Agenda Item Wording:
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Public Hearing and consideration of the following actions related to the project site located on the southeast corner of East Cherry Avenue and South Lovers Lane (APN: 127-030-018):
1. Certification of Initial Study / Negative Declaration No. 2021-49 for Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map No. 5585, and Tentative Parcel Map No. 2022-01 (Resolution No. 2022-38 required); and
2. Initiation of Proceedings for Annexation No. 2021-03 a request by Quest Equity, LLC to annex a 32.35-acre parcel into the City Limits of Visalia; 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 (Resolution No. 2022-35 required)
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Deadline for Action: 6/6/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Rafael Garcia, Senior Planner, 713-4443, rafael.garcia@visalia.city <mailto:rafael.garcia@visalia.city>
Paul Bernal, Community Development Director, 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 / Negative Declaration No. 2021-49 for Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map (TSM) No. 5585, and Tentative Parcel Map (TPM) No. 2022-01; and
2. Initiate proceedings on Annexation No. 2021-03 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:
The recommendation to initiate Annexation No. 2021-03 is based on the conclusion that the project is consistent with General Plan land use policies directing development to occur in the City’s Tier 2 Urban Development Boundary (UDB) through projects that promote concentric growth utilizing sites in close proximity to City services (i.e., sewer, water, police, and fire, etc.).
The annexation application is requesting to annex property within the City to facilitate development of the Higgins Ranch tentative subdivision map, conditionally approved by the Planning Commission on May 9, 2022. Upon annexation, the Zoning designation for the 32.35-acre parcel will be R-1-5 (Single-family Residential 5,000 square foot minimum site area) for the entire project site. The Higgins Ranch tentative subdivision map will subdivide the 32.35-acre parcel into a 174-lot single-family residential subdivision at a density of 5.38 dwelling units per acre (see Exhibit “A”). The proposed single-family subdivision will be serviced by 60-foot wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks, and streetlights), sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water). Primary access to the subdivision will be from Lovers Lane, an arterial street, and Cherry Avenue, a local roadway. Both streets will be improved to their ultimate right-of-way width within the boundaries of the Higgins Ranch subdivision. Improvements along these major streets include construction of curb, gutter, parkway landscaping, sidewalks, block wall, installation of park strip landscaping, streetlights, and undergrounding of utility lines. The subdivision will be developed over two phases, following the phasing lines established by Tentative Parcel Map No. 2022-01, also conditionally approved by the Planning Commission. Phase I will be approximately 19.05 acres in area and will include 100 lots. Phase II will be approximately 13.30 acres in area and will include 74 lots.
The Planning Commission conducted a public hearing on May 9, 2022, to consider the annexation, tentative subdivision map and tentative parcel map request for the project site. The Planning Commission concluded that the annexation of the site is consistent with the Visalia General Plan. Specifically, the Planning Commission noted that the proposed annexation is consistent with General Plan Land Use Policies LU-P-21 and LU-P-55. The Planning Commission approved the tentative subdivision map and tentative parcel map, subject to the approval of the Annexation, and recommended that Council initiate proceedings for 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 Tulare County Local Agency Formation Commission (LAFCO).
Background Discussion:
Project Description:
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan. Specifically, the annexation will facilitate a residential subdivision development on a 32.35-acre site in a manner that is consistent with residential neighborhoods in the area. The following potential issue areas have been analyzed for the proposed project.
General Plan Consistency:
The proposed annexation and 174-lot single-family residential subdivision on 32.35-acres is compatible with existing residential development adjacent to the area. The project is consistent with Land Use Policy LU-P-21 of the 2014 General Plan, 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 site is within the County of Tulare and is adjacent to developed sites to the north and west. Existing utility infrastructure (i.e., sewer, storm and water) can be provided to accommodate the project at buildout. Further, the site is in the Urban Development Boundary (UDB) Tier 2, which allows for immediate development upon successful annexation. Visalia met the residential land use thresholds for expanding into the Tier 2 growth boundary in July 2021.
Furthermore, the project is consistent with Policy LU-P-55. The policy allows for residential development consistent with the Low Density Residential designation at a density range between two to ten dwelling units per gross acre. The site will be developed at a residential density of 5.38 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.” Compatibility with the surrounding area is required by the General Plan in the decision to facilitate development on the site. The subdivision meets all of the codified standards contained in the Zoning and Subdivision Ordinances, as well as all General Plan policies pertaining to residential development. Staff finds that the tentative subdivision map is compatible with the surrounding area and the Low Density Residential land use designation.
Annexation No. 2021-03:
The project proponents have filed the annexation application, which is required in order to annex the site into the City’s land use jurisdiction. The Annexation can be supported on the basis that the proposed use is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram. The site can be serviced with all of the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to initiation by the City Council and prior to final approval of the annexation by the local agency formation commission but cannot approve the final subdivision map until after the land is annexed and the annexation is recorded through the Tulare County Recorder.
Planning Commission Public Hearing:
At its meeting on May 9, 2022, the Planning Commission considered Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map (TSM) No. 5585, and Tentative Parcel Map (TPM) No. 2022-01.
The Planning Commission staff report provided an extensive overview of the improvements associated with the subdivision map. A brief synopsis of the street improvements is provided as follows:
Lovers Lane is a designated 110-foot wide arterial street. Improvements along the right of way within the boundaries of the subdivision map include improving the street to its full width which will include a Class II bike lane, curb, gutter, sidewalks, streetlights, block wall and landscaping along the east side of the street. The Lovers Lane and Cherry Avenue intersection will be limited to right-in, right-out, and left-in traffic movements, while the Lovers Lane and “D” Street intersection will be limited to right-in and right-out only. No new left-turn pocket will be required along this segment of Lovers Lane.
Cherry Avenue is a 56-foot wide local street. Full street improvements along Cherry Avenue include a street widening, new curb, gutter, parkway landscaping and new sidewalk along the south side of the roadway fronting the new development. The north side of the roadway has been improved as part of the residential subdivision to the north.
Local Street Connectivity: The 174-lot subdivision is designed to comply with the City’s Engineering Improvement Standards “P-15 - Super Block Connectivity”. This improvement standard provides for access via the local street connectivity pattern within a superblock thereby reducing trips onto arterial and collector streets. The superblock connectivity design allows for interconnectivity between and within neighborhoods.
During the public hearing, public testimony in favor of the proposal was provided by Darlene Mata, consultant for the applicant. Public comment in opposition to the proposal was received by Craig McDonald via email and during the public hearing. Mr. McDonald cited concerns with potential negative impacts to their property just north of the project site, concerns regarding residential density of the subdivision, potential increases to traffic and impacts to their quality of life. The e-mail submitted is included in Exhibit “E” of the staff report.
Based on the proposal and public testimony received at the public hearing, the Planning Commission approved the TSM and TPM requests, and found the annexation to be consistent with the policies and goals of the Visalia General Plan. The resolution recommending approval of the annexation to the City Council and the Tentative Subdivision Map were unanimously approved via a 5-0 vote by the Planning Commission. However, the Tentative Parcel Map was approved via a 4-1 vote.
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 2 per the Council Election Voting District Map.
City Services:
City Services, including Police and Fire protection, will be provided to the project site upon annexation. Sanitary sewer service will be extended to the project site upon development, as will water service through the California Water Service Company. Upon annexation, the full complement of city services and programs will be available to future occupants of the project site.
Fiscal Impact:
Future development of the project will require the developer to pay development impact fees which include Transportation, Trunk Line Capacity, Strom Drainage Acquisition, Park Acquisition, Waterways Acquisition, Public Safety, Groundwater Overdraft Mitigation, etc.
Prior Council Action: None.
Committee/Commission Review and Action:
The Planning Commission held a public hearing for the proposed project on May 9, 2022. The Planning Commission approved Higgins Ranch TSM No. 5585 to subdivide a 32.35-acre parcel into 174 lots for residential use; and TPM No. 2022-01 to subdivide the subject site into two lots for phasing and financing purposes. The TSM was approved by a 5-0 vote and the TPM was approved by a 4-1 vote. Along with the maps, the Planning Commission considered Annexation No. 2021-03, a proposal to annex a 32.35-acre parcel into the City Limits of Visalia, which will be zoned R-1-5 (Single-family Residential) upon annexation which is consistent with the General Plan Land Use designation of Residential Low Density. The Planning Commission moved to find Annexation No. 2021-03 consistent with the policies and goals of the Visalia General Plan and recommended approval to the Visalia City Council by a vote of 5-0.
Alternatives:
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.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the following:
Resolution No. 2022-38 certifying Initial Study / Negative Declaration No. 2021-49, and
Resolution No. 2022-35 initiate proceedings for Annexation No. 2021-03, authorizing the detachment of property from County Service Area No. 1, and authorizing the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners, subject to the terms discussed herein.
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CEQA Review:
An Initial Study and Negative Declaration were prepared for the proposed project. Initial Study and Negative Declaration No. 2021-49 disclosed that environmental impacts are determined to be not significant. Staff concludes that Initial Study and Negative Declaration No. 2021-49 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level.
Attachments:
1. Resolution No. 2022-38 certifying Initial Study and Negative Declaration No. 2021-49
2. Resolution No. 2022-35 initiating the Proceedings for Annexation No. 2021-03 and Detachment from County Service Area No. 1.
3. Exhibit “A” - Tentative Subdivision Map
4. Exhibit “B” - Annexation Plan and Legal Description
5. Exhibit “C” - Pre-Annexation Agreement
6. Exhibit “D” - Initial Study No. 2021-19
7. Exhibit “E” - May 5, 2022, e-mail from Craig MacDonald
8. Planning Commission Resolution No. 2021-65 recommending initiation of Annexation No. 2021-03
9. Planning Commission Staff Report
10. General Plan Land Use Map
11. Zoning Map
12. Aerial Map
13. Location Map