Agenda Item Wording:
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Cemetery District Zone Change - Second reading and adoption of the second reading of Ordinance No. 2023-04 pertaining to the approval of 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.
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Deadline for Action: 12/4/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Cristobal Carrillo, Associate Planner, 713-4443, cristobal.carrillo@visalia.city
Paul Bernal, Community Development Director, 713-4025, paul.bernal@visalia.city
Department Recommendation:
Staff recommends that the City Council adopt the second reading of Ordinance No. 2023-04, approving Change of Zone No. 2022-02).
Background Discussion:
On November 20, 2023, the City Council held a public hearing to consider Change of Zone (COZ) No. 2022-02 and General Plan Amendment (GPA) No. 2022-01. The COZ and GPA together form a request by the Visalia Public Cemetery District (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).
The land use reclassification to Public Institutional / Q-P is requested to permit usage of the 15 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.
No persons spoke in opposition to the project itself at the City Council meeting, and Council voted 4-1 (Emmanuel Soto in opposition) to approve the GPA and conduct the First Reading of Ordinance No. 2023-04 for Change of Zone No. 2022-02.
The second reading of the Ordinance is the final action the City Council takes in order for Change of Zone No. 2022-02 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Fiscal Impact:
None.
Prior Council Action:
1. 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.
2. 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.
3. November 20, 2023 - The Visalia City Council approved 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 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).
o 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).
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2023-04 for Change of Zone No. 2022-02.end
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. Ordinance No. 2023-04 for Change of Zone No. 2022-02.
2. Exhibit “A” - Site Plan, Phasing Plan, Infrastructure Plan, and Elevations