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File #: 23-0326    Version: 1
Type: Regular Item Status: Agenda Ready
File created: 8/18/2023 In control: Visalia City Council
On agenda: 9/5/2023 Final action:
Title: Public hearing and consideration of the following actions: 1. Adoption of Initial Study / Mitigated Negative Declaration No. 2023-37, consistent with the California Environmental Quality Act (Resolution No. 2023-40). 2. Initiation of Proceedings for Annexation No. 2021-04: A request to annex 95.56 acres, located within the City of Visalia Urban Development Boundary Tiers II and III, into the Visalia city limits. The annexation request includes authorizing the detachment from County Service Area No. 1 in accordance with State and County requirements and authorizing the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2023-41). 3. General Plan Amendment No. 2021-05: A request to amend the location and acreage of General Plan land use designations within 95.56 acres, resulting in the elimination of Very Low-Density Residential designation and redistribution of Low Density Residential, Medium Density Residential, and Parks / Recreation designations (Resolutio...
Attachments: 1. Attachment 01 Resolution for IS-MND, 2. Attachment 02 Resolution for Annexation 2021-04, 3. Attachment 03 Resolution for GPA 2021-05, 4. Attachment 04 Ordinance for Specific Plan 2021-06, 5. Attachment 05 Pratt Family Ranch Specific Plan 2023-07-24, 6. Attachment 06 Plan Area Concept, 7. Attachment 07 Phasing Map between Tiers 2 and 3, 8. Attachment 08 Tentative Subdivision Map, 9. Attachment 09 Gated lot floor plans-elevations, 10. Attachment 10 Perspective Elevations, 11. Attachment 11 Annexation Area, 12. Attachment 12 Existing General Plan, 13. Attachment 13 Proposed General Plan, 14. Attachment 14 Development Agreement Draft Pratt 08_10_2023 clean, 15. Attachment 15 Pratt Family Ranch Tier 3 LU-P-22 Memo, 16. Attachment 16 Planning Commission Staff Report, 17. Attachment 17 IS_MND Pratt Family Ranch Appendix-Technical Studies, 18. Attachment 18 Zoning, 19. Attachment 19 Aerial, 20. Attachment 20 Location, 21. Attachment 21 Applicant Request re Development Agreement
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Agenda Item Wording:

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Public hearing and consideration of the following actions:

1.                     Adoption of Initial Study / Mitigated Negative Declaration No. 2023-37, consistent with the California Environmental Quality Act (Resolution No. 2023-40).

2.                     Initiation of Proceedings for Annexation No. 2021-04: A request to annex 95.56 acres, located within the City of Visalia Urban Development Boundary Tiers II and III, into the Visalia city limits. The annexation request includes authorizing the detachment from County Service Area No. 1 in accordance with State and County requirements and authorizing the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2023-41).

3.                     General Plan Amendment No. 2021-05: A request to amend the location and acreage of General Plan land use designations within 95.56 acres, resulting in the elimination of Very Low-Density Residential designation and redistribution of Low Density Residential, Medium Density Residential, and Parks / Recreation designations (Resolution No. 2023-42).

4.                     Introduction and First Reading of Ordinance No. 2023-08 for Specific Plan No. 2021-06: A request to establish a new specific plan (Pratt Family Ranch Specific Plan) on 95.56 acres, including districts for low density residential, medium density residential, and parks and open space, and establishment of lots below minimum lot size. Full buildout of the plan will accommodate approximately 541 dwelling units and 8.3 acres of parks & open space, to be developed across Urban Development Boundary Tiers II and III. (Ordinance No. 2023-08 required)

Project Applicant: D.R. Horton CA3, Inc.

Project Location: North of Riverway Drive on the west and east sides of North Mooney Boulevard. (APN: 078-010-025, 028, 029; 078-110-022, 023)

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Deadline for Action:  9/5/2023

 

Submitting Department: Community Development

 

Contact Name and Phone Number:

Brandon Smith, Principal Planner, (559) 713-4636, brandon.smith@visalia.city;

Paul Bernal, Community Development Director, (559) 713-4025, paul.bernal@visalia.city

 

Department Recommendation:

The Planning Commission recommends that the City Council initiate annexation proceedings for the project by taking the following actions, consistent with the staff recommendation made to Planning Commission on August 14, 2023:

1. Adopt Initial Study / Mitigated Negative Declaration No. 2023-37 prepared for the following related entitlements.

2. Initiate proceedings for Annexation No. 2021-04 with the Tulare County Local Agency Formation Commission (LAFCO), including authorizing the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and authorizing the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.

3. Approve General Plan Amendment No. 2021-05.

4. Introduce first reading of Ordinance No. 2023-08 approving Specific Plan No. 2021-06.

If approved by the City Council, staff will bring back the second reading of Ordinance No. 2023-08 at the next City Council meeting and file the annexation application with LAFCO.

The entitlements are supported by both Planning Commission and staff based on the project’s consistency with the Land Use Element of the General Plan. Specifically, the Annexation will facilitate a master-planned residential development on a 95-acre site that spans between Urban Development Boundary Growth Tiers II and III, as allowed under General Plan Land Use Policy LU-P-22.

Furthermore, staff recommends approval of the General Plan Amendment and Specific Plan, based on the project’s consistency with the Land Use Element of the General Plan, the Zoning and Subdivision Ordinances, and Housing Accountability Act (Government Code section 65589.5).

 

Background Discussion:

Project applicant D.R. Horton has filed entitlement applications to facilitate the subdivision and development of property consisting of multiple parcels that are under common ownership, 95 acres in total, outside of the City limits. The project site is currently vacant except for one residence and was previously employed for agricultural use.

The entire project, described more fully in the Pratt Family Ranch Specific Plan document (included as Attachment 5), consists of a 541-lot single-family residential neighborhood with both public streets and private gated streets, along with 8.3 acres of parks and open space (shown as Attachment 6). The property will be developed entirely with detached single-family dwellings on both City standard-size lots and on small lots, including some gated small-lot communities. The specific plan document also functions as a planned residential development, providing design and development standards for the property’s residential communities as well as deviations to City development standards. For the gated neighborhoods that contain small lot single-family residences on property to be zoned R-M-2, elevations and floor plans for three home models to be associated with the development are provided, each with multiple exterior treatment options (see Attachments 9 and 10). The plans are all two-story units ranging in size from 1,378 square feet to 1,775 square feet of livable space.

Entitlements for this project consist of an annexation, tentative subdivision map, adoption of a specific plan (which includes the establishment of a planned residential development), and a general plan amendment. The tentative subdivision map (see Attachment 8) was filed to create 247 lots out of the 541 total lots identified in the specific plan, and was approved by the Planning Commission on August 14, 2023, subject to City Council’s approval of the remaining entitlements.

The request for development across the two growth tiers is being made in accordance with General Plan Land Use Policy LU-P-22, which allows for City Council approval of master plans (or, in this case, a specific plan), following Planning Commission review and recommendation, for sites under a single ownership that include developmental land within multiple development tiers. The growth between Tiers II and III is facilitated through a Development Agreement (explained further below) that sets criteria needing to be met before growth occurs in land within Tier III.

The individual entitlements of this project are described as follows:

Annexation No. 2021-04 will annex parcels totaling approximately 95 acres located outside the city limits, within Tulare County (see Exhibit “G”). Upon annexation, the Zoning designations for the project area will consist of R-1-5 (Single-Family Residential 5,000 square foot minimum site area), R-M-2 (Multi-Family Residential, one unit per 3,000 square feet site area) and Q-P (Quasi-Public), consistent with the underlying General Plan land use designations as proposed through the General Plan Amendment. The annexation can be supported on the basis that the proposal is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s Land Use Diagram. Furthermore, the annexation of the Tier III Urban Development Boundary portion is consistent with Land Use Policy LU-P-22, which allows for annexation before development is permitted in Tier III under Policy LU-P-21. The policy explicitly allows for a project to annex and develop while the City is still limiting development approvals to land within the Tier II designation. The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development.

General Plan Amendment No. 2021-05 is requested to redistribute land use designations that are located upon several sites that are under a single ownership.  Current and proposed land use designations are summarized as follows:

Land Use Designation (Zoning Designation)

Existing Size

Proposed Size

Very Low Density Residential (R-1-20 zone designation)

16 acres [all in Tier III]

0 acres

Low Density Residential (R-1-5 designation)

51 acres

57 acres (including R.O.W.)

Medium Density Residential (R-M-2 designation)

25 acres [all in Tier II]

31 acres (including R.O.W.)

Parks / Recreation (QP designation)

4 acres [all in Tier II]

8 acres

The property currently has a land use designation of Residential Very Low Density along its north side which abuts a large Parks/Recreation designation, located to the north between Avenue 320 and the St. John’s River. It also contains Residential Medium Density and Park/Recreation designations that are currently confined to Tier II (see Attachment 12 for map of existing designations). The changes in designation will eliminate the Residential Very Low Density Designation and spread the balance of the designations to create a community with mixtures of lot sizes and park and trail amenities, as explained further in the specific plan (see Attachment 13 for map of proposed designations).

Specific Plan No. 2021-04 establishes the Pratt Family Ranch Specific Plan (“Plan”), which is applicable to the subdivision resulting in 247 lots plus future development within Tier III extending north to Avenue 320.  Overall, the Plan serves as a master land use plan (see Attachment 6) facilitated with the redistribution of land use designations under General Plan Amendment No. 2021-05, and serves as a policy document with enforceable development standards for the residential lots.

A key design feature of the Specific Plan is the placement of parks in the center and southeast portions of the property (see Figure 4-12 of Specific Plan) and a pedestrian trail on linear lots connecting the open and gated neighborhoods with St. John’s River to the north and Mooney Boulevard to the south. The Plan establishes parks and trails with uniform features and amenities, such as landscaping, lighting features, and open space features. The Plan goes into more clear detail in Sections 5, 6, and 7 on the development’s circulation, infrastructure, administration and implementation.  A separate phasing exhibit (see Attachment 7) illustrates the order of development along with the placement of the City’s growth tier boundary.

Pratt Family Ranch Tentative Subdivision Map is not subject to City Council review and approval, since the Planning Commission is the final authority on tentative maps.  However, in the context of this project, the map is dependent upon City Council’s review and approval of the Specific Plan as it serves as a request for a Planned Residential Development, to permit deviations from Zoning Ordinance standards. Specifically, the plan proposes setbacks that are smaller than what is required under the R-1-5 and R-M-2 standards, along with gated private streets.

Background on Specific Plans:

Specific plans are a type of guiding and policy document utilized in California jurisdictions.  Whereas general plans provide context, land uses, objectives and goals for an entire jurisdiction (i.e., county-wide or city-wide), a specific plan covers part of an area covered by the general plan. When being written for a particular document, a specific plan can also include zoning regulations for the mix of land uses within it, including architectural standards if desired. Specific plans may be voluntarily initiated by one or more property owners, or may be required or recommended by a general plan document.  In this instance, the Pratt Family Ranch Specific Plan is being proposed based on Visalia General Plan Policy LU-P-22.

Specific plans are regulated by state law per Government Code Sections 65450 through 65457, and regulated by Visalia city law per Municipal Code Chapter 12.04 (for full text, see Related Plans and Policies section of Attachment 16).

Development Agreement & Tier III Expansion Criteria:

A Development Agreement has been prepared by staff to accompany the proposed project (see Attachment 14), based upon the proposal of a master-planned site that spans between Tiers II and III. 

Land Use Policy LU-P-22 allows for master-planned sites that are under a single ownership or unified control to be annexed and developed, subject to the City Council approval of a master plan (in this case, a specific plan) and a development agreement.  The intent of the development agreement, according to Policy LU-P-22, is to spell out “details regarding the overall development, density/intensity and phasing, infrastructure needs and financing, and what each party would do”. The development agreement, once entered into between the City and the landowner or developer, would enable the property to annex and develop within Tier III, subject to criteria, while the City is still limiting development approvals to land within the Tier II designation.

The project proponent, on behalf of DR Horton, has specifically requested to allow the Pratt Family Ranch Specific Plan development to begin growth in the Tier II area and to have continuous growth into the Tier III portion of the plan (see memo included as Attachment 15).  The proposal of “continuous growth” infers not being interrupted by the requirement of meeting citywide expansion criteria as stated in Land Use Policy LU-P-21.  The memo cites how the property has been designed as one cohesive neighborhood with parks, a walking trail, and other amenities that connect development situated in Tiers II and III.

The draft Development Agreement prepared by staff recommends that certain criteria be met before the City will process any subdivision map entitlement in the Tier III area. The intent is to ensure that substantial progress and investment is made in the Tier II area, such that no portion of the Tier II area is being passed over prior to the Tier III area.

The applicant has reviewed the draft Development Agreement, and following the Planning Commission review and recommendation to Council, the applicant submitted a letter to staff requesting a change to Article 2.2 of the agreement.  The change would retain the requirement, among others, for issuing building permits for 85% of the lots in the Tier II portion before progressing to Tier III, but would remove the requirement of building out Sub Phases 1 and 2.  The 85% requirement, to be met, would still require a level of development in Sub Phases 1 through 4.  Staff has discussed with the applicant and is accepting of the change, based on the understanding that the applicant intends to develop all four Sub Phases concurrently which still ensures that no Sub Please will be passed over prior to moving to Tier 3.

The criteria, incorporating the applicant’s request, are summarized as follows:

                     Prior to the processing of a Tier III tentative subdivision map, all phases and lots specified in the Pratt Family Ranch Tentative Subdivision Map No. 5583 shall have final maps recorded with the Tulare County Recorder.

                     Prior to the processing of a Tier III tentative subdivision map, permits for new dwelling units shall be issued for approximately 85% of the lots in the Pratt Family Ranch Tentative Subdivision Map No. 5583.

                     Prior to the processing of a Tier III tentative subdivision map, improvements for Circulation Element streets, the proposed pedestrian trail and landscaping, HOA parks, and other public areas shown in the Tier II area shall be completed.

                     A tentative subdivision map for the Tier III area can be filed and reviewed by the Site Plan Review Committee, and can subsequently be filed with the City of Visalia, but cannot be scheduled for hearing until the above criteria are met.

General Plan Consistency:

The entire site has been designated for residential land uses since the adoption of the Visalia General Plan in 2014.  The project is consistent with General Plan Land Use Policies LU-P-55 and LU-P-56. The policies allow for residential development consistent with the Low Density Residential designation at a density range between 2 and 10 dwelling units per gross acre, and the Medium Density Residential designation at a density range between 10 and 15 dwelling units per gross acre.

Low Density Residential

Areas of the project designated as Low Density Residential will be developed at residential densities ranging between 5.0 and 6.4 units per acre consistent with the Low Density Residential General Plan land use designation as well as the R-1-5 zoning district. The policy states: “this designation is intended to provide for single-family subdivisions.”

One aspect of the proposed General Plan Amendment is that it relocates areas designated for Low Density Residential directly next to Shannon Ranch subdivision’s developed residences, which are similarly zoned R-1-5. Currently there is a Medium Density Residential designation directly behind the Shannon Ranch neighborhood, which will be relocated to north of Pratt Avenue.

Medium Density Residential

The two areas of the Specific Plan designated as Medium Density Residential will have a combined density of 10.0 units per acre consistent with the Medium Density Residential General Plan land use designation as well as the R-M-2 zoning district. The Medium Density Residential designated area within the tentative subdivision map will be 9.8 units per acre.

The policy states: “this designation can accommodate a mix of housing types including small-lot single-family … on infill lots or new development areas within walking distance of neighborhood nodes and corridors.” A commercial node, located on the northeast and northwest corners of Mooney Boulevard and Riggin Avenue, is within one-half mile of the southern boundary of the project site.

Currently there is no other development surrounding the Medium Density Residential portions of the project site, except for the balance of the Pratt Family Ranch Specific Plan development.  The two areas designated for Medium Density Residential will only directly abut the Specific Plan’s R-1-5 zoned lots that are 4,050 sq. ft. in size (see Attachment 5), thereby providing a suitable transition between the Low and Medium Density areas. The balance of the Medium Density Residential area will be bordered by arterial streets (Mooney Boulevard and Avenue 320) on the north and east, and the landscape lots containing the pedestrian trail on the west and south.

Elimination of Very Low Density Residential

The existing General Plan land use map shows 16 acres of Residential Very Low-Density designation (i.e., 0.1 to 2 dwelling units / gross acre) on the north sides of the property, at a depth of approximately 440 feet. The designation was implemented with the General Plan Update in 2014 and is intended to serve as a buffer on the outer perimeter of the City’s growth area as it approaches the St. John’s River, wherein residences would be permitted at a lesser density.  Land Use Policy LU-P-54 addresses the use of the Very Low Density Residential designation as an opportunity for a rural residential transition to surrounding agricultural areas.

The applicant has provided a response to the elimination of the designation, stating in Section 3.2 of the Specific Plan that “the Very Low Density is starting to phase out in the housing market and with the ever-growing need of housing, high-density homes are a more desirable use of land.”

Staff finds that the removal of the designation at this location would not be wholly inconsistent with the General Plan’s objectives and policies. At this location, the St. John’s River corridor serves as a natural boundary to growth and to agriculture uses on the other side, and a Parks /Recreation designation further buffers the existing Very Low-Density Designation from the St. John’s River. Thus, removal of the designation is not anticipated to result in growth inducing or intensification effects, given that there are other existing locations along the south side of the St. John’s River where development abuts directly to the St. John’s River’s riparian setback.

Housing Accountability Act (Government Code section 66589.5)

The Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable general plan, zoning, and subdivision standards, including design review, if they were in effect at the time that the housing development application was deemed complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and that there is no feasible way to mitigate or avoid the impact.

With approval of the attached Planned Residential Development as detailed per the specific plan, the project is considered to be consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and single-family residential development standards. The lots proposed for Pratt Family Ranch subdivision meet density standards for the Low Density Residential and Medium Density Residential land use designations and will be compatible with surrounding developed residential areas. Furthermore, the subdivision will develop a private network of local streets and improve adjacent Collector and Arterial public roadways, thereby facilitating increased street connectivity to accommodate future growth areas.

Development Standards

The Specific Plan identifies three unique minimum lot sizes that will be utilized in neighborhoods within the project area, as illustrated in Table 4-1.  These are summarized as follows:

                     50’ x 100’ lot (5,000 sq. ft.): Low Density Residential Designation / R-1-5 Zoning

o                     These lots resemble City-standard R-1-5 zone district lots that would utilize standard single-family residential standards together with City standard street design.

Staff is recommending through Condition of the Specific Plan that the City standard setbacks be utilized, excepting that rear yards for one-story dwellings may have a 20-foot setback to the rear property line.

                     45’ x 90’ lot (4,050 sq. ft.): Low Density Residential Designation / R-1-5 Zoning

o                     Lots with minimum size of 4,000 sq. ft. are proposed in one district of the Specific Plan and the Tentative Subdivision Map.  These lots will be located in the R-1-5 zone and will utilize City standard street design. The applicant has specified that the same residential plans/models will be utilized in the 45’ x 90’ lots and in the 38’ x 72’ lots.

The Specific Plan may deviate from normal zoning regulations and standards. Staff will consider such deviations if it can be shown that the deviations maximize benefits to the eventual residents of a development. The Specific Plan request entails certain deviations from City standards.

Staff is recommending that the Specific Plan’s proposed setbacks in Table 4-2 be utilized. Staff’s recommendation is on the basis that this neighborhood is joined and adjacent to the medium density residential neighborhood which also utilizes deviated setbacks. These lots do not share any property lines with the 5,000 square foot lot neighborhood. Also, there are additional amenities provided in that the Specific Plan and Tentative Subdivision Map that provide additional open space areas and access to a pedestrian trail that links the St. John’s River to Mooney Boulevard.

                     38’ x 72’ lot (2,736 sq. ft.): Medium Density Residential Designation / R-M-2 Zoning

o                     Lots with a minimum size of 2,500 sq. ft., anticipated to accommodate a detached single-family dwelling, are proposed in two districts of the Specific Plan. These lots will be located in the R-M-2 zone and will utilize private streets with gated entry. Again, the applicant has specified that the same residential plans/models will be utilized in the 45’ x 90’ lots and in the 38’ x 72’ lots.

o                     The Specific Plan may deviate from normal zoning regulations and standards.  Staff will consider such deviations if it can be shown that the deviations maximize benefits to the eventual residents of a development.  The Specific Plan addresses certain project amenities that will be provided to occupants of the gated community (i.e., a 0.29-acre park centrally located and privately maintained by the HOA) and other amenities that will be provided to the entire specific plan area (i.e., additional open space areas, access to a Landscape and Lighting District-maintained pedestrian trail that links St. John’s River to Mooney Boulevard.)

o                     Deviations being requested to the Medium Density Residential designation through the Specific Plan are: Front, Side, and Rear Setbacks; Lot Width; Private streets and gated entries; Creation of HOA park.

o                     Staff is recommending that the Specific Plan’s proposed setbacks in Table 4-3 be utilized. Staff’s recommendation is on the basis that the development encapsulates a small lot subdivision environment similar to existing subdivisions in Visalia such as Avalon or Huckleberry Estates, provides additional amenities beyond in the Specific Plan setting, and proposes use of enhanced facades and architectural trims (as described below).

Conformance of the development standards and any changes described herein will be enforced through Condition No. 1 of the Specific Plan.

Medium Density Residential Building Elevations/Floor Plans

Building elevations and floor plans for the Medium Density Residential development are included in Attachments 9 and 10.  Per the submittal, the applicant will be providing two-story residences, with 1,378, 1583, and 1775 square feet of livable space. Three floor plans are provided, with three to four bedrooms, each with three distinct design types and multiple façade colors to choose from. The proposed street facing façades will feature various forms of architectural ornamentation depending on the style chosen, such as fiber cement board and batten siding, stone veneer over stucco columns or wood columns, and foam outlooker with knee brace.

These architecture features will be standard on the frontages of all residences. The elevations provided by the applicant do not show the same architecture features on the side and rear elevations of the residences.  Staff is recommending that exterior wall materials - specifically trim around the windows - shall be applied equally to all sides of the dwelling units where such elevations are visible from public streets.  This recommendation is being made from the standpoint that the medium density residential units are enjoying privileges of smaller lot sizes in a planned development setting, and therefore shall be held to a higher standard compared to City standard development to ensure that benefits are maximized accruing to the City of Visalia.

Conformance of the floor plans and elevations against the exhibits will be enforced through Condition No. 2 of the Specific Plan.

Agricultural Preservation Ordinance Requirements

The 95-acre project site is in the City’s Tier II and III urban development boundary and is designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program. As a result, the development of this site is subject to the City’s recently adopted Agricultural Preservation Ordinance.

Annexation Information

Detachment for Service Area No. 1:

The subject site is part of Tulare County Service Area No. 1. Services provided in Service Area No. 1 include domestic water and sewer. Detachment of the project area from Service Area No. 1 is required upon annexation as future development will receive domestic water and sanitary sewer services from the California Water Service Company and the City of Visalia, respectively.

Annexations submitted to LAFCO require that the City include a request to detach the annexed area from the County’s service area. Though detachments were previously an automatic process conducted as part of annexations, a 2009 law change now requires Cities to explicitly request detachment. The detachment is reflected in the draft Resolution (see Attachment No. 2).

Pre-Annexation Agreement:

The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation. The agreement is included within Attachment No. 2.

City Council District:

If the annexation area is approved, the parcel will be annexed into Voting District 4 per the Council Election Voting District Map. This is reflected in the draft Resolution (see Attachment No. 2).

Public Hearing & Review held by Planning Commission:

The Planning Commission conducted a public hearing on August 14, 2023, to consider the project and requests for a tentative subdivision map on the project site. The affiliated staff report is provided as Attachment No. 16.

During the public hearing, comment was provided by representative of the project applicant as well as three neighbors expressing concerns.  Two of the neighbors resided in Shannon Ranch west of the property and one owned property on Pratt Avenue west of the property.  Concerns raised by the neighbors included the project’s density, smaller lot sizes and resulting setbacks (particularly compared to the adjacent developed neighborhood), traffic, home values, water availability, and need for retaining wall to address flood zone. Staff was able to address questions raised by the neighbors pertaining to accountability of water service, lot sizes allowed by the underlying R-1-5 zone, and retaining wall requirements.

In providing comments for the projects, the Commissioners felt that the project’s concept was well thought out and commended the applicant’s choice to provide a range of lot sizes in separate communities. Commissioner Peck expressed discomfort with the General Plan Amendment’s proposal to remove the Very Low Density Residential designation, substituting it for the most intensive land use designation (i.e., Medium Density Residential) proposed by the project.

Planning Commissioners made a motion for each individual entitlement, and each item passed on a 4-0 vote (Commissioner Hansen absent), resulting in approval of the tentative subdivision map as proposed and recommendations that the City Council approve the Specific Plan, General Plan Amendment, and initiate the Annexation request.

 

Fiscal Impact:

No impact to the City. Future development of the property will require the developer to pay development impact fees.

 

Prior Council Action: None.

 

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1.                     Deny the entitlements; or

2.                     Refer the matter back to the Planning Commission; or,

3.                     Continue the matter to a future City Council hearing for additional information.

 

Recommended Motion (and Alternative Motions if expected):

recommendation

I move to approve Resolution No. 2023-40, adopting Initial Study / Mitigated Negative Declaration No. 2023-37; and

I move to approve Resolution No. 2023-41, to initiate proceedings for Annexation No. 2021-04, including authorization of the detachment of property from County Service Area No. 1 and for the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners; and

I move to approve Resolution No. 2023-42, to approve General Plan Amendment No. 2021-05; and

I move to conduct the First reading of the approval of Ordinance No. 2023-08.

end

Environmental Assessment Status:

An Initial Study and Mitigated Negative Declaration were prepared for the proposed project (see Attachment No. 17). Initial Study and Mitigated Negative Declaration No. 2023-37 disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources: One (1) mitigation measure pertaining to Agricultural would reduce impacts of the Project's loss of agricultural land to a level that would be less than significant. Seven (7) mitigation measures pertaining to Biological Resources would reduce impacts of the Project to special-status wildlife species (i.e., Swainson's Hawk, San Joaquin Kit Fox, Western Burrowing Owl, American Badger) to a level that would be less than significant. Three (3) mitigation measures pertaining to Cultural Resources would reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction to a level that would be less than significant. Two (2) mitigation measures pertaining to submittal of plans for storm water pollution and pollutant discharge would reduce impacts to soil erosion or the loss of topsoil at the Project site to a level that would be less than significant. One (1) mitigation measure pertaining to Noise would reduce the impacts of the Project related to construction noise to a level that would be less than significant. Two (2) mitigation measures pertaining to payment of transportation impact fees would reduce impacts to traffic at the Project site to a level that would be less than significant. With the mitigation incorporated into the project, staff concludes that Initial Study and Mitigated Negative Declaration No. 2023-37 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level.

 

CEQA Review:

An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA), which disclosed that environmental impacts are determined to be not significant with the inclusion of mitigation measures.  Therefore, Mitigated Negative Declaration No. 2023-37 has also been prepared for adoption with the project.

 

Attachments: 1. Resolution No. 2023-40 certifying Initial Study and Mitigated Negative Declaration No. 2023-37. 2. Resolution No. 2023-41 initiating the Proceedings for Annexation No. 2021-04 and Detachment from County Service Area No. 1.  3. Resolution No. 2023-42 approving General Plan Amendment No. 2021-05.  4. Ordinance No. 2023-05 adopting Specific Plan No. 2021-06.  5. Pratt Family Ranch Specific Plan document. 6. Plan Area Concept (Figure 4.1 of Specific Plan).  7. Phasing Map between Tiers 2 & 3. 8. Pratt Family Ranch Tentative Subdivision Map No. 5583.  9. Gated Lot Model Floor Plans.  10. Gated Lot Model Elevations.  11. Annexation Plan and Legal Description.  12. Existing General Plan Designations (Figure 3.1 of Specific Plan).  13. Proposed General Plan Designations (Figure 3.2 of Specific Plan).  14. Draft Development Agreement.  15. Memorandum regarding request for Tier 3 development.  16. Planning Commission Staff Report.  17. Initial Study / Mitigated Negative Declaration No. 2023-37.  18. Zoning Map.  19. Aerial Map.  20. Location Map.  21. Request by Applicant regarding Draft Development Agreement