RESOLUTION NO 2024-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEALS AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2024-17, A REQUEST BY DEREK FINNEGAN / LARS ANDERSON & ASSOCIATES TO AMEND CONDITIONAL USE PERMIT NO. 2019-31, FOR THE ESTABLISHMENT OF A 172,000 SQUARE FOOT COMMERCIAL BUILDING FOR THE SALE OF GENERAL RETAIL MERCHANDISE WITH A FUEL DISPENSING SERVICE STATION AND A CAR WASH, WITHIN THE COMMONS AT VISALIA PARKWAY SHOPPING CENTER, LOCATED IN THE C-R (REGIONAL COMMERCIAL) ZONE. THE PROJECT SITE IS LOCATED ON THE SOUTHWEST CORNER OF SOUTH MOONEY BOULEVARD AND WEST VISALIA PARKWAY (APNS: 121-620-004, 005, 006, 007, 008, 013, 014) WHEREAS, Conditional Use Permit No. 2024-17 is a request by Derek Finnegan / Lars Anderson & Associates to amend Conditional Use Permit No. 2019-31, for the establishment of a 172,000 square foot commercial building for the sale of general retail merchandise with a fuel dispensing service station and a car wash, within the Commons at Visalia Parkway Shopping Center, located in the C-R (Regional Commercial) Zone. The project site is located on the southwest corner of South Mooney Boulevard and West Visalia Parkway (APNs: 121-620-004, 005, 006, 007, 008, 013, 014); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on September 23, 2024; and WHEREAS, the Planning Commission tentatively approved the project by a vote of 4-0 (Commissioner Tavarez absent), but requested that staff submit a modified resolution incorporating revisions requested by the Commission, and that the applicant submit a revised site plan relocating the proposed service station further eastward, and that the revised resolution and site plan exhibit be considered as a Consent Calendar item at the next regular meeting of the Commission, on October 14, 2024; and WHEREAS, on October 14, 2024 the Planning Commission reviewed revised Planning Commission Resolution No. 2024-48 and the revised site plan exhibit as a Consent Calendar item; and WHEREAS, the Planning Commission of the City of Visalia found the Conditional Use Permit to be in accordance with the 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, two appeals of the Planning Commission’s approval of Conditional Use Permit No. 2024-17 were received on October 24, 2024, stating that the City of Visalia did not observe proper public notification procedures for the project, failed to conduct adequate environmental review to address impacts from the gas station use to wildlife and sensitive receptors, did not properly analyze impacts from air pollution and noise, that there was an error and abuse of discretion by the Visalia Planning Commission when it acted to approve Conditional Use Permit No. 2024-17, and that the Commission lacked sufficient evidence to support its decision; and WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on November 18, 2024; and WHEREAS, on November 18, 2024 the Council of the City of Visalia continued the public hearing for Conditional Use Permit No. 2024-17 to the meeting of December 3, 2024 due to the receipt of a continuance request from property owner Jim Shehadey to allow for additional time to address the claims in the two appeal filings; and WHEREAS, the City Council of the City of Visalia, after ten (10) days of a published public hearing notice held a public hearing before said Council on December 3, 2024; and WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Mitigated Negative Declaration No. 2024-26 (State Clearinghouse 2024080917) for Conditional Use Permit No. 2024-17, which was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Visalia approves the proposed conditional use permit based on the following specific findings and based on the evidence presented:
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.
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:
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. The proposed retail building and fast-food restaurant meeting all drive-thru performance standards are permitted uses “by right” within the C-R Zone. Ancillary uses conducted within the general retail store, such as the sale of merchandise, groceries, tire sales & service (excluding major repairs), optical exams and sales, hearing aid testing and sales, fast food, specialty food (i.e. butcher), alcohol sales, and propane sales are all permitted as standalone or incidental uses in this zone. The service station and carwash uses are also permitted through approval of a CUP. All proposed uses identified in the site plan exhibit will be situated within an established shopping center and will be compatible with the surrounding commercial areas to the north and east which contain either fully developed and/or developing shopping centers (Packwood Shopping Center to the north, Oaks Marketplace to the east). Furthermore, the General Plan identifies the Regional Commercial designation as one which allows for “Shopping malls, large format, or “big box” retail” [and] “…supporting uses such as gas stations and hotels”. The uses proposed within the revised Commons at Visalia Parkway master planned commercial shopping center fit under the Regional Commercial land use designation.
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. The General Plan identifies the Regional Commercial designation as one which allows for “Shopping malls, large format, or “big box” retail” [and] “…supporting uses such as gas stations and hotels”. The uses proposed within the revised Commons at Visalia Parkway master planned commercial shopping center fit under the Regional Commercial land use designation. The project is conditioned properly to ensure that all impacts have been properly mitigated.
That an Initial Study was prepared for the proposed project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant with mitigation, and therefore Mitigated Negative Declaration No. 2024-26 (State Clearinghouse No. 2024080917) can be adopted for this project.
BE IT FURTHER RESOLVED that the City Council hereby denies the appeal and upholds the Planning Commission’s approval of Conditional Use Permit No. 2024-17 on the real property hereinabove 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:
That the project shall comply with all conditions of approval and mitigation measures required by Conditional Use Permit No. 2019-31 and Tentative Parcel Map No. 2019-13, except as modified or superseded by conditions of approval and/or mitigation measures listed below.
That the project be developed in substantial compliance with Site Plan Review No. 2023-202.
That the project will be developed in substantial compliance with the revised exhibits reviewed by the Visalia Planning Commission on October 14, 2024, as follows: revised site plan in Exhibit "A", street improvements/cross sections in Exhibit “C”, revised conceptual landscaping plan in Exhibit “D”, conceptual photometric plan and lighting information in Exhibit “E”, revised building elevations in Exhibit “F”, phasing plan in Exhibit “G”, pedestrian connectivity exhibit in Exhibit “I”, revised floor plans in Exhibit “J”, anchor tenant roof plan and revised sight lines exhibit in Exhibit “K”, operational statement in Exhibit “L”, queuing analysis’ in Exhibit “M”, and fuel truck circulation exhibit in Exhibit “N”. Any subsequent changes to the plans depicted in Exhibits “A”, “C”, “D”, “E”, “F”, “G”, “I”, “J”, “K”, “L”, “M", and “N” shall be reviewed and approved by the Site Plan Review Committee and may be subject to an amendment of the Conditional Use Permit.
That the project will be developed in substantial compliance with the revised monument signage and master sign program modifications in Exhibit “H”, except as modified by the conditions of approval for Conditional Use Permit No. 2024-17.
That solid landscape screening, such as a 3-foot-high solid hedge, or a screening wall shall be installed where parking areas or drive-thru lanes and landscape setbacks meet.
That any CC&R’s, shared access, and shared parking agreements applicable to the overall shopping center complex shall be revised to address the inclusion of the proposed facilities, approved by City staff, and recorded with the Tulare County Recorder, prior to issuance of issuance of Building Permits for the proposed uses.
That prior to final occupancy of the big box retail store, service station, and carwash facility, the applicant/developer shall verify that the uses do not exceed Community Noise levels as identified in the noise analysis (Acoustical Engineering Services, Inc., May 2024 Environmental Noise & Vibration Assessment: SWC W. Visalia Parkway & S. Mooney Boulevard Development. Bollard Acoustical Consultants, Inc., July 15, 2024). The applicant/developer shall have their acoustical noise consultant conduct noise measurements for the uses and the measurement shall be submitted and verified by Planning staff for acceptance. Failure to meet the noise requirements as specified in the acoustical analysis shall result in the applicant/developer implementing additional measures as needed to achieve noise level standards for the residences.
That prior to final occupancy of any building proposed in Exhibit “A”, the applicant/developer shall verify that the parking lot lighting does not exceed an output of 0.5-foot candles measured at property line, in accordance with the site photometric plan submitted in Exhibit “E”. The applicant/developer shall have their electrical or construction contractor conduct a light measurement to be submitted and verified by Planning staff prior to final occupancy. Failure to meet requirements as specified in the photometric plan shall result in non-operation of the site until light levels are met.
Parking lot pole lighting and building wall pack lighting on the building exteriors shall be designed and screened so as to direct light downward and shall not produce glare onto adjacent residential areas to the south and west of the project site.
That flat lens fixtures be utilized for the service station under canopy lights to preclude direct light glare beyond the fuel islands.
That not more than ten consecutive parking stalls shall be allowed without an approved landscaped tree well of eighty (80) square feet or more. All new parking areas as depicted in Exhibit “A” and Exhibit “D” shall be revised to reflect this requirement.
That the applicant shall install an eight-foot-tall block wall along the southern and western boundary of the project site adjacent to residential zonings. The height of the block wall shall be measured from the adjacent property grade of 2400 West Mid Valley Avenue (APNs: 121-620-001 and 121-620-002).
That the applicant shall relocate the proposed trash enclosure at the southwest corner of the project site, away from residential uses. The proposed new location of the trash enclosure shall be finalized during Building Permit review.
That all buildings shall comply with the building and landscape setbacks for the C-R (Regional Commercial) Zone specified in Visalia Municipal Code Chapter 17.18.
That monument signage for the proposed service station and car wash shall be developed consistent with Visalia Municipal Code standards for monument signs pertaining to commercial uses, specified in Visalia Municipal Code Section 17.48.110, and with the master sign program established via Conditional Use Permit No. 2019-31 and Tentative Parcel Map No. 2019-13.
That the mitigation measures found within the Mitigation Monitoring Plan for Mitigated Negative Declaration No. 2024-26 (State Clearinghouse No. 2024080917) are hereby incorporated as conditions of Conditional Use Permit No. 2024-17, listed below as follows:
Noise Impact Mitigation Measure 1.1: All project loading dock activities shall be limited to daytime hours only (7:00 a.m. to 10:00 p.m.).
Noise Impact Mitigation Measure 1.2: The height of the existing 7-foot-tall masonry wall along the western project property boundary shall be increased to a minimum height of 8-feet. The location of the required 8-foot-tall masonry wall is illustrated in Figure 4. It should be noted that Section 17.36.050 of the Visalia Municipal Code limits the height of commercial walls to 7-feet-in-height when located in a rear yard, such as the existing 7-foot-tall wall adjacent to the project site. As a result, the project applicant would be required to file for an Administrative Adjustment to permit the additional 1-foot of wall required for compliance. As an alternative, an 8-foot-tall masonry wall may be constructed adjacent to the existing 7-foot-tall wall (i.e., off the property line).
Noise Impact Mitigation Measure 1.3: All on-site delivery truck circulation shall be limited to daytime hours only (7:00 a.m. to 10:00p.m.).
Noise Impact Mitigation Measure 1.4: To the maximum extent practical, the following measures should be incorporated into the project construction operations:
All on-site noise-generating construction activities should occur pursuant to Visalia Municipal Code Section 8.36.050.
All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition.
All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity.
Electrically powered equipment shall be used instead of pneumatic or internal combustion-powered equipment, where feasible.
Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive uses.
Project area and site access road speed limits shall be established and enforced during the construction period.
Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.
That all of the conditions and responsibilities of Conditional Use Permit No. 2024-17 shall run with the land and subsequent owners/operators shall also be subject to all of the conditions herein, unless amended or revoked.
All on-site truck deliveries, including trucks delivery fuel, for the big box retail membership club store and associated service station shall be limited to 7:00 a.m. to 10:00 p.m. Fuel deliveries shall follow the route identified in the fuel truck circulation exhibit in Exhibit “N”.
That the applicant and all successors in interest shall comply with all applicable federal, state and city codes and ordinances.
That evergreen screening trees shall be placed along the entire western boundary of the project site.
Resolution No. 2024-68