CITY OF VISALIA
CITY COUNCIL
December 3, 2024
CONDITIONAL USE PERMIT NO. 2024-17
Request:
City Council consider two appeals of the Planning Commission’s approval of CUP No. 2024-17, an amendment to CUP No. 2019-17, for the establishment of a fuel dispensing service station and a car wash, within the Commons at Visalia Parkway Shopping Center, in the C-R Zone.
Recommendation:
Staff recommends the City Council receive the presentation, hold a public hearing, and adopt Resolution No. 2024-68, denying the appeals and upholding the Planning Commission’s approval of CUP No. 2024-17.
MOONEY
WESTLAKE VILLAGE MOBILE HOME PARK
CAMERON
VISALIA
MIDVALLEY
COTTONWOOD CREEK ELEMENTARY
PERRY FAMILY PARK
WESTLAKE VILLAGE MOBILE HOME PARK
MOONEY
VISALIA
PACKWOOD CREEK SHOPPING CENTER
OAKS MARKETPLACE SHOPPING CENTER
SERVICE STATION
CAR WASH
An expanded service station:
14 fueling stations (28 positions).
9,000 sq. ft. fueling station canopy.
200 sq. ft. fueling station building.
Queuing for 70 vehicles.
Will operate in conjunction with the retail store.
A 7,500 sq. ft. “Mister” car wash facility:
Automated and manual service, waxing, detailing.
22 drying stations.
Vehicle queuing for up to 24 vehicles.
PROJECT DESCRIPTION - CUP
A 172,000 sq. ft. big box retail membership club store.
A 5,588 sq. ft. fast-food restaurant:
Dual drive-thru lane for 35 vehicles.
Complies with all drive-thru performance standards listed within Visalia Municipal Code Section 17.32.162.
On/Off-Site Improvements:
1,141 stall parking field with 30 ft. tall light poles.
Onsite landscaping.
Widening of West Visalia Parkway to South Dans Street.
PROJECT DESCRIPTION – BY RIGHT
2nd Phase
1st Phase
EXISTING DEVELOPMENT
FAST FOOD RESTAURANT
CAR WASH
SERVICE STATION
BIG BOX RETAIL STORE
PLANNING COMMISSION MEETING
September 23, 2024 (Public Hearing).
Public comment received citing environmental impacts to elderly residents of Westlake Village:
Location and operation of service station;
Health Risk Assessment (HRA) analysis;
Requested that an advisory 300 ft. setback noted in the HRA be observed for the service station.
Applicant stated would relocate service station further eastward.
Planning Commission requested revisions to the conditions of approval, and directed the applicant to provide a revised site plan.
Item approved 4-0 (Commissioner Tavarez absent).
PLANNING COMMISSION MEETING
October 14, 2024 (Consent Item).
Revised site plan relocated gas station 160 ft. from shared property boundary.
Revised HRA confirmed conclusions of original study.
Public comment cited environmental impacts and requested that the City impose the 300-foot setback.
Item approved 4-1 (Commissioner Norman opposed).
93’
1157’
9/23/2024
10/14/2024
APPEAL OF CUP APPROVAL
Two appeals filed October 24, 2024:
Appeal No. 1 - Filed by William N. Hannah, attorney representing Westlake Village property owner.
Claim the City did not observe proper public notification procedures, and failed to conduct adequate environmental review.
Appeal No. 2 - Filed by Anna Maier, representing Westlake Village residents & members of the public.
Claim that there was an error and abuse of discretion by the Planning Commission, and that it lacked sufficient evidence to approve CUP No. 2024-17.
Claims touch on many areas of possible indiscretion (ex. HRA analysis, impacts from noise, traffic, impacts to wildlife, housing, etc.).
APPEAL CLAIMS & CITY RESPONSES
Air Quality/HRA
Claim: That the HRA was flawed, in particular in its lack of deference to California Air Resources Board (CARB) guidance for the siting of service stations 300 ft. from sensitive receptors.
Response:
The applicant followed Valley Air District and CARB guidance in its HRA evaluation.
The 300 ft. setback is advisory. When it cannot be met, the guidance allows for a “site specific analysis” to determine actual risk.
Analysis determined that project emissions generated during operation would not expose sensitive receptors to substantial pollutant concentrations.
Analysis accounted for toxic air contaminants associated with the project, and emissions from onsite vehicle circulation.
APPEAL CLAIMS & CITY RESPONSES
Noise
Claim: That noise impacts where not adequately analyzed or addressed, in particular from onsite vehicle traffic.
Response:
Supplemental noise analysis provided incorporates trip generation, onsite traffic circulation, and mobile home construction information.
Analysis determined that input of additional factors would not produce additional impacts.
Analysis determines that original mitigation measures are still appropriate:
8 ft. tall block walls along western property boundary.
Limitation of hours of operation for loading dock, delivery trucks (7a-10p daily) Adherence to measures to reduce construction operation noise.
Conditions applied to limit noise (8 ft. wall to south, verification of noise analysis compliance prior to operation, landscape screening).
APPEAL CLAIMS & CITY RESPONSES
Traffic
Claim: Traffic projections are based on figures from a non-equivalent site, and W. Visalia Pkwy is inadequate to support project traffic.
Response:
The facility used as a basis for projections (Sam’s Club, Bakersfield, CA) is within an active shopping center, largely surrounded by commercial and residential development, similar to the project.
West Visalia Parkway will be widened to its ultimate four lane width, between the project and South Dans Street to the west, prior to occupancy of any of the proposed uses.
Wildlife
Claim: The environmental review did not account for impacts to wildlife and habitat within Westlake Village.
Response:
No evidence provided confirming that species or habitats of note are present within Westlake Village.
The General Plan Draft EIR identifies no such special status species onsite.
LAND USE COMPATIBLITY
All proposed uses allowed in C-R Zone:
Service station, carwash = CUP
Big box retail store, drive-thru = Permitted by right.
Regional Commercial land use designation supports use.
Compatible with areas to north and east.
Mitigation/Conditions of Approval:
Limitation on delivery/loading dock hours of operation. 8 ft. tall block walls (west and south).
Screening of parking lot light poles, wall pack lighting.
Verification of compliance with studies (noise, lighting).
Screening trees to south and west.
ENVIRONMENTAL STUDIES
Air Quality/Health Risk Assessment:
Emissions under threshold required to warrant additional modeling.
Determined use would not expose sensitive receptors to substantial pollutant concentrations.
Acoustical Analysis: Impacts addressed through mitigation:
8 ft. tall block wall to west. (COA for 8 ft. wall to south added).
Limited hours for loading dock/delivery – 7AM - 10PM daily.
Adherence to measures to reduce construction noise.
Trip Generation Memo: Trips within ranges accounted for in original Traffic Impact Analysis.
PUBLIC COMMENT
Public comment received from Sierra Club.
Requested incorporation of GHG emissions reduction measures, including installation of dedicated electric vehicle (EV) charging facilities and solar carports.
The inclusion of EV equipment in development projects is already built into City Building Permit reviews, based on the total number of parking stalls proposed.
Installation shall be verified during Building Permit inspections.
That the City Council adopt Resolution No. 2024-68, denying the appeals and upholding the Planning Commission’s approval of CUP No. 2024-17. .
STAFF RECOMMENDATION
FAST FOOD RESTAURANT
CAR WASH
SERVICE STATION
BIG BOX RETAIL STORE
93’
1157’
9/23/2024
10/14/2024
N