Agenda Item Wording:
title
Request authorization to initiate proceedings for the modifications of the Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38) (APN: 077-720-002).
body
Deadline for Action: 8/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Civil Engineer, lupe.garcia@visalia.city <mailto:lupe.garcia@visalia.city>, (559) 713-4197
Jason Huckleberry, Assistant Com Dev Director, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>,
(559) 713-4495
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that City Council initiate the proceedings for the modifications of improvements in Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38).
Background Discussion:
In 2020, plans for the development of Visalia RV Storage Park were submitted to the city under Building Permit No. B204641. The proposed development is a 5.7-acre RV storage facility with 157 stalls, a 2.7-acre space designated for a future self-storage facility, and 0.8 acres of land for the development of three single-family residences. The Conditional Zoning Agreement (CZA) No. 2019-10, requires the RV storage park development to relocate the existing pedestrian access trail from Elowin Street to the walking path around the City’s storm basin referred to as the “Piano Basin” to accommodate the three proposed single-family residences (reference the attached “CZA No. 2019-10 Plat”). Currently, the existing trail is part of the “Di Mello Toscana” Landscape and Lighting Assessment District 16-01 and requires authorization to modify the landscape and lighting district. In this instance, the amount being assessed against the landscape and lighting district would decrease.
Upon approval of Resolution No. 2023-38, seeking authorization to initiate proceedings for the modifications of Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana", staff would then come back to Council for their consideration requesting authorization for the modification of improvements and levying the annual assessments in Landscape and Lighting Assessment District No. 16-01, which will be presented as a public hearing item at the September 18, 2023 City Council meeting.
Under paragraph (a) of the California Streets and Highways Code, Section 22626, notification of the resolution pertaining to the Landscape and Lighting Assessment District No. 16-01 amendment will be published pursuant to the California Streets and Highways Code, Section 22552 and Section 22553. Under California Government Code, Section 6060 and 6061, the publication will be published one time at least 10 days prior to the September 18, 2023 City Council meeting in the Visalia Times Delta newspaper.
Modification of Landscape and Lighting District No 16-01:
The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowner’s associations for the maintenance of common features such as landscaping, irrigation systems, streetlights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.
On April 18, 2016, the City Council approved the formation of Landscape and Lighting Assessment District No. 16-01 “Di Mello Toscana”, including 116 lots. The City would need permission from the individual owners in the existing district if the modification of the existing Landscape and Lighting District No. 16-01 would cause the per lot assessment in the Engineer’s report to increase, which is not occurring at this time. The reduction in overall landscape square footage will result in a reduced annual assessment, to be determined by a formal Engineer’s Report.
Fiscal Impact:
The 116-lots will be contributing to the Landscape and Lighting Assessment District 16-01 created for maintenance of common features related to this subdivision. The new annual lot assessment is expected to decrease.
Prior Council Action:
• On December 16, 2019, the City Council approved the Second Amendment to Conditional Zoning Agreement No. 2005-02, per Conditional Zoning Agreement No. 2019-10.
• On April 18, 2016, the City Council approved for recordation the Final Map Di Mello Toscana and authorized the formation of Landscape and Lighting Assessment District No. 16-01.
• 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
Other:
• On October 28, 2019, the Planning Commission approved the Second Amendment to Conditional Zoning Agreement 2005-02.
• On June 26, 2006, the Planning Commission approved the Tentative Subdivision Map 5516 for “Di Mello Toscana”.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to initiate the proceedings for modification of the Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38). APN: 077-720-002.
end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1. Resolution No. 2023-38
2. Aerial Map
3. Di Mello Toscana Final Map
4. CZA No. 2019-10 Plat