Agenda Item Wording:
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Annexation No. 2023-01 (Shirk-Riggin SW): Public hearing to consider the following actions related to an Annexation into the Visalia City limits, located at the southwest corner of North Shirk Street and West Riggin Avenue within the jurisdiction of the County of Tulare (APN: 077-200-057, 058, 059, 060):
1. Adopt Initial Study / Mitigated Negative Declaration No. 2024-24 for Annexation No. 2023-01 (Resolution No. 2024-20 required); and
2. Initiation of Proceedings for Annexation No. 2023-01, a request by YS Clancy Riggins to annex four parcels and right-of-way totaling approximately 80.61 acres into the Visalia City Limits (Resolution No. 2024-21 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: 5/20/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>;
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city
Department Recommendation:
Staff recommends that the City Council initiate Annexation proceedings for the subject parcels by taking the following actions:
1. Approve Resolution No. 2024-20 to certify Mitigated Negative Declaration No. 2024-24 for Annexation No. 2023-01;
2. Approve Resolution No. 2024-21 to:
a. Initiate proceedings for Annexation No. 2023-01 with the Tulare County Local Agency Formation Commission (LAFCO);
b. Authorize the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and
c. Authorize the City Manager to sign and 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.
Background Discussion:
YS Clancy Riggins, LLC, the property owners of four contiguous parcels totaling 75 acres, has filed an application with the City of Visalia to initiate annexation. The applicant has not proposed any specific use of the property at this time, but desires to annex the property in anticipation that the site will be utilized for industrial-type development in accordance with the General Plan land use designation and pre-zoning designation of Industrial and Light Industrial for this site. No formal development entitlements or building permits have been filed for the project site at this time.
The recommendation to initiate the annexation is based on the conclusion that the request is consistent with the General Plan. In particular, Land Use Policy LU-P-20 allows annexation and development of industrial land to occur within the City’s Tier 1 Urban Development Boundary, and LU-P-19 ensures that growth occurs in a compact and concentric fashion. Furthermore, this site lends itself to being developable based upon the site being in the City’s Tier 1 Urban Development Boundary and the sites proximity to existing City services, including sanitary sewer, domestic water, paved streets, and Police and Fire.
Site Description: The project area is made up of four properties totaling 75 acres. The annexation further includes an additional 5 acres of public right-of-way for the entire Riggin Avenue portion of roadway adjacent to the 75 acres of privately-owned land (see plat map included as Attachment 1). The proponent of the annexation owns all four parcels. The parcels are surrounded on three sides by the City limits; only the property to the north, across from Riggin Avenue, is outside of the City limits. A portion of the area is currently developed with a dairy. Surrounding land uses include industrial development to the south and west, agricultural operations to the north, and residential development to the east.
The easternmost portion of the site, consisting of about 32 acres, has a land use and pre-zoning designation of Light Industrial and is closest to existing residences. The remaining portion on the westerly side of the site, consisting of about 43 acres, has a land use and pre-zoning designation of Industrial.
A 0.5-acre portion of the project area located in the southeast corner is anticipated to be used by Southern California Edison (SCE) for the establishment of a substation.
General Plan Consistency: The General Plan Land Use Diagram designates the project area as Light Industrial and Industrial. Annexation of the area will thus result in the parcels being zoned Light Industrial (I-L) and Industrial (I). The existing dairy on the site is considered to be a pre-existing land use that may continue to operate on the site.
All parcels are within the Tier 1 Urban Development Boundary. Annexation of these parcels is consistent with General Plan Policy LU-P-20, which states “allow annexation and development of residential, commercial, and industrial land to occur within the “Tier I” Urban Development Boundary (UDB) at any time, consistent with the City’s Land Use Diagram.”
City Services: City Services, including Police and Fire protection, will be provided to the island upon annexation. Sanitary sewer service is available to all four parcels, as is water service through the California Water Service Company. Following annexation and development, the full complement of city services and programs will be provided, including but not limited to Solid Waste and maintenance of any future streets.
Conceptual Development Plan: The applicant submitted Site Plan Review (SPR) No. 2022-130, a conceptual development plan that depicts the 75-acre site’s development potential with six industrial buildings (see Attachment 4). The conceptual development plan was issued a Revise and Proceed on October 26, 2022. However, pursuant to Section 17.28.100 of the Zoning Ordinance, SPR No. 2022-130 lapsed and became void one year following the date of approval due to no building plans or development being pursued for this site. The applicant will be required to submit back to Site Plan Review for any future development consideration.
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 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.
City Council Districts:
If the County Island annexation area is approved, the area will be incorporated into Council District 3.
Fiscal Impact:
Future development of the 75-acre site within the annexation area requires development impact fees to be paid (Transportation, Trunk Line Capacity, Strom Drainage Acquisition, Park Acquisition, Waterways Acquisition, Public Safety, Groundwater Overdraft Mitigation, etc.).
City/County Tax Sharing Agreement: In 2012 the City of Visalia entered into a Memorandum of Understanding with Tulare County. Part of the agreement provided that annexations outside of the County’s adopted Urban Development Boundary (UDB) for the City of Visalia would be subject to a tax sharing formula. The agreement targets the Transient Occupancy and Sales Tax. The subject site is within the designated UDB.
Prior Council Action: None.
Alternatives: The City Council may choose to take no action on the annexation request.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the following:
Resolution No. 2024-20 to certify Mitigated Negative Declaration No. 2024-24, and
Resolution No. 2024-21 to initiate Annexation No. 2023-01, 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, subject to the terms discussed herein.
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Environmental Assessment Status: An Initial Study (see Attachment 2) was prepared for the annexation consistent with CEQA. Initial Study No. 2024-24 disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation measures in the fields of Cultural Resources and Noise. Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts on the potential of exposing historical or archaeological materials during future construction. Two (2) mitigation measures pertaining to Noise would reduce the impacts of future construction related to construction noise and operational noise. The measures are intended for future development of the site. Therefore, staff recommends that City Council adopt Mitigated Negative Declaration (MND) No. 2024-24 for Annexation No. 2023-01.
CEQA Review: An Initial Study (see Attachment 2) was prepared for the annexation consistent with CEQA. Initial Study No. 2024-24 disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation measures in the fields of Cultural Resources and Noise. Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts on the potential of exposing historical or archaeological materials during future construction. Two (2) mitigation measures pertaining to Noise would reduce the impacts of future construction related to construction noise and operational noise. The measures are intended for future development of the site. Therefore, staff recommends that City Council adopt Mitigated Negative Declaration (MND) No. 2024-24 for Annexation No. 2023-01.
Comments responding to CEQA / Environmental Assessment: In response to the Mitigated Negative Declaration, the City received two comment letters: one from Blum, Collins & Ho LLP, dated May 14, 2024 and included as Attachment 5, and one from Mitchell M. Tsai Law Firm, dated May 15, 2024 and included as Attachment 6. Both comment letters largely describe that the MND does not take into account “the whole of an action” and suggests that the project is a piecemealing of a greater action. Consequently, the letters state that an EIR must be prepared to address the whole of the action and to address impacts on environmental issues that could be impacted upon future development. The latter comment letter further states that the City should require the use of a local workforce to benefit the community’s economic development and environment.
Staff continues to recommend that the MND be utilized for the annexation project on the basis that the proposed project under consideration at this time are only actions related to the annexation of the property. Staff emphasizes and the MND’s project description affirms (on Page 2-1) that the applicant has not proposed any specific use on the property at this time. Whereas the comment letter from Blum, Collins & Ho states that Site Plan Review No. 2022-130 (SPR22130) was submitted to the lead agency and should be considered the proposed project, the site plan review permit lapsed and became null and void as of October 26, 2023, meaning it cannot move forward. The only currently proposed action is annexation. In addition, the purpose of the site plan review permit is to ensure substantial compliance with the general plan, municipal code, policies, and improvement standards of the city. Site plan review is a ministerial process. Upon annexation, the site can develop under the City’s General Plan and the underlying General Plan designation / pre-zoning of Industrial and Light Industrial. Different types of development could be proposed, but approval of uses not authorized under the City’s General Plan would require discretionary review by the Visalia Planning Commission and/or Visalia City Council along with separate consideration under CEQA. Since the project itself does not propose growth and as pointed out in the MND development of the site in conformance with the General Plan was considered and evaluated with the City of Visalia General Plan Environmental Impact Report, no new or subsequent EIR is needed for this proposed annexation.
Attachments:
• Resolution No. 2024-20 certifying Mitigated Negative Declaration No. 2024-24
• Resolution No. 2024-21 initiating the Proceedings for Annexation No. 2023-01 and Detachment from County Service Area No. 1
• Attachment 1 - Annexation Site Plan and Legal Description
• Attachment 2 - Initial Study / Mitigated Negative Declaration No. 2024-24
• Attachment 3 - Pre-Annexation Agreement
• Attachment 4 - Conceptual Development Plan
• Attachment 5 - Comment letter from Blum, Colins & Ho LLP
• Attachment 6 - Comment letter from Michael M. Tsai Law Firm
• General Plan Land Use Map
• Aerial Map
• Location Map