Agenda Item Wording:
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Elliott Subdivision Appeal and Annexation - A public hearing and consideration of the following actions:
1. Appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597, a request by San Joaquin Valley Homes to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park, to be located within the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008) (Resolution No. 2024-49 required); and
2. Adopt Initial Study / Mitigated Negative Declaration No. 2024-05 for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 (Resolution No. 2024-47 required); and
3. Initiation of Proceedings for Annexation No. 2024-01, a request by San Joaquin Valley Homes to annex two parcels totaling approximately 59.13-acres into the City Limits of Visalia. Upon annexation the area would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area), which is consistent with the General Plan Land Use Designation of Residential Low Density. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008) (Resolution No. 2024-48 required); and
4. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and
5. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement.
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Deadline for Action: 9/16/2024
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, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council receive the staff report, staff presentation, hold a public hearing, and take the following actions related to the appeal of the Elliott tentative subdivision map and the request to initiate annexation proceedings as follows:
1. Adopt Resolution No. 2024-49, denying the appeal and upholding the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597; and
2. Adopt Initial Study / Mitigated Negative Declaration No. 2024-05 for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 (Resolution No. 2024-47); and
3. Initiate proceedings on Annexation No. 2024-01 with the Tulare County Local Agency Formation Commission (LAFCO) (Resolution No. 2024-48); and
4. Authorize the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and
5. 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 applicant, San Joaquin Valley Homes (SJVH), filed Annexation No. 2024-01 and the Elliott Tentative Subdivision Map No. 5597. These associated projects were submitted to facilitate the annexation of 59.13-acres of property into the City limits of Visalia, for the development of a 225-lot single-family residential subdivision, with a 4.15-acre neighborhood park. A full description of the annexation and subdivision request is provided in the “Project Overview” section of this staff report.
Both project entitlements were heard by the Visalia Planning Commission at public hearings on July 22, 2024, and August 12, 2024. The Planning Commission approved the subdivision request and recommended approval of the annexation to the Visalia City Council.
Staff noticed the annexation in the Visalia Times-Delta newspaper for a public hearing before the City Council on September 3, 2024. The public hearing notice was published August 22, 2024. However, on August 21, 2024, the City Clerk received an appeal of the Planning Commission’s approval of the subdivision, citing public safety concerns. Due to the timing of the appeal filing, the annexation item was withdrawn from the September 3, 2024, City Council meeting and rescheduled for September 16, 2024. Detail on the appeal of the subdivision approval is provided below.
Appeal:
On August 21, 2024, the City Clerk received an appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597. The appeal was filed by the owners of six properties within the Savannha Heights subdivision, located directly south of the project site. The crux of the appeal is as follows:
• “The appeal is made by all six of the landowners in Savannha Heights that are to the south border of Map 5597. Each owner has approximately 5 ft width of property along a corridor of approximately 1200 feet total that will be in “No Mans Land” given the approval of Map 5597…The approval of Map 5597 by the Visalia Planning Commission does not adequately address the safety concerns now created since there will be a new wall or fence put up by the new development approximately 5 feet north of the current wall. Thus, a very long corridor of No Mans Land is created.”
The full text of the appeal is included in Attachment 1. Background pertinent to the appeal request (specifically the five-foot width of property described as a “No Mans Land”) is included in the “Planning Commission Review and Action” section of this report.
Planning Commission Review and Action:
July 22, 2024, Planning Commission Hearing
The Planning Commission conducted a public hearing on July 22, 2024, for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597. After receiving the staff presentation and public testimony from the applicant and neighboring property owners, the Planning Commission continued the item to the August 12, 2024, meeting. The decision to continue the item was due to information provided during the public hearing from property owners within the Savannah Heights subdivision to the south. The property owners raised concerns about what would occur to a five-foot-wide strip of land under their ownership which is located on the northside of the existing block wall and the Elliott Subdivision site. The five-foot strip affects six properties in the Savannah Heights subdivision. The property owners raised concerns that development of the Elliott Subdivision could infringe on their property and requested clarification on how the “5 foot wide by 1,197 foot long” strip of land under their ownership would be maintained and protected from possible trespassing.
The Planning Commission directed staff to conduct research on the Savannah Heights subdivision to determine how the five-foot block wall offset from property line came to be and directed the project applicant (SJVH) to reach out to affected property owners to devise potential solutions to address their concerns.
August 12, 2024, Planning Commission Hearing
On August 12, 2024, the Planning Commission reintroduced the continued item for public discussion. Staff presented findings describing how the five-foot offset came to be and provided an overview of outreach efforts by SJVH to the affected Savannah Heights property owners. Staff findings and SJVH outreach efforts shared at the August 12, 2024, meeting is summarized below.
Savannah Heights Subdivision Map:
On April 12, 1993, the Visalia Planning Commission approved the Savannah Heights Tentative Subdivision Map and Conditional Use Permit No. 1993-10. These projects were a request to develop a 53-lot single-family residential subdivision at a density of two dwelling units per acre in the former R-A (Rural Agricultural) zone. The Savannah Heights subdivision is located north of West Walnut Avenue, between South Shirk Street and South Roeben Street, just south of the proposed Elliott Subdivision. As part of the analysis for the Savannah Heights project, concerns were noted about potential impacts from the property to the north (i.e. the future Elliott Subdivision site), as it was in agricultural production at the time. To mitigate impacts from farming operations on the future Savannah Heights residential development, three conditions of approval were applied to create a buffer between the residential and agricultural uses. The conditions were as follows:
• Application of a 50-foot-wide non-habitable rear setback area along the northern portion of the six lots adjacent to the agricultural parcel to the north. This condition was met.
• Installation of a 6-foot, 8-inch-tall block wall along the northern edge of the six lots adjacent to the agricultural parcel to the north, setback five feet south of the northern property boundary “…to provide turning areas for farm equipment,” and planting of a tree row inside the wall. The report notes that this wall “…would be maintained by the individual homeowners.” This condition was met.
• Attachment of a “Right to Farm” notice to the Final Subdivision Map and property deeds. This condition was met.
Please note that staff could not find any information on how the agricultural buffer measures originated, nor what would occur to the block wall and 5-foot “buffer area” upon development of the Elliott subdivision property.
Meeting Between SJVH and Savannah Heights Property Owners:
On July 26, 2024, San Joaquin Valley Homes (SJVH) staff hand delivered letters to the property owners of the six Savannah Heights properties affected by the five-foot buffer area. The letter (Attachment 2) invited the property owners to an onsite meeting on July 30, 2024, to discuss options formulated by SJVH to address the issue. SJVH staff proposed two possible solutions, listed below as follows:
• Facilitation of a Lot Line Adjustment (LLA) by SJVH to move the property line to match the existing wall, incorporating the five-foot area from each affected parcel into the Elliott Subdivision project site. Fees associated with the LLA (estimated by SJVH at $20,000) would be paid by SJVH and would go towards preparation and recordation of the LLAs; or
• Construction of a new 6-foot, 8-inch-tall block wall along the property line shared between the Elliott Subdivision site and the six Savannah Heights lots, with construction costs to be shared by all parties involved. Costs for removal of the existing block wall would be at the expense of the Savannah Heights property owners. Based on current estimates provided by SJVH, the cost of constructing a block wall would be approximately $100 per linear foot. With each site containing an approximately 200-foot-long rear property boundary, the total cost per parcel would be approximately $20,000. SJVH offered to provide the Savannah Heights homeowners with two bids for construction of the wall, after which SJVH would collect $10,000 from each property owner for the wall’s construction. SJVH would provide Savannah Heights homeowners up to six months to pay the $10,000 amount to SJVH.
SJVH provided a block wall cost breakdown for each of the six lots as noted in the table below:
|
Savannah Heights Property Owner |
Wall Length (LF) |
Cost ($/LF) |
Total Cost |
Proposed Owner Share |
SJVH Cost |
|
Tenn |
245 |
110 |
$26,950 |
$10,000 |
$16,950 |
|
Schouten |
197 |
110 |
$21,670 |
$10,000 |
$11,670 |
|
Swanson |
189 |
110 |
$20,790 |
$10,000 |
$10,790 |
|
Baldwin |
189 |
110 |
$20,790 |
$10,000 |
$10,790 |
|
Jongsma |
196 |
110 |
$21,560 |
$10,000 |
$11,560 |
|
Brown |
185 |
110 |
$20,350 |
$10,000 |
$10,350 |
Both options provided by SJVH required unified cooperation from all six affected property owners in order to create an orderly shared boundary. Per the information provided by SJVH staff, five out of the six affected property owners attended the meeting. Responses to the proffered solutions from SJVH were mixed, with a majority of the attendees requesting SJVH be solely responsible for the full cost to construct a new block wall on the shared property boundary. SJVH noted that the cost to construct a new block wall would be approximately $132,110, and that requiring SJVH to pay the full amount on its own would pose an unreasonable burden to development of the subdivision. Staff also noted that a block wall is not required between single-family residential developments under State and City Code.
Decision of the Planning Commission
At the August 12, 2024, Planning Commission meeting, staff stated that SJVH appeared to have made a good faith effort to find a solution to remove the five-foot strip of land, but unable to forge a consensus amongst the affected property owners. Staff further noted the following conclusions:
• Neither SJVH nor the City can compel the affected Savannah Heights property owners to cooperate with the applicant.
• The City cannot legally require SJVH to acquire properties it does not own in order to facilitate removal of the five-foot strip of property, especially when the property owners do not wish to participate.
• There is no codified development standard within the Visalia Municipal Code that requires a block wall to be constructed between R-1-5 zoned sites.
• Research into the Savannah Heights subdivision determined that no remedy was ever provided to remove the five-foot offset once a non-agricultural land use was established on the Elliott subdivision parcel.
At the conclusion of public testimony, the Planning Commission acknowledged the efforts made by all parties to try resolve the issue and found that the project still complied with the City’s General Plan, Housing Element, Housing Accountability Act, Zoning, and Subdivision Ordinances. Based on that information, the Planning Commission approved Elliott Tentative Subdivision Map No. 5597, and recommended that the City Council approve Annexation No. 2024-01. Both actions were approved by 5-0 votes. The Planning Commission staff report is included as Attachment 8 of this report.
Project Overview:
Elliott Tentative Subdivision Map No. 5597
The Elliott Tentative Subdivision Map (see Attachment 4) will subdivide 59.13-acres into a 225-lot single-family residential subdivision, developed in two phases. The subdivision map covers the entirety of the area being annexed under Annexation No. 2024-01. The development 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 and water).
Primary access to Phase I of the subdivision will initially be from South Roeben Avenue and West Tulare Avenue, which will connect to South Shirk Street to the west. Upon completion of Phase 2 a second permanent access will be provided along South Shirk Street and a second access will be provided along West Tulare Avenue. Improvements along these major streets include construction of curb, gutter, sidewalks, block walls (where lots do not front onto major roadways), installation of park strip landscaping, streetlights, sanitary sewer, and undergrounding of utility lines.
The proposed lots will conform to the zoning standards required within the R-1-5 zoning district for lot sizes of 5,000 square feet or greater. The development of the single-family residential lots will conform to the setbacks prescribed by the R-1-5 zoning district. The subdivision map will create five lettered outlots to be dedicated to the City of Visalia. The outlots will function as landscaping lots with block walls (Outlots A through D) and a 4.15-acre neighborhood park (Outlot E). The outlots account for approximately 4.8 acres of the total 59.13-acre development.
Per the developer, the subdivision will consist of a mix of single and two-story homes, ranging in size from 1,735 square feet to 2,855 square feet. Lots will average 8,082 square feet, ranging in size from 6,376 square feet to 12,774 square feet.
The entire project site is currently undeveloped, containing a corn field, a Valley Oak tree grove, and the Persian Ditch. The parcel is surrounded by the Savannah Heights subdivision to the south, the Copper Creek subdivision to the east, and agricultural uses to the north and west. The project site, and areas to the north, south, and west are currently outside City Limits and under the jurisdiction of the County of Tulare.
Annexation No. 2024-01:
The annexation (see Attachment 5) is a request to annex 59.13-acres of land containing a General Plan land use designation of Residential Low Density to facilitate development of the Elliott Tentative Subdivision Map. The project was conditionally approved by the Planning Commission on August 12, 2024. Upon annexation, the project site will be zoned R-1-5 (Single Family Residential, 5,000 square foot minimum), consistent with the applicable land use designation for the site. Annexation No. 2024-01 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 that allows and directs development to occur in the City’s Tier II Urban Development Boundary (UDB).
The Annexation is supported on the basis that the proposed use is consistent with Visalia General Plan Land Use Element Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary when it is consistent with the City’s Land Use Diagram. The site will have access to requisite utility and infrastructure services, which will be readily available for connection upon development of the project. Cities have the authority to approve tentative map proposals prior to final approval of an annexation by LAFCO. However, “final maps” for such applications cannot be approved until after an annexation is completed and recorded through 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 shall be provided prior to issuance of any residential building permit for the project site.
• 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 master planned trunk line within South Shirk Street. The sewer lines will be sized 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. A sewer analysis, which is included in the attached Initial Study / Mitigated Negative Declaration (Attachment 7), has been prepared for the site. After a thorough review of the analysis by the City of Visalia Public Works Department, it has been determined that the Wastewater Treatment Facility possesses the capacity to effectively accommodate this development.
• Storm Drainage: Phase 1 of the subdivision will incorporate a temporary stormwater basin over Lots 37 through 43, and Lots 186 and 187. Per Engineering Division’s Site Plan Review comments, the temporary basin shall be maintained onsite until the completion of a future regional stormwater basin for the entire future growth area. Compliance with this requirement is enforced via Elliott Tentative Subdivision Map conditions of approval.
• Canal/Park: The Persian Ditch bisects Outlot E, which is planned for a 4.15-acre neighborhood park. As part of the development, the applicant proposes installation of 12- foot-wide access roads along both sides of the Persian Ditch, with 6-foot-tall chain link fencing with privacy slats added to prevent access. Site Plan Review comments from the Engineering Division note that access roads for the ditch shall be a minimum 15 feet wide. A condition of approval was applied to the tentative subdivision map requiring the applicant to coordinate with the Persian Ditch Company and comply with any requirements to conduct the proposed improvements.
o In addition to the above, Site Plan Review comments from the Engineering Division indicate that the widening of South Roeben Street will necessitate culvert improvements to the Persian Ditch, where it intersects with South Roeben Street. Improvements shall include installation of a culvert crossing, headwall relocation, sidewalk, access drive approaches for maintenance, fencing, and gates. This requirement was also included as a condition of approval of the approved subdivision map.
The full complement of city services and programs, including Police and Fire protection, public parks usage, and Solid Waste collection, will also be provided to the project site and its future occupants 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 Attachment 6 in the staff report.
City Council Districts:
If the annexation area is approved, the parcel will be annexed into Voting District 3, as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11.
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 residential development policies within the Land Use Element of the General Plan, as it will facilitate a new residential neighborhood that will complement existing residential development to the south and east. Specifically, 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. The subdivision is further consistent with General Plan Land Use Policy LU-P-55, which allows for “…single-family subdivisions” consistent with the Low-Density Residential designation at a density range between 2 to 10 dwelling units per gross acre. The Elliott subdivision will develop the site at a density of 3.8 units per acre, which is consistent with the density range as noted above.
Furthermore, the subdivision’s design and lot pattern are consistent with the site’s Residential Low Density land use designation. Compatibility with the surrounding area is required by the General Plan in the decision to approve the proposed subdivision. The proposed subdivision meets all codified standards contained in the Zoning and Subdivision Ordinances.
Traffic Circulation and Street Improvements:
The developer of the subdivision will be required to construct major street improvements along South Roeben Street, West Tulare Avenue, and South Shirk Street. Improvements along the subdivision frontage for these major streets include widening of Roeben, Tulare, and Shirk to their ultimate right-of-way design, and extension of Tulare further westward. Improvements to be conducted are as follows:
• 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 travel lanes with full frontage improvements.
• West Tulare Avenue: Is a designated 84-foot-wide collector roadway that will require a 42-foot dedication of the street. Construction will occur along the northern boundary of the project site to accommodate two travel lanes and frontage improvements on the development side. Tulare Avenue will provide a connection between South Shirk Street to Street 6 (Note: Street 6 is a temporary street name employed in Attachment 4). Please note, the off-site connection of Tulare Avenue to South Roeben Street shall not occur with this project. There is a 19-acre parcel adjacent to the project to the east. When this 19-acre parcel is proposed for residential development, the completion of the Tulare Avenue alignment between Roeben and Street 6 will occur.
• South Shirk Street: Is a designated 110-foot-wide arterial roadway. The project will require an additional dedication of right of way to allow for the widening of Shirk Street up to a total of 55 feet 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. 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 new utilities that will service the residential subdivision will be placed underground, except for the large Southern California Edison distribution/transmission power poles along the South Shirk Street alignment that are within the boundaries of the project site. These poles are required to be relocated by the developer.
Local street improvements will also be conducted, as follows:
• Local Streets: All local streets will be developed per the City’s 60-foot-wide local street standard, except for the northern 600 feet of Street 6, which is proposed for a width of approximately 30 feet due to its location adjacent to a separate parcel. Per the Engineering Division Site Plan Review comments, the width of Street 6 must be a minimum 60 feet. Therefore, a condition of approval was applied to the subdivision map requiring compliance with all standards of the Engineering and Traffic Engineering Division, in particular as it relates to the width of Street 6. With the inclusion of the condition, the proposed local streets shall provide adequate access to Roeben Street, Tulare Avenue, and Shirk Street and will serve to improve circulation for the general area.
Traffic Impact Analysis:
A Traffic Impact Analysis (TIA) was prepared for the proposed project (ref.: Traffic Study: Elliott Tentative Subdivision. Ruettgers & Schuler Civil Engineers, December 2023, Updated June 2024). The purpose of the study is to analyze traffic conditions and operational issues related to the development of the subdivision and its projected level of service (LOS) at opening year and the five-year horizon, and to analyze the corresponding environmental impact as required by the California Environmental Quality Act (CEQA). The TIA analyzed existing and proposed intersections within a half-mile radius of the project site.
The TIA determined that the proposed project would cause unacceptable LOS at three separate intersections by 2033:
• Shirk Street and State Route 198, westbound ramps;
• Shirk Street and State Route 198, eastbound ramps; and
• Shirk Street and Walnut Avenue.
The subdivision project will pay its fair share of traffic impact fees to support payment of the traffic signals at the three identified intersections. This is a required mitigation measure as stated in Mitigated Negative Declaration No. 2024-05 (see Attachment 7).
Please note, improvements to the cited intersections in the TIA are part of the City’s Capital Improvement Program (CIP). The CIP is a plan that identifies and funds improvements of significant city infrastructure and facilities. Improvements to the Shirk Street and State Route 198 signals are identified within the “Shirk Street & SR 198 Operational Improvements” CIP. This CIP will signalize both the west and eastbound on/off ramps at the State Route 198 and Shirk Street interchange. Funding for the complete project is expected to be received by the end of this year with construction projected to begin by the Fall of 2025. Improvements to the Shirk Street and Walnut Avenue signal are identified in the “Shirk St & Walnut Ave Traffic Signal” project, which will be funded through multiple CIPs as the project is intended to improve additional infrastructure outside of the street intersection. This project is estimated to begin construction in January 2026.
A summary of the TIA is provided in the attached Planning Commission staff report (see Attachment 8).
Agricultural Preservation Ordinance Requirements:
The 59.13-acre project site is in the City’s Tier II urban development boundary and is designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program. As a result, development of this site is subject to the City’s Agricultural Preservation Ordinance (APO), which addresses the conversion of prime farmland and farmland of statewide importance, in compliance with Visalia General Plan Land Use Policy LU-P-34. The applicant will be required to participate in the APO’s agricultural land preservation program, which preserves agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee. Compliance with the APO is achieved when either the approved agricultural conservation easement has been recorded or the applicant has remitted the approved in-lieu fee to the qualified entity. The preserved land obligation shall be satisfied prior to issuance of any permit directly authorizing or resulting in disturbance to the project site.
Landscape and Lighting Assessment District - Block Walls:
A Landscaping and Lighting District (LLD) will be required for the long-term maintenance of the subdivision out lots, which include blocks walls, streetlights, and landscaping amenities. The block walls along the major street frontages will be typical City standard block walls. These walls shall also be maintained by the Lighting and Landscape District
During Planning Commission review of the proposal, Staff noted that Lot 1 of the Elliott subdivision and three residential lots to the south abut the proposed 4.15-acre neighborhood park (Outlot E). In order to prevent impacts from usage of the park on the existing and future residences, staff recommended the inclusion of Elliott Tentative Subdivision Map No. 5597, Condition No. 9, stating the following:
• That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lots 44 and 45 (1617 and 1618 South Jacques Court), and 1627 South Roeben Street (APN: 087-442-040). For Elliott Subdivision Lot 1, the block wall shall transition to a three-foot-tall block wall within the 15-foot front yard setback area. The walls shall also be maintained by the Lighting and Landscape District for the Elliott Tentative Subdivision Map No. 5597.
However, upon further review, staff notes that Lot 45 of the Savannah Heights Unit 3 Subdivision (1617 South Jacques Court) will not abut the neighborhood park parcel. As such staff recommends that the City Council, as part of its decision on the annexation and appeal request, approve a revision to Elliott Tentative Subdivision Map No. 5597, Condition No. 9, removing mention of Savannah Heights Lot 45.
Public Comment:
A public comment letter was received from Jim and Carmen Martinez, owners of the property at 1548 South Shirk Road, immediately southwest of the project site and within Tulare County jurisdiction. The owners submitted a series of letters (see Attachment 3) stating opposition to the project due to the following concerns:
• That the project would infringe on a prescriptive easement that permits the Martinez’s fence, which has been in the same location for many years, to encroach into the Elliott Subdivision site.
• That the project will increase traffic volumes on adjacent streets to unsafe levels.
• That the project will harm existing habitats for wildlife residing in the area.
The Martinez’s also request that if the project is to move forward, the City Council should require the developer to construct only single-story homes along the southern border of the Elliott Subdivision site, to preserve the privacy of property owners to the south.
Staff notes that both a TIA and Biological Study have been conducted by the applicant as part of this project, and are included in the Initial Study / Mitigated Negative Declaration. Mitigation measures identified in the studies have been incorporated into the project via conditions of approval and are considered adequate to address any potential impacts to traffic and wildlife. Specifically, impacts to traffic will be alleviated through the payment of fees for the future signalization of affected street intersections. Animals noted in the comment letter were not identified in the Biological Study as species that appear on any threatened or endangered listing.
The issues related to fencing and prescriptive easements constitute a civil matter that must be addressed by the parties involved. Application of conditions by staff to resolve the matter would be outside of the City’s purview. Lastly, staff notes that if the project is approved, the property would be assigned a zoning of R-1-5 (Single Family Residential, 5,000 square foot minimum site area), which permits two story (35 feet) residences “by- right”. A limitation to building heights would represent an undue restriction on rights normally afforded to developers of R-1-5 properties.
No other public comment has been received as of the publication of this report.
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.
Recommended Motion:
recommendation
I move to deny the appeal and uphold the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597 per Resolution No. 2024-49; and
I move to approve Resolution No. 2024-47, adopting Initial Study / Mitigated Negative Declaration No. 2024-05; and
I move to approve Resolution No. 2024-48, to initiate proceedings for Annexation No. 2024-01, 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.
end
Alternative Motions:
The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:
1. Deny the annexation and uphold the appeal, overturning the decision of the Planning Commission to approve Elliott Tentative Subdivision Map No. 5597. City Council “findings” will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; 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 (see Attachment 7) were prepared for the proposed project. Initial Study and Mitigated Negative Declaration No. 2024-05 (State Clearinghouse No. 2024051257) 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 Transportation to reduce impacts to traffic and circulation.
• Four (4) mitigation measures pertaining to Biological Resources to reduce impacts to special-status wildlife species.
• Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts on the potential of exposing historical or archaeological materials during construction.
• Three (3) mitigation measures pertaining to Hydrology and Water Quality to address impacts to surface and groundwater resources.
A 20-day review and comment period through the State Clearinghouse for the Initial Study began on June 27, 2024, and ended on July 17, 2024. Mitigation measures were incorporated as conditions of approval of the Subdivision Map.
The City of Visalia also received two comment letters in response to the Initial Study / Mitigated Negative Declaration from Caltrans and the Department of Toxic Substances Control (DTSC). Both letters are included with the Initial Study / Mitigated Negative Declaration. Comments from Caltrans have been adequately addressed in the Traffic Impact Analysis. To address the comments raised in DTSC’s letter, conditions of approval were recommended for incorporation in Elliott Tentative Subdivision Map No. 5597 as follows:
a. That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).
Based on the letter and the inclusion of the additional project conditions as noted above, the City concludes that the findings and conclusions of the Initial Study / Mitigated Negative Declaration are still applicable. No other formal comments were received as of the publication of this report.
Attachments:
1. Resolution No. 2024-49, denying the appeal and upholding Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597.
2. Resolution No. 2024-47 certifying Initial Study and Mitigated Negative Declaration No. 2024-05.
3. Resolution No. 2024-48 initiating the Proceedings for Annexation No. 2024-01 and Detachment from County Service Area No. 1.
4. Attachment 1 - Appeal of Planning Commission Action, August 21, 2024
5. Attachment 2 - July 26, 2024, Letter from San Joaquin Valley Homes to Savannah Heights Property Owners
6. Attachment 3 - Public Comment from Jim and Carmen Martinez
7. Attachment 4 - Elliott Tentative Subdivision Map No. 5597
8. Attachment 5 - Annexation Map and Legal Description
9. Attachment 6 - Pre-Annexation Agreement
10. Attachment 7 - Initial Study and Mitigated Negative Declaration No. 2024-05
11. Attachment 8 - August 12, 2024, Planning Commission Staff Report
12. General Plan Map
13. Zoning Map
14. Aerial Map
15. Vicinity Map
16. PowerPoint Presentation