Resolution No. 2022-42
RESOLUTION NO. 2022-42
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
VISALIA RECOMMENDING APPROVAL OF ANNEXATION NO. 2022-01
AND DETACHMENT OF PROPERTY FROM COUNTY SERVICE AREA
NO. 1, PERTAINING TO ONE PARCEL TOTALING 23.7 ACRES INTO THE CITY LIMITS OF VISALIA. UPON ANNEXATION, THE SITE SHALL BE ZONED R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT
MINIMUM) AND QP (QUASI -PUBLIC), WHICH IS CONSISTENT WITH
THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY
RESIDENTIAL AND PARKS/RECREATION. THE PROJECT SITE IS
LOCATED ALONG THE NORTH SIDE OF FERGUSON AVENUE
APPROXIMATELY 800 FEET WEST OF DEMAREE STREET (APN: 077- 190-007).
WHEREAS, the project proponents approve to initiate proceedings for annexation to said city of territory described on the attached legal description included as Attachment “A” of this resolution; and
WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, did hold a public hearing on September 26, 2022, and
WHEREAS, the proponent desires to annex said territory to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) W ill facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) Will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese -Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the territory proposed to be annexed is uninhabited; and
WHEREAS, the territory proposed to be annexed is located in Voting District 1 as identified in the Election District Map adopted by the City Council on February 22, 2022 per Resolution No. 2022-11; and
WHEREAS, the Planning Commission reviewed this proposal on September 26, 2022, and found it to be consistent with the General Plan; and
Resolution No. 2022-42
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures; and
WHEREAS, the Planning Commission hereby makes the following findings with regard to the project:
1. That the Annexation is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed Annexation, which will re -designate 23.7 -acres of AE -20 (Agricultural Exclusive 20-acre) County zone district to 21.68 acres of R -1-5 (Single- family Residential) and 2.02 acres of QP (Quasi -public zone) district, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.
3. That the Tulare County Board of Supervisors has approved, and the County of Tulare has processed a partial Williamson Act contract cancellation for Contract No. 2735 for the portion of the contract that applies to the subject parcel, and that the site is no longer burdened by a Land Conservation Contract.
4. That the parcel will be annexed into Voting District 1 per the Council Election Voting District Map.
5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2022 -04, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish, wildlife or their habitat.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt Mitigated Negative Declaration No. 2022-04 for Annexation No. 2022-01 and Victory Oaks Tentative Subdivision Map No. 5586 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Annexation described herein, subject to the following conditions:
1. Upon annexation, the territory shall be zoned Single -Family Residential zone, 5,000 square foot minimum lot size (R-1-5) and Quasi-Public zone (QP), consistent with the pre-zoning designated by the General Plan Land Use Map.
2. That the applicant(s) enter into a Pre -Annexation Agreement with the City which memorializes the required fees, policies , and other conditions applicable to the annexation. The draft Pre -Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2022-42. The agreement is subject to final approval by the City Council of the City of Visalia.