CITY OF VISALIA
CITY COUNCIL
September 16, 2024
ELLIOTT SUBDIVISION APPEAL & ANNEXATION
Request: City Council conduct a public hearing and consider the following actions:
Appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597.
Initiation of Proceedings for Annexation No. 2024-01.
Adoption of Initial Study / Mitigated Negative Declaration No. 2024-05 for the Annexation and Elliott Tentative Subdivision Map.
Authorize detachment from County Service Area No. 1.
Authorize the City Manager to enter into a Pre-Annexation Agreement.
STAFF RECOMMENDATION
City Council take the following actions:
Deny the appeal and uphold the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597.
Approve the Initiation of Proceedings for Annexation No. 2024-01.
Adopt Initial Study / Mitigated Negative Declaration No. 2024-05.
Authorize detachment from County Service Area No. 1.
Authorize the City Manager to enter into a Pre-Annexation Agreement.
SHIRK
ROEBEN
WALNUT
CENTRAL VALLEY CHRISTIAN
PERSIAN DITCH
TULARE
PROJECT SITE
SHIRK
ROEBEN
WALNUT
CENTRAL VALLEY CHRISTIAN
PERSIAN DITCH
TULARE
PROJECT SITE
Annex 59.13 acres into City Limits.
Divide into 225 single family residential lots.
5 outlots, including 4.15 acre park.
Developed in two phases.
PROJECT DESCRIPTION
SHIRK
ROEBEN
TULARE
CITY LIMIT BOUNDARY
AREA TO BE ANNEXED
PLANNING COMMISSION MEETING
July 22 & August 12, 2024.
Public comment received citing:
Impacts to traffic and wildlife;
Infringement, maintenance, & trespassing issues related to five-foot-wide strip of land.
Item 1 addressed via conditions/mitigation.
Staff directed to research Item 2, applicant directed to contact affected property owners of 5 ft. strip.
PROPERTY & CITY LIMIT BOUNDARY
EXISTING BLOCK WALL
PROJECT SITE
PLANNING COMMISSION MEETING, CONT.
Savannah Heights subdivision approved April 1993.
Agricultural buffer conditions:
Installation of 6-ft, 8-in-tall block wall, setback 5 ft. behind northern property boundary, maintained by homeowners.
Condition did not address “buffer area” removal in future.
PLANNING COMMISSION MEETING, CONT.
SJVH met with property owners July 2024.
Two proposals:
Lot Line Adjustment;
Shared payment for construction of new block wall.
Response mixed, most in favor of SJVH paying full cost for new block wall ($132,110).
Per SJVH full payment of block wall would pose an undue burden.
No agreement reached, no alternatives provided.
Staff conclusions:
SJVH made a good faith effort to resolve issue.
Cooperation/acquisition of properties cannot be compelled by City or SJVH.
No VMC requirement for block wall between R-1-5 zoned properties.
Planning Commission action:
Found that the project complied with General Plan, State Housing Law, Zoning, and Subdivision Ordinances Approved Elliott Tentative Subdivision Map No. 5597.
Recommended approval of Annexation No. 2024-01 to City Council.
PLANNING COMMISSION MEETING, CONT.
APPEAL OF SUBDIVISION APPROVAL
Appeal filed August 21, 2024 by six Savannah Heights property owners.
Appellants state that failure to address the five foot “buffer area” creates a hazard.
Development of subdivision will leave a 5 ft. by 1,200 ft. “No Mans Land” that will be difficult for emergency personnel to access.
The appeal requests that the City address the issue.
No opposition to the overall annexation/subdivision request is stated in the appeal.
LAND USE, ZONING, CEQA
Within Tier II UDB (LU-P-21)
3.8 units/acre density (LDR 2 – 10)
Compatible with subdivisions to south and east.
Subject to:
Ag. Preservation Ordinance.
Airport Land Use Plan noise requirements.
Oak Tree Preservation Ordinance.
CEQA Mitigation Measures
STREETS IMPROVEMENTS
Improvements to Collectors/Arterials:
Roeben – 42 ft. dedication/widening
Tulare – 42 ft. dedication/construction
Shirk – Up to 55 ft. dedication/widening
Will pay traffic impact fees for future signalization projects:
Intersections part of CIP.
Shirk/198 projects funded by late 2024, begin Fall 2025.
Shirk/Walnut project funded, begin January 2026.
PUBLIC COMMENT
Letters received from Jim & Carmen Martinez.
Impacts to traffic and wildlife;
Subdivision infringes on a prescriptive easement for a fence that encroaches into the project site.
Request single-story limitation on homes along the southern border of the project site.
PROPERTY BOUNDARY
EXISTING FENCE
PROJECT SITE
MARTINEZ SITE
Traffic/wildlife impacts addressed by mitigation.
Fencing issues are a civil matter.
Height limitation not appropriate per R-1-5 zone.
STAFF RECOMMENDATION
Staff recommends the City Council:
Deny the appeal and uphold the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597.
Approve the Initiation of Proceedings for Annexation No. 2024-01.
Adopt Initial Study / Mitigated Negative Declaration No. 2024-05.
Authorize detachment from County Service Area No. 1.
Authorize the City Manager to enter into a Pre-Annexation Agreement.
SHIRK
ROEBEN
TULARE
CITY LIMIT BOUNDARY
AREA TO BE ANNEXED