Agenda Item Wording:
title
Authorize the annexation and amendment of Landscape and Lighting Assessment District (L&LD) No. 20-04, “Walnut Park Estates”; and ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District (L&LD) No. 20-04 “Walnut Park Estates”, a subdivision located on the north and south sides of West Hillsdale Avenue between North Marcin and North Preston Streets (Resolution Nos. 2022-01, 2022-02 required).
body
Deadline for Action: 1/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Ather Razaq, Associate Engineer, ather.razaq@visalia.city <mailto:ather.razaq@visalia.city>, (559)713-4268
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. 2022-01 initiating the proceeding for amendment and annexation of Landscape and Lighting Assessment District No. 20-04; “Walnut Park Estates” and adopt Resolution No. 2022-02 ordering the improvements and levying the annual assessment for Landscape and Lighting Assessment District No. 20-04, “Walnut Park Estates”.
Summary:
The final map for Walnut Park Estates created 33 total lots (32 single-family dwelling lots and one remainder lot). Landscape and Lighting Assessment District (L&LD) No. 20-04 was formed levying the annual assessment on 33 lots. The City Council authorized the formation of L&LD No. 20-04 on October 19, 2020.
The four new lots (i.e., Lots 2, 3, 4, and 5 of the Hillsdale Southland subdivision) that are being annexed into L&LD No. 20-04, were created with the approval of the Hillsdale Southland Tentative Subdivision Map No. 5574, approved by the Planning Commission on May 26, 2020. The Hillsdale Southland subdivision modified the Walnut Park Estates subdivision by extending Burrel Court further to the east. The extension of Burrel Court facilitated local street connectivity to Lots 1 through 5 of the Hillsdale Southland Final Map. A copy of the Hillsdale Southland Final Map is included as Attachment 4 to this staff report. Please note, Lot 1 of the Hillsdale Southland Final Map was already included in L&LD No. 20-04 because this lot was originally created with the approval of the Walnut Park Estates subdivision (see Attachment No. 3 Walnut Park Estates Final Map).
Landscape and Lighting Assessment District No. 20-04 needs to be amended as a result of the addition of these four new lots. The following changes related to the assessment and annexation of existing improvements within Landscape and Lighting Assessment District No. 20-04 are required:
• Annexation of 0.90 acres into Landscape and Lighting District No. 20-04 consisting of four lots for single-family homes.
• Three landscape trees in the landscape setback along Hillsdale Avenue.
• Two street trees on Burrel Court.
• One streetlight on Burrel Court.
• 207 linear feet of block wall along Hillsdale Avenue.
• 6,100 square feet of pavement area (Burrel Court).
• 3,891 square feet of landscape area to be maintained.
• Removal of 21,540 square feet of asphalt pavement (i.e., Hillsdale Avenue).
(Attachment 5 provides an illustration and break down of the items noted above.)
Removal of Asphalt Pavement (Hillsdale Avenue)
Currently L&LD No. 20-04 also includes the maintenance of asphalt pavement on Hillsdale Avenue within the district boundary. Hillsdale Avenue is classified as a “Collector” road per the City’s Circulation Element and should not have been included in L&LD No. 20-04 to be maintained by the district. Only “Local” streets are included in the landscape and lighting assessment districts and therefore, staff has identified the need to remove 24,540 square feet of asphalt pavement (i.e., Hillsdale Avenue) from L&LD No. 20-04. The removal of the “Collector” status roadway from the district is consistent with the adjacent L&LD’s to the east and west of the Walnut Park subdivision, and per the City’s policy for only including local roads within the landscape and lighting assessment districts. Please note, Measure N and additional funds will be used to maintain Hillsdale Avenue pavement.
The Landscape & Lighting Assessment District No. 20-04 was reviewed and approved as to form by the Landscape & Lighting District Committee on September 30, 2020. Lots 2 through 5 of the Hillsdale Southland subdivision map are ready to be annexed into L&LD No. 20-04. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO requires that landscaping and irrigation plans be certified by a qualified entity (i.e., 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 plant and tree species, and by limiting the portion of landscapes that can be covered in turf.
Background Discussion:
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 a 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.
The City of Visalia would need permission from the individual owners in the existing district if the annexation of the new phase would cause the per lot assessment in the Engineer’s Report to increase, which is not occurring at this time. A total of 33 lots have been incorporated into the L&LD No. 20-04 district to date. This annexation would increase the total by four additional lots bringing the total number of lots for L&LD No. 20-04 to 37 lots.
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 annex to this district, (see Attachment No. 6 Application for L&LD Annexation Waiver of Hearing). The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.
The removal of pavement maintenance for Hillsdale Avenue is considered to be a substantial change to the existing improvements in the district. The Landscape and Lighting Act requires that when substantial changes are made to the improvements within a district a notice of hearing shall be given. Since the per lot assessment will decrease in the district, a notice of hearing was published in local newspapers to comply with the Landscape and Lighting Act of 1972 (section 22626).
Please note, the Hillsdale Southland Subdivision is located on the east side of the Walnut Park Estates subdivision. Landscape and Lighting Assessment District No. 21-03 was formed for the Hillsdale Southland subdivision levying the annual assessment to 41 of the 46 lots for this subdivision (i.e., lots 6 through 46 of the Hillsdale Southland Map, see Attachment 4).
Fiscal Impact:
The four additional lots will be contributing to L&LD No. 20-04, created for maintenance of common features related to the Walnut Park Estates subdivision. The estimated costs to maintain the district includes the costs to maintain any landscaping, street trees, landscape trees, streetlights, block walls, and pavement on local streets. 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 as noted above.
Committee/Commission Review and Action:
• On August 12, 2019, the Planning Commission approved the Walnut Park Estates Tentative Subdivision Map No. 5572.
• On May 26, 2020, the Planning Commission approved the Hillsdale Southland Tentative Subdivision Map No. 5574.
Prior Council Action:
• On April 19, 2021, the City Council authorized the recordation of the final map and formation of Landscape and Lighting Assessment District No. 21-03, “Hillsdale Southland”.
• On October 19, 2020, the City Council authorized the formation of Landscape and Lighting Assessment District No. 20-04, “Walnut Park Estates”.
• On July 20, 2020, the City Council authorized the recordation of the final map for Walnut Park Estates.
• On June 10, 1987, 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.
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the adoption of Resolution No. 22-01 initiating proceeding for the annexation and amendment of Landscape and Lighting Assessment District No. 20-04 “Walnut Park Estates”; and adopt Resolution No. 22-02 ordering the improvements and levying the annual assessment for Assessment District No. 20-04 “Walnut Park Estates”.
end
CEQA Review: Negative Declaration No. 2019-53, adopted August 12, 2019.
Attachments:
1. Resolution for Landscape & Lighting District
a. Initiating Proceeding for Annexation and Amendment, Clerk’s Certification, Resolution Ordering the Improvements,
b. Exhibit “A” - Assessment District
c. Exhibit “B” - Landscape Location Diagram
d. Exhibit “C” - Engineer’s Report
2. Location Map
3. Walnut Park Final Map
4. Hillsdale Southland Final Map
5. Amendment to L&LD No. 20-04
6. Application of L&LD annexation (Waiver of Hearing)