RESOLUTION NO 2024-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF ELLIOTT TENTATIVE SUBDIVISION MAP NO. 5597: A REQUEST TO SUBDIVIDE TWO PARCELS TOTALING APPROXIMATELY 59.13-ACRES INTO 225 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND ADDITIONAL OUTLOTS FOR LANDSCAPING AND A NEIGHBORHOOD PARK, TO BE LOCATED WITHIN THE R-1-5 (SINGLE-FAMILY RESIDENTIAL, 5,000 SQUARE FOOT MINIMUM SITE AREA) ZONE. THE PROJECT SITE IS LOCATED WEST OF SOUTH ROEBEN STREET, APPROXIMATELY 650 FEET SOUTH OF WEST TULARE AVENUE (APNS: 087-010-006, 008)
WHEREAS, Elliott Tentative Subdivision Map No. 5597 is a request to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue (APNs: 087-010-006, 008); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on July 22, 2024; and WHEREAS, during the July 22, 2024, Planning Commission meeting the Planning Commission requested that the project be continued to the August 12, 2024 Planning Commission meeting to provide staff and the project applicant with time to address concerns raised by the public regarding a five-foot-wide strip of land located between an existing block wall on six lots within the Savannah Heights Subdivision and the southern property boundary of the project site; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on August 12, 2024, and concluded said hearing on that date; and WHEREAS, the Planning Commission of the City of Visalia found the tentative subdivision map to be in accordance with the Visalia General Plan, Housing Element, Housing Accountability Act, Chapter 16.16 of the Subdivision Ordinance of the City of Visalia, and Chapter 17.12 of the Zoning Ordinance of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on September 3, 2024; and WHEREAS, the Council of the City of Visalia withdrew the item from the public hearing on September 3, 2024 due to the receipt of an appeal on August 21, 2024, requesting to overturn the Visalia Planning Commission approval of Elliott Tentative Subdivision Map No. 5598; and WHEREAS, the City Council of the City of Visalia, after ten (10) days of a published public hearing notice held a public hearing before said Council on September 16, 2024; and WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Mitigated Negative Declaration No. 2024-05 (State Clearinghouse No. 2024051257) for Elliott Tentative Subdivision Map No. 5597 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Visalia approves the proposed tentative subdivision map based on the following specific findings and based on the evidence presented:
That the proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained are consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21 of the General Plan. Policy LU-P-21 allows for the “annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”.
That the proposed Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent land uses. The project site is bordered by existing residential development, an arterial street, and two collector streets.
That the site is physically suitable for the proposed tentative subdivision map. The Elliott Tentative Subdivision Map No. 5597 is consistent with the intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision establishes an arterial, collector, and local street pattern that will serve the subject site and the future development of vacant parcels located to the north and west of the subject site.
That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the underlying Low Density Residential General Plan Land Use Designation. The proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvement and design, and the conditions under which it will be maintained is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21.
That the proposed Elliott Tentative Subdivision Map No. 5597, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 225-lot subdivision is designed to comply with the City’s Engineering Improvement Standards for major streets. The development of the site with a 225-lot single-family residential subdivision will improve arterial and collector streets (South Roeben Street, West Tulare Avenue, and South Shirk Street), and extend local streets, infrastructure improvements, utilities, right-of-way improvements and a residential lot pattern consistent with existing residential development found in the area.
The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances. The proposed location of the subdivision is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility. The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.
The proposed project will result in the creation of a new single-family residential development at a density of 3.8 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits.
The Housing Accountability Act (GC section 66589.5) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact. There is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and development standards.
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. 2024-05 (State Clearinghouse No. 2024051257), is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
That the applicant, San Joaquin Valley Homes (SJVH), has made a good faith effort to remove a five-foot strip of land located between the project sites southern boundary and an existing block wall on six lots within the Savannah Heights Subdivision, but was unable to forge a consensus amongst the affected property owners to either participate in a Lot Line Adjustment or to share in the costs to construct a new block wall on the shared property boundary. Staff further notes that neither SJVH nor the City can compel the affected Savannah Heights property owners to cooperate with the applicant, nor require SJVH to acquire properties it does not own in order to facilitate removal of the five-foot strip of property. Furthermore, there is no codified development standard within the Visalia Municipal Code that requires a block wall to be constructed between R-1-5 zoned sites.
BE IT FURTHER RESOLVED that the City Council hereby denies the appeal and upholds the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597 on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Section 16.16.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:
That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2023-131 incorporated herein by reference.
That the Elliott Tentative Subdivision Map No. 5597 be prepared in substantial compliance with the subdivision map in Exhibit “A”.
That setbacks for the Elliott Tentative Subdivision Map No. 5597 shall be as follows:
Minimum Lot AreaFrontSideStreet SideRear5,000 sq. ft.15-ft. to habitable space. 22-ft. to garage, except on curvilinear lots 20-ft. to garage.5-ft.10-ft.25-ft. City standard rear yard setbacks are 25 feet with allowance for one-story structure to go to 20-feet subject to open space requirements.
That approval of the Elliott Tentative Subdivision Map No. 5597 shall not become effective unless Annexation No. 2024-01, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO), and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2024-01.
That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.
That the applicant shall consult with City of Visalia Engineering Development Division and Traffic Engineering Division and comply with any requirements for adequate design and improvement of the proposed local, collection, and arterial streets. The applicant shall redesign Street 6 to comply with the 60-foot width requirement for local streets.
That the applicant shall comply with the Tulare County Comprehensive Airport Land Use Plan and noise requirements therein prior to issuance of a building permit for the tentative subdivision map. This is subject to a requirement that, in areas where aircraft noise is expected to exceed 60dB CNEL, inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.
That the block walls located within the Landscape and Lighting District lots shall transition to three-foot height within the 15-foot front yard setback areas of the adjoining residential lots identified as Lots 49, 50, 63, 64, 105, and 135.
That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lots 44 (1618 South Jacques Court), and 1627 South Roeben Street (APN: 087-442-040). For Elliott Subdivision Lot 1, the block wall shall transition to a three-foot-tall block wall within the 15-foot front yard setback area. The walls shall also be maintained by the Lighting and Landscape District for the Elliott Tentative Subdivision Map No. 5597.
The applicant shall coordinate with the Persian Ditch Company and shall comply with all its requirements for the installation of improvements to the Persian Ditch within the project site.
The applicant shall comply with all requirements of Visalia Municipal Code Chapter 12.24 (Oak Tree Preservation), for the removal of any Valley Oak trees from the project site.
That the Mitigation Monitoring and Reporting Program and its mitigation measures adopted with the Initial Study / Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257) and all conditions of the Elliott Tentative Subdivision Map No. 5597, including the following conditions in response to the Department of Toxic Substances Control (DTSC) comment letter be met during construction and upon final occupancy and ongoing operation of the project:
That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).
That the applicant shall consult with the City of Visalia Parks and Recreation Department and shall comply with all requirements for development of the park on Outlot E, which will include designing and installing amenities for the future park.
That the temporary stormwater basin located on Lots 37 through 43, and Lots 186 and 187, shall be maintained onsite until a permanent regional ponding basin is established to service the development.
That the project be developed in substantial compliance with all improvements depicted and described in Exhibits “A” through “G”.
That the developer shall inform and have future homeowners of the Elliott subdivision sign and acknowledge Tulare County’s “Right to Farm” Ordinance. This informs future residential owners that the farming operations located to the north and west, which are located in Tulare County, are protected and cannot be declared a nuisance if operating in a manner consistent with proper and accepted customs and standards.
That all applicable federal, state, regional, and city policies and ordinances be met.
Resolution No. 2024-49