Lindsay City Council
August 8, 2023

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Of the four main groups inhabiting the Tulare County area, the Southern Valley Yokuts occupied the largest territory, which is defined roughly by the crest of the Diablo Range on the west and the foothills of the Sierra Nevada on the east, and from the Kings River on the north, to the Tehachapi Mountains on the south. The Foothill Yokuts inhabited the western slopes of the Sierra Nevada, between the Fresno River and Kern River, with settlements generally occurring between the 2,000 to 4,000-foot elevations.

The Tubatulabal inhabited the Sierra Nevada Mountains, at the higher elevations, near Mt. Whitney in the east, extending westward along the drainages of the Kern River, and the Kern River-South Fork. The Monache were comprised of six small groups that lived in the Sierras east of the Foothill Yokuts, in locations ranging between 3,000- to 7,000-foot elevations.

REGULATORY SETTING
Federal
Cultural resources are protected by several federal regulations, none of which are relevant to this proposed Project because it will not be located on lands administered by a federal agency and the Project applicant is not requesting federal funding.

State
The proposed Project is subject to CEQA which requires public or private projects financed or approved by public agencies to assess their effects on historical resources. CEQA uses the term “historical resources” to include buildings, sites, structures, objects or districts, each of which may have historical, prehistoric, architectural, archaeological, cultural, or scientific importance. CEQA states that if implementation of a project results in significant effects on historical resources, then alternative plans or mitigation measures must be considered; however, only significant historical resources need to be addressed (CCR 15064.5, 15126.4). For the purposes of this CEQA document, a significant impact would occur if project implementation:
• Causes a substantial change in the significance of a historical resource • Causes a substantial adverse change in the significance of an archaeological resource • Disturbs any human remains, including those interred outside of formal cemeteries Therefore, before impacts and mitigation measures can be identified, the significance of historical resources must be determined. CEQA guidelines define three ways that a property may qualify as a historical resource for the purposes of CEQA review:
• If the resource is listed in or determined eligible for listing in the California Register of Historical Resources (CRHR)
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• If the resource is included in a local register of historical resources, as defined in Section 5020.1(k) of the PRC or identified as significant in an historical resource survey meeting the requirements of Section 5024.1(g) of the PRC unless the preponderance of evidence demonstrates that it is not historically or culturally significant
• The lead agency determines the resource to be significant as supported by substantial evidence in light of the whole record (CCR, Title 14, Division 6, Chapter 3, Section 15064.5(a)) Each of these ways of qualifying as a historical resource for the purpose of CEQA is related to the eligibility criteria for inclusion in the CRHR (PRC 5020.1(k), 5024.1, 5024.1(g)).

A historical resource may be eligible for inclusion in the CRHR if it:
• Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage
• Is associated with the lives of persons important in our past • Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values • Has yielded, or may be likely to yield, information important in prehistory or history Properties that area listed in or eligible for listing in the National Register of Historic Places are considered eligible for listing in the CRHR, and thus are significant historical resources for the purpose of CEQA (PRC Section 5024.1(d)(1)).

Public Resources Code §5097.5
California Public Resources Code §5097.5 prohibits excavation or removal of any “vertebrate paleontological site...or any other archaeological, paleontological or historical feature, situated on public lands, except with express permission of the public agency having jurisdiction over such lands.” Public lands are defined to include lands owned by or under the jurisdiction of the state or any city, county, district, authority or public corporation, or any agency thereof. Section 5097.5 states that any unauthorized disturbance or removal of archaeological, historical, or paleontological materials or sites located on public lands is a misdemeanor.

Human Remains
Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further August 08, 2023 Regular Meeting of the Lindsay City Council

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excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24 hours of this identification.

The Native American Heritage Commission will identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper and dignified treatment of the remains and associated grave artifacts.

Local
Lindsay General Plan
No archaeological or cultural resources of significance are known at this time to exist within the planning area. Any evidence of cultural resources that might be unearthed in the process of construction becomes immediate grounds for halting all construction until the extent and significance of any find is properly cataloged and evaluated by archaeological and cultural resource authorities recognized as having competence by the State of California.

RESPONSES
a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Less than Significant Impact with Mitigation. The records search conducted at the SSJVIC (Appendix B) indicated that there are no recorded cultural resources within the Project area and two recorded resources within the one-half mile: P-54-004626 and -004632, which are historic era railroads still in use.

There are no recorded cultural resources studies within the Project area and there have been eight previous resource studies within the one-half mile: TU-00208, 00995, 01103, 01181, 01584, 01687, 01857, and 01889. There are no recorded cultural resources within the Project area or within ½ mile that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks.

Subsurface construction activities associated with the proposed Project could potentially damage or destroy previously undiscovered historic resources. This is considered a potentially significant impact; however, implementation of Mitigation Measure CUL-1 will ensure that significant impacts remain less than significant with mitigation incorporation.

CUL-1 The following measures shall be implemented:

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• Before initiation of construction or ground-disturbing activities associated with the Project, the City shall require all construction personnel to be alerted to the possibility of buried cultural resources, including historic, archeological and paleontological resources; • The general contractor and its supervisory staff shall be responsible for monitoring the construction Project for disturbance of cultural resources; and • If a potentially significant historical, archaeological, or paleontological resource, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains or trash deposits are encountered during subsurface construction activities (i.e., trenching, grading), all construction activities within a 100-foot radius of the identified potential resource shall cease until a qualified archaeologist evaluates the item for its significance and records the item on the appropriate State Department of Parks and Recreation (DPR) forms. The archaeologist shall determine whether the item requires further study. If, after the qualified archaeologist conducts appropriate technical analyses, the item is determined to be significant under California Environmental Quality Act, the archaeologist shall recommend feasible mitigation measures, which may include avoidance, preservation in place or other appropriate measure, as outlined in Public Resources Code section 21083.2. The City of Lindsay shall implement said measures. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant Impact with Mitigation. The possibility exists that subsurface construction activities may encounter undiscovered archaeological resources. This would be a potentially significant impact. Implementation of Mitigation Measure CUL-1 would require inadvertently discovery practices to be implemented should previously undiscovered archeological resources be located. As such, impacts to undiscovered archeological resources would be less than significant with mitigation incorporation. c. Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation. There are no unique geological features or known fossilbearing sediments in the vicinity of the proposed Project site. However, there remains the possibility for previously unknown, buried paleontological resources or unique geological sites to be uncovered during subsurface construction activities. Therefore, this would be a potentially significant impact. Mitigation is proposed requiring standard inadvertent discovery procedures to be implemented to reduce this impact to a level of less than significant with mitigation incorporation.

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CUL-2 The Project applicant will incorporate into the construction contract(s) a provision that in the event a fossil or fossil formations are discovered during any subsurface construction activities for the proposed Project (i.e., trenching, grading), all excavations within 100 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the appropriate representative at the City of Lindsay, who shall coordinate with the paleontologist as to any necessary investigation of the find. If the find is determined to be significant under CEQA, the City shall implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code section 21083.2.

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VI. ENERGY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?

ENVIRONMENTAL SETTING
California’s total energy consumption is second-highest in the nation, but in 2018 the state’s per capita energy consumption ranked the fourth-lowest, due in part to its mild climate and its energy efficiency programs. 14 In 2018, California was the top-ranking producer of electricity from solar, geothermal and biomass energy, and second in the nation in conventional hydroelectric power generation.

Energy usage is typically quantified using the British thermal unit (BTU). As a point of reference, the approximately amounts of energy contained in common energy sources are as follows:

Energy Source BTUs15
Motor Gasoline 120,286 per gallon
Natural Gas 1,037 per cubic foot
Electricity 3,412 per kilowatt-hour
14 U.S. Energy Information Administration. Independent Statistics and Analysis. California Profile Overview. https://www.eia.gov/state/?sid=CA. Accessed April 2022. 15 U.S. Energy Information Administration. Energy Units and Calculators Explained. https://www.eia.gov/energyexplained/units-andcalculators/british-thermal-units.php. Accessed April 2022.

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California energy consumption in 2019 was 7788.77 trillion BTU16, as provided in Table 4.

Table 4
2019 California Energy Consumption Estimates17
End User BTU of energy
consumed (in trillions)
Percentage of total
consumption
Residential 1455.7 18.7
Commercial 1468.1 18.8
Industrial 1805.3 23.2
Transportation 3059.6 39.3
Total 7788.7 --
Total electrical consumption by Tulare County in 2020 was 4642.8 GWh18, while total Gas consumption was 159.5 million Therms.19
The California Department of Transportation (Caltrans) reports that approximately 36.4 million vehicles were registered in the state in 2019, while in 2018 a total estimated 347.2 billion vehicle miles were traveled (VMT)20

REGULATORY SETTING
California Energy Code (Title 24, Part 6, Building Energy Efficiency Standards) California Code of Regulations Title 24, Part 6 comprises the California Energy Code, which was adopted to ensure that building construction, system design and installation achieve energy efficiency. The California Energy Code was first established in 1978 by the CEC in response to a legislative mandate to reduce California’s energy consumption, and apply to energy consumed for heating, cooling, ventilation, water heating, and lighting in new residential and non-residential buildings. The standards are updated periodically to increase the baseline energy efficiency requirements. The 2013 Building Energy Efficiency Standards focus on several key areas to improve the energy efficiency of newly constructed buildings and additions and alterations to existing buildings and include requirements to enable both demand reductions during critical peak periods and future solar electric and thermal system installations. 16 U.S. Energy Information Administration. Independent Statistics and Analysis. California Profile Overview. https://www.eia.gov/state/?sid=CA#tabs-2. Accessed April 2022. 17Ibid.
18 California Energy Commission. Electricity Consumption by County. http://ecdms.energy.ca.gov/elecbycounty.aspx. Accessed April 2021. 19 California Energy Commission. Gas Consumption by County. https://ecdms.energy.ca.gov/gasbycounty.aspx. Accessed April 2022. 20 Caltrans. 2020. California Transportation Fact Booklet. https://dot.ca.gov/-/media/dot-media/programs/research-innovation-systeminformation/documents/caltrans-fact-booklets/2020-cfb-v2-a11y.pdf. Accessed April 2022.

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Although it was not originally intended to reduce greenhouse gas (GHG) emissions, electricity production by fossil fuels results in GHG emissions and energy efficient buildings require less electricity. Therefore, increased energy efficiency results in decreased GHG emissions.

California Green Building Standards Code (Title 24, Part II, CALGreen) The California Building Standards Commission adopted the California Green Buildings Standards Code (CALGreen in Part 11 of the Title 24 Building Standards Code) for all new construction statewide on July 17, 2008. Originally a volunteer measure, the code became mandatory in 2010 and the most recent update (2019) went on January 1, 2020. CALGreen sets targets for energy efficiency, water consumption, dual plumbing systems for potable and recyclable water, diversion of construction waste from landfills, and use of environmentally sensitive materials in construction and design, including eco-friendly flooring, carpeting, paint, coatings, thermal insulation, and acoustical wall and ceiling panels. The 2019 CALGreen Code includes mandatory measures for non-residential development related to site development; water use; weather resistance and moisture management; construction waste reduction, disposal, and recycling; building maintenance and operation; pollutant control; indoor air quality; environmental comfort; and outdoor air quality. Mandatory measures for residential development pertain to green building; planning and design; energy efficiency; water efficiency and conservation; material conservation and resource efficiency; environmental quality; and installer and special inspector qualifications.

Clean Energy and Pollution Reduction Act (SB 350)
The Clean Energy and Pollution Reduction Act (SB 350) was passed by California Governor Brown on October 7, 2015, and establishes new clean energy, clean air, and greenhouse gas reduction goals for the year 2030 and beyond. SB 350 establishes a greenhouse gas reduction target of 40 percent below 1990 levels for the State of California, further enhancing the ability for the state to meet the goal of reducing greenhouse gas emissions by 80 percent below 1990 levels by the year 2050.

Renewable Portfolio Standard (SB 1078 and SB 107)
Established in 2002 under SB 1078, the state’s Renewables Portfolio Standard (RPS) was amended under SB 107 to require accelerated energy reduction goals by requiring that by the year 2010, 20 percent of electricity sales in the state be served by renewable energy resources. In years following its adoption, Executive Order S-14-08 was signed, requiring electricity retail sellers to provide 33 percent of their service loads with renewable energy by the year 2020. In 2011, SB X1-2 was signed, aligning the RPS target with the 33 percent requirement by the year 2020. This new RPS applied to all state electricity retailers, including publicly owned utilities, investor-owned utilities, electrical service providers, and community choice aggregators. All entities included under the RPS were required to adopt the RPS 20 August 08, 2023 Regular Meeting of the Lindsay City Council

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percent by year 2020 reduction goal by the end of 2013, adopt a reduction goal of 25 percent by the end of 2016, and meet the 33 percent reduction goal by the end of 2020. In addition, the Air Resources Board, under Executive Order S-21-09, was required to adopt regulations consistent with these 33 percent renewable energy targets.

RESPONSES
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The proposed Project consists of the development of 31 multi-family units and 85 single-family units for a total of 116 residential units. The Project would introduce energy usage on a site that is currently demanding minimal energy. By comparison, at buildout, the Project would consume amounts of energy in both the short-term during Project construction and in the long-term during Project operation.

During construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass.

Title 24 Building Energy Efficiency Standards provide guidance on construction techniques to maximize energy conservation and it is expected that contractors and owners have a strong financial incentive to use recycled materials and products originating from nearby sources in order to reduce materials costs.

As such, it is anticipated that materials used in construction and construction vehicle fuel energy would not involve the wasteful, inefficient, or unnecessary consumption of energy.

Operational Project energy consumption would occur for multiple purposes, including but not limited to, building heating and cooling, refrigeration, lighting and electronics. Operational energy would also be consumed during each vehicle trip associated with the proposed use. CalEEMod was utilized to generate the estimated energy demand of the proposed Project, and the results are provided in Table 5 and in Appendix A.

Table 5
Annual Project Energy Consumption
Land Use Electricity Use
in kWh/year
Natural Gas Use in
kBTU/year
Apartments Mid
Rise 123,059 468,380
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Land Use Electricity Use
in kWh/year
Natural Gas Use in
kBTU/year
Single Family
Housing 674,811 2,019,860
The proposed Project would be required to comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting.

Implementation of Title 24 standards significantly increases energy savings, and it is generally assumed that compliance with Title 24 ensures projects will not result in the inefficient, wasteful, or unnecessary consumption of energy.

As discussed in Impact XVII – Transportation/Traffic, the proposed Project at full buildout would generate approximately 1,152 daily vehicle trips. The length of these trips and the individual vehicle fuel efficiencies are not known; therefore, the resulting energy consumption cannot be accurately calculated.

Adopted federal vehicle fuel standards have continually improved since their original adoption in 1975 and assists in avoiding the inefficient, wasteful, and unnecessary use of energy by vehicles.

As discussed previously, the proposed Project would be required to implement and be consistent with existing energy design standards at the local and state level. The Project would be subject to energy conservation requirements in the California Energy Code and CALGreen. Adherence to state code requirements would ensure that the Project would not result in wasteful and inefficient use of nonrenewable resources due to building operation.

Therefore, any impacts are less than significant.

Mitigation Measures: None are required.

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VII. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure,
including liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the
loss of topsoil?
c. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d. Be located on expansive soil, as defined
in Table 18-1-B of the most recently
adopted Uniform Building Code
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creating substantial risks to life or
property?
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
f. Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?

ENVIRONMENTAL SETTING
The City of Lindsay is situated along the western slope of the Sierra Nevada. The Sierra Nevada geomorphic province is primarily composed of cretaceous granitic plutons and remnants of Paleozoic and Mesozoic metavolcanic and metasedimentary rocks, and Cenozoic volcan and sedimentary rocks.

The terrain of the City is relatively flat, with slopes falling gently to the west. The elevation of the City is approximately 375 feet above mean sea level. The east side of the Valley floor in Tulare County is a broad plain of low relief, consisting of three large and coalescing alluvial fans and streams draining from the Sierra Nevada. Three creeks -- Cross, Cottonwood and Lewis Creeks – are intermittent streams in the vicinity.

Faulting and Seismicity
There are no known active earthquake faults in the City of Lindsay. The proposed Project site is not located within an Alquist-Priolo Earthquake Fault Zone and no known faults cut through the local soil at the site. Although there are no active faults in the City, according to the City’s General Plan, the City lies about half-way between the San Andreas and Owens Valley faults which are located about 75 miles to the south and east, respectively. Of the two faults, the San Andreas poses the higher risk, with a potential for an earthquake of magnitude 8.3 or greater on the Richter scale within the next 30 to 50 years.

The most significant resulting hazard would be ground shaking. The western half of the community is located within Seismic Zone V-1, which could be impacted by an earthquake along the San Andreas Fault of a magnitude 8.0 8.5. The eastern half of the community is located within Seismic Zone S-l, which could be impacted by an earthquake along the Owens Valley Fault of a magnitude 7.0. Under policies of the Tulare County's Seismic Safety Element, both zones are classified as requiring Zone II provisions for August 08, 2023 Regular Meeting of the Lindsay City Council

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construction under requirements of the Uniform Building Code (UBC) for "normal facilities" and Zone 2 x 2 provisions for construction under requirements of the UBC for "critical facilities." The foothills adjacent to the eastern City limits are of marginal stability characterized by such conditions as dip slopes and moderate fracturing. The Tulare County Seismic Safety Element of the General Plan appraises the landslide risk as moderate, rating the immediate foothills as a 3 on a scale of 1-4, with 1 being the lowest risk.

Soils
According to City of Lindsay’s General Plan, soils are permeable, fertile and generally consist of oxidized older alluvium with underlying heavy clay subsoil and hardpan. Soils near Lindsay tend to have a high salt content to as yet undetermined depths. The best local soils can be found along the Lewis Creek drainage, and are dominated by deep and well drained soils.

REGULATORY SETTING
Federal
Federal regulations for geology and soils are not relevant to the proposed Project because it is not a federal undertaking (the Project site is not located on lands administered by a federal agency, and the Project applicant is not requesting federal funding or a federal permit).

State
California Building Code
California law provides a minimum standard for building design through the California Building Code (CBC). The CBC is based on the IBC, with amendments for California conditions. Part 2, Volume 2, Chapter 16 of the CBC contains specific requirements for seismic safety. Part 2, Volume 2, Chapter 18 of the CBC regulates soils and foundations. Part 2, Volume 2, Appendix J of the CBC regulates grading activities. Construction activities also are subject to occupational safety standards for excavation, shoring, and trenching as specified in California Occupational Safety and Health Administration regulations (Title 8 of the California Code of Regulations) and in section A33 of the CBC. About one-third of the text within the California Building Code has been tailored for California earthquake conditions.

Paleontological Resources
Paleontological resources are the fossilized remains of plants and animals and associated deposits. The Society of Vertebrate Paleontology has identified vertebrate fossils, their taphonomic and associated environmental indicators, and fossiliferous deposits as significant nonrenewable paleontological August 08, 2023 Regular Meeting of the Lindsay City Council

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resources. Botanical and invertebrate fossils and assemblages may also be considered significant resources.

CEQA requires that a determination be made as to whether a project would directly or indirectly destroy a unique paleontological resource or site or unique geological feature (CEQA Appendix G(v)(c)). If an impact is significant, CEQA requires feasible measures to minimize the impact (CCR Title 14(3) §15126.4 (a)(1)). California Public Resources Code §5097.5 (see above) also applies to paleontological resources.

In addition, the proposed Project is being evaluated pursuant to CEQA.

RESPONSES
a-i. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No Impact. The proposed Project site is not located within a currently designated Alquist-Priolo Earthquake Fault Zone. There are no active faults in Tulare County. Since no known surface expression of active faults is believed to cross the site, fault rupture through the site is not anticipated. No impacts would occur.

Mitigation Measures: None are required.
a-ii. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? Less than Significant Impact. Although the Project area occurs in an area with historically low to moderate level of seismicity, strong ground shaking could occur in the region; however, the Project would be designed to withstand strong ground shaking, in compliance with the California Building Code, to minimize the potential effects of ground shaking and other seismic activity. Impacts from seismic ground shaking would result in less than significant impacts.

Mitigation Measures: None are required.

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a-iii. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? Less than Significant Impact. See Response a-ii. The Project’s Valley location has a low risk of liquefaction. No Subsidence prone soils or oil or gas production is involved with the proposed Project.

Therefore, the impact is less than significant.

Mitigation Measures: None are required.
a-iv. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Less than Significant Impact. The Project site is located on relatively flat topography and is not located adjacent to any steep slopes or areas that would otherwise be subject to landslides. Therefore, the impact is less than significant.

Mitigation Measures: None are required.
b. Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. According to the Lindsay General Plan, the City of Lindsay sits on top of three integrations of alluvial fans and streams, which drain from the Sierra Nevada mountain range.21 The soils found in Lindsay are variable; most consist of permeable and fertile alluvium with clay subsoil and hardpan. Exeter loam and Honcut loam, are similar to the alluvium except they have a hardpan layer. These soils have excellent drainage and are generally well suited to urban development. The Project site has a primarily flat topography, is in an established urban area and does not include any Project features that would result in soil erosion or loss of topsoil. Therefore, the impact is less than significant.

Mitigation Measures: None are required.
21 Lindsay General Plan, 1989. Land Resources, page 12.

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c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
No Impact. The City of Lindsay sits on top of alluvial fans and streams, including Cross Creek, Cottonwood Creek and Lewis Creek. The soil in the proposed Project area is characterized as moderately deep to a duripan, moderately well drained loam. Adjacent to the eastern edge of the City Limits lie foothills which are known to experience dip slopes and fracturing. This area is at moderate risk for landslides, but is nowhere near the vicinity of the Project site, which is in northern Lindsay. See also Response a-ii. There is no impact.

Mitigation Measures: None are required.
d. Be located on expansive soil, as defined in Table 18-1-B of the most recently adopted Uniform Building Code creating substantial risks to life or property? Less than Significant Impact. See Responses (c) and (a-ii). The impact is less than significant.

Mitigation Measures: None are required.
e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The Project will tie into the City’s existing wastewater system and will not require installation of a septic tank or alternate wastewater disposal system. There is no impact.

Mitigation Measures: None are required.
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact with Mitigation. There are no known paleontological resources on or near the site (See Section V. for more details). Mitigation measures have been added that will protect unknown (buried) resources during construction, including paleontological resources. There are no unique geological features on site or in the area. Mitigation measures CUL-1 and CUL-2 shall be implemented to reduce potential impacts and as such, impacts are considered less than significant with mitigation incorporation.

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Mitigation Measures: CUL-1 and CUL-2.

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VIII. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?

ENVIRONMENTAL SETTING
Various gases in the earth’s atmosphere play an important role in moderating the earth’s surface temperature. Solar radiation enters earth’s atmosphere from space and a portion of the radiation is absorbed by the earth’s surface. The earth emits this radiation back toward space, but the properties of the radiation change from high-frequency solar radiation to lower-frequency infrared radiation. GHGs are transparent to solar radiation, but are effective in absorbing infrared radiation. Consequently, radiation that would otherwise escape back into space is retained, resulting in a warming of the earth’s atmosphere. This phenomenon is known as the greenhouse effect. Scientific research to date indicates that some of the observed climate change is a result of increased GHG emissions associated with human activity. Among the GHGs contributing to the greenhouse effect are water vapor, carbon dioxide (CO2), methane (CH4), ozone, Nitrous Oxide (NOx), and chlorofluorocarbons. Human-caused emissions of these GHGs in excess of natural ambient concentrations are considered responsible for enhancing the greenhouse effect. GHG emissions contributing to global climate change are attributable, in large part, to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors.

In California, the transportation sector is the largest emitter of GHGs, followed by electricity generation.

Global climate change is, indeed, a global issue. GHGs are global pollutants, unlike criteria pollutants and TACs (which are pollutants of regional and/or local concern). Global climate change, if it occurs, could potentially affect water resources in California. Rising temperatures could be anticipated to result in sea-level rise (as polar ice caps melt) and possibly change the timing and amount of precipitation, which could alter water quality. According to some, climate change could result in more extreme weather patterns; both heavier precipitation that could lead to flooding, as well as more extended drought August 08, 2023 Regular Meeting of the Lindsay City Council

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periods. There is uncertainty regarding the timing, magnitude, and nature of the potential changes to water resources as a result of climate change; however, several trends are evident.

Snowpack and snowmelt may also be affected by climate change. Much of California’s precipitation falls as snow in the Sierra Nevada and southern Cascades, and snowpack represents approximately 35 percent of the state’s useable annual water supply. The snowmelt typically occurs from April through July; it provides natural water flow to streams and reservoirs after the annual rainy season has ended. As air temperatures increase due to climate change, the water stored in California’s snowpack could be affected by increasing temperatures resulting in: (1) decreased snowfall, and (2) earlier snowmelt.

Regulatory Setting
Federal
The USEPA Mandatory Reporting Rule (40 CFR Part 98), which became effective December 29, 2009, requires that all facilities that emit more than 25,000 metric tons CO2-equivalent per year beginning in 2010, report their emissions on an annual basis. On May 13, 2010, the USEPA issued a final rule that established an approach to addressing GHG emissions from stationary sources under the CAA permitting programs. The final rule set thresholds for GHG emissions that define when permits under the New Source Review Prevention of Significant Deterioration and title V Operating Permit programs are required for new and existing industrial facilities.

In addition, the Supreme Court decision in Massachusetts v. EPA (Supreme Court Case 05-1120) found that the USEPA has the authority to list GHGs as pollutants and to regulate emissions of GHGs under the CAA. On April 17, 2009, the USEPA found that CO2, CH4, NOx, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride may contribute to air pollution and may endanger public health and welfare. This finding may result in the USEPA regulating GHG emissions; however, to date the USEPA has not proposed regulations based on this finding.

State
California is taking action to reduce GHG emissions. In June 2005, Governor Schwarzenegger signed Executive Order S-3-05 to address climate change and GHG emissions in California. This order sets the following goals for statewide GHG emissions:
• Reduce to 2000 levels by 2010
• Reduce to 1990 levels by 2020
• Reduce to 80 percent below 1990 levels by 2050
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In addition, the proposed Project is being evaluated pursuant to CEQA.

Local
San Joaquin Valley Air Pollution Control District (SJVAPCD) In August 2008, the SJVAPCD adopted the Climate Change Action Plan, which directed the SJVAPCD to develop guidance to assist lead agencies, project proponents, permit applicants, and interested parties in assessing and reducing the impacts of project specific greenhouse gas emissions on global climate change.

In 2009, the SJVAPCD adopted the guidance document: Guidance for Valley Land-Use Agencies in Addressing GHG Emission Impacts for New Projects Under CEQA. This document recommends the usage of performance-based standards, otherwise knowns as Best Performance Standards (BPS), to assess significance of project-specific greenhouse gas emissions on global climate change during the environmental review process. Projects implementing BPS in accordance with SJVAPCD’s guidance would be determined to have a less than significant individual and cumulative impact on greenhouse gas emissions and would not require project specific quantification of greenhouse gas emissions.22

RESPONSES
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impact with Mitigation. Greenhouse gas emissions would generate from longterm area and mobile sources as well as indirectly from energy consumption. Mobile sources would include residential vehicle trips and area source emissions would result from consumption of natural gas and electricity. As discussed above, projects implementing BPS would not require quantification of specific greenhouse gas emissions and such projects would be determined to have a less than significant individual and cumulative impact for greenhouse gas emissions; however, GHG gas emissions are also quantified and provided in Table 3. As such, the proposed Project’s greenhouse gas emissions would not be considered a significant impact if the Project would implement BPS strategies, in accordance with 22 SJVAPCD. Guidance for Assessing and Mitigating Air Quality Impacts. March 19, 2015. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf. Accessed April 2021. Page 112.

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SJVAPCD recommendations. Exact project feature details are not yet available, therefore, the implementation of GHG-1 would ensure that any impacts remain less than significant.

Mitigation Measures:

GHG-1: The project developer shall demonstrate compliance with the applicable BPS strategies to the Planning Division prior to the issuance of a building permit. The following PBS strategies are considered to be applicable, feasible, and effective in reducing greenhouse gas emissions generated by the project:
• The project developer shall provide a pedestrian access network that internally links all residential units and connects to the existing surrounding external streets and pedestrian facilities. • The project developer shall ensure site design and building placement minimize barriers to pedestrian access and interconnectivity. Physical barriers such as wells, berms, landscaping, and slopes between residential uses that impede bicycle or pedestrian circulation shall be eliminated. In addition, barriers to pedestrian access of neighboring facilities and sites shall be minimized.
• Any transit stops associated with the project shall be provided with safe and convenient bicycle/pedestrian access and provide essential transit stop improvements (i.e., shelters, route information, benches, and lighting).
• The project developer shall install energy efficient roofing materials. • The project developer shall plant trees to provide shade. • The project developer shall install only natural gas or electric stoves in residences. The project developer shall install energy efficient heating and cooling systems, appliances and equipment, and control systems. b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
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Less Than Significant Impact. As discussed above, the SJVAPCD adopted guidance that relies on the use of BPS strategies to assess significance of project-specific greenhouse gas emissions impacts. Project implementing BPS strategies in accordance with SJVAPCD’s guidance would be determined to have a less than significant impact on greenhouse gas emissions and would not require project specific quantification of greenhouse gas emissions. With implementation of GHG-1, the proposed Project would implement BPS strategies as discussed in the SJVAPCD’s Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. Therefore, the proposed Project would not conflict with policies or regulations adopted for the purpose of reducing the emissions of greenhouse gases. Any impacts would be less than significant.

Mitigation Measures: None are required.

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IX. HAZARDS AND HAZARDOUS

MATERIALS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard for
people residing or working in the project
area?
f. Impair implementation of or physically
interfere with an adopted emergency
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response plan or emergency evacuation
plan?
g. Expose people or structures either directly
or indirectly to a significant risk of loss,
injury or death involving wildland fires?

ENVIRONMENTAL SETTING
The proposed Project site is located in the northern portion of the City of Lindsay, near primarily residential and recreational/public land uses. The site is currently vacant with minimal vegetation.

Residences exist within a quarter-mile of the Project site on east, south, and west. The Project site is approximately 3.5 miles south of the Thunderhawk Field Airport/Exeter Airport. Fresno-Yosemite International Airport is the closest major airport to the proposed Project site, approximately 52 miles northwest.

REGULATORY SETTING
Federal
The primary federal agencies with responsibility for hazardous materials management include the EPA, U.S. Department of Labor Occupational Safety and Health Administration (OSHA), and the U.S.

Department of Transportation (DOT). The Environmental Protection Agency (EPA) was created to protect human health and to safeguard the natural environment – air, water and land – and works closely with other federal agencies, and state and local governments to develop and enforce regulations under existing environmental laws. Where national standards are not met, EPA can issue sanctions and take other steps to assist the states in reaching the desired levels of environmental quality. EPA also works with industries and all levels of government in a wide variety of voluntary pollution prevention programs and energy conservation efforts.

State
The California Department of Industrial Relations, Division of Occupational Safety and Health is the administering agency designed to protect worker health and general facility safety. The California Department of Forestry and Fire Protection has designated the area that includes the proposed Project site as a Local Responsibility Area, defined as an area where the local fire jurisdiction is responsible for emergency fire response.

In addition, the proposed Project is being evaluated pursuant to CEQA.

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RESPONSES
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less Than Significant Impact. The proposed Project would include the construction of up to 116 residential homes with the associated improvements. Proposed Project construction activities may involve the use and transport of hazardous materials. These materials may include fuels, oils, mechanical fluids, and other chemicals used during construction. Transportation, storage, use, and disposal of hazardous materials during construction activities would be required to comply with applicable federal, state, and local statutes and regulations. Compliance would ensure that human health and the environment are not exposed to hazardous materials. In addition, the Project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) permit program through the submission and implementation of a Stormwater Pollution Prevention Plan during construction activities to prevent contaminated runoff from leaving the project site. Therefore, no significant impacts would occur during construction activities.

The operational phase of the proposed Project would occur after construction is completed and residents move in to occupy the structures on a day-to-day basis. Upon approval of entitlements proposed as part of the Project, the proposed Project will include land uses that are considered compatible with the surrounding uses. The current land uses are also considered compatible with the surrounding uses. None of these land uses routinely transport, use, or dispose of hazardous materials, or present a reasonably foreseeable release of hazardous materials, with the exception of common residential grade hazardous materials such as household and commercial cleaners, paint, etc. The proposed Project would not create a significant hazard through the routine transport, use, or disposal of hazardous materials, nor would a significant hazard to the public or to the environment through the reasonably foreseeable upset and accidental conditions involving the likely release of hazardous materials into the environment occur.

Therefore, the proposed Project will not create a significant hazard to the public or the environment and any impacts would be less than significant.

Mitigation Measures: None are required.
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? August 08, 2023 Regular Meeting of the Lindsay City Council

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Less than Significant Impact. See Response a. above. Any accumulated hazardous construction or operational wastes will be collected and transported away from the site in compliance with all federal, state and local regulations. Any impacts would be less than significant.

Mitigation Measures: None are required.
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact. Roosevelt Elementary School is located within one-quarter mile of the Project site. As the proposed Project includes the development of single-family and multi-family residences, it is not reasonably foreseeable that the proposed Project will cause a significant impact by emitting hazardous waste or bringing hazardous materials near a proposed or existing school.

Residential land uses do not generate, store, or dispose of significant quantities of hazardous materials.

Such uses also do not normally involve dangerous activities that could expose persons onsite or in the surrounding areas to large quantities of hazardous materials. See also Responses a. and b. regarding hazardous material handling. The impact is less than significant.

Mitigation Measures: None are required.
d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The proposed Project site is not located on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Geotracker and DTSC Envirostor databases – accessed in April 2022). The nearest Department of Toxic Substances Control listed site is the American Can Company site on North Mount Vernon Avenue, located approximately 0.5-miles south of the proposed Project site. There are no hazardous materials sites that impact the Project.

Mitigation Measures: None are required.
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
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No Impact. The proposed Project site is approximately 3.5 miles southeast of the Thunderhawk Field Airport/Exeter Airport. Land use controls for this area are provided by the Tulare County General Plan and Zoning Ordinance, Part 77.21 and the Tulare County Comprehensive Airport Land Use Plan, 2012.

The Project site is outside the height and safety restriction zones imposed by these plans. There is no impact.

Mitigation Measures: None are required.
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No Impact. The Project will not interfere with any adopted emergency response or evacuation plan.

There is no impact.

Mitigation Measures: None are required.
g. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
No Impact. There are no wildlands on or near the Project site. There is no impact.

Mitigation Measures: None are required.

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X. HYDROLOGY AND WATER

QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact No Impact
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface or
ground water quality?
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
i. Result in substantial erosion or
siltation on- or off- site;
ii. substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;
iii. create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff; or
iv. impede or redirect flood flows?
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X. HYDROLOGY AND WATER

QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact No Impact
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?

ENVIRONMENTAL SETTING
According to the City of Lindsay’s General Plan, since 1982, the City's primary source of water has been surface water from the Central Valley Project (CVP) which is transported via the Friant-Kern Canal. This is Class 2 water with an uncertain availability during years of below normal runoff. The need for a more dependable supply of Class 1 water resulted in a contract between the City and the U.S. Bureau of Reclamation in 1985 for the delivery of 2,500 acre-feet of Class 1, CVP entitlement water. Drainage within the urban area is facilitated by a system of curbs and gutters, storm drainage lines and inlets, dry wells, retention basins, a pump lift station and use of Lewis Creek for limited disposal. For purposes of management, surface water drainage is accomplished in four drainage areas - Westwood, Central, Harvard and County. Retention basins include the Mariposa St. basin north of Jefferson School (Westwood), the Sequoia Avenue basin west of the Hospital (Central), and the Harvard basin at Harvard Park (Harvard). The Tulare County drainage area is located in the northeastern part of the urban area and mostly outside of the City.

REGULATORY SETTING
Federal
Clean Water Act
The Clean Water Act (CWA) is intended to restore and maintain the chemical, physical, and biological integrity of the nation’s waters (33 CFR 1251). The regulations implementing the CWA protect waters of the U.S. including streams and wetlands (33 CFR 328.3). The CWA requires states to set standards to protect, maintain, and restore water quality by regulating point source and some non-point source discharges. Under Section 402 of the CWA, the National Pollutant Discharge Elimination System (NPDES) permit process was established to regulate these discharges.

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The National Flood Insurance Act (1968) makes available federally subsidized flood insurance to owners of flood-prone properties. To facilitate identifying areas with flood potential, Federal Emergency Management Agency (FEMA) has developed Flood Insurance Rate Maps (FIRM) that can be used for planning purposes.

State
State Water Resources Control Board
The State Water Resources Control Board (SWRCB), located in Sacramento, is the agency with jurisdiction over water quality issues in the State of California. The SWRCB is governed by the PorterCologne Water Quality Act (Division 7 of the California Water Code), which establishes the legal framework for water quality control activities by the SWRCB. The intent of the Porter-Cologne Act is to regulate factors which may affect the quality of waters of the State to attain the highest quality which is reasonable, considering a full range of demands and values. Much of the implementation of the SWRCB's responsibilities is delegated to its nine Regional Boards. The proposed Project site is located within the Central Valley Region.

Regional Water Quality Board
The Regional Water Quality Control Board (RWQCB) administers the NPDES storm water-permitting program in the Central Valley region. Construction activities on one acre or more are subject to the permitting requirements of the NPDES General Permit for Discharges of Storm Water Runoff Associated with Construction Activity (General Construction Permit). The General Construction Permit requires the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The plan will include specifications for Best Management Practices (BMPs) that will be implemented during proposed Project construction to control degradation of surface water by preventing the potential erosion of sediments or discharge of pollutants from the construction area. The General Construction Permit program was established by the RWQCB for the specific purpose of reducing impacts to surface waters that may occur due to construction activities. BMPs have been established by the RWQCB in the California Storm Water Best Management Practice Handbook (2003) and are recognized as effectively reducing degradation of surface waters to an acceptable level. Additionally, the SWPPP will describe measures to prevent or control runoff degradation after construction is complete and identify a plan to inspect and maintain these facilities or project elements.

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RESPONSES
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. The State Water Resources Control Board requires any new construction project over an acre to complete a Stormwater Pollution Prevention Plan (SWPPP). A SWPPP involves site planning and scheduling, limiting disturbed soil areas, and determining best management practices to minimize the risk of pollution and sediments being discharged from construction sites.

Implementation of the SWPPP will minimize the potential for impacts associated with erosion or siltation onsite or offsite.

The proposed Project will result in wastewater from residential units that will be discharged into the City’s existing wastewater treatment system. The wastewater will be typical of other urban/residential developments consisting of bathrooms, kitchen drains and other similar features. The Project will not discharge any unusual or atypical wastewater. At site buildout the Project will be developed with single and multi-family homes. The number of allowable multi-family units will be reflective of the City’s anticipated water usage for that designated area. Therefore, the proposed Project will not result in additional production of wastewater that was not already accounted for in the City’s infrastructure planning documents.

Additionally, there will be no discharge to any surface or groundwater source. As such, the proposed Project will not violate any water quality standards and will not impact waste discharge requirements.

The impact will be less than significant.

Mitigation Measures: None are required.
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? The City of Lindsay (and proposed Project site) is located the Tulare Lake Basin, in an area managed by the East Kaweah Groundwater Sustainability Agency (EKGSA). The EKGSA is tasked with balancing groundwater levels in the Lindsay area, ensuring the sustainability of the underlying water supply. The proposed project will connect to the City’s water system, which is served by a mix of both ground and surface water.

The site is currently mostly vacant land with minimal vegetation. Project demands for groundwater resources in connection with the proposed Project would not substantially deplete groundwater supplies August 08, 2023 Regular Meeting of the Lindsay City Council

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and/or otherwise interfere with groundwater recharge efforts being implemented by the City of Lindsay.

The site has been planned and designated for urban development and while the change in designation from low density residential to medium density residential would slightly increase the water demand, all potential development will be required to adhere to all City and State mandated water conservation measures and regulations. Therefore, the proposed Project would not substantially deplete ground water supplies or interfere substantially with groundwater recharge. As such, there is a less than significant impact to this impact area.

Mitigation Measures: None are required.
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or offsite; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. impede or redirect flood flows?
Less than Significant Impact. The Project site is currently vacant. The site will be designed so that during construction storm water is collected in compliance with City of Lindsay standards. At full buildout, the stormwater will tie into the City’s existing storm drain system, which has adequate capacity. The storm water collection system design will be subject to review and approval by the City Public Works Department. Storm water during construction will be managed as part of the Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP is retained on-site during construction. All other on-site drainage will be collected and deposited in the City’s storm drain system. Impacts regarding the alteration of drainage patterns to increase runoff that will potentially induce flooding have been discussed in the impact analysis for Response IX-c.

Implementation of the proposed Project will not require expansion of the City’s existing stormwater system (other than onsite collection system), nor will it result in additional sources of polluted runoff.

The Project would not otherwise degrade water quality and therefore the impact is less than significant.

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Mitigation Measures: None are required.
d. In flood hazard, tsunami or seiche zones, risk release of pollutants due to project inundation? e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. The Project site is within Zone X, which experiences minimal flood hazards, as indicated by FEMA flood hazard map 06107C1305E, effective 6/16/2009. The site is not within a 100-year flood zone or a 500-year flood zone. The site will be designed for adequate storm drainage.

There are no inland water bodies that could be potentially susceptible to a seiche in the Project vicinity.

This precludes the possibility of a seiche inundating the Project site. The Project site is more than 100 miles from the Pacific Ocean, a condition that precludes the possibility of inundation by tsunami. There are no steep slopes that would be susceptible to a mudflow in the Project vicinity, nor are there any volcanically active features that could produce a mudflow in the City of Lindsay. This precludes the possibility of a mudflow inundating the Project site.

As such, impacts related to exposure of people or structures to a risk of loss, injury, or death involving flooding as a result of the failure of a levee or dam would be less than significant.

Mitigation Measures: None are required.

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XI. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Physically divide an established
community?
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?

ENVIRONMENTAL SETTING
The Lindsay planning area is dominated by residential, commercial, and industrial use, with supporting public and semi-public facilities such as schools, parks, government offices, churches, hospital and public utilities. The City encompasses an area of approximately 2.33 square miles, or 1,490 gross acres of land including streets. The City is surrounded by agricultural land which is mostly devoted to orange and olive groves, with some irrigated pasture and field crops to the north.

Table 6
Distribution of Urban Land Use Within the Urban Development Boundary23 23 City of Lindsay General Plan, Part II Environmental Setting.

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Additionally, according to the City’s 2019 Housing Element, the City has estimated the following residential development feasibility:

Table 7
Residential Development Capacity Estimates
Development Potential

Existing
Undeveloped
Lots
Acres
Feasibility Maximum Units Likely Units
Low 285 164 10 26
Medium 399 283 5 57
High 1655 1149 174 215
Total 2339 1596 189 298
The proposed Project site is located in the northern part of the City of Lindsay and is currently vacant.

The Project site is bounded to the east by Parkside Avenue, to the north by Hickory Street, to the west by Sequoia Avenue/Road 214 and to the south by Ono City Parkway. Residential subdivisions lie to the east, August 08, 2023 Regular Meeting of the Lindsay City Council

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southeast, and west. Roosevelt Elementary School lies north of the site across W Hickory Street. The Project consists of development of 85 single-family residential units and 31 multi-family residential housing on approximately on approximately 32 acres.

The site is currently designated as Low Density by the City’s General Plan and zoned as R-1-7 (Single Family Residential). Surrounding General Plan Designation, land use and zoning information is identified in Table 8.

Table 8
Existing Land Use, General Plan Designation and Zoning
Location Existing Land
Use
Current Zoning
Classification
General Plan
Designation
North Roosevelt Elementary
School, and vacant
land.

RCO, R-1-7 Low Density (Reserve).

South County Health Agency
and Lindsay Wellness
Center.

PO, RCO Public & Semi-Public Facility
and Park & Recreation.

West Residential housing. PO, RCO, R-1-7 Low Density.

East Existing single-family
residence and
residential housing.

R-1-7 Very Low and Low Density.

REGULATORY SETTING
Federal
Federal regulations for land use are not relevant to the proposed Project because it is not a federal undertaking (the proposed Project site is not located on lands administered by a federal agency, and the Project applicant is not requesting federal funding or a federal permit).

State
SB 330 Housing Crisis Act of 2019
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On October 9, 2019, Gov. Gavin Newsom signed the Housing Crisis Act of 2019 into law, commonly known as Senate Bill 330 (Chapter 654, Statutes of 2019) to respond to the California housing crisis.

Effective January 1, 2020, SB330 aims to increase residential unit development, protect existing housing inventory, and expedite permit processing. This new law makes a number of modifications to existing legislation, such as the Permit Streamlining Act and the Housing Accountability Act and institutes the Housing Crisis Act of 2019. Many of the changes proposed last for a 5-year period and sunset on January 1, 2025. Under this legislation, municipal and county agencies are restricted in ordinances and polices that can be applied to residential development. The revised definition of “Housing Development” now contains residential projects of two or more units, mixed-use projects (with two-thirds of the floor area designated for residential use), transitional, supportive, and emergency housing projects.

RESPONSES
a. Physically divide an established community?
b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. As noted earlier, the proposed Project is located in the northern portion of the City of Lindsay, in an area of suburban residential and recreational/public land uses. The proposed Project site is currently vacant and has a residential home on the eastern boundary, Lindsay community center on the southeastern boundary, and County Health and Human Services Agency on the southwestern boundary.

The Project includes up to 85 single-family residential units and 31 multi-family residential units on approximately 32 acres of land. As a part of the Project, the Land Use Map of the Lindsay General Plan would be amended to change the land use designation of the southern part of the site to medium density residential and the zone would be changed to RM-3 (multi-family residential), which would be consistent with the General Plan land use designation. The RM-3 zone on approximately 2.5 acres of land would allow for the development of up to 31 multi-family units at full buildout. A Planned Unit Development (PUD) – Overlay will be submitted to the City of Lindsay for review.

Upon approval of the land use change and zone change, the Project will be subject to strict adherence to the Development Policies and Standards for Medium- and High-Density Areas, as outlined by the City August 08, 2023 Regular Meeting of the Lindsay City Council

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of Lindsay General Plan. 24 The proposed project is located in an area that is planned for intense residential development and is located within and near existing communities. The proposed Project will be constructed in an area planned for residential development where existing infrastructure is available, including an elementary school, neighborhood commercial shopping centers and a recreational park, all within one mile radius. It is determined that the proposed Project is consistent with respective general plan objectives and policies and will not significantly conflict with applicable land use plans, policies or regulations of the City of Lindsay.

The Project has no characteristics that would physically divide the City of Lindsay. Access to the existing surrounding areas will be improved with Project implementation. The construction and operation of the Project would not divide an established community.

No impacts would occur as a result of this Project.

Mitigation Measures: None are required.
24 Lindsay General Plan, 1989. Housing Element, page 56.

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XII. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state?
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?

ENVIRONMENTAL SETTING
The City of Lindsay is situated along the western slope of the Sierra Nevada. The Sierra Nevada geomorphic province is primarily composed of cretaceous granitic plutons and remnants of Paleozoic and Mesozoic metavolcanic and metasedimentary rocks, and Cenozoic volcan and sedimentary rocks.

The elevation of the City is approximately 375 feet above mean sea level. The east side of the Valley floor in Tulare County is a broad plain of low relief, consisting of three large and coalescing alluvial fans and streams draining from the Sierra Nevada. Three creeks -- Cross, Cottonwood and Lewis Creeks – are intermittent streams.

Currently, the most economically significant mineral resources in Tulare County are sand, gravel, and crushed stone, used as sources for aggregate (road materials and other construction). The two major sources of aggregate are alluvial deposits (riverbeds, and floodplains), and hard rock quarries.

Consequently, most Tulare County mines are located along rivers at the base of the Sierra foothills.

According to the Tulare County General Plan, there are no known mineral resource production sites in the City of Lindsay.

REGULATORY SETTING
There are no federal, state or local regulations pertaining to mineral resources relevant to the proposed Project.

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RESPONSES
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
No Impact. As shown in Figure 10-1 of the Tulare County General Plan, the proposed Project area is not included in a classified mineral resource zone. Therefore, there is no impact.

Mitigation Measures: None are required.
b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As shown in Figure 10-1 of the Tulare County General Plan, the proposed Project area is not included in a classified mineral resource zone. Soil disturbance for the proposed Project would be limited site groundwork such as grading, foundations, and installation of infrastructure. Therefore, there is no impact.

Mitigation Measures: None are required.

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XIII. NOISE
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the local
general plan or noise ordinance, or
applicable standards of other agencies?
b. Generation of excessive groundborne
vibration or groundborne noise levels?
c. For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?

ENVIRONMENTAL SETTING
The Project site is located in the northern part of the City of Lindsay and is currently vacant. The proposed Project site is located in an area that is substantially surrounded by urban uses, with some agricultural/vacant land to the north and west. Roosevelt Elementary School is located to the north of the Project area, and Tulare County’s Health and Human Services office is located to the southwest.

The primary existing noise sources contributing to ambient noise in the proposed Project area are traffic noises and noises associated with neighborhoods and agriculture.

REGULATORY SETTING
Federal
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The Federal Railway Administration (FRA) and the Federal Transit Administration (FTA) have published guidance relative to vibration impacts. According to the FRA, fragile buildings can be exposed to ground-borne vibration levels of 0.5 PPV without experiencing structural damage32. The FTA has identified the human annoyance response to vibration levels as 80 RMS.

State
The State Building Code, Title 24, Part 2 of the State of California Code of Regulations establishes uniform minimum noise insulation performance standards to protect persons within new buildings which house people, including hotels, motels, dormitories, apartment houses and dwellings other than single-family dwellings. Title 24 mandates that interior noise levels attributable to exterior sources shall not exceed 45 dB Ldn or CNEL in any habitable room.

Title 24 also mandates that for structures containing noise-sensitive uses to be located where the Ldn or CNEL exceeds 60 dB, an acoustical analysis must be prepared to identify mechanisms for limiting exterior noise to the prescribed allowable interior levels. If the interior allowable noise levels are met by requiring that windows be kept closed, the design for the structure must also specify a ventilation or air conditioning system to provide a habitable interior environment Local
Measuring and reporting noise levels involves accounting for variations in sensitivity to noise during the daytime versus nighttime hours. Noise descriptors used for analysis need to factor in human sensitivity to nighttime noise when background noise levels are generally lower than in the daytime and outside noise intrusions are more noticeable. Common descriptors include the Community Noise Equivalent Level (CNEL) and the Day-Night Average Level (Ldn). Both reflect noise exposure over an average day with weighting to reflect the increased sensitivity to noise during the evening and night. The two descriptors are roughly equivalent. The CNEL descriptor is used in relation to major continuous noise sources, such as aircraft or traffic, and is the reference level for the Noise Element under State planning law.

RESPONSES
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b. Generation of excessive groundborne vibration or groundborne noise levels? August 08, 2023 Regular Meeting of the Lindsay City Council

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Less than Significant Impact. According to the City’s General Plan EIR, the major noise sources in Lindsay are related to roadways and vehicle traffic.25 The most significant source of noise located near the Project site would be railway tracks located less than a quarter-mile to the west. Other noise sources would include traffic on nearby residential roads and the surrounding residences. Noise from the proposed Project will be similar to these existing conditions and will generally include noise from vehicles, air conditioner units and other similar equipment. It is not expected that the proposed Project will result in a discernable increase in noise to surrounding land uses.

Proposed Project construction related activities will involve temporary noise sources. Typical construction related equipment include graders, trenchers, small tractors and excavators. During the proposed Project construction, noise from construction related activities will contribute to the noise environment in the immediate vicinity.

Activities involved in construction will generate maximum noise levels, as indicated in Table 9, ranging from 79 to 91 dBA at a distance of 50 feet, without feasible noise control (e.g., mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise controls.

Table 9
Typical Construction Noise Levels
Type of Equipment dBA at 50 ft
Without Feasible Noise Control With Feasible Noise
Dozer or Tractor 80 75
Excavator 88 80
Scraper 88 80
Front End Loader 79 75
Backhoe 85 75
Grader 85 75
Truck 91 75
The distinction between short-term construction noise impacts and long-term operational noise impacts is a typical one in both CEQA documents and local noise ordinances, which generally recognize the reality that short-term noise from construction is inevitable and cannot be mitigated beyond a certain level. Thus, local agencies frequently tolerate short-term noise at levels that they would not accept for permanent noise sources. A more severe approach would be impractical and might preclude the kind of 25 Lindsay General Plan, Draft EIR, 1989. The Noise Environment, page 91.

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construction activities that are to be expected from time to time in urban environments. Most residents of urban areas recognize this reality and expect to hear construction activities on occasion.

Typical outdoor sources of perceptible ground borne vibration are construction equipment, steelwheeled trains, and traffic on rough roads. Construction vibrations can be transient, random, or continuous. Construction associated with the proposed Project includes the construction of residences and roadways.

The approximate threshold of vibration perception is 65 VdB, while 85 VdB is the vibration acceptable only if there are an infrequent number of events per day. Table 10 describes the typical construction equipment vibration levels.

Table 10
Typical Construction Vibration Levels
Equipment VdB at 25 ft
Small Bulldozer 58
Jackhammer 79
Vibration from construction activities will be temporary and not exceed the FTA threshold for the nearest residences, which are located approximately 50 feet from the development.

Impacts are less than significant.

Mitigation Measures:

None are required.
c. For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is not located within an airport land use plan. Therefore, there is no impact.

Mitigation Measures: None are required.

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XIV. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?
b. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?

ENVIRONMENTAL SETTING
The California Department of Finance (DOF) estimated that the City had a population of 13,090 at the beginning of 2021, while in 2014 the population was 12,576, which represents a 4.1% increase. 26 According to the Tulare County Regional Housing Needs Assessment (RHNA), the City of Lindsay needs a total 590 net new housing units between 1/1/2014 and 9/30/23.27

REGULATORY SETTING
Federal
The U.S. Department of Housing and Urban Development’s (HUD) mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business.28 State
26 State of California Department of Finance. E-5 Population and Housing Estimates for Cities, Counties, and the State – January 2-11-2021. https://dof.ca.gov/Forecasting/Demographics/Estimates/estimates-e5-2010-2021/. Accessed April 2022. 27 Tulare County Associated of Governments. Final Regional Housing Needs Plan for Tulare County 2014-2023. June 2014. https://tularecog.org/tcag/studies/regional-housing-needs-assessment-rhna/. Accessed April 2022. 28 U.S. Department of Housing and Urban Development, Mission, https://www.hud.gov/about/mission. Accessed April 2022.

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The California Department of Housing and Community Development (HCD’s) mission is to “promote safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians.29 In 1977, the State Department of Housing and Community Development (HCD) adopted regulations under the California Administrative Code, known as the Housing Element Guidelines, which are to be followed by local governments in the preparation of local housing elements. AB 2853, enacted in 1980, further codified housing element requirements. Since that time, new amendments to State Housing Law have been enacted. State Housing Law also mandates that local governments identify existing and future housing needs in a Regional Housing Needs Assessment (RHNA).

Local
California Housing Element law requires every jurisdiction to prepare and adopt a housing element as part of a City’s General Plan. State Housing Element requirements are framed in the California Government Code, Sections 65580 through 65589, Chapter 1143, Article 10.6. The law requires the State Department of Housing and Community Development (HCD) to administer the law by reviewing housing elements for compliance with State law and by reporting its written findings to the local jurisdiction. Although State law allows local governments to decide when to update their general plans, State Housing Element law mandates that housing elements be updated every eight years.

According to City of Lindsay’s 2019 Housing Element, there is no city program to limit growth. Longterm growth boundaries are established by LAFCO, consistent with county policy and state law. The Housing Element’s Zoning and Development Standards also state that as a matter of policy and practice, the City does not use zoning and development standards to constrain or unnecessarily hinder housing development. Such standards are employed to ensure land use compatibility and to provide minimal necessary guidance for new development in order to protect public health, safety, and welfare.

RESPONSES
a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. The proposed Project would include the construction of up to 116 residential units (31 multi-family units and 85 single-family units) and internal access roads. At full buildout, the Project which would result in approximately 451 additional residents based on the 3.92 29 California Department of Housing and Community Development, Mission, https://www.hcd.ca.gov/about/mission.shtml. Accessed April 2022.

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persons per household rate for the City30, resulting in an increase of the City’s population by approximately

3.5%. The site is within the City limits and as such, residential site development is expected and has been planned for. The proposed Project would also assist the City in reaching its RHNA goal, therefore impacts are less than significant.

Mitigation Measures: None are required.
b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
Less than Significant. There are no residential structures currently on-site. As mentioned earlier, the proposed Project will add single and multi-family residential housing for the community. No houses will be displaced and as such, there will be no impact.

Mitigation Measures: None are required.
30 California Department of Housing and Community Development, Mission, https://www.hcd.ca.gov/about/mission.shtml. Accessed April 2022.

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XV. PUBLIC SERVICES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?

ENVIRONMENTAL SETTING
The proposed Project site is located in the northern part of the City of Lindsay and is in an area already served by public service systems. The Project site consists of development of 116 residential units across multiple land parcels, all zoned as residential. The site is surrounded primarily by residential uses to the east and west, with Roosevelt Elementary School to the north, a Lindsay Wellness Center to the south, and County Health and Human Services Agency to the southwest.

REGULATORY SETTING
Federal
National Fire Protection Association
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The National Fire Protection Association (NFPA) is an international nonprofit organization that provides consensus codes and standards, research, training, and education on fire prevention and public safety.

The NFPA develops, publishes, and disseminates more than 300 such codes and standards intended to minimize the possibility and effects of fire and other risks. The NFPA publishes the NFPA 1, Uniform Fire Code, which provides requirements to establish a reasonable level of fire safety and property protection in new and existing buildings.

State
California Fire Code and Building Code
The 2007 California Fire Code (Title 24, Part 9 of the California Code of Regulations) establishes regulations to safeguard against hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises. The Fire Code also establishes requirements intended to provide safety and assistance to fire fighters and emergency responders during emergency operations. The provision of the Fire Code includes regulations regarding fire-resistance rated construction, fire protection systems such as alarm and sprinkler systems, fire service features such as fire apparatus access roads, fire safety during construction and demolition, and wildland urban interface areas.

In addition, the proposed Project is being evaluated pursuant to CEQA.

Local
The City of Lindsay 2019 Housing Element requires for the Project developer to pay the school fees, development impact fees and utility connection fees.

RESPONSES
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection?
Less than Significant Impact. The proposed Project site will continue to be served by the City of Lindsay’s combined police/fire facility, located approximately 0.7 miles east of the site at 185 North Gale Hill Avenue. The Project developer would be required to submit plans to the City Fire Department for review and approval prior to the issuance of building permits to ensure the Project would conform to August 08, 2023 Regular Meeting of the Lindsay City Council

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applicable building codes and would provide an on-site fire hydrant system in the event of an on-site fire. The Project will also include new internal access roads that would provide access to emergency vehicles in the event of a fire and would connect to the larger circulation system to ensure adequate provision of emergency access to the Project site. As such, any impacts would be less than significant.

Police Protection?
Less than Significant Impact. The proposed Project includes the construction of 116 single- and multifamily residential units, which will accommodate approximately 451 persons. Protection services would be provided to the Project site from the existing Lindsay Police Department, approximately 0.75 miles to the southeast of the site. As the Project site is located in an area currently served by the Police Department and the site has been designated for urban use by the General Plan, the department would not need to expand its existing service area or construct a new facility to serve the Project site. The impact is less than significant.

Schools?
Less than Significant Impact. The proposed Project site is located within the Lindsay Unified School District. Roosevelt Elementary School is located less than a quarter mile north of the Project site. Other elementary schools in the district include Jefferson Elementary, Washington Elementary, Reagan Elementary, Kennedy Elementary (K-8), and Lincoln Elementary. Project site would be served by Lindsay High School or John J. Cairns Continuation High School for upper grades. Pursuant to California Education Code Section 17620(a)(1), the governing board of any school district is authorized to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district for the purpose of funding the construction or reconstruction of school facilities. The Project applicant would be required to pay such fees to reduce any impacts of new residential development of school services. Payment of the developer fees will offset the addition of school-age children within the district. As such, any impacts would be less than significant.

Parks?
Less than Significant Impact. The nearest City park to the proposed Project site is the Lindsay Wellness Center which is located directly south and across the Ono City Parkway. The General Plan of Lindsay states that the community level recreational sites provided by school and park sites in the City ensure recreational opportunity above the maximum level that can be applied under State Law (known as the Quimby Act). This State Law enforces 5.0 developed acres of recreational land per 1,000 residents.

Developer impact fees are collected by the City to ensure compliance with the Quimby Act. As such, any impacts would remain less than significant.

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Other public facilities?
Less than Significant Impact. The proposed Project is within the land use and growth projections identified in the City’s General Plan and other infrastructure studies. As such, the Project would not result in increased demand on other public facilities such as library services that has not already been planned for. Any impacts would be less than significant.

Mitigation Measures: None are required.

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XVI. RECREATION
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?

ENVIRONMENTAL SETTING
The City of Lindsay provides its residents several types of parks and recreational facilities. Parks are defined as land owned or leased by the City and used for public recreational purposes. The City’s recreational resources consist of Olive Bowl Park and the Lindsay Wellness Center. The Wellness Center offers a variety of services to the residents of Lindsay including eight-lane swimming pool laboratory services, gym equipment and facility, exercise classes, physical therapy (including therapy pool), and special event rental facility.

REGULATORY SETTING
The proposed Project is being evaluated pursuant to CEQA; however, there are no additional federal, state or local regulations, plans, programs, and guidelines associated with recreation that are applicable to the proposed Project.

RESPONSES
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? August 08, 2023 Regular Meeting of the Lindsay City Council

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Less than Significant Impact. As described in Impact XV(a), the City collects developer impact fees to ensure that any impacts related to recreation remain less than significant.

Mitigation Measures: None are required.
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. The proposed Project does not include the construction of recreation facilities. Less than significant impacts would occur.

Mitigation Measures: None are required.

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XVII. TRANSPORTATION/TRAFFIC
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b. Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3,
subdivision (b)?
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d. Result in inadequate emergency access?

ENVIRONMENTAL SETTING
The proposed development is located on multiple APNs in the City of Lindsay, which lies east of State Route 65. The Project site is bounded to the east by Parkside Avenue, to the north by Hickory Street, to the west by Sequoia Avenue/Road 214 and to the south by Ono City Parkway. Residential subdivisions lie to the east, southeast, and west. Roosevelt Elementary School lies north of the site across W Hickory Street. The nearest airport to the proposed Project site is the Thunderhawk Field Airport/Exeter Airport, a private airport located approximately 3.5 miles northeast of the site.

Regulatory Setting
Federal
Federal Transit Administration.

The Federal Transit Administration (FTA) is an authority that provides financial and technical assistance to local public transit systems, including buses, subways, light rail, commuter rail, trolleys, and ferries.

The FTA is funded by Title 49 of the United States Code, which states the FTA’s interest in fostering the development and revitalization of public transportation.

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Americans with Disabilities Act of 1990.

Titles I, II, III, IV, and V of the ADA have been codified in Title 42 of the United States Code, beginning at Section 12101. Title III prohibits discrimination on the basis of disability in “places of public accommodation” (businesses and nonprofit agencies that serve the public) and “commercial facilities” (other businesses). The regulation includes Standards for Accessible Design, which establish minimum standards for ensuring accessibility when designing and constructing a new facility or altering an existing facility.

State
Senate Bill (SB) 743.

On September 27, 2013, Governor Jerry Brown signed SB 743 into law and codified a process that changed transportation impact analysis as part of CEQA compliance. SB 743 directs the California Office of Planning and Research (OPR) to administer new CEQA guidance for jurisdictions that removes automobile vehicle delay and LOS or other similar measures of vehicular capacity or traffic congestions from CEQA transportation analysis. Rather, it requires the analysis of VMT or other measures that “promote the reduction of greenhouse gas emissions, the development of multi‐modal transportation networks, and a diversity of land uses,” to be used as a basis for determining significant impacts to circulation in California. The goal of SB 743 is to appropriately balance the needs of congestion management with statewide goals related to reducing GHG emissions, encourage infill development, and promote public health through active transportation.

RESPONSES
a. Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less Than Significant Impact. The proposed Project includes the development of 116 residential units in the City of Lindsay. Project development would be in accordance with alternative transportation policies included in the City of Lindsay General Plan, the Tulare County Regional Transportation Plan, and any other adopted policies, plans or programs supporting alternative transportation. As such, any impacts are considered less than significant. b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less than Significant Impact With Mitigation. The proposed Project consists of development of 116 residential units on approximately 32 acres of land. The Project Developer intends to construct up to August 08, 2023 Regular Meeting of the Lindsay City Council

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31 multi-family residences and 85 single-family residential homes. Project components will include interior access roads, street lighting and landscaping, as detailed on Figures 3 and 4.

A Vehicle Miles Travelled (VMT) Analysis was conducted by Ruettgers & Schuler Civil Engineers on behalf of the Project. The report can be found in its entirety in Appendix C. The following analysis is taken directly from the report.

Trip Generation
The trip generation volumes shown in Table 11 were calculated using the Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition. The ADT, AM, and PM peak hour rates and the peak hour directional splits for ITE Land Use Codes 210 (Single-Family detached Housing) and 220 (Multifamily Housing – Low Rise) were used to estimate the project traffic volumes.

Table 11
Trip Generation
General Information Daily Trips AM Peak Hour Trips PM Peak Hour Trips ITE
Code
Development
Type
Variable ADT
RATE
ADT Rate In
% Split/
Trips
Out
% Split/
Trips
Rate In
% Split/
Trips
Out
% Split/
Trips
210 Single-Family
detached
Housing
86 Dwelling
Units
eq 878 eq 26%
17 74%
48 eq 63%
54 37%
32 220 Multifamily
Housing (Low
Rise)
31 Dwelling
Units
eq 274 eq 24%
8 76%
25 eq 62%
30 38%
18 Total 1152 25 73 84 50
The results of the trip generation calculations show that the project would generate approximately 1,152 daily trips, 134 trips during the PM peak hour and 98 trips during the AM peak hour of a typical weekday.

Baseline VMT was determined utilizing data from the California Statewide Travel Demand Model (CSTDM). The proposed residential project is located in Traffic Analysis Zone (TAZ) 2724, which has an average VMT/capita of 11.81 miles. The proposed residential project is considered a typical project within the TAZ and therefore the project would be expected to have the same VMT per capita. There are no special considerations with the project to assume the project would produce a VMT/capita lower than the average for the TAZ. The threshold of significance for residential project VMT/capita August 08, 2023 Regular Meeting of the Lindsay City Council

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if the project VMT is below the average in the TAZ where the project is located. Since VMT/capita is assumed to be equal to the average for the aforementioned zone, it is anticipated that the proposed project will have a significant transportation impact prior to mitigation.

The Tulare County guidelines include detailed instructions for mitigation if a project has significant impacts. The guidelines state “The preferred method of VMT mitigation in Tulare County is for project applicants to provide transportation improvements that facilitate travel by walking, bicycling, or transit.” In accordance with these guidelines, a survey was conducted within a half mile of the project to determine any pedestrian, bicycle or transit facilities deficiencies exist. After review, additional sidewalk and ADA compliant wheelchair ramps are proposed to be constructed.

The total project mitigation cost is estimated at approximately $25,773 with a 20% contingency. The guidelines include a minimum cost for mitigation of $20 per daily trip generated by the project or 0.5% of the total construction cost of the project (not including land acquisition). As shown in Table 11, the project is anticipated to generate 1152 daily trips, which equates to a target value of improvements of $23,040. At the time of construction should prices fluctuate, an adjustment in the scope of improvements may need to be made.

Pursuant to the guidelines, if a project provides mitigation which meets the minimum threshold listed above, the project can presume a 1% reduction in VMT. The assumed VMT/capita reduction is 1% of

11.81 or 0.11. The resulting VMT/capita after mitigation is 11.70 which is below the average VMT/capita in the TAZ which the project is located.

With these improvements, the project will have a less than significant transportation impact.

Mitigation Measures:

TRA-1
The Project developer shall pay a total of $25,773, with a 20% contingency, in improvement fees, prior to issuance of building permits, to the City of Lindsay to improve the following:
• 285 feet of sidewalk on the north side of Whitney Street between Parkside Avenue and Bond Way.
• Install ADA compliant wheelchair ramps at the following locations:
o 1 ramp at the NE corner of Hickory Street and Parkside Avenue o 2 ramps at the north side of Hickory Street and Gale Hill Avenue August 08, 2023 Regular Meeting of the Lindsay City Council

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o 2 ramps at the south side of Hickory Street and Hamlin Way c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access?
Less Than Significant. The Project will not conflict with any congestion management programs, as none are applicable to the Project. No roadway design features associated with this proposed Project would result in an increase in hazards due to a design feature or be an incompatible use. Any impacts would be considered less than significant.

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XVIII. TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of
the landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
ii. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code section 5024.1. In
applying the criteria set forth in
subdivision (c) of the Public
Resources Code section 5024.1, the
lead agency shall consider the
significance of the resource to a
California Native American tribe.

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ENVIRONMENTAL SETTING
Federal
The National Historic Preservation Act
The National Historic Preservation Act of 1966 (NHPA) established federal regulations for the purpose of protecting significant cultural resources. The legislation established the National Register of Historic Places and the National Historic Landmarks Program. It mandated the establishment of the Office of Historic Preservation, responsible for implementing statewide historic preservation programs in each state.

State
California State Office of Historic Preservation (OHP)
The California State Office of Historic Preservation (OHP) is responsible for administering federally and state mandated historic preservation programs to further the identification, evaluation, registration and protection of California's irreplaceable archaeological and historical resources under the direction of the State Historic Preservation Officer (SHPO), appointed by the governor, and the State Historical Resources Commission, a nine-member state review board appointed by the governor.

Among OHP's responsibilities are identifying, evaluating, and registering historic properties; and ensuring compliance with federal and state regulations. The OHP administers the State Register of Historical Resources and maintains the California Historical Resources Information System (CHRIS) database. The CHRIS database includes statewide Historical Resources Inventory (HRI) database. The records are maintained and managed under contract by eleven independent regional Information Centers. Tulare, Fresno, Kern, Kings and Madera counties are served by the Southern San Joaquin Valley Information Center (Center), located in Bakersfield, CA. The Center provides information on known historic and cultural resources to governments, institutions and individuals.31 A historical resource may be eligible for inclusion in the California Register of Historical Resources (CRHR) if it:
 Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
 Is associated with the lives of persons important to our past; 31 California Office of Historic Preservation, Mission and Responsibilities, https://ohp.parks.ca.gov/?page_id=1066, Accessed April 2022.

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 Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or  Has yielded, or may be likely to yield, information important in prehistory or history.32 Tribal Consultation Requirements: SB 18 (Burton, 2004) 33 On September 29, 2004, Governor Schwarzenegger signed Senate Bill 18, Tribal Consultation Guidelines, into law. This bill amended Section 815.3 of the Civil Code, to amend Sections 65040.2, 65092, 65351, 65352, and 65560 of, and to add Sections 65352.3, 65352.4, and 65562.2 to, the Government Code, relating to traditional tribal cultural Places. SB 18, enacted March 1, 2005, creates a mechanism for California Native American Tribes to identify culturally significant sites that are located within public or private lands within the city or county’s jurisdiction. SB 18 requires cities and counties to contact, and offer to consult with, California Native American Tribes before adopting or amending a General Plan, a Specific Plan, or when designating land as Open Space, for the purpose of protecting Native American Cultural Places (PRC 5097.9 and 5097.993). The Native American Heritage Commission (NAHC) provides local governments with a consultation list of tribal governments with traditional lands or cultural places located within the Project Area of Potential Effect. Tribes have 90 days from the date on which they receive notification to request consultation, unless a shorter timeframe has been agreed to by the tribe.

Tribal Consultation Requirements: AB 52 (Gatto, 2014)34 This bill was approved by Governor Brown on September 25, 2014 and became effective July 1, 2015. This bill amended Section 5097.94 of, and to add Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 to, the Public Resources Code, relating to Native Americans. The bill specifies that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource, as defined, is a project that may have a significant effect on the environment. This bill requires a lead agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated (can be a tribe anywhere within the State of California) with the geographic area of the proposed project, if the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area and the tribe requests consultation, prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project.
32 California Office of Historic Preservation, California Register of Historical Resources: Criteria for Designation. https://ohp.parks.ca.gov/?page_id=21238. Accessed April 2022. 33 Senate Bill No. 18, Chapter 905. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200320040SB18. Accessed April 2022. 34 Assembly Bill No. 52, Chapter 532. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB52. Accessed April 2022.

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Existing law establishes the Native American Heritage Commission (NAHC) and vests the commission with specified powers and duties. This bill required the NAHC to provide each California Native American tribe, as defined, on or before July 1, 2016, with a list of all public agencies that may be a lead agency within the geographic area in which the tribe is traditionally and culturally affiliated, the contact information of those agencies, and information on how the tribe may request those public agencies to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation.

The NAHC provides protection to Native American burials from vandalism and inadvertent destruction, provides a procedure for the notification of most likely descendants regarding the discovery of Native American human remains and associated grave goods, brings legal action to prevent severe and irreparable damage to sacred shrines, ceremonial sites, sanctified cemeteries and place of worship on public property, and maintains an inventory of sacred places.35 The NAHC performs a Sacred Lands File search for sites located on or near the Project site upon request.

The NAHC also provides local governments with a consultation list of tribal governments with traditional lands or cultural places located within the Project Area of Potential Effect. The City sent letters to the tribal governments listed by the NAHC on February 21, 2023 as required by AB 52 to the following Tribes:
• Big Sandy Rancheria of Western Mono Indians
• Tule River Indian Tribe
• Wuksache Indian Tribe/Eshom Valley Band

RESPONSES
a-i, a-ii. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) or a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of the Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
35 Native American Heritage Commission, About the Native American Heritage Commission http://nahc.ca.gov/about/. Accessed June 2022.

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Less than Significant Impact. A Tribal Cultural Resource (TCR) is defined under Public Resources Code section 21074 as a site, feature, place, cultural landscape that is geographically defined in terms of size and scope, sacred place, and object with cultural value to a California Native American tribe that are either included and that is listed or eligible for inclusion in the California Register of Historic Resources or in a local register of historical resources, or if the City of Lindsay, acting as the Lead Agency, supported by substantial evidence, chooses at its discretion to treat the resource as a TCR.

As discussed above, under Section V, Cultural Resources, criteria (b) and (d), no known archeological resources, ethnographic sites or Native American remains are located on the proposed Project site. As discussed under criterion (b) implementation of Mitigation Measure CULT-1 would reduce impacts to unknown archaeological deposits, including TCRs, to a less than significant level. As discussed under criterion (d), compliance with California Health and Safety Code Section 7050.5 would reduce the likelihood of disturbing or discovering human remains, including those of Native Americans. Any impacts to TCR would be considered less than significant.

Mitigation Measures: No additional measures are required.

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XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b. Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
d. Generate solid waste in excess of State or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
g. Comply with federal, state, and local
statutes and regulations related to solid
waste?
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ENVIRONMENTAL SETTING
Utilities required to serve the proposed Project would include water, sanitary sewer, storm drainage, electricity, and telecommunications infrastructure. Water service, sewage disposal and refuse collection would be provided by the City of Lindsay or its contractors.

REGULATORY SETTING
State
State Water Resources Control Board (SWRCB)
Waste Discharge Requirements Program. State regulations pertaining to the treatment, storage, processing, or disposal of solid waste are found in Title 27, CCR, Section 20005 et seq. (hereafter Title 27).

In general, the Waste Discharge Requirements (WDRs) Program (sometimes also referred to as the "Non Chapter 15 (Non 15) Program") regulates point discharges that are exempt pursuant to Subsection 20090 of Title 27 and not subject to the Federal Water Pollution Control Act. Exemptions from Title 27 may be granted for nine categories of discharges (e.g., sewage, wastewater, etc.) that meet, and continue to meet, the preconditions listed for each specific exemption. The scope of the WDRs Program also includes the discharge of wastes classified as inert, pursuant to section 20230 of Title 2744. Several SWRCB programs are administered under the WDR Program, including the Sanitary Sewer Order and recycled water programs.

National Pollutant Discharge Elimination System (NPDES) Permit As authorized by the Clean Water Act (CWA), the National Pollutant Discharge Elimination System (NDPES) Permit Program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. In California, it is the responsibility of Regional Water Quality Control Boards (RWQCB) to preserve and enhance the quality of the state's waters through the development of water quality control plans and the issuance of waste discharge requirements (WDRs). WDRs for discharges to surface waters also serve as NPDES permits. Tulare County is within the Central Valley RWQCB's jurisdiction.

CalRecycle
Assembly Bill 75 was passed in 1999 and the State Agency Model Integrated Waste Management Act (Chapter 764, Statues of 1999, Strom-Martin) took effect on Jan 1, 2000. The act mandated that state agencied develop and implement an integrated waste management plan which outlines the steps to be taken to achieve the required waste diversion goals. Legislation enacted in 2011 (AB 341) makes a August 08, 2023 Regular Meeting of the Lindsay City Council

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legislative declaration that it is the policy goal of the State of California that not less than 75 percent of solid waste generated to be source reduced, recycled, or composted by the year 2020.

In addition, the proposed Project is being evaluated pursuant to CEQA.

RESPONSES
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. Implementation of the proposed Project would include up to 85 singlefamily residential units and 31 multi-family residential units on the Project site for a total of 116 units.

The Project site is located within the service territory of the City of Lindsay’s wastewater treatment plant and the City Services Department regularly monitors the waste discharge to meet City requirements.

As discussed in Section X, Hydrology and Water Quality, with an increase in the area of impervious surfaces on the Project site, an increase in the amount of storm water runoff is anticipated. The site will be designed so that storm water is collected and deposited in the City’s existing storm drain system. The storm water collection system design will be subject to review and approval by the City Public Works Department. Storm water during construction will be managed as part of the Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP is retained on-site during construction. Thus, the proposed Project would have a less than significant impact.

Mitigation Measures: None are required.
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less than Significant Impact. The Friant-Kern Canal is the primary source of water for the City of Lindsay. A secondary water supply is drawn from two wells located west of the City, which pull from subsurface aquifers and are primarily used to satisfy peak demands, low system pressures and during times when surface water is not available from the Friant-Kern Canal. Entitlements have been made available with the U.S. Bureau of Reclamation to ensure adequate supply to the City of Lindsay at all times. The City will have sufficient supply to serve the proposed Project with the proposed entitlements.

As such, the proposed Project will have a less than significant impact.

Mitigation Measures: None are required.

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c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less Than Significant Impact. As discussed in Section XVIII(a), implementation of the proposed Project would result in wastewater being discharged to the City’s existing wastewater treatment plant, which has sufficient capacity for the proposed development. There will be no need for additional wastewater treatment service. Additionally, the proposed Project applicant would be required to comply with any applicable City and WWTF regulations and would be subject to applicable development impact fees and wastewater connection charges. Therefore, with compliance to applicable standards and payment of required fees and connection charges, the Project would not result in a significant impact related to construction or expansions of existing wastewater treatment facilities.

Mitigation Measures: None are required.
d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. Disposal services in the City are provided by Mid Valley Disposal and the City follows all CalRecycle Mandates. Solid waste is anticipated to be delivered to the county landfill site near Woodville. The Project would comply with federal, state and local statutes and regulations related to solid waste.

Implementation of the proposed Project would result in an increase in solid waste disposal needs; however this increase has been anticipated by the City’s General Plan, and would be minimal. The proposed Project would result in less than significant impacts to solid waste and landfill facilities. e. Comply with federal, state, and local statutes and regulations related to solid waste? Less than Significant Impact. See Response d, above. The proposed Project would be required to comply with all federal, State, and local regulations related to solid waste. Furthermore, the proposed Project would be required to comply with all standards related to solid waste diversion, reduction, and recycling during Project construction and operation. The proposed Project will comply with all federal, state and local statutes and regulations related to solid waste. As such, any impacts would be less than significant.

Mitigation Measures: None are required.

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XX. WILDFIRE
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?
d. Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?

ENVIRONMENTAL SETTING
Human activities such as smoking, debris burning, and equipment operation are the major causes of wildland fires. Within Tulare County, over 1,029,130 acres (33% of the total area) are classified as “Very High” fire threat and approximately 454,680 acres (15% of the total area) are classified as “High” fire threat. The portion of the county that transitions from the valley floor into the foothills and mountains is characterized by high to very high threat of wildland fires. 36 The majority of the City of Lindsay is 36 Tulare County General Plan Background Report. February 2010. Page 8-21.

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developed into urban uses or in active agriculture, severely reducing the risk of wildland fire. According to the Tulare County Background Report Figure 8-2, the majority of the City has no threat of wildfire.

The proposed Project site is relatively flat in an area actively utilized with primarily residential and agricultural uses.

RESPONSES
a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less Than Significant Impact. The proposed Project is located in an area developed with primarily residential uses and some agricultural uses, which precludes the risk of wildfire and is not located in a state responsibility area or on lands classified as very high fire hazard severity zones. The area is flat in nature and disked for fire suppression, which would limit the risk of downslope flooding and As such, any wildfire risk to the project structures or people would be less than significant.

Mitigation Measures: None are required.

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XXI. MANDATORY FINDINGS OF

SIGNIFICANCE
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects)?
c. Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?

RESPONSES
a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict August 08, 2023 Regular Meeting of the Lindsay City Council

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the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact With Mitigation. The analyses of environmental issues contained in this Initial Study indicate that the proposed Project is not expected to have substantial impact on the environment or on any resources identified in the Initial Study. Mitigation measures have been incorporated in the project design to reduce all potentially significant impacts to less than significant. b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. The proposed Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increase need for housing, increase in traffic, air pollutants, etc.). The impact is less than significant. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact With Mitigation. The analyses of environmental issues contained in this Initial Study indicate that the project is not expected to have substantial impact on human beings, either directly or indirectly. Mitigation measures have been incorporated in the Project design to reduce all potentially significant impacts to less than significant.

August 08, 2023 Regular Meeting of the Lindsay City Council

LIST OF PREPARERS
Crawford & Bowen Planning, Inc. – Initial Study
• Emily Bowen, LEED AP, Principal Environmental Planner • Travis Crawford, AICP, Principal Environmental Planner • Deepesh Tourani, Environmental Planner
Ruettgers & Schuler Civil Engineering, Inc. – VMT Analysis Persons and Agencies Consulted
City of Lindsay
• Neyba Amezcua, Director of City Services and Planning California Historic Resources Information System
• Celeste Thomson, Coordinator
August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-34

NUMBER 23-34
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY APPROVING GENERAL PLAN AMENDMENT NO. 23-01, PLANNED
UNIT DEVELOPMENT NO. 2023-02, AND ADOPTING AN INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR
GENERAL PLAN AMENDMENT NO. 2023-01, ZONE CHANGE NO.
2023-01, AND PLANNED UNIT DEVELOPMENT (PUD) NO. 2023-02, A

REQUEST BY FRANCISCO ACEVEDO TO CHANGE THE LAND USE
DESIGNATION FROM LOW-DENSITY RESIDENTIAL TO MEDIUMDENSITY RESIDENTIAL FOR A 2.5-ACRE PORTION OF A SITE

BOUND TO THE NORTH BY WEST HICKORY STREET, TO THE EAST

BY PARKSIDE AVENUE, TO THE SOUTH BY ONO CITY PARKWAY,
AND THE WEST BY SEQUOIA AVENUE/ROAD 214 (APNS 201-230-
003 TO -009).

At a regularly scheduled meeting of the City of Lindsay City Council held on August 08, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, Mario Valmonte and Associates has requested the approval of General Plan Amendment No. 2023-01 and Planned Unit Development (PUD) No. 2023-02 to change the Land Use Designation from Low-Density Residential to Medium-Density Residential and PUD-Overlay over a 2.5-acre portion of the site to allow for the development of 31 multi-family housing units.

The project site is bound to the north by W. Hickory Street, to the east by Parkside Avenue, to the south by Ono City Parkway, and to the west by Sequoia Avenue/Road 214 (APNs 201-230-003 to - 009) and;
WHEREAS, an Initial Study was prepared in conformance with the California Environmental Quality Act (CEQA) Guidelines, and it was found that the proposed project could not have a significant effect on the environment, with mitigations. Therefore, a Mitigated Negative Declaration has been prepared for this project; and
WHEREAS, the Lindsay City Council held a duly noticed public hearing at its August 08, 2023, meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The project has been reviewed for compliance with the Municipal Code and the Subdivision Map Act and was found to be in compliance with the incorporation of the recommended Conditions of Approval.

August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-34

The amendment is consistent with the goals and policies of the General Plan and the purposes and application intended for the zoning district classification proposed.

SECTION 2. The proposed location of the PUD is in accordance with the objectives of the Zoning Code.

The proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, and welfare or materially injurious to properties or improvements in the vicinity.

The proposed PUD will comply with each of the applicable provisions of this section.

The standards of population density, site area and dimensions, site coverage, yard spaces, the height of structures, the distance between structures, offstreet parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the objectives of the Zoning Code, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

That the combination of different dwelling types and/or a variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 18.18.070 of this title.

SECTION 3. The City Council of the City of Lindsay approves Planned Unit Development Permit PUD 2023-02 based on the evidence presented subject to the following conditions:

1. The site shall be developed consistent with the exhibits provided and applicable development standards found in the Zoning Ordinance and City Municipal Code.

2. All mitigation measures in the Mitigated Negative Declaration approved with General Plan Amendment No. 2023-01, Zone Change No. 2023-01, and Planned Unit Development No. 2023-02.

3. The project shall be developed and maintained in substantial compliance with the conditions of the Tentative Subdivision Map contained in August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-34

Resolution 05-36 and Resolution 07-05, except as modified by these conditions of approval.

4. All fences and walls shall be constructed in accordance with Section

18.06.050 Property Development Standards of the City Municipal Code.

5. Construct all frontage improvements along Whitney Street, including curb, gutter, sidewalk, drive approach(es), landscape & irrigation.

Whitney Street construction (minimum of 2-12’ wide travel lanes, a 4’ wide minimum paved shoulder on the north side, and 8’ wide parking on the south side) in accordance with the approved plans for Mission Estates Subdivision.

6. Construct Whitney Street to Sequoia Avenue and Parkside Avenue to include a minimum of 2-12’ wide travel lanes, a 4’ wide minimum paved shoulder on the north side, and 8’ wd parking on the south side in accordance with the approved plans for Mission Estates Subdivision.

7. Construct sewer, water, storm drain facilities, and streetlights in accordance with the approved plans for Mission Estates Subdivision and other private utilities (SCE, SoCalGas, AT&T, Comcast, Frontier) in Whitney Street from Sequoia Avenue to Parkside Avenue to serve the development.

8. Vacate the right of way for Napa Boulevard south of Whitney Street. in accordance with the California Streets and Highway Code, the Subdivision Map Act, and the City Municipal Code.

9. The developer shall remove the parks from the subdivision by application for lot line adjustment(s) and/or parcel map(s) in accordance with the Subdivision Map Act and City Municipal Code.

10. Inspect and test existing facilities constructed in Whitney Street for the Mission Estates Subdivision as directed by and to the satisfaction of the City to confirm the adequacy of facilities and/or determine improvements to be constructed.

11. A merger of the lots shall be completed by a licensed surveyor to remove the lines of the seven lots of the PUD and recorded prior to the application for a building permit.

12. Plans for all public and private improvements, including but not limited to water, sewer, storm drainage, road pavement, curb and gutter, sidewalk, streetlights, landscaping, and fire hydrants shall be approved by the City Engineer, and these improvements shall be completed in accordance with the approved plans to the satisfaction of the City Services Department.

13. Parkland in-lieu fees shall be paid to the City for each lot in accordance with the City’s Fee Schedule adopted by resolution of the City Council.

Fees shall be paid prior to the approval of the Final Map.

14. The project shall be subject to the applicable development impact fees adopted by resolution of the City Council.

August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-34

15. The developer shall comply with the standards, provisions, and requirements of the San Joaquin Valley Air Pollution Control District that relate to the project.

16. Fire hydrant types and locations shall be approved by the Public Safety and City Services Departments.

17. Concrete pads for the installation of mailboxes shall be provided in accordance with determinations made by the Lindsay Postmaster.

18. One tree shall be planted in the front yard of each home prior to the certificate of occupancy being issued.

19. Streetlights shall be provided within the project as per City local street lighting standards.

20. Any existing roadway, sidewalk, or curb and gutter that is damaged during construction shall be repaired or replaced to the satisfaction of the City Services Department.

21. All signs shall require a sign permit separate from the building permit.

22. The PUD approval shall expire within two years; an extension is granted by the City.

23. The City of Lindsay shall not be liable for any damage, loss, or injury to the person, property, or effects of the applicant or of any agent, servant, employee, contracted staff, or volunteer. The applicant agrees to indemnify, protect, and hold harmless the City of Lindsay against any and all such damages, costs, attorney's fees, or employees.

PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:

MEETING DATE August 08, 2023
MOTION

SECOND MOTION
AYES
ABSENT

ABSTAIN
NAYS
August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-34

CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.

FRANCESCA QUINTANA HIPOLITO A. CERROS

CITY CLERK MAYOR
August 08, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT:

ITEM NO.:

City Services and Planning

13.2 MEETING DATE: August 08, 2023

ACTION & RECOMMENDATION
First Reading of Ordinance No. 612, An Ordinance of the City Council of the City of Lindsay Amending the Zoning Designation From R-1-7 To RM-3 for a 2.5-Acre Portion of a Site Bound to the North By West Hickory Street, to the East by Parkside Avenue, to the South by Ono City Parkway, and the West by Sequoia Avenue/Road 214 (APNs 201-230-003 To -009), and the Lindsay Zoning Map as Adopted by Ordinance 437 of the City of Lindsay and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.

Based on the findings and subject to the conditions of approval within this report, City Sttaff recommends that Council approve the first reading of Ordinance No. 612 approving Zone Change No. 2023-01.

BACKGROUND | ANALYSIS
Mario Valmonte and Associates filed the application on behalf of Francisco Acevedo for the development of 116 residential units consisting of 85 single-family lots and 31 multi-family housing units. The proposal includes a General Plan Amendment to change the Land Use Designation from Low-Density Residential to Medium-Density Residential and a Zone Change to change the zone from R-1-7 to RM-3 and Planned Unit Development (PUD) Overlay over a 2.5-acre portion of the site to allow for the development of multi-family housing units. The 32-acre project site is bound to the north by W. Hickory Street, to the east by Parkside Avenue, to the south by Ono City Parkway, and to the west by Sequoia Avenue/Road 214 (APNs 201-230-003 to -009).

The proposed project would result in on-site infrastructure improvements, including the construction of interior access roads with five ingress/egress access points; one along Avenue 236, two along Parkside Avenue, and two along Road 214, new lighting and landscaping in accordance with City standards, and connection to existing City utilities, including water, wastewater and stormwater systems.

Change of Zone: Since the General Plan relies on the land use diagram (map) and basic allocations of land areas between various existing and future land uses as a resource in determining land use amendments, the proposed amendment would not be in conflict with the policies, objectives, and standards of the General Plan.

August 08, 2023 Regular Meeting of the Lindsay City Council

Zoning Ordinance Section 18.22.050.A provides criteria for review of zone changes:
“At the public hearing, the City Council shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the Zoning Ordinance prescribed in Section 18.01.020, and how or why the proposed change is consistent with the General Plan and the stated purposes and application intended for the zone classification proposed.”
The proposed Land Use Designation of Medium-Density Residential and zoning designation of RM-3 would allow for a 2.5-acre portion of the site to develop with residential uses at a higher density than what is currently planned for. Approval of the project would allow for the development of the site that is consistent with the goals and policies of the General Plan.

Planned Unit Development: The proposed PUD includes the merging of seven existing single-family lots to allow for a 31-unit multi-family development on approximately 2.5 acres. The development will consist of two-story buildings with buildings of six, five, or two units. Each unit includes a single-car garage and a porch and patio. The development will be gated with a six-foot block wall along the perimeter of the project. The site also includes 25 uncovered parking stalls, refuse enclosures, a tot lot, and landscaped common areas.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
As Lead Agency under the California Environmental Quality Act (CEQA), the City staff reviewed the project to determine whether it could have a significant effect on the environment because of its development. In accordance with CEQA Guidelines Section 15382, “[s]ignificant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project in the form of mitigations have been made by or agreed to by the project proponent. A Mitigated Negative Declaration (MND) for the entire 32-acre site and all its stated uses was prepared and is attached. The 20-day public review period began on July 15 and will end on August 8.

FINDINGS
Amendments to the General Plan Map and Zoning Map may be approved by the Council if the proposed amendment is necessary to achieve the objectives of the Zoning Code described in Chapter 18.01 and if the amendment would be consistent with the goals and policies of the General Plan and the purposes and application intended for the zoning district classification proposed.

1. The project has been reviewed for compliance with the Municipal Code and the Subdivision Map Act and was found to be in compliance with the incorporation of the recommended Conditions of Approval.

2. The amendment is consistent with the goals and policies of the General Plan and the purposes and applications intended for the zoning district classification proposed.

August 08, 2023 Regular Meeting of the Lindsay City Council

RECOMENDED APPROVAL FINDINGS

1. The amendment is consistent with the goals and policies of the General Plan and the purposes and application intended for the zoning district classification proposed.

2. That the proposed location of the PUD is in accordance with the objectives of the Zoning Code.

3. That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, and welfare or materially injurious to properties or improvements in the vicinity.

4. That the proposed PUD will comply with each of the applicable provisions of this section.

5. That the standards of population density, site area and dimensions, site coverage, yard spaces, the height of structures, the distance between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the objectives of the Zoning Code and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

6. That the combination of different dwelling types and/or a variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

7. That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 18.18.070 of this title.

FISCAL IMPACT
No fiscal impact associated with this action. Development impact fees will be paid when the residential units are constructed in accordance with City policy and State law.

ATTACHMENTS
• Proof of Notice of Public Hearing
• Ordinance No. 612
August 08, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY

PUBLIC NOTICE OF AVAILABILITY

NOTICE OF PUBLIC HEARING
Date: Tuesday, August 8, 2023
Time: 6:00 PM or as soon thereafter
Location: Council Chambers City Hall
251 East Honolulu Street, Lindsay, CA 93247
NOTICE IS HEREBY GIVEN that the City Council of the City of Lindsay, California, will hold a public hearing on August 8, 2023, beginning at 6:00 PM (or as soon thereafter as the matter can be heard) to solicit public comments relating to the following matter:

CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 2023-01, ZONE CHANGE NO. 2023-01, PLANNED UNIT DEVELOPMENT NO. 2023-01 AND THE ACCOMPANYING INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND). MARIO VALMONTE AND ASSOCIATES FILED THE

APPLICATION FOR GENERAL PLAN AMENDMENT, ZONE CHANGE, AND PUD FOR THE DEVELOPMENT OF 116 RESIDENTIAL UNITS CONSISTING OF 85 SINGLE-FAMILY LOTS AND 31 MULTI-FAMILY HOUSING UNITS. THE PROPOSAL INCLUDES A GENERAL PLAN AMENDMENT TO

CHANGE THE LAND USE DESIGNATION FROM LOW-DENSITY RESIDENTIAL TO MEDIUM-DENSITY RESIDENTIAL AND A ZONE CHANGE TO CHANGE THE ZONE FROM R-1-7 TO RM-3 AND PUDOVERLAY OVER THE SOUTHERN MULTI-FAMILY HOUSING UNITS. THE 32-ACRE PROJECT SITE IS BOUND TO THE NORTH BY W. HICKORY STREET, TO THE EAST BY PARKSIDE AVENUE, TO THE SOUTH BY ONO CITY PARKWAY, AND THE WEST BY SEQUOIA AVENUE/ROAD 214 (APNS 201-230- 003 TO -009).

This is to advise that the City of Lindsay has prepared an IS/MND in conformance with the California Environmental Quality Act (CEQA) for the project identified herein. As mandated by State law, the minimum public review period for this document is 20 days.

FURTHER information on this matter and the full text of the proposed documents may be obtained from the City of Lindsay City Services Office, 150 N. Mirage Avenue, Lindsay, CA, from 8:00 a.m. to 5:00 p.m., Monday through Friday of the comment period. Due to the limits mandated by State law, mailed responses must be filed with the City of Lindsay, Planning, P.O. Box 369, Lindsay, CA 93247 no later than August 8, 2023, at 5:00 p.m. Persons having comments or concerns about the proposed project are encouraged to attend and offer their comments at the hearing. Written comments can also be filed in the City of Lindsay City Services Office, 150 N. Mirage Avenue, Lindsay, CA prior to the date of the hearing. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing.

BY ORDER OF THE CITY COUNCIL OF THE CITY OF LINDSAY
Dated: July 13, 2023
August 08, 2023 Regular Meeting of the Lindsay City Council

ORDINANCE NO. 612

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING THE ZONING DESIGNATION FROM R-1-7 to RM-3 FOR A 2.5-ACRE PORTION OF A SITE BOUND TO THE NORTH BY W. HICKORY STREET, TO THE EAST BY

PARKSIDE AVENUE, TO THE SOUTH BY ONO CITY PARKWAY, AND THE WEST BY SEQUOIA AVENUE/ROAD 214 (APNS 201-230-003 TO -009)., AND THE LINDSAY ZONING MAP AS ADOPTED BY ORDINANCE 437 OF THE CITY OF LINDSAY.

THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:

ARTICLE 1: The real property located in the City of Lindsay and described as follows:

APN 201-230-003 to -009 shall be and is hereby designated as RM-3.

ARTICLE 2: The City Planner of the City of Lindsay is hereby authorized, instructed, and directed to make the changes to the official Zoning Map of the City of Lindsay made by Article One of this Ordinance by outlining the boundaries of the described parcel of the Zoning Map adopted by Ordinance 437 of the City of Lindsay.

ARTICLE 3: This Ordinance shall be in full force and effect on and after the 30th day after its adoption by the City Council. Within 15 days after its adoption by the City Council, this Ordinance shall be published in full text or in summary in a newspaper of general circulation in the City of Lindsay.

Section 1. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15060(c)(2) (The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).

Section 2. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability, or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.

Section 3. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.

August 08, 2023 Regular Meeting of the Lindsay City Council

Section 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate, contradict or otherwise conflict with, applicable State and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 6. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____th day of __________________ 2023.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the ____th day of __________________ 2023.

CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Hipolito A. Cerros, Mayor
August 08, 2023 Regular Meeting of the Lindsay City Council

ATTEST:
____________________________________
Francesca Quintana, City Clerk
August 08, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Araceli Mejia, Assistant City Planner
DEPARTMENT:

ITEM NO.:

City Services and Planning

13.3 MEETING DATE: August 08, 2023

ACTION & RECOMMENDATION
Special Event Permit
A. Continued First Reading of Ordinance No. 606, An Ordinance of the City Council of the City of Lindsay Amending Titles Five (5), Eight (8), and Eighteen (18) In Regards to the Special Event Permit and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only
B. Continued Public Hearing to Consider the Approval of Resolution No 23-29, A Resolution of the City Council of the City of Lindsay Amending Special Event Permit Fees and Charges and Repealing All Other Resolutions Relative to Special Event Permit Fees and Charges Thereto Staff recommends that the City Council approve the first reading of Ordinance No. 606 to update the existing code to provide up-to-date and applicable regulation language to the application and process for requesting a Special Event Permit(s).

BACKGROUND | ANALYSIS
The City of Lindsay (“City”) Municipal Code Title 18.17.180 allows nonpermanent, special promotional, or seasonal land uses with the approval of a Special Event Permit (“SEP”). SEP’s are for a fixed period of time and permit each type of event. Ordinance No. 606 (attached to this report) proposes amendments to the current provisions within Title 18.17.180 of the Municipal Code to provide up-to-date and applicable regulation language to the application and process for requesting a Special Event Permit(s).

It is the City’s goal to work closely with applicants to understand the needs of each Special Event and provide applicants with guidance and information relative to the Special Event Permit process. Therefore, City Staff has identified the need to amend the existing provisions of Title 18.17.180.

The recommended amendments clarify the provisions of each class of event as summarized below. • Class I: Temporary Uses of 31 days or Less for Special Occasions as defined as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales only. Please note that Fireworks sales must also comply with the provisions of chapter 8.22 of the Lindsay Municipal Code.

August 08, 2023 Regular Meeting of the Lindsay City Council

o Requirements: Special Event Permit Application, Site Plan (if applicable), Business License, and Property Owner's Permission.
o Applications must be submitted at least 15 calendars days prior to the event date.

Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.
• Class II: Events involving low impact road closures or on City-owned public property involving low impact to normal operations/use.
o Requirements: Special Event Permit Application, Site Plan, and Traffic Control/Parking Plan (if applicable only).
o An event is determined as ‘low impact’ by the City Manager and/or their designee. o Applications must be submitted at least 15 calendars days prior to the event date.

Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.
• Class III: Events involving the sale of alcohol; Events involving high impact street closures; Events that are open to the public on private property; Events charging an entry fee on private property; Events involving the use of public space and/or City-owned public property involving high impact to normal operations/use, Marathons, Cycling Tours, Fairs, Carnivals, Rodeos, Concerts.
o Requirements: Special Event Permit Application, Site Plan, Traffic Control/Parking Plan (if applicable), Waste Plan (if applicable), ABC License (if applicable), Fire Department Inspection (if applicable), Building and Safety Inspection and Safety Plan (if applicable). o Additional requirements may be applicable based on the type of event. o An event is determined as ‘high impact’ by the City Manager and/or their designee. o All Class III applications must be submitted at least 60 calendars days prior to the event date. All Class III applications that are not received at least 60 calendar days prior to the event date will be automatically denied.

Also reflected in Ordinance No. 606 you will find proposed amendments to the SEP approval process, insurance requirements, and fee waivers. If a structure is not apt for the activity or event, or if it will create parking or circulation disturbances, a Special Event Permit is required in conjunction with proper planning and impact mitigation. Staff will provide guidance in determining the categorization of the event.

Pursuant to California State Law, public notice was provided at least 10 days in advance of the first reading of the Ordinance via publication in the Porterville Recorder.

Should the City Council approve the first reading of Ordinance No. 606, then a second reading will be held at the next regular meeting of the City Council. The Ordinance would take effect 30 days after the adoption of said Ordinance after a duly held second reading. Resolution No. 23-29 attached to this report reflects the amended Special Event Class types and amended fees.

August 08, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
No fiscal impact associated with Ordinance No. 606.

Should Ordinance No. 606 be approved after a duly held second reading, as well as Resolution No. 23-29, then the Special Event Permit fees would be amended and charged as follows:

Category I: $100.00
Category II: $250.00 + Staff Fully Burdened Hourly Rate + Facility Rental Fee (if applicable)
Class III: $500.00 + Staff Fully Burdened Hourly Rate + Facility Rental Fee (if applicable)

ATTACHMENTS
• Proof of Public Hearing Notice Publication – Ordinance No. 606 • Ordinance No. 606 – Redline Copy
• Amended Special Event Permit Application
• Proof of Public Hearing Notice Publication – Resolution No. 23-29 • Resolution No. 23-29 with Exhibit
August 08, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY

PUBLIC HEARING NOTICE
Date: Tuesday, July 25, 2023
Time: 6:00 PM or as soon thereafter
Location: Council Chambers City Hall
251 East Honolulu Street, Lindsay, CA 93247
NOTICE IS HEREBY GIVEN that the City Council of the City of Lindsay, California, will hold a public hearing on Tuesday, July 25, 2023, beginning at 6:00 PM (or as soon thereafter as the matter can be heard) to solicit public comments relating to the following matter:

FIRST READING OF ORDINANCE NO. 606, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING TITLES FIVE (5), EIGHT (8), AND EIGHTEEN (18) IN REGARDS TO THE SPECIAL EVENT PERMIT FURTHER information on this matter and the full text of the proposed documents may be obtained from the City Clerk at 251 East Honolulu Street, Lindsay, CA 93247 during normal business hours 9:00AM-5:00PM Monday through Friday.

ALL INTERESTED PARTIES are encouraged to attend said PUBLIC HEARING to ask questions, express opinions and/or submit evidence for or against the matter. Written comments should be submitted via mail to the City Clerk at P.O. Box 369, Lindsay, CA 93247, or in person at 251 East Honolulu Street, Lindsay, CA 93247, or via email to [email protected] at least 24 hours prior to the scheduled public hearing.

BY ORDER OF THE CITY COUNCIL OF THE CITY OF LINDSAY
Dated: JULY 12, 2023
August 08, 2023 Regular Meeting of the Lindsay City Council

ORDINANCE NO. 606

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING TITLES FIVE (5), EIGHT (8), AND EIGHTEEN (18) IN REGARDS TO

THE SPECIAL EVENT PERMIT
Section 1. PURPOSE. The provisions of this ordinance are intended to amend the Lindsay Municipal Code to provide up-to-date and applicable regulation language to the application and process for requesting a Special Event Permit(s).

Section 2. CODE AMENDMENT. Lindsay Municipal Code Titles Five (5), Eight (8), AND Eighteen (18) are hereby amended to read in their entirety as follows:

Chapter 5.36.030
Sidewalk Vending Activities Prohibited In Designated Areas Notwithstanding this Chapter and any provisions of the Lindsay Municipal Code, it is unlawful for any person to engage in sidewalk vending activities within the following locations or areas within the City:

A. Any public property that does not meet the definition of a sidewalk or pathway, including but not limited to, any roadway, street, alley, or parking lot; B. Within any area zoned for residential purposes, provided that roaming sidewalk vending activities operated in compliance with this chapter shall not be prohibited;
C. On any sidewalk or pathway that is not a minimum width of eight (8) feet.

D. Within 500 feet of the following:

1. An area designated for a special event permit issued in accordance with Section 18.17.180, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City's special event permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the special event permit; Formatted: Left
August 08, 2023 Regular Meeting of the Lindsay City Council

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2. Lindsay City Hall, a police station or a fire station;

3. Any public or private school, or a child day-care facility, between the hours of 6:00 a.m. and 6:00 p.m.;

4. Any place of assembly or worship, between one hour before and one hour after scheduled event or presentation times;

5. An area designated for a permitted certified farmers' market during the limited operating hours of that certified farmers' market;

6. Any sheriff or police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public;
E. Within fifty (50) feet of any public picnic area, playground area, playground equipment, public community center, athletic field or court, or public restroom; F. Within fifty (50) feet of another sidewalk vendor;
G. Within ten (10) feet of a marked crosswalk, a curb return of an unmarked crosswalk, a fire hydrant, a fire call box, a fire department connection, other emergency facility, a bus bench, a transit or bus shelter, a driveway or driveway apron, a curb which has been designated as white, yellow, green, blue, or red zone, an ATM or other vending machine, an entrance or exit to a building, structure or facility, or a bike rack;
H. Within ten (10) feet ahead, and forty-five (45) feet to the rear, of a sign designating a bus stop;
I. Within ten (10) feet of a commercial outdoor dining or patio dining area; J. At any park, or the sidewalk adjacent to any park, where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;
K. In or on the median of any street, road, or highway; L. In or immediately adjacent to any area designed for parking, bus zones, August 08, 2023 Regular Meeting of the Lindsay City Council

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stopping, or loading;
M. In any location where the sidewalk vending activities would block manholes, utility access points, vents, or views through windows; N. In any location where the operation of sidewalk vending activities would result in or cause a violation of applicable law, including but not limited to the Americans with Disabilities Act; and
O. Notwithstanding any specific prohibition in this chapter, any location or area where the operation of sidewalk vending activities creates a reasonably foreseeable danger to the safety of persons or property.

Chapter 8.22.060
Special Event Permit
Permittees must obtain a special event permit from the Lindsay planning department.

Applicants for the special event permit must identify the proposed site and show written permission from the owner authorizing use of said site for the stated purpose.

Chapter 18.17.180

18.17.180 Special Event Permit
The ‘Special Event Permit’ hereby replaces and rescinds any and all ‘Temporary Use Permit’ provisions within the Lindsay Municipal Code.

Background
It is the purpose of this section to establish a process for allowing special events to use city streets, sidewalks, facilities, and/or services. The City recognizes the substantial community benefits that may result from special events, they can provide cultural enrichment, promote economic vitality, and enhance community identity. They may also provide funding opportunities for service organizations and communicate a group’s message to the public. Special events include temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large Formatted: Left
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neighborhood block parties.

Based on the nature and intensity of the event, either City Staff or the City Council will approve or deny the Special Event Permit (“SEP"). A Pre-Application Meeting with Planning Staff will determine the Class of Special Event, the and required materials and documents (site plan, waste plan, Fire Department inspection, etc.), as well as a timeline for all required documents. If City Staff finds that the Special Event Permit appears to be non-confirming with current City Municipal Code, Lindsay Zoning Code or State of California Code, then the Special Event Permit will be subject to approval by the Lindsay City Council, regardless of Event Class Type.

Special Event Classes and Required Materials
• Class I: Temporary Uses of 31 days or Less for Special Occasions as defined as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales only. Please note that Fireworks sales must also comply with the provisions of chapter 8.22 of the Lindsay Municipal Code. o Requirements: Special Event Permit Application, Site Plan (if applicable), Business License, and Property Owner's Permission. Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $1 million per occurrence and $2 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter.
o Applications must be submitted at least 15 calendars days prior to the event date. Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.
• Class II: Events involving low impact road closures or on City-owned public property involving low impact to normal operations/use. o Requirements: Special Event Permit Application, Site Plan, and Traffic Control/Parking Plan (if applicable only). Verification of insurance must Formatted: Not Highlight
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be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $1 million per occurrence and $2 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter
o An event is determined as ‘low impact’ by the City Manager and/or their designee.
o Applications must be submitted at least 15 calendars days prior to the event date. Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.
• Class III: Events involving the sale of alcohol; Events involving high impact street closures; Events that are open to the public on private property; Events charging an entry fee on private property; Events involving the use of public space and/or City-owned public property involving high impact to normal operations/use, Marathons, Cycling Tours, Fairs, Carnivals, Rodeos, Concerts. o Requirements: Special Event Permit Application, Site Plan, Traffic Control/Parking Plan (if applicable), Waste Plan (if applicable), ABC License (if applicable), Fire Department Inspection (if applicable), Building and Safety Inspection and Safety Plan (if applicable). Verification of insurance must be submitted along with the Special Event Application:
1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $2 million per occurrence and $3 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter. Events classified by Staff as "high risk" require $3 million General Liability and $6 million Aggregate insurance.
o Additional requirements may be applicable based on the type of event. o An event is determined as ‘high impact’ by the City Manager and/or their designee.
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prior to the event date. All Class III applications that are not received at least 60 calendar days prior to the event date will be automatically denied.

Pursuant to the California Department of Alcoholic Beverage Control (ABC), events involving the sale of alcoholic beverages will be required to submit a Special Event Permit Application, regardless of the number of attendees and category Class of the event. Said events will be subject to approval by the Lindsay City Council. An ABC License will only be signed by the Chief of Police after the City Council has approved the SEP application.

Additional Guidelines
Approval of the Special Event Permit is subject to the following findings and guidelines.es:

A Special Event Permit shall be required for any of the following activities:

A. Temporary signs, banners, or balloons that promote an activity or event; A. Temporary sales such as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales; Valentine's Day flowers or 4th of July fireworks;
B. Events involving road closures;
C. Events within the public right of way (sidewalk, public streets, parks, etc.); D. Any activity on public or private property that, due to the anticipated number of attendees or nature of the event, is not compatible with the generally intended use of the property.

E. Any activity on vacant land or commercial property that due to the anticipated number of attendees or nature of the event, is not compatible with the generally intended use of the property.

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Please note that a Special Event Permit will not be issued for an event classified as Class II or III if the event location identified within the application resides in the Single Family Residential (R-1-7) or Multi-Family Residential (RM-3, RM-MH8) zones.

D.

Special Events that do not require a Special Event Permit are:

A. An event hosted by the City.

A.B. An event sponsored by the City.;
B.C. An event atin a private propertyresidence where no admission is charged, the event is not open or advertised to the public, and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.;
C.D. An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests), and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.;
D.E. Events sponsored by religious entities held in the religious entity's facility that only members by permission attend and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.; E.F. Events that are authorized by and consistent with existing use permits and licenses governing the establishment, unless that person, entity, or business holds an event that, in the opinion of the Chief of Police, will foreseeably result in extraordinary police services.

Approval Process
Events classified as Class I or II events shall be approved administratively by City Staff.

City Staff reserves the right to refer applications for events classified as Class I or II to the City Council for consideration if they deem it necessary. Class I or II event applications must be submitted at least 15 calendar days prior to the event.

Events classified as Class III events are subject to approval by the Lindsay City Council.

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Applicants for events classified as Class III events must submit a complete SEP application and accompanying materials for the SEP to be brought to the City Council for consideration. Class III event applications must be submitted at least 60 calendar days prior to the event.

Applications requesting the use of Parks for a private event will be subject to City Council approval. Please note that a Park cannot be closed to the public for any event.

If the applicant cancels or postpones their event, then the applicant forfeits any and all fees paid to the City and will be required to submit a new application for the new event.

If the applicant cancels or postpones their event due to an event that is deemed uncontrollable by human intervention, then the City will honor the fees paid.

Additional Requirements
Special Events are subject to the additional requirements:
• Adeqquate and safe ingress and egress shall be provided to the project site.

Directional signing, barricades, fences, and landscaping may be required as a condition of permit approval.
• Private security personnelal may also be required for events based on the recommendation of the Lindsay Department of Public Safety. •
• Adequate parking facilities shall be provided for each Special Event. •
• The proposed Special Event will not adversely impact traffic circulation nor result in traffic congestion in the event project area. • Upon termination of a Special Event , or abandonment of the site, the applicant shall remove materials and equipment, and restore the premises to its original condition.
• Reasonable time limits for hours of operation may be set by the city council or City Staff as a condition of permit approval.
• Applicants for at Special Event Permits shall secure all other applicable licenses and permits prior to issuance of a Special Event Permit.

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• Signage for Special Events shall be subject to the approval of the Planning community development department.

The city council may deny an application for a special event permit if it is determined that conditions exist which would be injurious or detrimental to existing improvements, land uses, or surrounding areas.
• A deposit may be required depending on the type and specific circumstances of the event. The City reserves the right to seek funds from applicant should any damages be incurred by the event.

All SEP applications must be submitted at least 45 days prior to the event date.It is the applicant's responsibility to pass all required inspections, submit all required documentation, and meet all deadlines. Failure to do so may result in denial of the application. The City Reserves the right to deny a Special Event from taking place if the application requirements have not been met, required materials have not been submitted, if fees have not been paid, or if inspections have not been passed.

The City Council, at their discretion reserves the right to deny any SEP application if they determine that conditions exist which would be injurious or detrimental to existing improvements, land uses, or surrounding areas, or be a significant risk to Public Safety.

An assessment of the event and specific circumstances and requirements will be completed to determine the final cost of the Special Event Permit based on the use of City facilities and Staff time and/or extraordinary police costs.

The City Council, City Staff, and/or Chief of Police shall impose conditions to the Special Event Permit that are reasonably required to assure the protection of the public health, the safety of persons attending the event and residents near the event, and the safety of property at or near the event. The conditions shall be in writing and shall be attached to the permit.

Insurance Requirements
Verification of insurance must be submitted along with the Special Event Permit Application and meet the insurance requirements identified within the application. The City Manager, or their designee, reserves the right to modify applicants insurance Formatted: Space After: 0 pt
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requirements as they see fit pursuant to the City’s Risk Management Authority.To the extent authorized by law, the permittee shall defend, indemnify, and hold harmless the City, its officers, agents, employees, and volunteers from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys' fees) and any other liability for injuries or damage to persons or property resulting from the event that were caused by the omissions or authorized acts of permittee's officers, agents, or employees.

Fee Waivers
Fee Waivers are subject to the following requirements:

SEP applicants requesting that SEP associated fees be waived, must submit their fee waiver at time that they submit application. SEP fee waivers are subject to approval by the Lindsay City Council.

Applicants must provide written justification addressed to the Lindsay City Council as well as submit their SEP applications by the deadline for their waiver to be considered.

Please note that the City reserves the right to participate in any special event that is approved and be exempt from the registration fee.

Chapter 18.14.220
Search Lights And Klieg Lights
Search lights and klieg lights are prohibited, except when used for public safety purposes or when specifically approved with a special event permit for a special event.

All other remaining code sections in chapter eighteen of the Lindsay Municipal Code remain unchanged.

Section 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not Formatted: Font: Bold, Underline
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subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15060(c)(2) (The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).

Section 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability, or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.

Section 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.

Section 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate, contradict or otherwise conflict with, applicable State and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City August 08, 2023 Regular Meeting of the Lindsay City Council

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Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____th day of __________________ 2023.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the ____th day of __________________ 2023.

CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Hipolito A. Cerros, Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
August 08, 2023 Regular Meeting of the Lindsay City Council

\

CHECKLIST FOR OFFICE USE ONLY
Completed
application
Site
plan/
map
Business
license
Permission
of
property
owner
Traffic/
parking
control
plan
Waste
plan
ABC
license
Security
plan
Sign
permit
Insurance
certificate
Needed
Submitted
*OFFICE USE ONLY*
Fee Paid: $________________
Receipt #: ________________
Accepted by: ______________
Date Received: ____________
Event Details
Event Name: __________________________________
Location: ____________________________________
Date: ________________________________________
Hours: _______________________________________
Anticipated Attendance: _________________________
Sale of Alcohol: Yes No
Street Closure: Yes No
Park Reservation: Yes No
Applicant Information
Name: _______________________________________
Address: _____________________________________
City, State, Zip: _______________________________
Phone: _______________________________________
E-mail: ______________________________________
Event Organizer/Producer (if different than applicant)
Name: _______________________________________
Address: _____________________________________
City, State, Zip: _______________________________
Phone: _______________________________________
E-mail: ______________________________________
Sponsoring Organizer/Company
Company: ____________________________________
Contact Name: ________________________________
Address: _____________________________________
City, State, Zip: _______________________________
Phone: _______________________________________
E-mail: ______________________________________
Class I: Temporary Uses of 31 days or Less for
Special Occasions as defined as Valentine's Day sales,
Easter sales, Mother’s Day sales, Father's Day sales,
Graduation Day sales, and Fireworks sales only.

Please note that Fireworks sales must also comply with
the provisions of chapter 8.22 of the Lindsay
Municipal Code. Requirements: Special Event Permit
Application, Site Plan (if applicable), Business
License, Property Owner’s Permission
Fee: $100.00

Class II: Events involving low impact road
closures or on City-owned public property involving
low impact to normal operations/use. Requirements:

Special Event Permit Application, Site Plan, Traffic
Control/Parking Plan (if applicable)
Fee: $250 + Staff Fully Burdened Hourly Rate
+ Facility Rental Fee (if applicable)
Class III: Events involving the sale of alcohol;
Events involving high impact street closures; Events
that are open to the public on private property; Events charging an entry fee on private property; Events
involving the use of public space and/or City-owned
public property involving high impact to normal
operations/use, Marathons, Cycling Tours, Fairs,
Carnivals, Rodeos, Concerts. Requirements: Special
Event Permit Application, Site Plan, Traffic Control
Plan, Waste Plan, Safety Plan, Insurance Certificate,
Letter of Indemnification, ABC (Alcoholic Beverage
Control) License, Fire Department Inspection,
Building and Safety Inspection. Additional
requirements may be applicable depending on
specifics of event.

Fee: $500 + Staff Fully Burdened Hourly Rate
+ Facility Rental Fee (if applicable)
City of Lindsay
Special Event Permit Application
City Services and Planning Department
150 N Mirage Ave. Lindsay, CA 93247
(559)562-7102 ext. 4
August 08, 2023 Regular Meeting of the Lindsay City Council

Purpose
A Special Event Permit Application allows for special events to use city streets, sidewalks, facilities, and/or services. The City Services Department will review the application and evaluate the proposed uses to ensure safety and appropriateness.

Review Process
Prior to applying, the applicant is required to schedule a pre-application meeting with Planning Staff to determine the Class of special use. This will allow Staff to determine what materials and documentation are required and expedite the process.

Class I and II may be approved administratively. Class III events must be approved by Lindsay City Council. Class III events cannot be held in a residential zone.

Special Events held in Parks cannot charge an entrance fee. Special Events that inquire for a city park to be closed must be brought forth to City Council.

Instructions
This comprehensive application has been designed to assist you in developing your event plan while also informing you of your responsibilities as an event organizer and the fees, requirements, and other permits that may be required. All sections must be completed. Incomplete applications will not be accepted. Applications for Class I and II Events must be submitted no less than 15 calendar days in advance.

Class III Event applications must be submitted no less than 60 calendar days in advance. Applications that do not meet this time frame will not be accepted.

Additional Event Details
Set-up Date _____________ to _______________
Set-up Time_____________ to ________________
Tear-down Date __________ to ____________
Tear-down Time___________ to _____________
Event Hours (the time the event is open to the public) _______ to ________ Number of Participants (use total number of units/floats for parades) __________ Number of Spectators____________
Meeting Information
Date: __________________
Time: __________________
In attendance: ___________________________________________________________ Scheduled by: ____________________________________________ August 08, 2023 Regular Meeting of the Lindsay City Council

Total Anticipated Attendance____________
Type of Event:

Run Walk Cycling Parade Concert Carnival
Certified Famers Market Street Festival Park Festival
Fireworks Promotional/Marketing Fundraiser
Protest/Rally Filming Tournament Rodeo Circus
Open to Public or Private Event
Has this event been produced before? If so, state the previous name, date, and location of event.

Will there be an admission fee? If so, provide a detailed description of your event.

Attach additional pages and materials as needed.

Event will occupy:

One Lane Two Lanes Half a Street Full Street
Sidewalk Only
Closure Type:

Rolling Street Closure (Street opens to normal traffic after participants pass) Hard Street Closure (Street will be closed for an extended period of time and/or event equipment will be placed in street for the duration of the event, meaning, no vehicle access)
Street Name________________________
Between____________________ and _____________________
Start Time_____________ End Time_________________
Street Name________________________
Between____________________ and _____________________
Start Time_____________ End Time_________________
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ August 08, 2023 Regular Meeting of the Lindsay City Council

Alcohol Management Plan
Alcohol services and consumption on public property are allowed by Special Event Permit only. If you are interested in selling alcohol at your event, you will need to receive approval and signature from the Director of Public Safety for a California Alcoholic Beverage Control (ABC) license. Commercial enterprises and caterers are subject to different requirements. Please contact ABC’s Fresno District Office at (559)225-6334 or visit www.abc.ca.gov for more information.

The following rules apply to alcohol service or sales on City of Lindsay public property:
• All alcohol must be sold and consumed within a fenced venue (ABC license type will dictate the size and type of fencing)
• If the alcohol area is accessible to all ages wishing to purchase or consume alcohol must present a current ID, and if that attendee is 21 years old or older, they must be issued a nontransferable wristband. All attendees must present their wristband to be served or consume alcohol. • Servers must be 21 years of age or older.
• Servers may not consume alcoholic beverages while serving. • Attendees may be served no more than two standard drinks at a time. The City of Lindsay defines one standard drink size as:
o 12 oz. beer
o 5 oz. of wine
o 1 oz. of distilled spirit/hard alcohol in a mixed drink o Shots are not permitted on public property.
• Alcohol cups must be paper or plastic and be distinguishable from other beverages.
• Service must end a minimum of 30 minutes before the scheduled event’s end time.
• City staff may establish a start and end time when alcohol may be served. • Non-alcoholic beverages and water must be available at the event.

Are you requesting permission to serve alcohol at your event? If so, which kind.

Will the alcohol be sold to the attendees?
Yes No
Is the event open to all ages?
Yes No
__________________________________________________________________ __________________________________________________________________ August 08, 2023 Regular Meeting of the Lindsay City Council

Explain your sales plan (ticket system, cash at service area, how IDs will be checked, etc.).

Explain who will be serving the alcohol (professional bartenders, volunteers, etc.).

How many alcohol service locations will you have and where will they be located? Please include locations on the site plan/map.

Do you have an alcohol sponsor? If yes, state who.

Amplified Sound/Entertainment Related Activities
The City of Lindsay defines “amplified sound” as speech, music, or other sound projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, or similar devices or combinations of devices, which are powered by electricity, battery, or combustible fuel and which are intended to increase the volume, range, distance or intensity of speech, music, or other sound.

In accordance with Lindsay Municipal Code 8.20 Noise Control, the following restrictions apply to amplified sound: no person, shall use amplified sound, before 7am and after 10pm unless prior authorization is received, and permission is included in your Special Event Permit.

Will your event include amplified sound?
Yes No
What times are you requesting amplified sound?
______________ to _____________
Will sound checks be conducted prior to start time? If yes, state the start time and end time.
______________ to ______________
Describe the sound equipment that will be used at the event. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ August 08, 2023 Regular Meeting of the Lindsay City Council

Will there be any musical entertainment related features at your event? Yes No
Does the entertainment include the use of fireworks, strobes, lasers, or other electrical equipment? If yes, explain.

Does the entertainment include any inflatables (bounce houses)? If yes, explain.

Does the entertainment include any carnival rides? If yes, explain.

Does the entertainment include animals (petting zoo, pony rides, etc.)? If yes, explain.

Does the entertainment include any vehicles (car show, displays, etc.)? If yes, explain.

Stages/Platforms
Stages/platforms may require an inspection by the City Building inspector for a fee. Will your event include the installation of stages or platforms? If yes, indicate the number of stages and their corresponding sizes. Please include it on the site plan/map.

Tents/Canopies/Temporary Structures
The standard canopy allowed at events without a special permit is 10x10. These canopies can be grouped into clusters of no more than seven. There must be a minimum 12-foot space between each cluster of canopies. Tents larger than 200 sq ft must be permitted and inspected by the Lindsay Fire Department.

August 08, 2023 Regular Meeting of the Lindsay City Council

Will your event include tents or canopies? If yes, indicate the number and their corresponding sizes. Please include it on the site map/plan.

Vendors
The City of Lindsay defines "vendor" as an organization or business that sells or advertises products and/or services to event attendees. Generally, there are three categories of vendors: 1) food/beverage, 2) merchandise and 3) information. A City of Lindsay Business License is required for vendors who wish to sell, expose for sale, or offer for sale any food/beverage or merchandise in the City of Lindsay.

Please contact the Lindsay Department of City Services at (559) 562-7102 ext. 4 for business license information. You should require each vendor to provide you, the event organizer, with a copy of their business license (if applicable).

Does your event include food vendors? If yes, how many? _________ Does your event include food trucks? If yes, how many? ________ Will any of the food vendors or food trucks be cooking or heating food on-site? If yes, how many? _______
What method(s) will be used?
Gas Electric Charcoal Other
What is your plan for disposing of grease, charcoal and/or wastewater? Does your event include merchandise vendors? If yes, how many? _____________ Does your event include information vendors? If yes, how many? _____________ Will any items or services sold at your event present any unique liability issues (massages, pony rides, tattooing, piercing, etc.)? Please describe the services.

Marketing/Advertisement/Promotions
Please ensure that you have conditional approval before you begin to market, advertise, or promote your event. Acceptance of the Special Event Permit Application does not guarantee approval of your event. Once you have conditional approval, you may proceed to market, advertise, or promote your event at your August 08, 2023 Regular Meeting of the Lindsay City Council

own risk. However, if the permit is not guaranteed and the event is therefore cancelled, YOU MAY NOT HOLD THE CITY OF LINDSAY

RESPONSIBLE OR LIABLE FOR ANY OF THE COSTS INCURRED
FROM YOUR MARKETING, ADVERTISING, OR PROMOTIONS.

Applicants may not use the City of Lindsay’s logo for promotional purposes unless authorized by the City Council.

Do you plan to place signs or hang banners on city property? If yes, please explain and submit conceptual design of proposed signs and a sign permit application. ____________________________________________________________ ____________________________________________________________ Insurance
Verification of insurance must be submitted along with the Special Event application. You must submit two documents to satisfy insurance requirements:

1. Certificate of Insurance documenting General Liability insurance coverage in the amount of $1 million coverage and $2 million aggregate for Class Events I and II. Class III must provide $2 million coverage and $3 million aggregate. The coverage should extend from the event date to any set-up and/or tear down dates. The standard proof of insurance is the ACORD certificate form. The name of the insured, the insurance carrier, the policy number, coverage limits, and effective and expiration dates for the coverage must be stated on the certificate of insurance. If alcohol is to be sold at the event, an additional $1 million in liquor liability insurance is required.

Insurance certificates must be signed by an authorized representative of the insurance carrier. Electronic signatures are acceptable.

2. An additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as additional insured. The Additional Endorsement must reference the policy number as it appears on the certificate. “The City of Lindsay, it’s officials, agents, employees and volunteers” must be named as additionally insured on the Additional Insured Endorsement. Your permit will not be issued until both the Certificate of Insurance and Additional Insured Endorsement have been received.

The promoter and/or vendor must agree to indemnify, save, hold harmless, and at City’s request, defend the City, is officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Promoter and/or Vendor, its officers, agents, or employees under this agreement arising out of the event.

August 08, 2023 Regular Meeting of the Lindsay City Council

Form of Payment
Your application is not considered complete until this fee is received. Checks must be payable to “City of Lindsay.”
Please indicate the type of payment method you will be using:

Cash
Personal/Business Check
Money Order
Visa/MasterCard
Signature
I have read the rules and regulations contained in this document and agree to abide by these rules and regulations. I am duly authorized by the Organizer or Sponsoring Company to submit this application on their behalf and agree to be financially responsible for any fees and costs that may be incurred by or on behalf of the event in the City of Lindsay. I certify that the information that I have provided on this application is true and to the best of my knowledge.

Printed Name _____________________________________________________ Signature_________________________________________________________ By checking this box as an electronic signature, I agree to all the terms and conditions that may apply to the special event permitting process and agree that all information contained in this application is correct and to the best of my knowledge.

Date________________ Driver’s License/ID Number______________________ City Use Only

APPROVAL DATES COMMENTS
Planning:

Building:

Other:

APPROVAL SIGNATURES
Planning Dept. Building Dept.
o Class I: $100
o Class III: $250 + the hourly rate of staff
o Class III: $500 + the hourly rate of staff
to put together documents and present to
council.

August 08, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY PUBLIC HEARING NOTICE
Date: Tuesday, July 25, 2023
Time: 6:00 PM or as soon thereafter
Location: Council Chambers City Hall
251 East Honolulu Street, Lindsay, CA 93247
NOTICE IS HEREBY GIVEN that the City Council of the City of Lindsay, California, will hold a public hearing on July 25, 2023, beginning at 6:00 PM (or as soon thereafter as the matter can be heard) to solicit public comments relating to the following matter:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING SPECIAL EVENT

PERMIT FEES AND CHARGES THERETO
FURTHER information on this matter and the full text of the proposed documents may be obtained from the City Clerk at 251 East Honolulu Street, Lindsay, CA 93247 during normal business hours 9:00 AM-5:00 PM Monday through Friday.

ALL INTERESTED PARTIES are encouraged to attend said PUBLIC HEARING to ask questions, express opinions and/or submit evidence for or against the matter. Written comments should be submitted via mail to the City Clerk at P.O. Box 369, Lindsay, CA 93247, or in person at 251 East Honolulu Street, Lindsay, CA 93247, or via email to [email protected] at least 24 hours prior to the scheduled public hearing.

BY ORDER OF THE CITY COUNCIL OF THE CITY OF LINDSAY
Dated: JULY 12, 2023
August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-29

NUMBER 23-29
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY

AMENDING SPECIAL EVENT PERMIT FEES AND CHARGES AND

REPEALING ALL OTHER RESOLUTIONS RELATIVE TO SPECIAL

EVENT PERMIT FEES AND CHARGES THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on August 08, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City is authorized to adopt and impose user and regulatory fees and charges for the municipal services and activities, it provides (collectively hereinafter “User Fees”); and WHEREAS, the City last adopted Special Event Permit related fees on December 13, 2022 via Resolution No. 22-65; and
WHEREAS, pursuant to Government Code Section 66016 notice of the proposed adoption of the amended Special Event Permit Fees were provided in the form of a notice mailed to interested parties at least fourteen days prior to the public hearing, and public hearing notices published at least ten (10) days prior to the public hearing, in the Porterville Recorder; and WHEREAS, City Staff developed an amended fee schedule based upon the recently adopted User Fee Study, Cost Allocation Plan, and needs of the community which identifies all proposed updates to Special Event Permit Fees recommended for adoption by the City Council, attached hereto as ‘Exhibit A’; and
WHEREAS, the City Council conducted a duly noticed public hearing regarding the proposed amendment of the Special Event Permit Fees at its regularly scheduled meeting on July 25, 2023, during which it heard public testimony and comment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council has reviewed and hereby approves and adopts the amended Special Event Permit Fee Schedule attached hereto as ‘Exhibit A’.

SECTION 3. The amended Special Event Permit Fees will become effective forty-five (45) days post public hearing adoption.

August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-29

SECTION 4. This Resolution shall take effect immediately upon its adoption. However, the amended Special Event Permit Fees set forth in the attached Exhibit A shall not be in force or effective until forty-five (45) days post public hearing adoption.

PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:

MEETING DATE August 08, 2023
MOTION

SECOND MOTION
AYES
ABSENT

ABSTAIN
NAYS

CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.

FRANCESCA QUINTANA HIPOLITO A. CERROS

CITY CLERK MAYOR
August 08, 2023 Regular Meeting of the Lindsay City Council

‘Exhibit A’
Planning Fees
Special Event Permit
Special Event Permit
Current Fee Proposed Fee
Category I; Temporary Uses of 31 days or Less for Special Occasions as defined as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales only. Please note that Fireworks sales must also comply with the provisions of chapter 8.22 of the Lindsay Municipal Code.Temporary Signs, Grand Opening Banners/
Balloons
$250.00 $100.00
Category II; Events involving low impact road closures or on City-owned public property involving low impact to normal operations/use.

Temporary Uses Of 3 Days or Less (Valentine's Day Flower Sales, Firework Sales)
$350.00 $250.00 + Staff
Fully Burdened
Hourly Rate +
Facility Rental
Fee (if
applicable)
Category III; Events involving the sale of alcohol; Events involving high impact street closures; Events that are open to the public on private property; Events charging an entry fee on private property; Events involving the use of public space and/or City-owned public property involving high impact to normal operations/use, Marathons, Cycling Tours, Fairs, Carnivals, Rodeos, Concerts.

Events with Less than 100 Attendees
$450.00 $500.00 + Staff
Fully Burdened
Hourly Rate +
Facility Rental
Fee (if
applicable)
Category IV; Events With 100-499 Attendees $800
Deposit
N/A
Category V; Events with Greater than 500 Attendees; Events Involving the Sale of Alcohol.
$1,500
Deposit
N/A
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August 08, 2023 Regular Meeting of the Lindsay City Council