Agenda Item Wording:
title
Public hearing to consider the following items: 1. recommendation by the Visalia Planning Commission to approve General Plan Amendment No. 2022-01:
1. A recommendation by the Visalia Planning Commission to approve 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 (APNs: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021).
2. A recommendation by the Visalia Planning Commission to approve 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 (APNs: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021).
3. A review of Conditional Use Permit No. 2023-02: 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 (APNs: 093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).
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: 5/1/2023
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 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, for sites located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, and 1004 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, 093-112-021), 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 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, and 1004 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, 093-112-021), based on the recommendation of the Planning Commission; and
3. Accept a review of Conditional Use Permit No. 2023-02, 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 (APNs: 093-083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).
It is standard practice for staff to recommend the upholding of a Planning Commission action. Note that these land use actions, if approved, will facilitate implementation of Conditional Use Permit No. 2023-02, which was approved by the Visalia Planning Commission March 27, 2023. This is due to the Conditional Use Permit including a Condition of Approval invalidating the master plan boundary expansion proposed therein unless the accompanying General Plan Amendment and Change of Zone requests are approved.
Alternative Recommendations:
The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:
1. Adopt Resolution No. 2023-10 approving General Plan Amendment No. 2022-01, but remove property located at 1004 North Turner Street (APN: 093-112-021) from the list of properties being redesignated to Public Institutional; introduce the first reading of Ordinance No. 2023-04 approving Change of Zone No. 2022-02, but remove property located at 1004 North Turner Street (APN: 093-112-021) from the list of properties being rezoned to QP (Quasi-Public); and approve Resolution No. 2023-__, modifying Conditional Use Permit No. 2023-02, to limit the expansion of the Visalia Public Cemetery District master planned boundary by removing the boundary expansion encompassing those 12 properties located east of North Turner Avenue, between West Allen Avenue and West Roosevelt Avenue, listed as 914 and 920 W. Allen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022)
2. Adopt Resolution No. 2023-10 and Resolution No. 2023-__, denying General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02. This would also effectively nullify the Planning Commission approval of the entire master planned boundary expansion contained within Conditional Use Permit No. 2023-02.
3. Refer all or parts of the project back to the Planning Commission for further review; or,
4. Continue the matter to a future City Council hearing for additional information.
Project Description:
General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 together are a request by the Visalia Public Cemetery District to change the general plan land use and zoning designations of 16 parcels as described below:
• 15 properties totaling 3.33 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 “C”, the land use reclassification to Public Institutional / QP 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 QP zone. All 16 sites proposed for reclassification are owned by the Cemetery District.
As depicted in the Phasing Plan in Exhibit “B”, if the project is approved, the Cemetery District would begin utilizing rezoned properties under its ownership within the “current phase” immediately. The “current phase” 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 over the span of one to 10 years for the sites south of Sady Court and West Grove Street, and longer for Cemetery District owned sites north of those streets.
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 eight parcels contain single or multi-family development, encompassing a total of 15 residential units. Existing residential units owned by the Cemetery District are all located outside of the “current phase” identified in Exhibit “B”. Note that nine of the 15 units are within an existing multi-family complex located at the northeast corner of North Rinaldi Street and West Sady Court. 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 15 residential units.
As part of the General Plan Amendment and Change of Zone proposal, the applicant submitted Conditional Use Permit No. 2023-02, a request to expand the master plan boundary of the Visalia Public Cemetery that was established in 2005 via Conditional Use Permit No. 2005-08. The master plan boundary establishes areas in which the Cemetery District can acquire property for the eventual expansion of the Visalia Public Cemetery. While the Planning Commission retains jurisdiction over the review of Conditional Use Permit proposals, this item was referred to the City Council along with the General Plan Amendment and Change of Zone requests as the Conditional Use Permit includes a Condition of Approval binding its ratification to the approval of the land use changes. If the land use changes are denied, the boundary expansion contained within Conditional Use Permit No. 2023-02 will not go into effect, leaving in place the 2005 master planned boundary (Exhibit E).
The existing and proposed master plan boundaries are depicted in Exhibit “A”. The boundary expansion would encompass 13 properties totaling 2.8 acres. Twelve of the properties are located on the east side of North Turner Street, between West Allen Avenue and West Roosevelt Avenue, and contain single-family residences and a duplex. Only one property within this proposed expansion area (1004 North Turner Street) is currently owned by the Cemetery District. The 13th site proposed as part of the expansion request is located south of the cemetery at 1304 West Goshen Avenue and contains the still-in-operation Visalia Granite and Marble Works.
Per the Operational Statement in Exhibit “C”, the boundary expansion is necessary for the Cemetery District to keep pace with community demand and maintain sufficient area to allow for multiple internments to occur without disruption between individual parties. Data submitted by the Cemetery District notes that available burial sites within the existing cemetery grounds amount to 1,007 full body spaces and 450 ash spaces. The current availability is sufficient to serve the public for another eight years. Expansion of the master plan boundary will assist in increasing capacity for the future, allowing the cemetery to offer services in a wider geographical area, for a longer period of time. The proposed expansion area is also designed to maintain a concentric growth pattern in line with previous expansions. Per the applicant, the Cemetery District only attempts to acquire properties within the master plan boundary when they are put up for sale. Properties are purchased at fair market value and mechanisms such as eminent domain have never been employed to acquire properties.
The original land use plan and master plan boundary map approved via Conditional Use Permit No. 2005-08 are included as Exhibits “D” and “E”.
Planning Commission Public Hearing:
The Planning Commission held a public hearing on the General Plan Amendment, Change of Zone, and Conditional Use Permit request at its March 27, 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 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 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.
Staff further noted that proposed expansion areas located outside of the 2005 master plan boundary comprise 0.228 percent of the total Low Density Residential land available within the Tier 1 Urban Development Boundary of the City of Visalia. Given that the Low Density Residential designation is the largest residential land use class provided within the General Plan boundary, staff stated that the proposed master plan expansion would represent a miniscule reduction residential land, and would not impact the City’s ability to provide Low Density Residential housing capacity. Furthermore per the analysis of land available for the development of single-family residences presented to the City Council and Planning Commission at the joint June 13, 2022 meeting (“Overview of the City of Visalia Urban Development Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”), there are still approximately 932-acres of undeveloped single-family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots.
Lastly, staff stated that despite the land use changes proposed, some conditional residential uses, such as senior housing, are still possible within the QP Zone. As such, the proposal maintains the subject sites “residential capacity”, in conformance with Government Code Section 66300.
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.
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 16 cemetery owned properties from residential zonings to Q-P zoning. There are 15 active residences on the project sites to be rezoned, which will eventually be removed by the Cemetery District, at future dates, should the proposal be approved. Expansion of the master plan boundary will affect 11 existing single-family residences and a duplex located along the east side of Turner Street between Roosevelt and Allen Avenues. However, since only one property within that area is owned by the Cemetery District (1004 North Turner Street), no immediate impacts are expected on the existing housing units located within the proposed expansion area of the Cemetery District master plan.
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.
Areas outside of the 2005 master plan boundary that have been identified by the Cemetery District for expansion are also not subject to Government Code Section 66300 due to their comparatively small size relative to the City’s overall residential land use capacity. These areas total 2.13 acres of Low Density Residential / R-1-5 Zone land. This comprises 0.228 percent of the total Low Density Residential land available within the Tier 1 Urban Development Boundary of the City of Visalia. Furthermore, per analysis of land available for the development of single-family residences (June 13, 2022 City Council Report “Overview of the City of Visalia Urban Development Boundaries and discussion on Residential Housing Inventories within Tier I and Tier II”), there are still approximately 932-acres of undeveloped single-family residential land in Urban Development Boundary Tier I, providing space for the development of roughly 2,000 single family residential lots. The future loss of the 12 units currently within the proposed expansion area would be negligible compared to the remaining residential capacity.
Lastly, the proposed land use changes 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 effect “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 “D” and “E”. 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. Fifteen of the 16 sites currently proposed for reclassification are located within the 2005 master plan boundaries. The sole parcel located outside of the 2005 master plan boundary (1004 North Turner Street) is the impetus for the master plan boundary expansion (Conditional Use Permit No. 2023-02). Four of the 16 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.
Land Use Plan Conditions of Approval
When the master plan boundary expansion was approved by the Planning Commission on March 27, 2023, a number of conditions were applied and/or revised to prevent disorderly growth and impacts to occupants of residences adjacent to cemetery owned properties. One of the Conditions of Approval applied stated the following:
• Condition No. 6 - That the Conditional Use Permit No. 2023-02 shall be null and void unless General Plan Amendment No. 2022-01 and Change of Zone No. 2022-02 are approved by the City of Visalia.
As noted above, staff believes approval of the master plan boundary expansion proposed via Conditional Use Permit No. 2023-02 is appropriate as it formalizes the acquisition of a property by the Cemetery District that is currently located outside of the existing master plan boundary (1004 North Turner Street). Approval of the expansion will also assist in facilitating orderly growth of the cemetery, and provide it with increased capacity to offer services to the public.
Public Comment:
Staff received numerous calls from adjacent property owners with questions about the Cemetery District proposal and whether it would affect their properties. However, as of the publication of this report, formal comments have only been received from Gwen Schrank, community advocate, and David Dye, owner of 814 North Rinaldi Street, located within the Cemetery Districts 2005 master plan boundary area. The comments, both of which are in opposition to the project, are included with this report.
Supplemental information has also been provided by project consultant Walter Deissler and is included with the report. The submittal includes information on the Cemetery Districts earlier attempts to develop a second cemetery, data on burial site capacities, property acquisition and rental policies, and past correspondence from property owners wishing to sell their property.
Fiscal Impact:
None.
Prior Council Action:
The Visalia Public Cemetery District previously requested a General Plan Amendment, Change of Zone, and boundary expansion to its facilities in 2005 via the following projects:
• 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.
• 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).
• 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.
The General Plan Amendment and Change of Zone aspects of the proposal were approved by the Visalia City Council on July 18, 2005.
Recommended and Alternative Motions:
recommendation
Recommended Motion
• 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.
Alternative Motion No. 1
• 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; and
• I move to adopt Resolution No. 2023-__ modifying Conditional Use Permit No. 2023-02.
If Alternative Motion No. 1 is adopted, staff will prepare new resolutions to reflect the changes adopted by the City Council.
Alternative Motion No. 2
• I move to adopt Resolution No. 2023-10 denying General Plan Amendment No. 2022-01; and
• I move to adopt Resolution No. 2023-__ denying Change of Zone No. 2023-02.
This motion will nullify the Planning Commission approval of the boundary expansion proposed by Conditional Use Permit No. 2023-02. If Alternative Motion No. 2 is adopted, staff will prepare new resolutions to reflect the changes adopted by the City Council.
Alternative Motion No. 3
• I move to refer General Plan Amendment No. 2023-01, Change of Zone No. 2023-02, and Conditional Use Permit No. 2023-02 back to the Visalia Planning Commission for further review and action.
Alternative Motion No. 3
• I move to continue General Plan Amendment No. 2023-01, Change of Zone No. 2023-02, and Conditional Use Permit No. 2023-02 to the meeting of May 15, 2023...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. 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 Plans
4. Exhibit “B” - Phasing Plan
5. Exhibit “C” - Operational Statement
6. Exhibit “D” - 2005 Visalia Public Cemetery District Land Use Plan
7. Exhibit “E” - 2005 Visalia Public Cemetery District Master Plan Boundaries
8. Planning Commission Staff Report dated March 27, 2023
9. Public Comment: Letter of Opposition from David Dye
10. Public Comment: E-mail of Opposition from Gwen Schrank
11. Public Comment: Supplemental Information from Walter Deissler, Project Consultant