Agenda Item Wording:
title
Request authorization for the formation of Landscape and Lighting Assessment District No. 21-04 and ordering and levying the annual assessments for Landscape and Lighting Assessment District No. 21-04 for Highland Park, Unit Nos. 1 and 2 subdivisions (Resolution Nos. 2022-07 and 2022-08 required.)
body
Deadline for Action: 2/7/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Adrian Rubalcaba, Associate Engineer, adrian.rubalcaba@visalia.city <mailto:adrian.rubalcaba@visalia.city>, (559)713-4271
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025
Department Recommendation:
Staff recommends that City Council adopt Resolution No. 2022-07 initiating proceedings for the formation of Landscape and Lighting Assessment District No. 21-04 and adopt Resolution No. 2022-08 ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 21-04, “Highland Park, Units 1 & 2”.
Summary:
The final maps for Highland Park, Units 1 and 2, will subdivide a 14.3-acre site into 125 single family lots (Unit No. 1 consisting of 76 lots and Unit No. 2, 49 lots) and create 5 out lots (Lot’s A through E) for street frontage landscaping along Conyer Street, Giddings Street, and Riggin Avenue, a pocket park, and a pedestrian connection to Giddings Avenue. The subdivision is bound by Sedona Avenue to the north, Conyer Street to the east, Riggin Avenue to the south, and Giddings Street to the west and will take access from local street connections to Conyer Street and Sedona Avenue.
The City Council previously approved the recordation of the final map for Highland Park, Unit No. 1 on June 21, 2021. The developer, Woodside Homes, has submitted to the City the final map and improvement plans for Unit No. 2 of the Highland Park subdivision, which are currently near review completion by City staff, and the final map will be presented before Council at a later date.
The Landscape and Lighting Assessment District No. 21-04 has also been reviewed and approved to form by the Landscape and Lighting District Committee. All new landscaping installed within the out lots, pocket park, and parkways for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e. a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.
Background Discussion:
The City of Visalia permits developers of subdivision 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, street lights, 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 (see Attachment 6 - Application for the Formation of Landscape and Lighting District). The use of summary proceedings allows for the initiation of proceedings and the final formation action of the assessment district to be acted upon together as separate resolutions.
Fiscal Impact:
The 125 lots will contribute to Landscape and Lighting Assessment District No. 21-04 created for the maintenance of common features related to this subdivision. These common features include, but are not limited to, pavement on local streets, block walls, streetlights, and landscaping & irrigation within and along the outlots.
The annual assessment for each lot will be $555.71.
Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($69,464.26) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed.
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment. The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits above.
Prior Council Action:
• On June 10, 1987, the City 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 June 21, 2021, the City Council authorized the recordation of the final map for Highland Park, Unit No. 1 subdivision.
Committee/Commission Review and Action:
• On February 27, 2006, the tentative subdivision map for Highland Park at Shannon Ranch subdivision (TSM No. 5509) and associated Conditional Use Permit (CUP) No. 2006-03 were approved by the Planning Commission.
• On August 26, 2013, CUP No. 2012-27 was approved by the Planning Commission to amend previously approved CUP No. 2006-03, revising development standards and dwelling types of the previously approved PUD in the RM2 zone.
• On May 26, 2020, Finding of Consistency No. 2020-001 was approved by the Planning Commission allowing minor modifications to the public street design and phasing of the tentative map.
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution No. 2022-07 initiating proceedings for the formation of Landscape and Lighting Assessment District No. 21-04 “Highland Park, Units 1 & 2” and adopt Resolution No. 2022-08 ordering the improvements and levying the annual assessments for Assessment District No. 21-04 “Highland Park, Units 1 & 2”.
end
CEQA Review: Negative Declaration No. 2006-08, adopted February 27, 2006.
Attachments:
1. Resolution for Landscape and Lighting District documents including:
a. Initiating Proceedings for Formation, Clerk’s Certification, and Resolution Ordering the Improvements
b. Exhibit A - Assessment Diagram
c. Exhibit B - Landscape Location Diagram
d. Exhibit C - Tax Roll Assessment
e. Exhibit D - Engineer’s Report
2. Location Map
3. Aerial Map
4. Final Maps
5. Development Disclosures
6. Applications for the Formation of Landscape and Lighting District