesn't work

https://drive.google.com/drive/folders/1ASWHi3hwsumnK7dZbE26VIF-ffw9rVzD?usp=share_link

I believe that you will all come up with a choice that will work best for the community and the cemetary.

All I ask is that you consider the voices of those who have taken the time to share their voices.

Thank you for your time. Have a wonderful rest of the week and weekend.

Gwen Schrank

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0154 Agenda Date: 5/1/2023 Agenda #: 2.

Agenda Item Wording:

A Public Hearing and First Reading of Ordinance No. 2023-02, a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “AgriculturalLand Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. The project applies citywide to properties within the Urban Growth Boundary Tiers II and III established by the Visalia General Plan. A Notice of Exemption was prepared for the new ordinance in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2023-23 disclosed that the Agricultural Land Preservation ordinance will have no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34, uniformly on development projects that convert prime farmland and farmland of statewide importance in Urban Growth Boundary Tier II and Tier III.

Deadline for Action: 5/1/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2023-02, approving a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an Agricultural Preservation Ordinance to implement Visalia General Plan Land Use Policy LU-P-34.

Summary:

The City Council directed staff to prepare an agricultural preservation ordinance to implement General Plan Policy LU-P-34, which required the establishment of an Agricultural Mitigation Program.

The adoption of the Agricultural Land Preservation Ordinance (APO) is a necessary step for projects in the Tier II and Tier III growth boundaries to move forward. Based on direction received from the City Council at their March 6, 2023 and December 5, 2022 Work Sessions staff, along with the City’s consultant, prepared a draft APO that was posted for a 32-day public review period and has finalized the APO for the City Council’s review and adoption.

Overview and Changes to Agricultural Land Preservation Ordinance:

On February 24, 2023, the draft APO was publicly advertised and posted for a 32-day public review.

During the public review of the draft APO, the consultant and staff provided the City Council with a detailed overview of the draft APO at the March 6, 2023 Work Session that highlighted key aspects of Visalia City Council Printed on 4/28/2023Page 1 of 6
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detailed overview of the draft APO at the March 6, 2023 Work Session that highlighted key aspects of the APO including: processes for securement of easements; in-lieu fee assessments, process, and remittance; and, monitoring and compliance. During the 32-day public review period, staff received several correspondence e-mails and letters from individuals related to the daft APO. A copy of all correspondence items received is attached as Exhibit “B”to this staff report. Based on the comments provided by the City Council and the public, the final APO is included as Attachment “A”of Ordinance No. 2023-02 for the City Council’s consideration and adoption.

The following are key highlights of the final APO, including a brief overview of revisions made to the draft APO based on comments received:

Articles 1 General Provisions: Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions
Article 1 contains the purpose of the APO, which is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for development projects. The interpretation section establishes a procedure to address and record interpretations made by the Community Development Director in the implementation of the APO, and also establishes a procedure for code interpretations by the Community Development Director to be appealed to the City Council as defined in Section

18.04.040.D.

One key revision to this section is an update to the “publicfacility”definition to also include general hospitals and public cemeteries.

Article 2 Program Requirements: Applicability, Preservation Requirement Article 2 outlines which projects are subject to the APO (i.e., development projects that would result in the conversion of prime farmland or farmland of statewide importance), but also identifies which projects would be exempt or excluded. Only one key change to note in this article is found under Section 18.04.060.C.2 “Exclusions, Project Type or Use”. Based on comments received, the “affordable housing project” language was updated to include the following language “comply with State Density Bonus Law”.

In addition, the final APO still retains the exemption provision for projects of five acres or less in gross area as being exempt from the APO provisions. Although comments received requested a revision to this section seeking to have the exemption increased to 20 acres to align with the threshold for easement acquisitions, staff retained the 5-acre provision based on staff’sassessment that under the California Environmental Quality Act (CEQA) projects of five acres or less can be exempt from any further CEQA review based on the Class 32 In-fill exemption. Projects greater than 5 acres and up to a maximum of 20 acres would be afforded the option of using the in-lieu fee provision of the ordinance and/or demonstrate compliance with the APO through participation in a “agricultural land mitigation bank” which is addressed in the staff report under the Article 3 discussion below.

Furthermore, the APO retains the “roadways”exclusion as including major roadways as addressed in the Visalia General Plan. The General Plan identifies major roadways as Freeways, Arterials, and Collectors, which are designed to carry significant traffic volumes through the future growth areas of the entire Visalia planning area. Local streets, which were requested to be included as an “exclusion” to the APO requirements as noted in public comment letters received, are not included as these Visalia City Council Printed on 4/28/2023Page 2 of 6
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roads are built to serve the proposed development within each of the land use areas.

Article 3 Methods of Preservation: Acquisition of Agricultural Conservation Easement, Payment of In- Lieu Fee
Article 3 covers the two methods of preservation, acquisition of conservation easements, which is the preferred method, and the in-lieu fee method. One revision includes the addition of language based on comments received regarding the ability to demonstrate compliance with the APO through use of an “agricultural land mitigation bank”. Use of a land mitigation bank would allow a developer to secure easements within a land mitigation bank to offset their conversion of agricultural lands. Such lands within the mitigation bank are required to meet the same standards of land eligible for agricultural conservation easements, such as location and zoning of the land. However, this additional method of securing easements and/or paying into the land mitigation bank to secure the necessary acreage for the conversion of agricultural land will provide additional flexibility for project proponents to demonstrate compliance with the APO.

Furthermore, the APO language has also been revised to clarify that easements can be obtained within the southern San Joaquin Valley five-county region without first requiring that the project proponent they demonstrate that they have met with qualified entity and the entity is unable to assist with the acquisition of an easement within 10 miles of the City limits. The preference language for easements to be located within the 10-mile radius; however, the additional steps to demonstrate that there is no land available within the 10-mile radius has been removed.

Other provisions of this article include a requirement that conserved land shall be a minimum of 20 contiguous acres in size, shall be zoned and planned for agricultural uses and shall have at least one verified water source. This requirement does not preclude a land trust from requiring more than one source of water through their own due diligence process.

The APO also includes provisions in the event an easement cannot be obtained. Pursuant to Section

18.04.090 of the ordinance, a project proponent may pay an “in-lieu”fee as an alternative to purchasing a conservation easement when certain conditions are met. The in-lieu fee section was amended to be consistent with the easement language as noted in Section 18.04.080 by removing the requirement that limited the use of the in-lieu fee to only Tulare County. The revision, as noted in Section 18.04.090.D, allows the use of the in-lieu fee collected to be used for the acquisition, administration, monitoring, and enforcement of agricultural conservation easements and such easements shall be located within the Southern San Joaquin Valley (i.e., the defined five-county region).

The in-lieu fee will be determined on a case-by-case basis, as this provision has not changed and shall include:
· Purchase price = 35% of the average purchase price per acre of three comparable lands, confirmed through an appraisal report prepared by a licensed appraiser with experience in agricultural land appraisal. The appraisal shall be based on the highest and best use of the land without an agricultural conservation easement (this is consistent with other ordinances established that require an in-lieu fee calculation on a case-by-case basis). · Transaction costs = closing costs, due diligence, administrative costs. · Endowment cost = establishment of an endowment for ongoing monitoring, administration, Visalia City Council Printed on 4/28/2023Page 3 of 6
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enforcement.
· A reasonable amount to cover additional contingencies.

The in-lieu fee section also requires the City Council to approve the amount of the fee, and payment of the fee will be directly from the project proponent to the qualified entity. Approval shall occur prior to remittance of the in-lieu fee directly from the applicant to the qualified entity.

Article 4 Monitoring and Compliance: Qualified Entity, Compliance Review, Severability Article 4 addresses qualified entities, and identifies qualifications for entities to be considered including: the entity must be a nonprofit public benefit corporation operating within the state of California; the entity is qualified to hold conservation easements under California Civil Code section 815.3.; and, the entity must be approved by the City Council for the purpose of holding and managing agricultural conservation easements in accordance with the APO. In addition, monitoring and reporting by approved qualified entities is required annually. Such reporting shall be submitted to the City by February 1st.

The overall language included in this section remains unchanged with the exception to Section

18.04.110.A.1.b, Compliance Review. This section states that the City of Visalia shall not issue any permit directly authorizing or resulting in disturbance to the converted land acreage until the preserved land obligation is satisfied. The preserved land obligation shall be satisfied when, a. The approved agricultural conservation easement has been recorded, or b. When the applicant has remitted the approved in-lieu fee to the qualified entity.

Public Comments Received:

During the 32-day public review comment period for the draft APO, staff received several items of correspondence regarding the draft APO. All comments, e-mails, and letters received are included as attachment Exhibit “B”.

Next Steps:

Staff will place the second reading of Ordinance No. 2023-02 on the City Council’snext available meeting if the City Council adopts the first reading of Ordinance No. 2023-02. The ordinance will go into effect 30 days from the second reading.

In the interim, if the ordinance is adopted, City staff will continue to process projects in the Urban Growth Boundary Tier II for those land uses eligible, and the Tier III boundary for industrial land, that were placed on hold as result of the City needing to adopt an agricultural preservation ordinance to address the conversion of prime farmland and farmland of statewide importance in Tier II and Tier III.

Staff anticipates in the next few months to begin processing several new residential projects through the public hearing process that will incorporate the adopted APO into their conditions of approval, as applicable, to demonstrate compliance with Land Use Policy LU-P-34.

Fiscal Impact:

On September 19, 2022, the City Council authorized the City Manager to award a contract to Provost & Pritchard Consulting Group of Visalia, CA for the preparation of Agricultural Preservation Ordinance in amount of not to exceed $150,000. Staff is also seeking if the allocated SB 2 Planning Grant monies can be used for the preparation of this ordinance.

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Prior Council Action:
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’sconsideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’sapproval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Other:

None.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Refer all or parts of the project back to staff for further review; or

2. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2023-02, approving a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34.

Environmental Assessment Status:

A Notice of Exemption was prepared for the APO in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183(g)(7) (Public Resources Code §21083.3). Notice of Exemption No. 2023-23 disclosed that the APO requires no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34 and that the APO will be uniformly on development projects that convert prime farmland or farmland of statewide importance Visalia City Council Printed on 4/28/2023Page 5 of 6
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in Urban Growth Boundary Tier II and Tier III.

CEQA Review:

Notice of Exemption No. 2023-23 was prepared for Ordinance No. 2023-02 in in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183(g)(7) (Public Resources Code §21083.3).

Attachments:

1. Ordinance No. 2023-02 - Agricultural Preservation Ordinance - Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”.

2. Exhibit “B” - Public correspondence received.

3. PowerPoint Presentation
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Ordinance No. 2023-02
ORDINANCE NO. 2023-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA ADOPTING ORDINANCE NO. 2023-02, A REQUEST BY THE CITY OF VISALIA TO

ADOPT A NEW TITLE AND CHAPTER TO THE VISALIA MUNICIPAL CODE REFERRED TO AS TITLE 18 “AGRICULTURAL LAND PRESERVATION”, CHAPTER 18.04 “AGRICULTURAL LAND PRESERVATION PROGRAM”, TO

CREATE AN AGRICULTURAL PRESERVATION ORDINANCE TO IMPLEMENT VISALIA GENERAL PLAN LAND USE POLICY LU-P-34. THE PROJECT APPLIES

CITYWIDE TO PROPERTIES WITHIN THE URBAN GROWTH BOUNDARY TIERS II AND III ESTABLISHED BY THE VISALIA GENERAL PLAN.

WHEREAS, Ordinance No. 2023-02 is a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU- P-34. The project applies citywide to properties within the Urban Growth Boundary Tiers II and III established by the Visalia General Plan; and

WHEREAS, on September 19, 2022, the preparation of an A gricultural Preservation Ordinance was initiated in response to direction provided by the City Council to begin the preparation of an A gricultural Preservation Ordinance to fulfill General Plan Land Use Element Policy LU -P-34, created during the General Pl an Update process in 2014 to assist with mitigating the impacts of the loss of farmland as a result of land use development under the General Plan; and

WHEREAS, the City Council of the City of Visalia on December 5, 2022, received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an A gricultural Preservation Ordinance to implement the City’s Agricultural Mitigation Program as outlined in General Plan Land Use Policy LU-P-34; and

WHEREAS, on February 24, 2023, the Draft A gricultural Preservation Ordinance was publicly advertised for review on the City’s A gricultural Preservation Ordinance website for a 32-day public comment review period; and

WHEREAS, on March 23, 2023, the City Council received a presentation and update on the release of the Draft Agricultural Preservation Ordinance and received input from the community on the content of the draft ordinance; and

WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said Council on May 1, 2023; and 396
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WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Section 15183 (Public Resources Code §21083.3).

NOW, THEREFORE, BE IT RESOLVED the City Council concurs that the project is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines S ection 15183 (Public Resources Code §21083.3) and Notice of Exemption No. 2023-23 disclosed that the Agricultural Land Preservation ordinance will have no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU -P-34, uniformly on development projects that convert prime farmland and farmland of statewide importance in Urban Growth Boundary Tier II and Tier III.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia approves Ordinance No. 2023- 02, as shown on Attachment “A” of this Ordinance, based on the following specific findings and evidence presented:

1. That the ordinance is consistent with the Visalia General Plan as the provisions of Title 18 Agricultural Land Preservation, Chapter 18.04 Agricultural Land Preservation Program are established to implement the go als of the City of Visalia General Plan and address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program. The intent of the agricultural land preservation program is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in- lieu fee for projects subject to the provisions of this chapter.

2. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment.
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ATTACHMENT “A”

AN ORDINANCE OF THE CITY COUNCIL ADOPTING A NEW TITLE

AND CHAPTER TO THE VISALIA MUNICIPAL CODE REFERRED TO
AS TITLE 18 “AGRICULTURAL LAND PRESERVATION”, CHAPTER

18.04 “AGRICULTURAL LAND PRESERVATION PROGRAM” AS

FOLLOWS

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1: Enact Title 18 (Agricultural Land Preservation) of the Visalia Municipal Code:
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Visalia Municipal Code
Title 18. Agricultural Land Preservation
Chapter 18.04. Agricultural Land Preservation Program
Article 1. General Provisions
Section 18.04.010 Title
This chapter may be cited as the “Agricultural Land Preservation Program” of the City of Visalia.

Section 18.04.020 Purpose and Intent
A. The provisions of this chapter are established to implement the goals of the City of Visalia General Plan and address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program.

The intent of the agricultural land preservation program is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of this chapter.

B. The provisions of this chapter shall only apply to the extent that their application would not violate the constitution or laws of the United States, or of the State of California. The City of Visalia shall apply the chapter to avoid such unconstitutionality or illegality.

C. Nothing in this chapter shall be construed to abridge or narrow the City of Visalia's police powers. The City Council retains its full power and discretion in its ability to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise, which the City is tasked with safeguarding.

Section 18.04.030 Objectives
The objectives of this chapter are to:

A. Protect agricultural land as a component of the regional economy in the southern San Joaquin Valley, including the City of Visalia.

B. Preserve agricultural lands from the effects of urban encroachment.

C. Balance the need for agricultural land conservation with other public goals for the City of Visalia, including the need for housing, commercial, industrial, and infrastructure development.
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Section 18.04.040 Interpretation of Provisions
A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Community Development Director (“Director”) shall have the authority and responsibility to interpret such terms, provisions, and requirements.

B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Community Development Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.

C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

D. Right to Appeal. A code interpretation by the Community Development Director may be appealed to the City Council. The following procedure shall apply.

1. The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the Council, appeal any interpretation of the Community Development Director by filing a notice thereof in writing with the city clerk, setting forth in detail the interpretation and the grounds upon which the appeal is based within ten (10) days after the interpretation that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Director.

2. Upon the filing of an appeal, the City Council shall set the matter for hearing.

Such hearings shall be held within thirty (30) days after the date of filing the appeal.

3. In holding the hearing on the matter, the Council may receive any and all information pertinent to the matter. Upon the close of the hearing, the Council shall vote to either confirm the decision of the Community Development Director, overturn the interpretation, or confirm the interpretation with modifications, and the Council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled Council meeting. In the case of a tie vote, the Community Development Director interpretation shall stand, and shall be considered final as of the date of the Council vote.

Section 18.04.050 Definitions
For the purpose of this chapter, the following definitions shall apply, except where the context of this chapter otherwise expressly requires. The definition of a word or phrase shall apply to any variants of the word or phrase.
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“Affordable housing” means housing with an affordable housing cost, as defined in Health and Safety Code Section 50052.5, or affordable rent, as defined in Health and Safety Code Section 50053, for households whose gross income does not exceed 120 percent of the area median income.
“Agricultural buffers” mean areas of permanent vegetation between agricultural land and urban development.
“Agricultural conservation easement” means a conservation easement executed pursuant to Civil Code section 815, et seq. for purposes of agriculture.
“Agricultural processing uses” means operations that transform, package, sort, or grade livestock or livestock products, agricultural commodities, or plant or plant products into goods that are used for the intermediate or final consumption, including goods for nonfood use. “Conversion” means to develop land through construction or improvement of land associated with approval of a project such that the land may not be converted back to agricultural use. “Converted land” means the area of land that would be converted as a result of project approval, as calculated in section 18.04.070(A).
“Farmland of statewide importance” is a category of farmland defined by the California Department of Conservation for purposes of the Farmland Mapping and Monitoring Program (FMMP).
“In-lieu fee” means payment in-lieu of direct acquisition of an agricultural conservation easement.
“Preserved land” means that land to be encumbered by an agricultural conservation easement, as determined in section 18.04.070(A).
“Prime farmland” is a category of farmland defined by the California Department of Conservation for purposes of the Farmland Mapping and Monitoring Program (FMMP). “Project” means a development project requiring an approval action from the City of Visalia that would authorize the construction or operation of buildings or uses. For purposes of this chapter, project does not include annexation of land, redesignation of a planned land use, or rezone action as these actions alone do not authorize development.
“Public facility” means a facility owned or operated by a public, quasi-public, or private entity used for the production, storage, transmission, collection, or treatment of electricity, wastewater, stormwater, water, and refuse, or for the provision of general hospitals, public cemeteries, public schools or open space, including both public and private parks and trails. “Qualified entity” means an entity qualified and approved to hold agricultural conservation easements in compliance with section 18.04.100.
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“Roadways” mean those roadways defined in the Transportation Element of the Visalia General Plan.
“Southern San Joaquin Valley” means the portions of Madera, Fresno, Kings, Tulare, and Kern counties located within the San Joaquin Valley Air Pollution Control District boundaries. “Sphere of influence” means the ultimate service area of an incorporated city, as established by the applicable Local Agency Formation Commission.
“Tier II” means the Tier II Urban Development Boundary as defined in the Visalia General Plan. “Tier III” means the Tier III Urban Growth Boundary as defined in the Visalia General Plan.

Article 2. Program Requirements
Section 18.04.060 Applicability
A. Projects Subject to Program. Projects authorized by the City that would result in the conversion of prime farmland or farmland of statewide importance are subject to the provisions of this chapter, unless exempt in accordance with subsection 18.04.060(B) or excluded in accordance with subsection 18.04.060(C).

B. Exemptions. Projects subject to any of the following criteria are not subject to the provisions of this chapter.

1. Location. Projects, or portions thereof, located on lands that are not within the Tier II Urban Development Boundary or the Tier III Urban Growth Boundary.

2. Size. Projects of five acres or less in gross area. The City may disallow the use of this exemption if it finds that the subject property has been subdivided into five- acre or smaller parcels in whole or in part to avoid the preserved land obligation in accordance with this chapter.

3. Prior Compliance. Projects on sites that have demonstrated compliance with the provisions of this chapter for affected acreage.

C. Exclusions. Projects consistent with any of the following criteria are not subject to the provisions of this chapter and shall be excluded from the preserved land obligation as outlined in section 18.04.070(A). Such exclusions may comprise the entire project area or may be a portion of the project area acreage. Only such portion of the project area that falls within any of the following categories shall be excluded.

1. Farmland Designation.
a. Acreage not designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation.
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b. Acreage that may be designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation but meets at least one of the following standards. Documents demonstrating compliance with one or both standards shall be submitted to the Director for evaluation and determination, which may include concurrence from the Department of Conservation.

1. Land Use. The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar years.

2. Soils. The soil type is not listed on the Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance for Tulare County, as maintained by the Department of Conservation for purposes of the FMMP.

2. Project Type or Use.
a. Affordable housing projects that comply with State Density Bonus Law. b. Agricultural processing uses.
c. Agricultural buffers.
d. Public facilities.
e. Roadways.

Section 18.04.070 Preservation Requirement
A. Determination of Preserved Land Obligation. The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land.

Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions.

B. Method of Preservation. The preserved land obligation, as established in section

18.04.070(A), shall be preserved through acquisition of an agricultural easement in accordance with section 18.04.080, unless eligible for payment of an in-lieu fee in accordance with section 18.04.090.

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Article 3. Methods of Preservation
Section 18.04.080 Acquisition of Agricultural Conservation Easement A. Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon. This shall include the conveyance of land within an agricultural land mitigation bank. Such land shall meet all requirements for an agricultural conservation easement in accordance with this chapter.

B. Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.

1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits.

The preserved land must be located outside any city’s limits and sphere of influence.

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

5. The preserved land shall have at least one verified source of water.

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

C. Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms.

1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.

2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land. 404
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3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property. Secondary dwelling units or farmworker housing may also be permitted, so long as the primary use of the property is agricultural.

4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.

5. Any existing financial liens or financial encumbrances on the preserved land shall be subordinated to the agricultural conservation easement.

6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.

7. The agricultural conservation easement is in recordable form and contains an accurate legal description of the preserved land.

8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.

9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.

11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with the section 18.04.080(D).

D. Approval of Easement. The City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter.

1. Should the easement be consistent with a form previously approved by the City Council, the City Council may designate an authorized party to review and confirm consistency of subsequent easements prior to execution by third parties without further approval by the City Council.

2. Should the easement deviate from a form approved by the City Council, the City Council shall review and approve proposed amendments prior to execution by third parties.
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Chapter 18.04 Agricultural Land Preservation Ordinance
May 2023 Page 8 of 11
E. Holder of Easement. All agricultural conservation easements acquired for purposes of this chapter shall be held by a qualified entity, as determined in section 18.04.100.

Section 18.04.090 Payment of In-Lieu Fee
A. Eligibility of In-Lieu Fee Payment. To be eligible for payment of an in-lieu fee to satisfy the preserved land obligation, either of the following standards must be met.

1. The total preserved land obligation is less than 20 acres.

2. If the total preserved land obligation is 20 acres or more, the applicant must demonstrate at least one of the following to the satisfaction of the City:
a. No qualified entity exists;
b. The applicant has met with all qualified entities and all such entities are unable or unwilling to assist with the acquisition of an agricultural conservation easement, as certified in writing to the City; or c. Working with a qualified entity, the applicant has made at least one good faith offer to purchase an agricultural conservation easement, but any and all such offers have been declined by the potential seller, as certified in writing to the City.

B. Determination of Fee. The in-lieu fee shall be determined on a case-by-case basis and include the following components. The applicant shall determine the amount of the in- lieu fee with supporting documentation from at least one qualified entity.

1. The purchase price of an agricultural conservation easement, which shall equal 35 percent of the average price per acre of three comparable lands, as confirmed through submittal of an appraisal report prepared by a licensed appraiser with experience in agricultural land appraisal. The appraisal shall be based on the highest and best use of the land without an agricultural conservation easement.

The price per acre shall be adjusted for inflation based on an estimate of the time required to acquire the agricultural conservation easement following payment of the in-lieu fee. The price per acre shall be multiplied by the preserved land obligation to determine this component of the in-lieu fee.

2. All transaction costs associated with the acquisition of the agricultural conservation easement, which may include anticipated due diligence and administrative costs.

3. An amount sufficient to establish an endowment for the cost of monitoring, administering, and enforcing the agricultural easement in perpetuity.

4. A reasonable amount to cover additional contingencies. 406
Chapter 18.04 Agricultural Land Preservation Ordinance
May 2023 Page 9 of 11

5. In no event shall the in-lieu fee established pursuant to this section exceed a reasonable estimate of the total of:
a. The cost of acquiring and managing the agricultural conservation easement that the applicant would otherwise be required to create to satisfy its preserved land obligation under this chapter; and b. The cost of administering the in-lieu fee.

C. Fee Approval and Remittance. City Council shall approve the amount of the in-lieu fee established under section 18.04.090(B). Approval shall occur prior to remittance of the in-lieu fee directly from the applicant to the qualified entity.

D. Use of Fee. In-lieu fees collected shall be used solely for the acquisition, administration, monitoring, and enforcement of agricultural conservation easements in accordance with this chapter and such easements shall be located within the Southern San Joaquin Valley.

E. Reporting Requirements. The annual report required in section 18.04.100(D) shall include an accounting of the use and status of all in-lieu fees collected in accordance with this program.

Article 4. Monitoring and Compliance
Section 18.04.100 Qualified Entity
A. Requirements. To be considered a qualified entity for purposes of holding agricultural conservation easements in accordance with this chapter, an entity must be a nonprofit public benefit corporation, operating within the state of California, that is qualified to hold conservation easements under California Civil Code section 815.3 and be approved by the City Council for the purpose of holding and managing agricultural conservation easements in accordance with section 18.04.100(B).

B. Approval Process. In considering whether to approve an entity as a qualified entity for purposes of this chapter, the City Council shall consider the following criteria.

1. Whether the entity's principal purpose includes holding and administering easements for conserving and maintaining lands in agricultural production;

2. The extent and duration of the entity's involvement in agricultural land conservation within the southern San Joaquin Valley;

3. Whether the entity has been accredited by the Land Trust Accreditation Commission;

4. Whether the entity is a member in good standing of an established and widely recognized national or statewide association of land trusts; and 407
Chapter 18.04 Agricultural Land Preservation Ordinance
May 2023 Page 10 of 11

5. Whether the entity’s easement template is consistent with the terms of this chapter.

6. Any other information or requirements the City finds relevant under given circumstances.

C. Duties.

1. The qualified entity shall monitor the use of all preserved land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.

2. If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity.

D. Monitoring and Reporting. The qualified entity shall submit a report to the City on or before February 1 of each year, describing the activities undertaken by the entity under this chapter for the previous calendar year. The report shall describe the status of the agricultural conservation easements for purposes of satisfying the preserved land obligations under this chapter held by the entity, including all costs associated with acquisition of agricultural conservation easements acquired in accordance with this chapter, a summary of all actions taken to enforce its agricultural conservation easements acquired in accordance with this chapter, and an accounting of the amount and use of administrative and in-lieu fees remitted to it by applicants. Confirmation of the accreditation status of the qualified entity shall also be reported. The report shall also include any other applicable reporting requirements as specified by this chapter.

Section 18.04.110 Compliance Review
A. All preservation methods proposed by an applicant to comply with this chapter shall be reviewed by the Community Development Director for consistency with the terms and purposes of this chapter, except as expressly stated otherwise.

1. The City of Visalia shall not issue any permit directly authorizing or resulting in disturbance to the converted land acreage until the preserved land obligation is satisfied in accordance with this chapter. The preserved land obligation shall be satisfied when:
a. The approved agricultural conservation easement has been recorded; or b. When the applicant has remitted the approved in-lieu fee to the qualified entity.

B. If a court issues a judgement declaring that the purposes of this chapter and of an agricultural conservation easement can no longer be fulfilled by enforcement of that easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the preserved land, if the following requirements are met:
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Chapter 18.04 Agricultural Land Preservation Ordinance
May 2023 Page 11 of 11

1. Either the action was not contested and the judgement was entered pursuant to stipulation, or the City of Visalia was a party to the action and stipulated to the judgement; and

2. The qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement in other preserved land in compliance with this chapter.

Section 18.04.120 Severability
If any portion of this chapter is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have enacted this chapter and each section, division, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional. 409
Ordinance No. 2023-02
Section 2: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is or any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not effect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of these Ordinances, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 3: Construction. The City Council intends these Ordinances to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Section 4: Effective Date. These Ordinances shall take effect thirty days after its adoption.

Section 5: Certification . The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

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Exhibit “B”
Public Correspondence Received
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412
413
414
From: [email protected]
To: Paul Bernal
Subject: Ag Preservation Ordinance
Date: Tuesday, March 21, 2023 1:38:59 PM
Good Afternoon Paul,
I attended the March 5, 2023 presentation on the Ag Preservation Ordinance and reviewed the ordinance and would like to offer the following comments:

First, Section 18.04.060 (C)(1)(b) states that the property can be excluded if it either hasn't been farmed for four consecutive years or is not on the soil list.

My first reading was that
use of the word "either" is confusing.

Perhaps it should say "one of both of the following."

I
would also like to know whether the Director can make this decision based on information submitted, or if it must go to the Department of Conservation.

It would be clearer if there
was a description of when the Department of Conservation would be required to concur.

b. Acreage that may be designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation but does not meet either of the following standards. Documents demonstrating compliance with either or both standards, shall be submitted to the Director for evaluation and determination, which may include concurrence from the Department of Conservation.

1. Land Use. The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar

years.

2. Soils. The soil type is not listed on the Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance for Tulare

County, as maintained by the Department of Conservation for

purposes of the FMMP.

Second, the current Department of Conservation Farmland Finder maps have not been updated since 2018. They are supposed to be updated every two years, so in using these maps, without additional consideration for exclusions, is relying on outdated information.

Perhaps there should be another mechanism if those maps are outdated.

Thank you for the opportunity to comment on the proposed ordinance.

Darlene Mata 415
416
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March 27, 2023

Paul Bernal
Community Development Director
City of Visalia
315 East Acequia Avenue
Visalia CA 93291

Re: Comment letter on Draft Agricultural Preservation Ordinance_02_24_2023, presented to Visalia City Council on March 6, 2023

Dear Mr. Bernal,

The Central Valley Partnership is dedicated to achieving social, racial, environmental and economic justice in the San Joaquin Valley. We recognize land use policies as an important aspect of our mission, especially related to farmland preservation, infill development and the promotion of smart growth principles.

On March 6, 2023, the Visalia City Council received a staff presentation and provided direction on a draft Agricultural Preservation Ordinance (APO) to implement an Agricultural Mitigation Program as outline in its General Plan Policy LU-P-34. While the overall draft APO is sound, there are a few provisions that are cause for concern as they present potential loopholes or are vague enough to threaten effective implementation.

Here are a few of the most noteworthy concerns that we identified:

Article 1. Program Requirements

Section 18.04.060 Applicability
C. Exclusions

1. Farmland Designation
Subsection b1. Land Use – The policy related to “exclusions” from a Prime Farmland or Farmland of Statewide Importance under this section appears to allow deference to Visalia’s Community Development Director for “evaluation and determination” related to whether the farmland may be in compliance with the California Department of Conservation’s assessment of prime farmland. Of particular concern is subsection #1b1, which appears to allow for exclusion if, “The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar years.”
By appearing to allow exclusion for lands that have been fallowed is not sufficient to negate the need for them to be included for mitigation for their loss. Even more problematic, such an exemption opens a loophole for landowners to stop irrigating a few years prior to plans to develop land as an attempt to avoid mitigating for the loss of these farmlands. Even without irrigation, the productive capacity of the soils is still present, and some fallowing practices can even improve the productive capacity of farmland.

In any case, such an exclusion of these non-irrigated lands for a mere four years is not warranted and threatens the integrity of the overall policy.
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Article 3. Methods of Preservation

Section 18.04.080 Acquisition of Agricultural Conservation Easement B. Eligibility of Land for Easement

1. “The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits.” During the presentation of the draft APO, some city council members questioned whether the 10 mile preference for preserving land be given, some seemed to prefer land that was outside of Tulare County. Ideally, such a preference will be retained and emphasize farmland preservation of properties that are proximate to the threatened farmlands located near urbanized centers just outside their spheres of influence. This distinction – of mitigating for the development value of land as well as for its soil characteristics – is also vitally important to establishing the conservation easement value of the farmland being mitigated for under the future APO. At the least, it makes sense that Visalia should seek to make investments in farmland preservation available to Tulare County farmers first and as a priority.

Section 18.04.090 Payment of In-Lieu Fee
B. Determination of Fee
This section of the draft APO is unclear. Already with the in-lieu fee being determined on a case- by-case basis there is a heightened need for specificity and policy direction, which is attempted in subsection #1: “The purchase price of an agricultural conservation easement, which shall equal 35 percent of the average price per acre of three comparable lands as confirmed through submittal of an appraisal report prepared by a licensed appraiser…”
This definition of comparable lands needs clearer definition, particularly associating it with similar soil quality of the farmland being lost to developed, and with the establishment of a mitigation value that accounts for the proximity of farmland in relationship to proximity to the city. In order to purchase agricultural conservation easements of similar characteristics to farmland that is being lost to development, the value of these farmlands needs to account for their higher valuation due to urbanized pressure. In turn, it will be possible to mitigate for like properties to the farmland being consumed.

The Visalia Agricultural Preservation Ordinance of 2023 is a starting point from which future, more robust policies can be enacted in coming years. Given that the establishment of an Agricultural Mitigation Program on a 1:1 ratio of one acre of preserved land for each acre of converted land as a benchmark, it roughly equates to the loss of fifty percent of all farmland in the region. Such losses of farmland threaten the economic and ecological integrity of the region.

With Southern California as a cautionary example, we hope that the city’s APO policy can be strengthened in future years. It is also important that this current policy be established with strong foundations so that it may be emulated by other cities in Tulare County, a task that will also be addressed in subsequent general plan advocacy at those municipalities.

Sincerely,

Daniel O’Connell
Executive Director
Central Valley Partnership

419
From: Skip Moss
To: Paul Bernal
Subject: Draft Agricultural Preservation Ordinance Comments Date: Monday, March 27, 2023 10:11:06 PM
Attachments: image001.png
You don't often get email from [email protected]. Learn why this is important Mr. Bernal,

We would like to provide comments on the City of Visalia’s Draft Agricultural Preservation Ordinance (“Ordinance”). Natural Resources Group, Inc. is a local company, headquartered in Clovis, CA, that provides mitigation to help offset impacts to many different resources, including losses of farmland.

First, we would like to commend the City on taking an important step in helping to preserve the San Joaquin Valley’s rich agricultural heritage.

In reviewing the City’s proposed ordinance, we wanted to share a couple of thoughts as a mitigation “practitioner”, with decades of experience helping project proponents fulfill their mitigation requirements.

Location of Mitigation: The Ordinance in Article 3, Sect. 18.04.080, B.1, states that a preference be afforded to preserved land located within 10 miles of the City limits. Locating the preservation proximally to the lost resource may help the City achieve open space buffers between neighboring communities, but the implementation of geographic restrictions (even preferences) should be implemented with caution. Geographic restrictions often cause the price of preservation within those area to increase. This is because lands within this boundary will immediately be perceived as having additional value or a lack of supply (or perceived lack of supply) will drive price increases that are not in keeping with regional pricing trends. If the price to implement the Ordinance begins to inhibit the ability for the City to achieve other public goals, then it may be difficult for the City to achieve its objective of finding “balance”.

The preserved farmland should ideally be located in areas that fulfill the Ordinances other objectives; protecting the regional economy and protecting agricultural lands from urban encroachment.

In-Lieu Fee Program: In-Lieu Fee Programs (“ILF”) are a common tool used to offset impacts when more common approaches (like easement acquisition) are difficult or infeasible. The less than 20-acre threshold for participation in the ILF (Article3, Sect. 18.04.090, A.1) would allow smaller projects to mitigate, where they might have difficulty finding a willing seller of such a small acreage easement. The criteria described in Article3, Sect. 18.04.090, A.2, provide a relief mechanism when a project proponent is having difficulty sourcing preservation opportunities. Both conditions for using the ILF highlight why ILF programs can be very difficult to successfully implement. ILF’s effectively transfer the liability for finding suitable ag preservation from the project proponent, to the City – but the circumstances that created the need for the ILF, may then be encountered by the City as it looks to protect land with the collected fees. ILF programs, especially those implemented by cities and counties, often struggle to acquire sufficient lands to fulfill their commitments. If regional land values are appreciating, the fees collected are almost immediately insufficient to meet those 420
commitments – especially if acquisition lags fee-collection for any significant amount of time.

ILF’s are a valuable conservation tool, but programs like “farmland mitigation banks” may fulfill a similar role and not expose the City to the liability of having to implement the preservation.

Thank you for the opportunity to provide input on the City of Visalia’s Draft Agricultural Preservation Ordinance. We would be happy to answer any questions the City might have, or provide specific examples related to the comments above. We look forward to working with the City in its ongoing effort to protect the San Joaquin Valley’s agricultural heritage.

Thank you,

~Skip Moss
President l Natural Resources Group, Inc.

Richard “Skip” Moss
Natural Resources Group, Inc.
559.804.9833
[email protected]
www.natural-resources-group.com

421
February 2023
Visalia Municipal Code
Title 18. Agricultural Land Preservation

QUESTIONS & COMMENTS

18.04.090 (B)3. Payment of In-Lieu Fee, Determination of Fee:

The term “perpetuity” with respect to this provision is tied to the lifetime of the easement. If the term “perpetuity,” on the other hand, applied to the life of the easement--“a restriction making an estate inalienable perpetually or for a period beyond certain limits fixed by law,” i.e., for as long as the easement exists, then, the provisions for monitoring, administering and enforcing the easement would terminate upon expiration of the easement. For the purpose of clarification, therefore, the Ordinance needs to specify whether qualified easements must be permanent or if they may be merely long term.

18.04.060 (B)3. Applicability, Exemptions, Prior Compliance:

Are such projects exempt because a previous project on the site either had obtained an agricultural easement still in effect or paid an in-lieu fee? Please explain and provide examples of projects on sites that have demonstrated compliance

18.04.060 (C)1.b.1&2 Applicability, Exclusions, Farmland Designation, Land Use and/or Soils:

Why should the ordinance exempt projects proposed on prime farmland that have for any reason been out of production for four years or longer? Isn't fallowed land generally more productive than land planted every year? Why exclude any land suitable for agriculture regardless of its history? Has the City identified such land within its Urban Development Boundaries? Why not require the Director to request validation of a claim of exemption on the basis of soil type?

18.04.060 (C)2 Applicability, Exclusions, Project Type or Use:

What are the justifications for prioritizing each of the specified project types over the value of farmland preservation?
*Affordable Housing
*Agricultural processing Isn't off-site food/fiber processing considered an industrial use? *Agricultural buffers Please explain this kind of project, the likely proponents, locations & legal instrument used to converted farmland into “permanent” vegetation. *Public facilities
*Roadways Please give examples of roadway projects and potential applicants. Do these include streets internal to subdivisions?

18.04.080(B)1. Acquisition of Agricultural Conservation Easement, Eligibility of Land for Easement:

Why shouldn't easements be located within a city's sphere of influence, since the City's objective is to preserve farmlands from the effects of urban encroachment? Isn't this provision assuring the encroachment of urban development far beyond the City's urban development boundaries? Certain members of the Council expressed an interest at the second public workshop in assuring unincumbered urban encoachment by exporting its preservation responsibilies far beyond any conceivable future development planning area.

18.04.080(D)1. Acquisition of Agricultural Conservation Easement, Approval of Easement:

Isn't there potential for abuse if the responsibility for reviewing the form of easements for consistency is delegated to a private party?
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18.04.110 (A)1.b. Compliance Review:

I don't understand this provision: Is the project applicant who is eligible to pay an in-lieu fee able to break ground within three years of making an in-lieu fee payment or not until three years or less have passed after making such payment? When is the obligation satisfied “if the in-lieu fee is [not] used to acquire an agricultural conservation easement?”
There needs to be provisions in the ordinance to retroactively subject projects to its requirements which are located in Tier II and which were unlawfully approved in violation of the Agricultural Preservation Mitigation Measures in the City’s General Plan. The ordinance should also include an appendix containing the list of those projects which is made available for public review prior to adoption by the City Council.

Respectfully submitted,
Don Manro
523 North O Street
Tulare CA 93274
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427 South Garden Street - Visalia, California 93277
tel: 559.738.0211 - fax: 559.622.9477
[email protected] - www.sequoiariverlands.org
March 24, 2023

Paul Bernal, City Planner
The City of Visalia
315 E. Acequia
Visalia, CA 93291

Re. Visalia Municipal Code Title, 18 Agricultural Land Preservation, Chapter 18.04 Agricultural Land Preservation Program

Dear Mr. Bernal,

Sequoia Riverlands Trust (SRT) is a California Nonprofit Corporation public benefit corporation that has protected more than 43,300 acres of natural lands across the southern San Joaquin Valley through the establishment of nature preserves and of conservation easements on agricultural and other working lands. As an accredited land trust, SRT holds 75 conservation easements on approximately 26,000 acres of land—mainly working farms and ranches—as well as ten deed restrictions on 4,100 acres in and around the Carrizo Plain. SRT respectfully submits the following comments to the proposed Draft Agricultural Preservation Ordinance as submitted to the City Visalia Council on March 6, 2023, for your consideration;

Article 1. General Provisions

Section 18.04.020 Purpose and Intent

• SRT suggests the City of Visalia (City) consider including the option for the purchase of credits in an Agricultural Land Mitigation Bank as an acceptable form of mitigation.

Section 18.04.050 Definitions

• SRT suggests including a definition for Agricultural Land Mitigation Bank.

Article 2. Program Requirements

Section 18.04.070 Preservation Requirements

• B. Methods of Preservation
o SRT suggests including purchasing credit in an Agricultural Land Mitigation Bank as an acceptable requirement.

424

Article 3. Methods of Preservation

Section 18.04.080 Acquisition of Agricultural Conservation Easement

• B. Eligibility of Land for Easement
o SRT suggests that the applicant be the entity to certify in writing. The qualified entity does not have a contractual obligation or any protection.

• C. Terms of Easement
o 5. SRT suggests narrowing this requirement to any and all financial liens or financial encumbrances shall be subordinated to the conservation easement.

It would put an undue burden on the Landowner to obtain subordination for easement holders.

o 11. SRT suggests the City sign the Conservation Easement stating that it has satisfied the Agricultural Preservation Ordinance and is accepted to form.

• Additional term:
o SRT suggests the City consider allowing for Secondary Dwellings or Farm worker housing. Various Grant programs funded through, The California Department of Conservation for the protection of Agricultural lands require the conservation easement allow provide for this. For reference and consideration we have included the following as contained in the Round 9 Sustainable Agricultural Lands Conservation Protection Program Draft Guidelines:

Additional Requirements and Considerations

Single Family Residences, Secondary Dwelling Units, and Farm Worker Housing

Each single-family residence reserved in the deed is limited to a maximum living area that is consistent with grantee’s policies, local building codes, and the surrounding neighborhood. The residence must not significantly impair the conservation purpose of the deed.

The California Legislature has enacted numerous policies to address the state’s shortage of housing, particularly affordable housing. Easements funded through this program shall not prohibit either secondary dwelling units or farmworker housing. Any easement restrictions on these dwellings cannot be more restrictive than California Government Code section 65852.2 or California Health and Safety Code section 17021.6, respectively.

Section 18.04.090 Payment of In-Lieu Fee

• A. Eligibility of In-Lieu Fee
o 2. b. & c. The applicant should be the entity required to certify in writing. The qualified entity does not have a contractual obligation or any protection.
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• B. Determination of Fee

o 1. SRT suggests clarification as to what land is being appraised. Is the land subject to development the land required to be appraised as conserved with an agricultural conservation easement?

• C. Fee Approval and Remittance
o SRT suggests clarifying the transaction referred to in the sentence “Approval shall occur prior to transaction”.

• D. Use of Fee
o SRT suggests the reference to agricultural easement be revised to refer to conservation easements in plural.

Article IV Monitoring and Compliance

Section 18.04.100 Qualified Entity

• D. Monitoring and Reporting
o SRT suggests that this more generally require the qualified entity to conduct annual monitoring for compliance with easement conditions. The qualified entity shall submit their annual monitoring report on their usual form to the City before February 1 of the year. The report will also include a reporting of the stewardship endowment monies held, and any In-Lieu Fees for the purpose of meeting the requirement of this Ordinance.

Section 18.04.110 Compliance Review

• A. 1 b.
o Please clarify this paragraph.

Sequoia Riverlands Trust thanks you for your time and consideration. We look forward to working with the City of Visalia to protect and preserve our valuable agricultural lands, and please feel free to reach out to us for further consultation on this ordinance or on agricultural conservation easements in general.

Sincerely,

Logan Robertson-Huecker, PhD
Executive Director

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737 North Ben Maddox Way • Visalia, CA 93292 • (559) 732-8301 • (559) 732-7029 FAX E-mail: [email protected] • Web: www.tulcofb.org • Join Farm Bureau: www.joinfb.org

March 24, 2023

City of Visalia Council Members
Attn: Paul Bernal
315 E. Acequia Avenue
Visalia, CA 93291

Dear Council Members, and Mr. Bernal:

Tulare County Farm Bureau is a tax exempt, non-governmental membership association representing more than 1,100 farmers and ranchers in Tulare County. We have long held the belief that agriculture mitigation is not a real solution for the protection of farmland. Easements held in perpetuity with the changing landscape of our industry, and particularly the uncertainty of the Sustainable Groundwater Management Act (SGMA) laws creates significant concerns about how to implement an Ag Preservation Ordinance.

The face of California agriculture is changing rapidly. The industry is under constant threat, with onerous laws and regulations adding complexity and uncertainty to a landowner in determining their best practices for farming and remaining a viable business. Low commodity prices coupled with increasing labor costs, water costs, governmental regulations, and supply costs are contributing factors that makes farming risky and unpredictable. Whether the City re-initiates an agriculture preservation ordinance or not, these are facts, and the industry is having to make difficult choices about land use, in light of those issues. This clouds the discussion around whether agriculture mitigation in fact helps or hinders the long term preservation of farmland. The City of Visalia knows this well, and firsthand, with their own involvement in farming and land holdings of walnuts and pecans.

As much as weather is a variable, farming itself and commodities prices are cyclical too and dependent on a variety of factors. It should be acknowledged by the City and staff, that many of these changes are out of the hands of the landowners and farmers to control. One year they may be able to farm and the next they cannot. The City Council and it’s staff need to incorporate flexibility be able to make changes to the ordinance as the realities of farming changes year to year. Tulare County Farm Bureau is committed to helping ensure viability for farmers and ranchers, but protecting their ability to farm is under constant threat. It seems like an overburdensome request to preserve every acre of farmland within Tier II and III, when farmers are currently trying to simply preserve their livelihoods. Contemplating the need to permanently set aside land for preservation of farming, when other farmland may be idled or their ability to farm extinguished is challenging. President Dwight D.

Eisenhower once said, “Farming looks mighty easy when your plow is a pencil and you’re a thousand miles from the corn field.” Often times we see outside interests seeking to influence the ag preservation policy who have little to no knowledge of what it takes to make a farm and the land profitable.

In speaking with a local land appraiser, they offered, that the size of a property plays a key role in its ability to produce enough agricultural goods and services to constitute the economic feasibility of that property. In the local Tulare County market, parcels less than 20 acres in size have a different highest and best use than that of a 100-acre property. Properties under 20 acres are desirable in the market for rural residential development.

Rural residential properties tend to sell for higher prices than larger properties because the buyers are not purchasing these properties based on their agricultural income producing ability, but for their residential desires.

When it comes to farming, efficiencies are gained when the cost can be divided over a larger acreage. Small properties do not have this luxury and are not truly capable of producing enough income on a stand-alone basis to cover the basic input costs associated with farming. Therefore, small farms are not usually considered economically viable farming units. If a property that small is not considered economically viable, then why

TULARE COUNTY FARM BUREAU

Mission: to promote and enhance the viability of Tulare County agriculture. 427

should it be required to be preserved in perpetuity for agriculture? In order to preserve agriculture, it should first be determined that it is considered viable for agriculture. Consideration should be given to only preserving true agricultural properties, and not rural residential properties. Although there is not an industry standard on size, feasibility for production is usually much larger than 20 acres.

The following summary statements provide our suggested changes to the draft APO:
- The acreage threshold for mitigation should be set at 20 acres or more, a 5-acre project should not trigger the mitigation requirement. If preserved land should be a minimum of 20 contiguous acres in size, then 20-acre minimum should be standardized across the draft. - The 10-mile radius from town is not reasonable, it will unlikely be possible to locate land of suitable type to be sufficient to comply with the ag mitigation requirements. We recommend removing the 10-mile language.
- Considering the significant changes that SGMA is implementing now, requiring multiple sources of water for agriculture production will be a speculative and untenable situation that may result in the land not being farmable. It should be noted, that SGMA is changing agricultural land uses quicker than the State Dept. of Conservation’s FMMP can even track, and farmers are already having to fallow lands that lack sufficient water.
- The stipulations for using the in-lieu fee should be the same as the mitigation requirement, that it can be applied to land within the 5-county region identified. A landowner should be able to opt in to the in-lieu fee choice without having to incur additional costs to prove that an attempt has been made. - After consultation with local appraisers, the 35% of average price of three comparable parcels referenced under Determination of Fee seems arbitrary and unsupported. Easements are valued based on what rights the property owner is forfeiting. Depending on the location of the easement and the likelihood of development, an easement could cost anywhere from 5% to 50%, with most transactions closer to the lower end. The 35% seems to be an artificial number that could increase costs unnecessarily and hinder economic development for the City of Visalia.
- Utilizing the in-lieu fees solely for acquiring agricultural conservation easements burdens all Tulare County farmers. Instead, draft language should be modified or in-lieu fees earmarked to help the existing farmers to continue farming within the City’s urban development boundaries or sphere of influence. The entire purpose and intent of the Agricultural Land Preservation Program is to preserve prime agricultural land and what better way to do that than by assisting those who are farming. In-lieu fees should be used to help existing farmers within the City’s Sphere of Influence, to provide abatement and clean up services for trash dumping, rural crime, nuisance, trespass, and other challenges that exist for farmers at the edge of urban development.

Tulare County Farm Bureau was founded in 1917, right here in Visalia. We are a non-profit organization made up of agricultural producers in Tulare County who understand farming and ultimately rely on its success.

Our organization wants nothing more than to preserve prime farmland and continue to produce high-quality crops that provide food and fiber to more than 90 countries throughout the world, however, we feel strongly that this new ordinance is not helping to accomplish that goal. If you want to better understand the challenges facing farmers, specifically Visalia area farmers, please don’t hesitate to contact our office.

Sincerely,

Tricia Stever Blattler
Executive Director

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CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
City Council Hearing
May 1, 2023

AGRICULTURAL

PRESERVATION ORDINANCE
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CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

PROCESS
2 30+ Day Public Review
October 2022 December 2022 March 2023 May 2023
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CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

PUBLIC REVIEW
3 32-day review period
Friday, February 24th through Monday, March 27th
8 total comment letters received
• Michelle Huerta
• Darlene Mata
• Sequoia Riverlands Trust
• Eric Shannon
• Tulare County Farm Bureau
• Central Valley Partnership
• Skip Moss
• Dan Manro (received late)
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CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

SUMMARY OF REVISIONS
4 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions

18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries. 432

CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

SUMMARY OF REVISIONS
5 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions

18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.

Article 2: Program Requirements. Applicability, Preservation Requirement

18.04.060 Applicability Exclusion for affordable housing projects revised from 100% affordability requirement to compliance with State Density Bonus Law.
433

CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

SUMMARY OF REVISIONS
6 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions

18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.

Article 2: Program Requirements. Applicability, Preservation Requirement

18.04.060 Applicability Exclusion for affordable housing projects revised from 100% affordability requirement to compliance with State Density Bonus Law.

Article 3: Methods of Preservation. Acquisition of Conservation Easement, Payment of In-Lieu Fee

18.04.080 Acquisition of
Conservation Easement
Language acknowledging that use of land mitigation banks are a form of easement acquisition added.

Clarification added for appraisals to be based on the highest and best use of the property when determining the purchase price of the easement.

Removed requirement to demonstrate that no land is available within a 10-mile radius.

Preference language for 10-mile radius retained.

18.04.090 Payment of In-Lieu Fee Use of in-lieu fee expanded to include anywhere in the 5-county region. 434

CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

SUMMARY OF REVISIONS
7 Section Summary of Revision
Article 1: General Provisions. Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions

18.04.050 Definitions Definition of “public facility” expanded to include general hospitals and public cemeteries.

Article 2: Program Requirements. Applicability, Preservation Requirement

18.04.060 Applicability Exclusion for affordable housing projects revised from 100% affordability requirement to compliance with State Density Bonus Law.

Article 3: Methods of Preservation. Acquisition of Conservation Easement, Payment of In-Lieu Fee

18.04.080 Acquisition of
Conservation Easement
Language acknowledging that use of land mitigation banks are a form of easement acquisition added.

Clarification added for appraisals to be based on the highest and best use of the property when determining the purchase price of the easement.

Removed requirement to demonstrate that no land is available within a 10-mile radius.

Preference language for 10-mile radius retained.

18.04.090 Payment of In-Lieu Fee Use of in-lieu fee expanded to include anywhere in the 5-county region.

Article 4: Monitoring and Compliance. Qualified Entity, Compliance Review, Severability

18.04.110 Compliance Review When payment of in-lieu fees are applicable, payment of fee will determine compliance. 435

CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE

RECOMMENDATION
Staff recommends that the Visalia City Council:
• Hold a public hearing,
• Receive a presentation and staff report, and
• Introduce the first reading of Ordinance No. 2023-02, approving a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. 8 436
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0155 Agenda Date: 5/1/2023 Agenda #: 1.

Agenda Item Wording:

UPCOMING CITY COUNCIL MEETINGS:

Monday, May 15, 2023 @ 7:00 p.m., 707 W. Acequia
Monday, June 5, 2023 @ 7:00 p.m., 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for details.

In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. 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 Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.

Visalia City Council Printed on 4/28/2023Page 1 of 1
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Visalia City CouncilMay 1, 2023

Visalia City Council
May 1, 2023