Report Prepared by: Jonnie Lan, AICP, Principal Planner, Development Services Department
Title
SUBJECT: Report for Discussion on Preliminary Annexation Application #24-02 for Moe Jawad, 28.49 Acres at the Southwest Corner of Lacava Road and San Augustine Drive
REPORT IN BRIEF
The City Council will be asked to evaluate Preliminary Annexation Application #24-02 for Moe Jawad, consisting of 28.49 acres of single-family development at the southwest corner of Lacava Road and San Augustine Drive.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed for the Preliminary Annexation Application #24-02 (“Lacava Road-San Augustine project’).
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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 an Annexation Pre-application Process to give early Council input on potential annexation projects. The City Council has reviewed several annexation pre-applications since then. The Cortese-Knox-Hertzberg Act of 2000 establishes procedures for city annexations and other local government changes in organization.
CITY COUNCIL PRIORITIES
Not Applicable.
DISCUSSION
Annexation Pre-Application Process
On July 6, 2021, the City Council approved an 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.
Since that time, the City Council has reviewed several annexation pre-applications and has indicated general support for many of them. This proposal is northwest of the City. See Attachment 2 for a map of preliminary and active annexation applications.
Proposed Project
This proposal is to bring in 28.49 acres of land into the City to initially develop 176 R-1 single-family detached lots on 21 acres. The proposed annexation area is designated as Low Density Residential in the City of Merced General Plan, making the proposed single-family development consistent with that Plan. In addition, this proposal, once realized, will be subject to the affordable housing requirement at the time of annexation. Currently, the City Council requires 5% of the housing in new annexation areas be affordable.
Merit-Based Criteria
The applicants have provided information in Attachment 4 to address how they believe the project addresses the annexation criteria in the General Plan. Staff has used the applicant information to address the annexation criteria in the General Plan and have responded below. As outlined in General Plan Policy UE-1.3.g and other General Plan policies, the application must meet the criteria listed below.
“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 annexation area, east of State Highway 59, south of Lacava Road and west of San Augustine Drive is within the City’s SUDP (and SOI). It is directly adjacent to the City at its eastern and southern boundary. The new boundary will form a logical and efficient City limit by extending the current boundary to the state highway. The annexation proposal does include existing county development along Lacava Road to minimize the formation of an unincorporated peninsulas and to create an appropriate boundary as usually requested by LAFCO.
b) Is the proposed development consistent with the land use classifications on the General Plan Land Use Diagram?
Response: The General Plan designation of the annexation area is Low Density Residential. The proposed development of R-1 zoned single-family detached lots will be consistent with the General Plan designation.
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: Yes. The project can be served by adjacent connections to City sewer, water, and storm drainage facilities, however details regarding the provision of City services will be addressed through the environmental review and entitlement processes if the annexation moves forward. Development of the project will require the payment of impact fees to support needed public services, including fire and protection services, parks, and street systems.
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: Development of the site will result in the conversion of “Farmland of Local Importance”, not “Prime Farmland” as defined on the Important Farmland Map of the State Mapping and Monitoring Program. The fact that the proposed annexation area is surrounded by land that is designated by the State Department of Conservation as “Urban and Built-Up Land” means that this land would not be appropriate for most agricultural uses, due to its proximity to higher density development.
e) Will a non-agricultural use create conflict with adjacent or nearby agricultural uses? If so, how can these conflicts be mitigated?
Response: No. The annexation area is bounded by the city-limit line and City development to the east and south. It is bounded by State Highway 59 to the west and is bounded to the north (on Lacava Road) by County land zoned Single-Family Residential. In addition, the northern part of the annexation area along Lacava Road is also zoned by Merced County as Single-Family Residential. This annexation would align with the expectations of the County and City.
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: No. The site is not adjacent to the University or within the University Community Plan Area as defined by the adopted University Community Plan. However, it is located in the north part of the City less than 5 miles from the University where it will support the University with off-campus housing options for both staff and students.
2) Does the area contain significant amounts of job-generating land uses, such as industrial, commercial, office, and business/research & development parks?
Response: No. But the construction of the housing will provide jobs to skilled and unskilled labor. The annexation area is designated as Low Density Residential in the Merced General Plan. The proposed development will be consistent with that designation.
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 will provide housing. It will also provide internal roads, a stormwater drainage basin and extensions to the water and sewer infrastructure.
Wastewater Analysis
Wastewater generation and system improvements for the project are described in Attachment 4 within the application. A more refined analysis will need to be performed during the entitlement process to ensure adequate wastewater capacity within the City’s system. With this and other proposed annexation projects located in North Merced, the City’s wastewater system will certainly need to be expanded to accommodate these new users. Ultimately, impacts on the City’s wastewater system will be addressed through the environmental review and entitlement process if the annexation moves forward.
Staff and LAFCO Comments
On October 10, 2024, City staff representatives from Planning, Engineering, Fire and Inspection Services met to discuss the project. The discussion covered the benefits and issues with the annexation in general and inheriting poor county infrastructure and future costs to the City, specifically. City staff discussed that the annexation should be extended to Pettinoti Road. Regarding the proposed area, concerns were raised about the width and condition of Lacava Road and the future maintenance of it. Engineering suggested that the annexation be responsible for the reconstruction of Lacava Road. Engineering also expressed the need to provide looping for the waterlines. The north entrance of the proposed development area will need to be realigned with Cassis Drive to minimize potential negative vehicle interactions. Engineering requested that this annexation address and improve the Lacava Road intersection with San Augustine Drive in addition to the Lacava county road that currently runs perpendicular to the new San Augustine Drive. The proposed storm water basin should provide an overflow connection to the basin located adjacent to the south. In addition, City staff wanted clarity on if neighborhood or park amenities would be provided on the basin lot.
LAFCO staff was unable to attend, but Bill Nicholson, provided a letter at Attachment 7. There is currently 1 registered voter in the proposed annexation area. If that is maintained, then the annexation, if achieved would be considered uninhabited.
Next Steps
If the City Council indicates general support for the annexation, the applicants will need to decide if they want to proceed with submitting an official annexation application. Once the annexation application is submitted the Project (including a Pre-Annexation Development Agreement and any required entitlements such as General Plan Amendments and Pre-zoning, etc.) can 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. Summary of Annexation Pre-Application Process (approved July 6, 2021)
2. Map of Current Preliminary and Active Annexations
3. Project Location Map
4. Pre-Annexation Application Submittal Documents
5. Annexation Area Map
6. Preliminary Subdivision Map
7. LAFCO Annexation Proposal Response Letter
8. Presentation