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File #: 23-0461    Version: 1
Type: Regular Item Status: Agenda Ready
File created: 11/15/2023 In control: Visalia City Council
On agenda: 12/18/2023 Final action:
Title: Belissa Subdivision Annexation - Public hearing and consideration of the following actions: 1. Adopt Initial Study / Mitigated Negative Declaration No. 2022-39 for Annexation No. 2022-02, Belissa Tentative Subdivision Map No. 5587, Conditional Use Permit No. 2022-05, and Conditional Use Permit No. 2023-22 (Resolution No. 2023-62 required); and 2. Initiation of Proceedings for Annexation No. 2022-02, a request by 4Creeks, Inc. to annex two parcels totaling approximately 59.84 acres into the City Limits of Visalia, located at the northwest corner of North Demaree Street and West Pratt Avenue within the jurisdiction of the County of Tulare (APN: 077-050-018, 019) (Resolution No. 2023-63 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.
Attachments: 1. Resolution No. 2023-59 certifying Initial Study and Mitigated Negative Declaration No. 2022-39, 2. Resolution No. 2023-60 initiating the Proceedings for Annexation No. 2022-02 and Detachment from County Service Area No..pdf, 3. Exhibit “A” – Belissa Tentative Subdivision Map No. 5587, 4. Exhibit “B” – Multifamily Development Plan, 5. Exhibit “C” – Annexation Plan and Legal Description, 6. Exhibit “D” – Pre-Annexation Agreement, 7. Exhibit “E” – Initial Study / Mitigated Negative Declaration No. 2022-39, 8. Exhibit “F” – Planning Commission Resolution No. 2022-14 recommending initiation of Annexation No. 2022-02, 9. Exhibit “G” – November 13, 2023, Planning Commission Staff Report, 10. General Plan Land Use Map, 11. Zoning Map, 12. Aerial Map, 13. Location Map, 14. Annexation No. 2022-02 - Belissa Project - CC Powerpoint - 12.18.2023.pdf

Agenda Item Wording:

title

Belissa Subdivision Annexation - Public hearing and consideration of the following actions:

1.                     Adopt Initial Study / Mitigated Negative Declaration No. 2022-39 for Annexation No. 2022-02, Belissa Tentative Subdivision Map No. 5587, Conditional Use Permit No. 2022-05, and Conditional Use Permit No. 2023-22 (Resolution No. 2023-62 required); and

2.                     Initiation of Proceedings for Annexation No. 2022-02, a request by 4Creeks, Inc. to annex two parcels totaling approximately 59.84 acres into the City Limits of Visalia, located at the northwest corner of North Demaree Street and West Pratt Avenue within the jurisdiction of the County of Tulare (APN: 077-050-018, 019) (Resolution No. 2023-63 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:  12/18/2023

 

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. 2022-39 for Annexation No. 2022-02, Belissa Tentative Subdivision Map No. 5587, Conditional Use Permit No. 2022-05, and Conditional Use Permit No. 2023-22 (Resolution No. 2023-62); and

2.                     Initiate proceedings on Annexation No. 2022-02 with the Tulare County Local Agency Formation Commission (LAFCO) (Resolution No. 2023-63); 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. 2022-02 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 59.84-acre parcel of land containing General Plan land use designations of Residential Low Density, Residential Medium Density, Residential High Density, and Commercial Neighborhood, all to facilitate development of the Belissa Tentative Subdivision Map and a 168-unit multifamily residential development. The project was conditionally approved by the Planning Commission on November 13, 2023 (see Exhibits “F” and “G”). Upon annexation, the project site will be zoned R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), R-M-2 (Multi-Family Residential, 3,000 sq. ft minimum site area per dwelling), R-M-3 (Multi-Family Residential, 1,200 sq. ft. minimum site area per dwelling), and C-N (Commercial Neighborhood), consistent with the applicable land use designations for the site. The annexation and accompanying development request was submitted by residential developer WCP Developers, LLC (i.e. Wathen Castanos).

The Belissa Tentative Subdivision Map will subdivide the 59.84-acre parcel into a 309-lot single-family residential subdivision, with a 7.6-acre lot for a 168-unit multi-family complex and a 7.51-acre parcel for future commercial development. The subdivision will primarily contain reduced size lots, with reduced setbacks and standard public streets with modified curvilinear knuckles. Additional amenities will include landscape outlots, 11 outlots for park/open space use, and a walking trail along the existing Modoc Ditch. Outlots will be maintained by a Landscape and Lighting District (LLD).

Subdivision/Multifamily Development Information:

Subdivision

The annexation will facilitate the development of the Belissa Tentative Subdivision Map, a 309-lot single-family residential subdivision, and a 168-unit multi-family complex. The development will occur over five phases, with single-family residential development occurring in Phases 1 through 3, and the multi-family development occurring in Phase 4.

For the 309-lot subdivision (see Exhibit “A”), the developer has identified that 159 single-family lots will be developed within the Low-Density Residential/R-1-5 portion of the subdivision, at a density of 5.7 dwelling units per acre. Lots within this portion of the development will be under the minimum lot size for the R-1-5 Zone, averaging 4,186 square feet, and ranging in size from 2,680 square feet to 7,736 square feet. Approximately 96% of the R-1-5 lots will be less than the zones minimum lot size. The remaining 150 single-family lots will be located within the Medium-Density Residential/R-M-2 portion of the subdivision and will be at a density of 10 dwelling units per acre. Lots within this portion of the development will average 3,199 square feet, ranging in size from 2,678 square feet to 8,373 square feet. Approximately 80% of the R-M-2 lots will be less than the zones minimum lot size.

 

In addition to the reduced size lots, the development will contain reduced setbacks and standard public streets with modified curvilinear knuckles. These deviations from Visalia Municipal Code development standards where approved via a request for a Planned Residential Development (Conditional Use Permit No. 2022-05) that was filed along with the annexation and tentative subdivision map. The deviations allow for the inclusion of additional onsite amenities such as landscape outlots, a walking trail along the existing Modoc Ditch, and 11 outlots for park/open space use located throughout the subdivision. The parks average 0.21 acres in size and range from 0.03 acres to 0.68 acres. Parks would contain a mix of additional amenities, including playgrounds, benches, half-basketball courts, picnic-table areas, pedestrian loops, pet stations, and open space lawns. Outlots will be maintained by a Landscape and Lighting District (LLD).

Within the subdivision, the development will be serviced by 60-foot-wide local streets with City standard curb and gutter, and modified knuckles in the R-M-2 portion of the subdivision. Additional improvements include streetlights, sewer lines, storm drainage, and public infrastructure such as electricity, gas, and water. Additional public street improvements will be conducted to major streets bordering the project site, namely North Linwood Street, North Demaree Street, and West Riverway Avenue. Areas of West Shannon Parkway Way and North Linwood Street adjacent to the project site will not be improved until such time as Phase 5 is developed. Improvements along Demaree, Riverway, and Linwood will 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 Modoc Ditch, which traverses the middle portion of the project site. Improvements will include the widening of existing service roads to 15 feet on each side.

The subdivision map will create 16 lettered outlots to be maintained by the LLD. The outlots will provide a variety of functions, including use as a trail pathway, landscaping lots with block walls, canal with maintenance roads, and pocket parks. The outlots account for approximately 3.66 acres of the total 59.84-acre development. 

Multifamily Development

Construction of a 168-unit multi-family complex is also proposed with this development (see Exhibit “B”), to be located on a 7.51-acre parcel within the R-M-3 zoned area of the overall project site. The complex will be located at the northwest corner of the project site, abutting single family residences to the east, and future commercial development to the south. The project density of the multi-family complex is 22 units per acre.

The multi-family development will consist of fourteen 12-plex residential buildings and a centrally located club house. The residential buildings will be three-stories tall and feature minimal mission style architectural elements. Units will range in size from 793 square foot one bed / one bath dwellings to 1,212 square foot two bed / two bath dwellings, with an individual garage provided for each unit. A total of 274 parking spaces will be provided, 168 of which will be covered garages. The development will also include amenities such as a swimming pool, fitness room, dedicated open space areas, and pedestrian connectivity to the pocket parks within the main Belissa subdivision and future commercial uses to the south.

The tentative subdivision map, planned residential development, and conditional use permit for the multi-family development were all approved by the Planning Commission along with the annexation recommendation on November 13, 2023.

Annexation Information:

The project proponents have filed an application to initiate the annexation of the 59.84-acre project site into the Visalia City Limits (see Exhibit “C”). Annexation is required for the City to apply its land use jurisdictional rules and regulations. 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 a local agency formation commission (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 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: The subdivision will incorporate a temporary stormwater basin on the remainder parcel located at the southwest corner of the overall project site. The subdivision map in Exhibit “A” notes that Outlot P, which provides pedestrian access from the subdivision to the remainder parcel, may be employed to provide a storm drain connection to the temporary stormwater basin. Storm water and storm drainage facilities, and any necessary changes thereof, will be facilitated between the applicant and City during civil design to ensure compliance with the City storm drain master plan (currently in draft form).

                     Canal: The existing Modic Ditch runs along the eastern portion of the project site. Outlots Q and R (29,138 square feet and 23,116 square feet, respectively) will serve as lots to contain the canal. The lots will be approximately 50 feet wide to accommodate the placement of 15 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, development of local roadways for the Belissa Subdivision will necessitate the installation of a culvert crossing for the Modoc Ditch. Installation of the culvert crossing will require coordination between the City, Modoc Ditch Company, and developer.

                     Pocket Parks: Approximately 2.2 acres of the project site will be devoted to pocket parks, to be located throughout the proposed subdivision. The parks are intended to provide open space amenities to residents of the small lot subdivision. The park will contain several amenities for private use by residents including trails, play equipment, basketball courts, picnic areas, and open space lawns.

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 “D” in the staff report.

City Council Districts:

If the annexation area is approved, the parcel will be annexed into Voting District 1 per the Council Election Voting District Map.

 

General Plan Consistency

The project is consistent with multiple General Plan land use policies, listed below as follows:

                     Land Use Element Policy LU-P-21 (Annexations): The policy 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 south 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 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.

                     Land Use Element Policy LU-P-55 (Low Density Residential): The policy allows for residential development consistent with the Low-Density Residential designation at a density range between 2 to 10 dwelling units per gross acre. The proposed development within the Low-Density Residential portion of the project site will be developed at a residential density of 5.7 units per acre, consistent with the General Plan land use designation and R-1-5 zoning district. The policy is intended to facilitate “...single-family detached housing with densities typical of single-family subdivisions.” The policy also supports the development of “…small-lot detached housing…as part of Low-Density Residential developments [with] development standards [that] will ensure that a desirable single-family neighborhood character is maintained.”

                     Land Use Element Policy LU-P-56 (Medium Density Residential): The policy allows for residential development consistent with the Medium-Density Residential designation at a density range between 10 to 15 dwelling units per gross acre. The proposed development within the Medium-Density Residential portion of the project site will be developed at a residential density of 10 units per acre, consistent with the General Plan land use designation and R-M-2 zoning district. This policy is intended to “...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.” The policy further notes that “Development standards will ensure that new development contributes positively to the larger community environment. Projects on sites larger than five acres or involving more than 60 units will require discretionary review.”

                     Land Use Element Policy LU-P-57 (High Density Residential): The policy allows for residential development consistent with the High-Density Residential designation at a density range between 15 to 35 dwelling units per gross acre. The proposed multi-family development within the High-Density Residential portion of the project site will be developed at a residential density of 22 units per acre, consistent with the General Plan land use designation and R-M-3 zoning district. The policy is intended to facilitate high density residential development “…for some infill sites and new areas in close proximity to neighborhood centers and major transportation routes.” The policy further notes that “High Density Residential development may also be permitted in infill areas where it can be made to be consistent with adjacent properties through the conditional use permit process [with] development standards [that] ensure that new development contributes positively to the creation of neighborhood nodes or districts.” The multi-family complex, situated as it is on a new site, near existing and future commercial centers, and Riggin Avenue/Demaree Street transportation routes, meets the intended purpose of the policy.

 

 

                     Land Use Element Policy LU-P-67 (Neighborhood Commercial): The policy calls for Neighborhood Commercial designations to accommodate “…small-scale commercial development that primarily serves surrounding residential areas.” Though no actual commercial development is proposed at this time, placement of single and multi-family residential uses in close proximity to the future neighborhood commercial area ensures compliance with the stated policy goals.

Development Standard Deviations

The proposed subdivision does not meet all codified standards contained in the Zoning and Subdivision Ordinances. The applicant proposes lot sizes and setbacks that are smaller than what is required under the R-1-5 and R-M-2 Zones, as well as proposing a modified knuckle within the small-lot portion of the project.  To address this, the applicant has submitted a Conditional Use Permit request for a Planned Residential Development, to permit deviations from Zoning Ordinance standards. The Planned Residential Development request was approved by the Planning Commission on November 13, 2023.

Taken as a whole, the proposal meets the intent of the identified General Plan policies, providing a development compatible with residential areas to the south and east, at densities supported by the General Plan, and adjacent to transportation routes and existing/future commercial hubs. The development is also designed so that larger, more compatible lots are located adjacent to existing single-family residential areas to the south.

Agricultural Preservation Ordinance

The 59.84-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, the development of this site is subject to the City’s recently adopted Agricultural Preservation Ordinance.

On May 15, 2023, the City Council approved the second and final reading of Ordinance No. 2023-02, which adopts an addition to the Visalia Municipal Code (VMC) referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”.  This code creates an Agricultural Preservation Ordinance (APO) to implement Visalia General Plan Land Use Policy LU-P-34.

The APO established a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of the ordinance.

The developer of the project is subject to complying with the requirements of the adopted APO since the site is located with the Tier II urban development boundary. The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions. In addition, the preserved land obligation, as established in VMC Section 18.04.070(A), shall be preserved through acquisition of an agricultural easement in accordance with VMC Section 18.04.080, unless eligible for payment of an in-lieu fee in accordance with VMC Section 18.04.090.

The preserved land obligation shall be satisfied prior to issuance of any permit directly authorizing or resulting in disturbance to the project site. Compliance of the ordinance 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.

Roadway Improvements

Traffic Impact Analysis

A Traffic Impact Analysis (TIA) was prepared for the proposed project (ref.: Traffic Study: Crandell Tentative Subdivision. Ruettgers & Schuler Civil Engineers, March 202, Revised June 2022). The purpose of the study is to analyze traffic conditions related to the development of the subdivision.

The TIA analyzed existing and proposed intersections within a one-mile radius of the project site and determined that the proposed project would cause unacceptable LOS at four separate intersections. Affected Intersections and the improvements needed to maintain or improve the operational level of service of the street system in the vicinity of the project are identified below:

Intersection

Improvements Required by 2031

Improvements Required by 2041

Demaree Street & Shannon Parkway

Signal

 

Demaree Street & Flagstaff Avenue

Signal

 

Linwood Street & Riggin Avenue

Signal

 

County Center Street & Riggin Avenue

 

Signal

The City of Visalia Traffic Impact Fee facilities list includes signal projects which are not individually identified. Three of the four intersections (excluding Demaree Street and Flagstaff Avenue) are arterial or collector roadways and are understood to be included in the traffic impact fee. The intersection of Demaree Street and Flagstaff Avenue is currently a full access intersection but will require signalization in the future with or without the project.

The project will pay approximately $3.1 million in traffic impact fees (utilizing the City’s current fee schedule) meeting its fair share of contributions to the required future traffic signal projects. With fair share payments, there will be a less than significant impact from the project on existing or proposed intersections.

Street Widening

The developer of the subdivision will be required to construct major street improvements along North Linwood Street and North Demaree Street, with additional minor improvements to West Riverway Avenue. Improvements along the subdivision frontage for these major streets consist primarily of widening to their ultimate right-of-way design.

North Linwood Street is a designated 84-foot-wide collector roadway. The project will require a 42-foot dedication and widening of the street along the western boundary of the project site to accommodate the eventual development of two travel lanes, two bike lanes, on-street parking areas, and a street median if sufficient right-of-way is available. North Demaree Street is a designated 84-foot-wide Minor Arterial roadway that will similarly require a 42-foot dedication and widening of the street. Widening will occur along the eastern boundary of the project site to accommodate the eventual development of two travel lanes, two bike lanes, and on-street parking areas, with the potential for a street median if sufficient right-of-way is available. Finally, West Riverway Avenue has been designated as a 60-foot-wide local roadway. Per the subdivision map, only a small portion of Riverway Avenue will be improved, along the southern boundary of the project site. The street will require a 42-foot dedication, tapering to 30 feet at its westernmost point where it will intersect with a local street (Galliard Street).  In order to accommodate the West Riverway connection to Galliard St, the project will need to provide for two lanes of traffic, which may require the acquisition of offsite right of way. Note that per Engineering Division comments for Site Plan Review No. 2021-166, improvements to Demaree and Linwood Streets are identified in the City’s Circulation Element and Transportation Impact Fee program, making portions of the required street widening reimbursable.

Improvements along the right of way within the boundaries of the subdivision map shall include curb, gutter, sidewalks, streetlights, block walls, and landscaping. All improvements will be maintained by an Landscape and Lighting District. All new utilities that will service the residential subdivision will be placed underground. The phasing plan indicates that widening of Demaree Street and Riverway Avenue will occur during Phase 1 of the development. Improvements to Linwood Street along the multi-family development would be completed with Phase 4 of the project. Improvements to the remainder of Linwood Street, as well Shannon Parkway along the southern boundary of the project site, will be installed upon development of the 7.51 Neighborhood Commercial parcel (i.e. Phase 5). Any such project will require review and coordination with City staff prior to development.

Local Streets

The subdivision proposes 60-foot-wide City standard local streets providing access to Demaree Street, Riverway Avenue, and Linwood Street. Improvements also include extension of North Chinowth Street from the Wild Horse Ranch subdivision, extending northward through the project site, with a stub provided for potential connection to a future subdivision to the north. As part of its extension, North Chinowth Street will transition from its existing 52-foot-width within the Wild Horse Ranch subdivision, to a 60-foot width, in conformance with the current 60-foot-wide local road standard. The street connections proposed with the subdivision will serve to improve circulation for the general area.

 

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.

 

Planning Commission Review and Action:

At its meeting on November 13, 2023, the Planning Commission considered the following entitlement requests from 4Creeks, Inc. for the project site located at the northwest corner of North Demaree Street and West Pratt Avenue within the jurisdiction of the County of Tulare (APN: 077-050-018, 019):

                     Annexation No. 2022-02: A request by 4Creeks, Inc. to annex two parcels totaling approximately 59.84 acres into the city limits of Visalia and to detach said parcels from Tulare County Service Area No. 1. Upon annexation the areas will be zoned R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), R-M-2 (Multi-Family Residential, 3,000 sq. ft minimum site area per dwelling), R-M-3 (Multi-Family Residential, 1,200 sq. ft. minimum site area per dwelling), and C-N (Commercial Neighborhood) which are consistent with the General Plan Land Use Designations of Residential Low Density, Residential Medium Density, Residential High Density, and Commercial Neighborhood.

                     Belissa Tentative Subdivision Map No. 5587: A request by 4Creeks, Inc. to subdivide a 59.84-acre parcel into the following: 159 low-density residential lots on approximately 27.9 acres; 150 medium-density residential lots on approximately 15 acres; an approximately 7.6-acre high-density residential lot that will be developed with a 168-unit multi-family residential complex; and an approximately 7.88-acre Neighborhood Commercial lot which will be developed in the future.

                     Conditional Use Permit No. 2022-05: A request by 4Creeks, Inc. for a Planned Development consisting of 159 low-density residential lots on approximately 27.9 acres and 150 medium-density residential lots on approximately 15 acres. The proposal will include non-standard lots that will be less than 5,000 square feet in size, with modified setbacks, and non-standard roadway knuckles.

                     Conditional Use Permit No. 2023-22: A request by 4Creeks, Inc. to establish a 168-unit multi-family residential development on a 7.6 acre parcel within the R-M-3 (Multi-Family Residential, 1,200 sq. ft. minimum site area) Zone.

Public testimony in favor of the proposal was provided at the public hearing from Adrienne Burnes, developer with WCP Development. No other public comment was received.

The Planning Commission noted concerns with the absence of specific CEQA mitigation measures within the text of the resolutions. Questions were also raised regarding the building elevations for the multi-family complex, in particular those facing single family residences to the east. Staff noted that though the specific mitigation measures were not included in the resolution, language had been incorporated referencing the mitigation measures and requiring compliance. For the building elevations, staff noted that tenants of single-family residences would be made aware of the adjoining development prior to occupancy. It should be noted that only four of the 14 12-plex structures will be located adjacent to single family residences and will be setback a minimum 16 feet from the shared property boundary.  Landscaping will also be provided to screen views into single family residential areas.

 

Following discussion, the Planning Commission concluded that annexation of the project site was consistent with policies LU-P-21, LU-P-55, LU-P-56, LU-P-57, and LU-P-67 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 and both Conditional Use Permit 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 “G” of this report.

 

Recommended Motion:

recommendation

I move to approve the following Resolution No. 2023-62, adopting Initial Study / Mitigated Negative Declaration No. 2022-39; and

I move to approve Resolution No. 2023-63, to initiate proceedings for Annexation No. 2022-02, 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; 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. 2022-39 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 mitigation measure pertaining to Agriculture and Forest Resources to mitigate impacts for loss of Prime Farmland and Farmland of Statewide Importance on a 1:1 ratio.

                     Three 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.

                     Three mitigation measures pertaining to Hydrology and Water Quality to address impacts to surface and groundwater resources.

                     One mitigation measure pertaining to Air Quality to address impacts to air quality from development and operational activity.

                     Four mitigation measures, with several sub-mitigations, pertaining to Biological Resources to reduce impacts of the Project to special-status wildlife species (i.e. California tiger salamander, Hoover’s spurge, San Joaquin kit fox, San Joaquin Valley Orcutt grass, Swainson’s hawk, Vernal pool fairy shrimp, and Western yellow-billed cuckoo) to a level that would be less than significant.

Attachments:

1.                     Resolution No. 2023-62 certifying Initial Study and Mitigated Negative Declaration No. 2022-39.

2.                     Resolution No. 2023-63 initiating the Proceedings for Annexation No. 2022-02 and Detachment from County Service Area No. 1.

3.                     Exhibit “A” - Belissa Tentative Subdivision Map No. 5587

4.                     Exhibit “B” - Multifamily Development Plan

5.                     Exhibit “C” - Annexation Plan and Legal Description

6.                     Exhibit “D” - Pre-Annexation Agreement

7.                     Exhibit “E” - Initial Study / Mitigated Negative Declaration No. 2022-39

8.                     Exhibit “F” - Planning Commission Resolution No. 2022-14 recommending initiation of Annexation No. 2022-02

9.                     Exhibit “G” - November 13, 2023, Planning Commission Staff Report

10.                     General Plan Land Use Map

11.                     Zoning Map

12.                     Aerial Map

13.                     Location Map