Agenda Item Wording:
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Landscape & Lighting District Actions - Request authorization to initiate proceedings and order the dissolution of Landscape and Lighting Assessment District No. 07-06 “Parcel Map 0609”; and authorization for the formation, ordering the improvements, and levying the annual assessments for Landscape and Lighting Assessment District No. 23-04 “Renewed Parcel Map 0609” (Resolution Nos. 2024-15, 2024-16, 2024-17 and 2024-18)
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Deadline for Action: 5/6/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Acting City Engineer, lupe.garcia@visalia.city, (559) 713-4197
Jason Huckleberry, Eng & Bldg Director jason.huckleberry@visalia.city, (559) 713-4495
Department Recommendation:
Staff recommends that City Council authorizes to initiate proceedings and order the dissolution of Landscape and Lighting Assessment District (LLD) No. 07-06 “Parcel Map 0609”; and authorize for the formation, ordering the improvements, and levying the annual assessments for Landscape and Lighting Assessment District No. 23-04 “Renewed Parcel Map 0609” (Resolution Nos. 2024-15, 2024-16, 2024-17 and 2024-18)
Background Discussion:
Parcel Map 4869 was approved for recordation in 2007 by City Council, dedicating Lot A through Lot D for landscaping, sidewalk, and maintenance thereof and an Ingress/Egress easement across Parcel 9 for access to the City’s storm basin, commonly referred to as the “Piano Basin”, to the City of Visalia. Lot A through Lot D as well as the ingress/egress easement areas were all to be maintained by Landscape and Lighting Assessment District No. 07-06 “Parcel Map 0609”. At the time the project called for an office development to be built next to a residential development to the east. To the west of the property is a cement batch plant.
The eastern residential portion of the project moved forward but not the proposed office development. In 2020, plans for the development of Visalia RV Storage Park were submitted to the city under Building Permit No. B204641. The proposed development is a 5.7-acre RV storage facility with 157 stalls, a 2.7-acre space designated for a future self-storage facility, and 0.8 acres of land for the development of three single-family residences. The revised development required several modifications to the prior landscape plans.
The development’s Conditional Zoning Agreement (CZA) No. 2019-10, which amended and restated the 2005 Conditional Zoning Agreement, required the RV Storage Park to relocate the existing pedestrian access trail through Lot D of Parcel Map 4869 leading from Elowin Street to the walking path around the City’s storm basin. It also required the City to relocate Lot C to accommodate the three proposed single-family residences (reference the attached “CZA No. 2019-10 Plat”). The ingress/egress easement dedicated with Parcel Map 4869 was also required to be abandoned and a new access point dedicated to the City in order to access the storm basin.
In November 2023, City Council approved the summary vacation and abandonment of Lot C and Lot D based on the required relocation of said Lots. In addition, Council approved the summary vacation of said ingress/egress easement over Parcel 9. Upon the recordation of the summary vacation of Lot C, Lot D, and the ingress/egress easement, Lot Line Adjustments (LLA) NO. 2023-11, 2023-12, 2023-13, and 2023-14 were recorded creating 5 new commercial lots for the proposed RV Storage Park and 3 single-family residential lots conforming to the requirements of the second amended and restated conditional zoning agreement. In addition, new Lots C and D were dedicated to allow the continued connection to the basin and to meet the City’s trailway system requirements.
To meet the conditions of the second amended and restated conditional zoning agreement, the existing Landscape and Lighting Assessment District No. 07-06 “Parcel Map 0609” must be dissolved and a new Landscape and Lighting Assessment District (District No. 23-04) is being formed to reflect the new dedicated Lots created by the Lot Line Adjustments and separate grant deeds.
The lots within Landscape and Lighting District No. 23-04 will be assessed based on their size proportion with respect to the overall development area. The RV lots make up 90.96% of the assessment area and the residential lots are the remaining 9.04%. Therefore, the RV and residential areas will contribute 90.96% and 9.04% of the annual assessment respectively. The RV development is made up of 5 lots that will contribute $4,429.41 each. The residential development is made up of 3 single family lots that will contribute $733.69 each.
The City of Visalia has been allowing developers to form assessment districts under the Landscape and Lighting Act of 1972 for the maintenance of common features such as landscaping, irrigation systems, streetlights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.
The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.
The City’s Landscape and Lighting District Committee has reviewed and adopted the unit fees used for the assessment as shown in the Engineers report and as included with Landscape and Lighting District 23-04. All new landscaping installed within the Lots for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plant and tree species, and by limiting the portion of landscape that can be covered in turf.
Fiscal Impact:
Eight (8) lots will contribute to Landscape and Lighting Assessments District No. 23-04 created for the maintenance of common features related to this development (i.e., Renewed Parcel Map 0609). These common features include, but are not limited to trail lighting, landscaping and irrigation. The annual assessment for each RV lot is $4,429.41 and each residential lot is $733.69.
Prior Council Action:
• On November 6th, Council approved the vacation of Lot C, Lot D and the abandonment of the ingress/egress (state the same)
• On December 16, 2019 Council approved the second amendment to Conditional Zoning Agreement 2005-02, Conditional Zoning Agreement 2019-10
• On May 7, 2007 Council approved for recordation Parcel Map 4869
• On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions
Other:
• On October 28, 2019 Planning Commission approved the Second Amendment to Conditional Zoning Agreement 2005-02
• On June 26, 2006 Planning Commission approved Tentative Parcel Map 2006-09 (Parcel Map 4869)
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize to initiate proceedings and order the dissolution of Landscape and Lighting Assessment District (LLD) No. 07-06 “Parcel Map 0609”; and authorization for the formation, ordering the improvements, and levying the annual assessments for Landscape and Lighting Assessment District No. 23-04 “Renewed Parcel Map 0609” (Resolution Nos. 2024-15 , 2024-16, 202417 and 2024-18) end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1. Resolution 24-15 Initiating Proceedings to Dissolve Assessment District No. 07-06
2. Resolution 24-16 Ordering the Dissolution of Assessment District No. 07-06
3. Resolution 24-17 Initiating Proceedings for Assessment District No. 23-04
4. Resolution 24-18 Ordering the Improvements for Assessment District No. 23-04
5. Aerial Map
6. Location Map
7. Final Map
8. Development Disclosure