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File #: 25-0227    Version: 1
Type: Consent Item Status: Agenda Ready
File created: 6/2/2025 In control: Visalia City Council
On agenda: 6/16/2025 Final action:
Title: Amend Landscape & Lighting District - Request authorization to amend Landscape and Lighting Assessment District No. 23-01 "Shepherds Ranch" and order the improvements and levy the annual assessments for Landscape and Lighting Assessment District No. 23-01. Shepherds Ranch subdivision is located on the west side of Shirk Street between Pershing Court and West Hurley Avenue (Resolution Nos. 2025-42 and 2025-43 required). APN: 081-030-046.
Attachments: 1. Aerial Map, 2. Resolution No 2025-42 & 43
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Agenda Item Wording:

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Amend Landscape & Lighting District - Request authorization to amend Landscape and Lighting Assessment District No. 23-01 “Shepherds Ranch” and order the improvements and levy the annual assessments for Landscape and Lighting Assessment District No. 23-01. Shepherds Ranch subdivision is located on the west side of Shirk Street between Pershing Court and West Hurley Avenue (Resolution Nos. 2025-42 and 2025-43 required).  APN: 081-030-046.

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Prepared by:                                                                                                           Luqman Ragabi, Associate Engineer, Luqman.ragabi@visalia.city, (599) 713-4362
Adrian Rubalcaba, Sr. Project Manager, adrian.rubalcaba@visalia.city (559)713-4507
Jason Huckleberry, Engineering and Building Director, jason.huckleberry@visalia.city, (559) 713-4495.

 

Department Recommendation:  Staff recommends that the City Council adopt Resolution No. 2025-42 amending Landscape and Lighting Assessment District No. 23-01 to include the second and final phase of the Shepherds Ranch subdivision, Shepherds Ranch Phase 2. Staff further recommends Council adopt Resolution No. 2025-43 ordering the improvements to be made, maintained, and operated, and levying the annual assessments for the amended Landscape and Lighting Assessment District No. 23-01 "Shepherds Ranch."

 

Summary:

Shepherds Ranch Phase 1 is a 10-acre subdivision that created 41 single-family residential lots and two outlots designated for Landscaping and Lighting District (LLD) purposes. The subdivision includes 60-foot-wide public local streets with full public improvements, including curb, gutter, parkway landscaping, sidewalks, streetlights, and underground utilities such as sewer, storm drainage, gas, electricity, and water. Landscaping and Lighting District 23-01 was originally formed in July 2024 to provide maintenance services for public improvements within Shepherds Ranch Phase 1. At formation, the District included 41 lots, with an annual assessment of $1,957.65 per lot.

 

At this time, the developer, DR Horton, retains ownership of all lots within Shepherds Ranch Phase 1 and is actively processing Shepherds Ranch Phase 2, a proposed 40-acre subdivision that will create 200 single-family residential lots (10 of which are encumbered by a temporary storm basin) and two additional outlots for Landscaping and Lighting District purposes. Similar to Phase 1, Shepherds Ranch Phase 2 will include public local streets with full improvements, underground infrastructure, and public amenities. Additionally, the developer desires to create a Homeowners Association (HOA) to be responsible for the ownership and maintenance of the temporary storm basin that encumbers 10 residential lots.

 

The amendment to include Shepherds Ranch Phase 2 into Landscaping and Lighting District 23-01 will increase the total number of assessable lots within the District to 231. There are 241 lots total but 10 lots contain the temporary basin that will be owned by the HOA. These 10 lots will need to be annexed into the District after the basin is removed, which would further reduce the assessment amount for the remaining lots in the subdivision.

 

As a result of this proposed amendment, the annual assessment per lot will be reduced from $1,957.65 to $1,378.57 [or $1,479.53 per lot if the temporary storm drainage basin is not maintained by the Shepherds Ranch Homeowners Association (“HOA”)]. The District will be responsible for the ongoing maintenance of all public local streets, street trees, streetlights, pocket park amenities, and a temporary stormwater basin serving the subdivision if the HOA does not maintain this basin. The HOA is expected to maintain the basin but this amount is being listed as a possible charge in case maintenance does not occur as set forth in the First Amendment to the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements of Shepherds Ranch that DR Horton prepared for the HOA it organized. To cover any financial gaps in the unlikely event the City’s assessment district assumes maintenance of the temporary basin, the developer is being required to provide one-year’s maintenance deposit to be held by the City.

 

The final subdivision maps for Shepherds Ranch Phase 2 are currently under review by the city and are anticipated to be presented to the City Council for approval and recordation in the near future.

 

The Landscape and Lighting Assessment District No. 23-01 has also been reviewed and approved as to form by the Landscape and Lighting District Committee.  All new landscaping installed with 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 plan and tree species, and by limiting the portion of landscape that can be covered in turf.

 

Background Discussion:

The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowners associations 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.

 

Fiscal Impact: 231 lots will start contributing to the Landscape and Lighting Assessment District (L&LD 23-01) created for maintenance of common features related to this subdivision.  The annual lot assessment will be $1,378.57 per lot or $1,479.53 per lot if the temporary storm drainage basin is not maintained by the HOA. 

 

Prior Council Action: 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. On July 15, 2024 Councial authorized the recording of Shepherds Ranch 1 Final map and the formation of the Landscape and Lighting Assessment District 23-01. 

 

Other: On August 8, 2022 The Tentative subdivision map for Shepherds Ranch Phase 1 (Tentative Subdivision Map No. 5581) was approved by the Planning Commission.

On April 16, 2024, L&LD 23-01 was reviewed and approved as to form by the Landscape and Lighting Committee.

 

Alternatives: None recommended.

 

Recommended Motion (and Alternative Motions if expected):

recommendation

I move to adopt Resolution No. 2025-42 amending Landscape and Lighting Assessment District No. 23-01 “Shepherds Ranch”; and adopt Resolution No. 2025-43 ordering the improvements and levying the annual assessments for Assessment District No. 23-01 “Shepherds Ranch.”

 

Environmental Assessment Status:  Negative Declaration.

 

CEQA Review:  Negative Declaration No. 2021-41, adopted December 13, 2021.

 

Deadline for Action:  6/16/2025

 

Attachments:
1.
                     Aerial Map
2.
                     Resolution Documents including:
               Resolution for Amendment to the Landscape and Lighting
               District. 
               Clerk’s Certification
               Resolution Ordering the Improvements
               Exhibit A - Assessment Diagram
               Exhibit B - Landscape Location Diagram
               Exhibit C - Tax roll Assessment
               Exhibit D - Engineer’s Report