Council approves Dela Farms subdivision, authorizes annexation request and directs water‑share negotiations

The Porterville City Council voted to approve the Dela Farms residential subdivision entitlements and to request that Tulare LAFCO begin proceedings for annexation, while directing staff to enter limited negotiations with the applicant about water shares tied to the property.

The project, presented by Senior Planner O'Neil, would convert two county parcels totaling 25.47 acres (an unincorporated island surrounded by the city) to a low‑medium density residential land use and create a tentative map for 160 single‑family lots and a 0.88‑acre park. O'Neil told the council the proposed buildout density would be about 6.25 units per acre, below the zone maximum, and that two tribal consultation notices were conducted with no comments.

Why it matters: the site is subject to a Williamson Act land‑conservation contract. Because the city earlier successfully protested that Williamson Act contract, the county contract would be cancelled automatically upon annexation if LAFCO approves it; staff told the council that cancellation would not require a separate cancellation application. The city's urban water management plan shows the subdivision would require more urban water than the site uses in agricultural (citrus) use, and staff proposed mitigation measures and a Mitigated Negative Declaration under CEQA with standard mitigation monitoring.

Applicant and council exchange: the applicant, Drew Della, asked the council to reconsider a draft condition requiring the surrender or sale of water shares; he said previous annexations did not require the applicant to relinquish water shares and asked that the council allow negotiation rather than a mandated forfeiture. Council discussion focused on precedent and taxpayer risk: Council Member Beltran noted risks if water shares are sold and the city later must construct new water infrastructure for annexed areas; other council members said a negotiated approach could be appropriate.

Council action: the council voted to adopt the staff recommendations (adopt the Mitigated Negative Declaration and mitigation monitoring and reporting program; approve the general plan amendment; approve the conditional use permit for reduced lot sizes; approve the tentative subdivision map; and direct staff to request Tulare LAFCO initiate annexation), with one amendment that gave staff authority to negotiate the disposition of the applicant's water shares and to return with recommended terms. The vote passed with four yes votes and one member absent.

Next steps: staff will work with the applicant and LAFCO to process annexation materials and to document the negotiated approach on water shares; staff will also coordinate with the city's water utility to ensure water capacity and to implement the mitigation monitoring program under CEQA.