Agenda Item Wording:
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Public hearing and consideration of the following actions:
1. Adopt Initial Study / Mitigated Negative Declaration No. 2023-32 for Annexation No. 2022-04, Shepherds Ranch II Tentative Subdivision Map No. 5589, and Tentative Parcel Map No. 2022-03 (Resolution No. 2023-36 required); and
2. Initiation of Proceedings for Annexation No. 2022-04, a request by D.R. Horton, to annex a 40.44-acre parcel into the City Limits of Visalia located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN: 081-030-080) (Resolution No. 2023-37 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: 8/7/2023
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, Community Development Director, (559) 713-4025, 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. Adopt Initial Study / Mitigated Negative Declaration No. 2023-32 for Annexation No. 2022-04, Shepherds Ranch II Tentative Subdivision Map No. 5589, and Tentative Parcel Map No. 2022-03; and
2. Initiate proceedings on Annexation No. 2022-04 with the Tulare County Local Agency Formation Commission (LAFCO); 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. 2022-04 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 40 acres of land containing General Plan land use designations of Low Density Residential and Parks/Recreation to facilitate development of the Shepherds Ranch II Tentative Subdivision Map, which was conditionally approved by the Planning Commission on June 26, 2023. The annexation and tentative subdivision map have been requested by residential developer D.R. Horton.
Shepherds Ranch II Tentative Subdivision Map will subdivide 40 acres into a 200-lot single-family residential subdivision at a density of 4.94 dwelling units per acre. All lots created by the subdivision will conform to the City’s development standards required for development within the R-1-5 zone designation, including minimum lot sizes of 5,000 square feet (see Attachment 3). The subdivision includes a 2.63 acre lot (labeled as Outlot C on the tentative subdivision map) for establishment of a park and trail along the north side of the subdivision, which assists with buffering the subdivision from existing Industrial zoning and land uses to the north.
This subdivision on the annexation site is planned to be developed together with a 10-acre parcel to the east that is already located within the City limits. The 10-acre parcel received approval by the Planning Commission on August 8, 2022, for a 41-lot subdivision (Shepherds Ranch I). The two subdivisions will be built together as one cohesive development that includes an overall 3.6-acre linear park along the north property line (see Attachment 4).
Subdivision Information
The proposed single-family subdivision will be serviced by City standard (i.e., 60-foot wide) local streets with full improvements including sidewalks. The residential lots will utilize standard R-1-5 zone district lot and setback criteria, with standard lot sizes ranging between 5,000 to 6,801 square feet and knuckle lots being as large as 10,222 square feet. Ten contiguous lots within the subdivision are shown to serve as a temporary basin due to the area not having the regional basin established for this area. A regional basin will be established at a future date.
Primary access to the subdivision will be at the northeast corner of the subdivision from a local street that extends easterly to Shirk Street through the approved Shepherds Ranch I subdivision which will be developed first. Access will also come from Road 88 (i.e., Clancy Street) via a street connection within the subdivision which will be constructed in the initial phase of the Shepherds Ranch II site. The subdivision also can accommodate a future local street connection to the south from the street that is aligned along a portion of the south property line, in conformance with the City’s Super Block Connectivity standard.
The subdivision map will include the creation of three lots that will be maintained by a Landscaping and Lighting District (LLD). Two lots will contain landscaping and block walls along Road 88 (Clancy Street) and wrap around to the street sides of two residential lots. The third lot will be the linear park that ranges from 41 to 138 feet from the north property line adjacent to the existing industrial uses.
Annexation Information
The project proponents have filed an application to initiate annexation of one parcel measuring approximately 40 acres, including road right-of-way for the adjacent Road 88 (Clancy Street) (see Attachment No. 5). The annexation can be supported on the basis that 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 General Plan Land Use Diagram. The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by LAFCO but cannot approve a final map until after the annexation is approved and filed with the Tulare County Recorder.
Providing of City Services:
All City services will be provided to the project site upon annexation. A sewer main will be extended along Shirk Street as part of a City CIP project occurring in Fall 2023 to reach the Shepherds Ranch I development, where future connection and extension into the annexation site is anticipated. The sewer system will be sized to service both subdivisions. A sewer master plan for the entire development will be required to be submitted for approval prior to approval of any portion of the system. A stormwater main sized at 24” diameter will be installed in Road 88 (Clancy Street) per the City’s Stormwater Master Plan, which is currently being updated and is subject to change. The subdivision will be providing a temporary retention basin which will measure 1.19 acres for storm water drainage, until said time that the City’s master trunk line and regional basin for the area are constructed. The temporary basin will include full improvements to street frontages surrounding the basin.
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. The detachment is reflected in the draft Resolution (see Attachment No. 2).
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 No. 6.
City Council District:
If the annexation area is approved, the parcel will be annexed into Voting District 3 per the Council Election Voting District Map. This is reflected in the draft Resolution (see Attachment No. 2).
General Plan Consistency
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan. Specifically, the annexation will facilitate a residential subdivision development on a 40-acre site in a manner that is consistent with residential neighborhoods in the area, and particularly, the approved Shepherds Ranch I neighborhood to the east.
The Planning Commission, during its review of the annexation and subdivision, concurred with staff’s finding that the annexation is consistent with the Visalia General Plan, specifically 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 Commission further found the development (i.e., subdivision) of the site to be consistent with General Plan. Land Use Policy LU-P-55 allows for residential development consistent with the Low Density Residential designation at a density range between two to ten dwelling units per gross acre. The proposed development will be developed at a residential density of 4.94 units per acre consistent with the Low Density Residential General Plan land use designation as well as the R-1-5 zoning district. The policy states: “this designation is intended to provide for single-family subdivisions.” In fact, the proposed subdivision meets all codified standards contained in the Zoning and Subdivision Ordinances.
Also, Land Use Policy LU-P-103 addresses buffering proposed residential land uses adjacent to industrial designations. In 2022, the City Council approved General Plan Amendment No. 2021-03 which replaced 13.8 acres of Residential Very Low Density land use designation on the site with approximately 3.6 acres of Parks/Recreation and the remaining balance as Residential Low Density. The GPA was approved on the basis that it upheld the General Plan’s vision of providing buffering and an amenity between the two uses. In lieu of the Residential Very Low Density designation which would have created parcels with larger lot depths, a linear park resulting in depths ranging between 41 feet (101 feet with inclusion of a local street) and 138 feet was created to serve as a buffer.
Roadway Improvements
Shirk Street. The Shepherds Ranch II subdivision proposed on the annexation site will not be constructed until the Shepherds Ranch I subdivision, located east of the annexation site and previously approved in 2022, is constructed. Improvements along the Shepherds Ranch I subdivision frontage include improving Shirk Street to its ultimate right-of-way design, excepting a raised median due to constrained right-of-way width south of the property towards Highway 198. It is anticipated that most of the Shepherds Ranch II traffic will be accommodated via the Shepherds Ranch I access point on Shirk Street.
Shirk Street is designated as a 110-foot wide arterial street but is currently improved with one southbound and one northbound lane with partial street frontage improvements on the east side.
A separate capital improvement project (CIP) is planned for the widening of Shirk Street to four lanes between School Avenue (1/4-mile north of State Highway 198) and Riggin Avenue. This project will include buildout of both sides of Shirk between the Shepherds Ranch I site and Goshen Avenue and will include the installation of a two-way left turn lane for the street segment adjacent to the Shepherds Ranch I subdivision allowing for full turning movements. The first phase of the CIP is installation of a sewer trunkline within Shirk Street that will begin in Fall 2023 and will take six months. The second phase of the CIP will be the widening of Shirk Street to begin immediately after the sewer work, approximately Winter 2024.
Road 88 (Clancy Street). Upon annexation of the property and the subsequent development of the property with the Shepherds Ranch II map, the developer will be required to install street improvements pertaining to Road 88.
Road 88 is a designated 84-foot wide collector street but is currently improved with unstriped asphalt that can accommodate one lane of traffic in each direction (i.e., southbound and northbound). No street frontage improvements currently exist on either side.
Improvements include improving the street to its full width on the east side, which requires an approximately 22-foot wide dedication. Asphalt will be installed to accommodate two 12-foot travel lanes and one 8-foot park lane. To the west of Road 88, land that is designated for future industrial development (to be constructed by others) will consist of additional asphalt paving and street frontage improvements.
The portion of Road 88 immediately north of the subdivision will require improvements by the subdivider consisting of additional pavement and transitions from the portion fronting the subdivision, to be installed with Phase 1.
Agriculture Preservation Ordinance
The 40-acre annexation site is subject to the City’s Agricultural Preservation Ordinance due to the site being in the City’s Tier II growth boundary and being designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program. The Agriculture Preservation Ordinance was approved on May 15, 2023 (the date of the second reading of the ordinance) as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”.
The purpose and intent of the Ordinance is to implement Visalia General Plan Land Use Policy LU-P-34 by establishing 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 its provisions.
The developer of the project is subject to complying with the APO requirements. The Ordinance’s preserved land obligation requires utilizing a ratio of one acre of preserved land for each acre of converted land. Converted land acreage is calculated by determining the applicable project acreage less the acreage of exclusions. The Ordinance further outlines steps for preservation through acquisition of an agricultural easement, unless eligible for payment of an in-lieu fee.
The preserved land obligation is satisfied when either the approved agricultural conservation easement has been recorded or when the applicant has remitted the approved in-lieu fee to the qualified entity. Only upon fulfilling the preserved land obligation can the City allow issuance of one or more permits that directly authorize or result in disturbance to the project site.
Public Hearing & Review held by Planning Commission
The Planning Commission conducted a public hearing on June 26, 2023, to consider the annexation and requests for a tentative subdivision map and tentative parcel map on the project site. The affiliated staff report is provided as Attachment No. 9. During the public hearing, comment was only provided by the project applicant who spoke to address questions raised by the Planning Commission. There were no comments or concerns from members of the public at the meeting. Following the public hearing, the Planning Commission, on a 5-0 vote, approved the project as proposed and recommended that the City Council initiate the annexation request.
Correspondence
Correspondence from a neighboring property owner to the south of the annexation site, expressing three concerns regarding the request for annexation, is provided as Attachment No. 7.
Fiscal Impact:
No impact to the City. Future development of the property will require the developer to pay development impact fees.
Prior Council Action:
On September 6, 2022, the City Council approved General Plan Amendment (GPA) No. 2021-03, to amend the General Plan land use designations on the subject parcel and the adjacent parcel to the east, together totaling 50 acres. The GPA resulted in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation across the north side of the parcels.
Alternatives:
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.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve Resolution No. 2023-36, adopting Initial Study / Mitigated Negative Declaration No. 2023-32; and
I move to approve Resolution No. 2023-37, to initiate proceedings for Annexation No. 2022-04, 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.
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Environmental Assessment Status:
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project (see Attachment No. 8).
CEQA Review:
Initial Study and Mitigated Negative Declaration No. 2023-32 (see Attachment No. 8) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources: Eight (8) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to special-status wildlife species (i.e., Swainson's Hawk, San Joaquin Kit Fox, Western Burrowing Owl). Two (2) mitigation measures pertaining to Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction. One (1) mitigation measure pertaining to submittal of plans for storm water pollution and pollutant discharge to reduce impacts to Soil Erosion or the loss of topsoil at the Project site. Two (2) mitigation measures pertaining to Noise to reduce the impacts of the Project related to construction noise and existing nearby industrial uses. One (1) mitigation measure pertaining to payment of transportation impact fees to reduce impacts to Traffic at the Project site.
Attachments:
1. Resolution No. 2023-36 certifying Initial Study and Mitigated Negative Declaration No. 2023-32.
2. Resolution No. 2023-37 initiating the Proceedings for Annexation No. 2022-04 and Detachment from County Service Area No. 1.
3. Shepherds Ranch II Tentative Subdivision Map No. 5591.
4. Overall Development Plan (Shepherds Rach I and II).
5. Annexation Plan and Legal Description.
6. Pre-Annexation Agreement.
7. Correspondence.
8. Initial Study / Mitigated Negative Declaration No. 2023-32.
9. Planning Commission Staff Report.
10. General Plan Land Use Map.
11. Zoning Map.
12. Aerial Map.
13. Location Map.