Agenda Item Wording:
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Public hearing and consideration of the following actions:
1. Adopt Initial Study / Mitigated Negative Declaration No. 2022-18 for Annexation No. 2022-03, Barr & Wood Tentative Subdivision Map No. 5588, Conditional Use Permit No. 2022-06, and Tentative Parcel Map No. 2022-02 (Resolution No. 2023-34 required); and
2. Initiation of Proceedings for Annexation No. 2022-03, a request by Woodside Homes to annex one parcel totaling approximately 69.35-acres into the City Limits of Visalia, located at the northwest corner of South Roeben Street and West Whitendale Avenue (APN: 119-022-041) (Resolution No. 2023-35 required); and
3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and
4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement.
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Deadline for Action: 8/7/2023
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, 559-713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council initiate annexation proceedings for the subject parcel by taking the following actions:
1. Certify Initial Study / Mitigated Negative Declaration No. 2022-18 for Annexation No. 2022-03, Barr & Wood Tentative Subdivision Map No. 5588, Conditional Use Permit No. 2022-06, and Tentative Parcel Map No. 2022-02; and
2. Initiate proceedings on Annexation No. 2022-03 with the Tulare County Local Agency Formation Commission (LAFCO); and
3. Authorize the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and
4. Authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.
If approved by the City Council, staff will file the Annexation application with LAFCO.
Summary:
Annexation No. 2022-03 is recommended by Planning Commission and staff to be submitted to LAFCO based on the finding wherein the project is consistent with General Plan Policy LU-P-21 that allows and directs development to occur in the City’s Tier II Urban Development Boundary (UDB).
The annexation is a request to annex a 69.35-acre parcel of land containing a General Plan land use designation of Very Low Density Residential to facilitate development of the Barr and Wood Tentative Subdivision Map, which was conditionally approved by the Planning Commission on June 26, 2023 (see Exhibit “B”). Upon annexation, the property will be zoned R-1-20 (Single-Family Residential, 20,000 square foot minimum site area), which is consistent with the Very Low Density Residential land use designation for the site. The annexation and tentative subdivision map have been requested by residential developer Woodside Homes.
The Barr and Wood Tentative Subdivision Map will subdivide the 69.35-acre parcel into a 136-lot single-family residential subdivision at a density of 1.93 dwelling units per acre (see Exhibit “A”). The development will be a gated private subdivision, with reduced lot sizes averaging 15,139 square feet in size, reduced setbacks, private streets, landscape outlots, walking trails, and additional amenities including a 3.7-acre neighborhood park which will function as the main focal point / community area for the neighborhood. The subdivision will be privately maintained by a homeowner’s association (HOA).
Subdivision Information
The annexation will facilitate the development of the Barr and Wood Tentative Subdivision Map, a 136-lot single-family residential subdivision. The subdivision will be developed at a density of 1.93 dwelling units per acre, with reduced lot sizes averaging 15,139 square feet in size and ranging from 11,592 square feet to 25,592 square feet. The development will be a gated private subdivision and will be privately maintained by a homeowner’s association (HOA). In order to enable the private nature of the subdivision and allow deviation from Visalia Municipal Code lot size, setbacks, and lot width standards for lots within the R-1-20 Zone, a request for a Planned Residential Development via Conditional Use Permit No. 2022-06 was filed along with the tentative subdivision map request. The subdivision will be developed over three phases, as denoted by Tentative Parcel Map No. 2022-02, also filed with the annexation request. Parcel 1/Phase 1 will be approximately 21.61 acres in area and will include 45 lots. Parcel 2/Phase 2 will be approximately 24.83 acres in area and will include 44 lots. Parcel 3/Phase 3 will be approximately 18.76 acres in area and include 47 lots. The tentative subdivision map, conditional use permit, and tentative parcel map where all approved by the Planning Commission along with the annexation recommendation on June 26, 2023.
The proposed single-family subdivision will be serviced by private streets: a 36-foot-wide internal private road with City standard curb and gutter, and a 48-foot-wide internal loop street, with 8 feet of landscaping and an 8-foot sidewalk/trail on one side. Additional improvements proposed include installation of a permanent stormwater basin, streetlights, sewer lines, storm drainage, and public infrastructure such as electricity, gas, and water. Additional public street improvements will be conducted to South Roeben Street and West Whitendale Avenue, both Collector Streets which will be widened to 42 feet within the boundaries of the subdivision, and South Shirk Street, a Minor Arterial which will be widened to 55 feet, again within the boundaries of the subdivision, and including portions east of Shirk Street, between the project site and West Walnut Avenue. Improvements along these major streets will also include construction of curb, gutter, sidewalks, block walls (where lots do not front onto roadways), installation of park strip landscaping, streetlights, sanitary sewer, and undergrounding of utility lines. Lastly, improvements will be conducted to the Persian Ditch, which traverses the eastern portion of the project site. Improvements will include the widening of existing service roads to 12 feet on each side, and installation of wood fencing.
The subdivision map will create 14 lettered outlots to be maintained by the HOA. The outlots will provide a variety of functions, including use as a private street (Outlet N), trail pathway (Outlets D, E, G, H, I, J), landscaping lot with block walls (Outlots A, B, C), a stormwater basin (Outlet K), canal (Outlets L, M), and the 3.7-acre private neighborhood park (Outlet F). The outlots account for approximately 16.17 acres of the total 69.35-acre development.
Annexation Information:
The project proponents have filed an application to initiate annexation for the 69.35-acre parcel, including road right-of-way for the adjacent Shirk Street to the west and future Whitendale Avenue to the south of the subdivision site (see Exhibit “B”). 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 General Plan Land Use Diagram. The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by LAFCO but cannot approve a final map until after the annexation is approved and filed with the Tulare County Recorder.
Providing of City Services:
The project will require improvements to the following infrastructure:
• Water Service: Water service to the subdivision will be provided by the California Water Service Company. A Will Serve Letter from the California Water Service Company has been provided.
• Sanitary Sewer: The sewer system will have to be extended to the boundaries of the development where future connection and extension is anticipated. The City of Visalia’s draft Sewer Master Plan also indicates the need for installation of a sewer trunk line within South Shirk Street. The sewer system will be sized in order to service the entire subdivision. The developer will be required to coordinate with City staff on design and construction requirements for the sanitary sewer. The sanitary sewer master plan for the entire development will be required to be submitted for review prior to approval of any portion of the system.
• Storm Drainage: Phase 1 of the subdivision will incorporate a temporary stormwater basin over Lots 23 and 24. Upon completion of the subdivision, the applicant proposes that the development be served by a 1.6-acre permanent stormwater basin for storm water drainage located at the southwest corner of the project site (Outlot K). The basin will be designed to capture storm runoff from the private development and will have the ability to recharge ground water from surface runoff, minimizing runoff into local creeks and channels. Additional runoff from the Roeben, Whitendale, and Shirk rights-of-way will be addressed via the developer providing a temporary easement within the private basin to collect public road runoff. The temporary easement will be released upon completion of a City master plan basin in the area.
• Canal: The existing Persian Ditch runs along the eastern portion of the project site. Outlots L and M (22,332 square feet and 13,913 square feet, respectively) will serve as lots to contain the canal. The lots will be approximately 48 feet wide to accommodate the placement of 12 food wide maintenance roads on either side of the canal. Areas of Outlots L and M that are adjacent to residential lots will be separated by wood fencing.
Furthermore, the extension of West Whitendale Avenue westward will necessitate the installation of a culvert for the Persian Ditch, which traverses the Whitendale alignment. Coordination will be required with the City, Persian Ditch Company, and property owner to the south for installation of the culvert.
The full complement of city services and programs, including Police and Fire protection, public parks usage, and Solid Waste collection, will be provided to the project site and future occupants of the project site upon annexation.
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.
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 as Exhibit “C” in the staff report.
City Council Districts:
If the annexation area is approved, the parcel will be annexed into Voting District 3 per the Council Election Voting District Map.
General Plan Consistency
The project is consistent with Visalia General Plan Land Use Policy LU-P-21, which states that the city should “Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”. The proposed site is within the County of Tulare and is adjacent to and consistent with existing developed residential sites to the north and east. Existing utility infrastructure (i.e., water, sewer, and stormwater) can be provided to accommodate the project at buildout. Furthermore, the site is located within the Tier II Urban Development Boundary (UDB), which allows for immediate development of a project site upon its successful annexation. Note the City of Visalia met General Plan residential land use thresholds for expansion into the Tier 2 UDB in July 2021.
The project is also consistent with Land Use Policy LU-P-54. The policy allows for residential development consistent with the Very Low-Density Residential designation at a density range between 0.1 to 2 dwelling units per gross acre. The proposed development will be developed at a residential density of 1.96 units per acre, consistent with the Very Low Density Residential General Plan land use designation and R-1-20 zoning district. The policy is intended to facilitate “single-family detached housing on large lots and a rural residential transition to surrounding agricultural areas.” The proposal meets the intent of the policy, providing a development compatible with residential areas to the north and east, with lot sizes comparable to surrounding lots, at a location that transitions smoothly with agricultural areas to the south and west.
The proposed subdivision does not meet all codified standards contained in the Zoning and Subdivision Ordinances. The applicant proposes lot sizes, setbacks, and lot widths that are smaller than what is required under the R-1-20 standards. To address this, the applicant submitted a Conditional Use Permit request for a Planned Residential Development, to permit deviations from Zoning Ordinance standards, including reduced lot sizes, reduced setbacks, private streets, and a private park. The Conditional Use Permit was approved by the Planning Commission at its June 26, 2023, public hearing. As it stands, the proposal meets the intent of the Very Low-Density Residential land use designation, as the zone deviations will still result in a development within the density limits of the land use designation, with lot sizes compatible with the surrounding residential areas to the north and east.
Agricultural Preservation Ordinance
For the annexation request tied to the Barr and Wood subdivision, the project site is not designated as prime farmland or farmland of statewide importance, as defined by the Tulare County Farmland Mapping and Monitoring Program. As such, the project site is not subject to the City’s agricultural preservation ordinance. No action is needed on the part of the applicant to limit impacts to farmland.
Airport Land Use
The proposed project is located approximately 1.77 miles southeast of the nearest public airport (Visalia Municipal Airport). According to the Tulare County Comprehensive Airport Land Use Plan (TC CALUP), the project site is located within Safety Zone 6 (Traffic Pattern Zone). Per the use matrix provided in the land use plan, single family residential development is considered compatible within Safety Zone 6. This is subject to a requirement that, in areas where aircraft noise is expected to exceed 60dB CNEL, inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.
Per the CEQA analysis, the project site will not be impacted by the airport use. Noise contours developed for 2019 show that the airport would produce less than 65 dB, which would not pose a safety hazard for people residing or working in the project area.
Roadway Improvements
The developer of the subdivision will be required to construct major street improvements along South Roeben Street, West Whitendale Avenue, and South Shirk Street. Improvements along the subdivision frontage for these major streets include improving the West Whitendale Avenue/South Roeben Street intersection and widening Roeben, Whitendale, and Shirk to their ultimate right-of-way design.
Street Widening:
South Roeben Street is a designated 84-foot-wide collector roadway. The project will require a 42-foot dedication and widening of the street along the eastern boundary of the project site to accommodate two additional travel lanes. West Whitendale Avenue is also a designated 84-foot-wide collector roadway that will similarly require a 42-foot dedication and widening of the street. Widening will occur along the southern boundary of the project site to accommodate two additional travel lanes, with the potential for a street median if sufficient right-of-way is available. Finally, South Shirk Street is a designated 110-foot-wide arterial road way. The project will require a 55-foot dedication and widening of the street along the western boundary of the project site, to accommodate two travel lanes, with the potential for a street median if sufficient right-of-way is available. Furthermore, the project proponent will be required to conduct additional widening of South Shirk Street, north of the Barr & Wood Subdivision, to be placed along the east side of South Shirk Street up to West Walnut Avenue. The requirement to buildout the additional street improvements will complete the east side of South Shirk Street. Note that the additional improvements outside the boundary of the proposed subdivision will be fully reimbursed to the developer.
Improvements along the right of way within the boundaries of the subdivision map shall include curb, gutter, sidewalks, streetlights, a block wall, and landscaping. All improvements will be maintained by the HOA proposed for the subdivision. All new utilities that will service the residential subdivision will be placed underground, including all existing power poles along the Whitendale Avenue alignment that are within the boundaries of the project site. Per the applicant, widening of Roeben Street shall take place during the first phase of development, with the remaining improvements to Whitendale Avenue and Shirk Road occurring in Phase II.
Local Streets:
The subdivision proposes a circular set of private streets that will be maintained by the HOA. The streets will be 48 feet wide for the internal private road that will service much of the development, and a 36-foot-wide internal private road that will serve lots surrounding the central park. The streets will provide access to both Roeben Street and Shirk Street via a 50-foot-wide gated access. Due to the private nature of the development, South Jacques Street, a local street within the adjacent subdivision which terminates at the northern end of the project site, will not connect to any of the proposed private streets. It currently contains a wood barrier and chain link fencing. Per the applicant the terminus be improved with a wrought iron fence and cross walk.
The street connections proposed with the subdivision, while not providing additional local street connections for public use, will serve to improve circulation for the general area through the extension of Whitendale Avenue and connection with Shirk Street.
Fiscal Impact:
Future development of the property will require the developer to pay development impact fees which include Transportation, Trunk Line Capacity, Strom Drainage Acquisition, Park Acquisition and Development, Waterways Acquisition, Public Safety, and Groundwater Overdraft Mitigation.
Prior Council Action: None.
Planning Commission Review and Action:
At its meeting on June 26, 2023, the Planning Commission considered the following entitlement requests from Woodside Homes for the project site located at the northwest corner of South Roeben Street and West Whitendale Avenue (APN: 119-022-041):
• Annexation No. 2022-03: A request to annex one parcel totaling approximately 69.35-acres into the City Limits of Visalia. Upon annexation the area would be zoned R-1-20, consistent with the General Plan Land Use Designation of Residential Very Low Density.
• Barr & Wood Tentative Subdivision Map No. 5588: A request to subdivide a 69.35-acre parcel into 136 lots for single-family residential use and additional lots for private streets, landscaping, lighting, and a pocket park.
• Conditional Use Permit No. 2022-06: A request to allow a planned unit development on a 69.35-acre parcel consisting of 136 single-family residential lots with reduced lot sizes, reduced setbacks, private streets, two gated entries, landscaping, and lighting district lots, and a pocket park.
• Tentative Parcel Map No. 2022-02: A request to subdivide 69.35 acres into three parcels for phasing and financing purposes.
Public testimony in favor of the proposal was provided at the public hearing from Matt Smith, developer with Woodside Homes. Additional public comment was received from residents of the Oak Meadows Estates and Roeben Ranch subdivisions to the north and east respectively. Comments from nearby residents centered around concerns with project descriptions provided in the public notices, concerns with the reduced lot sizes, and a request for fencing improvements at the terminus of Jacques Street where it meets with the Persian Ditch.
Staff stated that public notices were sent out with descriptions in compliance with State noticing requirements, and that the notices included contact information for City staff. Staff also noted that while the average lot sizes proposed for the subdivision where less than the minimum lot size required for the R-1-20 Zone, the overall density for the Very Low-Density Residential land use classification would be maintained. Lastly Matt Smith stated that the terminus of Jacques Street, which currently contains a wood barrier, would be improved with a wrought iron fence to prevent trespassing onto the ditch while maintaining visibility.
Following public comment, the Planning Commission concluded that annexation of the project site was consistent with policies LU-P-21 and LU-P-54 of the Visalia General Plan and voted 5-0 to recommend approval of the annexation to the Visalia City Council. The Planning Commission also voted 5-0 to approve the Tentative Subdivision Map, Conditional Use Permit, and Tentative Parcel Map requests included with the annexation. The Planning Commission’s recommendation and findings to support the annexation request are included in the resolution for the City Council’s consideration. If the City Council adopts the resolution initiating the annexation, staff will prepare an annexation application and file it with the LAFCO for consideration. The Planning Commission staff report is included as Exhibit “F” of this report.
Recommended Motion:
recommendation
I move to approve the following Resolution No. 2023-34, adopting Initial Study / Mitigated Negative Declaration No. 2022-18; and
I move to approve Resolution No. 2023-35, to initiate proceedings for Annexation No. 2022-03, authorize the detachment of property from County Service Area No. 1, and authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners.
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Alternative Motions:
The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:
1. Deny the Annexation; or
2. Refer the matter back to the Planning Commission; or,
3. Continue the matter to a future City Council hearing for additional information.
CEQA Review:
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. Initial Study and Mitigated Negative Declaration No. 2022-18 disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources:
• Four mitigation measures pertaining to Cultural Resources and Tribal and Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction. Measures also address the Santa Rosa Rancheria Tachi Yokut Tribe’s concerns regarding Tribal history and knowledge of the area.
• Three mitigation measures pertaining to Hydrology and Water Quality to address impacts to surface and groundwater resources.
Attachments:
1. Resolution No. 2023-34 certifying Initial Study and Mitigated Negative Declaration No. 2022-18.
2. Resolution No. 2023-35 initiating the Proceedings for Annexation No. 2022-03 and Detachment from County Service Area No. 1.
3. Exhibit “A” - Barr & Wood Tentative Subdivision Map No. 5588
4. Exhibit “B” - Annexation Plan and Legal Description
5. Exhibit “C” - Pre-Annexation Agreement
6. Exhibit “D” - Initial Study / Mitigated Negative Declaration No. 2022-18
7. Exhibit “E” - Planning Commission Resolution No. 2022-18 recommending initiation of Annexation No. 2022-03
8. Exhibit “F” - June 26, 2023, Planning Commission Staff Report
9. General Plan Land Use Map
10. Zoning Map
11. Aerial Map
12. Location Map