Agenda Item Wording:
title
Public Hearing to consider a request by the Visalia Public Cemetery District for the following entitlements:
1. 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 14 parcels totaling 3.17 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, and 816 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).
2. Change of Zone No. 2022-02: A request by the Visalia Public Cemetery District to change the zoning designation of 14 parcels totaling 3.17 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to Q-P (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 Q-P (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, and 816 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).
The requested actions are considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption No. 2022-42 has been prepared for the project.
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Deadline for Action: 11/20/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Cristobal Carrillo, Associate Planner, (559) 713-4443, cristobal.carrillo@visalia.city <mailto:cristobal.carrillo@visalia.city>
Paul Bernal, Community Development Director, 713-4025 paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and take the following actions:
1. Adopt Resolution No. 2023-10, approving General Plan Amendment No. 2022-01, a request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 14 parcels totaling 3.17 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, and 816 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), based on the recommendation of the Planning Commission; and
2. Introduce the first reading of Ordinance No. 2023-04, approving Change of Zone No. 2022-02, a request by the Visalia Public Cemetery District to change the zoning designation of 14 parcels totaling 3.17 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to Q-P (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 Q-P (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, and 816 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), based on the recommendation of the Planning Commission.
Note that the above action updates the previous request by the Visalia Public Cemetery District, which included a Conditional Use Permit to expand its master plan boundary, and rezone one property located within the expansion area. The Conditional Use Permit request, and the proposal to rezone one property within the expansion area have since been removed at the request of the Visalia Public Cemetery District.
Summary:
On May 1, 2023 the Visalia City Council held a public hearing to consider a request by the Visalia Public Cemetery District (VPCD) to change the zoning classification of 16 cemetery owned properties within the boundaries of its 2005 cemetery district master plan, and to expand the master plan boundaries to encompass 13 additional properties. At the public hearing, the City Council received lengthy public comment critical of the cemetery district’s request. As a result, the City Council remanded the project back to Planning Division staff so that additional research and outreach could be conducted by City and VPCD staff. The staff report before the City Council today provides analysis on the revised request from the VPCD, which reduces the scope of its original proposal, removing the request to expand the cemetery district master plan area and decreasing the number of reclassified properties from 16 to 15. The staff report also provides an update on the community meeting held by the VPCD with concerned residents of properties adjacent to the cemetery.
Project Description:
General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 together are a request by the VPCD to change the general plan land use and zoning designations of 15 parcels as described below:
• 14 properties totaling 3.17 acres from Low Density Residential / R-1-5 (Single Family Residential, 5,000 square foot minimum site area) to Public Institutional / QP (Quasi-Public).
• One property totaling 0.24 acres from Residential Medium Density / R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to Public Institutional / QP (Quasi-Public).
Properties to be reclassified are identified in the Site Plans in Exhibit “A”. Per the Operational Statement in Exhibit “B”, the land use reclassification to Public Institutional / Q-P 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 Q-P zone. All 15 sites proposed for reclassification are owned by the VPCD and located within its existing master plan boundary. Of the 15 sites proposed for rezone, eight are vacant. The remaining sites contain residential uses.
As depicted in the Phasing Plan in Exhibit “A”, if the project is approved, the Cemetery District will begin utilizing rezoned properties under its ownership and within the “2023 - 2030 Vacant Lots” area immediately. The “2023 - 2030 Vacant Lots” area consists of nine vacant properties at the southwest quadrant of the cemetery, east of North Rinaldi Street, between West Goshen Avenue and West Grove Street. The remaining sites under Cemetery District ownership would generally be developed after 2030 and depending on factors such as funding, acquisition of properties, and meeting master plan conditions for usage of sites.
Eight of the properties to be reclassified are vacant, including the sole R-M-2 zoned site, located at the northeast corner of West Goshen Avenue and North Rinaldi Street. The remaining seven parcels contain existing single or multi-family development, encompassing a total of 14 residential units. Existing residential units owned by the Cemetery District are all located outside of the “2023 - 2030 Vacant Lots” area identified in the phasing plan and would not be removed at this time. Per the applicant, there is no set date for when existing residential units on Cemetery District owned properties will be removed, as it is dependent on burial trends and compliance with conditions of the master plan. The applicant notes that demolition of residential structures would occur over a long period of time, and at staggered intervals, so as to prevent the sudden loss of all 14 residential units. Per the revised operational statement in Exhibit “B”, the applicant also notes that the VPCD recently adopted Policy No. 2023-2 (Rental Policy Regarding a 90-Day Notice), to assist renters of VPCD owned residential units. Per the policy, renters of a VPCD unit will be given advance notice of a residences removal and will be provided with 90-days rent free to vacate the premises. VPCD also adopted a second policy (Policy No. 2023-3 - Property Acquisition and Purchase Policy) never obtaining any property located within the existing master plan boundary by eminent domain.
Public Hearings (Chronological Order):
Planning Commission
The Planning Commission held a public hearing on March 27, 2023, to consider the General Plan Amendment, Change of Zone, and Conditional Use Permit request to expand the master plan boundary of the Visalia Public Cemetery that was established in 2005 via Conditional Use Permit No. 2005-08. Public comment in favor of the proposal was received from project applicant/consultant Walter Deissler, Visalia Public Cemetery District Board of Trustees Chair Tom Johnson and Secretary George Ouzounian. All noted the necessity of the project for the Cemetery District to be able to utilize properties already under its ownership, and to retain sufficient capacity to serve the public for a longer period of time. It was noted by the representatives that the Cemetery District only acquires properties when owners wish to sell, and that such purchases are always at market rate. It was further noted that the Cemetery District had previously acquired property outside of the Visalia urban area for development of a new cemetery, but that the land had been sold after it was determined that expansion of the existing cemetery grounds would be more cost effective than establishing a second cemetery.
Public comments in opposition to the proposal were provided by Vanessa Gonzalez, Bill Houtt, David Dye, Jill Ramirez, and Armando Murrieta. All of these individuals shared concerns about the effects of the project on the availability of affordable housing in the area, its effects on the character and ongoing viability of the Rinaldi/Turner Street neighborhoods, and the sustainability of the Cemetery Districts plans for expansion. The general consensus among opponents of the project was that the Cemetery District should forego expansion around the existing cemetery and instead acquire property outside of Visalia’s urban core to accommodate the future needs of the public.
At the conclusion of public testimony, the Planning Commission directed additional questions to staff and the applicant. Among discussion were questions about the applicability of Government Code Section 66300 (Housing Crisis Act of 2019), a State law intended to preserve residential land by limiting land use changes that result in a net loss of residential capacity (i.e., a sites ability to support housing). In response, staff stated that Cemetery District actions to enact rezone and growth goals identified in its 2005 master plan and boundary map were established prior to the 2019 ratification of Government Code Section 66300. As such, the areas identified by the 2005 master plan are not subject to its provisions.
Following discussion, the Planning Commission took the following actions:
• Voted 4-0 (Vice-Chair Peck absent) to recommend approval of General Plan Amendment No. 2022-01 to the City Council; and
• Voted 4-0 (Peck absent) to recommend approval of Change of Zone No. 2022-02 to the City Council.
• Voted 3-1 (Commissioner Chris Gomez opposed, Peck absent) to approve the master plan boundary expansion proposed by Conditional Use Permit No. 2023-02.
City Council
The City Council held a public hearing on the General Plan Amendment, Change of Zone, and Conditional Use Permit request at its May 1, 2023 meeting. Public comment in favor of the proposal was received from project applicant/consultant Walter Deissler, Visalia Public Cemetery District Board of Trustees Chair Tom Johnson and Secretary George Ouzounian. All spoke to concerns noted by the public at the March 27, 2023 Planning Commission meeting, specifically that the Lone Oak and Elbow Creek cemeteries could not be used for current burials due to their designations as “pioneer cemeteries”, and that a new cemetery could not be built at this time due to lack of funds.
Public comments in opposition to the proposal were provided by Gwen Shrank, Erica Rivera, Davie Dye, Dr. Randy Villegas (Trustee, Visalia Unified School District Board of Trustees), Adrian Leal, Maria Guillen, Randy Evans (former member, City of Visalia Citizens Advisory Committee), Vanessa Gonzalez, Reyna Rodriguez, Hollis Elliott Fernandez, Calisha Feliz, Resident of Rinaldi Street (no name given), Alberto Aguilar (Trustee, Tulare Public Cemetery District), Susanne Gundy, Jamie Huerta, Raymond Macareno (Vice-President, College of the Sequoias Board of Trustees), Lucia Vasquez, Dale Simmons, Rosie Huerta, and Eddie Valero (Supervisor, Tulare County Board of Supervisors). All individuals shared concerns about the effects of the project on the availability of affordable housing in the area, its effects on the viability of the Rinaldi/Turner Street neighborhoods, and the sustainability and relevancy of the Cemetery Districts master plans for expansion. It was also alleged during public comment that the VPCD was not a good steward of its housing stock, allowing residences to deteriorate and conducting demolitions of residences without issuance of building permits for removal. Demolitions are discussed in further detail in the “Building Permit Activity” section of this report.
At the conclusion of public testimony, the City Council directed additional questions to staff and the applicant. Among discussion were questions about the cemeteries existing capacity, timeframes for expansion, and whether the VPCD would use eminent domain to acquire properties. The City Council also encouraged the VPCD to reach out to the Tulare County Board of Supervisors to discuss future growth, and to conduct public outreach to obtain additional public comment on expansion plans.
Following discussion, a motion was made to remand the project back to Planning Division staff, so that staff could conduct additional work with the VPCD on the project, as well provide the public with an opportunity to attend a future public outreach meeting with VPCD staff. The motion passed 3-2 (Vice-Mayor Taylor and Councilmember Nelson voting against the motion).
VPCD Public Outreach Meeting:
The VPCD held a public outreach meeting on June 15, 2023, to discuss the project and address comments from the public. The VPCD publicly noticed the meeting, including hand delivering notices to residents of both Rinaldi and Turner Streets. City staff was also in attendance.
At the meeting the VPCD unveiled its revised proposal and new adopted policies (see Exhibit “C”), listed below as follows:
1. That the VPCD would continue to pursue rezoning of cemetery owned properties within the existing 2005 master plan boundary, but would no longer seek to expand the master plan boundary;
2. That the VPCD had enacted a policy to not use eminent domain to acquire properties located within the 2005 master plan boundary area; and
3. That the VPCD would provide residents of cemetery owned residences 90-days to vacate a property, rent free, prior to removing a residence from a property.
Attendance at the public forum was low, though some residents of Rinaldi and Turner Streets did attend. Public comment received at the meeting was generally in favor of the revised proposal and policies. No other actions occurred at the meeting.
Building Permit Activity:
Following the May 1, 2023 City Council meeting, VPCD staff reached out to the City of Visalia and requested a review of its Building Permit activity as it relates to removal of structures on cemetery owned properties. Staff completed its initial review on June 13, 2023 and found that three structures (two residences and an “out building”) had been removed without the benefit of a Building Permit or, in the case of the out building, without completing the Building Permit process. All other building removals identified were determined to have been conducted properly.
Following the review by City staff, the VPCD paid fees and obtained Building Permits to complete the processes for removal of the three identified structures. A subsequent review conducted September 29, 2023 by City staff (see Exhibit “D”) showed that final inspections for removal of the structures were completed in August and September of 2023. No other building issues have been identified at this time.
General Plan Consistency and Land Use Compatibility:
Land Use Element/General Plan/Zoning
The Land Use Element of the 2014 Visalia General Plan does not include specific objectives or policies related to the cemetery. Section 2.13 (Institutional & Civic) of the Land Use Element only refers to cemeteries as “…important elements of community-building.” Visalia Municipal Code Chapter 17.52 (Quasi-Public Zone) notes that the QP zone is appropriate “…to allow for the location of institutional, academic, community service, governmental, and nonprofit uses.” The Public Institutional land use designation and QP zoning classification are seen as appropriate classifications for the project sites as they will be employed for burials and as a place of mourning and remembrance, services which are of universal public utility and import.
Housing Element
The proposal will result in the reclassification of 15 cemetery owned properties from residential zonings to Q-P zoning. There are 14 active residential units on the project sites to be rezoned, which will eventually be removed by the Cemetery District at future dates, should the proposal be approved.
The 2020-2023 City of Visalia Housing Element was adopted by the Visalia City Council on December 3, 2019. The Housing Element provides policies encouraging housing affordability and identifies sites for the development of affordable housing. None of the sites listed in the project proposal are identified in the Housing Element site inventory list, nor are they deed restricted for affordability. As such, the Housing Element does not contain policies that would restrict demolition of housing on the project sites. As it stands, VMC regulations would not prohibit the demolition of residential units, even on multi-family properties, if a property owner chose to remove them. So, while the proposal would represent a reduction in the housing stock of the area, existing regulations and policies do not prohibit its removal. Furthermore, the resulting reduction in housing would not cause a significant change to the City’s housing stock.
Government Code Section 66300
As noted previously in this report, Government Code Section 66300 (Housing Crisis Act of 2019), is a State law tailored to preserve residential land by limiting land use changes that result in a net loss of residential capacity. Per staff and City Attorney analysis of the State law, the project is not subject to its provisions. Plans for rezone and growth approved by the City for the Cemetery District in 2005 are not subject to Government Code Section 66300 as they were implemented prior to the 2019 ratification of the law.
As it stands, the proposed land use changes from residential to Q-P/Public Institutional would still allow for some conditional residential uses to be established, such as senior housing. Given the above, staff maintains that the proposal does not impact “residential capacity” and is in conformance with the provisions of Government Code Section 66300.
2005 Visalia Public Cemetery District Land Use Plan
Land Use Plan Consistency
The land use plan and boundary maps (i.e., master plan) previously approved in 2005 are included as Exhibits “E” and “F”. The land use changes proposed are largely in conformance with the 2005 master plan. The 2005 master plan encourages the reclassification of sites acquired by the Cemetery District to Q-P / Public Institutional. All 15 sites proposed for reclassification are located within the 2005 master plan boundaries. Four of the 15 properties proposed for reclassification (919 West Allen Avenue, 706 and 808 North Rinaldi Street, and 816 North Turner Street) were also identified in the original land use plan as “highest priority for acquisition”.
No changes to the policies in the original master plan were proposed. As such, the overall land use reclassification and boundary expansion request is considered appropriate as it is largely consistent with the land use plan, directs growth in a concentric fashion, and facilitates increased services to the public over a longer period of time. The proposal also brings existing Cemetery District owned properties into conformance with the overall cemetery complex and will assist in removing instances of spot zoning around the cemetery perimeter.
Fiscal Impact:
None.
Prior Council Action:
• July 18, 2005 - The Visalia City Council approved a request by the Visalia Public Cemetery District to conduct the following projects:
o 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.
o 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).
o Conditional Use Permit No. 2005-08: A request to allow the expansion of the existing cemetery, allow the relocation of an existing maintenance facility, and adopt a Master Plan for a cemetery in the QP Zone.
• May 1, 2023 - The Visalia City Council considered a request by the Visalia Public Cemetery District to conduct the following projects:
o 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.
o Change of Zone No. 2022-02: A request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi-Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP (Quasi-Public) to QP (Quasi-Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street.
o A review of 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.
At the meeting the City Council did not issue a formal decision on the matter. The City Council instead voted to remand the project back to Planning Division staff, to conduct additional work on the project, and provide the public with an opportunity to attend a future public outreach meeting with Visalia Public Cemetery District staff.
Recommended Motion (and Alternative Motions if expected):
recommendation
• I move to adopt Resolution No. 2023-10 approving General Plan Amendment No. 2022-01; and
• I move to introduce the first reading of Ordinance No. 2023-04, approving Change of Zone No. 2023-02.
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CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the common-sense exemption, which means that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
The proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have any effect on the environment. All proposals represent changes in administrative categorization with no physical effects.
Attachments:
1. Resolution No. 2023-10 approving General Plan Amendment No. 2022-01
2. Ordinance No. 2023-04 approving the first reading of Change of Zone No. 2022-02.
3. Exhibit "A" - Site Plan, Phasing Plan, Infrastructure Plan, and Elevations
4. Exhibit “B” - Operational Statement
5. Exhibit “C” -VPCD Policies and Supporting Documentation
6. Exhibit “D” - Visalia Public Cemetery District - Demolition Building Permit Activity, Created June 13, 2023, updated September 29, 2023.
7. Exhibit “E” - 2005 Visalia Public Cemetery District Land Use Plan
8. Exhibit “F” - 2005 Visalia Public Cemetery District Master Plan Boundaries
9. Planning Commission Staff Report dated March 27, 2023
10. City Council Staff Report dated May 1, 2023