Agenda Item Wording:
title
Public hearing and consideration of the following actions:
1. Certification of a Final Environmental Impact Report (EIR) (State Clearinghouse Number 2021050418): A request to certify the Environmental Impact Report for the Carleton Acres Specific Plan project, of which the components include but are not limited to the adoption and buildout of a specific plan, development agreement, general plan amendment, tentative subdivision map, and tentative parcel map. The EIR has determined that all project impacts were either less than significant or could be mitigated to a less than significant level with the exception of the following impacts that are considered significant and unavoidable: Aesthetics (project and cumulative level); Agriculture & Forestry Resources (project and cumulative level); Air Quality (project and cumulative level); Hydrology & Water Quality (cumulative level only); Transportation (project and cumulative level); and Utilities & Service Systems (cumulative level only). The EIR follows a Notice of Availability period wherein the Draft EIR was duly noticed and conducted for the Project from May 4 to June 19, 2023. The City of Visalia is the lead agency for the preparation of the EIR in accordance with the California Environmental Quality Act (CEQA) (Resolution No. 2023-48, required).
2. Initiation of Proceedings for Annexation No. 2021-05: A request to annex approximately 468.3 acres and adjacent right-of-way, located within the City of Visalia Urban Development Boundary Tiers II and III, into the Visalia city limits. The annexation request includes authorizing the detachment from County Service Area No. 1 in accordance with State and County requirements and authorizing the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2023-79, required). (APN: 077-100-108 only)
3. Introduction and First Reading of an Ordinance for adoption of Specific Plan No. 2021-13 and entering into of a Development Agreement: A request to establish a new specific plan (Carleton Acres Specific Plan) consisting of approximately 507 acres, including districts for low, medium, and high density residential, commercial mixed use, neighborhood commercial, parks / open space, and public institutional. Full buildout of the plan will accommodate for approximately 3,262 dwelling units, approximately 205,000 square feet of leasable commercial area, 17 acres of parks / trails / recreational facilities, 17 acres for a drainage basin, and a future elementary school site, to be developed across Urban Development Boundary Tiers I, II, and III. A development agreement has been prepared with the specific plan in accordance with General Plan Policy LU-P-22 to address development terms for the project, including development within the Urban Growth Boundary Tier III (Ordinance No. 2023-10, required).
4. General Plan Amendment No. 2021-14: A request to amend the location and acreage of General Plan land use designations within 507 acres, resulting in the redistribution of Residential Low, Medium, and High Density, Parks / Recreation, Commercial Neighborhood, and Public Institutional designations, and the establishment of a Commercial Mixed Use designation (Resolution No. 2023-50, required).
Project Applicant: West Star Construction Inc.
Project Location: The proposed Project is located on approximately 507 acres, generally bound by West Riggin Avenue to the south, North Akers Street to the east, North Shirk Road to the west and Avenue 320 (West Kibler Avenue) to the north (APN 077-100-108 and 077-100-105.)
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Deadline for Action: 10/2/2023
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:
The Planning Commission recommends that the City Council initiate annexation proceedings for the project by taking the following actions, consistent with the staff recommendation made to Planning Commission on September 11, 2023:
1. Certify the project’s Final Environmental Impact Report, which includes the adoption of the project’s findings of fact, statement of overriding considerations, and a mitigation and monitoring reporting program.
2. Initiate proceedings for Annexation No. 2021-05 with the Tulare County Local Agency Formation Commission (LAFCO), including authorizing the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and authorizing the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.
3. Approve General Plan Amendment No. 2021-15.
4. Introduce first reading of Ordinance No. 2023-10 approving Specific Plan No. 2021-13, which includes the entering into of a Development Agreement.
If approved by the City Council, staff will bring back the second reading of Ordinance No. 2023-10 at a later City Council meeting and file the annexation application with LAFCO.
The entitlements are supported by both Planning Commission and staff based on the project’s consistency with the Land Use Element of the General Plan. Specifically, Annexation No. 2021-05 will facilitate a new community on a 468-acre site in a manner that is consistent with the General Plan land use designations that exist within the project site, and annexes property that spans between Urban Development Boundary Growth Tiers II and III as allowed under General Plan Land Use Policy LU-P-22.
Furthermore, staff recommends approval of the General Plan Amendment and Specific Plan, based on the project’s consistency with the Land Use Element of the General Plan, the Zoning and Subdivision Ordinances, and Housing Accountability Act (Government Code section 65589.5).
Background Discussion:
Project applicant West Star Construction has filed entitlement applications to facilitate the subdivision and development of a 468-acre parcel and a 29-acre parcel that are under common ownership, totaling 507 acres (includes roads and waterways). The 468-acre parcel is currently outside of the City limits. The project site is currently vacant and has been utilized for agriculture use.
The entire project, described more fully in the Carleton Acres Specific Plan document (included as Attachment 5), consists of a new community containing up to 3,262 dwelling unit, up to 205,000 square feet of leasable commercial area, 17 acres of parks / trails / recreational facilities, 17 acres for a drainage basin, and a future elementary school site, to be developed across Urban Development Boundary Tiers I, II, and III. The concept master plan is included as Attachment 6.
The property is planned to be developed with a mixture of residential product types, including single-family residences on City standard-size lots. A tentative subdivision map (i.e., Carleton Acres Phase 1 Tentative Subdivision Map No. 5590) was also submitted by the applicant to subdivide 100 acres in Growth Tier II into 375 lots in the area designated for Low Density Residential, to be developed over five sub-phases roughly 75 units each, and was approved by the Planning Commission (see Attachment 7). No specific development has been proposed yet on any of the Medium or High Density Residential land which will accommodate multi-family residential development.
The property is also planned to be developed with two separate commercial sites totaling 35 acres, including a 29-acre site within Tier II that is anticipated to include a Costco warehouse store. A tentative parcel map (i.e., Tentative Parcel Map No. 2023-04) was also submitted by the applicant to subdivide the 29 acres into eight parcels, and was approved by the Planning Commission (see Attachment 7). A conditional use permit (CUP) is required for the Costco warehouse store, gas station, and car wash; however, no application has been filed yet for these uses. If Costco perfects their site plan and files a CUP application, it would be considered at a public hearing held by the Planning Commission at a future date once their site plan is complete.
The request for development across the two growth tiers is being made in accordance with General Plan Land Use Policy LU-P-22, which allows for City Council approval of master plans (or, in this case, a specific plan), following Planning Commission review and recommendation, for sites under a single ownership, which includes developmental land within multiple development tiers.
The individual entitlements are described as follows:
Annexation No. 2021-05 is a request to annex parcels totaling approximately 468 acres located outside the city limits and within Tulare County (see Attachment 8). Upon annexation, the Zoning designations for the project area will consist of the following, consistent with the underlying General Plan land use designations as proposed through the General Plan Amendment.
• R-1-5 (Single-Family Residential 5,000 square foot minimum site area),
• R-M-2 (Multi-Family Residential, one unit per 3,000 square feet site area),
• R-M-3 (Multi-Family Residential, one unit per 1,200 square feet site area),
• C-MU (Commercial Mixed Use),
• C-N (Neighborhood Commercial),
• Q-P (Quasi-Public).
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 Land Use Diagram. Furthermore, the annexation of the Tier III Urban Development Boundary portion is consistent with Land Use Policy LU-P-22, which allows for annexation before development is permitted in Tier III under Policy LU-P-21. The policy explicitly allows for a project to annex and develop while the City is still limiting development approvals to land within the Tier II designation. The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development.
General Plan Amendment No. 2021-14 is requested to redistribute land use designations that are located upon several sites that are under single ownership. Current and proposed land use designations are summarized as follows:
|
Land Use Designation |
Zoning Designation |
Existing ac. |
Proposed ac. |
|
Low Density Residential |
R-1-5 designation |
349.5 |
305.4 |
|
Medium Density Residential |
R-M-2 designation |
75.8 |
No change |
|
High Density Residential |
R-M-3 designation |
31.4 |
No change |
|
Commercial Mixed Use |
C-MU designation |
0.0 |
28.7 |
|
Neighborhood Commercial |
C-N designation |
11.4 |
6.4 |
|
Public Institutional |
QP designation |
9.9 |
13.0 |
|
Basin |
QP designation |
0.0 |
17.3 |
One parcel that is 29 acres in size is already within the City limits, part of Tier I, is entirely designated High Density Residential and is not affected by the General Plan Amendment.
Currently, the Tier II portion contains all 31.4 acres of the High Density Residential designation and approximately half (about 40 acres) of the Medium Density Residential (see General Plan Land Use Map). The changes in designation will achieve a more even distribution of the Low, Medium, and High Density Residential land use designations among the 468-acre parcel and between Tiers II and III (see concept plan, Attachment 6). The Neighborhood Commercial, currently in Tier II, will move to Tier III, and a new commercial designation (Commercial Mixed Use) will be established in Tier II. The Public Institutional designation is and will remain in Tier III.
Specific Plan No. 2021-04 establishes the Carleton Acres Specific Plan (“Plan”, see Attachment 5), which is applicable to the entire area within Tiers II and III plus an existing undeveloped parcel within Tier I.
The Plan establishes a master land use plan (see Attachment 6), together with the approval of General Plan Amendment No. 2021-14. The Plan further provides design and development standards for the property’s residential communities, providing some deviations to City development standards for rear yard setbacks. There are six residential product types or building configurations anticipated by the Plan for the single and multi-family designations, in addition to six allowable architectural themes permitted for the residences. The Plan does not serve as a Planned Residential Development in that there are no small lots or private streets currently proposed through the subdivision map, nor are there any specific home models proposed for use with the plan. Subsequent development of the multi-family designated parcels could establish private streets if developed through a tentative subdivision map and conditional use permit.
Throughout the Plan are policies and standards applicable to:
• commercial development (Section 4.4),
• single-family residential (Section 5.4.1),
• multi-family residential (Section 5.4.2),
• residential architecture (Sections 5.6.2 and 5.6.3), and
• site elements, including landscaping, parking, and signage (Sections 6.8 and 6.9).
Design principles are also included for landscape (Section 6.2).
A key feature of the Specific Plan is a pedestrian trail and riparian buffer along the Modoc Ditch that is referred to in the Plan as the Modoc Greenway (see Section 6.5.2.3). This will be established alongside the existing segments of Modoc Ditch at Shannon Parkway and on Akers Street north of Shannon Parkway (see Figure 7.N for a Shannon Parkway cross section). The Greenway is comprised of a Class I bike trail and heavily landscaped bioswales serving as groundwater recharge swales, all maintained by the Landscape and Lighting District. Additional Class I trails are placed throughout the plan area to connect the various residential land use designations to schools, parks, and commercial areas. Parks and trails will have uniform features and amenities, such as landscaping, lighting features, and open space features. The Plan goes into more clear detail in Sections 6, 7, and 8 on the development’s circulation, infrastructure, administration and implementation.
Carleton Acres Phase 1 Tentative Subdivision Map and Tentative Parcel Map No. 2023-04 are not subject to City Council review and approval, since the Planning Commission is the final authority on tentative maps. However, in the context of this project, the maps are dependent upon City Council’s review and approval of the Specific Plan and the General Plan Amendment.
Background on Specific Plans:
Specific plans are a type of guiding and policy utilized in California jurisdictions. Whereas general plans provide context, land uses, objectives and goals for an entire jurisdiction (i.e., county-wide or city-wide), a specific plan covers part of an area covered by the general plan. When being written for a particular document, a specific plan can also include zoning regulations for the mix of land uses within it, including architectural standards if desired. Specific plans may be voluntarily initiated by one or more property owners, or may be required or recommended by a general plan document. In this instance, the Carleton Acres Specific Plan is being proposed based on Visalia General Plan Policy LU-P-22.
Specific plans are regulated by state law per Government Code Sections 65450 through 65457, and regulated by Visalia city law per Municipal Code Chapter 12.04 (see Related Plans and Policies for full text).
Development Agreement Regarding Expansion to Growth Tier III:
A Development Agreement has been prepared by staff to accompany the proposed project (see Attachment 10), based upon the proposal of a master-planned site that spans between Tiers II and III.
Specifically, Land Use Policy LU-P-22 allows for master-planned sites that are under a single ownership or unified control to be annexed and developed, subject to the City Council approval of a master plan (in this case, a specific plan) and a development agreement. The intent of the development agreement is to spell out “details regarding the overall development, density/intensity and phasing, infrastructure needs and financing, and what each party would do”. The development agreement, once entered into between the City and the landowner or developer, would enable the property to annex and develop within Tier III, subject to criteria, while the City is still limiting development approvals to land within the Tier II designation.
The project proponent, Hayes Ranch, LLC, has requested to allow the Carleton Acres Specific Plan development to begin growth in the Tier II area and to have continuous growth from south to north into the Tier III portion of the plan (see memo attached as Exhibit “G”). The memo cites how the property is in unified control and has been master-planned in an effort to facilitate better infrastructure and financial arrangements.
Staff’s draft Development Agreement recommends that certain criteria be met before the City will process any subdivision map entitlement in the Tier III area. The intent is to ensure that substantial progress and investment is made in the Tier II area, such that no portion of the Tier II area is being passed over prior to the Tier III area. The criteria are summarized as follows:
Prior to the processing of a Tier III tentative subdivision map:
• All phases and lots specified in the Carleton Acres Phase 1 Tentative Subdivision Map No. 5590 shall have final maps recorded with the Tulare County Recorder.
• Permits for new dwelling units shall be issued for:
o At least 80% of lots located within the Carleton Acres Phase 1 Tentative Subdivision Map (i.e., 300 lots),
o At least 80% of units associated with the 5.5-acre Tier II Medium Density Residential area as indicated by Table 2-1 in the Specific Plan (i.e., 44 units), and
o At least 80% of units associated with either the 3.6-acre Tier II Medium Density Residential area or the 9.7-acre Tier II High Density Residential areas as indicated by Table 2-1 in the Specific Plan (i.e., 29 units or 117 units respectively).
This cumulatively equates to construction in at least three of the four stand-alone land use districts in Tier II prior to approvals of any development in Tier III. This requirement does not involve the 29.3-acre R-M-3 zoned site located inside the City limits situated in Tier I.
• Improvements for Circulation Element streets, pedestrians trail and landscaping, and other public areas shown in the Tier II area shall be completed.
• A street (i.e., Sedona Avenue or Shannon Parkway) shall be constructed between Roeben and Ridgeview Middle School to provide circulation within the site, reducing reliance on arterial streets.
General Plan Consistency:
The entire site has been designated for residential land uses since the adoption of the Visalia General Plan in 2014.
Low Density Residential
Areas of the project designated as Low Density Residential are shown on the concept plan with a street pattern and lotting pattern, though only the area in Tier II is presently being subdivided. The Tier II portion will be developed at a density of 3.71 dwelling units per gross acre and 5.85 dwelling units per net acre. For the Tier III portion of the Low Density Residential, Specific Plan Table 2-1 anticipates that this portion is proposed to be 5 dwelling units per gross acre.
Land Use Policy LU-P-55 states: “this designation is intended to provide for single-family subdivisions.” Compatibility with the surrounding area is required by the General Plan in the decision to approve the proposed subdivision. Staff finds that the proposed tentative subdivision map is compatible with existing residential development within the Low Density Residential land use designation situated south of Riggin Avenue and east of Akers Street.
Medium and High Density Residential
The areas of the Specific Plan designated as Medium Density Residential and High Density Residential are anticipated for future development upon annexation. At this time, no development plans have been submitted to the City for consideration. The Specific Plan affirms that future development within these areas will be developed with approximately 10 dwelling units per gross acre for Medium Density Residential properties and approximately 15 dwelling units per gross acre in the High Density Residential properties.
Land Use Policy LU-P-56 states: “[The Medium Density Residential] designation can accommodate a mix of housing types including small-lot single-family, townhouses, two- and four-plexes, and garden apartments on infill lots or new development areas within walking distance of neighborhood nodes and corridors. … Development standards will ensure that new development contributes positively to the larger community environment.”
Land Use Policy LU-P-57 states: “[The High Density Residential] designation is appropriate for some infill sites and new areas in close proximity to neighborhood centers and major transportation routes. ... Development standards will ensure that new development contributes positively to the creation of neighborhood nodes or districts.”
Specific Plan Section 5.5 calls out four multi-family product types or building configurations that can be utilized in the new community: cluster single-family; townhouses, duplexes and four-plexes, and apartment buildings. The Plan further provides a highly detailed set of architectural design guidelines (Section 5.6) that ensures high-quality character, which is consistent with Land Use Policy LU-P-52 that states “Facilitate high-quality building and site design for multi-family developments … by creating and adopting design guidelines to be used in the development review and approval process.”
The Specific Plan has been designed in a manner that plots all multi-family residential designations within one-half mile of the two commercial nodes located at the corners of Shirk/Riggin and Akers/Avenue 320. Furthermore, all designations contain frontage or adjoining proximity to arterial roadways.
Neighborhood Commercial
The existing 11.4-acre Neighborhood Commercial designation on the site is the sole commercial designation serving the entire one-mile block that constitutes most of the project area. The Plan proposes to move its location within the plan area and reduce its size to 6.4 acres.
With this change, the designation is still consistent with all aspects of Land Use Policy LU-P-67. The policy states that shopping centers in Neighborhood Commercial areas shall have a total size of 5 to 12 acres, be no closer than one mile from other General Plan-designated Neighborhood Commercial or Community Commercial locations and be integrated with surrounding neighborhood uses in terms of design, with negative impacts minimized. The nearest General Plan designation from the proposed Akers/ Avenue 320 site is one mile away at the future intersection of Linwood & Shannon Parkway.
Commercial Mixed Use / Costco Warehouse
The Plan proposes a new 28.7-acre Commercial Mixed Use designation at the intersection of Shirk & Riggin to facilitate the development of an anticipated Costco Warehouse, gas station, car wash, and additional supporting commercial uses. The proposed change in land use and the conceptual development plan associated with the request is consistent with General Plan policies that pertain to Commercial Mixed Use. The land use designation is suitable for this location based on the site’s proximity to two arterial streets and the anticipated types of uses within the commercial site.
General Plan Policy LU-P-66, which in part states that the Commercial Mixed Use designation shall “allow for either horizontal or vertical mixed use development and a range of commercial, service, office, and residential uses”, does not provide any locational criteria.
Visalia’s existing Costco store is located at the intersection of Cameron & Stonebrook, which is designated as Regional Commercial on the General Plan land use and zoning maps. It would therefore be reasonable for the Regional Commercial land use and zoning designation to also be contemplated for the subject site.
A review of the City’s Land Use Element finds that either the Regional Commercial or Commercial Mixed Use designations could be considered for this site and use consistent with the Element’s policies. While the Land Use Element’s policies would not strictly prohibit placement of either designation at this corner, staff feels that a Commercial Mixed Use (C-MU) designation is better suited for the site and is still able to accommodate a Costco or another big box store. Being that the site would facilitate a second Costco store within Visalia, a case could be made that Costco is not a strictly regional land use in the context of Visalia. Unlike the Regional Commercial zone, the Commercial Mixed Use zone requires a conditional use permit for any single retail use exceeding 60,000 square feet.
Staff’s recommendation is based on C-MU designations that do tend to be freestanding at major intersections, whereas Regional Commercial is concentrated along corridors (i.e., Mooney, Cameron). The C-MU designation is also favorable since the concept plan proposed by the applicant, supported by the commercial tentative parcel map, shows a limited amount of smaller scale commercial pads along Riggin Avenue.
Staff further recognizes that the 28.7-acre C-MU designation is only being requested in order to accommodate a new Costco store at this location, and that staff’s support of a 28.7-acre designation is solely based upon the proposed Costco. As such, in the unanticipated circumstance that Costco decides not to build at this location, and if no alternative commercial tenant of similar size and compatibility is found to replace the Costco, staff would recommend through Draft Development Agreement Article 4 that a Specific Plan Amendment and General Plan Amendment be processed to reduce the gross acreage associated with the C-MU designation to approximately 10 acres or less.
Housing Accountability Act (Government Code section 66589.5)
The Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable general plan, zoning, and subdivision standards, including design review, if they were in effect at the time that the housing development application was deemed complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and that there is no feasible way to mitigate or avoid the impact (Gov. Code Section 65589.5(j)(1)).
The project is considered to be consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and single-family residential development standards. The lots proposed for the Carleton Acres Phase 1 subdivision meet density standards for the Low Density Residential land use designation and will be compatible with surrounding developed residential areas. Furthermore, the subdivision will develop a network of local streets, improve adjacent arterial public roadways, and construct new collector public roadways, thereby facilitating increased street connectivity to accommodate future growth areas.
Traffic Impact Study:
A Traffic Impact Study (TIS) was prepared for the proposed project (ref.: Carleton Acres Specific Plan Traffic Study. Ruettgers & Schuler, March 2023). The purpose of the study is to analyze traffic conditions related to buildout of the Carleton Acres and its projected level of service (LOS) at opening year and at five-year increments, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA). A roadway capacity analysis was conducted for Riggin Avenue between Shirk and Akers Street.
The TIS concluded that various intersection improvements are needed at 5-year increments, corresponding with anticipated build-out conditions at 5-year intervals. Intersection improvements are summarized in Table 1a (Table 3.17-15 in the EIR) and queue length improvements are summarized in Tables 7a, 7b, and 7c (Table 3.17-11 in the EIR).
Roadway improvements are also required in the form of widening Riggin Avenue between Shirk Street and Akers Street with the initial Phase 1 improvements (identified as “2023” conditions in the TIS).
Mitigation measures have been included in the Environmental Impact Report to address the roadway deficiencies described above. Measure TRA-1 requires the payment of Transportation Impact Fees based on the City’s adopted fee schedule, in tandem with the issuance of building permits. Measure TRA-2 requires that the project be responsible for paying its pro-rata fair share cost percentages and/or constructing the recommended on-site improvements and site improvements identified in the tables specified above.
At full buildout of the Specific Plan (identified as “2046” conditions in the TIS), all study intersections are expected to operate with minimal delay (at or above LOS D) during peak hours, both with and without project traffic, or can be mitigated to operate at an acceptable LOS, excepting for five intersections:
• Rd 67 / Betty Dr (Goshen / County of Tulare)
• Dinuba Blvd / Riggin Ave
• Akers St / Ferguson Ave
• Demaree St / Goshen Ave
• Demaree St / Mineral King Ave
As a result, even with implementation of all feasible mitigation measures, the project EIR concludes that full buildout of the Specific Plan will result in significant and unavoidable impacts.
A Vehicle Miles Traveled (VMT) analysis was also conducted using the Tulare County Association of Governments (TCAG) Model by comparing the project’s expected VMT per capita to regional averages, and ensuring that the City meets or exceeds the significance threshold of 84% of the existing regional service population for mixed-use projects. The Tulare County Region VMT is 28.2% based on the TCAG model, meaning that the Visalia threshold is 23.7%. The TIS concluded that the project’s VMT per service population is 18.5%, which is less than the Visalia threshold. Therefore, the project’s impacts to VMT are concluded to be less than significant under CEQA.
Riggin Avenue Widening
The project’s March 2023 TIS concluded that roadway improvements shall include widening Riggin Avenue from two lanes to four lanes between Shirk Street and Akers Street with the initial Phase 1 improvements.
A draft focused traffic study prepared in association with the Costco development (ref.: Visalia Costco Warehouse Focused Traffic Study. Kittelson & Associates, “Draft” August 2023) confirms the widening of Riggin to four travel lanes between Shirk and Akers is a suggested improvement with Phase 1.
Planning for the widening of Riggin has required extensive coordination efforts between the City, project applicant, property owner, and Southern California Edison based on multiple issues that include financial responsibility, utility pole relocation, and reimbursement.
Currently there are 15 utility poles along Riggin Avenue between Akers and Shirk Streets that will ultimately need to be relocated outside of the four planned travel lanes. Edison anticipates a June 2025 completion date for moving the utility poles, despite coordination efforts that have been ongoing for years. The project applicant has been actively working and submitting plans to Edison to coordinate street widening improvements and power pole relocation for the segment between Shirk and Roeben Streets.
The City’s interest to ensure the timely completion of the Riggin Avenue widening improvements along the entire project area frontage between Shirk and Akers Streets, particularly in anticipation of the addition of Costco, has resulted with the City partnering with the applicant to provide a coordinated approach toward construction and reimbursement of this major roadway. These terms are spelled out in the Draft Development Agreement’s Article 5 (refer to Attachment 10). The terms and responsibilities can be summarized as follows:
• Provided that Costco will be constructing on the 28-acre commercial site in the specific plan, the applicant (a.k.a. Developer) will facilitate the widening of Riggin to a four-lane divided road along the ¼-mile commercial frontage from Shirk Street to Denton Street, then transitioning to two lanes east of Denton Street.
• The City’s Capitol Improvement Project (CIP) division will facilitate the balance of the widening of Riggin Avenue from the transition described above easterly to Akers Street, anticipating that the City will be receiving Measure R Regional Funds and City Transportation Impact Fees to fund the widening. If the City’s CIP is delayed, then the Developer and City will discuss alternatives to complete widening this section, which remains a requirement.
The City will calculate the Developer’s proportional share of the project costs, and the Developer will then be responsible to reimburse the City for the actual design and relocation cost of the utility poles, and for the construction of the Riggin Avenue roadway segment. The Developer will reimburse the City incrementally upon the completion of certain developments within the Phase 1 portion of the project that they construct.
• The City may consider establishing an Area of Benefit to further assist with the widening of Riggin Avenue along non-project frontages that are currently unimproved and associated with those adjacent property owners (i.e., south side of Roeben, west of Akers).
• In the event that any land use is planned to be constructed and occupied prior to Costco’s occupancy, the Developer may continue to consult with the City regarding a phased widening of Riggin subject to the City’s acceptance of supporting analysis to demonstrate that such land uses will not require the full widening of Riggin Avenue.
The terms of the Development Agreement as presented are in “draft” form and would be finalized with the 2nd reading of the Ordinance adopting the Specific Plan. However, the Development Agreement as proposed here has been fully evaluated and revised to consider comments and concerns raised by the applicant.
Traffic Circulation and Street Improvements:
Street improvements to arterial, collector, and local roadways will be required within the specific plan area as development progresses. The full circulation plan for the entire project, including street cross sections, is shown in Specific Plan Section 7. Street improvements will be completed in phases, wherein the initial improvements related to the project will focus on the streets surrounding the single-family residential and mixed use commercial components in Growth Tier II. Phase 1 in the Specific Plan refers to areas in Growth Tiers I and II, while Phase 2 refers to area in Growth Tier III.
Phase 1
Arterial Streets. Shirk Street and Riggin Avenue are designated 110-foot wide arterial streets with four travel lanes at full buildout. Both roadways are currently improved as two-lane County roadways with only Riggin Avenue having frontage improvements on the south side. The commercial parcel map will provide irrevocable offers of dedication for these roadways. The initial development phase will improve these streets, resulting in a full width of Riggin between Shirk and Roeben Street and a 2/3 width of Shirk between Riggin and Shannon Parkway. The 2/3 buildout refers to two northbound and one southbound travel lane, wherein future development on the west side of Shirk will be responsible for completing the full improvements. Cross sections are shown on Specific Plan Figures 7.B through 7.E and in some cases incorporate bike lanes with a planter strip separation from vehicle travel lanes.
Collector Streets. Roeben Street and Shannon Parkway are designated 84-foot wide collector streets with two travel lanes at full buildout. Both roadways are currently unconstructed. The tentative subdivision map will provide dedication for the roadways to allow for 2/3 buildout along the Phase 1 frontages. In this context, the 2/3 buildout refers to full improvements on the development side plus an 18-foot median and travel lane in each direction. Future development on the east side of Roeben will be responsible for completing the full improvements. The north side of Shannon Parkway will be completed with Phase 2 of the Specific Plan. Cross sections are shown on Specific Plan Figures 7.J through 7.O and in some cases incorporate bike lanes with a planter strip separation from vehicle travel lanes.
As part of the pedestrian trail improvements, there will be a 12-foot wide pedestrian/bike path on the west side of Roeben west of the future high school. The cross section of Roeben shows the pedestrian/bike path being within the 84-foot right of way, with an additional 5-foot LL&D lot on the subdivision site.
Local Streets. Denton Street is a future 60-foot wide local street located on the east side of the Commercial Mixed Use site. The commercial parcel map will provide an irrevocable offer of dedication for Denton, and travel/parking lanes will be constructed with the commercial development connecting to Phase 1A of the single-family subdivision, with frontage improvements completed with adjoining development.
Sedona Avenue is a 60-foot wide local street that currently exists south of Ridge View Middle School and will ultimately extend westerly to Shirk Street. The applicant will be constructing Sedona west of Roeben with the single-family subdivision. The segment from Roeben east to the existing round-about is intended to be built with adjoining development. Cross sections are shown on Specific Plan Figures 7.P and 7.Q.
As part of the pedestrian trail improvements, there will be a 12-foot wide pedestrian/bike path along Prescott Avenue, parallel to Riggin Avenue, providing connection between the commercial, multi-family, and school uses. Cross sections shown on Specific Plan Figures 7.R and 7.S show the pedestrian/bike path straddle between the right of way and a landscape & lighting lot.
Phase 2
Future development in the Tier III portion will include the extension of improvements along Shirk Street, Roeben Street, and Shannon Parkway.
Additional improvements along the frontages of arterial roadways Akers Street and Avenue 320 (Kibler) will be installed with development in a 2/3 buildout configuration. Cross sections are shown on Specific Plan Figures 7.F through 7.I.
Phase 2 improvements include the Modoc Greenway improvements to be located within L&LD lots on the opposite side of Modoc Ditch from Shannon Parkway and Akers Street (see Specific Plan Figures 7.I and 7.N).
Development Standards:
In most circumstances, Carleton Acres Specific Plan proposes to follow codified standards contained in the Zoning Ordinance regarding lot size, setbacks, and so on. The Plan does not propose the utilization of small lots or private streets with the single-family residential portions of the Plan, and no specific development details have been proposed for any multi-family residential portions of the Plan. Subsequent development of the multi-family designated parcels could establish private streets if developed through a tentative subdivision map and conditional use permit.
The proposed setbacks and deviations to the City’s Zoning Ordinance standards are discussed here.
Single-family Residential. For single-family residential, the City’s Zoning Ordinance standards will be utilized, excepting for the rear yards.
In the tentative subdivision map, all lots will have lot depths ranging from approximately 105 feet to 115 feet, excepting lots located on knuckle street bulbs. These lots will also be required to utilize standard single-family residential setback standards but are permitted to have a 20-foot setback for front-loading garages.
|
Minimum Lot Area |
Front |
Side |
Street Side |
Rear |
|
5,000 sq. ft. |
15-ft. to habitable space. 22-ft. to garage |
5-ft. |
10-ft. |
60’ minimum lot width: 20-ft.; 7-ft. allowed if: • single story, • over 1,500 SF of useable open space in the rear, • minimum lot depth of 112’ and space for accessory dwelling unit |
|
|
|
|
|
50’ minimum lot width: 10-ft., with open space requirements: • 12% minimum of site area to be open space in the rear, including setbacks |
•
Rear yards. City standard rear yard setbacks are 25 feet with allowance for one-story structure to go to 20’ subject to open space requirements. The developer proposes allowing reduced setbacks as low as 7’ or 10’ due to the configuration of certain one-story residences that places open space equal or greater than the minimum rear yard setback area within a portion of the side/rear of the lot (an example is shown in the Figure 1 to the right).
Staff is granting this setback on the basis that all single-family zoned lots in the Specific Plan will be subject to this standard and that the site does not and will not directly abut other similarly zoned lots. Additionally, the open space that is traditionally contained within a rear yard setback area is still provided behind the residence.
Multi-family Residential. For multi-family residential, the City’s Zoning Ordinance standards will be utilized, excepting for the rear yards.
|
Minimum Lot Area |
Front |
Side |
Street Side |
Rear |
|
R-M-2: One unit per 2,000 sq. ft. R-M-3: One unit per 1,200 sq. ft. |
15-ft. to habitable space. 22-ft. to garage |
5-ft. (0-ft if attached) |
10-ft. |
10 to 25-ft.* |
*Criteria
Exception if the rear yard is to be used for parking.
Exception if open space is provided elsewhere.
Planned Unit Development with individual lots allow 0’ setbacks, overall development shall follow the above setback requirements.
3-R Cluster Lot Private Yards: Each building shall have a private yard. The yard should be 200 SF minimum. One side having a minimum 7’ wide dimension.
• Rear yards. City standard rear yard setbacks are 15 feet in the R-M-3 zone and 25 feet in the R-M-2 zone. The developer proposes allowing reduced setbacks depending on the product type if certain conditions can be met, as further summarized in the tables on Specific Plan pages 77 through 80. Staff is granting these setbacks on the basis that all multi-family zoned areas in the Specific Plan will be subject to this standard. The variation in the rear yard setbacks still require that common open space setbacks be met in accordance with City standards.
Agricultural Preservation Ordinance Requirements:
The 468-acre parcel that is outside of the City limits is in the City’s Tier II and III 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.
Annexation Information:
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 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 within Attachment 2.
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 2).
Public Hearing & Review held by Planning Commission:
The Planning Commission conducted a public hearing on September 11, 2023, to consider the project and requests for a tentative subdivision map and tentative parcel map on the project site. The affiliated staff report is provided as Attachment 13.
During the public hearing, comments were provided by representative of the project applicant as well as the project’s environmental consultant who led the preparation of the Environmental Impact Report (EIR). No persons or surrounding property owners spoke during the public hearing.
In providing comments for the projects, the Commissioners felt that the project’s concept was well thought out and commended the applicant’s choice to provide a range of lot sizes throughout the subdivision. Commissioner Peck indicated that for future large-size multi-phased development projects alternatives should be considered for introducing and considering large projects possible over multiple meetings. Commissioner Peck did ask for clarification and clarity that the project’s number of units does not equate to the maximum number of units allowed in each designation. Staff further clarified that the Specific Plan would not restrict the number of units within each land use or zone district, and that if the number of units were to increase based on actual development beyond the estimate in the Specific Plan, then staff would then have to evaluate if any additional environmental review would be necessary.
Planning Commissioners made a motion for each individual entitlement, and each item passed on a 5-0 vote, resulting in approval of the tentative subdivision map and tentative parcel map as proposed and recommendations that the City Council certify the EIR, approve the Specific Plan and General Plan Amendment, and initiate the Annexation request.
Correspondence:
The Planning Division received one item of correspondence prior to the Planning Commission public hearing on Friday, September 8, 2023. The correspondence received from an interested citizen raises various environmental concerns regarding the project and questions regarding the availability of certain environmental studies. It should be noted that the correspondence was released after the preparation to the Draft and Final Environmental Impact Report, and therefore the City is not under obligation to respond to the correspondence in the context of the EIR and CEQA. The e-mail received regarding these concerns is included as Attachment 14.
Fiscal Impact:
No impact to the City. Future development of the property will require the developer to pay development impact fees.
Prior Council Action: None.
Alternatives:
The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:
1. After opening and closing the public hearing, if the City Council seeks additional information, continue the agenda item to a City Council meeting on a specified date; or
2. Refer the matter back to the Planning Commission; or,
3. Deny the entitlements.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve Resolution No. 2023-48, certifying the Final Environmental Impact Report prepared for the Carleton Acres Specific Plan (State Clearinghouse Number 2021050418); and
I move to approve Resolution No. 2023-49, to initiate proceedings for Annexation No. 2021-05, including authorization of the detachment of property from County Service Area No. 1 and for the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners; and
I move to approve Resolution No. 2023-50, to approve General Plan Amendment No. 2021-14; and
I move to conduct the First reading of the approval of Ordinance No. 2023-10 for Specific Plan No. 2021-13 and the Development Agreement.
end
Environmental Assessment Status / CEQA Review:
A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2021050418), incorporated herein by reference, has been prepared in association with the Carleton Acres Specific Plan project, in accordance with the California Environmental Quality Act (CEQA). The City Council is asked to review the overall content of the Final EIR, the responses to the comments received to date, and consider any further testimony received during the public hearing. At the conclusion of the public hearing, the City Council will make a determination whether to certify the Final EIR and entitlements.
Significant and Unavoidable Impacts
The EIR has determined that all project impacts were either less than significant or could be mitigated to a less than significant level with the exception of the following impacts that are considered significant and unavoidable:
• Aesthetics - Degrade existing visual character (project and cumulative level)
• Agriculture & Forestry Resources - Loss of farmland (project and cumulative level)
• Air Quality - Conflict with Air Quality Plan / Exceed criteria pollutant thresholds (project and cumulative level)
• Hydrology & Water Quality - Water supply (cumulative level only)
• Transportation - Conflict with Plan/Program (project and cumulative level)
• Utilities & Service Systems - Water supply (cumulative level only)
Pursuant to CEQA Guidelines sections 15043, 15091 and 15092, the City, as the Lead Agency, may still approve a project for which the EIR identifies significant and unavoidable environmental impacts resulting from the project. This requires the adoption of a Statement of Overriding Considerations for each environmental impact that falls into the category of significant and unavoidable.
The decision to adopt a Statement of Overriding Considerations must be supported by factual documentation that supports the decision that:
1. There is no feasible way to lessen or avoid the significant impact; and,
2. Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project.
The findings and recommended conclusions for each of the six environmental analysis areas noted above are contained in the resolution recommending certification of the EIR.
Mitigation Measures
The EIR further disclosed mitigation measures that are incorporated into the project to reduce or avoid significant effects on the environment. The measures address the following resources:
• Two (2) mitigation measures pertaining to Agricultural for the loss of prime farmland and addressing conflicts between urban and agricultural uses.
• Three (3) mitigation measures pertaining to Air Quality for impacts during construction and for evaluating potential health risk impacts within close distance of sensitive land uses.
• Five (5) mitigation measures pertaining to Biological Resources for impacts of the project to special-status wildlife species (i.e., Sanford’s arrowhead, Swainson's Hawk, Burrowing Owl, nesting birds).
• 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.
• Two (2) mitigation measures pertaining to Geology & Soils for the submittal of plans for storm water pollution and pollutant discharge and for geotechnical analysis.
• Three (3) mitigation measures pertaining to Hazards & Hazardous Materials for the testing of potentially hazardous soil and groundwater and the identification of abandoned oil wells.
• Four (4) mitigation measures pertaining to Noise to address noise-sensitive land uses, construction of block walls along arterial roadways, installation of specific blowers for Costco’s drive-through car wash, and bus movements along public roadways.
• Three (3) mitigation measures pertaining to Transportation for the payment of transportation impact fees, paying pro-rata fair share cost percentages and/or constructing recommended on-site and site-adjacent improvements, and submitting a construction traffic control plan.
• Four (4) mitigation measures pertaining to Tribal Cultural Resources to address site inspections by a tribal monitor and measures in the event that resources are discovered.
Project Alternatives
CEQA Guidelines Section 15126.6 requires the consideration of a range of reasonable alternatives to the proposed Project that could feasibly attain most of the objectives of the proposed Project. This Draft EIR analyzed the following alternatives:
• No Project Alternative: Under this Alternative, the Project would not be constructed and the site would remain in agricultural production.
• Alternate Locations Alternative: Under this Alternative, the Project would be developed on a different site of similar size and scale.
• Reduced (50%) Project Alternative: Under this Alternative, the Project would be reduced by 50% (overall site acreage, residential units, commercial acreage, and recreational facilities).
Public Review
Circulation of the Draft EIR followed a Notice of Availability period wherein the Draft EIR was duly noticed and conducted for the project for a 45-day public review and comment period from May 4 to June 19, 2023. The City of Visalia is the lead agency for the preparation of the EIR. Three comment letters were received during this public review period, from California Department of Fish & Wildlife, San Joaquin Valley Air Pollution Control District, and Lozano Smith, Attorneys at Law on behalf of Visalia Unified School District. City staff and the consultant have prepared responses to the comments received (refer to the Final EIR, dated August 2023). The Draft Program EIR, including the technical appendices, all the comments received and the responses to these comments, constitute the Final EIR.
Attachments:
1. Resolution No. 2023-48 certifying the Final EIR.
2. Resolution No. 2023-49 initiating the Proceedings for Annexation No. 2021-05 and Detachment from County Service Area No. 1.
3. Resolution No. 2023-50 approving General Plan Amendment No. 2021-14.
4. Ordinance No. 2023-10 adopting Specific Plan No. 2021-13, and the Development Agreement.
5. Carleton Acres Specific Plan document
6. Plan Area Concept.
7. Carleton Acres Phase 1 Tentative Subdivision Map No. 5590.
8. Commercial Parcel Map.
9. Annexation Area.
10. Draft Development Agreement.
11. Memorandum regarding request for Tier 3 development.
12. Sewer Analysis.
13. Planning Commission Staff Report dated September 11, 2023.
14. Correspondence received.
15. Draft Environmental Impact Report.
16. Final Environmental Impact Report.
17. General Plan Land Use Map.
18. Zoning Map.
19. Aerial Map.
20. Location Map.
21. Carleton Acres Council PPT Presentation
22. CEQA Carleton Presentation
23. Consultant Carleton Presentation