Report Prepared by: Julie Nelson, Senior Planner, Development Services Department
Title
SUBJECT: Report for Discussion on Preliminary Annexation Application #21-03 for Robert and Kimber Lee Rogina
REPORT IN BRIEF
The City Council will be asked to evaluate Preliminary Annexation Application #21-03 for Robert and Kimber Lee Rogina, 151 acres of mixed-use development on the west side of G Street at Old Lake Road.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed by Robert and Kimber Lee Rogina.
Body
ALTERNATIVES
1. Indicate general support for an official annexation application moving forward; or,
2. Indicate general non-support for an official annexation application moving forward; or,
3. Direct staff and/or the applicants to provide additional information or analysis (to be specified in Council motion) before making a decision; or,
4. Continue to the item to a future Council meeting (date and time to be specified in motion).
AUTHORITY
On July 6, 2021, the City Council approved a new Annexation Pre-application Process for which this is the second pre-application to be reviewed by the City Council. The Cortese-Knox-Hertzberg Act of 2000 establishes procedures for city annexations and other local government changes in organization.
CITY COUNCIL PRIORITIES
N/A
DISCUSSION
New Annexation Pre-Application Process
On July 6, 2021, the City Council approved a new Annexation Pre-application Process as outlined in detail in Attachment 1. In summary, the Pre-Application process allows for early input from the City Council into the annexation process by allowing applicants to present their proposal for a potential future annexation application to the City Council before submitting an official application. After reviewing the information and the staff analysis, the City Council will indicate either general support or non-support for an official annexation application moving forward. The applicants may then decide whether to move forward or not.
Rogina Annexation Background
The proposed 151-acre annexation area is located on the west side of G Street at Lake Road (Attachment 2). The project site is included in the City’s Sphere of Influence (SOI) and Specific Urban Development Plan (SUDP) and is adjacent to the City Limits at the City’s northern border, making it eligible for annexation.
The Rogina family has owned and farmed this land for many years but are now seeking to annex the land into the City for potential future development.
The Rogina’s had submitted a formal annexation application in 2018 but had not yet developed a plan for development of the annexation area. At that time, the City was working on the North Merced Annexation Feasibility Study, so the application was stalled until that study was complete and a more detailed land use plan was developed.
In 2021, as the City Council was considering the new preliminary annexation process, staff advised that the Rogina’s had submitted an application. The Council indicated at that time that they considered annexation of the area near UC Merced as a priority but did not oppose this annexation. Based on that direction, staff encouraged the Rogina’s to go through the newly adopted preliminary application process prior to investing in the full process and starting the environmental review.
Rogina Annexation Pre-Application
The Rogina’s hired QK, Inc. to assist them in the application process. The applicants have provided a proposed land use plan that shows a mixture of commercial and residential land uses along with a table that provides data on the acreage for each use, estimated square footage for commercial uses, estimated number residential units, as well as area dedicated to open space and parks (Attachment 3). As shown on the table at Attachment 3, the proposed development would include an estimated 522 to 608 low density residential units, 162 to 324 high-medium density residential units, and approximately 138,700 square feet of neighborhood commercial. The General Plan Land Use designations are shown on the map at Attachment 4. As part of the annexation, a General Plan Amendment would be required.
The Pre-Application packet at Attachment 5 includes an aerial photo of the site, a flood map, wetland map, and a copy of the City’s General Plan map.
Merit Based Criteria
As part of the application packet at Attachment 5, the applicants provided their own evaluation of how their application meets the merit-based criteria as outlined in General Plan Policy UE-1.3.g and other General Plan policies. The applicant’s analysis is included below with any additional City staff comments noted in italics in the “Response” sections.
“1.3.g Evaluate future annexation requests against the following conditions:
a) Is the area contiguous to the current City limits and within the City’s Specific Urban Development Plan (SUDP)/Sphere of Influence (SOI)? Do the annexed lands form a logical and efficient City limit and include older areas where appropriate to minimize the formation of unincorporated peninsulas?
Response: The project is within both the City’s Specific Urban Development Plan (SUDP) and Sphere of Influence (SOI) specifically designated as Future Service Area per North Merced Annexation Feasibility Study Update 2021. The project site is within the Low-Density Residential land use designation per City of Merced Vision 2030 General Plan, Land Use Diagram.
b) Is the proposed development consistent with the land use classifications on the General Plan Land Use Diagram (Figure 3.1)?
Response: The City currently designates the project site as Low Density Residential per, Land Use Diagram. A school site is also designated on the site. If it is determined that this school site is not needed, then a general plan amendment will be concurrently requested with the formal annexation request to change the school site to residential uses.
c) Can the proposed development be served by the City water, sewer, storm drainage, fire and police protection, parks, and street systems to meet acceptable standards and service levels without requiring improvements and additional costs to the City beyond which the developer will consent to provide or mitigate?
Response: The project site can be serviced by City utilities and will be within range next to the new Bellevue fire station per City of Merced Public Facilities Financing Plan 2012. The project will have a future connection to a 16-inch water main line along the Old Lake Road Extension to Snelling Highway per, Mitigated Negative Declaration and Initial Study for City of Merced 2016 Water Master Plan Update. The project site overlaps within two sewer boundaries, the SUDP Buildout Sewer shed and the Northern Wastewater treatment and Reclamation Facility (WWTRF) Service Area per, City of Merced Wastewater Collection System Master Plan 2017. The nearest upgraded sewer connection will be located on the G Street and E. Bellevue Road intersection. The project site currently has no existing connection to storm drains.
City Staff Comments: The Fire Chief expressed concern over being able to serve this area until a new station is constructed in the Bellevue Ranch area. Station 55 at Parsons and Silverado would be approximately 4.25 miles away from the southern edge of the annexation area and Station 53 on Loughborough would be approximately 4.3 miles away. Fire Department response time would most likely be longer than the City and State standard time of 7.5 minutes. Once the station in Bellevue Ranch is constructed, the response time would be within the City standard.
In order to adequately serve the annexation area, a new well site may be required. City utilities would have to be extended to the annexation area and an analysis would have to be done to ensure sufficient sewer capacity is available to serve the area.
Due to biological constraints, M Street may not be extended as shown on the City’s circulation map. There are also biological constraints that will prohibit Old Lake Road from connecting to the west. The proposed circulation plan may need to be modified based on results of a biological study as required as part of the environmental review process.
d) Will this annexation result in the premature conversion of prime agricultural land as defined on the Important Farmland Map of the State Mapping and Monitoring Program? If so, are there alternative locations where this development could take place without converting prime soils?
Response: There is no prime farmland on the site. The site contains both Unique Farmland and Farmland of Statewide Importance per California Department of Conservation, California Important Farmland Finder map data 2016.
e) Will a non-agricultural use create conflict with adjacent or nearby agricultural uses? If so, how can these conflicts be mitigated?
Response: The project will comply with City policies for mitigating urban development designs adjacent to farmland.
City Staff Comments: The annexation area is adjacent to land classified as Grazing land to the west and Farmland of Local Importance to the north. When a site is adjacent to active farmland, mitigation measures are typically included in the environmental review requiring notification of such uses when property is sold or developed.
f) Does annexation of the area help the City reach one of the following goals?
1) Does annexation of the area bring the City closer to annexation of the UC Merced campus and University Community?
Response: The project site is approximately 3 miles west from UC Merced Campus. The project site will provide housing opportunities to support the UC Merced Campus.
2) Does the area contain significant amounts of job-generating land uses, such as industrial, commercial, office, and business/research & development parks?
Response: The proposed project will provide additional residential benefits for the city.
3) Does the project provide key infrastructure facilities or other desirable amenities, such as the extension of major roads, utility trunk lines, parks and recreational facilities, etc.?”
Response: The project boundary is adjacent to an existing Divided Arterial Street (G Street). Future road plans indicate Old Lake Road will connect west to Snelling Highway 59 and a Conceptual Collector Street adjacent to project site will connect to the new Old Lake Road extension. This new connection will allow future access to the project site per City of Merced Vision 2030 General Plan, Transportation and Circulation Plan (Figure 4.1).
There will also be a proposed Class 1 (Pathway) extending along G Street and Farmland Road intersection per City of Merced 2013 Bicycle Transportation Plan.
City Staff Comments: As previously explained in this report, biological constraints may impede the connection of Old Lake Road to the west as shown on the City’s Circulation Map. Discussions are in the preliminary stations to determine if an alternate alignment for Old Lake Road is feasible.
City Staff/LAFCO Meeting
On February 3, 2022, City staff met virtually with the Rogina’s and representatives from QK, Inc. City staff representatives from Planning, Inspection Services, Fire, Police, Engineering, Public Works, and Economic Development, along with Ken Testa from Merced City School District, reviewed the proposal and offered comments. City staff questions and comments included the need for a City water well somewhere onsite, the need to complete a loop for water lines, whether the school site would be needed, and the ability for fire and police to serve the development.
Bill Nicholson, Executive Officer of Merced County LAFCO, was unable to attend the virtual meeting, but provided the comment letter at Attachment 6.
Wastewater Analysis
The City is continuing to evaluate wastewater flow throughout the City by performing additional flow monitoring. That work has been completed, but not analyzed yet. The flow data will be used in the model managed by the City. The City has received independent data demonstrating a decrease in flow from the City’s current model. The City’s process is necessary to help verify the decrease.
The City has been using a model with an allocation of 85 gallons per day per person with an average of 3.02 persons per dwelling unit. The result is 257 gallons per day per dwelling unit. The independent model has demonstrated that rates are less than the allocation in the model.
Given this potential decrease in the wastewater flow, an update will be needed to the Wastewater Collection System Master Plan (a contract amendment was approved by the City Council on November 1, 2021). The line sizes should reflect the anticipated flow and, therefore, may need to be rescaled or decreased for the projected flows that will be generated. The environmental review process will also need to be reengaged based on this update. That will likely require amendments or updates to the Draft EIR document that was circulated for public review in September/October 2020.
Wastewater generation estimates provided by the applicant indicate the residential development would generate 175,800 to 239,500 gallons per day (257 gallons per day per unit). The commercial development is expected to produce 41,600 gallons per day (30 gallons per day per 100 square feet of space). No wastewater system improvements for the proposed annexation have not been provided. It is anticipated that the City’s wastewater system will need to be expanded to accommodate this annexation and the other annexation areas expected near UC Merced.
Affordable Housing Component
The Pre-Application materials currently do not include a summary of affordable housing units. The applicant is aware based on the staff guidance at the February Development Review consultation that the project will be required to comply with any future affordable housing policies as adopted by the City Council. Those policies are intended to help the City meet its Regional Housing Needs Allocation (RHNA). Should the applicant take steps to pursue the annexation the project it will be required to enter into a Pre-Annexation Development Agreement (PADA) which would be the implementation and enforcement tool for the affordable housing component.
Next Steps
If the City Council indicates general support for the annexation, the applicants will need to decide if they want to proceed with continuing with their official annexation application. The annexation application would also include a General Plan Amendment to change the land uses to accommodate the proposed development and Pre-Zoning. Once all the necessary documentation is received for the formal application, the environmental review process would commence. Once the environmental review process is completed, the matter would be scheduled for public hearings before the City Planning Commission and City Council, and finally LAFCO.
IMPACT ON CITY RESOURCES
There will be no impacts on City resources from this pre-application. However, if an annexation moves forward, there will likely be impacts that will be outlined at that time.
ATTACHMENTS
1. Annexation Pre-Application Process
2. Location Map
3. Proposed Land Use Map
4. General Plan Designations
5. Pre-Application Packet
6. Letter from LAFCO
7. Presentation