We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.
12/21/2023 3
▪
Attachment(s):
Official Species List
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".
This species list is provided by:
Sacramento Fish And Wildlife Office
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
(916) 414-6600
12/21/2023 4
PROJECT SUMMARY
Project Code: 2024-0029221
Project Name: Hidden Oak Subdivision
Project Type: Residential Construction
Project Description: The development of 50 single family residencies on approximately 9 acres of vacant land in the City of Lindsay, CA.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@36.21356145,-119.11142632895165,14z Counties: Tulare County, California
12/21/2023 5
1. ENDANGERED SPECIES ACT SPECIES
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.
MAMMALS
NAME STATUS
San Joaquin Kit Fox Vulpes macrotis mutica
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2873
Endangered
Tipton Kangaroo Rat Dipodomys nitratoides nitratoides
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7247
Endangered
BIRDS
NAME STATUS
California Condor Gymnogyps californianus
Population: U.S.A. only, except where listed as an experimental population There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/8193
Endangered
Yellow-billed Cuckoo Coccyzus americanus
Population: Western U.S. DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/3911
Threatened
1 12/21/2023 6
REPTILES
NAME STATUS
Northwestern Pond Turtle Actinemys marmorata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1111
Proposed
Threatened
AMPHIBIANS
NAME STATUS
California Tiger Salamander Ambystoma californiense
Population: U.S.A. (Central CA DPS)
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/2076
Threatened
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
CRUSTACEANS
NAME STATUS
Vernal Pool Fairy Shrimp Branchinecta lynchi
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/498
Threatened
FLOWERING PLANTS
NAME STATUS
San Joaquin Adobe Sunburst Pseudobahia peirsonii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2931
Threatened
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES.
12/21/2023 7
IPAC USER CONTACT INFORMATION
Agency: Madera city
Name: Natalie Neff
Address: 39930 Sierra Way
Address Line 2: #B
City: Oakhurst
State: CA
Zip: 93644
Email [email protected]
Phone: 5597604011
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Lindsay city
Appendix B
Archaeology Technical Report
1 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
TECHNICAL MEMORANDUM
Date: January 5, 2024
To: Darlene Mata, DR Mata Consulting, Inc.
From: Consuelo Sauls, M.A., RPA, Archaeologist, Taylored Archaeology Subject: Cultural Resources Technical Memorandum Desktop Review for the Hidden Oaks Tentative Subdivision Map Project, City of Lindsay, County of Tulare, California Introduction
Taylored Archaeology has conducted a records search for the Hidden Oaks Tentative Subdivision Map Project (Project). The proposed Project consists of a 50 lots single-family residential development located in the City of Lindsay, Tulare County, California. The purpose of the records search is to identify all previously recorded cultural resources within the Project area. It entails a review of all previously recorded archaeological sites and historic properties situated within a half-mile radius of the surrounding area.
The Project is currently undergoing environmental evaluation under the California Environmental Quality Act (CEQA) with the City of Lindsay serving as lead agency.
Project Location
The Project site is approximately 9.6 acres of fallow field and is located north of Tulare Road, west of Road 208 in the City of Lindsay in Tulare County, California. The Project site consists of Tulare County Assessor’s Parcel Number 199-050-055 (Figure 1). The site is surrounded by rural residences to the southeast and east, orchards to the north and west, and agricultural fields to the south. Furthermore, the Project site is in Township 20 South, Range 26 East, Section 1 on the United States Geological Survey (USGS) 7.5-minute series Lindsay, California topographic quadrangle map (Figure 2).
Methodology
Taylored Archaeology researched potential cultural resources within the Project vicinity by requesting a cultural resources records search from the Southern San Joaquin Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS), at California State University, Bakersfield and reviewing records in relationship to the Project area. The records search covered the Project area and all land within a 0.5-mile radius of the Project and included a review of the following: the Archaeological Resources Directory, the National Register of Historic Places, the California Registry of Historic Resources, the California Points of Historical Interest, the California Historical Landmarks, the California State Historic Resources Inventory, and a review of cultural resources reports on file with the SSJVIC. Archival research of available historic maps, historic aerial photographs, records, and databases was additionally conducted. 2 Records Search Results
The SSJVIC responded to Taylored Archaeology’s records search request on December 18, 2023 (Records Search File No.: 23-497; Attachment B). The SSJVIC reported that there was one previous investigation (TU-01673) conducted within the Project boundary and that there were no previously recorded resources in the Project boundary. TU-01673 is a 2004 Archaeological Survey Report and Historic Property Survey Report for the Tulare Expressway Project on State Route 65, Tulare County, California. The results of the Archaeological Survey Report were negative for historic and prehistoric archaeological sites. The Historic Property Survey report identified numerous historic-age buildings within a 0.5-mile radius of the Project boundary, but no resources were identified within the Project boundary itself.
The SSJVIC also reported that there were six cultural resources investigations conducted, and 15 previously recorded resources, within a 0.5-mile radius as shown in Attachment B. These consist of 14 historic-age buildings and one structure. Overall, the Project will not impact the identified resources summarized in Attachment B.
Archival Research
Taylored Archaeology reviewed USGS 7.5-minute topographic maps of the Lindsay, CA quadrangle from 1928, 1951, 1951 photorevised 1969, 2012, 2018, and 2021. This review showed the Project boundary as an orchard from 1928 to 1969 (USGS) with a rural residence outside the boundary to the southeast, and the Project bordered by Oak Avenue to the east. The USGS maps show the project as surrounded by orchards on all sides. USGS maps from 2012 to 2021 no longer show individual buildings but do show Oak Avenue in its present-day configuration.
Historic aerial photograph coverage of the Project is available from 1956 to present day (NETROnline 2024;Google Earth Pro 2024). A review of historic aerial photographs shows the Project site as an orchard from 1956 to 2006, and as an empty agricultural field from 2009 to present day. No historic aerial photographs are available for 2007 or 2008.
Conclusion and Recommendations
According to the SSJVIC records search results and archival research, no cultural resources were found within the Project boundary. The Project site was surveyed in 2004 by Caltrans which resulted in negative findings on the site (TU-01673; Attachment B). Finally, archival research showed the site as an orchard from 1956 to 2006 and as an empty agricultural field from 2009 to present day.
While past agricultural activities may have potentially destroyed or obscured ground surface evidence of archaeological resources within the Project boundary, intact archaeological resources related to prior occupation of the area may potentially exist below the ground surface.
Taylored Archaeology therefore recommends the following:
In the event of accidental discovery of unidentified archaeological remains during development or groundmoving activities in the Project boundary, all work should be halted in the immediate vicinity (within a 100-foot radius) until a qualified archaeologist can identify the discovery and assess its significance.
If human remains are uncovered during construction, the Tulare County Coroner is to be notified to investigate the remains and arrange proper treatment and disposition. If the remains are identified on 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
3 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
the basis of archaeological context, age, cultural associations, or biological traits to be those of a Native American, California Health and Safety Code 7050.5 and PRC 5097.98 require that the coroner notify the Native American Heritage Commission within 24 hours of discovery. The Native American Heritage Commission will then identify the Most Likely Descendent who will be afforded an opportunity to make recommendations regarding the treatment and disposition of the remains.
Taylored Archaeology appreciates the opportunity to assist you on this project. If you have any questions concerning this letter, please do not hesitate to contact Consuelo Sauls at [email protected].
Sincerely,
Consuelo Sauls, M.A., RPA 41591505
Professional Archaeologist
Attachment A: Project Maps
Attachment B: Records Search Results Letter and Summary Tables 4 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
References
Google Earth Pro.
2023 Google Earth Software, Google, Inc.
NETROnline
2024 “Historic Aerials”. https://www.historicaerials.com/ Accessed January 4, 2024.
United States Geological Survey (USGS)
1928 Lindsay, California, Quadrangle Map. 7.5-minute series. U.S. Geological Survey, Denver, Colorado.
1951 Lindsay, California, Quadrangle Map. 7.5-minute series. U.S. Geological Survey, Denver, Colorado.
1969 Lindsay, California, Quadrangle Map, 1951, photo revised 1969. 7.5-minute series. U.S.
Geological Survey, Denver, Colorado.
2012 Lindsay, California, Quadrangle Map. 7.5-minute series. U.S. Geological Survey, Denver, Colorado.
2015 Lindsay, California, Quadrangle Map. 7.5-minute series. U.S. Geological Survey, Denver, Colorado.
2018 Lindsay, California, Quadrangle Map. 7.5-minute series. U.S. Geological Survey, Denver, Colorado.
2021 Lindsay, California, Quadrangle Map. 7.5-minute series. U.S. Geological Survey, Denver, Colorado.
5 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
ATTACHMENT A
Project Maps
6 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
Figure 1 Project vicinity in Lindsay, California
7 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
Figure 2 Project location on the USGS Lindsay, CA 7.5-minute quadrangle 8 6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
Figure 3 Aerial view of the Project boundary
6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
ATTACHMENT B
Records Search Results
12/18/2023
Consuelo Sauls
Taylored Archaeology
6083 N. Figarden Dr. Ste. 616
Fresno, CA 93722
Re: Hidden Oaks Tentative Subdivision Map
Records Search File No.: 23-497
The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Lindsay USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.5 mile radius:
As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ GIS data
Resources within project area: None
Resources within 0.5 mile radius: 15 Resources – See list.
Reports within project area: 1 Report – See list
Reports within 0.5 mile radius: 6 Reports – See list.
NOTE:
Resource Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Resource Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Resource Digital Database Records: ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Report Digital Database Records: ☒ enclosed ☐ not requested ☐ nothing listed Resource Record Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Report Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Note:
OHP Built Environment Resources Directory: ☒ enclosed ☐ not requested ☐ nothing listed Archaeological Determinations of Eligibility: ☐ enclosed ☐ not requested ☒ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☐ not requested ☒ nothing listed Note: P-15-007046 is not listed in the BERD. The 2013 HPD page was included for this resource.
Caltrans Bridge Survey: Not available at SSJVIC; please see https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Ethnographic Information: Not available at SSJVIC
Historical Literature: Not available at SSJVIC
Historical Maps: Not available at SSJVIC; please see
http://historicalmaps.arcgis.com/usgs/
Local Inventories: Not available at SSJVIC
GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see https://www.slc.ca.gov/shipwrecks/
Soil Survey Maps: Not available at SSJVIC; please see
http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above.
The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office.
Thank you for using the California Historical Resources Information System (CHRIS).
Sincerely,
Jeremy E David
Assistant Coordinator
SSJVIC Record Search 23-497
Reports in PA: Reports in 0.5 Radius: Resources in PA: Resources in 0.5 Radius:
TU-01673 TU-00010 None P-54-005138
TU-00102 P-54-005139
TU-00193 P-54-005140
TU-00441 P-54-005142
TU-00951 P-54-005143
TU-01498 P-54-005144
P-54-005145
P-54-005146
P-54-005147
P-54-005148
P-54-005149
P-54-005150
P-54-005151
Informal: CHL 471
6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
Table 1
Previous Cultural Resource Reports within the Project Area Report
Number Author(s) Date Report Title Study
TU-01673 Steven Ptomey 2004 Historic Property Survey Report for the Tulare Expressway Project on
State Route 65, Tulare County,
California
Architectural/Historical
Field Survey
2004 Archaeological Survey Report for the
Tulare Expressway Project on State
Route 65, Tulare County, California
Archaeological Survey
Report for the Tulare
Expressway Project on
State Route 65, Tulare
County, California
Chris Brewer 2004 Historic Resource Evaluation Report
State Route 65, Tulare Expressway,
Tulare County, California
Architectural/Historical
Evaluation
Table 2
Previous Cultural Resource Reports within a 0.5-mile radius of the Project Area Report
Number Author(s) Date Report Title Study
TU-00010 Kristina C. Roper and
Sheri Ahlborg
1997 Negative Archaeological Survey Report
for 06-Tul-65 29.5/32.0, 06-Tul-137
27.0/27.4 Overlay and Widening
Archaeological Field
survey
TU-00102 Brian Hatoff, Barb
Voss, Sharon
Waechter, Stephen
Wee and Vance
Benté
1995 Cultural Resources Inventory Report
for the Proposed Mojave Northward
Expansion Project
Archaeological Field
survey
TU-00193 R.J. Cantwell 1977 Archaeological and Historical Survey Report for the Road 201 from Avenue
228 to Avenue 232
Archaeological and
Historical field survey
TU-00441 Lynn Riley 1988 Negative Archaeological Survey Report for the Intersection of Route 65 and
Oak Street
Archaeological field
survey
TU-00951 Jim Fisher 1998 Historic Resource Evaluation Report for Cairns Corner Near Lindsay, Tulare
County
Architectural/Historical
Evaluation
6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
Report
Number Author(s) Date Report Title Study
TU-01498 Laura Leach-Palm,
Paul Brandy, Jay King,
Pat Mikkelsen, Libby
Seil, Lindsay Hartman
and Jill Bradeen
2010 Cultural Resources Inventory of
Caltrans District 6 Rural Conventional
Highways in Fresno, Western Kern,
Kings, Madera, and Tulare Counties.
Archaeological and
Architectural/Historical
field survey
Table 3
Previous Recorded Cultural Resources within a 0.5-mile radius of the Project Area Resource
Number Age Association Resource Type Resource Description Distance from Project Boundary P-54-005138 Historic Building Single Family
Property
823 N. Oak Avenue
Adjacent to project boundary
P-54-005139 Historic Building Single Family
Property
1027 N. Oak Avenue
0.12 miles to the north
P-54-005140 Historic Building Farm/Ranch (former
small-scale dairy with
a small single-family
house.
1157 Oak Avenue
0.28 miles to the north
P-54-005142 Historic Building Single Family
Property
941 N. Cedar Avenue
Demolished circa
2018.
0.14 miles to the northwest
P-54-005143 Historic Building Single Family
Property
948 N. Cedar Avenue
0.11 miles to the northeast
P-54-005144 Historic Building Single Family
Property
1120 N. Cedar
Avenue
0.21 miles to the northwest
P-54-005145 Historic Building Single Family
Property
1212 N. Cedar
Avenue
0.36 miles to the northwest
P-54-005146 Historic Building Single Family
Property
907 N. Spruce
Avenue
Demolished after
2007.
0.32 miles to the west
6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
Resource
Number Age Association Resource Type Resource Description Distance from Project Boundary P-54-055147 Historic Building Single Family
Property
961 N. Spruce
Avenue
0.33 miles to the west
P-54-005148 Historic Building Single Family
Property
980 N. Spruce
Avenue
Demolished between
2013 to 2018.
0.29 miles to the northwest
P-54-005149 Historic Building Single Family
Property
999 N. Spruce
Avenue
0.34 miles to the northwest
P-54-005150 Historic Building Single Family
Property
1027 N. Spruce
Avenue
0.35 miles to the northwest
P-54-005151 Historic Building Single Family
Property
1137 N. Spruce
Avenue
Demolished between
2007 and 2012.
0.43 miles to the northwest
CHL 471 Historic Monument Butterfield Stage
Route – A plaque
placed by the
California State Park
Commission in
Cooperation with the
Tulare County
Historical Society
0.77 miles to the southeast
AN RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-34
NUMBER 24-34
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (IS/MND) FOR ZONE CHANGE NO. 2024-01,
TENTATIVE SUBDIVSION MAP NO. 24-01 “HIDDEN OAKS”, AND
PLANNED UNIT DEVELOPMENT NO. 2024-01, AND APPROVING
TENTATIVE PARCEL MAP NO. 24-01 AND PLANNED UNIT
DEVELOPMENT NO. 2024-01 TO SUBDIVIDE 9.1 ACRES INTO 50
SINGLE FAMILY RESIDENTIAL LOTS AND TO ALLOW FOR A
MINIMUM LOT SIZE OF 5,000 SQUARE FEET, LOCATED NORTH
OF TULARE ROAD ON THE WEST SIDE OF OAK AVENUE (APN
199-050-055).
At a regularly scheduled meeting of the City of Lindsay City Council held on September 10, 2024, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, Quest Equity LLC on behalf of Daley Enterprises requested the approval of Tentative Parcel Map No. 24-01 “Hidden Oaks” to subdivide 9.1 acres into 50 single-family residential lots and Planned Unit Development (PUD) No. 2024-01 to allow for a minimum lot size of 5,000 square feet. The project site is located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055) and;
WHEREAS, the site is designated by the Lindsay General Plan as Low Density Residential and Zoned R-1-7; 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 September 10, 2024, meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Council hereby makes the following findings regarding Tentative Parcel Map No. 2024-01 and PUD No. 24-01, based on facts detailed in the September 6, 2024, staff report, which is hereby incorporated by reference, as well as the evidence and testimony presented during the Public Hearing:
AN RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-34
A. Tentative Subdivision Map No. 24-01 complies with the requirements of the Municipal Code and the Subdivision Map Act and the Conditions of Approval.
B. The proposed location of the PUD is in accordance with the objectives of the zoning code.
C. 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.
D. The proposed PUD will comply with each of the applicable provisions of this section.
E. The standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, 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.
SECTION 2. The City Council of the City of Lindsay approves Tentative Subdivision Map No. 24-01 and PUD No. 24-01 based on the evidence presented subject to the following conditions:
1. The site shall be developed consistent with the approved Tentative Subdivision Map No. 24-01 and its conditions per attached Exhibit A including, but not limited to, right of way dedications, utility connections, road improvements, and all applicable development standards found in the Zoning
Ordinance and City Municipal Code.
2. All mitigation measures in the Mitigated Negative Declaration approved with Tentative Subdivision Map No. 24-01 shall be complied with.
3. The project shall be developed and maintained in substantial compliance with the tentative map, except for any modifications that may be needed to meet these conditions of approval.
4. The final subdivision map shall be submitted in accordance with City ordinances and standards.
5. 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.
AN RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-34
6. 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 approval of the final map.
7. A community facilities maintenance district (CFMD) shall be formed in conjunction with the final map acceptance to provide the maintenance costs for common landscaping and other
improvements, in accordance with existing City policy.
8. The project shall be subject to the applicable development impact fees adopted by resolution of the City Council.
9. In accordance with Government Code Section 66020, the applicant is hereby notified that the 90-day appeal period identified in Government Code Section 66020 during which you may protest the imposition of fees, dedications, reservations, and other exactions identified in Tentative Subdivision Map will begin to run on the date of the approval of Map by the City.
10. The developer shall comply with the standards, provisions, and requirements of the San Joaquin Valley Air Pollution Control District that relate to the project.
11. Fire hydrant types and locations shall be approved by the Public Safety and City Services Departments.
12. Concrete pads for installation of mailboxes shall be provided in accordance with determinations made by the Lindsay
Postmaster.
13. One tree shall be planted in the front yard of each home prior to the certificate of occupancy being issued.
14. Streetlights shall be provided within the project as per City local street lighting standards.
15. 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.
16. All signs shall require a sign permit separate from the building permit.
17. A temporary easement shall be dedicated on the final map for each of the proposed ‘turn around’ area on lots 12 and 22 and for any stub street during the phasing process.
18. 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, cost, attorney's fees, or employees.
SECTION 3. This resolution shall be effective immediately upon its approval and adoption.
AN RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-34
SECTION 4. This tentative subdivision map and PUD approval shall expire within two years, unless a final map is filed or an extension is granted via legislation or by the City, in accordance with the Subdivision Map Act.
SECTION 5. The Mayor, or pending officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council of the City of Lindsay, and the City Clerk, or their duly appointed deputy, is directed to attest them.
AN RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-34
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE September 10, 2024
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. _____________________________________
Ramiro Serna, Mayor
CERTIFICATE OF ATTESTING OFFICER
The undersigned, Maegan Peton, City Clerk of the City of Lindsay does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Lindsay which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date thereof.
ATTEST: _____________________________________
Maegan Peton, City Clerk
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ORDINANCE NO. 614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING THE ZONING DESIGNATION FROM R-1-7 to R-1-5, FOR A 9.10 ACRE PROPERTY
LOCATED NORTH OF TULARE ROAD ON THE WEST SIDE OF OAK AVENUE (APN 199-050-055), 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:
Section 1. LOCATION. The real property located in the City of Lindsay and described as follows: APN 199-050-055 shall be and is hereby designated as R-1-5.
Section 2. AMENDMENT. 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 Section 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.
Section 3. CEQA REVIEW. 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 adopted for this project.
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, 2 of 3
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 or contradict, 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 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.
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THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the 10th day of September 2024.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 24th day of September 2024.
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Ramiro Serna, Mayor
ATTEST:
____________________________________
Maegan Peton, City Clerk