Agenda Item Wording:
title
Request authorization to record the final parcel map for Site Plan Review (SPR) No. 2022-110, located on the southwest corner of East Sweet Avenue and North Ben Maddox Way (APN: 091-072-018).
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Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Keyshawn Ford, Assistant Engineer, keyshawn.ford@visalia.city <mailto:keyshawn.ford@visalia.city>, (559) 713-4268
Lupe Garcia, Civil Engineer, lupe.garcia@visalia.city <mailto:lupe.garcia@visalia.city>, (559)713-4197
Jason Huckleberry, Assistant Community Development 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 the City Council authorize the recordation of the final parcel map for SPR No. 2022-110, which was processed under Senate Bill 9 (SB9) which took effect January 1, 2022.
Summary:
The tentative parcel map, which was submitted through the City’s Site Plan Review process under SPR No. 2022-110, is the City’s first tentative parcel map seeking approval under Senate Bill (SB) 9, which took effect January 1, 2022. Under SB 9, known as the “California Housing Opportunity and More Efficiency” (HOME) Act, this bill streamlines the process for a homeowner to create a duplex or subdivide an existing lot. Typically, subdividing property is subject to the discretionary review and approval process (i.e., review and approval by the Planning Commission) but under SB 9, qualifying lot splits are only subject to a ministerial process (i.e., staff level review).
The parcel map as proposed per SPR No. 2022-110 is seeking to subdivide an 11,184 square foot parcel zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum lot area) into two parcels. Parcel 1 is 5,125 square feet while Parcel 2 is 5,587 square feet, which meet the minimum lot area for an R-1-5 zoned lot.
Background Discussion:
As briefly discussed under the summary section of this report, SB 9 took effect January 1, 2022. This law is two-fold in that it permits homeowners to build up to two homes on an existing parcel and permits a property owner to “split” (i.e., subdivide) their property into parcels on a ministerial basis. To be eligible for streamlining provided by this bill, a parcel must meet a specific list of qualifications as follows:
• Both newly created parcels must each be a minimum of 1,200 sf in size.
• The new parcels shall have approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel.
• The lot split cannot result in the demolition or alteration of a housing unit currently serving moderate, low, or very low-income household(s), or classified as a rent-controlled unit.
• The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last 3 years.
• The City must require an affidavit from the applicant which states that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.
• The parcel proposed for an urban lot split cannot have been created by a previous SB 9 urban lot split.
• Uses on a lot created by an urban lot split shall be limited to residential uses.
• The owner of the parcel being subdivided or another party acting in concert with the owner cannot perform an urban lot split on an adjacent parcel.
• Urban lot splits proposed pursuant to SB 9 must be approved ministerially (no public hearing or discretionary approval) and are exempt from the California Environmental Quality Act (CEQA).
The area subject to this parcel map is a vacant parcel located at the southwest corner of East Sweet Avenue and North Ben Maddox Way. The proposed parcel map is subdividing an existing 11,342 square foot parcel into two parcels. The current property owner will also develop each parcel with single-family homes with attached Accessory Dwelling Units (ADUs). The parcel map is dedicating right-of-way along Sweet Avenue and Ben Maddox Way for required frontage improvements. The single-family homes, ADUs, and associated improvements are currently under review with the City under Building Permits No. B226652, B226654, and B233125.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final parcel map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map; however, staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.
Fiscal Impact:
The recording of this final parcel map will have no fiscal impact. There are no Landscape and Lighting assessment districts required for this final parcel map.
Prior Council Action:
The land was initially subdivided under Parcel Map No. 544, which created the 11,342 square foot parcel. Parcel Map No. 544 was recorded on December 21, 1973.
Other: N/A
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the recordation of the final parcel map for SPR No. 2022-110 as proposed pursuant to Senate Bill 9.
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Environmental Assessment Status: N/A
CEQA Review:
CEQA does not apply to ministerial action, pursuant to CEQA Guidelines Section 15268.
Attachments:
1) Final Parcel Map
2) Location Map
3) Aerial Map
4) Development Disclosure Form