NUMBER 25-08
TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY,
CALIFORNIA, ADOPTING AN INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR ZONING ORDINANCE UPDATE NO. 25-
01, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
MEETING At a regularly scheduled meeting of the City of Lindsay City Council held on March 25th, 2025, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay has prepared Zoning Ordinance Update No. 25-01 to revise Title 17 (Subdivision Ordinance) and Title 18 (Zoning Ordinance) of the Lindsay Municipal Code to comply with new state laws and to maintain consistency with the City’s 2025 Housing Element and General Plan; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), an Initial Study was prepared to assess the potential environmental impacts of the proposed Zoning Ordinance Update No. 25-01; and
WHEREAS, based on the Initial Study, the City determined that the project would not have a significant effect on the environment with the implementation of mitigation measures and therefore prepared a Mitigated Negative Declaration (MND); and
WHEREAS, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared in compliance with Public Resources Code Section 21081.6 to ensure implementation of the identified mitigation measures; and
WHEREAS, the Mitigated Negative Declaration and Initial Study were circulated for public review for the required 30-day comment period pursuant to CEQA Guidelines Section 15073; and WHEREAS, the City Council, acting as Lead Agency under CEQA, has reviewed and considered the Initial Study, Mitigated Negative Declaration, and public comments received, and finds that the documents were completed in compliance with CEQA and reflect the City’s independent judgment and analysis; and
WHEREAS, the City Council finds that there is no substantial evidence in the record that the project will have a significant effect on the environment and that all potentially significant environmental effects identified in the Initial Study can be mitigated to less-than-significant levels.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 25-08
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lindsay as follows:
SECTION 1.
The above recitals are true and correct and incorporated herein by reference.
SECTION 2.
The City Council hereby adopts the Initial Study and Mitigated Negative Declaration for Zoning Ordinance Update No. 25-01, finding that the document complies with the California Environmental Quality Act (CEQA) and reflects the independent judgment of the City.
SECTION 3.
The City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) prepared for Zoning Ordinance Update No. 25-01, as required by CEQA Section 21081.6, and directs staff to implement and monitor the required mitigation measures.
SECTION 4.
The documents and materials constituting the record of proceedings upon which this decision is based are available for public review at the City of Lindsay Community Development Department, 251 E. Honolulu Street, Lindsay, CA 93247.
SECTION 5.
This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE MARCH 25th, 2025
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 25-08
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
CARMEN WILSON MISTY VILLARREAL
DEPUTY CITY CLERK MAYOR
DRAFT INITIAL STUDY AND NEGATIVE
DECLARATION FOR MUNICIPAL CODE AND
CIRCULATION ELEMENT UPDATES
APRIL 2024
4Creeks, Inc.
324 S Santa Fe, Suite A
Visalia, CA 93292
Prepared By: Prepared For:
City of Lindsay
150 N Mirage Ave
Lindsay, CA 93247
TABLE OF CONTENTS
Section 1: Initial Study/ND Process 1-1
1.1 California Environmental Quality Act Guidelines 1-1
1.2 Initial Study 1-1
1.3 Environmental Checklist 1-2
1.4 Notice of Intent to Adopt a Negative Declaration/Notice of Preparation 1-2
1.5 Negative Declaration 1-3
1.6 Intended Uses of the Environmental Assessment, Initial Study 1-3
1.7 Notice of Determination 1-3
1.8 CEQA Process Flow Chart 1-4
Section 2: Project Description 2-1
2.1 Project Description & Purpose 2-1
2.2 Project Location 2-1
2.3 Project Overview 2-1
Section 3: Evaluation of Environmental Impacts 3-1
3.1 Purpose 3-1
3.2 Initial Study/ Negative Declaration 3-2
3.3 Evaluation of Environmental Impacts 3-5
3.4 Environmental Factors Potentially Affected 3-7
3.5 Environmental Analysis 3-8
I. Aesthetics 3-8
II. Agriculture and Forest Resources 3-11
III. Air Quality 3-15
IV. Biological Resources 3-20
V. Cultural Resources 3-24
VI. Energy 3-26
VII. Geology and Soils 3-28
VIII. Greenhouse Gas Emissions 3-32
IX. Hazards and Hazardous Materials 3-36
X. Hydrology and Water Quality 3-40
XI. Land Use and Planning 3-43
XII. Mineral Resources 3-45
XIII. Noise 3-47
XIV. Population and Housing 3-49
XV. Public Services 3-51
XVI. Recreation 3-53
XVII. Transportation 3-54
XVIII. Tribal Cultural Resources 3-56
XIX. Utilities and Service Systems 3-59
XX. Wildfire 3-62
XX. Mandatory Findings of Significance 3-64
Section 4: List of Report Preparers 4-1
List of Figures
2-1 Project Location Map 2-4
2-2 Zoning Map 2-5
3-1 Important Farmland Map 3-14
3-2 Zoning Map 3-43
List of Tables
3-1 San Joaquin Valley Attainment Status 3-15
3-2 Ambient Air Quality Standards 3-16
3-3 SJVAPCD Thresholds of Significance – Criteria Pollutants 3-18 3-4 Greenhouse Gasses 3-32
3-5 City of Lindsay Municipal Code Noise Level Standards 3-47 1-1
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
City of Lindsay
150 N Mirage Ave
Lindsay, CA 93247
SECTION 1
CEQA Review Process
Project Title: City of Lindsay Municipal Code and Circulation Element Update
1.1 California Environmental Quality Act Guidelines
Section 15063 of the California Environmental Quality Act (CEQA) Guidelines requires that the Lead Agency prepare an Initial Study to determine whether a discretionary project will have a significant effect on the environment. All phases of the project planning, implementation, and operation must be considered in the Initial Study. The purposes of an Initial Study, as listed under Section 15063(c) of the CEQA Guidelines, include:
(1) Provide the lead agency with information to use as the basis for deciding whether to prepare an EIR or negative declaration;
(2) Enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a negative declaration; (3) Assist the preparation of an EIR, if one is required, by:
(a) Focusing the EIR on the effects determined to be significant, (b) Identifying the effects determined not to be significant, (c) Explaining the reasons for determining that potentially significant effects would not be significant, and
(d) Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects.
(4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment
(6) Eliminate unnecessary EIRs;
(7) Determine whether a previously prepared EIR could be used with the project.
1.2 Initial Study
The Initial Study provided herein covers the potential environmental effects of a Municipal Code and Circulation Element Update for the City of Lindsay. The Project proposes updates for the city’s Circulation Element, Subdivision Ordinance, and Zoning Ordinance. The City of Lindsay will act as the Lead Agency for processing the Initial Study/ Negative Declaration pursuant to the CEQA Guidelines.
1.3 Environmental Checklist
The Lead Agency may use the CEQA Environmental Checklist Form [CEQA Guidelines, Section 15063(d)(3) and (f)] in preparation of an Initial Study to provide information for determination if there are significant 1-2
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
effects of the project on the environment. A copy of the completed Environmental Checklist is set forth in Section Three.
1.4 Notice of Intent to Adopt a Negative Declaration
The Lead Agency shall provide a Notice of Intent to Adopt a Negative Declaration (CEQA Guidelines, Section 15072) to the public, responsible agencies, trustee agencies and the County Clerk within which the project is located, sufficiently prior to adoption by the Lead Agency of the Negative Declaration to allow the public and agencies the review period. The public review period (CEQA Guidelines, Section 15105) shall not be less than 30 days when the Initial Study/Negative Declaration is submitted to the State Clearinghouse unless a shorter period, not less than 20 days, is approved by the State Clearinghouse.
Prior to approving the project, the Lead Agency shall consider the proposed Negative Declaration together with any comments received during the public review process, and shall adopt the proposed Negative Declaration only if it finds on the basis of the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the Lead Agency’s independent judgment and analysis.
The written and oral comments received during the public review period will be considered by The City of Lindsay prior to adopting the Negative Declaration. Regardless of the type of CEQA document that must be prepared, the overall purpose of the CEQA process is to:
1) Assure that the environment and public health and safety are protected in the face of discretionary projects initiated by public agencies or private concerns; 2) Provide for full disclosure of the project’s environmental effects to the public, the agency decisionmakers who will approve or deny the project, and the responsible trustee agencies charged with managing resources (e.g. wildlife, air quality) that may be affected by the project; and 3) Provide a forum for public participation in the decision-making process pertaining to potential environmental effects.
According to Section 15070(a) a public agency shall prepare or have prepared a proposed negative declaration for a project subject to CEQA when:
The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment.
Less than significant impacts with mitigation measures have been identified.
The Environmental Checklist Discussion contained in Section Three of this document has determined that the environmental impacts of the project are less than significant and that a Negative Declaration is adequate for adoption by the Lead Agency.
1.5 Negative Declaration or Mitigated Negative Declaration The Lead Agency shall prepare or have prepared a proposed Negative Declaration or Mitigated Negative Declaration (CEQA Guidelines Section 15070) for a project subject to CEQA when the Initial Study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment. The proposed Negative Declaration or Mitigated Negative Declaration circulated for public review shall include the following:
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
(a) A brief description of the project, including a commonly used name for the project. (b) The location of the project, preferably shown on a map. (c) A proposed finding that the project will not have a significant effect on the environment. (d) An attached copy of the Initial Study documenting reasons to support the finding. (e) Mitigation measures, if any.
1.6 Intended Uses of Initial Study/Negative Declaration documents The Initial Study/Negative Declaration document is an informational document that is intended to inform decision-makers, other responsible or interested agencies, and the general public of potential environmental effects of the proposed project. The environmental review process has been established to enable the public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency must balance any potential environmental effects against other public objectives, including economic and social goals. The City of Lindsay, as Lead Agency, will make a determination, based on the environmental review for the Environmental Study, Initial Study and comments from the general public, if there are less than significant impacts from the proposed project and the requirements of CEQA can be met by adoption of a Mitigated Negative Declaration.
1.7 Notice of Determination (NOD)
The Lead Agency shall file a Notice of Determination within five working days after deciding to approve the project. The Notice of Determination (CEQA Guidelines, Section 15075) shall include the following:
(1) An identification of the project including the project title as identified on the proposed negative declaration, its location, and the State Clearinghouse identification number for the proposed negative declaration if the notice of determination is filed with the State Clearinghouse. (2) A brief description of the project.
(3) The agency's name and the date on which the agency approved the project. (4) The determination of the agency that the project will not have a significant effect on the environment. (5) A statement that a negative declaration or a mitigated negative declaration was adopted pursuant to the provisions of CEQA.
(6) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted. (7) The address where a copy of the negative declaration or mitigated negative declaration may be examined.
(8) The identity of the person undertaking a project which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies or the identity of the person receiving a lease, permit, license, certificate, or other entitlement for use from one or more public agencies.
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1.8 CEQA Process Flow Chart
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
City of Lindsay
150 N Mirage Ave
Lindsay, CA 93247
SECTION 2
Project Description and Overview
Project Title: City of Lindsay Municipal Code and Circulation Element Update
2.1 Project Description and Purpose
This project is an update of the City of Lindsay’s Municipal Code, Subdivision and Zoning Ordinance, as well as Lindsay’s General Plan Circulation Element to ensure they coincide and align with new State requirements. Title 17, Subdivisions of Lindsay’s Municipal Code will be updated to remove current ambiguity, allow for a more streamlined Planning development review process, and shorten the time it takes to approve housing projects. Title 18, Zoning of the Municipal Code will be updated to meet state housing standards, streamline housing development approval for all income levels, allow for the development of ADUs, and ensure design standards are clear and feasible. Lastly, the Circulation Element of the General Plan will be updated to include cross sections that display street design standards and to reflect the changes made to the City of Lindsay’s Design Guidelines and Public Improvement Standards document.
2.2 Project Location
The project site includes the entire City of Lindsay, California. The City of Lindsay is located in Tulare County along State Route 65 approximately 13 miles east of the City of Tulare. The City of Lindsay occupies an area of approximately 2.72 square miles, all of which is relatively flat. The city is predominantly surrounded by active agricultural lands. See Figure 2-1 for the Project Location Map.
2.3 Project Overview
The main scope of this project is to ensure that the City of Lindsay’s Municipal Code and Circulation Element are up to date and align with all State requirements. This project also aims to streamline approval processes, provide clear design standards, and remove any ambiguity that may be present to ensure that the city is providing appropriate guidance to achieve the community’s long-term vision.
Circulation Element Update
The City of Lindsay’s General Plan Circulation Element was last updated in 1989, meaning some of the language is outdated and not all standards and regulations align with other regulatory documents the city utilizes.
Updates made to the Circulation Element include the following:
• Updating design guidelines for streets so they align with the City of Lindsay’s Design Guidelines and Public Improvement Standards.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
• Cross sections of different street types (Arterial, Connector, and Local) that provide a clear visual of required development standards.
• Update outdated language/terminology and removing any ambiguity.
Subdivision Ordinance Update
Title 17, Subdivisions, of the Lindsay Municipal Code was largely established with the adoption of Ordinance 341 in 1979. Since then, there have been a few minor amendments made to the code, the most recent one being 2019.
The primary goal of the proposed update to the subdivision ordinance is to enhance clarity, consistency, and accuracy in the processing of subdivision cases. This involves eliminating any ambiguity and unpredictability within the ordinance text to provide a more streamlined and efficient framework for reviewing and approving subdivision projects. By doing so, the updated ordinance aims to provide a clear and comprehensive set of guidelines that will benefit both applicants and regulatory authorities involved in subdivision cases.
Furthermore, the ordinance seeks to align itself with recent changes in the Subdivision Map Act, specifically Government Code Sections 66410 through 66499.38. This alignment ensures legal consistency and compliance with current state regulations governing subdivisions, thereby promoting transparency and adherence to the law.
The updated ordinance also strives to align with the General Plan, encompassing various elements such as the Housing Element, Safety Element, and Environmental Justice Element. This alignment aims to create a unified approach to land use planning and subdivision development that supports the broader goals and vision outlined in the General Plan.
These updates are intended to allow for a more streamlined process with the Planning development review process and shorten time it takes to approve housing projects.
As proposed, the update of Title 17, Subdivision Ordiance, would include the following chapters:
17.04 General Provisions
17.08 Definitions
17.12 Types of Maps Required
17.16 Tentative Map
17.20 Final Map
17.24 Parcel Map Subdivision
Zoning Ordinance Update
Title 18, Zoning, of the Lindsay Municipal Code was also established with the adoption of Ordinance 341 in 1979. Since then, there have been a few amendments made to the Zoning code, the most recent one being 2019.
Currently, the Zoning Code does not include many provisions typically incorporated in contemporary zoning codes that allow for flexible development and address specific state planning and housing laws. 2-3
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
This includes allowances and design standards for accessory dwelling units, low barrier navigation centers, manufactured housing, group homes, housing for agriculture employees, housing for persons with disabilities, single-room occupancy units, and supportive housing. As a result the zoning code has been updated to be consistent with state law to ensure it provides appropriate guidance for these uses identified by the community as necessary.
As part of the City’s effort to eliminate constraints to development of housing, permitted, administrative, and conditional uses for different zones have been updated to permit certain housing types in zones they may have not been previously allowed in. These changes will help streamline the proccess of approval, allow for more diverse housing types, and increase residential density.
As proposed, the update of Title 18, Zoning Ordinance, would include the following chapters:
18.06 RA Residential Acreage District
18.07 R One-Family Residential Districts
18.08 RM Multi-Family Residential Districts
18.09 PO Professional Office District
18.10 C Commercial Districts
18.12 Combining Districts
18.13 Off-Street Parking And Off-Street Loading Facilities
18.14 Home Occupations; Temporary Subdivision Signs And Sales Offices; Mobile Parks; Signs And Outdoor Advertising Structures; Manufactured And Second House Units
18.20 Standards For Specific Uses
18.21 Variances
18.24 Construction and Definitions
The draft Zoning Code is included in its entirety in Appendix A. 2-4
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Figure 2-1. Location Map
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Figure 2-2. Zoning Map
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
City of Lindsay
150 N Mirage Ave
Lindsay, CA 93247
SECTION 3
Evaluation of Environmental Impacts
Project Title: City of Lindsay Municipal Code and Circulation Element Update This document is the Initial Study/Negative Declaration for the proposed update to the City of Lindsay’s Municipal Code and Circulation Element. The City of Lindsay will act as Lead Agency for this project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
3.1 PURPOSE
The purpose of this environmental document is to implement the California Environmental Quality Act (CEQA). Section 15002(a) of the CEQA Guidelines describes the basic purposes of CEQA as follows. (1) Inform governmental decision-makers and the public about the potential, significant environmental effects of proposed activities.
(2) Identify the ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible.
(4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.
This Initial Study of environmental impacts has been prepared to conform to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.). According to Section 15070, a public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment,or (b) The initial study identifies potentially significant effects,but:
(1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a proposedmitigatednegative declaration and initialstudy are released for public reviewwould avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on theenvironment. 3-2
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
3.2 INITIAL STUDY/NEGATIVE DECLARATION
1. Project Title: City of Lindsay Municipal Code and Circulation Element Update
2. Lead Agency: City of Lindsay, Planning Department
Contact Person: Araceli Mejia
150 N Mirage Ave
Lindsay, CA 93247
Phone Number: (559) 562-7102
3. Project Location: The project site includes the entirety of the City of Lindsay, California.
4. General Plan Designation: Various.
5. Zoning Designation: Various.
6. Project Description: This project will update the City of Lindsay’s Municipal Code, Subdivision and Zoning Ordinance, as well as the General Plan’s Circulation Element to ensure they coincide and align with new State requirements. Title 17, Subdivisions of Lindsay’s Municipal Code will be updated to remove current ambiguity, allow for a more streamlined Planning development review process, and shorten the time it takes to approve housing projects. Title 18, Zoning of the Municipal Code will meet State Housing Standards, streamline housing development approval for all income levels, allow for the development of ADUs, and ensure development standards are clear and feasible. Lastly, the Circulation Element of the General Plan will be updated to include cross sections that display street design standards and to reflect changes made to the City of Lindsay’s Design Guidelines and Public Improvement Standards document.
7. Surrounding Land Uses and Settings: The City of Lindsay is in the western region of Tulare County approximately 13 miles east of the City of Tulare. The City of Lindsay is predominantly surrounded by active agricultural uses and borders State Route 65 to the west.
8. Required Approvals: The City of Lindsay is the lead agency for this project and would approve the proposed updates.
9. Native American Consultation: The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently 3-3
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
have nearly 100 separate reservations or Rancherias. Tulare County contains one reservation, the Tule River Indian Reservation. This reservation is not located within the city limits.
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Acronyms
AIA Air Impact Assessment
CAA Clean Air Act
CARB California Air Resources Board
CCR California Code of Regulation
CDFW California Department of Fish and Wildlife
CDFG California Department of Fish and Game
CEQA California Environmental Quality Act
CWA California Water Act
DOC Department of Conservation
DTSC Department of Toxic Substance Control
EIR Environmental Impact Report
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
FHSZ Fire Hazard Severity Zone
FMBTA Federal Migratory Bird Treaty Act
FMMP Farmland Mapping and Monitoring Program
HMP Hazard Mitigation Plan
HSC Health and Safety Code
ISND Initial Study Negative Declaration
ISR Indirect Source Review
MRZ Mineral Resource Zone
MMRP Mitigation Monitoring and Reporting Program
NAAQS National Ambient Air Quality Standards
NAHC National American Heritage Center
ND Negative Declaration
NPDES National Pollution Discharge Elimination System
OSHA Occupational Safety and Health Administration
PEIR Program Environmental Impact Report
PM Particulate Matter
ROW Right-of-Way
RWQCB Regional Water Quality Control Board
SHPO State Historic Preservation Office
SJVAB San Joaquin Valley Air Basin
SJVAPCD San Joaquin Valley Air Pollution Control District SMARA Surface Mining and Reclamation Act
SR State Route
SWPPP Storm Water Pollution Prevention Plan
USFWS United States Fish and Wildlife Service
UWMP Urban Water Management Plan
VMT Vehicle Miles Traveled
VOC Volatile Organic Compound
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
3.3 EVALUATION OF ENVIRONMENTAL IMPACTS
1. For purposes of this Initial Study, the following answers have the corresponding meanings:
a. “No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. b. “Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant. c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. For purposes of this Initial Study “mitigation incorporated into the project” means mitigation originally described in the GP PEIR and applied to an individual project, as well as mitigation developed specifically for an individual project.
d. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration.
2. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites, in the parentheses following each question.
A “No Impact” answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
3. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR if required.
5. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced).
6. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3)(D).
In this case, a brief discussion should identify the following. • Earlier Analysis Used. Identify and state where they are available for review. 3-6
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
• Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
• Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated.” Describe and mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
3.4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Public Services Agriculture and Forest Resources Hazards & Hazardous Materials Recreation Air Quality Hydrology and Water Quality Transportation Biological Resources Land Use and Planning Tribal Cultural Resources Cultural Resources Mineral Resources Utilities and Service System Energy Noise Wildfire
Geology and soils Population Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) Where potential impacts are anticipated to be significant, mitigation measures will be required, so that impacts may be avoided or reduced to insignificant levels.
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED.
I find 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 have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is requested. ________________________________________ ______________________
SIGNATURE DATE
_______________ City of Lindsay
PRINTED NAME AGENCY
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3.5 ENVIRONMENTAL ANALYSIS
The following section provides an evaluation of the impact categories and questions contained in the checklist and identify mitigation measures, if applicable.
I. AESTHETICS
Except as provided in Public Resource Code
Section 21099, would the project: Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within state
scenic highway?
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from a
publicly accessible vantage point). If the project is
in an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Environmental Setting
Scenic resources include landscapes and features that are visually or aesthetically pleasing. They contribute positively to a distinct community or region. These resources produce a visual benefit upon communities. While the immediate visual character of the City of Lindsay is defined by its predominantly flat terrain and surrounding agricultural uses, the City of Lindsay General Plan states that the nearby Sierra Foothills and Mountains to the east and north provide a splendid backdrop of views which is unmatched by any other city in the San Joaquin Valley. Unfortunately, this visual backdrop is lost from most positions within the urban area due to the dominance of urban structures in the foreground.
Regulatory Setting
Scenic Roadways: The California ScenicHighway Programwas established in 1963 by the state Legislature for the purpose of protecting and enhancing the natural beauty of California highways and adjacent corridors through conservation strategies. The State Scenic Highway System includes a list of highways that have either been officially designated or are eligible for designation. State laws affiliated with governing the scenic highway programcan be found inSections 260-263 in The Street andHighways Code. 3-9
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
State Scenic Highways: According to the California Department of Transportation mapping of State Scenic Highways, the County of Tulare does not have officially designated State Scenic Highways, however Tulare County has two eligible State Scenic Highways. The nearest eligible highways are SR 198, approximately 8 miles north of the City boundary, and SR 190, 11 miles south of the City of Lindsay.
City of Lindsay Scenic Corridors and Boulevards: The Aesthetic, Archaeological, and Historic Resources section of the City of Lindsay General Plan identifies the following as designated scenic corridors or boulevards:
• State Route 65
• Tulare Road
• Hermosa Street
• Parkside Avenue
• Lindsay Boulevard
Discussion
a) Would the project have a substantial adverse effect on a scenic vista? No Impact: There is no project component that has the potential to adversely impact scenic vistas in and around the city. There is no impact.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within state scenic highway? No Impact: The City of Lindsay does not have a designated state scenic highways in close proximity. Therefore, the Project would have no impact associated with substantial damage to scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. There is no impact.
c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact: The proposed project accounts for the entirety of the urbanized City of Lindsay. There is no project component that has the potential to adversely impact scenic vistas in and around the city. The project is intended to better protect and enhance land use compatibility within the community. The project would not degrade the existing visual character or quality of the city.
There is no impact.
d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
3-10
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
No impact: This project will update the City of Lindsay’s municipal code and general plan. No proposed changes have been made to the lighting standards contained in these documents.
Therefore, no new sources of light or glare would result from the project. There is no impact.
In conclusion, the Project will result in no impacts to the city’s aesthetics. 3-11
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
II. AGRICULTURE AND FOREST RESOURCES:
In determining whether impacts to agricultural
resources are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Department of Conservation as an
optional model to use in assessing impacts on
agriculture and farmland. In determining
whether impacts to forest resources, including
timberland, are significant environmental
effects, lead agencies may refer to information
compiled by the California Department of
Forestry and Fire Protection regarding the
state’s inventory of forest land, including the
Forest and Range Assessment Project and the
Forest Legacy Assessment project; and forest
carbon measurement methodology provided in
the Forest Protocols adopted by the California
Air Resources Board. Would the project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act Contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
timberland Production (as defined by
Government Code section 51104(g)?
d) Result in the loss of forestland or conversion
of forest land to non-forest use?
e) Involve other changes in the existing
environment, which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of
forestland to non-forest use?
3-12
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Environmental Setting
The City of Lindsay is primarily urbanized and surrounded by agricultural uses. The city limits contains some land that the FMMP classifies as Prime Farmland, Farmland of Statewide Importance, or Farmland of Local Importance. See Figure 3-1.
Regulatory Setting
California Land Conservation Act of 1965: The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, allows local governments to enter contracts with private landowners to restrict the activities on specific parcels of land to agricultural or open space uses. The landowners benefit from the contract by receiving greatly reduced property tax assessments. The California Land Conservation Act is overseen by the California Department of Conservation; however local governments are responsible for determining specific allowed uses and enforcing the contract.
California Farmland Mapping and Monitoring Program (FMMP): The FMMP is implemented by the California Department of Conservation (DOC) to conserve and protect agricultural lands within the State.
Land is included in this program based on soil type, annual crop yields, and other factors that influence the quality of farmland. The FMMP mapping categories for the most important statewide farmland are as follows:
• Prime Farmland has the ideal physical and chemical composition for crop production. It has been used for irrigated production in the four years prior to classification and is capable of producing sustained yields.
• Farmland of Statewide Importance has also been used for irrigated production in the four years prior to classification and is only slightly poorer quality than Prime Farmland. • Unique Farmland has been cropped in the four years prior to classification and does not meet the criteria for Prime Farmland or Farmland of Statewide Importance but has produced specific crops with high economic value.
• Farmland of Local Importance encompasses farmland that does not meet the criteria for the previous three categories. These may lack irrigation, produce major crops, be zoned as agricultural, and/or support dairy.
• Grazing Land has vegetation that is suitable for grazing livestock.
City of Lindsay General Plan Goal 3.4: Ultimate expansion of the City, as depicted by the General Plan Diagram, is to be phased to create a physical form and character which improves the ways in which the community functions and is enjoyed while avoiding the premature conversion of agricultural land to urban use.
Discussion
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less than Significant Impact: No updates included in this project involve construction or revision of land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance by the 3-13
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
California Farmland Mapping and Monitoring Program. While there is important farmland within the city limits any development or conversion of this land has been previously planned for in the General Plan and Zoning Map. Therefore, there is a less than significant impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? No Impact: The updated Municipal Code and Circulation Element do not include changes to agricultural uses and remain consistent with the existing zoning for this land use. Further, no project component has the potential to impact Williamson Act contracts or agricultural activity. There is no impact.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned timberland Production (as defined by Government Code section 51104(g)?
No Impact: There is no element of the project that has the potential to conflict with existing zoning for, or cause rezoning of “forest land,” “timberland,” or lands zoned Timberland Production.
Therefore, there is no impact.
d) Would the project result in the loss of forestland or conversion of forest land to non-forest use? No Impact: See Response 3.2(c) above. There would be no loss of forest land because of the project. e) Would the project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forestland to non-forest use?
No Impact: The project's implementation would not lead to any alterations in the environment that could cause farmland to transition into non-agricultural uses or result in the transformation of forested land into non-forest uses. There is no impact.
In conclusion, the Project will result in no impact to agriculture and forest resources. 3-14
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Figure 3-1 Important Farmland Map
3-15
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
III. AIR QUALITY
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control
district may be relied upon to make the
following determinations. Would the project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Environmental Setting
Air pollution is directly related to regional topography. Topographic features can either stimulate or restrict air movement. California is divided into regional air basins based on topographic air drainage features. The City of Lindsay is within the San Joaquin Valley Air Basin (SJVAB), which is bordered by the Sierra Nevada Mountains to the east, Coastal Ranges to the west, and the Tehachapi Mountains to the south.
The mountain ranges surrounding the SJVAB serve to restrict air movement and prevent the dispersal of pollution. As a result, the SJVAB is highly susceptible to pollution accumulation over time. As shown in the Table 3-1, the SJVAB is in nonattainment for several pollutant standards.
Pollutant Designation/Classification
Federal Standards State Standards
Ozone – One hour No Federal Standardf Nonattainment/Severe Ozone – Eight hour Nonattainment/Extremee Nonattainment PM 10 Attainmentc Nonattainment
PM 2.5 Nonattainmentd Nonattainment
Carbon Monoxide Attainment/Unclassified Attainment/Unclassified Nitrogen Dioxide Attainment/Unclassified Attainment
Sulfur Dioxide Attainment/Unclassified Attainment
Lead (Particulate) No Designation/Classification Attainment Hydrogen Sulfide No Federal Standard Unclassified
Sulfates No Federal Standard Attainment
Visibility Reducing Particles No Federal Standard Unclassified Vinyl Chloride No Federal Standard Attainment a See 40 CFR Part 81 b See CCR Title 17 Sections 60200-60210 c On September 25, 2008, EPA redesignated the San Joaquin Valley to attainment for the PM10 National Ambient Air Quality Standard (NAAQS) and approved the PM10 Maintenance Plan.
d The Valley is designated nonattainment for the 1997 PM2.5 NAAQS. EPA designated the Valley as nonattainment for the 2006 PM2.5 NAAQS on November 13, 2009 (effective December 14, 2009). 3-16
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
e Though the Valley was initially classified as serious nonattainment for the 1997 8-hour ozone standard, EPA approved Valley reclassification to extreme nonattainment in the Federal Register on May 5, 2010 (effective June 4, 2010). f Effective June 15, 2005, the U.S. Environmental Protection Agency (EPA) revoked the federal 1-hour ozone standard, including associated designations and classifications. EPA had previously classified the SJVAB as extreme nonattainment for this standard. EPA approved the 2004 Extreme Ozone Attainment Demonstration Plan on March 8, 2010 (effective April 7, 2010). Many applicable requirements for extreme 1-hour ozone nonattainment areas continue to apply to the SJVAB.
Table 3-1. San Joaquin Valley Attainment Status; Source: SJVAPCD Valley Fever: Valley Fever is an illness caused by a fungus (Coccidioides immitis and C. posadasii) that grows in soils under certain conditions. Favorable conditions for the Valley Fever fungus include low rainfall, high summer temperatures, and moderate winter temperatures. In California, the counties with the highest incident of Valley Fever are Fresno, Kern and Kings counties. When soils are disturbed by wind or activities like construction and farming, Valley Fever fungal spores can become airborne. The spores present a potential health hazard when inhaled. Individuals in occupations such as construction, agriculture, and archaeology have a higher risk of exposure due to working in areas of disturbed soils which may have the Valley Fever fungus.
Regulatory Setting
Federal Clean Air Act – The 1977 Federal Clean Air Act (CAA) authorized the establishment of the National Ambient Air Quality Standards (NAAQS) and set deadlines for their attainment. The CAA identifies specific emission reduction goals, requires both a demonstration of reasonable further progress and an attainment demonstration, and incorporates more stringent sanctions for failure to meet interim milestones. The U.S. EPA is the federal agency charged with administering the Act and other air qualityrelated legislation. EPA’s principal functions include setting NAAQS; establishing minimum national emission limits for major sources of pollution; and promulgating regulations.
California Clean Air Act – California Air Resources Board coordinates and oversees both state and federal air pollution control programs in California. As part of this responsibility, California Air Resources Board monitors existing air quality, establishes California Ambient Air Quality Standards, and limits allowable emissions from vehicular sources. Regulatory authority within established air basins is provided by air pollution control and management districts, which control stationary-source and most categories of areasource emissions and develop regional air quality plans. The project is located within the jurisdiction of the San Joaquin Valley Air Pollution Control District.
The state and federal standards for the criteria pollutants are presented in Section 8.4 of The San Joaquin Valley Unified Air Pollution Control District’s 2015 “Guidance for Assessing and Mitigating Air Quality Impacts”. These standards are designed to protect public health and welfare. The “primary” standards have been established to protect the public health. The “secondary” standards are intended to protect the nation’s welfare and account for air pollutant effects on soils, water, visibility, materials, vegetation and other aspects of general welfare. The U.S. EPA revoked the national 1-hour ozone standard on June 15, 2005, and the annual PM10 standard on September 21, 2006, when a new PM2.5 24-hour standard was established.
Pollutant Averaging
Time
California Standards1 National Standards2
Concentration3 Method4 Primary3,5 Secondary3,6 Method7
Ozone (03) 1 Hour 0.09 ppm
(180 μg/m3)
Ultraviolet
Photometry -- Ultraviolet 8 Hour Photometry
3-17
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Pollutant Averaging
Time
California Standards1 National Standards2
Concentration3 Method4 Primary3,5 Secondary3,6 Method7
8 Hour 0.070 ppm
(137 μg/m3)
0.075
ppm (147
μg/m3)
Same as
Primary
Standard
Respirable
Particulate
Matter (PM10)
24 Hour 50 μg/m
Gravimetric or Beta
Attenuation
150
μg/m3 Same as
Primary
Standard
Inertial Separation
and Gravimetric
Annual Analysis
Annual
Arithmetic
Mean
20 μg/m3 --
Fine Particulate
Matter (PM2.5)
24 Hour
Gravimetric or Beta
Attenuation
35 μg/m3
Same as
Primary
Standard
Inertial Separation
and Gravimetric
Annual Analysis
Annual
Arithmetic
Mean
12 μg/m3 15 μg/m3
Carbon
Monoxide (CO)
1 Hour 20 ppm
(23 mg/m3)
Non-Dispersive
Infrared
Photometry (NDIR)
35 ppm
(40
mg/m3)
--
Non-Dispersive
Infrared
Photometry (NDIR)
8 Hour 9.0 ppm
(10 mg/m3)
9 ppm
(10
mg/m3)
--
8 Hour
(Lake
Tahoe)
6 ppm
(7 mg/m3) -- --
Nitrogen Dioxide
(NO2) 8
1 Hour 0.18 ppm
(339 μg/m3) Gas Phase
Chemiluminescence
100 ppb
(188
μg/m3)
--
Gas Phase Annual
Chemiluminescence Arithmetic
Mean
0.030 ppm
(57 μg/m3)
53 ppb
(100
μg/m3)
Same as
Primary
Standard
Sulfur Dioxide
1 Hour 0.25 ppm
(655 μg/m3)
Ultraviolet
Fluorescence
75 ppb
(196
μg/m3)
--
Ultraviolet
Fluorescence;
Spectrophotometry
(Pararosaniline
Method)
3 Hour -- --
0.5 ppm
(1300
μg/m3)
24 Hour 0.04 ppm
(105 μg/m3)
0.14 ppm
(for
certain
areas)9
--
Annual
Arithmetic
Mean
--
0.030
ppm (for
certain
areas)9
--
Lead10,11
30 Day
Average 1.5 μg/m3
Atomic Absorption
-- --
High Volume
Sampler and
Atomic Absorption
Calendar
Quarter --
1.5 μg/m3
(for
certain
areas)11
Same as
Primary
Standard Rolling 3-
Month
Average
-- 0.15
μg/m3
3-18
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Pollutant Averaging
Time
California Standards1 National Standards2
Concentration3 Method4 Primary3,5 Secondary3,6 Method7
Visibility
Reducing
Particles12
8 Hour See footnote
12 Beta Attenuation
and Transmittance
through Filter Tape
Sulfates 24 Hour 25 μg/m3 No National Standard Ion
Chromatography
Hydrogen
Sulfide 1 Hour 0.03 ppm(42 μg/m3)
Ultraviolet
Fluorescence
Vinyl Chloride10 24 Hour 0.01 ppm
(26 μg/m3)
Gas
Chromatography
1. California standards for ozone, carbon monoxide (except 8-hour Lake Tahoe), sulfur dioxide (1 and 24 hour), nitrogen dioxide, and particulate matter (PM10, PM2.5, and visibility reducing particles), are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations.
2. National standards (other than ozone, particulate matter, and those based on annual arithmetic mean) are not to be exceeded more than once a year. The ozone standard is attained when the fourth highest 8-hour concentration measured at each site in a year, averaged over three years, is equal to or less than the standard. For PM10, the 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m3 is equal to or less than one. For PM2.5, the 24-hour standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. Contact the U.S. EPA for further clarification and current national policies.
3. Concentration expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25°C and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.
4. Any equivalent measurement method which can be shown to the satisfaction of the ARB to give equivalent results at or near the level of the air quality standard may be used.
5. National Primary Standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health.
6. National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant.
7. Reference method as described by the U.S. EPA. An “equivalent method” of measurement may be used but must have a “consistent relationship to the reference method” and must be approved by the U.S. EPA.
8. To attain the 1-hour national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 ppb. Note that the national standards are in units of parts per billion (ppb). California standards are in units of parts per million (ppm). To directly compare the national standards to the California standards the units can be converted from ppb to ppm. In this case, the national standards of 53 ppb and 100 ppb are identical to 0.053 ppm and 0.100 ppm, respectively.
9. On June 2, 2010, a new 1-hour SO2 standard was established, and the existing 24-hour and annual primary standards were revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 ppb. The 1971 SO2 national standards (24-hour and annual) remain in effect until one year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved.
Note that the 1-hour national standard is in units of parts per billion (ppb). California standards are in units of parts per million (ppm). To directly compare the 1-hour national standard to the California standard the units can be converted to ppm. In this case, the national standard of 75 ppb is identical to 0.075 ppm.
10. The ARB has identified lead and vinyl chloride as ‘toxic air contaminants’ with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants.
11. The national standard for lead was revised on October 15, 2008 to a rolling 3-month average. The 1978 lead standard (1.5 μg/m3 as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved.
12. In 1989, the ARB converted both the general statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility standard to instrumental equivalents, which are “extinction of 0.23 per kilometer” and “extinction of 0.07 per kilometer” for the statewide and Lake Tahoe Air Basin standards, respectively.
Table 3-2. Ambient Air Quality Standards; Source: SJVAPCD San Joaquin Valley Air Pollution Control District (SJVAPCD) – The SJVAPCD is responsible for enforcing air quality standards in the project area. To meet state and federal air quality objectives, the SJVAPCD adopted the following thresholds of significance for projects:
Pollutant/Precursor
Construction
Emissions
Operational Emissions
Permitted Equipment
and Activities
Non-Permitted Equipment
and Activities
Emissions (tpy) Emissions (tpy) Emissions (tpy)
CO 100 100 100
Nox 10 10 10
ROG 10 10 10
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
SOx 27 27 27
PM10 15 15 15
PM2.5 15 15 15
Table 3-3. SJVAPCD Thresholds of Significance for Criteria Pollutants; Source: SJVAPCD Discussion
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? No Impact: The City of Lindsay is located within the boundaries of the SJVAPCD meaning air pollutant emissions are regulated by the air district. The SJVAPCD is responsible for bringing air quality in Tulare County into compliance with federal and state air quality standards. The Air District has Particulate Matter (PM) plans, Ozone Plans, and Carbon Monoxide Plans that serve as the clean air plan for the basin. The proposed project will not conflict or obstruct the implementation of these air quality plans. There is no impact. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
No Impact: The SJVAPCD is responsible for bringing air quality in Tulare County into compliance with federal and state air quality standards. The significance thresholds and rules developed by the SJVAPCD are designed to prevent projects from violating air quality standards or significantly contributing to existing air quality violations. No air quality or emissions data can be calculated for this proposal as no new development will result from this project. Therefore, no element of this project will exceed thresholds established by the SJVAPCD or lead to a significant net increase of any criteria pollutant. There is no impact.
c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact: Sensitive receptors include those individuals who are sensitive to air pollution including children, the elderly, and persons with pre-existing respiratory or cardiovascular illness. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools. There is no component of the project that would permit or result in a change in land use or development that can generate substantial pollutant concentrations. There is no impact.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact: See Response 3.3(c). There is no component of the project that would generate or result in emissions. There is no impact.
In conclusion, the Project will result in no impact to air quality. 3-20
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
IV. BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on any
species identified as a candidate, sensitive, or
special status species in local or regional plans,
policies, or regulations, or by the California
Department of Fish & Game or U.S. fish and
Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through director removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Environmental Setting
The City of Lindsay is a primarily urbanized area surrounded by agricultural and vacant land uses. The topography of the area is relatively flat and there is sparse vegetation consisting predominantly of street trees and shrubs.
Regulatory Setting
Federal Endangered Species Act (FESA): defines an endangered species as “any species or subspecies that is in danger of extinction throughout all or a significant portion of its range.” A threatened species is defined as “any species or subspecies that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” 3-21
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
The Federal Migratory Bird Treaty Act (FMBTA: 16 USC 703-712): FMBTA prohibits killing, possessing, or trading in any bird species covered in one of four international conventions to which the United States is a party, except in accordance with regulations prescribed by the Secretary of the Interior. The name of the act is misleading, as it actually covers almost all birds native to the United States, even those that are non-migratory. The FMBTA encompasses whole birds, parts of birds, and bird nests and eggs. Although the United States Fish and Wildlife Service (USFWS) and its parent administration, the U.S. Department of the Interior, have traditionally interpreted the FMBTA as prohibiting incidental as well as intentional “take” of birds, a January 2018 legal opinion issued by the Department of the Interior now states that incidental take of migratory birds while engaging in otherwise lawful activities is permissible under the FMBTA. However, California Fish and Game Code makes it unlawful to take or possess any non-game bird covered by the FMBTA (Section 3513), as well as any other native non-game bird (Section 3800), even if incidental to lawful activities.
Birds of Prey (CA Fish and Game Code Section 3503.5): Birds of prey are protected in California under provisions of the Fish and Game Code (Section 3503.5), which states that it is unlawful to take, possess, or destroy any birds in the order Falconiformes (hawks and eagles) or Strigiformes (owls), as well as their nests and eggs. The bald eagle and golden eagle are afforded additional protection under the federal Bald and Golden Eagle Protection Act (16 USC 668), which makes it unlawful to kill birds or their eggs.
Clean Water Act: Section 404 of the Clean Water Act of (1972) is to maintain, restore, and enhance the physical, chemical, and biological integrity of the nation’s waters. Under Section 404 of the Clean Water Act, the US Army Corps of Engineers (USACE) regulates discharges of dredged and fill materials into “waters of the United States” (jurisdictional waters). Waters of the US including navigable waters of the United States, interstate waters, tidally influenced waters, and all other waters where the use, degradation, or destruction of the waters could affect interstate or foreign commerce, tributaries to any of these waters, and wetlands that meet any of these criteria or that are adjacent to any of these waters or their tributaries.
California Endangered Species Act (CESA): prohibits the take of any state-listed threatened and endangered species. CESA defines take as “any action or attempt to hunt, pursue, catch, capture, or kill any listed species.” If the proposed project results in a take of a listed species, a permit pursuant to Section 2080 of CESA is required from the CDFG.
Discussion
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish & Game or U.S. fish and Wildlife Service?
Less than Significant Impact: While the aim of the project is to remove limitations and enhance developmental possibilities, it is important to note that no new development is being suggested or expected due to the implementation of the project. Some project components will allow for increases in density, however, only on sites already zoned for residential or other urbanized land uses. Any development that occurs after this project will continue to follow the same precautions to preserve 3-22
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
and protect habitats, species, and biological resources. There is a less than significant impact. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Less than Significant Impact: The City of Lindsay is located approximately 5 miles west of Lewis Creek, a riparian habitat identified in the City’s General Plan. While no new development is being suggested with this project, any future development will continue to follow policies included in the Lindsay and Tulare County General Plans to ensure the protection and preservation of this riparian habitat. The Tulare County General Plan identifies the following policies as essential to protecting sensitive habitats:
LU-2.3: The County shall require that all new development requiring a County discretionary approval, including parcel and subdivision maps, be planned and designed to maintain the scenic open space character of open space resources including, but not limited to, agricultural areas, rangeland, riparian areas, etc., within the view corridors of highways. New development shall utilize natural landforms and vegetation in the least visually disruptive way possible and use design, construction and maintenance techniques that minimize the visibility of structures on hilltops, hillsides, ridgelines, steep slopes, and canyons.
ERM-1.4: The County shall protect riparian areas through habitat preservation, designation as open space or recreational land uses, bank stabilization, and development controls.
ERM-1.5: The County shall require mining reclamation plans and other management plans to include measures that protect, maintain, and restore riparian resources and habitats.
ERM-1.6: The County shall support the preservation and management of wetland and riparian plant communities for passive recreation, groundwater recharge, and wildlife habitats.
ERM-1.8: The County shall require buffer areas between development projects and significant watercourses, riparian vegetation, wetlands, and other sensitive habitats and natural communities. These buffers should be sufficient to assure the continued existence of the waterways and riparian habitat in their natural state.
While the project area is in close proximity to a riparian habitat, no components of this proposal will go against or alter the conservation policies set forth in the county’s General Plan, therefore there is a less than significant impact.
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through director removal, filling, hydrological interruption, or other means?
No Impact: See response 3.4(b). There is no development or change in land use proposed or anticipated as a result of the project that has the potential to adversely impact jurisdictional wetlands.
There is no impact.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact: This project does interfere with the movement of any native or migratory fish or wildlife species, migratory wildlife corridors, or impede the use of native wildlife nursery sites. There is no impact.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact: The project would not conflict with any local policies or ordinances protecting biological resources. There is no impact.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact: There are no known Habitat Conservation Plans or Natural Community Conservation Plans in effect within the vicinity of the City of Lindsay. There is no impact.
In conclusion, the Project will not result in any significant impacts to biological resources within or around the City of Lindsay.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
V. 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 historical resource pursuant to
Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
c) Disturb any human remains, including those
interred outside of formal cemeteries?
Environmental Setting
The City of Lindsay, CA is situated within the ancestral lands of the Yokuts people. Before European contact, the Yokuts inhabited the area around Lindsay. The traditional Yokuts territory extended across the Central Valley of California, including the lands surrounding the modern-day city. The arrival of European settlers began in the 19th century, with explorers and trappers venturing into the region. The California Gold Rush of the mid-1800s brought increased interaction between Euro-Americans and the indigenous population, leading to changes in the local landscape and way of life. The eventual establishment of Lindsay as a city was influenced by these historical dynamics. As Euro-American settlement expanded, the region underwent transformations that impacted both the environment and the indigenous communities. The City of Lindsay, CA has a unique history shaped by these interactions and changes, ultimately leading to its incorporation and development as a municipality.
Regulatory Setting
National Historic Preservation Act: The National Historic Preservation Act was adopted in 1966 to preserve historic and archeological sites in the United States. The Act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation offices (SHPO).
California Historic Register: The California Historic Register was developed as a program to identify, evaluate, register, and protect Historical Resources in California. California Historical Landmarks are sites, buildings, features, or events that are of statewide significance and have anthropological, cultural, military, political, architectural, economic, scientific, religious, experimental, or other value. In order for a resource to be designated as a historical landmark, it must meet the following criteria:
• The first, last, only, or most significant of its type in the state or within a large geographic region (Northern, Central, or Southern California).
• Associated with an individual or group having a profound influence on the history of California. • A prototype of, or an outstanding example of, a period, style, architectural movement or construction or is one of the more notable works or the best surviving work in a region of a pioneer architect, designer or master builder.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Discussion
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to in Section 15064.5?
No Impact: No developmental activities or ground disturbances are being put forth, and no aspect of the project holds the potential to negatively affect historical structures or any undiscovered historical assets that might exist within the City of Lindsay, CA. There is no impact. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
No Impact: There are no known archaeological resources located within the City, and there would be no development or ground disturbance as a result of the project. There is no impact. c) Would the project disturb any human remains, including those interred outside of formal cemeteries?
No Impact: There is no known record of Native American or early European burial sites in the City the Lindsay. Furthermore, the project does not include any aspect that could potentially have a negative impact on any undiscovered burial sites that might exist within its boundaries. There is no impact.
In conclusion, the Project will not result in any cultural resource impacts. 3-26
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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
Southern California Edison (SCE) is the primary provider of electricity services in the City of Lindsay, California. Covering a vast service area, SCE serves numerous communities and residents throughout Southern California. With a commitment to providing reliable energy, SCE delivers electricity from a diverse range of renewable and nonrenewable sources.
Regulatory Setting
California Code of Regulations, Title 20: Title 20 of the California Code of Regulations establishes standards and requirements for appliance energy efficiency. The standards apply to a broad range of appliances sold in California.
California Code of Regulations, Title 24: Title 24 of the California Code of Regulations is a broad set of standards designed to address the energy efficiency of new and altered homes and commercial buildings.
These standards regulate energy consumed for heating, cooling, ventilation, water heating, and lighting.
Title 24 requirements are enforced locally by the City of Lindsay Building Department.
California Green Building Standards Code (CALGreen): CalGreen is a mandatory green building code that sets minimum environmental standards for new buildings. It includes standards for volatile organic compound (VOC) emitting materials, water conservation, and construction waste recycling.
Discussion
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact: The project is designed to enhance developmental possibilities by increasing densities. While it is acknowledged that increased density could lead to a rise in energy consumption, Southern California Edison (SCE) is equipped to manage this anticipated increase in energy demand. The City of Lindsay remains committed to adhering to California Code of Regulations, Title 20, Title 24, and the California Green Building Standards Code. Despite the potential for heightened energy usage due to increased density, the collective efforts of SCE and the city's commitment to regulatory standards are expected to ease any significant impact on energy resources. 3-27
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
It should also be noted that no new development will result from this project that will directly increase energy consumption. Therefore, there is a less than significant impact. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact: As discussed previously, this proposal and any resulting development will be subject to compliance with energy efficiency regulations including CALGreen, Title 20 and 24, and the Lindsay General Plan. Therefore, the proposed update will not conflict with or obstruct any state or local plans for renewable energy or energy efficiency. There is no impact.
In conclusion, the Project will not result in any significant impacts to energy within the City of Lindsay. 3-28
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
VII. GEOLOGY AND SOILS
Would the project: Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Directly or indirectly cause 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 onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code (1994),
creating substantial direct and indirect 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
Geologic Stability and Seismic Activity
• Seismicity: Although there are several potentially active faults within and near Tulare County, it is considered to be at relatively low risk for seismic activity. The Tulare County Multi-Jurisdictional Hazard Mitigation Plan (2018 HMP) identifies the project site as having between a 1 and 10% probability of experiencing ground shaking in the next year or at least one chance in next 100 years. Ground shaking can result in other geological impacts, including liquefaction, landslides, lateral spreading, subsidence, or collapse.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
• Liquefaction: Liquefaction is a phenomenon whereby unconsolidated and/or near saturated soils lose cohesion and are converted to a fluid state as a result of severe vibratory motion. In the event of strong earthquake shaking, the relatively rapid loss of soil shear strength creates a temporary, fluid-like behavior of the soil. This can result in landslides and lateral spreading. No specific countywide assessment of liquefaction has been performed; however, the Tulare County MultiHazard Mitigation Plan identifies the risk of liquefaction within the county as low because the soil types are unsuitable for liquefaction.
• Landslides: Landslides refer to a wide variety of processes that result in the downward and outward movement of soil, rock, and vegetation under gravitational influence. Landslides are caused by both natural and human-induced changes in slope stability and often accompany other natural hazard events, such as floods, wildfire, or earthquake. While western portions of the County are considered to be high landslide hazard areas, the majority of the County is considered a moderate landslide hazard area. Both City and County General Plans have historically recognized that slopes exceeding 26 percent are essentially “undevelopable” and “not readily available” due to inherent instability, engineering difficulties, and costs. The 2018 HMP states that occurrence of landslide events within populated areas of Tulare County is unlikely. Majority of the City, including the proposed project site, is considered to be at low risk of landslides and mudslides because of its flat topography. The Tulare County Multi-Hazard Mitigation Plan states that minor landslides will likely continue to impact the area when heavy precipitation occurs. • Subsidence: Land Subsidence refers to the vertical sinking of land as a result of either manmade or natural underground voids. Subsidence has occurred throughout the Central Valley as a result of groundwater, oil, and gas withdrawal. Although western portions of the County show signs of deep and shallow subsidence, the majority of the County, including the proposed project site, is not considered to be at risk of subsidence related hazards.
Regulatory Setting
California Building Code: The California Building Code contains general building design and construction requirements relating to fire and life safety, structural safety, and access compliance. CBC provisions provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures and certain equipment.
Discussion
a) Would the project directly or indirectly cause 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.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Less than Significant Impact: The Alquist-Priolo Earthquake Fault Zoning Map doesn’t identify any active faults in relatively close position to Lindsay. And although the City is located in an area of relatively low seismic activity, the City could still be affected by ground shaking from nearby faults. The potential for strong seismic ground shaking on the project site is not a significant environmental concern due to the infrequent seismic activity of the area and distance to the faults. The project does not propose any components which could cause substantial adverse effects in the event of an earthquake. Additionally, the project has no potential to indirectly or directly cause the rupture of an earthquake fault. Therefore, there is a less than significant impact related to the risk of loss, injury or death involving a rupture of a known earthquake fault. ii. Strong seismic ground shaking?
Less than Significant Impact: According to the 2018 HMP, Tulare County and Lindsay are located in an area of relatively low seismic activity. The proposal does not include any activities or components which could feasibly cause strong seismic ground shaking, either directly or indirectly. There is a less than significant impact.
iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact: No specific countywide assessment of liquefaction has been performed; however, the 2018 HMP identifies the risk of liquefaction within Tulare County as low because the soil types are unsuitable for liquefaction. The area’s low potential for seismic activity would further reduce the likelihood of liquefaction occurrence. Because the City is within an area of low seismic activity, and the soils associated with the project area is not suitable for liquefaction, there are less than significant impacts.
iv. Landslides?
No Impact: The City of Lindsay is considered at low risk of small landslides. Additionally, the area is relatively flat and there are no significant hills or slopes in close proximity. No geologic landforms exist on or near the City that would result in a landslide event. As a result, there is very low potential for landslides. There would be no impact. b) Would the project result in substantial soil erosion or the loss of topsoil? No Impact: Erosion refers to the natural phenomenon in which soil is detached and carried away by wind or water, leading to its relocation. While erosion is a naturally occurring process in many environments, human activities that disrupt soil and vegetation often accelerate this process. This proposal does not involve any planned or expected development or ground disturbance that could contribute to erosion. Therefore, there is no impact.
c) Would the project 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: See Responses 3.7(a)(iii) and 3.7(a)(iv). There is no development or ground disturbance proposed or anticipated as a result of the project. There is no impact. 3-31
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact: As discussed above, there is no development proposed or anticipated as a result of the project proposal. There is no impact.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
No Impact: There is no development resulting from the proposed project, meaning it would not include the use of septic tanks or any other alternative wastewater disposal systems. Therefore, there is no impact.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less Than Significant Impact: No distinctive geological or paleontological resources have been documented within the City of Lindsay. Moreover, given historical ground disturbances, it is unlikely that any adverse effects on unrecorded paleontological resources or geological attributes will occur in the future. There is a less than significant impact.
In conclusion, the Project will not result in any significant geologic impacts. 3-32
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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
Natural processes and human activities emit greenhouse gases. The presence of GHGs in the atmosphere affects the earth’s temperature. Without the natural heat-trapping effect of GHGs, the earth’s surface would be about 34ºC cooler. However, it is believed that emissions from human activities, such as electricity production and vehicle use, have elevated the concentration of these gases in the atmosphere beyond the level of naturally occurring concentrations.
The effect of greenhouse gasses on earth’s temperature is equivalent to the way a greenhouse retains heat. Common GHGs include water vapor, carbon dioxide, methane, nitrous oxide, ozone, chlorofluorocarbons, hydro chlorofluorocarbons, and hydro fluorocarbons, per fluorocarbons, sulfur and hexafluoride. Some gases are more effective than others. The Global Warming Potential (GWP) has been calculated for each greenhouse gas to reflect how long it remains in the atmosphere, on average, and how strongly it absorbs energy. Gases with a higher GWP absorb more energy, per pound, than gases with a lower GWP, and thus contribute more to global warming. For example, one pound of methane is equivalent to twenty-one pounds of carbon dioxide.
GHGs as defined by AB 32 include the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. GHGs as defined by AB 32 are summarized in Table 3-9. Each gas's effect on climate change depends on three main factors. The first being the quantity of these gases are in the atmosphere, followed by how long they stay in the atmosphere and finally how strongly they impact global temperatures.
Greenhouse
Gas
Description and Physical
Properties Lifetime GWP Sources
Methane (CH4)
Is a flammable gas and is the main
component of natural gas 12 years 21
Emitted during the production and
transport of coal, natural gas, and
oil. Methane emissions also result
from livestock and other
agricultural practices and by the
decay of organic waste in
municipal solid waste landfills.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Greenhouse
Gas
Description and Physical
Properties Lifetime GWP Sources
Carbon dioxide
(CO2)
An odorless, colorless, natural
greenhouse gas.
30-95
years
1 Enters the atmosphere through
burning fossil fuels (coal, natural
gas and oil), solid waste, trees and
wood products, and also as a
result of certain chemical
reactions (e.g., manufacture of
cement). Carbon dioxide is
removed from the atmosphere (or
"sequestered") when it is
absorbed by plants as part of the
biological carbon cycle.
Chlorofluorocarbons
Gases formed synthetically by
replacing all hydrogen atoms in
methane or ethane with chlorine
and/or fluorine atoms. They are
non-toxic nonflammable, insoluble
and chemically unreactive in the
troposphere (the level of air at the
earth’s surface).
55-140
years
3,800
to
8,100
Were synthesized in 1928 for use
as refrigerants, aerosol
propellants, and cleaning solvents.
They destroy stratospheric ozone.
Hydrofluorocarbons
A man-made greenhouse gas. It
was developed to replace ozonedepleting gases found in a variety of appliances. Composed of a
group of greenhouse gases
containing carbon, chlorine an at
least one hydrogen atom.
14 years 140 to
11,700
Powerful greenhouse gases that
are emitted from a variety of
industrial processes. Fluorinated
gases are sometimes used as
substitutes for stratospheric
ozone-depleting substances.
These gases are typically emitted
in smaller quantities, but because
they are potent greenhouse gases.
Nitrous oxide
(N2O)
Commonly known as laughing gas,
is a chemical compound with the
formula N2O. It is an oxide of
nitrogen. At room temperature, it
is a colorless, non-flammable gas,
with a slightly sweet odor and
taste. It is used in surgery and
dentistry for its anesthetic and
analgesic effects.
120
years
310
Emitted during agricultural and
industrial activities, as well as
during combustion of fossil fuels
and solid waste.
Prefluorocarbons
Has a stable molecular structure
and only breaks down by
ultraviolet rays about 60
kilometers above Earth’s surface.
50,000
years
6,500
to
9,200
Two main sources of prefluorocarbons are primary
aluminum production and
semiconductor manufacturing.
Sulfur
hexafluoride
An inorganic, odorless, colorless,
and nontoxic nonflammable gas.
3,200
years 23,900
This gas is manmade and used for
insulation in electric power
transmission equipment, in the
magnesium industry, in
semiconductor manufacturing and
as a tracer gas.
Table 3-4. Greenhouse Gasses; Source: EPA, Intergovernmental Panel on Climate Change 3-34
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
In regard to the quantity of these gases that are in the atmosphere, we first must establish the amount of particular gas in the air, known as Concentration, or abundance, which are measured in parts per million, parts per billion and even parts per trillion. To put these measurements in more relatable terms, one part per million is equivalent to one drop of water diluted into about 13 gallons of water, roughly a full tank of gas in a compact car. Therefore, it can be assumed larger emission of greenhouse gases lead to a higher concentration in the atmosphere.
Each of the designated gases described above can reside in the atmosphere for different amounts of time, ranging from a few years to thousands of years. All these gases remain in the atmosphere long enough to become well mixed, meaning that the amount that is measured in the atmosphere is roughly the same all over the world regardless of the source of the emission.
Regulatory Setting
San Joaquin Valley Air Pollution Control District:
AB 32: AB 32 set the 2020 greenhouse gas emissions reduction goal into law. It directed the California Air Resources Board to begin developing discrete early actions to reduce greenhouse gases while also preparing a scoping plan to identify how best to reach the 2020 limit. The Scoping Plan was prepared by CARB and adopted in 2011. CARB released the 2017 Scoping Plan in November 2017. The 2017 Scoping Plan provides strategies for achieving the 2030 target established by EO B-30-15 and codified in SB 32.
The Scoping Plan recommends local plan-level GHG emissions reduction goals.
SB 1078, SB 107 and Executive Order S-14-08: SB 1078, SB 107, and Executive Order S-14-08 require California to generate 20% of its electricity from renewable energy by 2017. SB 107 then changes the 2017 deadline to 2010. Executive Order S-14-08 required that all retail sellers of electricity serve 33 percent of their load with renewable energy by 2020.
Tulare County Climate Action Plan (2018): The CAP functions as a guiding document for the County of Tulare's efforts to decrease greenhouse gas emissions and adapt to potential climate change impacts. It is a practical step of the 2030 General Plan Update's implementation. This General Plan sets the supportive structure for the County's development, aiming to minimize greenhouse gas emissions as development progresses. The CAP builds upon this General Plan by outlining more detailed actions that will be employed to achieve emission reduction objectives aligned with California's legislative measures. The terms "Climate Action Plan" and "Greenhouse Gas Reduction Plan" are frequently used interchangeably.
In this document, the County has opted to utilize the abbreviation CAP for Climate Action Plan.
Discussion
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
Less than Significant Impact: While the project is intended to facilitate development and may lead to increased densities. The project itself does not involve any planned or expected development.
Therefore, the project is not expected to bring about a significant shift in greenhouse gas emissions compared to what would naturally happen without this project, following existing growth patterns.
Moreover, while no emissions data can be calculated for this project, any future development will 3-35
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
continue to ensure project emissions are complying with regulations set forth by the SJVAPCD and Tulare County Climate Action Plan. There is a less than significant impact. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No Impact: The proposed project would not conflict with any adopted plans, policies, or regulations adopted for the purpose of reducing greenhouse gas emissions.
In conclusion, the Project will not result in any significant greenhouse gas impacts. 3-36
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 or
excessive noise 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 response
plan or emergency evacuation plan?
g) Expose people or structures, either directly or
indirectly, to significant risk of loss, injury or death involving wildland fires?
Environmental Setting
Lindsay, California, is home to the Lindsay Unified School District (LUSD), an education system known for its personalized learning approach and competency-based education. The district's emphasis on individualized learning plans ensures that students’ progress at their own pace, fostering a strong foundation of knowledge and skills. Lindsay is also serviced by the Visalia Municipal Airport (VIS), the nearest major airport to the city. This airport provides convenient access for travelers and locals alike. In recent years, Lindsay, like many areas in California, has faced challenges related to wildfire conditions.
The region has had to navigate wildfire preparedness and response strategies to safeguard its residents, schools, and communities from the potential risks posed by these natural events.
A substance is categorized as hazardous if it is listed in a hazardous materials inventory prepared by a federal, state, or local authority or if its properties match the hazardous criteria outlined by such an authority. According to Section 662601.10 of Title 22 within the California Code of Regulations (CCR), a 3-37
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
hazardous material is defined as follows: It refers to a substance or a combination of substances that, due to its volume, concentration, or physical, chemical, or infectious attributes, can either (1) lead to, or significantly contribute to, an increase in mortality or a rise in severe irreversible or temporarily incapacitating illness; or (2) present a substantial existing or potential threat to human health or the environment if mishandled, stored, transported, disposed of, or managed inappropriately.
Regulatory Setting
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S. Code [U.S.C.] §9601 et seq.). The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or the Superfund Act) authorizes the President to respond to releases or threatened releases of hazardous substances into the environment.
Occupational Safety and Health Administration. The Occupational Safety and Health Administration (OSHA) sets and enforces Occupational Safety and Health Standards to assure safe working conditions.
OSHA provides training, outreach, education, and compliance assistance to promote safe workplaces. The proposed Project would be subject to OSHA requirements during construction, operation, and maintenance.
Toxic Substances Control Act of 1976 (15 U.S.C. §2601 et seq.). The Toxic Substance Control Act was enacted by Congress in 1976 and authorizes the EPA to regulate any chemical substances determined to cause an unreasonable risk to public health or the environment.
Hazardous Waste Control Law, Title 26. The Hazardous Waste Control Law creates hazardous waste management program requirements. The law is implemented by regulations contained in Title 26 of the California Code of Regulations (CCR), which contains requirements for the following aspects of hazardous waste management:
• Identification and classification;
• Generation and transportation;
• Design and permitting of recycling, treatment, storage, and disposal facilities; • Treatment standards;
• Operation of facilities and staff training; and
• Closure of facilities and liability requirements.
California Code of Regulations, Title 22, Chapter 11. Title 22 of the California Code of Regulations contains regulations for the identification and classification of hazardous wastes. The CCR defines a waste as hazardous if it has any of the following characteristics: ignitability, corrosivity, reactivity, and/or toxicity.
California Emergency Services Act. The California Emergency Services Act created a multi-agency emergency response plan for the state of California. The Act coordinates various agencies, including CalEPA, Caltrans, the California Highway Patrol, regional water quality control boards, air quality management districts, and county disaster response offices. 3-38
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Discussion
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
No Impact: None of the project components involve the regular transportation, utilization, or disposal of hazardous materials. There is no impact.
b) Would the project 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?
No Impact: None of the project's components carry the potential to pose a substantial risk to the public or the environment due to the accidental release of hazardous materials into the surroundings.
There is no impact.
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact: The Lindsay Unified School District contains 11 schools that are located throughout the City of Lindsay. The project does not include any aspect that could lead to the generation of hazardous emissions, nor does it involve the direct or indirect handling of hazardous or acutely hazardous materials, substances, or waste. There is no impact.
d) Would the project 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 DTSC does not identify any hazardous sites within the City of Lindsay and therefore this project would not create a significant hazard to the public or environment. There is no impact. 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 or excessive noise for people residing or working in the project area? No Impact: The nearest major airport to Lindsay, California is the Visalia Municipal Airport (VIS) which is located 15 miles west of the city. Because the nearest airport is more than two miles away from the city of Lindsay there would be no safety hazards or excessive noise resulting from this project. There is no impact.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No Impact: There is nothing about the proposed project that would interfere with an adopted emergency response plan or evacuation plan. There is no impact. 3-39
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
g) Would the project expose people or structures, either directly or indirectly, to significant risk of loss, injury or death involving wildland fires?
No Impact: The City of Lindsay is primarily urbanized and does not fall within a high fire hazard severity zone. This proposal will not directly result in any development and therefore the project would not subject individuals or structures, whether directly or indirectly, to a significant risk of loss, injury, or fatality related to wildland fires. There is no impact.
In conclusion, the Project will not result in any significant hazard impacts. 3-40
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 sustainably
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?
d) In flood hazard, tsunami, or seiche zones risk the
release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater movement plan?
Environmental Setting
The City of Lindsay, California, sources its water from both surface water and groundwater. Specifically, the water supply comes from the following sources:
Friant Kern Canal (Surface Water): The city receives a portion of its water from the Friant Kern Canal, which provides surface water. This canal serves as a source of water that is essential for various purposes within the city, including domestic and municipal use, irrigation, and other community needs.
Groundwater Wells (Well No. 14 and 15): Lindsay also relies on groundwater from wells, particularly Well No. 14 and 15. These groundwater wells are utilized to augment the surface water supply during periods of high demand, such as the summer months, and when the Friant-Kern Canal is not accessible due to maintenance or repairs.
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
The City of Lindsay operates under the regulatory oversight of the Central Valley Regional Water Quality Control Board (RWQCB). This board plays a vital role in ensuring water quality, enforcing regulations, and safeguarding the city's water resources. This regulatory framework aligns with Lindsay's commitment to responsible water management and environmental preservation.
Regulatory Setting
Clean Water Act: The Clean Water Act (CWA) is enforced by the U.S. EPA and was developed in 1972 to regulate discharges of pollutants into the waters of the United States. The Act made it unlawful to discharge any pollutant from a point source into navigable waters unless a National Pollution Discharge Elimination System (NPDES) Permit is obtained.
National Flood Insurance Act: The Federal Emergency Management Agency (FEMA) is tasked with responding to, planning for, recovering from, and mitigating against disasters. The Federal Insurance and Mitigation Administration within FEMA is responsible for administering the National Flood Insurance Program (NFIP) and administering programs that aid with mitigating future damages from natural hazards.
California Water Quality Porter-Cologne Act: California’s primary statute leading water quality and water pollution concerns with respect to both surface waters and groundwater is the Porter-Cologne Water Quality Control Act of 1970 (Porter-Cologne Act). The Porter-Cologne Act grants the State Water Resource Control Board (SWRCB) and each of the nine RWQCB power to protect water quality and further develop the Clean Water Act within California. The applicable RWQCB for the proposed project is the Central Valley RWQCB.
Central Valley RWQCB: The proposed project site is within the jurisdiction of the Central Valley RWQCB.
The Central Valley RWQCB requires a NPDES Permit and SWPPP for projects disturbing more than one acre of total land area. Because the project is greater than one acre, a NPDES Permit and SWPPP will be required.
Discussion
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less than Significant Impact: This project proposal will not directly generate any new development that could potentially violate the water quality standards. This project would allow for increased densities in residential areas which could increase the demand for water. However, the implementation of appropriate measures and practices will ensure that a potential increased demand for water is managed in a manner that maintains and upholds water quality standards effectively. There is a less than significant impact.
b) Would the project substantially decrease groundwater supplies or interfere with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than Significant Impact: The City of Lindsay’s primary water source is the Friant Kern Canal, (surface water) but utilizes two groundwater wells during periods of high-water demand. As discussed above, this project will not directly result in development that could deplete groundwater supplies. 3-42
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
However, it has the potential to allow increased residential density for future projects which could increase water demand. The application of suitable measures and protocols will guarantee that any future rise in water demand is controlled in a way that effectively sustains and preserves water quality standards. There is a less than significant impact.
c) Would the project 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? No Impact: There is also no development proposed or that would occur because of the project.
Accordingly, the project would not impact the existing drainage pattern of the city or surrounding area or result in substantial erosion or siltation. There is no impact. ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
No Impact: The project does not include any elements that could lead to an increase in the rate or volume of surface runoff, nor does it carry the potential to induce flooding. There is no impact. 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? No Impact: There would be no increase in stormwater runoff because of the project. There is no impact.
iv. Impede or redirect flood flows?
No Impact: The project does not include any component or development that can impede or redirect flood flows. There is no impact.
d) Would the project, in flood hazard, tsunami, or seiche zones, risk the release of pollutants due to project inundation?
Less than Significant Impact: According to most recent FEMA flood zone maps, approximately 25% of the Lindsay Plan Area is located in a flood hazard zone. This project has no elements with the potential to release pollutants due to a flood, tsunami, or seiche. Therefore, there is a less than significant impact.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. There is no impact.
In conclusion, the Project will not result in any significant hydrology or water quality impacts. 3-43
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 City of Lindsay is a small, urbanized city surrounded by agricultural uses. Most of the city has been developed as single-family residential uses. There are some areas designated for multi-family, mixed-use, office, open space, and industrial uses. Commercial development is highly concentrated in the center of the city which makes up Lindsay’s downtown center.
Figure 3-2 Zoning Map
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Discussion
a) Would the project physically divide an established community? Less than Significant Impact: The creation of a physical divide within an established community typically occurs when new infrastructure like highways, railways, parks, or other linear features are introduced. In the Project area, the landscape is predominantly developed, featuring existing roads and parks. The Project itself does not suggest the addition of new linear features that would fragment the existing community. Therefore, the impact is less than significant. b) Would the project 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? Less than Significant Impact: The Project entails changes to the City of Lindsay's Zoning and Subdivision Ordinances, including some alterations to the city's land use plans and policies. It's important to note that these revisions are intended to align the Ordinances with State requirements, ensuring compliance. The impact would be less than significant.
In conclusion, the Project impacts related to land use will be less than significant. 3-45
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 lands use plan?
Environmental Setting
The San Joaquin Valley has been a leading producer of minerals because of the abundance and wide variety of mineral resources that are present in the Central Valley. Extracted resources include aggregate products (sand and gravel), fossil fuels (oil and coal), metals (gold, copper, mercury, and tungsten), and other minerals used in construction or industrial applications (high-grade clay, asbestos, diatomite, gypsum, granite, etc.).
There are 29 active mining claims within the County of Tulare. According to the California Department of Conservation, CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, the nearest mineral resource areas to the City of Lindsay are just south of the city and are decomposed granite mines.
Regulatory Setting
California State Surface Mining and Reclamation Act: The California State Surface Mining and Reclamation Act was adopted in 1975 to regulate surface mining to prevent adverse environmental impacts and to preserve the state’s mineral resources. The Act is enforced by the California Department of Conservation’s Division of Mine Reclamation.
Discussion
a) Would the project 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: According to the CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, the City of Lindsay is not in an area designated for mineral resource preservation or recovery. Moreover, there is no component of the project that has the potential to result in the loss of available known mineral resources of value to the region or residents of the state.
There is no impact.
b) Would the project result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other lands use plan? 3-46
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
No Impact: As stated above, the CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal does not identify any area of Lindsay to be designated as an important mineral resource recovery site. There is also no aspect of the project that could potentially impact a local general plan, specific plan, or other lands use plan. There is no impact.
In conclusion, the Project will not result in any impacts to mineral resources. 3-47
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
XIII. NOISE
Would the project result in:
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 ground-borne
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 public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
Environmental Setting
Noise is often described as unwanted sound and consists of any sound that may produce physiological or psychological damage and/or interfere with communication, work, rest, recreation, or sleep. Sound is the variation in air pressure that the human ear can detect. If the pressure variations occur at least 20 times per second, they can be detected by the human ear. The number of pressure variations per second is called the frequency of sound, and is expressed as cycles per second, called Hertz (Hz). Significant noise sources in the City of Lindsay include traffic along SR 65 and railroad operations through the city. Noise in the City of Lindsay is regulated by the General Plan Noise Element and Chapter 8.20 (Noise Control) of the Lindsay Municipal Code.
Regulatory Setting
City of Lindsay Municipal Code: The City of Lindsay Municipal Code Chapter 8.20 (Noise Control) provides noise level criteria for land use compatibility for transportation related noise sources. Table 3-10 provides the noise level standards for transportation noise sources.
District Time Sound Level Decibels
Residential 10:00 pm to 7:00 am 50
7:00 am to 10:00 pm 70
Commercial 10:00 pm to 7:00 am 60
7:00 am to 10:00 pm 70
Public Parks and City Facilities 10:00 pm to 10:00 am 60 10:00 am to 10:00 pm 85
Table 3-5 City of Lindsay Municipal Code Noise Level Standards Transportation (Non-Aircraft) Noise Sources 3-48
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Discussion
a) Would the project result in 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? No Impact: No development is suggested or anticipated due to the project. As a result, there will be no additional noise generated by the project beyond what is already projected by current growth patterns. There is no impact.
b) Would the project result in generation of excessive ground-borne vibration or groundborne noise levels?
No Impact: There is no development proposed or that would be likely to occur because of the project.
The project does not have the potential to generate ground-borne vibration or noise. There is no impact.
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 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 City of Lindsay is not within two miles of a private or public airport. The project will not expose people to excessive noise levels. There is no impact.
In conclusion, the Project will not result in any noise impacts. 3-49
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 unplanned population
growth in an area, either directly (for example,
by new homes and businesses) or directly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing elsewhere?
Environmental Setting
The United States Census Bureau reported an estimated population of 12,537 for the City of Lindsay as of July 2022. This indicates an increase from the 2010 census count, which registered the population in Lindsay at 11,768. Various factors, including job opportunities, housing availability, and the capacity of current infrastructure, contribute to the dynamics of population growth in Lindsay, California.
Regulatory Setting
CEQA Guidelines Section 15126.2(d): CEQA Guidelines requiring that a CEQA document discuss the ways in which the proposed Project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.
Discussion
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact: The project's purpose is to improve development by removing limitations, permitting higher densities, and simplifying approval procedures. However, it's important to note that there are no development plans suggested or anticipated due to the project's implementation. Consequently, the project would not lead to a significant rise in population beyond the projected growth patterns. Furthermore, the city's existing infrastructure is designed to accommodate a larger population than its current level. There is a less than significant impact. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less than Significant Impact: The proposed housing-related Zoning Code changes are primarily regulatory, not involving new development or environmental alterations leading to unexpected population growth. While no specific development plans exist, future residential construction in the 3-50
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Project Area would adhere to the Zoning Code, ensuring planned growth with access to existing utilities. Any utility extensions would only create new connections to current infrastructure, avoiding unplanned development and population surges. This growth would remain within the City's limits and be supported by existing infrastructure. There is a less than significant impact.
In conclusion, the Project will not result in any significant population and housing impacts. 3-51
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 serve ratios, response times
of other performance objectives for any of the
public services:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks?
e. Other public facilities?
Environmental Setting
Fire: Fire protection services for the City of Lindsay and its surrounding areas are efficiently managed by the Lindsay Fire Department. This department, located at 185 N Gale Hill Ave, ensures comprehensive fire suppression and emergency response coverage. Lindsay Fire Department handles fire incidents, hazardous materials situations, and other critical events, prioritizing the safety of both residents and property.
Police: Law enforcement services are provided by the Lindsay Police Department, stationed at 185 N Gale Hill Ave. Responsibilities encompass neighborhood patrols, emergency responses, and investigative work.
Schools: Lindsay, California, is home to the Lindsay Unified School District (LUSD), containing 11 different schools. It is an education system known for its personalized learning approach and competency-based education. The district's emphasis on individualized learning plans ensures that students’ progress at their own pace, fostering a strong foundation of knowledge and skills.
Discussion
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 serve ratios, response times of other performance objectives for any of the public services:
a. Fire protection?
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City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
Less than Significant Impact: The project's purpose is to improve development by removing limitations, permitting higher densities, and simplifying approval procedures. However, it's important to note that there are no development plans suggested or anticipated due to the project's implementation. Future development that would be influenced by this proposal will still need to ensure that fire services are adequate to provide for projected growth before approval or implementation of the given project. There is a less than significant impact. b. Police protection?
Less than Significant Impact: See response 3.15(a). The project would have little to no impact on the provision of police protection services. There is a less than significant impact. c. Schools?
Less than Significant Impact: See response 3.15(a). The project's purpose is to ease constraints and promote residential development. However, it's important to note that the project will not lead to new housing creation or a significant rise in students that necessitates new or modified school facilities. There is a less than significant impact. d. Parks?
Less than Significant Impact: While this project doesn't immediately introduce new developments, it does incorporate elements that could enable higher residential densities. This, in turn, may lead to an increased use of parks and recreational facilities. It's important to note, however, that any subsequent development following this project would strictly adhere to the Zoning Code and General Plan, ensuring that growth is well-planned and carefully managed. There is a less than significant impact.
e. Other public facilities?
Less than Significant Impact: See response 3.15(a). The project would not have a substantial impact on any other government services or facilities. There is a less than significant impact.
In conclusion, the Project will not result in any significant impacts to public services. 3-53
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
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 has a few well-maintained parks, including the 6.2-acre Olive Ball Park and the central Lindsay City Park, covering 7.5 acres. These parks offer green spaces, playgrounds, and picnic areas for families and friends to utilize. Additionally, Lindsay's public schools provide various sports facilities and playgrounds for both students and the broader community to partake in active recreations. There is also an array of outdoor activities located near the city, such as Sequoia National Park located 30 miles east of Lindsay.
Discussion
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?
Less than Significant Impact: While this project doesn’t involve new construction, it does incorporate elements that could facilitate higher residential densities. Such an increase in housing might lead to an increase in the use of parks and recreational facilities. However, it's important to note that any subsequent development following this project would strictly adhere to the Zoning Code and General Plan, guaranteeing that growth is meticulously planned and accommodated for. There is a less than significant impact.
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: See Response 3.16(a). There is a less than significant impact.
In conclusion, the Project will not result in any parks and recreation impacts. 3-54
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
XVII. TRANSPORTATION
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) Conflict or be inconsistent with the CEQA
guidelines Section 15064.3, Subdivision (b)?
d) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
e) Result in inadequate emergency access?
Environmental Setting
State Route 65 (SR 65) serves as the main route leading into the City of Lindsay, bordering the city's western boundary. Tulare Road and Hermosa Street stand out as the major thoroughfares, connecting with SR 65. Although Lindsay itself doesn't operate its own public transportation system, residents and visitors benefit from the convenience of Tulare County's regional bus service that passes through Lindsay.
The Visalia Municipal Airport stands as the nearest public airport, located approximately 15 miles to the northwest.
Regulatory Setting
CEQA Guidelines Section 15064.3, Subdivision (b): Criteria for Analyzing Transportation Impacts (1) Land Use Projects. Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be considered to have a less than significant transportation impact.
(2) Transportation Projects. Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, a lead agency may tier from that analysis as provided in Section 15152. (3) Qualitative Analysis. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project’s vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the 3-55
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate.
(4) Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.
Discussion
a) Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less than Significant Impact: One of the components of the project is an update to the Circulation Element in the City of Lindsays General Plan. However, it is important to note the updates to this element consisted of adding visual to provide clear design guidelines, removing ambiguity, and ensuring development standards aligned with the city’s Design Guidelines and Public Improvement Standards. These updates would not conflict with any program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. There is a less than significant impact.
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b)?
Less than Significant Impact: While this project doesn't involve new construction, it does include elements that could facilitate higher residential densities. This potential increase in housing may impact vehicle miles traveled, both during construction and for ongoing operations. However, it's essential to highlight that any subsequent development resulting from this project will rigorously adhere to the Zoning Code and General Plan, guaranteeing that growth is carefully planned and appropriately accommodated for. There is a less than significant impact. c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact: The project does not propose any incompatible uses or include any design features that could increase traffic hazards. There is no impact.
d) Would the project result in inadequate emergency access? No Impact The project would not impair emergency access to or from the City of Lindsay. There is no impact.
In conclusion, the Project will not result in any significant transportation impacts. 3-56
City of Lindsay Municipal Code and Circulation Element Update Initial Study/Negative Declaration April 2024
XVIII. TRIBAL CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Would the project 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 Public
Resource Code Section 5024.1, the lead agency
shall consider the significance of the resource to
a California Native American tribe.
Environmental Setting
Lindsay, CA, is situated on the ancestral lands of the Yokuts people, who inhabited the area long before European contact. Their traditional territory extended across California's Central Valley, including the lands now occupied by the city. In the 19th century, European settlers began to arrive, with explorers and trappers exploring the region. The California Gold Rush in the mid-1800s intensified interactions between Euro-Americans and the indigenous population, resulting in alterations to the local landscape and way of life. Lindsay's eventual establishment as a city was influenced by these historical dynamics. As EuroAmerican settlement expanded, the region underwent changes that affected both the environment and indigenous communities.
While the Yokuts were the predominant indigenous group, there may have been other smaller tribes or bands who also inhabited the area or passed through it due to seasonal migrations and trade networks.
The history of Native American tribes in this region is rich and diverse, with various groups having occupied these lands for thousands of years before European contact.
Regulatory Setting
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Historical Resources: Historical resources are defined by CEQA as resources that are listed in or eligible for the California Register of Historical Resources, resources that are listed in a local historical resource register, or resources that are otherwise determined to be historical under California Public Resources Code Section 21084.1 or California Code of Regulations Section 15064.5. Under these definitions Historical Resources can include archaeological resources, Tribal cultural resources, and Paleontological Resources.
Archaeological Resources: As stated above, archaeological resources may be considered historical resources. If they do not meet the qualifications under the California Public Resources Code 21084.1 or California Code of Regulations Section 15064.5, they are instead determined to be “unique” as defined by the CEQA Statute Section 21083.2. A unique archaeological resource is an artifact, object, or site that: (1) contains information (for which there is a demonstrable public interest) needed to answer important scientific research questions; (2) has a special and particular quality, such as being the oldest of its type or the best available example of its type; or (3) is directly associated with a scientifically recognized important prehistoric or historic event or person.
Tribal Cultural Resource (TCR): Tribal Cultural Resources can include site features, places, cultural landscapes, sacred places, or objects, which are of cultural value to a Tribe. It is either listed on or eligible for the CA Historic Register or a local historic register or determined by the lead agency to be treated as TCR.
Paleontological Resources: For the purposes of this section, “paleontological resources” refers to the fossilized plant and animal remains of prehistoric species. Paleontological Resources are a limited scientific and educational resource and are valued for the information they yield about the history of the earth and its ecology. Fossilized remains, such as bones, teeth, shells, and leaves, are found in geologic deposits (i.e., rock formations). Paleontological resources generally include the geologic formations and localities in which the fossils are collected.
Native American Reserve (NAR): This designation recognizes tribal trust and reservation lands managed by a Native American Tribe under the United States Department of the Interior’s Bureau of Indian Affairs over which the County has no land use jurisdiction. The County encourages adoption of tribal management plans for these areas that consider compatibility and impacts upon adjacent area facilities and plans.
National Historic Preservation Act: The National Historic Preservation Act was adopted in 1966 to preserve historic and archeological sites in the United States. The Act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation offices.
California Historic Register: The California Historic Register was developed as a program to identify, evaluate, register, and protect Historical Resources in California. California Historical Landmarks are sites, buildings, features, or events that are of statewide significance and have anthropological, cultural, military, political, architectural, economic, scientific, religious, experimental, or other value. In order for a resource to be designated as a historical landmark, it must meet the following criteria:
• The first, last, only, or most significant of its type in the state or within a large geographic region (Northern, Central, or Southern California).
• Associated with an individual or group having a profound influence on the history of California. 3-58
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• A prototype of, or an outstanding example of, a period, style, architectural movement or construction or is one of the more notable works or the best surviving work in a region of a pioneer architect, designer or master builder.
Discussion
a) Would the project 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 No Impact: There would be no impact related to any resources listed in the California Register of Historical Resources.
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 Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
No Impact: There would be no impact related to any resources found in Public Resources Code Section 5024.1.
Due to the policy-nature of the project, it is speculative to assess specific project impacts related to cultural resources. The project will result in generalized impacts related to urban development and circulation, as stated in the Negative Declaration, although the Project will not result in any direct and significant impacts to tribal cultural resources.
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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 stormwater
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relation 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?
Environmental Setting
Wastewater: Sewer treatment is managed by Lindsay’s Department of City Services. The City of Lindsay doesn’t own or operate a wastewater treatment facility that serves the people of Lindsay. The nearest wastewater treatment plant is in the City of Farmersville.
Solid Waste: Mid Valley Disposal provides the following solid waste services to the City of Lindsay:
collection of residential and commercial solid waste, recyclables, and green waste throughout the community at least once a week; disposes of solid waste; provides and maintains containers; responds to customer complaints/concerns and provides roll‐off and bin services to residential, multi‐family and commercial customers.
Water: The City of Lindsay’s Department of City Services provides potable water to most of the City.
Lindsay’s primary source of potable water is the Friant Kern Canal. This canal serves as a source of water that is essential for various purposes within the city, including domestic and municipal use, irrigation, and other community needs. Lindsay also relies on groundwater from wells, particularly Well No. 14 and 15.
These groundwater wells are utilized to augment the surface water supply during periods of high demand, 3-61
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such as the summer months, and when the Friant-Kern Canal is not accessible due to maintenance or repairs.
Stormwater: The City of Lindsay’s Department of City Services manages stormwater utilities in Lindsay.
Natural Gas and Electricity: Southern California Edison is the electric service provider for the City of Lindsay while The Gas Company provides natural gas to the area.
Telecommunications: Accordingly, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand.
Regulatory Setting
CalRecycle: California Code of Regulations, Title 14, Natural Resources – Division 7 contains all current CalRecycle regulations regarding nonhazardous waste management in the state. These regulations include standards for the handling of solid waste, standards for the handling of compostable materials, design standards for disposal facilities, and disposal standards for specific types of waste.
Central Valley RWQCB: The Central Valley RWQCB requires a SWPPP for projects disturbing more than one acre of total land area. Because the project is greater than one acre, a SWPPP to manage stormwater generated during project construction will be required.
The Central Valley RWQCB regulates Wastewater Discharges to Land by establishing thresholds for discharged pollutants and implementing monitoring programs to evaluate program compliance. This program regulates approximately 1500 dischargers in the region.
The Central Valley RWQCB is also responsible for implementing the federal program, the NPDES. The NPDES Program is the federal permitting program that regulates discharges of pollutants to surface waters of the U.S. Under this program, a NPDES permit is required to discharge pollutants into Water’s of the U.S.
There are 350 permitted facilities within the Central Valley Region.
Discussion
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relation of which could cause significant environmental effects? Less Than Significant Impact: The project is intended to facilitate development and permits increased residential densities within the City. While higher densities would increase the demand of utility services, no new development would result from this project. Therefore, the project is not expected to bring about a significant shift in utility service demands compared to what would naturally happen without this project, following existing growth patterns. The impact is less than significant. b) Would the project 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 project is not expected to result in a significant increase in water demand compared to what is already projected based on current growth trends. The City of Lindsay 3-62
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currently has access to sufficient water supplies that can accommodate the projected growth of the city. There is a less than significant impact.
c) Would the project 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: Since there are no development plans proposed or expected as a result of the project, it is unlikely to lead to a significant increase in wastewater beyond what is already anticipated based on current growth trends. The project is not expected to result in a substantial increase in wastewater generation.
d) Would the project 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: With no development proposed or anticipated as a result of the project, the project would not generate a substantial increase in solid waste beyond what is anticipated under current growth trends. The impact is less than significant. e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No Impact: The City of Lindsay will continue to comply with all state and federal statutes regarding solid waste. Therefore, the proposed project would have no impact on solid waste regulations.
In conclusion, the Project will not result in any significant impacts to utilities and service system. 3-63
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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
Lindsay is classified as having a low to moderate threat to fire hazards, which can be attributed to it being a primarily urbanized area. As a result of this lower threat level, the regulatory requirements and burdens on the City concerning fire hazard mitigation are relatively light compared to areas with higher fire risks.
The City of Lindsay’s Safety Element contains city goals, objectives and policies regarding wildfire prevention and protection.
Regulatory Setting
Fire hazard severity zones: geographical areas designated pursuant to California Public Resources Codes Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189.
Discussion
a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact: The project is designed to support development and allow for higher densities, but it's important to note that there are no specific development plans proposed or expected as a direct result of the project. Consequently, there is no aspect of the project that is likely 3-64
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to interfere with or hinder an established emergency response plan or emergency evacuation plan.
The impact is less than significant.
b) Due to slope, prevailing winds, and other factors, would the project exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less than Significant Impact: The project is not anticipated to contribute to an increased risk of wildfires or expose a significantly larger population to elevated wildfire risk compared to the situation without the project. There are no proposed developments associated with the project, and therefore, there is no indication that the project would introduce significant changes that would elevate the wildfire risk in the area. There is a less than significant impact. c) Would the project 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? Less than Significant Impact: See Response 3.20(a). The project would not generate the need for installation or maintenance of additional infrastructure, and it does not have the potential to result in improvements that would exacerbate fire risk or result in temporary or ongoing impacts to the environment. There is a less than significant impact.
d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire instability, or drainage changes? No Impact: No component of this project has the potential to expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, postfire instability, or drainage changes than what would occur without the project under current growth trends. There is no impact.
In conclusion, the Project will not result in any significant wildfire impacts. 3-65
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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
substantially 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, substantially 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?
Discussion
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 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: The Proposed Project aims to support housing development in Lindsay without providing specific development designs or entitlements. Future developments under these amendments will align with existing residential and commercial zoning regulations, either permitted by right or through an approved use permit and site development permit, as per the City's Zoning Code and General Plan. Numerous potential scenarios and outcomes may arise due to these amendments, potentially impacting the environment based on factors like location and intensity.
However, the exact details, including location, size, and timing of such developments, remain uncertain. Each future development will undergo a project-level evaluation to ensure compliance with land use policies and standards, along with Building Permit requirements for safety. Additional environmental and discretionary reviews may also be necessary. There is a less than significant impact.
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City of Lindsay
150 N Mirage Ave
Lindsay, CA 93247
SECTION 4
List of Preparers
Project Title: City of Lindsay Municipal Code and Circulation Element Update List of Preparers
4-Creeks Inc.
• David Duda, AICP, GISP
• Molly Baumeister, AICP
• Ellie Krantz, Associate Planner
• Jared Dunning, Planning Intern
Persons and Agencies Consulted
The following individuals and agencies contributed to this Initial Study/Negative Declaration:
City of Lindsay
• Araceli Mejia, Assistant Planner