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
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.
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
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.
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.
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”
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).
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.
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)
• 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.
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.
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 f or Visalia’s Regional Housing Needs Allocation.
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.
Change of Zone No. 2022-02
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 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”.
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.
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
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;
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:
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.
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
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;
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,
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;
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;
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.
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.
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.
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;
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)
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.
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)
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
Resolution No. 2022-43
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.
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.
Resolution No. 2022-43
EXHIBIT “A”
GENERAL PLAN AMENDMENT NO. 2022-01
Planning Commission – Resolution No. 2022-43
Existing General Plan Land
Use Designation
Resolution No. 2022-43
Proposed General Plan Land
Use Designation
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 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 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
Resolution No. 2022-44
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.
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.
Resolution No. 2022-44
EXHIBIT “A”
CHANGE OF ZONE NO. 2022-02
Planning Commission – Resolution No. 2022-44
ZONING MAP
Existing Zoning
Designation
Resolution No. 2022-44
ZONING MAP
Proposed Zoning
Designation
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 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 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
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.
Resolution No. 2023-07
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:
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.
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.
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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PRELIM SPR REVIEW10/4/2022
SPR SUBMITTAL10/21/2022
SPR E-SUBMITTAL02/13/2023
SITE PLAN PD-2
1" = 160'-0"2 SITE PLAN -
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
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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
1010
10001421
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SITE
IMPROVEMENT
N RINALDI ST
CEMETERY
DRIVE LANE
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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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
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 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.
.
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.
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).
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.
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.
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 n o physical effects.
REASON FOR PROJECT EXEMPTION
Cristobal Carrillo, Associate Planner (559) 713-4443
CONTACT PERSON AREA CODE/PHONE
DATE Brandon Smith
ENVIRONMENTAL COORDINATOR
0 200 400100
Feet
General Plan
Land Use Map
N Jacob St
N Turner St
W Goshen Ave
N Rinaldi St
W Allen Ave
W Sady Ave
W Grove Ave
W Switzer Ave
W Murray Ave
W Roosevelt Ave
N Rinaldi St
W Roosevelt Ave
Vicinity Map
Akers
Dinuba
Mooney
Demaree
Walnut
G o s h e n Houston
Lovers Lane
Caldwell
Court
Hwy 99
Noble
Riggin
Shirk
P
l
a
z
a
Betty
Hwy 198
.Commercia Mixed Use
Commercial Neighborhood
Public Institutional
Residential High Density
Residential Low Density
Residential Medium Density
0 200 400100
Feet
Zoning Map
N Jacob St
N Turner St
W Goshen Ave
N Rinaldi St
W Allen Ave
W Sady Ave
W Grove Ave
W Switzer Ave
W Roosevelt Ave
W Murray Ave
Alley
N Rinaldi St
W Roosevelt Ave
Vicinity Map
Akers
Dinuba
Mooney
Demaree
Walnut
G o s h e n Houston
Lovers Lane
Caldwell
Court
Hwy 99
Noble
Riggin
Shirk
P
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a
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a
Betty
Hwy 198
.C-N Neighborhood Commercial
C-MU Mixed Use Commercial
QP Quasi-Public
R-1-5 Single-family Residenital
R-M-2 Multi-family Residenital
R-M-3 Multi-family Residenital
0 200 400100
Feet
Aerial Photo
N Jacob St
N Turner St
W Goshen Ave
N Rinaldi St
W Murray Ave
W Allen Ave
W Grove Ave
W Sady Ave
W Switzer Ave
W Roosevelt Ave
Alley
N Dudley St
N Rinaldi St
N Jacob St
W Roosevelt Ave
Vicinity Map
Akers
Dinuba
Mooney
Demaree
M
a i n
Walnut
G o s h e n
Houston
Noble
Lovers Lane
Caldwell
Court
Hwy 99
Riggin
Shirk
P
l
a
z
a
Betty
Hwy 198
.
0 200 400100
Feet
Location Map
N Jacob St
N Turner St
W Goshen Ave
N Rinaldi St
W Sady Ave
W Switzer Ave
W Allen Ave
W Grove Ave
W Murray Ave
W Roosevelt Ave
Alley
N Rinaldi St
W Grove Ave
W Roosevelt Ave
Vicinity Map
Akers
Dinuba
Mooney
Demaree
Walnut
G o s h e n Houston
Lovers Lane
Caldwell
Court
Hwy 99
Noble
Riggin
Shirk
P
l
a
z
a
Betty
Hwy 198 .
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.
⚫ Page 2
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.
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 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 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
Resolution No. 2022-43
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).
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:
Resolution No. 2022-43
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.
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. 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.
Resolution No. 2022-43
Paul Bernal, Community Development Director
Marvin Hansen, Chairperson
Resolution No. 2022-43
EXHIBIT “A”
GENERAL PLAN AMENDMENT NO. 2022-01
Planning Commission – Resolution No. 2022-43
Existing General Plan Land
Use Designation
Resolution No. 2022-43
Proposed General Plan Land
Use Designation
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 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 February 27, 2023; and WHEREAS, at the February 27, 2023 Planning Commission meetin g 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 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
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
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.
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 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:
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.
Resolution No. 2022-44
Paul Bernal, Community Development Director
Marvin Hansen, Chairperson
Resolution No. 2022-44
EXHIBIT “A”
CHANGE OF ZONE NO. 2022-02
Planning Commission – Resolution No. 2022-44
ZONING MAP
Existing Zoning
Designation
Resolution No. 2022-44
ZONING MAP
Proposed Zoning
Designation
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 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 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
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 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.
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 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:
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.
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 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.
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