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HomeMy WebLinkAbout _ 4.11(c)--LMD 01-23 (Rancho Industrial Park) Formation GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: February 7, 2023 FROM: Chuck Aukland,Public ITEM NO. 4.11(c) Works Director ***APPROVED BY*** � ��n � .�.._ s.N,.�� � � � ��� ukl�n�l,H'ciblic Wc�aks L'��reGt ' 1/?{�/2423 ry ip}�in,�C"i ana � L,'30/2423 caulcland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4.ll(c)--Resol�ution of Intention to form Landscape Maintenance District O 1-23 (Rancho Industrial Park), approving the Engineer's Report, confirming the Map for Landscape Maintenance District 01-23, Approving the mailing of notices and ballots; and setting the Public Hearin and Election for A ri14, 2023. Recommendation Adopt Resolution of Intention to form Landscape Maintenance District (LMD) 01-23 (Rancho Industrial Park) and approve the following: (1) Engineer's Report as �iled with the City Clerk; (2) Confirmation of the map of the assessment district contained in the Engineer's Report; (3) Mailing of notices and ballots; and (4) Setting the Public Hearing and Election for Apri14, 2023, at 6:00 p.m., in the City Council Chambers located at 777 Cypress Avenue, Redding, California, regarding the formation of LMD 01-23 (Rancho Industrial Park)pursuant to the Landscape and Lighting Act of 1972 and Government Code 53753(b). Fiscal Impact Generally, LMDs are self-supporting, and there are no fiscal impacts to the City of Redding's (City) General Fund. Alternative Actzon The City Council (Council) may choose to decline to create a new district and direct staff to make changes to the Engineer's Report. This alternative will require the identification of an alternative funding source to provide the required maintenance so as not to become a General Fund obligation. Report to Redding City Council January 32,2023 Re: 4.11(c)--LMD 01-23(Rancho Industrial Park) Formation Page 2 Background/Analysis Like many cities in California, the City utilizes LMDs to fund the maintenance of landscape and other improved areas that directly benefit residential and commercial developments. Use of LMDs ensures that the inajority of maintenance responsibilities are borne by new growth and not the General Fund, and it is allowable under the Lighting and Landscaping Act of 1972. Parcel Map PM-2018-01476 (Parcel Map) Condition of Approval Requirement No. 22 requires the property owners within said subdivision to consent to the formation of and participation in an LMD. The LMD will fund maintenance and upkeep of the following amenities: 1. Landscape and irrigation features along the south side of Rancho Road and entry into the development; 2. Block wall along the Rancho Road and Airport Road frontage; and 3. Stormwater treatment facilities as required by Condition 10. The proposed formation of LMD O1-23 will affect a total of 21 industrial parcels. To provide for this formation, the Council will be required to adopt the attached Resolution accomplishing the following: 1. Declaring the Council's intention to form LMD 01-23 and levy and collect assessments; 2. Approval of the Engineer's Report for LMD 01-23; 3. Confirmation of the map of the assessment district contained in the Engineer's Report; 4. Confirmation and approval of the annual assessment of$64,510 for the LMD based on the Engineer's Report for Fiscal Year 2023-24, pursuant to the Landscaping and Lighting Act of 1972, equating to $3,071.90 per benefit unit; and 5. Approval of the mailing of notices and ballots to the property owners within the proposed boundaries of the LMD and setting the public hearing and election for Apri14, 2023. Should the Council approve the resolution, staff will proceed with formation procedures to establish LMD 01-23. The Lighting and Landscape Act of 1972 requires ballots be mailed to each property owner and allows the Council to form the district if a simple majority of the ballots that are returned favor the formation of the LMD. If the formation is approved, results will be provided to the Shasta County Assessor's Office. The new levy will be placed on the property owners' property tax bills in December 2024. The owner has agreed to maintain all LMD landscape features until the first assessment is collected by the City. The assessment, for LMD 01-23, wi11 include a contingency for the Council to annually consider a cost escalation tied to the "20 Cities Construction Cost Index" from the most recent March Engineering News Record effective July ], 2024, and ev�ry Ju1y thereafter. Environmental Review This action is not a project as defined by the California Environmental Quality Act, and no further action is required. On September 24, 2019, the City of Redding Planning Commission adopted a revised and recirculated Mitigated Negative Declaration and approved the project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074 (CEQA). Report to Redding City Council January 32,2023 Re: 4.11(c)--LMD 01-23(Rancho Industrial Park) Formation Page 3 Council Priority/City Manager Goals • This is a routine operational item. Attachments ^Resolution ^Location Map ^Boundary Map Engineer's Report(Unsigned) 9-24-2019 Staff Report_Planning Commission RECORDING REQUESTED BY: City of Redding WHEN RECORDED RETURN TO: City Clerk City of Redding 777 Cypress Avenue Redding CA 96001 RESOLUTION NO. 2023- LANDSCAPE MAINTENANCE DISTRICT 01-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING: (1) DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT 01-23 AND LEVY AND COLLECT ASSESSMENTS. (2) CONFIRMING THE MAP OF THE ASSESSMENT DISTRICT AND APPROVING THE ENGINEER'S REPORT. (3) APPROVING THE MAILING OF NOTICES AND BALLOTS. (4) SETTING A PUBLIC HEARING AND ELECTION DATE OF APRIL 4, 2023, REGARDING LANDSCAPE MAINTENANCE DISTRICT 01-23. WHEREAS: A. The Engineer has filed his Report with the City C1erk pursuant to Streets and Highways Code Section 22565, et seq., setting forth a full and detailed description of the improvements, the boundaries of the proposed assessment district and any zones therein, any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land within the proposed district; and B. The purpose of the proposed district is to provide maintenance associated with the landscape improvements and vegetation management areas as conditioned by Parcel Map PM-2018-014'76 Conditions of Approval. Condition 22 requires the formation of a landscape maintenance district; and C. The City Council proposed to levy the proposed sp�cial assessment based on a uniform special benefit and assessment methodology over all developable lots within the proposed district; and D. Only costs for landscaping; drainage, mulching; vandalism abateinent; vegetation management; repairs to the irrigation system; drainage system, electric and water charges; replacement of vegetation as necessary; removal of trimmings, rubbish, and debris and other improvements to remove or cover graffiti; administrative costs; and such other maintenance and incidental expenses of like character and nature as authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed. Pursuant to Government Code Section 53739, the amount of each fiscal year's assessment shall be adjusted for inflation in an amount not to exceed that provided by the "20 Cities Construction Costs Index" from the most recent March Engineering News Record and shall become effective July l, 2024, and every July 1 thereafter; and E. This Resolution satisfies those requirements set forth in the Streets and Highways Code Section 22587 and the notice requirements set forth in Government Code 53753(b); NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: L That the foregoing recitals are true and correct and are adopted herein. 2. The City Council hereby declares its intention to order the formation of Landscape Maintenance District 01-23 and levy and collect assessments. 3. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves the Engineer's Report, as filed with the City Clerk, and thereby confirms and adopts the map of the assessment district contained in the Engineer's Report. 4. The City Council fmds that the Engineer's Report has fairly and properly apportioned the costs of the improvements to each benefit unit in the district in proportion to the estimated benefits to be received by each benefit unit from the improvements. 5. Notices and ballots will be mailed upon acceptance of this Resolution, and public hearing and election will be held on Tuesday, April 4, 2023, at the hour of 6 p.m., or as soon thereafter as the matter may be heard,in the City Council Chambers located at 777 Cypress Avenue, Redding, California to address the proposed assessment for Fiscal Year 2023-24. The proposed annual assessment for the entire district is $64,510.00 and the annual assessment per Benefit Unit (each parcel) is $3071.90. The reason for the assessment and the underlying basis for computing the amount of the assessment is set forth in the Engineer's Report which can be obtained from the City Clerk at the above address. The assessment is subject to annual inflationary inereases in accordance with cost of living index known as the "20 Cities Construction Cost Index." The annual assessments shall have an indefinite term and will continue until such time as the district is disestablished, if ever. 6. Pursuant to Government Code section 53753, protests against the formation of the maintenance district may be filed with the City Clerk or presented no later than the conclusion of the public hearing set by this resolution. A ballot must be filled out and returned the same no later than the close of the public hearing referenced above. The assessment will not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment,with ballots weighted according to the proportional financial obligation of the affected property. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting o�the City Council of the City of Redding on the 7th day of February, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MICHAEL DACQUISTO, Mayor ATTEST: APPROVED AS TO FORM: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney , � . ; � � 1 ! _ � + '� — - - - � � __ _ � � i . � �� — � �—. .� . , � - , � � SHASTA COUNTY ' � � -� � � �"� �� _ - ��_�,_ - • �� � � � OF REDDING I Q � -. � - � �. 1 ; ( . _�—.1—� 1— � , — _ � -r � � � _ . , , , , , � ' i � I � ;, i (� � � � I i �. � � ' �. � � i _ ( � i� I� - , � � �,�NcHa � � '�Roa� � SIT� � ' � , , , , � a..� � �� .--.--.--.— . .--.---- , � . z , �. , 1 '- � �. � . . , , � v `���, �, � __ � , o G , �`r- i , , , � � �� Q , � �,[' � i, O . _ ,, � � . , ; _ , � � � � � � , _ - ; � � � � � ; o - - � -- --i - ' � O _ ( � � .. _ _ _ ; - � O , i � ,, I � - _ �t _ , . I I � 1 _ _ , � ; , , , , , , _, � ._ _ � � i ,1 � , F � �. ��� �� - � ; _ _ _ ' �������� M I�LL ��� ; i — — a �. ��, ; i � . , ; , � � � ��� � I ��AN E \�- � ' — — , ; _ � — 5�P5����� � ` REDDING MUNICIPAL 0 : � AIRPORT ENGINEERING DIVISION LOCATION MAP LANDSCAPE MAINTENANCE DISTRICT LMD 01-23 o Soo 1600 RANCHO INDUSTRIA� PARK ExH�B�r DWG. N0: 1 OF 1 �MD 01-23 JANUARY 2023 RANCHO AND AIRPORT ROADS NOTE: For the precise nature and location of improvements NOTE: For a detailed description of the maintained by the District, refer to documents and mapping lines and dimensions of lots or parcels on file with the City's Engineering Division. shown on this map, refer to the County assessor's maps which shall govern with -o-o--�-�- LANDSCAPE IMPROVEMENTS - 29,590 S.F. f respect to all details concerning the lines — TREES and dimensions of such lots or parcels. — P1�4NTS ASSESSOR PARCE�S� 054-200-072 — SHRUBS i — IRRIGATION SYSTEM �� I � — COBBLE , I — GRAVE� � --------- BLOCK WALL — 1,600 L.F. f ; ; I i ! `'r�'J���" STORM TREATMENT FACILITIES — 15,770 S.F. f ' ! � 4��-�s;�<-� I • CATCH BASIN �, �, � i I � i I j i ' i �, i I ! ! I ! i i I � I i DISTRICT BOUNDARY '� i i RANCNO ROAD .''� : : . O o � 5 . � 0 , 1 3 ;o � � e o � o i o O O O �� o Q � � � � , �� O � � Ww 4 � zw 7 ; O �� ''';, � ; �(j i � ; P�1PT��N MCKE�JZIE AVE�JUE ; � � � ._— . ', Q 21 20 19 18 17 16 15 14 13 12 11 NORDONA ROAD . DISTRICT BOUNDARY _ � _ _ _ i i i � il � ; I ; i � ; _ _ _ _ _ _ SOURCE: ENGINEERING DIVISION B 0 U �l D A R Y M A P LANDSCAPE MAINTENANCE DISTRICT �MD 01-23 gENEFIT o zoo 400 UNITS: FEET AIRPORT AND RANCHO INDUSTRIAL �w�. No: �arE: PM-2018-014�6 21 LMD N0. 01-23 JANUARY, 2023 ■ ' . . ' ' Rancho Road Industrial Park Fisc�l Year ZOZ3-Z4 f'rep�red under the provisions ofi the City of Redding Municip�l Code and the L�ndsc�ping & Lighting Act ofi 1972 ofi the ��lifiorni� Streets & Highw�ys Code � Prep�red by � � � � Chuck Aulcland, I'E � � � �� � City Engineer �������.��..����.��t.�_����fi� J�nu�ry ZOZ3 Certificates The undersigned respectfully submits the enclosed Engineer's Report as directed by the City Council. DATED: July , 2023 By: Chuck Aukland, PE Assistant Director of Public Works/City Engineer I HEREBY CERTIFY that the enclosed Engineer's Report and Assessment Diagram was filed with me on , 2023. City Clerk of the City of Redding County of Shasta By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Redding, on , 2023. City Clerk of the City of Redding County of Shasta By: City of Redding Landscape Maintenance District -District 01-23 Page 1 Overview The purpose of this report is the formation of Landscape Maintenance District 01-23 "District" and setting the budget and assessments for the upcoming fiscal year. The District is authorized and will be administered under provisions of the City of Redding Municipal Code Section 17.60.130, the "Landscaping & Lighting Act of 1972" (California Streets & Highway Code §22500 et. seq.), "Proposition 218" (Article XIIID of the California Constitution), and the "Proposition 218 Omnibus Implementation Act" (California Senate Bill 919). The aforementioned are collectively referred to as "Assessment Law." This Engineer's Report addresses the annual maintenance of identified improvements and storm drain management areas within the District. Part A: Assessment Map (See Part A Attachment) The District is located in the City of Redding, County of Shasta, State of California. The District boundary generally encompasses the Airport and Rancho Industrial Parcel Map PM- 2018-01476 (Parcel Map) and is depicted on the Part A Attachment. Part B: District Improvements and Estimated Maintenance Expenses (See Part B-1 and B-2 Attachments) The estimated maintenance expenses for the District include the total costs of maintaining and servicing landscaping amenities, block walls and stormwater treatment features within the District's improved areas. Table 1 provides a summary of the general improvements in the District. Table 1: General Im rovements Descri tion A roximate Dimensions Landscape amenities at entrance and along South parkway of 29,590 S.F. Rancho Road Block/ sound wall 1,600 L.F. Stormwater Treatment Features 15,770 S.F. The plans and specifications for the identified improvements are on file in the City's Development Services Department.The plans depict the stormwater treatment facilities, block walls,plant materials, irrigation system, and otherfacilities and appurtenances. The plans and specifications are hereby incorporated into this report by reference. In addition, the improvements are conceptually depicted on the Part A Attachment. The day-to-day landscape maintenance is generally accomplished through a contract with a private landscape maintenance company and includes, but is not necessarily limited to weed control, replacement of mulch, plant and tree maintenance and replacement. In addition, other estimated landscape maintenance costs include electric/water usage, and irrigation repair. The maintenance costs included in the Part B Attachment are estimates. The actual costs may vary and will be determined based on the needs by the City of Redding Parks Superintendent. City of Redding Landscape Maintenance District -District 01-23 Page 2 The Stormwater Treatment Facilities consist of two features contained on Lot 10 and Lot 21 of the Parcel Map. General maintenance will be performed by City of Redding Storm Drain Utility crews and will consist of high pressure washing of the perforated pipes and replacing inlet screens every three years. Three associated catch basins will be cleaned by a vacuum truck twice a year. When required, a full replacement of the Stormwater Treatment Facilities will be perFormed through a contract with a private contractor. The replacement will include replacement of 1 '/2" drain rock, non-woven filter fabric, perforated pipe and 3 catch basins. The estimated life of the Stormwater Treatment Facilities is 25 years. The initial expense to install the improvements will be borne by the developer at time of development. No bonds will be issued in connection with this District. Part C: Landscape Maintenance District Assessment and Levy Calculation The assessments are authorized to be indexed (increased) annually based on the published 20 Cities Construction Cost Index compiled by Engineering News Record. The actual per lot levy is the lesser of the amount calculated to be needed for each benefit unit (total funds needed divided by number of benefit units) and the maximum authorized assessment. The levy is the amount that will be assessed on each benefit unit and will be calculated on a yearly basis. In the event that assessment revenues are insufficient to cover the cost of annual maintenance activities, services may be reduced to avoid a deficit. Part D: Analysis of Benefits of Properties Being Assessed Consistent with City Council Policy Number 1705 (Procedures and Policies Governing Landscape Maintenance Districts), construction and maintenance of the identified improvements were conditions of development for the subdivision. The landscaping amenities beautify the community by improving the unpaved areas that would otherwise become overgrown and unsightly. The improvements are comprised of landscaped areas with a mixture of trees, shrubs, drain rock, mulch, an irrigation system and other associated amenities (requiring ongoing maintenance, repair, and weed abatement). Stormwater treatment facilities remove oils, chemicals and sediment from stormwater before it is discharged to ground and surFace water. Improvements contribute both to the beautification and the marketability of the lots within the subdivision. These are the special benefits conferred upon each assessed lot within the District. These "special benefits" received by the identified parcels are above and beyond the City's standard level of service and are exclusive of the general benefits provided to the public at large or properties located outside the District. City of Redding Landscape Maintenance District -District 01-23 Page 3 Part E: Method of Apportionment The law does not require lots to be contiguous to the improvements, only that the assessment is distributed across all lots in proportion to the degree of special benefit received from the improvements.The proposed apportionment methodology is based on a uniform special benefit and assessment over all developable lots within the District. The total number of benefit units (lots) may vary from fiscal year to fiscal year due to parcel changes and/or land use reclassifications. The total number of benefit units is 21. The total estimated expense from the Part B-1 and B-2 attachments is $64,510. Therefore, the maximum assessment per benefit unit is $3071.90. Part F: Assessed Parcels (See Part F Attachment) The Part F Attachment contains a list of the Shasta County Assessor's Parcel numbers within the Assessment District for Fiscal Year 2023-24. The Assessment Roll is filed in the Office of the City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Shasta County Assessor, which are incorporated herein by reference. City of Redding Landscape Maintenance District -District 01-23 Page 4 PART A ATTACHMENT . ��'��: �C7C��1�}7PE'�t����i.kt�� �B"�� ��C�!'�1�1�"I t7��1�1'1�9q'�VLt�'���3�5 (�1���: Ff31'�CI���B��C�����t'l��1�5C�4����1� ��ir�t��r���# ����� L�E�tr��t, r���r to��acurr��r�����d r�appin� I�r������dirr��n���r�s�f��t�c�r par��l� ' �r��I�v,rit���� �it��� �n��r���ren� I�iv��i�rr�. sh�rv�ra +�r�this r��pN r�f�r t�th����ar�ty ���e��c�r`��ap��h��h ��a�� �c���rt� +�r�h L��JQ���41�E IMF'��'u��A�h��� � ������ �'.�". t r��p��t��II c����il������rr�ir�g�h�16��� _ `M�EE� �nd'dt�+�r�s�ans���u�h I�ks�r p�r��l�. --- P� A�'�E PA.���L�. -�C�-[�7� -.. SF�RU�S — IRd�I�Ti�P� �M — �E��l:E w., �F��L ..,�.�.�..,, ��flCl� VYALL .� �F6�{� l..F, � ' =- "��m�� ��QR�+( ��� �d�� �A��kLI`f'I�� — ��y�'7� �.�. � ; ��T�H ph� I ° I�I�T���GT ���F�U'�t�'''�-4, , , � , • _ ._ . .. �� ,_ ___ _ y ��,��F-I� ���L� _ ' . � --- ---:�= r���__., _. � ___�_���� �,.� ��,�,�� �, � .� � , . - r �r � � � � �,4 yF, - 1 /�� y � i�,�. � . � � � +r� �' ���� > � 4`✓ �u , C�, 1 . _. ..... � � .__. _ C � � � �!� j��^/^��. 1._ �. � :' ��, �� � � � 1 � �� � � � �� � .� .. . .. . . - ..... ._... � ... � � �`vrt�.���� �+Il���f��f�: A1�+�h�Jl�1� �� � " � � �[ �� �.� �� �� �� �� �� �� �� �� � � I��#��Of�r� R��a d..... __ �°—��,�'����� ����a��` � e � ������. ���@���F�IN� C71'�151�� � �� � ��� � �� LAfJC���;AP� P�.�16�T�N�,�C� aI�TRI�� t�C7 C�1 2� �����CT a ��a ���, NJN 1�5,. �'� Fa��'�'C�R� �N� �Af�J�HC� 16�[�U��R1�[� �w��. n��� o���. �� �+� r��. �,-�� JA�lIJ��Y. 2�?�3 pNl-_-2�]1�-����7F City of Redding Landscape Maintenance District -District 01-22 Page 5 PART B-1 ATTACHMENT Estimated Cost of Maintenance for Fiscal Year 2023-24 Landscape Maintenance District 01-23 Rancho Road Industrial Park FY 2023-24 Estimated Expenses Section 1 Estimated District Maintenance Expenses 1. Estimated cost of unscheduled expenses for fiscal year (including repairs, replacement and vandalism) A. Miscellaneous maintenance: 11,000 B. Mulching(every other year, 50%of total): 500 C. Irrigation Repair: 500 D. Tree Maintenance (tree pruning on 5 year cycle): 1080 E. Plant replacement: 150 F. Block wall: 1,000 G. Stormwater Treatment Features (Sheet B-2): 21,157 Subtotal: 35,387 2. Electric and Water Costs: 1366 Total 36,753 Section II Estimated District Administrative Expenses Administrative Costs: Community Services Department Public Works Department Planning Department Purchasing Department City Clerk City Treasurer Total 1200 Section 111 Contingency(5%of Section I and II) 1,898 City of Redding Landscape Maintenance District -District 01-22 Page 6 Section IV County Administrative Fee (1%of total assessments) 402 Tota) Estimated Expenses 40,253 Section 111 Levy Calculation A. District Balance as of June 30, 2023 0 B. Total Estimated Expenses for FY 2023-24 40,253 C. District Reserve (66%of total maintenance expenses allowable) 24,257 D. Funds Needed to Provide Maintenance and Maintain District Reserve for FY 2023-24 ((B:Expenses+C:Reserve)-A:Balance] 64,510 E. Number of Benefit Units to be levied 21 F. Lot Assessment based on Tota) Funds Needed 3071.90 G. Current Lot Levy 3071.90 City of Redding Landscape Maintenance District -District 01-22 Page 7 PART B-2 ATTACHMENT Estimated Cost of Maintenance for Fiscal Year 2023-24 Landscape Maintenance District 01-23 Rancho Road Industrial Park Stormwater Treatment Facilities FY 2023-24 Estimated Expenses Section 1 Estimated District Maintenance Expenses 1. Estimated cost of unscheduled expenses for fiscal year A. Catch Basin Maintenance and Cleaning(semi-annual) 639 B. Wire Mesh replacement(once every 3 years, 33.3%of total): 113 C. Perforated Pipe cleaning (once every 3 years, 33.3%of total): 107 Subtotal: 859 2. Estimated Replacement Cost every 25 years A. StormwaterTreatment Facility (Lot 21) 4% (Year 1 of 25 years) * 19,552 (full replacement cost) 782 B. Stormwater Treatment Facility (Lot 10) 4% (Year 1 of 25 years) *487,896 (full replacement cost) 19,516 Subtotal: 20,298 Total 21,157 City of Redding Landscape Maintenance District -District 01-22 Page 8 PART F ATTACHMENT Assessment Rol) Fiscal Year 2021-22 District APN Parcel Map Benefit Units Unit Rate Total Owner 01-23 054-200-072 Rancho Road Industrial Park 21 $3071.90 $64,510 Alan &Sherry Shufelberger Revocable Trust, Dated lanuary 30,2009 City of Redding Landscape Maintenance District -District 01-22 Page 9 City of Redding Landscape Maintenance District -District 01-17 Page CITY OF REDDING REPORT TO REDDING PLANNING COMMISSION MEETING DATE: September 24,2019 FROM: Zach Bonnin, Associate ITEM NO. 4(b)2 Planner ***APPROVED BY*** Y�NSv,4 '�'� V� �1�u�°'„l��'�4� ,�� ��"� `�� �� � � ��� �"��, �� � � " �`, � � � �� � � t �� `� �� ����'��� ��?. �;,; �i� lsz. �'� ��� n�i� ' ;4.� �` �.,"`�� �.�e.�,.`��� ',:;�' vu: C������i�nin,�;�;,c�c1 t�l�niier � �l]1i2[�19 Li �""�� i•ke, A�,s�'�at�Planncr �I19I2t119 ,,� zbonnin@ci.redding.ca.us lburke@ci.redding.ca.us SUBJECT: 4(b)2--Appeal Application APPL-2019-01208, by Shasta Environmental Alliance, appealing the Board of Administrative Review's approval of Parcel Map Application PM-2018-01476, by Alan Shufelberger, to divide 18.1 acres into 21 parcels on property addressed as 3653 Rancho Road. Recommendation Conduct a public hearing and, upon conclusion, adopt the revised and recirculated Mitigated Negative Declaration and deny the appeal, upholding the Board of Administrative Review's approval of Parcel Map Application PM-2018-01476 for the division of an 18.1-acre parcel into 21 parcels. Project DescNiption Parcel map to divide 18.1 acres into 21 industrial parcels for future development of industrial buildings on property located at the southeast corner of Airport Road and Rancho Road addressed as 3653 Rancho Road. TERRAIN/I�EGETATION The project site is relatively flat and characterized by annual grassland in the western portion of the property, chaparral habitat in the central portion of the property, and oak-foothill pine woodland along the eastern portion of the property. ZONINGDESIGNATION "GI" General Industry District. GENERAL PLANDESIGNATION "General Industry." Report to Redding Planning Commission September 29,2019 Re: 4(b)2--Appeal APPL-2019-01208 of Parcel Map Application PM-2018-01476, Shufelberger Page 2 SURROUNDING LAND USES North: Rancho Road, industrial uses, vacant land. East: Industrial uses, vacant land. South: A single-family residence with industrial uses, vacant land. West: Airport Road, industrial uses, vacant land. Issues On July 3, 2019, the Board of Adlninistrative Review (Board) conducted a public hearing and approved the project based on the record and the Negative Declaration. At the hearing it was found that an exhibit provided with the packet and environmental document did not match a tree survey that was provided to the representative of Shasta Environmental Alliance. The Board's packet and environmental document showed a tentative map with 173 trees to be removed with points on a map, but it was found that the tree survey exhibit showed 295 trees and had more points on the tentative map. The applicants engineer explained that it was likely the mapping data only included one day worth of tree survey instead of two. Staff explained to the Board that regardless of the tree survey the applicant's biological study did not find that removal of the vegetation onsite including the trees would constitute a significant environmental impact and that the removal of vegetation onsite is required for the industrial development. The Board concl�uded that although the tree survey data was incorrect, the corrected information did not change the outcome of the project and would not change the environmental determination. They made a note of the discrepancy and approved the project. The California Environmental Quality Act (CEQA) allows projects to proceed if the provided corrected data does not change the environmental outcome of the project. The project was subsequently appealed by Shasta Environmental Alliance (SEA). Attached is the letter of appeal along with staff's response to the appeal issues. The two major areas of concern contained in the appeal letter are compliance with the California Environmental Quality Act (CEQA) and the City's Tree Management Ordinance (Chapter 18.45 of the Redding Municipal Code). With regard to CEQA, staff recirculated the Mitigated Negative Declaration with the corrected tree information and parcel map exhibit prior to this hearing. A mitigation measure was added addressing the requirement for a nesting survey for migratory birds and raptors prior to removal of trees. Regarding the City's Tree 1Vlanagement Ordinance, it is the opinion of SEA that the project is not consistent with the Ordinance and that mitigation should have been required for tree loss. Staff worked with SEA to determine if a mutually agreeable solution was viab]e. SEA submitted a letter reguesting four mitigations (also attached) to address the loss of trees on the project. The mitigations proposed were not accepted by the applicant and the proj�ct has now been forwarded to Planning Commission for consideration. Below is a discussion regarding compliance with the Tree Management Ordinance: TxEE MA1vAGENtE�vT Oxn1�vA�vcE The purpose of the Tree Management Chapt�r of the Zoning Code is to protect trees, promote a healthy and attractive urban landscape, reeognize trees as a visual buffer, preserve natural features, and require tree replacement where appropriate. The Tree Management Ordinance addresses tree removal proposed with discretionary projects such as the proposed parcel map by considering the application, a permit to remove trees associated with that development. As part of the overall application, the developer of the site works with Report to Redding Planning Commission September 29,2019 Re: 4(b)2--Appeal APPL-2019-01208 of Parcel Map Application PM-2018-01476, Shufelberger Page 3 staff to determine if the site contains candidate trees or groves of candidate trees. A candidate tree is defined as: Candidate TNee(s) -A single healthy tree o�group of healthy trees wa�ranting consideration for preservation by virtue of its value to the community, the immediate neighl�orh�od, o� the natural environment in recognitivn of the existence vf one or mo�e of the following attributes: • It is an vutstanding specimen of its species in terms of aesthetic quality as determined by shape and branch structure; • It is one of the largest or oldest trees in Redding that also has historical or neighborhood interest; • It adds significantly to the environment of the eity because of its location, distinct form, unique species, or other identifying characteristics; • It is in a locati�n which is connected to a Zarge� natural woodland system, such as a permanent open-space area, and which is likely to be self-suppoNting over time; • It serves a desirable functi�n, such as buffering dissimilar land uses, or is a component of an overall landscape plan. Staff reviews the site, aerial mapping, and typically the developer provides a preliminary survey of the trees onsite. Staff also then considers the characteristics of the site and plans for grading and infrastructure improvements, to help determine if the site contains "candidate" trees and if further evaluation is warranted. If the evaluation of candidate trees determines that trees or groups of trees should be preserved, the developer is expected to utilize creative land-planning and construction techniques to achieve tree preservation. If candidate trees are not identified onsite the individual characteristics of the site will dictate the level of analysis needed to proceed. Additional steps required if candidate trees are identified onsite include; additional mapping, further evaluation (e.g. species, size, health), designation of preserved trees, and development of a protection plan of the preserved trees during construction. Background Staff reviewed the request to remove all of the trees onsite and determined that there were no candidate trees that meet the requirements for further preservation techniques described in the Zoning Code therefore the applicant was not required to further evaluate the trees. Staff also considered other factors such as the "Industrial" zoning of the property and proximity to the inner approach zone of the Redding Municipal Airport. The property is not located adjacent to other natural open spaces areas and does not necessitate buffering from other land uses. As provided for in the Code staff found that the preservation of trees in these industrially zoned lands in close proximiLy to the airport "unreasonably restricts the economic potential or use of� the prope�ty on which the t�ees are situated. " Staff also concluded that an independent island of preserved trees could create a potentially problematic area in the center of an industrial park, which would be difficult to maintain and could pose an attractive nuisance. The staff r�port from the Board meeting is attached to this report and includes the background information for the project. The staff report also includes the original Findings and the Conditions of Approval that have not changed as a result of the appeal. If the appeal is denied the original Findings and Conditions of Approval would still be in effect as part of the original approval. Report to Redding Planning Commission September 29,2019 Re: 4(b)2--Appeal APPL-2019-01208 of Parcel Map Application PM-2018-01476, Shufelberger Page 4 Public Comments Received by Staff An additional letter was received from SEA on September 16, 2019 (attached); however, staff has not received any other public comment regarding the project. Authority The Planning Commission has the authority to hear appeals of decisions of the Board of Administrative Review pursuant to Section 18.10.030 of the Zoning Code. Conclusion The appeal of the proposed parcel map raised concerns that City staff did not follow the Tree Management Ordinance of the City of Redding zoning code. Staff reviewed the project and the process to determine if the applicant provided enough information to make an adequate determination that the site does not contain "candidate trees' for preservation. Staff concluded that there is adequate information to determine that this particular site does not warrant tree preservation, due to a visual inspection of the site, the sites "Industrial" zoning designation, the proximity to the airport approach zone, existing surrounding development, and review of the biological opinion submitted by the applicant. The tree survey data submitted by the applicant although originally flawed did not change this opinion of the site. The Initial St�udy adequately addressed the loss of existing vegetation. As a result; the project as originally approved, would result in 21 ind�ustrial parcels, all of which would meet the minimum standards of the "GI" District zoning of the property. The originally approved conditions adequately address the development of the project. Therefore, staff recommends the Planning Commission adopt the Mitigated Negative Declaration and deny the appeal, upholding the approval of the parcel map by the Board of Administrative Review. Attachments BAR Staff Report- July 3, 2019 Mitigated Negative Declaration and Initial St�udy SEA Letters of Appeal City Response to Appeal