RESOLUTION NO 2025-15
A RESOLUTION OF THE city council OF THE CITY OF VISALIA denying the appeal and UPHOLDING the planning commission’s approval of Conditional Use Permit No. 2024-26: A request to allow a planned development that includes the creation of lots without public street frontage, reduced lot sizes, and the establishment of two pads with drive-through lanes, convenience store, and car wash. The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN: 077-840-004, 005, 006) WHEREAS, Conditional Use Permit No. 2024-26 is a request to allow a planned development that includes the creation of lots without public street frontage, reduced lot sizes, and the establishment of two pads with drive-through lanes, convenience store, and car wash. The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN: 077-840-004, 005, 006); and WHEREAS, the Draft Environmental Impact Report and appendices attached thereto (collectively, the “Draft EIR”) for the Shirk & Riggin Industrial Park Project, which considered impacts from Conditional Use Permit No. 2024-26, was released on April 11, 2024, for circulation for a period of 45 days, ending on May 28, 2024; and, WHEREAS, the Final EIR was released on January 17, 2025; for purposes herein, the “Final EIR” consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses of the City of Visalia to significant environmental points raised in the review and consultation process; errata to the foregoing; and other information included by the City of Visalia as detailed more fully therein and as specified in the record; and, WHEREAS, the California Environmental Quality Act (CEQA) required that, in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which in full are contained in Planning Condition Resolution No. 2025-05 pertaining to the certification of the Final EIR prepared for the Shirk and Riggin Industrial Park Project; and, WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on February 10, 2025; and WHEREAS, the Planning Commission of the City of Visalia found Conditional Use Permit No. 2024-26 in accordance with Section 17.38.110 of the Zoning Ordinance of the City of Visalia, based on the evidence contained in the administrative record, including, without limitation, the staff report and testimony presented at the public hearing, and approved Conditional Use Permit No. 2024-26 subject to findings and conditions; and, WHEREAS, an appeal of the Planning Commission’s approval of Tentative Parcel Map No. 2024-08 and Conditional Use Permit No. 2024-26 was received by the City Clerk of the City of Visalia on February 20, 2025; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on March 17, 2025 to consider said appeal; and, WHEREAS, the City Council of the City of Visalia has now considered the appeal of Conditional Use Permit No. 2024-26 in accordance with Visalia Municipal Code Section 17.38.120, and more fully in accordance with Visalia Municipal Code Chapter 17.38, based on the evidence contained in the administrative record, including, without limitation, the staff report and testimony presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia has separately found that the Final EIR for the Shirk & Riggin Industrial Park Project, State Clearinghouse No. 2022080658, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines, and that in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which are now, in full, contained in City Council Resolution No. 2025-09 pertaining to the certification of the Final EIR prepared for the Shirk and Riggin Industrial Park Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings 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 applicable 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 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.
That this Conditional Use Permit is consistent with the project description and the analysis contained in the Final EIR (SCH# 2022080658), and for which said Final EIR has been certified by the City Council of the City of Visalia, consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.
BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby denies the appeal and upholds the Planning Commission’s approval of Conditional Use Permit No. 2024-26 on the real property herein above 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 be developed in substantial compliance with Site Plan Review No. 2024-096.
That the commercial uses illustrated on the site plan in Attachment 2, attached herein, and described in the operational statement in Attachment 4, attached herein, consisting of a convenience store with drive-through lane, gas station, car wash, and restaurant pad with drive-through lane, shall be separately submitted to and evaluated by the Site Plan Review group as described in Visalia Municipal Code Chapter 17.28 prior to proceeding with applying for the necessary city permits. No additional conditional use permit nor an amendment to a conditional use permit is required for these uses if they are developed at the same quantity and scale shown on the site plan and described in the operational statement.
That the project shall be developed in general conformity with the site plan in Attachment 2, with specific details of the development layout to be confirmed through Site Plan Review as described in Condition No. 2. Any subsequent changes to the development plan layout depicted in Attachment 2, attached herein, shall be reviewed and approved by the Site Plan Review Committee and may be subject to an amendment of the Conditional Use Permit.
That a queuing analysis shall be submitted, accepted, and implemented for each of the drive-through lanes associated with the commercial uses.
That CC&R’s including vehicular access, shared parking, landscaping and permanent maintenance of all common areas such as the public street parkways and perimeter landscaping, project identification signage and walls, stormwater basins and related infrastructure, and all similar infrastructure agreements shall be recorded with the final parcel map. The CC&R’s and/or vehicular access agreements shall address property owners’ responsibility for repair and maintenance of the easement, repair and maintenance of shared public or private utilities, and shall be kept free and clear of any structures. All property owners are equally responsible for these requirements. The City Planner and City Engineer shall review for approval these CC&R’s or vehicular access agreements verifying compliance with these requirements prior to the CC&R’s recordation.
That the car wash and drive-through queue lanes shall not be visible from the public right-of-way. This shall be achieved by designing the site in a manner such that the queue lane is not located parallel with public street frontages, or by incorporating screening along a queue lane to a minimum height of three feet utilizing a combination of berms, hedges, and/or landscape materials, or solid walls if necessary.
That a noise analysis addressing noise impacts pertaining to the car wash, in conformance with the City of Visalia’s Noise Ordinance (Chapter 8.36) shall be required and accepted by the City Planner prior to issuance of any building permit. Compliance of the noise levels, subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation and building final for the carwash use.
That any car wash hours of operation beyond 7:00 p.m. shall only be permissible if supported by a noise analysis that confirms the car wash will not be inconsistent with the City of Visalia’s Noise Ordinance (Chapter 8.36).
That adequate means of eliminating grease and oils from drainage systems shall be incorporated into the car wash facility, such as through the installation of a sand-oil separator.
That a separate Conditional Use Permit shall be obtained for any additional conditionally-allowed uses not already shown on the site plan attached as Attachment 2 that subsequently locate on the site.
That no permits shall be issued for grading or development on the site until the site is completely removed from any applicable Land Conservation Contracts and Agricultural Preserves encumbering the site.
That all applicable federal, state, and city laws and codes and ordinances be met.
That all of the conditions and responsibilities of Conditional Use Permit No. 2024-26 shall run with the land and subsequent owners/operators shall also be subject to all of the conditions herein, unless amended or revoked.
That the mitigation measures found within the Mitigation Monitoring Reporting Program for the Shirk and Riggin Industrial Park Project Final EIR (SCH# 2022080658) are hereby incorporated as conditions of this Conditional Use Permit.
PASSED AND ADOPTED: March 17, 2025 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-15 passed and adopted by the Council of the City of Visalia at a regular meeting held on March 17, 2025.
Dated: March 18, 2025 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
Resolution No. 2025-15