Resolution No. 2023-55
RESOLUTION NO. 2023-55
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF VISALIA TO INITIATE ANNEXATION NO. 2021-02: A REQUEST TO ANNEX
APPROXIMATELY 128 ACRES, LOCATED WITHIN THE CITY OF
VISALIA URBAN DEVELOPMENT BOUNDARY TIER 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.
THE PROPOSED PROJECT IS LOCATED SOUTH OF HOUSTON
AVENUE, EAST OF THE ROAD 148 (TOWER STREET) ALIGNMENT.
(APN: 103-110-024, 025, 026, 027, 028, 029, 032, 033)
WHEREAS, the project proponents approve to initiate proceedings for annexation to said city of territory described on the attached legal description and annexation map included as Attachment “A” of this resolution; 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) The annexation will 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) The annexation 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 5 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and,
WHEREAS, the Draft Environmental Impact Report (Draft EIR) for the East Side Regional Park and Groundwater Recharge Project , which considered impacts from Annexation No. 2021-02, was released on February 2, 2023, for circulation for a period of 45 days; and,
WHEREAS, the Final Environmental Impact Report ( Final EIR) for the East Side Regional Park and Groundwater Recharge Project , was released on October 9, 2023, and consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses Resolution No. 2023-55
of the City of Visalia to public comments on the Draft EIR; errata to the foregoing; and other information added by the City of Visalia as specified in the record; and,
WHEREAS, the California Environmental Quality Act (CEQA) required that, in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which in full are contained in Resolution No. 2023 -55 pertaining to the certification of the Final EIR prepared for the East Side Regional Park and Groundwater Recharge Project; and,
WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, did reviewed this proposal and hold a public hearing on October 23, 2023, and found it to be consistent with the General Plan; and,
WHEREAS, the City Council of the City of Visalia, after a 10 day published notice, reviewed this proposal and held a public hearing on November 20, 2023, and found it to be consistent with the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia finds that Final EIR for the East Side Regional Park and Groundwater Recharge Project, SCH# 2014121076, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings with regards 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 128 acres of AE -20 (Agricultural Exclusive 20 -acre) County zone district to QP (Quasi -Public) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.
3. That the parcel is not located within an Agricultural Preserve.
4. That the parcel will be annexed into Voting District 5 per the Council Election Voting District Map.
5. That the project is consistent with the project description contained in the Final Environmental Impact Report (FEIR) (SCH# 2014121076) for the project associated with this Annexation, specifically for development is identified and described in the East Side Regional Park and Groundwater Recharge Project, and for which said FEIR is recommended to be certified by the City Council precedent to the Planning Commission and City Council’s consideration of this Annexation reques t, consistent with the California E nvironmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.
Resolution No. 2023-55
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia requests the following actions:
1. Application is hereby made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit “A”.
2. Proceedings shall be taken for this annexation proposal pursuant to Title 5, Division 3, Part 3 of the California Government Code and other relevant provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
3. In conjunction with the proceedings being taken for this annexation proposal, application is also hereby being made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California, for detachment from County Service Area No. 1.
4. The Council hereby requests waiver of the conducting authority proceedings in accordance with Government Code Section 56663(c).
5. Upon annexation, the territory shall be zoned QP (Quasi-Public) zone, consistent with the underlying General Plan land use designations as proposed through the General Plan Amendment.
6. Upon annexation, the territory shall be assigned to Voting District 5, and the Election District Map adopted on February 22, 2022, per Resolution No. 2022 -11 shall be amended to reflect the new territory assigned to Voting District.
7. The City Clerk of the City of Visalia is authorized and directed to file a certified copy of this resolution with the Executive Officer of Tulare County LAFCO.
8. The East Side Regional Park and Ground Water Recharge project area be developed in compliance with the City Council adopted Site Master Plan Concept Plan B1 as identified in Attachment 4 of the City Council staff report dated November 20, 2023, and Figure 2-5 of the EIR.
Resolution No. 2023-55
Attachment “A” of City Council Resolution No. 2023-55
Annexation legal description and map
Resolution No. 2023-55