Agenda Item Wording:
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A Public Hearing to consider an appeal of the Planning Commission's approval of Conditional Use Permit No. 2021-28, a request by Caldwell-Mooney Partners II, L.P. to allow a medical use within a portion of an existing 10,200 square foot multi-tenant commercial building. The new medical clinic will be approximately 6,526 square feet in area and will be located within the C-R (Regional Commercial) zone district. The project is located at 3221 South Mooney Boulevard (APN: 121-100-054).
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Deadline for Action: 1/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Rafael Garcia, Senior Planner, rafael.garcia@visalia.city, (559)713-4031
Mike Olmos, Interim City Planner, mike.olmos@visalia.city, (559)713-4449
Paul Bernal, Community Development Director, paul.bernal@visalia.city, (559)713-4025
Department Recommendation:
Staff recommends that the City Council receive a staff presentation and comments from the appellant, hold a public hearing, and adopt Resolution No. 2022-04 denying the appeal and upholding the Planning Commission's approval of Conditional Use Permit No. No. 2021-28.
Summary:
The appellant is appealing the Planning Commission's decision to approve Conditional Use Permit No. 2021-28, approving a medical clinic within an existing commercial building located at 3221 South Mooney Boulevard. The Conditional Use Permit is for a 6,526 square foot medical clinic within an existing 10,200 square foot commercial building in the C-R (Regional Commercial) zone. The proposed medical clinic is proposing to locate into the west end of the building as depicted in Exhibit "A". The applicant has also provided a floor plan (see Exhibit "B") depicting the tenant improvements associated with this project. The item went before the Planning Commission for consideration as a public hearing item on December 13, 2021 and was unanimously approved.
Background Discussion:
Project Description
As depicted in Exhibit "A", Conditional Use Permit No. 2021-28 is a request to locate a 6,526 square foot medical clinic within an existing commercial building located at 3221 South Mooney Boulevard within the C-R zone. According to the lessee's Operational Statement (see Exhibit "C"), this facility will have 10 full-time employees. The operating hours for the medical office will be from 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. The office will have two physicians onsite daily, and it is expected to receive as many as 40 patients per day. The proposed medical clinic is occupying an area of the building that was occupied in the past by a day spa/salon, Weight Watchers, and a clothing store. The remaining area of the commercial building is currently occupied by Aspen Dental.
Planning Commission Public Hearing:
The Planning Commission conducted a public hearing on December 13, 2021, for Conditional Use Permit No. 2021-28. The request was to establish a medical clinic within an existing commercial building within the C-R zone. The Planning Commission received the information contained in the staff report, a staff presentation and public testimony from the applicant.
The staff report packet provided to the Planning Commission also included a letter from the appellant who was opposed to the conditional use permit request. The appellant did not provide verbal testimony before the commission during the public hearing. At the conclusion of public testimony, the Planning Commissioners asked questions regarding onsite parking. These questions were answered to the satisfaction of the Commissioners prior to their deliberations and final vote on the project.
The Planning Commission is required by City ordinance to make the following findings before a conditional use permit can be granted. The findings are the following:
1. 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.
2. 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:
a. 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 Visalia Zoning Matrix identifies medical clinic as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical clinic will not have a negative impact on surrounding uses given the fact that sufficient on-site parking is provided, the site's proximity to the major street and other office and commercial uses within the area.
b. 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 Visalia Zoning Matrix identifies medical clinics as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical clinic will not have a negative impact on surrounding uses given the fact that ample on-site parking is provided, the sites proximity to the major street and other office and commercial uses within the area.
3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) for minor alterations in land use limitations. (Categorical Exemption No. 2021-48).
The Planning Commission supported staff's recommendation to approve the conditional use permit on the basis that the findings to approve the request could be made in favor of the request and thus adopted the findings in Resolution No. 2021-49 approving Conditional Use Permit No. 2021-28. The signed resolution is attached to this report.
Appeal:
On December 20, 2021, staff received an appeal of the Planning Commission's approval of Conditional Use Permit No. 2021-28. The appeal was submitted by David H. Paynter on behalf of Paynter Realty & Investments, Inc. The reasons for the appeal included concern that a medical clinic required extended parking time for their clientele which would not be compatible with the surrounding retail, and concern that the assumed tenant could result in demonstrations in the area, which could be detrimental to current and future retail businesses in the area. (Copy of letter of appeal is attached.)
No other supporting documents were filed with the appeal.
Analysis:
The Zoning Ordinance Section 17.25.030 permits medical clinics within the C-R zone with approval of a conditional use permit. The appellant is appealing the approval of the Conditional Use Permit due to concerns pertaining to extended parking time that may be required for medical clinic's clientele; and because they have concerns of demonstrations occurring outside of the proposed medical clinic. During the public hearing held on December 13, 2021, the Planning Commission reviewed the staff report, considered all public testimony, and approved the Conditional Use Permit request approving the medical clinic use. Furthermore, the correspondence provided by the appellant was forwarded to the Planning Commission for their review. During the public hearing, the Planning Commission inquired about the parking situation at the shopping center.
The commercial area is a multi-tenant commercial center with several tenants including Bed, Bath & Beyond, Marshalls, Burger King and Aspen Dental. With the addition of the new medical use as part of the property located at 3221 South Mooney Boulevard, the total parking requirement for the project site (i.e., clinic site) will be 51 parking stalls. However, an Administrative Adjustment approved back in 2012 (Administrative Adjustment No. 2012-04) allowed for a reduction to the required parking to 41 parking stalls. The applicant has provided two potential parking configurations that will provide a minimum of 35 onsite parking stalls. The applicant will also provide an additional 10 parking spaces via a proposed parking agreement from the adjacent property located at 3103 South Mooney Boulevard. The proposed project will comply with the city's parking requirements with the inclusion of the parking agreement to allocate an additional 10 parking stalls from the adjacent property. The adjacent property (see Exhibit "A") currently has a total of 41 parking spaces onsite. The future restaurant on the adjacent site will require a total of 28 parking spaces based on the city's parking requirements. This will result in a parking surplus of a minimum of 10 parking spaces that may be utilized as part of the parking agreement to provide sufficient onsite parking for the proposed medical clinic. The adjacent site will continue to comply with their parking requirement after the reduction of 10 onsite parking spaces based on the new restaurant use that is proposed within the vacant building (see Exhibit "A"). Please note, the vacant building located at 3103 South Mooney Boulevard was previously occupied by a restaurant and bakery known as Ryan's Place.
The attached City Council Resolution (No. 2022-04) includes an analysis of the findings thereby upholding the Planning Commission's approval of Conditional Use Permit No. 2021-28.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to deny the appeal and uphold the Planning Commission's decision to approve Conditional Use Permit No. 2021-28.
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Environmental Assessment Status:
The requested action is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2021-48). Projects determined to meet this classification consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized in the Class 1 are not intended to be all-inclusive of the types of projects.
Attachments:
1. City Council Resolution No. 2022-04
2. Appeal Request
3. Planning Commission Staff Report
4. Planning Commission Resolution No. 2021-49
5. Exhibit "A" - Site Plan
6. Exhibit "B" - Floor Plan
7. Exhibit "C" - Operational Statement
8. Site Plan Review Comments
9. General Plan Land Use Map
10. Zoning Map
11. Aerial Photo
12. Vicinity Map