Agenda Item Wording:
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Public Hearing: Zoning Text Amendment No. 2021-08: A request by the City of Visalia to amend portions of Visalia Municipal Code Chapter 8.36 (Noise) and Title 17 (Zoning) as to implement a program contained in the City of Visalia 2020-2023 Housing Element pertaining to regulations for residential uses in Downtown Mixed Use, Commercial Mixed Use, and Office Conversion Zone Districts. The project area is contained within the City of Visalia’s Urban Development Boundaries that are illustrated in the Visalia General Plan, Citywide.
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Deadline for Action: 11/15/2021
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>, (559) 713-4636
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2021-09, to amend portions of Municipal Code Title 17 (Zoning Ordinance) as to amend portions of Visalia Municipal Code Chapter 8.36 (Noise) and Title 17 (Zoning) as to implement a program contained in the City of Visalia 2020-2023 Housing Element pertaining to regulations for residential uses in Downtown Mixed Use, Commercial Mixed Use, and Office Conversion Zone Districts.
Background Discussion:
Zoning Text Amendment (ZTA) No. 2021-08 is a city-initiated request to implement a housing-related Zoning Ordinance text amendment that stems from the adoption of the 2020-2023 Housing Element Update. The Housing Element was adopted by the City Council on December 3, 2019, and subsequently found by State Housing and Community Development (HCD) to be in full compliance with state Housing Element law. Following adoption, the Housing Element is implemented through a series of implementation programs.
The proposed ZTA represents part of the second round of changes being undertaken to help fulfill the intended outcomes or objectives of the Housing Element (in an effort to help remove or overcome constraints to housing development). The first round of changes was completed in 2020 and implemented six programs pertaining to relatively straightforward changes bringing the City’s Zoning Ordinance into compliance with State housing law.
This ZTA fulfills one implementation program - Downtown and Mixed-Use Residential Development “By Right” (Program 2.6), described as follows:
The City shall revise the Zoning Ordinance to allow residential development as a by right use in the Downtown Mixed-Use zone district, in accordance with the density prescribed in the General Plan Land Use district, subject to performance standards. In addition, the City shall examine and consider allowing residential development as a by right use in the Commercial Mixed-Use and Neighborhood Commercial zone districts while addressing issues of geographical location, segmentation, and performance standards.
The entire Housing Element can be accessed at the following link:
<https://www.visalia.city/depts/community_development/planning/gp.asp>.
Overview of By-Right Mixed Use Residential Development in Downtown:
The Zoning Ordinance currently allows new or expansion of residential uses as a conditionally allowed use in all of the City’s commercial, office, and industrial ones, including the Downtown Mixed-Use (D-MU) and Commercial Mixed-Use (C-MU) zones. During the Housing Element Update in 2019, a key issue raised during a Technical Advisory Committee (TAC) meeting was finding creative ways to allow residential uses as permitted “by-right” in these zones.
Past updates of the Housing Elements have identified underutilized commercial-zoned sites that are suitable for redevelopment or new construction as residential uses would help fulfill the City’s Regional Housing Needs Allocation (RHNA). However, approval of a conditional use permit would have been necessary in order to develop any type of residential use in a commercial district.
The City’s most recent (2017) Zoning Ordinance Update included the creation of two new zoning designations - Downtown Mixed-Use and Commercial Mixed-Use. These zones largely replaced the Central Business District Retail Zone and the Service Commercial zone predominately in the east downtown area. One stated purpose of these zones was to “encourage a wide mix of commercial, service, office and residential land uses in horizontal or vertical mixed use development projects, or on adjacent lots, at key activity nodes and along corridors”. In both zones however, residential uses required approval of a conditional use permit (CUP).
As stated by the TAC and recognized by staff, the requirement of obtaining a CUP could be seen as a potential deterrent towards allowing housing, adding additional time, costs, and potential pushback from owners and tenants surrounding the site.
Staff also recognized that allowing residential uses “by right”, if not properly regulated, could also potentially lead to a form and character of housing that is not in keeping with the purpose and intent of the zoning designations. Although these zones are characterized as mixed use, it is not representative of most developed portions of these zones. Most C-MU zoned sites are constructed with retail-based shopping centers that were permitted in straightforward commercial zone districts.
The Housing Element Implementation Program therefore directs staff to explore and pursue amending the Zoning Ordinance text to allow residences by right in the D-MU and C-MU zones, subject to certain restrictions and standards. These limitations would include geographic limitations that apply exclusively to the Downtown and East Downtown area, the requirement of one or more additional land use types within a site, minimum or maximum density requirements, and certain objective performance standards.
Allowed Zone Districts and Locations:
The Housing Element Program directs staff to allow residential development as a by right use in the Downtown Mixed-Use (D-MU) zone district, and to examine and consider the Commercial Mixed-Use (C-MU) and Neighborhood Commercial (C-N) zone districts.
The downtown has seen the most requests for residential uses to be built either with or added to commercial uses out of any locale in the City, with five requests processed in the last 20 years. Because the redevelopment and revitalization of the East Downtown is a strong objective together with supporting the continued development and vitality of the downtown, the portion of the C-MU zone district that encompasses the East Downtown is recommended for inclusion.
The General Plan also discusses the permitting of residential uses in the Neighborhood Commercial designation, even assigning a density range in the district. However, staff does not consider this designation as one being sought out at this time for inclusion of residences due to lack of property owner interest and due to no recent development of developments with vertical or horizontal mixed-use potential.
The Office Conversion (O-C) zone district, upon review by staff, was identified as a location that supports retaining residential uses while incorporating non-residential land uses, specifically low-intensity office-type uses. Some dwelling units in the O-C district are already used as live/work environments. Staff’s conclusion was that the same standards applied towards mixed-use zones could also be carried over to residential structures in the O-C zone.
If demand persists for residential mixed uses following this text amendment, the City could later consider expanding areas eligible for “by right” to C-MU zone districts city wide or the C-N zone district.
Downtown Visalia with depictions of D-MU zone (magenta), C-MU zone (pink) with East Downtown denotation, and O-C zone (blue)
Utilization of Existing Buildings:
To help ease the transition of introducing residential units ‘by-right’ with commercial and office uses, staff recommends placing criteria on the types of buildings eligible for by-right use.
Four of the five Conditional Use Permits approved in the last 20 years for residential mixed uses have occurred within existing buildings with little or no exterior renovations (the one exception being the new building constructed for Crawdaddy’s Restaurant at 333 E. Main Street.). Utilizing existing buildings encourages the rehabilitation of upper stories that have often been bypassed or neglected and often do not incur any changes to exterior elevations. Any changes being made to the exterior must be consistent with the City’s established standards for the Downtown Retail Design District, which help to protect and enhance the character of the downtown area.
In the future the City may consider allowing residences to be located as part of a new building or expansion to an existing building, provided that the building is located within the Downtown Retail Overlay District so that the City can ensure that new development is compatible with an adopted set of design criteria outside of a public hearing process.
Objective Performance Standards:
Following is a listing of performance standards recommended to be required when residential mixed uses are allowed by right. These standards may be used as guidelines for uses that are conditionally allowed in other zones. The criteria have been compiled based on conditions applied to past mixed-use developments and existing General Plan and Zoning Ordinance standards.
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Performance Standard |
Criteria |
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Standard Nos. 1 and 2 help to ensure that the subject site remains as a mixed-use with a commercial or office-type use located in the street-fronting tenant space. The two standards together ensure that any space that is both ground level and front facing shall be occupied by a non-residential land use. |
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1. Mixed Use Requirement |
A residential use may be allowed as a use permitted by right inside a building with a commercial and/or office use so long as the building contains a separate space dedicated for a commercial and/or office land use. |
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2. Orientation |
No residential use shall be both located at ground floor area and facing toward a public street. A residential use may be oriented toward an alley or non-street frontage. |
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3. Access |
A residential use shall include at least one building access that is located to the side or rear of the building. A door and passageway leading to residential uses, containing no living space, may be located on the ground floor facing toward a public street. |
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4. Parking |
Off-street parking facilities shall be provided in accordance with Zoning Ordinance standards: 1.5 spaces per dwelling unit, or 1 space per dwelling unit restricted for senior citizens. The minimum off-street parking standards may be satisfied by paying an in-lieu fee as specified in the Zoning Ordinance. If the subject site contains on-site parking, a minimum of one (1) on-site parking space per unit shall be designated and signed within the on-site parking field for residential occupants only. |
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5. Maximum Floor Area Ratio |
The maximum floor area ratio (referring to non-residential and residential floor area combined) shall not exceed 5.0 for properties in the Downtown Mixed Use zone district and 2.0 for properties in the Commercial Mixed Use zone district. (This standard is based on General Plan Table 2-3.) Floor area ratio (FAR) is a measure of development density, calculated by dividing building space square footage by the land square footage. For example, if a lot measures 5,000 square feet and the maximum FAR is 2.0, then the maximum allowed building size is 10,000 square feet. |
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6. Maximum Number of Dwelling Units |
The maximum number of permitted by-right dwelling units in a building shall not exceed one unit per 600 square feet of lot or site area, and in no case shall exceed 12 units. For example, if a lot measures 5,000 square feet, then the maximum number of units permitted by right is 8 (5,000 sq. ft. / 600 sq. ft.). |
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7. Minimum Floor Area |
The floor area of an individual dwelling unit shall be no less than 400 square feet. (This standard is intended to ensure that units are provided with a sufficient amount of space for independent living, discouraging single-room occupancy but still allowing for studio apartments.) |
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8. Facilities |
Each dwelling unit shall include a kitchen with cooking facilities, and spaces for bathroom and sleeping incorporated within the dwelling unit. |
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9. Noise |
The following standards address any potential noise conflicts: a. Spaces intended for residential use shall be improved to meet a composite Sound Transmission Class (STC) rating of at least 50 or a composite Outdoor-Indoor Sound Transmission Class (OITC) rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30. b.Limitations on Use. The following uses and activities shall not be operating in the same building at the time that a building permit is issued to establish residential units as part of a mixed use. Such uses however may later be established within the same building after residential units are established in the building. • Major vehicle/equipment repair; • Night clubs or any other use that includes live entertainment; • Any other activity or use, as determined by the review authority, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of residents. c. Residents of new mixed-use projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area. |
Noise Impacts:
Residential uses locating within the downtown core, and more particularly along Main Street and the surrounding environs, will be exposed to an increased level of noise impacts from neighboring sources. Such increase in noise level is a typical circumstance in an urban environment, where commercial activities may continue to operate into the evening hours when nighttime noise levels become stricter. There are certain types of nuisance noises within the downtown environment such as sirens from emergency response vehicles and garbage collection trucks operating in early morning hours, however such noise sources are currently exempt (per Ordinance Section 8.36.070), from adhering to City noise standards around sensitive land uses.
With the integration of residential uses in the downtown, legally existing noise generating land uses such as live entertainment venues may want assurance that the addition of a residence near their building will not impact their business.
The proposed criteria pertaining to noise attempts to address the conflicts that could arise from the integration of residences and noise generating land uses. This criterion includes restricting residential uses from locating in the same building as heavy noise generators and requiring written notification to tenants on the noises associated with living in an urban environment. In addition, spaces utilized for residential purposes shall be improved to meet the standards found in the current California Building Code Section 5.507 (“Environmental Comfort”) pertaining to noise attenuation for multi-family uses associated with a commercial building.
Amendment to Noise Ordinance:
The City’s General Plan contains a policy (N-P-1) calling for the updating of the noise ordinance to be in conformance with the General Plan. Currently, the Noise Ordinance subjects a class of “noise sensitive land uses”, including residential uses, churches, hospitals, and other such uses, to a more stringent set of noise level standards. However, it does not take into consideration the introduction of mixed-use zones and the integration of residences with commercial uses.
Staff is therefore recommending a single change to the Noise Ordinance (Visalia Municipal Code Chapter 8.36) to exclude residential uses associated with a mixed-use development project located in a Mixed Use Zone from the classification of a “noise sensitive land use”. This would cause mixed use developments to not be subject to the noise level standards contained in the Noise Ordinance and would prevent neighboring uses from having to conform to the Noise Ordinance requirements for noise sensitive land uses. The residential mixed uses proposed to be permitted by right would be subject to the current building code standards that pertain to noise attenuation for multi-family uses associated with a commercial building.
Parking Impacts:
Residential uses must provide parking in accordance with Zoning Ordinances. For mixed uses, parking is proposed to be assessed at the multi-family residential rate of 1.5 parking spaces per unit, or 1 parking space per unit restricted to senior citizens. While tenants of residential units may expect parking spaces to be provided on-site with the dwelling unit, this is impractical in the downtown where, particularly along Main Street, a large majority of buildings do not have on-site parking. As a result, the requirement for a residential mixed use to have dedicated on-site parking for residential uses makes a large majority of the downtown ineligible for such uses. It should be noted that the downtown locations where residential uses have been approved through a CUP do not contain on-site parking.
Most properties in the immediate downtown area are within the boundaries of the Property Based Improvement District (PBID), wherein changing land uses within existing buildings are currently exempt from having to provide any necessary additional parking or paying parking in-lieu fees. If outside the PBID, most downtown areas have the option to satisfy on-site parking requirements through the payment of in-lieu fees as specified in Zoning Ordinance Chapter 17.30 Article 2.
Review Session with City Council / Planning Commission and Downtown Visalians POA:
Two presentations were made to the Downtown Visalians Property Owners Association (POA) Board regarding the proposal for allowing residential mixed uses as a by-right use. In July 2020 city staff introduced a concept of the proposal to the POA, while in September 2021 staff introduced the draft objective standards to the POA to gain input and any questions. The board was generally in favor of the draft and in support of improving the ease of permitting residential units in the downtown, with noise and parking still being called out as primary concerns.
A work session item was presented on March 17, 2021, at a joint meeting of the City Council and Planning Commission. The meeting was open to the public and included time for public comment, though no comments were received at the time. The item was the introduction of criteria and performance standards to be considered for a future Zoning Ordinance Text Amendment. Staff received comments from both groups, which have been addressed in the draft ordnance to the extent feasible. The following items have been revised since the joint meeting:
• Additional wording to address standards for orientation of units, including elimination of reference to live/work units;
• Expanding residential mixed uses to the Office Conversion zone;
• Inclusion of criteria for addressing conflicts that could arise from the integration of residences and noise generating uses;
• Reduction of a maximum # of units and inclusion of a limitation based on site area;
• Clarification of parking requirements for standard & senior units and removal of requirement for having public parking within 300 feet;
• Clarification that standards may be used as guidelines for residential mixed uses that are conditionally allowed in other zones.
Consistency with General Plan Policies:
The proposed zoning text amendments are consistent with the following General Plan Objectives and Policies, particularly Policies LU-P-53 and LU-P-73.
LU-O-14 Create an overall urban form centered on a vital downtown and a higher-density core, surrounded by viable residential neighborhoods with walkable, mixed-use neighborhood centers.
LU-O-28 Promote pedestrian-oriented retail and mixed use development along transit corridors, in neighborhood nodes, and in Downtown and East Downtown.
LU-O-31 Support the continued development and vitality of Downtown (generally identified as the area north of Mineral King Ave., east of Conyer St., south of Murray Ave., and west of Tipton St.) and the redevelopment and revitalization of East Downtown (generally identified as the area north of Mineral King Ave., east of Tipton St., south of Murray Ave., and west of Ben Maddox Way, as well as the stockyards).
LU-P-53 Integrate multi-family development with commercial, office, and public uses in neighborhood nodes, Downtown, and with Commercial Mixed Use areas in East Downtown, along the Mooney corridor and elsewhere.
LU-P-73 Support new mixed-use development in Downtown and East Downtown, with an emphasis on ground-level retail and entertainment uses and upper-level residential and office uses. Support may involve expedited permit review and approval, loans, public-private partnerships, and floor area bonuses.
LU-P-75 Provide incentives for infill development of opportunity sites and adaptive reuse and restoration of existing buildings in Downtown and East Downtown.
LU-P-79 Promote the integration of the area east of Bridge Street and west of Burke Street into Downtown in the near term, with the development of office, residential, and mixed-use buildings on available sites.
LU-P-81 Develop East Main Street as a mixed-use street with ground floor retail and commercial uses. Issues to be addressed include the need to complement downtown Main Street; establish a clear relationship with the current service commercial character of the street; and assess financial feasibility for urban-scale housing.
LU-P-87 Update development standards, design guidelines and other related documents and processes to support redevelopment of East Downtown according to the objectives and policies outlined in the General Plan.
N-P-1 Update the City’s Noise Ordinance as needed to be in conformance with the General Plan.
Fiscal Impact:
None.
Prior Council Action:
• On December 3, 2019, the City Council voted to adopt the 2020-2023 Housing Element.
• On March 17, 2021, a work session item was presented at a joint meeting of the City Council and Planning Commission. As explained above, comments from both groups have been addressed in the draft ordnance to the extent feasible.
Other: Committee/Commission Review and Action:
On October 25, 2021, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2021-08 as presented by staff with modifications to language on orientation, access, and noise. In discussing the performance standard placing limitation on uses, the Commission asked if this code was intended to restrict noise generating uses from collocating in the same building with an established residential use. Staff clarified that the code is not intended to limit new commercial uses from establishing on site, but rather to expand housing opportunities. The Commission’s motion included that the language in subsection (c)(9) (Limitations on Use) be clarified to state that certain noise generating uses are not allowed only at the time that residential uses are initially established. Also, the Commission asked that language allowing for a front-facing door and passageway leading to residential uses be moved from subsection (c)(2) (Orientation) to subsection (c)(3) (Access). There were no public hearing comments made regarding this item.
Alternatives:
The City Council, in lieu of staff’s recommendation, may consider the following:
1. Deny the Zoning Text Amendment in whole or in part, or
2. Return the item to the Planning Commission for further consideration.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to introduce for first reading Ordinance No. 2021-09 for Zone Text Amendment No. 2021-08.
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Environmental Assessment Status:
California Environmental Quality Act (CEQA) Section 15183(a) mandates that projects which are consistent with the development density established by general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In accordance with CEQA guidelines, Initial Study No. 2021-44 was prepared for this project, which disclosed the proposed project has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution No. 2014-37, adopted on October 14, 2014. In addition, an Initial Study with Negative Declaration for the General Plan Housing Element (Negative Declaration No. 2019-63) was also prepared, wherein the environmental review assessed the establishment of goals, policies, and implementation programs. Therefore, staff concludes that the previously prepared Program Environmental Impact Report and Negative Declaration adequately analyzed and addresses the project and recommends that the City Council adopt Environmental Document No. 2021-44 for this project.
CEQA Review:
California Environmental Quality Act (CEQA) Section 15183(a) mandates that projects which are consistent with the development density established by general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In accordance with CEQA guidelines, Initial Study No. 2021-44 was prepared for this project, which disclosed the proposed project has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution No. 2014-37, adopted on October 14, 2014. In addition, an Initial Study with Negative Declaration for the General Plan Housing Element (Negative Declaration No. 2019-63) was also prepared, wherein the environmental review assessed the establishment of goals, policies, and implementation programs. Therefore, staff concludes that the previously prepared Program Environmental Impact Report and Negative Declaration adequately analyzed and addresses the project and recommends that the City Council adopt Environmental Document No. 2021-44 for this project.
Attachments:
1. Ordinance No. 2021-09 for Zoning Text Amendment No. 2021-08
2. Full Text of Applicable General Plan Housing Element Programs
3. Initial Study / Environmental Document No. 2021-44