Agenda packet — Visalia City Council, June 20, 2022 (part 3 of 3)

662

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
VEHICLE 1 Transport Van Large
Freightliner Transport Van: Black & White
transport van, wheeled vehicle. gray, reflective
Agency Name markings and red/blue lights.

Equipped with a siren. Can hold a driver and 10
passengers.

Dually, five-speed automatic transmission, diesel
engine-powered personnel and equipment carrier.

Range 120 miles;
No ballistic capabilities.

To provide for the safe transport of
agency personnel and equipment in
high-risk incidents.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$180,000 initial
cost
$5,000 annual
maintenance
VPD Policy 405 10 yrs.

ROBOTICS 1 Bomb Robot
The Remotec ANDROS F6A is a heavy-duty robot.

Its stair climbing ability, an arm capable of lifting
65lbs. The F6A also offers multiple
communications options, a chassis and manipulator
that allow for accessories and tool combinations,
and quick-release pneumatic wheels for rapid width
reduction.

Only assigned operators who have
completed the required training
shall be permitted to operate the
robots. Use is established by the
Bomb Squad Commander and or
Incident Commander.

Use is established by the Bomb
Squad Commander and or Incident
Commander.

All robot operators
must complete the
FBI's 6-week
hazardous device
school prior to
operating the robot.
$250,000 initial
cost
Annual
maintenance and
battery replacement
cost is
approximately
$5,000.

VPD Policy 410,
806
Tulare County
Consolidated Bomb
Squad Operating
Procedures
Expired

Page 2 of 37 ends

663

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
ROBOTICS 6 Unmanned Aircraft System (UAS)
1 4
1 Omnidirectional drones that capture complex
footage using the latest in camera technology.

DJI / Mavic Pro - 25 min flight time and a single-
color camera with recording capabilities.

DJI / Mavic 2 Zoom - 30 min flight time and a
single-color camera with recording capabilities.

DJI / Mavic Enterprise - 30 min flight time and has
a color and inferred camera as well as audible
speaker and light with recording capabilities.

Deployed to assist officers and/or
incident commanders with
situations such as: major collision
investigations, missing persons,
natural disaster management, crime
scene photography, SWAT, tactical
or other public safety and life
preservation missions, and in
response to specific requests from
local, state or federal fire
authorities for fire response and or
prevention.

UAS operators are
licensed by the
Federal Aviation
Administration
(FAA) for UAS
operation. In
addition, each
operator must attend
monthly trainings.

DJI / Mavic Pro -
$1,400 initial cost;
$100 annual
maintenance.

DJI / Mavic 2
Zoom - $1,900
initial cost; $100
annual
maintenance.

DJI / Mavic
Enterprise - $2,700
initial cost; $100
annual
maintenance.

VPD Policy 606
FAA Regulation 14
CFR Part 107
DJI /
Mavic Pro
-1 year
DJI /
Mavic 2
Zoom - 2
years
DJI /
Mavic
Enterprise
- 3 years
ROBOTICS 1 Robot (Avatar)
2012 RoboteX Avatar II robot with rubber,
articulable tracked arms. 2 cameras and
communication capabilities. Remotely controlled.

The Avatar® II is a compact, lightweight robotic
platform that is part of the RoboteX Avatar®
Series. Designed from the ground up for portability,
expandability, and ease-of-use, the Avatar® II
serves as a useful tool for a variety of users.

Remotely controlled, battery life approx. 45
minutes
Allows SWAT operators to
remotely and safely clear location
of potentially violent suspects
without exposing human operators
to danger.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$12,500 initial cost
$100 annual
maintenance cost
VPD Policy 405 10 years

Page 3 of 37 ends

664

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
ROBOTICS 1 Robot (Scout)
Recon Scout is a rubber wheeled throwable
reconnaissance robot.

Recon Scout XT, a small throwable reconnaissance
robot designed and manufactured by
ReconRobotics for use in law enforcement and
military applications.
15-20 minutes run time
Allows SWAT operators to
remotely and safely clear location
of potentially violent suspects
without exposing human operators
to danger.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$7,500 initial cost VPD Policy 405 10 years
ROBOTICS 1 Robot (Transcend))
Transcend's Vantage Robot is a rubber tracked
remotely controlled robot equipped with cameras.

It's the world’s only double-patented automatic
stair and obstacle climbing robot for First
Responders.
45-60 minutes runtime
Allows SWAT operators to
remotely and safely clear location
of potentially violent suspects
without exposing human operators
to danger.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$25,500 initial cost;
maintenance cost
variable
VPD Policy 405 10 years

Page 4 of 37 ends

665

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
RIFLES
103
29 8
15 15
Colt AR15
H&K 416
H&K MP5
Eagle Arms
Sig Sauer MCX
(Defined under 30510
& 30515)
The department issued rifle assigned to sworn
personnel/SWAT is a light weight, shoulder
mounted weapon platform capable of firing a .223 /

5.56 round. The rifle is a semi-automatic
(automatic for SWAT) weapon platform capable of
firing one round with each trigger press or pull.

The rifle is designed to be more accurate than a
handgun at both close and further distances.

Additionally, the department issues a shoulder
mounted weapon platform capable of firing a 9mm
round.

Thirty round magazines are issued with each rifle.

Range 0-200 yards
The purpose of the department
issued rifle is to provide officers
with superior firepower and
accuracy.

Patrol Rifle utilization compliance
is conducted by shift supervisor
assigned to incident in which the
patrol rifle is deployed.

SWAT Rifle utilization compliance
is conducted by SWAT Team
Leader and SWAT Commander
assigned to incident in which the
SWAT rifle is deployed. (As
applicable)
Training compliance is maintained
by the Visalia Police Department
Range Staff and the SWAT Team
Commander.

Instructors are
required to attend a
P.O.S.T. certified
rifle course.

Operators are
required to attend
our 16 hour
P.O.S.T. certified
Rifle Course. The
course covers
several topics
including but not
limited to policy,
maintenance of
weapon platform,
and weapon
manipulations.

Operators are also
required to attend an
80-hour P.O.S.T.
certified Basic
SWAT Course. (as
applicable)
Colt AR15:
$1,203.37 Annual
Maintenance Cost:
$100
H&K 416:
$3,900.00 Annual
Maintenance Cost:
$100
H&K MP5: $1,800
per rifle Annual
Maintenance Cost:
$100
Sig Sauer MCX:
$1,850.00 Annual
Maintenance Cost:
$100
Eagle Arms:
$749.00 Annual
Maintenance Cost:
$100
VPD Policy 306,
405
10 yrs.

Page 5 of 37 ends

666

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
RIFLES 5
2 SIG Sauer SSG3000
Heckler & Koch MR762A1
SSG3000: The department issued precision rifle is
a shoulder fired bolt action rifle capable of firing a
.308 caliber round. One round is fired with each
trigger pull and the bolt must be cycled in order to
fire another round. The rifle is equipped with a
3x14 power scope and 5 round detachable
magazine.

MR762A1: Is a department issued shoulder fired
semi-automatic precision rifle capable of firing a
.308 caliber round. One round is fired with each
trigger pull. This weapon is equipped with a 20
round magazine.

Range 0-900 yards
The department issued precision
rifle is capable of providing long
range precision fire.

Precision Rifle utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the precision rifle is
deployed.

Operators are
required to attend a
P.O.S.T. approved
40-hour Basic
Sniper School
SSG3000:
$2,500 initial cost
$100 annual
maintenance cost
H&K MR762A1:
$4,343 initial cost
$100 annual
maintenance cost
VPD Policy 306,
405
10 years

Page 6 of 37 ends

667

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 2 Launcher (40mm single shot)
LMT Defense 40mm launcher that fires standard
40mm less lethal ammunition.

Manufactured exclusively for Defense
Technology®, the 40LMTS is a tactical single shot
launcher that features an expandable ROGERS
Super Stoc and will fire standard 40mm less lethal
ammunition, up to 4.8 inches in cartridge length.

Launch 40mm less lethal round up to 131 feet.

The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-
target areas, and practical
application.

Instructors attend a
P.O.S.T. certified
Less Lethal
Training Course.

Operators are
trained by certified
instructors in topics
including the 40mm
launcher, shotgun
less lethal launcher,
pepperball launcher,
munition
characteristics,
target and non-
target areas, and
practical
application.
$1,000 initial cost VPD Policy 303,
405
10 yrs.

Page 7 of 37 ends

668

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 2 Launcher (40mm multi-launcher)
1 1
Penn Arms P540-1 – Pump Multi-Launcher
A 40mm pump-action advance magazine drum
launcher with a fixed stock and combo rail. It has
a six-shot capacity and rifled barrel. Features
include: Double-action trigger, trigger lock push
button and hammer lock safeties. See specification
sheet for more details.

Defense Technology® 1440 40mm Tactical 4-Shot
Launcher
A low-profile and lightweight design, providing
multi-shot capability in an easy to carry launcher. It
features the Rogers Super Stoc™ expandable gun
stock, an adjustable Picatinny mounted front grip,
and a unique direct-drive system.

Launch 40mm less lethal round up to 131 feet.

Instructors attend a
P.O.S.T. certified
Less Lethal
Training Course.

Page 8 of 37 ends

669

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 41 Launcher (Bean Bag Shotgun)
(Remington 870)
The less lethal shotgun launcher is a standard
shotgun capable of firing standard lethal shotgun
rounds. Because of this, precautions have been
made to ensure lethal rounds are not fired from a
shotgun intended for less lethal munitions. No
operator will be assigned a lethal and non-lethal
shotgun. Only less lethal munitions will be given
to an operator assigned a less lethal shotgun. The
less lethal shotgun will be outfitted with color
markings, i.e. orange, designating it as a less lethal
shotgun launcher.
.

Effective Range 20-75 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors attend a
P.O.S.T. certified
Less Lethal
Training Course.

Remington 870:
$600.00 Annual
Maintenance Cost:
$35
VPD Policy 303,
405
10 years

Page 9 of 37 ends

670

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 2 Breaching Shotgun
(Remington 870)
The Visalia Police Department utilizes a modified
Remington 870 12-gauge shotgun equipped with a
breaching barrel and breaching rounds to open
locked doors at target locations.

Open locked doors through a
directed breaching round at close
range. Use is authorized through
the SWAT Team Leader and
SWAT Commander.

Breaching utilization compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the Breaching
Shotgun is deployed.

Agency-authored
orientation course;
annual refresher.
$800 initial cost;
annual maintenance
cost: $50
VPD Policy 405 10 years
LESS-LETHAL 1 Chemical Agent Shotgun
The Visalia Police Department utilizes a modified
Remington 870 12-gauge shotgun equipped with a
CTS TACTICAL LC5 Launching Cup. The LC5
Launching Cups are designed for use with the 5200
series canister grenades.

Launch Diversionary Device / Chemical Munitions
up to 25 yards
Launch Diversionary Device /
Chemical Munitions up to 25 yards
when use of those devices is
authorized.

Visalia Police Department SWAT
Team Commander.

Chemical agent utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the Chemical Agent Shotgun
is deployed.

Agency-authored
orientation course;
annual refresher.
$164 initial cost,
must be replaced
when worn
VPD Policy 303,
405
10 years

Page 10 of 37 ends

671

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

AMMUNITION
31,000 rounds
3,000 rounds
14,000 rounds
3,000 rounds
2,500 rounds
1,000 rounds
Rifle Ammunition
Winchester 55 grain fmj
Black Hills 68 grain Heavy Match HP
Winchester 55 grain soft point
Hornady 9mm Luger+P 135 grain
Hornady 5.56 NATO 62 grain TAP
Hornady .223 Remington 55 grain FMJ
The Visalia Police utilizes .223/5.56/9 mm caliber
rifle ammunition
Winchester USA ammunition was developed to
provide excellent performance at an affordable
price for the high volume shooter. Featuring high
quality Winchester components, this ammunition
delivers outstanding reliability. This ammunition is
loaded with a full metal jacket bullet which is
known for its positive functioning and exceptional
accuracy. On impact this bullet does not expand
and is ideal for target shooting. This ammunition is
new production, non-corrosive, in reloadable brass
cases.

Hornady® - Arm yourself with ammunition that
has been specially designed for tactical situations,
from a legendary company that understands bullet
design and ballistic physics better than anyone else
in the world.

Operational range 0-200 yards
Patrol Rifle ammunition is
approved for use in training and on
patrol for situations which would
necessitate the use of the
department approved patrol rifle.

Training compliance is maintained
by the Visalia Police Department
Range Staff.

Patrol Rifle utilization compliance
is conducted by shift supervisor
assigned to incident in which the
patrol rifle is deployed.

SWAT Rifle ammunition is
approved for use in training and on
SWAT/patrol for situations which
would necessitate the use of the
department approved SWAT rifle.
(as applicable)
Training compliance is maintained
by the Visalia Police Department
Range Staff and the Visalia Police
Department SWAT Team
Commander.

Instructors are
required to attend a
P.O.S.T. certified
Rifle course.

Operators are
required to attend
our 16 hour
P.O.S.T. certified
Rifle Course.

Operators are also
required to attend an
80-hour P.O.S.T.
certified Basic
SWAT Course.

Winchester 55
grain FMJ: $357
per 1,000 count
Black Hills 68
grain HP: N/A, no
longer being
ordered
Winchester 55
grain soft point:
568 per 1,000 count
Hornady 9mm
Luger+P 135 grain-
No longer
Purchasing
Hornady 5.56
NATO 62 grain
TAP- No Longer
Purchasing
Hornady .223
Remington 55 grain
FMJ- No longer
Purchasing
VPD Policy 306,
405
N/A
SWAT Rifle utilization compliance
is conducted by SWAT Team
Leader and SWAT Commander
assigned to incident in which the
SWAT rifle is deployed.

Page 11 of 37 ends

672

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
AMMUNITION 1,000 rounds
400 rounds
Rifle Ammunition
Hornady .308 WIN 168 grain ELD M TAP
Hornady .308 WIN 165 grain GMX TAP BAR
ELD TAP: Hornady® 308 WIN TAP 168 gr.

ELD® MATCH TAP PRECISION® ammunition
was designed as an improvement on the 168 gr. A-
MAX TAP PRECISION® load by incorporating
the new ELD® Match bullet. The 168 gr. ELD®
Match bullet with Heat Shield® tip delivers the
excellent terminal performance TAP Precision® is
known for, but features a resilient, heat resistant
polymer tip that improves the ballistic coefficient,
resulting in higher impact velocities, less drop, less
wind drift, and more energy on target.

GMX TAP: TAP® Heavy Barrier turns cover into
concealment. The 165 gr. GMX® TAP® Heavy
Barrier is constructed of a monolithic material and
has a double-cannelured design. The GMX® bullet
penetrates heavy barriers such as 1” laminated
glass with exceptional weight retention while still
delivering superior terminal performance on the
other side.

Range 0-900 yards
The department issued precision
rifle is capable of providing long
range precision fire.

Visalia Police Department SWAT
Team Commander.

Precision Rifle utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the precision rifle is
deployed.

Operators are
required to attend a
P.O.S.T. approved
40-hour Basic
Sniper School.

Hornady 168 grain
ELD Tap: $20 per
box of 20 rounds
Hornady 165 grain
GMX Barrier:
$29.50 per box of
20 rounds
VPD Policy 306,
405
N/A

Page 12 of 37 ends

673

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
50 rounds
10 rounds
20 rounds
Breaching Shotgun Munitions
Royal Arms Tesar #2 Black Cap
Royal Arms HP Cutter Purple Cap
Royal Arms Flash Bang Red Cap
12- gauge shotgun cartridges used for breaching.

Black Cap: Defeats: Heavy Locks, Dead-bolts and
Hinges (Solid Oak – Steel Doors.

Purple Cap: Use: Cuts re-bar, penetrates security
glass, car doors, punches into engine blocks.

Red Cap: Use: Diversionary / Disorientation /
Breaching / Crowd Control.

Open locked doors through a directed breaching
round at close range.

Open locked doors through a
directed breaching round at close
range. Use is authorized through
the Visalia Police Department
SWAT Team Commander or
SWAT Team Leader.

Breaching utilization compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the Breaching
Shotgun is deployed.

Agency-authored
orientation course;
annual refresher.

Royal Arms Tesar
#2 Black Cap: $25
per box of 5
Royal Arms HP
Cutter Purple Cap:
$30 per box of 5
Royal Arms Flash
Bang Red Cap: $25
per box of 5
VPD Policy 306,
405
N/A

Page 13 of 37 ends

674

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 22 Chemical Agent (Hand Deployed)
Defense-Tec Spede-Heat CS
The Spede-Heat™ CS Grenade is a high volume,
continuous burn it expels its payload in
approximately 20-40 seconds. The payload is
discharged through four gas ports on top of the
canister, three on the side and one on the bottom.

The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed, and
the subject remains in a barricaded
position.

SWAT Deployment.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

MFF Deployment.

Chemical agent compliance is
conducted by MFF Commander and
MFF Team Leaders assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$26.92 each VPD Policy 303,
405
5 years

Page 14 of 37 ends

675

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 4 Chemical Agent (Hand Deployed)
Defense-Tec CS Flameless Tri-Chamber
The design of the Tri-Chamber Flameless CS
Grenade allows the contents to burn within an
internal can and disperse the agent safely with
reduced risk of fire. The grenade is designed
primarily for indoor tactical situations to detect
and/or dislodge a barricaded subject. This grenade
will deliver approximately .70 oz. of agent during
its 20-25 seconds burn time. The Tri-Chamber
Flameless Grenade can be used in crowd control as
well as tactical deployment situations by Law
Enforcement and Corrections but was designed
with the barricade situation in mind. Its
applications in tactical situations are primarily to
detect and/or dislodge barricaded subjects. The
purpose of the Tri-Chamber Flameless Grenade is
to minimize the risks to all parties through pain
compliance, temporary discomfort, and/or
incapacitation of potentially violent or dangerous
subjects. The Tri-Chamber Flameless Grenade
provides the option of delivering a pyrotechnic
chemical device indoors, maximizing the
chemicals’ effectiveness via heat and vaporization,
while minimizing or negating the chance of fire to
the structure.

Hand Deployed
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed, and
the subject remains in a barricaded
position.

SWAT Deployment.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 15 of 37 ends

676

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 13 Chemical Agent (Hand Deployed)
Defense-Tec Pocket Tactical CS Grenade
.

The Pocket Tactical CS Grenade is small, and
lightweight. The 0.9 oz. of active agent will burn
approximately 20-40 seconds. At 4.75 in. by 1.4
inches in size, it easily fits in most tactical pouches.

This is a launchable grenade; however, it is
normally used as a signaling or covering device.

Though this device is slightly over four inches in
length, it produces a smoke cloud so fast it appears
to be an enveloping screen produced by a full size
tactical grenade.

Hand Deployed
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed, and
the subject remains in a barricaded
position.

SWAT Deployment.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 16 of 37 ends

677

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 4 Chemical Agent (Hand Deployed)
Defense-Tec OC Vapor Aerosol
The Defense Technology® OC Vapor Aerosol
Grenade is for law enforcement and corrections use
to deliver a high concentration of Oleoresin
Capsicum (OC) in a powerful mist. The grenade is
designed for indoor use in confined areas and, once
deployed, inflames the mucous membranes and
exposed skin resulting in an intense burning
sensation. The incapacitating effect of the OC
Vapor on the subject is dramatic yet requires
minimal decontamination. Removing the subject
from the affected area to fresh air will resolve
respiratory effects within minutes. The OC Vapor
Aerosol Grenade is ideal for cell extractions or
barricade situations where the use of pyrotechnic,
powder or liquid devices is not practical or desired.

Hand Deployed
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed, and
the subject remains in a barricaded
position.

SWAT Deployment.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 17 of 37 ends

678

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 4
2 Chemical Agent (Pepperball)
Pepperball Tippman Launcher
Pepperball FTC Launcher
The Pepperball Launcher and munitions are
considered a non-lethal chemical agent delivery
system using high pressure air. The munitions
combine chemical agent exposure with kinetic
impact and pain. The chemical agent in the
munitions is Pepperball Pava. Pava is one of six
capsaicinoids found in pepper plants. Pava is non-
flammable and found in Tabasco sauce, spice packs
and cooking oils.

FTC is a high-capacity, semi-automatic launcher
that is perfect for crowd management and mobile
field force operations. Reliable and accurate, it
features a hopper that can hold up to 180 rounds
and a flexible air source configuration.

Effective Range 0-100 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option. This system allows
the possibility of non-lethal
resolution with or without impact to
the individual.

Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course and/or Pepperball instructor
Training Course. Operators must be
trained by a certified instructor in
topics including Pepperball
Launchers, munition or projectile
characteristics, target and non-
target areas, decontamination, and
practical application.

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course
and/or Pepperball
Instructor Training
Course. Operators
must be trained by a
certified instructor
in topics including
Pepperball
Launchers,
munition or
projectile
characteristics,
target and non-
target areas,
decontamination,
and practical
application.

Pepperball FTC
Launcher-----$600
Annual
Maintenance Cost:
$35
Pepperball
Tippman Launcher-
-
---$600
Annual
maintenance cost:
$35
VPD Policy 303,
405
N/A

Page 18 of 37 ends

679

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 4 Chemical Agents (OC Spray)
FIRST DEFENSE® .7% MK-9S HV VAPOR OC

AEROSOL
The MK-9S features an easy to use trigger handle,
is intended for use in crowd management and will
deliver 8-10 short bursts of OC at an effective
range of 10-15 ft. This .7% MC OC aerosol product
utilizes a vapor delivery method providing a high
concentration of OC in a powerful mist inflaming
the mucous membranes and exposed skin. Onset is
immediate and very intense, resulting in an intense
burning sensation that evaporates quickly when
exposed to fresh air.

Non-flammable / Electronic Discharge Weapon
(EDW) safe
25-30 feet
High volume OC spray can be used
to control vicious animals at a
greater distance. It also has
applications for crowd control
during riot/violent disturbances.

Compliance with policy and
procedure is reviewed by the direct
supervisor at the time of the
incident and is further reviewed by
the Use of Force Review Board.

All officers utilizing
OC spray receive
training in
deployment and
effects of Oleoresin
Capsicum during
Basic Police
Academy.
$46.95 Per Unit VPD Policy 303,
405
5 years

Page 19 of 37 ends

680

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 10
Chemical Agent Projectile
(Defense-Tec Muzzle Blast
40 MM Round (OC))
The 40 mm Muzzle Blast OC Round is widely used
as a crowd management tool for the immediate and
close deployment of chemical agent. It can also be
employed in tactical operations such as barricaded
subjects for area denial, area contamination, and a
means of contaminating crawl spaces and attics. As
a pain compliance round it is an excellent device
for deploying chemical-laden OC powder at close
ranges for indoor or outdoor operations.
30 Feet
The use of chemical agents is meant
to induce a voluntary surrender or
dispersal without the need for direct
contact. Chemical agent is
introduced when all other means of
negotiation and voluntary
compliance have failed.

Visalia Police Department MFF
Commander. Chemical agents
compliance is conducted by MFF
Commander and MFF Team
Leaders assigned to incident in
which the chemical agent is
deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 20 of 37 ends

681

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 10
Chemical Agent Projectile
(Defense-Tec Muzzle Blast
40 MM Round (CS))
The 40 mm Muzzle Blast CS Round is widely used
as a crowd management tool for the immediate and
close deployment. It can also be employed in
tactical operations such as barricaded subjects,
room clearing, area denial, and for small space
contamination, and a means of contaminating crawl
spaces and attics. As a pain compliance round it is
an excellent device for deploying chemical-laden
CS powder at close ranges for indoor or outdoor
operations. The cloud of agent is very effective in
filling holes in dispersals lines or engaging crowds
at close distances.
30 Feet
The use of chemical agents is meant
to induce a voluntary surrender or
dispersal without the need for direct
contact. Chemical agent is
introduced when all other means of
negotiation and voluntary
compliance have failed
Visalia Police Department MFF
Commander. Chemical agent
compliance is conducted by MFF
Commander and MFF Team
Leaders assigned to incident in
which the chemical agent is
deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 21 of 37 ends

682

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 2
2 Chemical Agent Projectile
Defense-Tec 40mm Ferret OC Liquid
Defense-Tec 40mm Ferret OC Powder
Liquid: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle.

Powder: The Ferret® 40 mm Barricade Penetrating
Round is filled with an OC powder chemical agent.

It is a frangible projectile that is spin stabilized
utilizing barrel rifling. It is non-burning and
designed to penetrate barriers. Primarily used to
dislodge barricaded subjects, it can also be used for
area denial. Primarily used by tactical teams, it is
designed to penetrate barriers, such as windows,
hollow core doors, wallboard and thin plywood.

Upon impact the nose ruptures and instantaneously
delivers the agent payload inside a structure or
vehicle.
50-200 yards
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed and
the subject remains in a barricaded
position.

Visalia Police Department SWAT
Team Commander.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

VPD SWAT
Manual
5 years

Page 22 of 37 ends

683

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
8 9
Chemical Agent Projectile
Defense-Tec 40mm Ferret OC Powder Barricade
Defense-Tec 40mm Ferret OC Liquid Barricade
Powder: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemPowder: The Ferret® 40 mm Barricade
Penetrating Round is filled with an OC powder
chemical agent. It is non-burning and designed to
penetrate barriers. Primarily used to dislodge
barricaded subjects, it can also be used for area
denial. Primarily used by tactical teams, it is
designed to penetrate barriers, such as windows,
hollow core doors, wallboard and thin plywood.

Upon impact the nose ruptures and instantaneously
delivers the agent payload inside a structure or
vehicle.

The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed and
the subject remains in a barricaded
position.

Visalia Police Department SWAT
Team Commander.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

40mm Ferret OC
Powder: $18.88
each
VPD Policy 303,
405
5 years
Liquid: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle.

In a tactical deployment situation, the 40mm Ferret
is primarily used to dislodge barricaded subjects
from confined areas. Its purpose is to minimize the
risks to all parties through pain compliance,
temporary discomfort and/or incapacitation of
potentially violent or dangerous subjects
5-54 yards

Page 23 of 37 ends

684

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
8 9
Chemical Agent Projectile
Defense-Tec 40mm Ferret CS Powder- Barricade
Defense-Tec 40mm Ferret CS Liquid- Barricade
Powder: The Ferret® 40 mm Barricade Penetrating
Round is filled with a CS powder chemical agent.

It is non-burning and designed to penetrate barriers.

Primarily used to dislodge barricaded subjects, it
can also be used for area denial. Primarily used by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impact the nose ruptures and
instantaneously delivers the agent payload inside a
structure or vehicle.

Liquid: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle.In
a tactical deployment situation, the 40mm Ferret is
primarily used to dislodge barricaded subjects from
confined areas. Its purpose is to minimize the risks
to all parties through pain compliance, temporary
discomfort and/or incapacitation of potentially
violent or dangerous subjects
5-54 yards
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed and
the subject remains in a barricaded
position.

Visalia Police Department SWAT
Team Commander.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 24 of 37 ends

685

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 7
Chemical Agent Projectile
Defense-Tec 40mm Ferret CS- Liquid
The Ferret® 40mm Round is non-burning and
suitable for indoor use. Used primarily by tactical
teams, it is designed to penetrate barriers, such as
windows, hollow core doors, wallboard and thin
plywood. Upon impacting the barrier, the nose cone
ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle
50-200 yards
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed and
the subject remains in a barricaded
position
Visalia Police Department SWAT
Team Commander.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed
Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 25 of 37 ends

686

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 13
Chemical Agent
(Shotgun Deployed)
CTS Baffled Canister
Def-Tec 12-gauge round
CTS 12-gauge launching cartridge
Pyrotechnic grenade designed for indoor use
delivering a maximum amount of irritant smoke
throughout multiple rooms with minimal risk of
fire.

Deployed with a launching-cup equipped shotgun
using a launching cartridge.

Def-Tec 12-gauge round used to launch
chemical/flash bang munitions.

CTS 12-gauge launching cartridge
Def-Tec: The 1210 12-Gauge Muzzle Bang /
Launching Cartridge incorporates an opaque shell
and utilizes black powder as the propellant. It has
the ability to be used alone as a Muzzle Bang for
crowd management or for propelling grenades
when using the 1370 Launching Cup.

CTS: Along with their line of canister grenades,
CTS also produces a full line of launching cups and
cartridges. The LC5 & LC6 launching cups are
designed for the 52 & 62 series grenades
respectively. The cups can be attached to virtually
any 12ga shotgun, and the munitions launched with
our Model 2600 and 3600 launching cartridge.

Launches up to 25 yards
Range: 25 yards
The use of chemical agents is meant
to induce the occupant of a
structure or vehicle to surrender to
law enforcement personnel without
the need for direct contact.

Chemical agent is introduced when
all other means of negotiation and
voluntary surrender have failed and
the subject remains in a barricaded
position.

Launch Flash Bang/ Chemical
Munitions up to 25 yards when use
of those devices is authorized.

Visalia Police Department SWAT
Team Commander.

Chemical agent utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the Chemical Agent Shotgun
is deployed.

Visalia Police Department SWAT
Team Commander.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Page 26 of 37 ends

687

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION Pepperball Ammunition
Live: 1500
Live X: 905
Inert: 1540
Glass Shattering:
130
“Live”
Red / White • PAVA Payload • 0.5% Chemical
Agent • Used for direct impact and area saturation •
0-60 feet (0-18 meters) direct impact/150+ feet
(45+ meters) area saturation • Operation
temperature range -30F to 150F (-34C to 65C)
“Live X”
Red / Black • Concentrated version of Live
projectile used in high-intensity/MFF/Crowd
Control • 5% Chemical Agent • Used for direct
impact and area saturation • 0-60 feet (0-18 meters)
direct impact/150+ feet (45+ meters area saturation
• Operation temperature range -30F to 150F (-34C
to 65C)
“Inert”
White / Purple • Used for direct impact and
training/qualification • 0-60 feet (0-18 meters)
direct impact/150+ feet (45+ meters) area
saturation • Operation temperature range -30F to
150F (-34C to 65C) • Scented powder allows
ventilation testing
“Glass Shattering”
Break side glass of vehicles and residential • 0-30
feet (0-9 meters) direct impact • Works in all
temperatures NOT FOR USE ON HUMANS
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option. This system allows
the possibility of non-lethal
resolution with or without impact to
the individual.

Training compliance is maintained
by the Visalia Police Department
Range Staff.

Utilization compliance is conducted
by incident supervisor and the Use
of Force Review Board. .

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course
and/or Pepperball
instructor Training
Course. Operators
must be trained by a
certified instructor
in topics including
Pepperball
Launchers,
munition or
projectile
characteristics,
target and non-
target areas,
decontamination,
and practical
application.

Live: $853 per 375
count
Live-X: $1123 per
375 count
Inert: $300 per 375
count
Glass Shattering:
$245 per 100 count
VPD Policy 303 Live: 3
years
Live X: 3
years
Inert: N/A
Glass
Shattering
: N/A

Page 27 of 37 ends

688

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
Live--Pepperball Live Projectiles are perfect for
direct impact or crowd control situations.

Constructed with 100% waterproof, ultrasonically
welded shell seams.

Live X-- Our most potent and powerful
concentration of PAVA pepper powder. At 5%
PAVA, a LIVE-X™ round contains double the
amount of PAVA chemical agent of a regular
Pepperball® LIVE SD™ round. PAVA is based on
one of the hottest of the six capsaicinoids found in
pepper plants. Pepperball products contain only
safe, pure, non-oil based PAVA and are non-
flammable. Ingredient consistency ensures each
projectile operates with quality and effectiveness.

Inert-- Containing a harmless, scented powder, this
projectile is best suited for practice or direct impact when chemical exposure is not desired.

Glass Shattering-- Used to break side glass of
vehicles and residential glass windows.

Page 28 of 37 ends

689

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
1 1
Chemical Agents (OC Spray)
MK-21- High Volume Oleoresin Capsicum (OC)
MK-46- Stream Oleoresin Capsicum (OC) Aerosol
MK-21- Defense Technologies family of high
volume stream, fog and foam aerosol projectors,
available in OC, CN, CS and OC/CS, OC/CN
blends offer the first line of solutions for the
management of crowds. These large canisters are
extremely portable, but dispense the volume of
agent needed for effective crowd contamination.

MK-46- The MK-46 features a trigger handle, is
intended for use in crowd management and will
deliver 26 short bursts of OC at an effective range
of 25-30 ft. This 1.3% MC OC aerosol product
utilizes a stream delivery method providing a target
-
specific, strong concentrated stream for greater
standoff. Non-flammable / Electronic Discharge
Weapon (EDW) safe
25-30 feet
High volume OC spray can be used
to control vicious animals at a
greater distance. It also has
applications for crowd control
during riot/violent disturbances.

Compliance with policy and
procedure is reviewed by the direct
supervisor at the time of the
incident and is further reviewed by
the Use of Force Review Board.

All officers utilizing
OC spray receive
training in
deployment and
effects of Oleoresin
Capsicum during
Basic Police
Academy.

MK-21: $100
MK-46: $135
VPD Policy 303,
405
5 years

Page 29 of 37 ends

690

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
577 Less Lethal Bean Bag Ammunition
12-gauge Drag Stabilized Bean Bag Round
The munition carried by members of the Visalia
Police Department is a Defense Technology 12-
Gauge Drag Stabilized Bean Bag Round. The 12-
Gauge shell is loaded with a 40 gram, tear shaped
bag made from a cotton/ballistic blend and filled
with #9 shot.

The effective range of this munition is 20-75 feet.

The Drag Stabilized™ 12-Gauge Round is a
translucent 12-Gauge shell loaded with a 40-Gram
tear shaped bag made from a cotton and ballistic
material blend and filled with #9 shot. This design
utilizes four stabilizing tails and utilizes smokeless
powder as the propellant. The 12-Gauge Drag
Stabilized Round has secured its place as the Law
Enforcement Communities’ number one choice for
specialty impact munitions. This round has a
velocity of 270 fps.

The effective range of this munition is 20-75 feet.

Training compliance is maintained
by the Visalia Police Department
Range Staff.

Bean Bag Shotgun utilization
compliance is conducted by shift
supervisor assigned to incident in
which the Bean Bag shotgun is
deployed and the Use of Force
Review Board.

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.

Operators must be
trained by a
certified instructor
in topics including
the shotgun less
lethal launcher,
munition
characteristics,
target and non-
target areas, and
practical
application.
$1,952 per 400
count;
VPD Policy 303 5 years

Page 30 of 37 ends

691

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
66 Direct Impact Less Lethal
Defense-Tec 40mm Direct Impact Sponge Round
A less lethal 40mm lightweight plastic and foam
projectile fired from a single or multi-round
purpose built 40mm grenade launcher with a rifled
barrel at 325 FPS. The 30-gram foam projectile
delivers 120 ft/lbs. of energy on impact. The 40mm
Exact Impact Sponge Round provides accurate and
effective performance when fired from the
approved distance of not less than five (5) feet and
as far as 131 feet from the target.
5-131 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.

Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.

Page 31 of 37 ends

692

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
38 Direct Impact Less Lethal
Defense-Tec 40mm Exact Impact Sponge Round
Ext Range
The eXact iMpact™ 40 mm Sponge Round is a
point-of-aim, point-of-impact direct-fire round.

This lightweight, high-speed projectile consisting
of a plastic body and sponge nose that is spin
stabilized via the incorporated rifling collar and the
40 mm launcher’s rifled barrel. The round utilizes
smokeless powder as the propellant, and, therefore,
have velocities that are extremely consistent. Used
for Crowd Control, Patrol, and Tactical
Applications
33-230 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.

Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.

Page 32 of 37 ends

693

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION 5
Direct Impact Less Lethal
Defense -Tec 40mm Inert Direct Impact
The 40mm Direct Impact® munition is a point-of-
aim, point-of-impact direct-fire round. An excellent
solution whether you need to incapacitate a single
subject or control a crowd. The black nosed inert
munition is a great option for training.
5-131 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.

Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.

Page 33 of 37 ends

694

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
6 16
Direct Impact Chemical Agent
Defense-Tec 40mm Direct Impact CS
Defense-Tec 40mm Direct Impact CS Ext.

The 40mm Direct Impact® munition is a point-of-
aim, point-of-impact direct-fire round. An excellent
solution whether you need to incapacitate a single
subject or control a crowd. When loaded with CS
powder, the Direct Impact combines blunt trauma
with the effects of an irritant powder, maximizing
the potential for incapacitation.
5-131 feet
33-230 feet Ext.

Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.

Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.

Page 34 of 37 ends

695

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL

AMMUNITION
6 6
Less Lethal Indirect Impact Rounds
Defense-Tec 40mm 32-caliber Stinger
Defense-Tec 40mm 60-caliber Stinger
The Stinger® 40 mm 60-Caliber Round is most
widely used as a crowd management tool by Law
Enforcement and Corrections. The round contains
approximately eighteen 60-Caliber rubber balls. It
utilizes smokeless powder as the propellant and has
more consistent velocities and tighter patterns
compared to its 37 mm counterpart. It is suitable
for administering a means of pain compliance over
a greater distance than its 32-Caliber Stinger®
counterpart.
15-30 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.

Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.

Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.

60- caliber Stinger:
$28.40 each
VPD Policy 303,
405
5 years

Page 35 of 37 ends

696

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

LESS-LETHAL
AMMUNITION Chemical Agents (Smoke Only)
7 6
5 Defense-Tec: Saf-Smoke Grenade (white)- smoke
is used as concealment for officer/citizen down
rescues. It can also be utilized with Chemical
Agent (CS,OC) to multiply the effects.

Defense-Tec: Pocket Tactical Grenade Smoke-
smoke is used as concealment for officer/citizen
down rescues. It can also be utilized with Chemical
Agent (CS,OC) to multiply the effects.

CTS: Smoke (white)- smoke is used as
concealment for officer/citizen down rescues. It can
also be utilized with Chemical Agent (CS,OC) to
multiply the effects.

Def-Tec Saf-Smoke- The Saf-Smoke™ Grenade
was designed for training, but may also be used in
operations. The Saf-Smoke formulation is
considered to be less toxic than Hexachloroethane
(HC) smoke. The Saf-Smoke Grenade emits a very
white smoke.

Def-Tec Pocket Tactical Smoke- The Pocket
Tactical CS Grenade is small, and lightweight. The

0.9 oz. of active agent will burn approximately 20-
40 seconds. This is a launchable grenade; however
it is normally used as a signaling or covering
device.

The purpose of white smoke is to
aid Law Enforcement in concealing
movements through an open area
when conducting officer/citizen
rescues.

Visalia Police Department SWAT
Team Commander.

Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.

Chemical Agent
Instructors attend a
P.O.S.T. certified
40-hour course.

Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.

Saf-Smoke: $26.63
each
Pocket Tactical
Smoke: $22.95
each
CTS White Smoke:
$32.25 each
VPD Policy 303,
405
5 years
CTS White Smoke- Pyrotechnic smoke grenade
used for concealment or as a signaling device.

Hand deployed

Page 36 of 37 ends

697

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN

DIVERSION
DEVICE Light / Sound Diversionary Device
10 Defense Technology Diversionary Device
The diversoinary device can be hand deployed or
by using a pole designed to hold the device securely
so that the device can be deployed in elecated
locations or where hand deployment would not be
desirable.

The Low Roll® Distraction Device® is a
reloadable gun steel body with hex design. This
newest version of the first reusable non-bursting
canisters limits movement and rolling once
deployed. The diameter of the hex design body is

2.0 in., 5.0 cm. overall length is 5.0 in., 12.7 cm.

The Low Roll bodies’ ergonomic features
complement its powerful output of light, sound and
twelve top port configuration which results in an
even distribution of gases from the opposing ends
of the canister. The distinctive shape and
capabilities are tools for dynamic entries for police,
corrections, and military tactical teams worldwide.

Hand Deployed / Deployed with Diversion Device
pole
The light/sound Diversionary
Device emits a bright light and
accompanying loud sound to
temporarily distract/disorient a
dangerous individual.

The use of light/sound diversionary
devices are utilized in a tactical
situation in which a temporary
distraction or disorientation of the
individual is advantageous to safely
taking the individual into custody
or completing a high-risk entry into
a structure or room.

The use of diversionary devices is
limited to SWAT Team Leaders
through approval from the SWAT
Commander for planned operations.

Emergency deployment is at the
discretion of the SWAT Team
Leader.

Each SWAT Team
member receives
training and
certification on the
use, deployment,
and considerations
of the use of
diversionary devices
at Basic SWAT
school. Instructors
must attend a POST
approved
Diversionary Device
Instructor School
consisting of 16
hours of specialized
training.
$33.23 each SWAT Manual 5 years

Page 37 of 37 ends

698
Policy
708
Visalia Police Department
Visalia PD Policy Manual
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
699
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the policy of the Visalia Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.2.1 PURPOSE AND USE
Included with this Policy as Attachment "A" is a full report of each type of equipment that meets the definition of military equipment; the quantity in the department's possession; the capabilities of the equipment; the expected lifespan; the manufacturer's description; the purpose and authorized uses of the equipment; the legal and procedural rules that apply to its use; the required training before use by a member of the department; and the compliance mechanisms related to the equipment.
708.3 EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the equipment coordinator. The responsibilities of the equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all equipment that meets the definition of military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Visalia Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 708.4 MILITARY EQUIPMENT INVENTORY.pdf
700
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 3 708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 701
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 4 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
702
ORDINANCE NO. 2022-09

AN ORDINANCE ADOPTING A MILITARY

EQUIPMENT USE POLICY

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA

Section 1: The City Council hereby finds the following:

A. On September 30, 202 1, California Assembly Bill 481 , relat ing to the use of military equipment by law enforcement agencies in the State of California, was signed into law.

B. Assembly Bill 481, codified in Government Code sections 7070 -7015, requires law enforcement agencies to obtain approval by ordinance from the applicable governing body of a “military equipment” (as that term is defined in Government Code section 7070) policy, during a regular meeting prior to taking specified actions relating to the funding, acquisition, or use of the defined types of military equipment.

C. The Visalia Police Department has prepared Policy 708 - Military Equipment, to meet these new state law requirements. A copy of Policy 708 , including the applicable equipment inventory, is attached hereto and made a part hereof by reference as Exhibit “A”.

D. The military equipment policy must be approved by the governing body by ordinance and reviewed annually thereafter.

E. Policy 708 describes the military equipment utilized by the Visalia Police Department , equipment quantity, capabilities, expected lifespan, and includes product descriptions from the equipment manufacturer.

F. Policy 708 describes t he purposes and authorized uses for which the Visalia Police Department proposes to use each type of described military equipment.

G. Policy 708 describes the fiscal impact for the military equipment, including the initial cost s of obtaining the equipment and estimated annual costs of maintaining the equipment.

H. Policy 708 describes t he legal and proced ural rules that govern authorized use of the equipment.

I. Policy 708 describes t he training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed befo re Visalia Police Department employees are allowed to use each specific type of military equipment.

J. Policy 708 includes mechanisms to ensure compliance.

K. Policy 708 includes procedures by which members of the public may register compla ints, concerns, or submit questions about the use of each specific type of military equipment and 703
how the Visalia Police Department will ensure that each complaint, concern, or question will receive a response in a timely manner.

L. The military equipment inventoried and presented by the Visalia Police Department is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety.

M. Policy 708 will safeguard the public welfare, safety, civil rights, and civil liberties.

N. The military equipment described in Policy 708 is reasonably cost effective compared to available alternatives.

O. Prior military equipment use by the Visalia Police Department complies with the proposed policy and if prior uses did not comply with the proposed policy, then corrective actions have been taken to remedy nonconforming uses and ensure compliance.

P. The Visalia Police Department has submitted the proposed policy for review and has made the documents available on t he City of Visalia website for at least thirty (30) days prior to the adoption of this ordinance approving the proposed policy.

Q. Policy 708 was c onsidered as an agenda item in open session of a reg ularly scheduled meeting of the Visalia City Council , which was noticed in advance in accordance with applicable open meeting laws.

R. The process to authorize and approve this ordin ance was commenced pri or to May 1, 2022.

Section 2: Policy 708 shall be made publicly available on the City of Vis alia website for as long as the military equipment contained in the inventory is in use.

Section 3: The Visalia Police Department shall submit an annual milit ary equipment report to the City Counci l and this report shal l contain all the information required in Gov ernment Code section 7072 and the City Council shall review and vote on whether to renew approval of the military equipment policy during a regularly scheduled meeting.

Section 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any r eason held to be invalid or unenforceable, such invalidity or unenforceability shall not impact the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its applicat ion to any other person or circumstan ce. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, pa ragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sent ences, clauses or phrases hereof be declared invalid or unenforceable.

704
Section 5: This Ordinance shall take effect thirty days after its adoption.

PASSED AND ADOPTED:

___________________________________
MAYOR

ATTEST: APPROVED BY CITY ATTORNEY:

______________________________ ____________________________________

CITY CLERK
705
Assembly Bill (AB) 481

VISALIA POLICE DEPARTMENT
June 20, 2022, City Council Session
706
Agenda Item
AB 481 – Military Equipment Funding, Acquisition, & Use Policy Introduce and conduct the Second reading of Ordinance No. 2022-09 adopting a proposed Visalia Police Department Military Equipment Policy 708 per California Assembly Bill (AB) 481.
2 707
Description & Purpose
AB 481 – Military Equipment Funding, Acquisition, & Use Policy • Law enforcement agencies seeking the continued use of military equipment shall publish a military equipment policy and have it approved by the governing body (Mayor and City Council), through an ordinance adopting a military equipment use policy.
• AB 481 also requires the City Council’s approval of an annual report that summarizes the use of military equipment, complaints received, audits, costs, and other information published by the Department.  Hold a community engagement meeting wit hin 30 days of submitting, presenting, and publicly releasing the annual military equipment report. 3 708
Surplus “Military Equipment”
DOD 1033 Program
The Visalia Police Department does not have, nor does it utilize, any equipment procured from the United States Department of Defense through the Law Enforcement Support Offi ce (also known as the 1028 or 1033 program).
4 709
“Military Equipment” Categories
The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories. • Equipment Category 1 - Unmanned, remotely piloted, powered aerial or ground vehicles.
• Equipment Category 2 - Mine-resistant ambush-protected vehicles or armored personnel carriers.
• Equipment Category 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton tr ucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Equipment Category 4 - Tracked armored vehicles that provide ballistic protection to their occupants.
• Equipment Category 5 - Command and contro l vehicles that are either built or modified to facilitate the operational cont rol and direction of public safety units. 5 710
“Military Equipment” Categories
The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories. • Equipment Category 6 - Weaponized aircraft , vessels, or vehicles of any kind. • Equipment Category 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature.
• Equipment Category 8 - Firearms and ammuniti on of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. • Equipment Category 9 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identifi ed as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns. • Equipment Category 10 - Any firearm or fire arm accessory that is designed to launch explosive projectiles.
6 711
“Military Equipment” Categories
The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories. • Equipment Category 11 - Noise-flash diversionary devices and explosive breaching tools.
• Equipment Category 12 - Munitions containi ng tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Equipment Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.
• Equipment Category 14 - Kinetic energy weapons and munitions. • Equipment Category 15 - Any other equipment as determined by a governing body or a state agency to require additional oversight.
7 712
Location of VPD Published
Inventory
AB 481 – Military Equipment Inventory List
Visalia Police Department Policy 708 which includes a Military Equipment Inventory List was published on the City of Visalia website on April 7, 2022, at least (30) days prio r to the adoption of this ordinance approving the proposed policy.
https://www.visalia.city/depts/police/public _records_act/mandated_disclosures.asp Policy 708 shall be made publicly available on the City of Visalia website for as long as the military equipment co ntained in the inventory is in use. 8 713
Questions/Concerns/Complaints Form
Form #481 – Available on the City of Visalia website.
9 714
Timeline
Important Dates & Future Actions
• September 30, 2021: CA AB 481, relating to the use of military equipment by law enforcement agencies in the State of California, was signed into law. • April 7, 2022: Documents pertaining AB 481 have been made available on the City of Visalia website.
• May 16, 2022: First reading of the prop osed Ordinance adopting a proposed Visalia Police Department Military Equipment Policy 708 per CA AB 481. • June 20, 2022: Second reading and adopti on for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy 708.
10 715
Recommended Motion
What is Council required to act on tonight?
Introduce and conduct the second reading of Ordinance No. 2022-09 an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy 708 per California Assembly Bill (AB) 481. 11 716
Questions?

VISALIA POLICE DEPARTMENT
June 20, 2022, City Council Session
Thank You.
717
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0214 Agenda Date: 6/20/2022 Agenda #: 7.

Agenda Item Wording:

Public Hearing and consideration of the following actions related to the project site located on the southeast corner of East Cherry Avenue and South Lovers Lane (APN: 127-030-018):

1. Certification of Initial Study / Negative Declaration No. 2021-49 for Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map No. 5585, and Tentative Parcel Map No. 2022-01 (Resolution No. 2022-38 required); and

2. Initiation of Proceedings for Annexation No. 2021-03 a request by Quest Equity, LLC to annex a 32.35-acre parcel into the City Limits of Visalia; and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and

4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2022-35 required)
Deadline for Action: 6/6/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Rafael Garcia, Senior Planner, 713-4443, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, 713-4025 [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council initiate Annexation proceedings for the subject parcel by taking the following actions:

1. Certify Initial Study / Negative Declaration No. 2021-49 for Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map (TSM) No. 5585, and Tentative Parcel Map (TPM) No. 2022- 01; and

2. Initiate proceedings on Annexation No. 2021-03 with the Tulare County Local Agency Formation Commission (LAFCO); and

3. Authorize the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and

4. Authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.

If approved by the City Council, staff will file the Annexation application with LAFCO.

Visalia City Council Printed on 6/17/2022Page 1 of 6
powered by Legistar™
718
File #: 22-0214 Agenda Date: 6/20/2022 Agenda #: 7.

Summary:

The recommendation to initiate Annexation No. 2021-03 is based on the conclusion that the project is consistent with General Plan land use policies directing development to occur in the City’sTier 2 Urban Development Boundary (UDB) through projects that promote concentric growth utilizing sites in close proximity to City services (i.e., sewer, water, police, and fire, etc.).

The annexation application is requesting to annex property within the City to facilitate development of the Higgins Ranch tentative subdivision map, conditionally approved by the Planning Commission on May 9, 2022. Upon annexation, the Zoning designation for the 32.35-acre parcel will be R-1-5 (Single-family Residential 5,000 square foot minimum site area) for the entire project site. The Higgins Ranch tentative subdivision map will subdivide the 32.35-acre parcel into a 174-lot single- family residential subdivision at a density of 5.38 dwelling units per acre (see Exhibit “A”).The proposed single-family subdivision will be serviced by 60-foot wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks, and streetlights), sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water).

Primary access to the subdivision will be from Lovers Lane, an arterial street, and Cherry Avenue, a local roadway. Both streets will be improved to their ultimate right-of-way width within the boundaries of the Higgins Ranch subdivision. Improvements along these major streets include construction of curb, gutter, parkway landscaping, sidewalks, block wall, installation of park strip landscaping, streetlights, and undergrounding of utility lines. The subdivision will be developed over two phases, following the phasing lines established by Tentative Parcel Map No. 2022-01, also conditionally approved by the Planning Commission. Phase I will be approximately 19.05 acres in area and will include 100 lots. Phase II will be approximately 13.30 acres in area and will include 74 lots.

The Planning Commission conducted a public hearing on May 9, 2022, to consider the annexation, tentative subdivision map and tentative parcel map request for the project site. The Planning Commission concluded that the annexation of the site is consistent with the Visalia General Plan.

Specifically, the Planning Commission noted that the proposed annexation is consistent with General Plan Land Use Policies LU-P-21 and LU-P-55. The Planning Commission approved the tentative subdivision map and tentative parcel map, subject to the approval of the Annexation, and recommended that Council initiate proceedings for the Annexation.

The Planning Commission’s recommendation and findings to support the annexation request are included in the resolution for the City Council’sconsideration. If the City Council adopts the resolution initiating the annexation, staff will prepare an annexation application and file it with the Tulare County Local Agency Formation Commission (LAFCO).

Background Discussion:

Project Description:

Staff supports the annexation based on the project’sconsistency with the Land Use Element of the General Plan. Specifically, the annexation will facilitate a residential subdivision development on a

32.35-acre site in a manner that is consistent with residential neighborhoods in the area. The following potential issue areas have been analyzed for the proposed project.

General Plan Consistency:

The proposed annexation and 174-lot single-family residential subdivision on 32.35-acres is compatible with existing residential development adjacent to the area. The project is consistent with Land Use Policy LU-P-21 of the 2014 General Plan, which states that the city should “Allow Visalia City Council Printed on 6/17/2022Page 2 of 6
powered by Legistar™
719
File #: 22-0214 Agenda Date: 6/20/2022 Agenda #: 7.

Land Use Policy LU-P-21 of the 2014 General Plan, which states that the city should “Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’sLand Use Diagram”.The site is within the County of Tulare and is adjacent to developed sites to the north and west. Existing utility infrastructure (i.e., sewer, storm and water) can be provided to accommodate the project at buildout. Further, the site is in the Urban Development Boundary (UDB) Tier 2, which allows for immediate development upon successful annexation. Visalia met the residential land use thresholds for expanding into the Tier 2 growth boundary in July 2021.

Furthermore, the project is consistent with Policy LU-P-55. The policy allows for residential development consistent with the Low Density Residential designation at a density range between two to ten dwelling units per gross acre. The site will be developed at a residential density of 5.38 units per acre consistent with the Low Density Residential General Plan land use designation as well as the R-1-5 zoning district. The policy states: “thisdesignation is intended to provide for single-family subdivisions.” Compatibility with the surrounding area is required by the General Plan in the decision to facilitate development on the site. The subdivision meets all of the codified standards contained in the Zoning and Subdivision Ordinances, as well as all General Plan policies pertaining to residential development. Staff finds that the tentative subdivision map is compatible with the surrounding area and the Low Density Residential land use designation.

Annexation No. 2021-03:

The project proponents have filed the annexation application, which is required in order to annex the site into the City’s land use jurisdiction. The Annexation can be supported on the basis that the proposed use is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram. The site can be serviced with all of the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to initiation by the City Council and prior to final approval of the annexation by the local agency formation commission but cannot approve the final subdivision map until after the land is annexed and the annexation is recorded through the Tulare County Recorder.

Planning Commission Public Hearing:

At its meeting on May 9, 2022, the Planning Commission considered Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map (TSM) No. 5585, and Tentative Parcel Map (TPM) No. 2022-01.

The Planning Commission staff report provided an extensive overview of the improvements associated with the subdivision map. A brief synopsis of the street improvements is provided as follows:

Lovers Lane is a designated 110-foot wide arterial street. Improvements along the right of way within the boundaries of the subdivision map include improving the street to its full width which will include a Class II bike lane, curb, gutter, sidewalks, streetlights, block wall and landscaping along the east side of the street. The Lovers Lane and Cherry Avenue intersection will be limited to right-in, right-out, and left-in traffic movements, while the Lovers Lane and “D”Street intersection will be limited to right-in and right-out only. No new left-turn pocket will be required along this segment of Lovers Lane.

Cherry Avenue is a 56-foot wide local street. Full street improvements along Cherry Avenue include a street widening, new curb, gutter, parkway landscaping and new sidewalk along the south side of the Visalia City Council Printed on 6/17/2022Page 3 of 6
powered by Legistar™
720
File #: 22-0214 Agenda Date: 6/20/2022 Agenda #: 7.
street widening, new curb, gutter, parkway landscaping and new sidewalk along the south side of the roadway fronting the new development. The north side of the roadway has been improved as part of the residential subdivision to the north.

Local Street Connectivity: The 174-lot subdivision is designed to comply with the City’sEngineering Improvement Standards “P-15 - Super Block Connectivity”. This improvement standard provides for access via the local street connectivity pattern within a superblock thereby reducing trips onto arterial and collector streets. The superblock connectivity design allows for interconnectivity between and within neighborhoods.

During the public hearing, public testimony in favor of the proposal was provided by Darlene Mata, consultant for the applicant. Public comment in opposition to the proposal was received by Craig McDonald via email and during the public hearing. Mr. McDonald cited concerns with potential negative impacts to their property just north of the project site, concerns regarding residential density of the subdivision, potential increases to traffic and impacts to their quality of life. The e-mail submitted is included in Exhibit “E” of the staff report.

Based on the proposal and public testimony received at the public hearing, the Planning Commission approved the TSM and TPM requests, and found the annexation to be consistent with the policies and goals of the Visalia General Plan. The resolution recommending approval of the annexation to the City Council and the Tentative Subdivision Map were unanimously approved via a 5-0 vote by the Planning Commission. However, the Tentative Parcel Map was approved via a 4-1 vote.

Detachment for Service Area No. 1:

The subject site is part of Tulare County Service Area No. 1. Services provided in Service Area No. 1 include domestic water and sewer. Detachment of the project area from Service Area No. 1 is required upon annexation as future development will receive domestic water and sanitary sewer services from the California Water Service Company and the City of Visalia, respectively.

Annexations submitted to LAFCO require that the City include a request to detach the annexed area from the County’s service area. Though detachments were previously an automatic process conducted as part of annexations, a 2009 law change now requires Cities to explicitly request detachment.

Pre-Annexation Agreement:

The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation. The agreement is included as Exhibit “C”in the staff report.

City Council Districts:

If the annexation area is approved, the parcel will be annexed into Voting District 2 per the Council Election Voting District Map.

City Services:

City Services, including Police and Fire protection, will be provided to the project site upon annexation. Sanitary sewer service will be extended to the project site upon development, as will water service through the California Water Service Company. Upon annexation, the full complement Visalia City Council Printed on 6/17/2022Page 4 of 6
powered by Legistar™
721
File #: 22-0214 Agenda Date: 6/20/2022 Agenda #: 7.
of city services and programs will be available to future occupants of the project site.

Fiscal Impact:

Future development of the project will require the developer to pay development impact fees which include Transportation, Trunk Line Capacity, Strom Drainage Acquisition, Park Acquisition, Waterways Acquisition, Public Safety, Groundwater Overdraft Mitigation, etc.

Prior Council Action: None.

Committee/Commission Review and Action:

The Planning Commission held a public hearing for the proposed project on May 9, 2022. The Planning Commission approved Higgins Ranch TSM No. 5585 to subdivide a 32.35-acre parcel into 174 lots for residential use; and TPM No. 2022-01 to subdivide the subject site into two lots for phasing and financing purposes. The TSM was approved by a 5-0 vote and the TPM was approved by a 4-1 vote. Along with the maps, the Planning Commission considered Annexation No. 2021-03, a proposal to annex a 32.35-acre parcel into the City Limits of Visalia, which will be zoned R-1-5 (Single-family Residential) upon annexation which is consistent with the General Plan Land Use designation of Residential Low Density. The Planning Commission moved to find Annexation No. 2021-03 consistent with the policies and goals of the Visalia General Plan and recommended approval to the Visalia City Council by a vote of 5-0.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Deny the Annexation; or

2. Refer the matter back to the Planning Commission; or,

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to approve the following:

Resolution No. 2022-38 certifying Initial Study / Negative Declaration No. 2021-49, and Resolution No. 2022-35 initiate proceedings for Annexation No. 2021-03, authorizing the detachment of property from County Service Area No. 1, and authorizing the City Manager to enter into a Pre- Annexation Agreement between the City of Visalia and the property owners, subject to the terms discussed herein.

CEQA Review:

An Initial Study and Negative Declaration were prepared for the proposed project. Initial Study and Negative Declaration No. 2021-49 disclosed that environmental impacts are determined to be not significant. Staff concludes that Initial Study and Negative Declaration No. 2021-49 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level.

Visalia City Council Printed on 6/17/2022Page 5 of 6
powered by Legistar™
722
File #: 22-0214 Agenda Date: 6/20/2022 Agenda #: 7.

Attachments:

1. Resolution No. 2022-38 certifying Initial Study and Negative Declaration No. 2021-49

2. Resolution No. 2022-35 initiating the Proceedings for Annexation No. 2021-03 and Detachment from County Service Area No. 1.

3. Exhibit “A” - Tentative Subdivision Map

4. Exhibit “B” - Annexation Plan and Legal Description

5. Exhibit “C” - Pre-Annexation Agreement

6. Exhibit “D” - Initial Study No. 2021-19

7. Exhibit “E” - May 5, 2022, e-mail from Craig MacDonald

8. Planning Commission Resolution No. 2021-65 recommending initiation of Annexation No. 2021-03

9. Planning Commission Staff Report

10. General Plan Land Use Map

11. Zoning Map

12. Aerial Map

13. Location Map
Visalia City Council Printed on 6/17/2022Page 6 of 6
powered by Legistar™
723
Resolution No. 2022-38
RESOLUTION NO. 2022-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, ADOPTING NEGATIVE DECLARATION NO. 2021-49, WHICH EVALUATES ENVIRONMENTAL IMPACTS FOR ANNEXATION NO. 2021-03, HIGGINS RANCH TENTATIVE SUBDIVISION MAP NO. 5585, AND TENTATIVE PARCEL MAP NO. 2022-01

WHEREAS, the project consisting of Annexation No. 2021 -03, Higgins Ranch Tentative Subdivision Map No. 5585, and Tentative Parcel Map No. 2022 -01 (hereinafter “Project”) is a request to annex a 32.35-acre parcel into the City Lim its of Visalia in order to facilitate the subdivision of said 32.35-acre parcel into a 174-lot single-family residential subdivision. The Project is located on the southe ast corner of East Cherry Aven ue and South Lovers Lane (APN:
127-030-018); and,

WHEREAS, the City Council of the City of V isalia, after t en (10) days p ublished notice, held a public hearing before said Council on June 20, 2022; and,

WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from the Project; and,

WHEREAS, on the basis of th is Initial Study, a Negative Declaration has been prepared for the Project pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended; and

WHEREAS, the Initial Study and Negative Dec laration for the Project were prepar ed and noticed for review and comment for 20 days beginning on April 14, 2022; and,

WHEREAS, the City of Visalia did not receive any comments on the Initial Study and Negative Declaration; and,

WHEREAS, the City Counci l of the City of Visalia considered t he Initial Study and Negative Declaration and found that the Initial Study and Negative Declaration contain and reflect the independent judgment of the City of Visalia.

NOW, THEREFORE, BE IT RESOLVED that the Initial S tudy and Negative Declaration was prepared consistent w ith the California E nvironmental Quality Act (CEQA) and the City of Visalia Environmental Guidelines.

724
Resolution No. 2022-38
BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby finds, on the basis of the whole record b efore it, that there is no substantia l evidence that the project will have a significant effect on the environment and hereby adopts Initial Study and Negative Declaration No. 2021-49. The documents and other material which constitute the record of the proceedings upon whic h the decisions based are located at the office of the Ci ty Planner, 315 East Acequia Avenue, Visalia, California, 93291.

725
Resolution No. 2022-35

RESOLUTION NO. 2022-35

A RESOLUTION OF APPLICATION BY THE CITY OF VISALIA REQUESTING

THE TULARE COUNTY LOCAL AGENCY FORMATION COMMISSION TO
TAKE PROCEEDINGS FOR ANNEXATION NO. 2021-03 AND DETACHMENT OF PROPERTY FROM COUNTY SERVICE AREA NO. 1, PERTAINING TO ONE PARCEL TOTALING 32.35 ACRES. THE SITE WOULD BE ZONED R-1- 5 (SINGLE FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM) WHICH

IS CONSISTENT WITH THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL. THE SITE IS LOCATED ON THE SOUTHEAST

CORNER OF SOUTH LOVERS LANE AND EAST CHERRY AVENUE
(APN: 127-030-018)

WHEREAS, Annexation No. 2021-03 is a proposed annexation of a total of 32.35 acres into the city limits (“Project”). The property is located on the southeast corner of South Lovers Lane and East Cherry Avenue, within the County of Tulare (APN: 127-030- 018); and

WHEREAS, the City Council of the City of Visalia desires to initiate p roceedings for annexation to said city of territory described on the attached legal description and map herein as Exhibit “B”; and

WHEREAS, the Council of the City of Visalia desires to annex said property to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) Will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) Will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and

WHEREAS, this proposal is made pursuant to the Cortese -Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and

WHEREAS, the territory proposed to be annexed is uninhabited per Government Code Section 56046; and

WHEREAS, the property proposed to be annexed is adjacent to City Limits; and

WHEREAS, the territory proposed to be annexed is located in Voting District 2 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and

726
Resolution No. 2022-35

WHEREAS, the Council of the City of Visalia, after a ten-day public notification period, held a public hearing on June 20, 2022, and found the project consistent with the General Plan; and

WHEREAS, the City Council hereby makes the following findings with regard to the project:

1. That the Annexation is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. The subject property is within Tier 2 Urban Development Boundary as defined by the City of Visalia General Plan and is designated Low Density Residential by the General Plan Land Use Map.

3. That the proposed Annexation changing 32.35 acres of County/AE-20 (Exclusive Agriculture, 20 Acre Minimum) zone to R-1-5 (Single F amily Residential 5,000 square foot minimum) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

4. That the property is located within Voting District 2 per the Council Election Voting District Map.

5. That the property is not located within an Agricultural Preserve.

6. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Negative Declaration No. 2021-49, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish, wildlife or their habitat.

BE IT RESOLVED that the Council of the City of Visalia requests the following actions:

1. The potential environmental effects of the proposed annexation have been reviewed and the Environmental Coordinator of the City of Visalia has determined that the proposed project ha s no effects that could occur as addressed within Negative Declaration No. 2021-49, and therefore the City Council adopts Negative Declaration No. 2021-49.

2. Application is hereby made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit “B”.

3. Proceedings shall be taken for this annexation proposal pursuant to Title 5, Division 3, Part 3 of the California Government Code and other relevant provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. 727
Resolution No. 2022-35

4. In conjunction with the proceedings being taken for this annexation proposal, application is also hereby being made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California, for detachment from County Service Area No. 1.

5. The Council hereby request s waiver of the conducting authority proceedings in accordance with Government Code Section 56663(c).

6. Upon annexation, the territory shall be zoned R-1-5 (Low Density Residential ) consistent with the pre-zoning designated by the General Plan Land Use Map.

7. Upon annexation, the territory shall be assigned to Voting District 2 and the Election District Map adopted on February 22, 2022, per Resolution No. 2022-11 shall be amended to reflect the new territory assigned to Voting District 2.

8. The City Clerk of the City of Visalia is authorized and directed to file a certified copy of this resolution with the Executive Officer of Tulare County LAFCO.

9. The applicant(s) shall enter into a Pre -Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The Pre-Annexation Agreement is attached herein as Exhibit “C”. The agreement is subject to approval as to form by the City Attorney and subject to clerical and form modifications as approved by the City Manager. 728
PHASE 213.30 ACPHASE 119.05 AC
(338.41 fnd 3/4 ip tag ls 4714)
67 54321
3029282726
2425

PPPPPPPPPPPP

PPP PPP
OHE
OHE
OHE
OHE
OHE
OHE
OHE
LOT 1685063SFLOT 1676139SF LOT 1553722SF
LOT 835018SFLOT 825051SFLOT 815085SFLOT 805118SF
LOT 785048SFLOT 775080SFLOT 765018SFLOT 755049SFLOT 745079SF LOT 735080SF
LOT 7113114SF
LOT 875018SFLOT 885018SFLOT 895018SFLOT 905018SFLOT 915018SFLOT 925018SFLOT 935018SFLOT 945018SFLOT 965018SFLOT 975018SFLOT 985018SF LOT 1425018SFLOT 1415018SFLOT 1405018SF
N. RIGHT OF WAY UPRR
SW COR. NW 1/4 SEC. 3-19/25
HALL ESTATESRM 42-45CHERRY AVENUE
LOVERS LANE (ROAD 140)RIGHT OF WAY
CTR NW 1/4.SEC. 3-19/25APN 127-030-038
EASEMENT FOR PUBLICUTILITIES AND ACCESS TOSOUTHERN CALIFORNIAEDISON RECORDEDMARCH 11, 1931 IN VOL419 OF DEEDS PAGE 240TCR NO WIDTH IS DEFINEDIN SAID DOCUMENT

PALM STREET
55 FOOT EASEMENT TOTULARE IRRIGATION DISTRICTVOL 3880 PAGE 967 TCR.DEDICATE TO TULAREIRRIGATION DISTRICT PERFINAL MAP

PALM STREET

LOVERS LANE
EVERGREEN AVENUESTREET "A"

MACKENNA STREET
STREET "C"

AUBREE STREET
STREET "D"

PHASELINE
(E)OHE TO REMAIN(E)OHE TOREMAIN(E)OHE TO REMAIN(E)OHE TO REMAIN(E)OHE TO REMAIN

DEDICATE TO TULAREIRRIGATION DISTRICT PERFINAL MAP DEDICATE TO TULAREIRRIGATION DISTRICTPER FINAL MAP (E)RAILS(E)RAILS
50'
OUTLOT "A"
OUTLOT "A"

WEST TOEOF DITCHEAST TOEOF DITCHWEST TOPOF DITCH

NORTH TOE OF DITCH

SOUTH TOEOF DITCH

NORTH TOP OF DITCH

19.46' 20.36'
OUTLOT "C"/PARK9,526 SF
AA
LOT 1005782SFLOT 955018SFLOT 995018SF LOT 855782SF
LOT 1085018SFLOT 1095018SF
LOT 1175782SFLOT 1245018SF LOT 1485780SF
LOT 615100SF
LOT 605128SF
LOT 1705155SFLOT 1715193SF
LOT 1695113SF
LOT 1725230SF
LOT 335770SF
LOT 1105018SF
LOT 435767SFLOT 425008SFLOT 375008SFLOT 365008SFLOT 355008SFLOT 345010SF LOT 405008SFLOT 415008SFLOT 395008SFLOT 385008SF LOT 865018SF
LOT 665005SFLOT 675005SF
LOT 326430SF
LOT 316012SFLOT 305483SF
LOT 275582SF
LOT 295521SF
LOT 1735268SF
LOT 285559SF
LOT 1746322SF
LOT 445767SF
LOT 1015779SF LOT 1165779SF
LOT 1235018SFLOT 1325779SF
LOT 1335779SF
LOT 545767SFLOT 525008SFLOT 485008SFLOT 465008SF LOT 625100SFLOT 535008SFLOT 505008SFLOT 475008SFLOT 455010SF LOT 655005SFLOT 515008SFLOT 495008SF LOT 1155018SFLOT 1125018SFLOT 1075018SFLOT 1065018SFLOT 1045018SF LOT 1145018SFLOT 1115018SFLOT 1035018SF LOT 1135018SFLOT 1055018SF LOT 1185018SFLOT 1215018SFLOT 1265018SFLOT 1305018SFLOT 1315018SF LOT 1195018SFLOT 1225018SFLOT 1275018SF LOT 1205018SFLOT 1285018SFLOT 1295018SF LOT 1465018SFLOT 1445018SFLOT 1385018SFLOT 1365018SF LOT 1455018SFLOT 1435018SFLOT 1375018SFLOT 1355018SFLOT 1345018SF LOT 1475018SFLOT 1395018SF 0+00
1+00
2+00
3+00
4+00
5+00
6+00
6+45
0+00
1+00
2+00
3+00
4+00
5+00
6+00
7+00
8+00
9+009+03
0+00
1+00
2+00
3+00
4+00
5+00
6+00
7+00
8+00
9+009+03
0+00
1+00
2+00
3+00
4+00
5+00
6+00
7+00
8+00
9+009+03
0+001+002+003+004+005+006+007+008+008+32
0+001+002+003+004+005+006+007+007+63
0+001+002+002+59
0+001+002+002+54
0+001+001+87
0+00
1+00
1+92
0+001+002+003+004+005+006+007+008+009+0010+0011+0012+0013+00 STREET "E"
LOT 725633SF
LOT 7012781SF
LOT 795017SF
LOT 685430SF
LOT 696290SF
LOT 645835SFLOT 635947SF
LOT 1495004SFLOT 1505044SF
STREET "A"
STREET "B"

COUNTRY AVENUE
36'
9'8'
55'
10'
18'
INSTALL TEMP SD BASINVOL REQD=3.92AC-FTVOL PROVD=4.12AC-FT10' DEEP W/ CITYSTD FENCE PROVIDE 1'-2' EASEMENTEAST OF ROW FOR BLOCKWALL FOOTING OUTLOT "B"
18'
LOT 15188SFLOT 25188SFLOT 35188SFLOT 45188SFLOT 55188SFLOT 66996SFLOT 76996SFLOT 85181SFLOT 95181SFLOT 105181SFLOT 115181SFLOT 125181SFLOT 135181SFLOT 145181SFLOT 155181SF LOT 5912032SFLOT 586889SFLOT 575384SFLOT 565347SFLOT 556996SFLOT 186996SFLOT 195347SFLOT 205347SFLOT 215347SFLOT 225347SFLOT 235347SFLOT 245938SFLOT 2512543SFLOT 2610996SF LOT 165181SFLOT 175080SF
LOT 1025018SF
R20'(TYP INT)
(R30'TYP EXT)
25'SCE ESMT
25' FINALWIDTH TBD
SEE DETAIL "A"INSTALL 6'-8" BLOCKWALL
LOT 1653792SFLOT 1665040SF
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 93.84'
N29°18'12"W 121.38'
S89°26'11"E 93.35'S89°26'11"E 100.00'S89°26'11"E 100.00'S89°26'11"E 100.00' S89°26'11"E 98.13'S89°26'11"E 98.13'S89°26'11"E 98.13'S89°26'11"E 98.13'S89°26'11"E 81.07'N59°24'14"E 99.95' N0°33'49"E 100.00'
N58°16'36"W 102.09'S89°53'58"W 79.60'
S89°53'58"W 99.31'S89°53'58"W 98.72'S89°53'58"W 97.53'S89°53'58"W 97.53'S89°53'58"W 96.92'S89°53'58"W 96.32'S89°53'58"W 95.71'S89°53'58"W 95.09' S89°53'58"W 94.47'S89°53'58"W 93.84'
S89°53'58"W 93.22'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.03'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
N52°08'22"E 193.12'
N6°57'59"E 98.37'
S0°33'49"W 100.48'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 100.50'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.00'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S0°33'49"W 97.20'
S89°53'58"W 91.10'
S54°28'29"E 82.26'S74°16'50"E 99.09'S89°26'11"E 100.84'S89°26'11"E 102.72'S89°26'11"E 103.48'S89°26'11"E 104.23'S89°26'11"E 104.99'S89°26'11"E 105.74'N89°26'11"W 109.63'N89°26'11"W 111.53'N89°26'11"W 110.80'N89°26'11"W 110.05'N89°26'11"W 109.29'S89°26'11"E 108.46'

60.00' 60.00'

51.62'51.62'51.62'51.62'51.62'70.00'70.00'51.55'51.55'51.55'51.55'51.55'51.55'51.55'51.55'51.55'39.48'

57.91'103.95'
128.13'122.23'

94.97'55.24'53.65'53.65'53.65'48.22'53.65' 51.30'51.30'51.30'52.25'52.25'52.25'49.11'58.00'98.72'80.17'

60.00'
249.44'

83.63'44.05'

53.88'65.56'50.01' 50.01'60.01'50.01'50.01'50.01'
LOT 1255018SF LOT 845074SF

85.55'

74.41 5' OUTLOTWIDT
5' OUTLOTWIDT 53.65'53.65'53.65'53.65' 51.30'51.30'51.30'52.25'52.25'49.85'

49.73'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'50.00'

50.00'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'50.00'

51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'50.00' 50.00'51.63'51.63'51.63'51.63'

50.00'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'51.63'49.73'

50.00'60.59'

51.02'

50.00'50.01'50.01'50.01'50.01'
118.69'

16.72'51.00'51.00'51.00'50.00'

49.73'51.00'51.00'

51.62'70.00'22.77'

9.86'

61.14'53.20'

53.20'

53.20'53.20'53.20'47.83'

53.20'53.20'53.20'53.20'67.17'170.26

41.08'40.00'25.39'

40.5217.14'

41.06'40.00'33.84'7.38'50.00'50.00'50.00'50.00'47.98'

42.96'51.87

49.93'54.61'

21.65'33.4660.52'34.13'18.63'

41.0632.56'39.46'10.61'8.02'

97.20 97.20

44.29'

88.07'

33.46'11.96'
LOT 1643747SFLOT 1633707SFLOT 1623668SFLOT 1613629SFLOT 1583613SFLOT 1573756SFLOT 1543679SF50.00'50.00'49.39'47.0046.70'46.10'46.00'46.00'

60.59'

50.00'

74.03'

74.85'

75.64'

76.47'

77.26'

78.48'

79.32'

80.16'

81.01'

46.00'46.00'46.00'LOT 1603608SFLOT 1593626SFLOT 1563762SF

72.33'

73.21'
LOT 1519751SFLOT 1524982SF

AREA TO BEINSTALLEDBY OTHERS
LOT 1533638SF

74.03'
25'
25'
25'
25'
25'
25'
25'
25'
25'
25'
25'
25'
25'
25' 1,250SF1,250SF1,250SF1,250SF1,235SF1,175SF1,168SF1,153SF1,150SF1,150SF1,150SF1,150SF1,150SF1,515SF 2,338SF1,954SF

27.1'
25'ESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREAESM'T AREA PPP25'1,250SF1,250SFESM'T AREAESM'T AREA
CR337.55
LOT 72BALLAD MODELGARAGE5'SB
5'SB25'SB
15'SB22'SB41'28'20'20'5'SB

94.97'
102.09'

79.60'

42.96'
CR337.55
CR337.21
LOT 73BALLAD MODELGARAGEGARAGE5'SB25'SB
15'SB22'SB
28'20'41'28'20'20'5'SB5'SB25'SB
15'SB22'SB

79.60'

42.96'

99.31'

55.24'

21.65'33.46'
LOT 69BALLAD MODELGARAGE5'SB 5'SB
25'SB
15'SB22'SB41'28'20'20'
103.95'

54.61'

81.07'99.95'CR338.37CR338.51
LOT 168DUPONTMODEL
LOT 167DUPONTMODELGARAGEGARAGE

65.56'

32.56'8.02'100.84'99.09'

41.06'82.26'

53.88'51.30'
28'-6"37'-8"'5'SB5'SB15'SB22'SB15'SB22'SB
5'SB5'SB
25'SB
37'-8"'
28'-6"
25'SBCR336.42CR336.58
LOT 152DUPONT MODELGARAGE

97.67'44.29'

60.52'

72.33'

88.07'28'-6"37'-8"12'SB
5'SB
5'SB
15'SB
5'SB
5'SB15'SB12'SB28'-6"37'-8"LOT 153DUPONT MODEL20'SB
20'SB

73.21'
5'SB
SITE [email protected], CA. 93292724 N. BEN MADDOX WAY SUITE A(559) 713-6139Vicinity MapN 01" =N60'60'60'30'
(E) SCE OHE POLE(E) SOUTH PROPERTY LINE4'-5'SOUTH PLSCE OHE 729
Exhibit
Geographic Description
City of Visalia
Annexation 2021-___
Annexation to the City of Visalia and Detachment from CSA #1 That portion of the Northwest quarter of Section 3, Township 19 South, Range 25 East, Mount Diablo Meridian, in the County of Tulare, State of California described as follows:

Commencing at the West quarter corner of said Section 3; thence, North 8904'33" East, 110.00 feet along the South line of the Northwest quarter of said Section 3 and the South line of the existing City of Visalia City Limits to the East right of way line of Lovers Lane (County Road 140); thence, North 0131'57" West, along said East line, also being the East line of the existing City of Visalia City Limit line 174.26 feet more or less to the intersection with a line parallel with and 50.00 feet North of the centerline of the Union Pacific Rail Road and the TRUE POINT OF BEGINNING; Course 1: thence, continuing along said East line and existing City of Visalia City Limit Line, North 0131'57" West, 1134.13 feet to the North line of the Southwest quarter of the Northwest quarter of said Section 3;
Course 2: thence, continuing along said existing City of Visalia City Limit Line, North 8907'55" East, 1246.68 feet more or less to the center of the Northwest quarter of said Section 3; Course 3: thence, leaving said existing City of Visalia City Limit Line, South 0000'02" West, along the East line of the Southwest quarter of the Northwest quarter of said Section 3, a distance of 1154.58 feet more or less to the intersection with a line parallel with and 50.00 feet North of the centerline of the Union Pacific Rail Road;
Course 4: thence, North 8954'26" West, along said parallel line, 1216.19 feet more or less to the TRUE POINT OF BEGINNING.

Containing 32.35 acres more or less
Higgins Annexation
02-9-22
730
COURSE 4
N89°54'26"W 1216.19'
COURSE
1 N1°31'57"W 1134.13'
N89°07'55"E 1246.68'
COURSE 2
S0°00'02"W 1154.58'
COURSE 3
N89°04'33"E 110.00'
N1°31'57"W 174.26'
N0°00'00"E
W.
1/
4 COR.

SEC. 3-19
/25
SE COR. SW 1/4 NW 1/4.

SEC. 3-19/25
N. RIGHT OF WAY UPRR
50'
50'
SW COR. NW 1/4 NW 1/4
SEC. 3-19/25
APN 127-030-018

GRANT DEED
DOC. NO. 2005-0009420
N. LINE SW 1/4 NW 1/4

HALL ESTATES
RM 42-45 CHERRY AVENUE

LOVER L

ANE (ROAD
140
)
LOVERS LANE (ROAD 140)

RIGHT OF WAY
CTR NW 1/4.

SEC. 3-19/25

GRANT DEED

ANNEXATION AREA

32.35 ACRES ±

TRUE POINT OF BEGINNING
APN 127-030-038
SCALE: 1" =
N
400'0'
200'
200'
LEGEND

PROPOSED ANNEXATION LIMITS

EXISTING CITY OF VISALIA CITY LIMITS LINE

VICINITY MAP
W. CHERRY AVE

LOVERS LANE
E. CALDWELL AVE.

E. WALNUT AVE.

SITE
U.P.R.R.

CHECKED:

DRAWN:

DATE: 02/9/2022 EXHIBIT

CITY OF VISALIA
ANNEXATION NO. 2021-___

ANNEXATION TO THE CITY VISALIA
AND DETACHMENT FROM CSA #1
PROJECT:

NTS
N
731
1 of 8

EXHIBIT C

Pre-Annexation Agreement

This Pre -Annexation Agreement (”Agreement”) is made and entered into this 20th day of June by and among the City of Visalia, a charter law city (“City’) and Nash Limited Partnership, (hereinafter “Owner”):

RECITALS

WHEREAS, Owners are the record owners of the property , currently located in the unincorporated area of the C ounty of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and

WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and

WHEREAS, Owner desires to have the Property annexed to the City and to have the Property zoned as R-1-5, which would permit the Property to be used for Low Density Residential; and

WHEREAS, the Property consists of approximately 32.35 acres, and no electors reside thereon; and

WHEREAS, proper applications have been filed with the City for approval of the annexation and for the legal subdivision of the lot, as may be required for the Property; and

WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“ Resolution”) adopted on June 20, 2022, initiated proceedings to annex the Property; and

WHEREAS, in certain annexation proceedings Williamson Act issues arise which require indemnification of LAFCO, in said event, City requires indemnification from Developer; and

WHEREAS, finding nine (9) of Resolution No. 2022-35 initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and

WHEREAS, Own er acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.
732
2 of 8

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and

WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax , fee, or charge.

NOW, THEREFORE, in consideration of the above Recitals and the following Covenants, it is agreed by and between the parties as follows:

I. AGREEMENT

A. Parties. The parties to this Agreement are the City and Owner.

B. Incorporation of Recitals. The parties confirm and incorporate the foregoing Recitals into this Agreement.

C. Purpose/Limits of Agreement. A specific purpose of this Agreement is to set forth specific terms and conditions of annexation of the Property to City.

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

AGREEMENT

Generally, each party to this Agreement is benefited and burdened by detachment from the County and annexation to the City. Owner will obtain a variety of services from City and City will obta in additional tax revenues. City has adopted ordinances , regulations, and policies concerning design, improvement, construction, development and use of property within the City .

Nothing contained in this Agreement shall constitute a waiver of City’s legislative, governmental, or police powers to promote and protect the health, safety, and welfare of City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by City of any tax or fee. The purpose of this Agreement is to spell out additional conditions to which Owner will be subject following annexation and prior to development within the City due to the burden placed on City by Owner’s desired annexation:

A. Water Acquisition Policy: Although City’s current water service prov ider, California Water Service, continues to issue will -serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem. Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water 733
3 of 8
Conservation District and it has adopted a policy, as set forth in Chapter

16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexatio n and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order to serve new development that comes with annexation, including development of the Property (the “Water Acq uisition Policy”). Therefore, Owner agrees that, at the time that LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owner will comply with the Water Acquisit ion Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owner’s reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No post -annexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owner complies with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owner agrees that it shall identify all water rights which, to the best of Owner’s knowledge, have been used by Owner or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City. City sha ll cooperate with Owner in valuing such water rights for the purposes of determining the amount of offset to be applied against the in lieu fee as required pursuant of the Water Acquisition Policy. Owner further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owner owns that may be in addition to those required to meet Owner’s obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of one or more parcel maps or final subdivision maps covering the Property and, in the event Owner applies to City for its approval of multiple final maps covering the Property, City agrees such water rig hts conv eyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each final subdivision map, with conveyance of water rights or payment to be made on a per map basis upon City’s issuance of each final subdivision map covering the Property.

B. General Plan Maintenance Fee: On June 21, 2004, the City adopted (by Resolution 2004 -63, as corrected ) a General Plan Maintenance Fee.

Owner agrees that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owner will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to 734
4 of 8
$427 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more final subdivision maps covering the Property and, in the ev ent Owne r applies to City for its approval of multiple final maps covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each final subdivision map, with payment to be made on a per map basis upon City’s issuance of each final subdivision map covering the Property. Owner’s satisfaction of its obligations under this Section II(B) will satisfy any and all of Owner’s obligations related to and arising under the General Plan Maintenance Fee.

C. Plan For Providing Services . The parties agree to cooperate in, and to take such actions as may be necessary to ensure, the diligent preparation of a Plan For Providing Services to the Property, to be submitted to LAFCO along with Ci ty’s ann exation application, in accordance with Cortese-Knox-Hertzberg Act requirements.

Developer understands and agrees that building permits and other entitlements for development on the Property will not be issued unless and until each and every condition herein is met.

III. TERM

The term of this Agreement shall become effective when fully executed by the parties hereto ( the “Effective Date”) and continue for a period of twenty (20) years. This Agreement shall terminate if (a) the annexation proceedings are terminated for any reason; or (b) the completion of the annexation (recordation of a Certificate of Completion) does not occur on or before one (1) year from the Effective Date. Any indemnification provision included herewith shall survive termination and continue until expiration of the statute of limitations applicable to the subject matter thereof.

IV. DEFAULT, REMEDIES AND ENFORCEMENT

In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, t he other party may exercise any rights available at law or in equity, including an action for specific performance or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or ca ncelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.

V. INDEMNIFICATION

Owner agrees to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, 735
5 of 8
causes of actions, and demands, including attorney’s fees and court costs, which arise out o f or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owner’s property, or which are in any manner c onnected with the City’s enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option to pay the attorney’s fees and court costs, which arise out of o r are in any manner connected with this Agreement or its operation.

VI. MISCELLANEOUS

a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heir s, transferees, successors and assigns of the part ies hereto. The terms and conditions stated herein shall constitute covenants running with the land.

b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this A greement without the written consent of the other party.

c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the part y to the terms and conditions of this Agreement.

d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owner, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292

With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King Avenue
Visalia, CA 93291

To Owner: Nash Limited Partnership
Attn: Greg Nunley
1878 N. Mooney Blvd.

Tulare, CA 93274

736
6 of 8
Or such other address as the parties may from time to time designate by giving notice as required hereunder.

e. Entire Ag reement. This Agreement represents the entire agreement between the City and Owner as to its subject matter and no prior oral or written understanding shall be of any force or affect.

f. Amendment. No part of this Agreement may be modified without the written consent of both parties.

g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.

h. No Third Party Beneficiaries Intended . Except as p rovided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

i. Exhibits and Recitals . The recitals and any exhibits to this Agreement are fully incorporated by re ference and are integral parts of this Agreement.

j. Conflict With Laws or Regulations /Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, o r is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect.

k. Waiver. A waiver of any breech of this Agreement by any p arty shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.

l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions ari sing her eunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.

m. Attorneys Fees . In the event either party commen ces any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs an d arbitration costs incurred in the action brought thereon.

737
7 of 8
n. No Agency, Joint Venture or Partnership . It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owner and that Owner is not an agent of City. City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owner joint venturers or partners.

o. Excusable Delays; Extension of Time of Performance . In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third -party litigation or other legal challenges regarding the ann exation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.

p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions se t forth herein.

q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.

/////

738
8 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

CITY

Date: ____________ By: _________________________________ Leslie Caviglia, City Manager

Attest:

Date: ____________ By: _________________________________ Michelle Nicholson, City Clerk

Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson,
City Attorney

OWNER

Date: ____________ By: ________________________________ Greg Nunley
Nash Limited Partnership

739
Environmental Document No. 2021-49
City of Visalia Community Development

NEGATIVE DECLARATION
Project Title : Annexation No. 2021 -03, Tentative Parcel Map No. 2022 -01 and Higgins Ranch Tentative Subdivision Map No. 5585
Project Description: Annexation No. 2021-03 is a request by Quest Equity , LLC, to annex one parcel totaling

32.35-acres into the City limits of Visalia, and to detach said parcel from Tulare County Service Area No. 1 .

The Higgins Ranch Tentative Subdivision Map No. 5585 is a request to subdivide the 32.35-acre parcel into a 174-lot single-family residential subdivision with additional landscape and lighting district lots. A Tentative Parcel Map (TPM 2022-01) has also been submitted in order to facilitate financing and split the phasing of the project into two phases. The project will include the construction of local streets within the subdivis ion, connection to Cherry Avenue to the north and Lovers Lane to the west. Frontage street improvements will also be required along both streets along with right of way dedications . These types of improvements include construction of curb, gutter, sidewalks, and the installation of park strip landscaping and streetlights throughout the subdivision. The subdivision is anticipated to provide vehicular connectivity to a future subdivision to the east of the subject site.

The development of the property, if approved, will create additional housing units in the southeast portion of the City at a density of 5.29 dwelling units to the gross acre which is consistent with the land use designation of Residential Low Density.

Project Location: The project site is located on the southeast corner of the S. Lovers Lane and Cherry Avenue intersection within the jurisdiction of the County of Tulare (APN: 127-030-018).

Project Facts: Refer to Initial Study for project facts, plans and policies, and discussion of environmental effects.

Attachments:
• Initial Study,
• Environmental Checklist,
• Location Map, Subdivision Map

DECLARATION OF NO SIGNIFICANT EFFECT:

This project will not have a significant effect on the environment for the following reasons:
(a) The project does not 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 se lf-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
(b) The project does not have the potential to achieve short -term environmental goals to the disadvantage of long-term environmental goals.
(c) The project does not have environmental effects which are individually limited but cumulatively considerable. Cumulatively considerable means that the incremental effects of an individual 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.
(d) The environmental effects of the project will not cause substantial adverse effects on human beings, either directly or indirectly.

This Negative Declaration has been prepared by the City of Visalia Planning Division in accordance with the California Environmental Quality Act of 1970, as amended. A copy may be obtained from the City of Visalia Planning Division Staff during normal business hours.

740
Environmental Document No. 2021-49
City of Visalia Community Development

APPROVED
Brandon Smith, AICP
Environmental Coordinator

By: ______________________________
Date Approved: ________________
Review Period: 20 days
April 12, 2022
741
Environmental Document No. 2021-49
City of Visalia Community Development

INITIAL STUDY
I. GENERAL
A. Project Name and Description:

Annexation No. 2021-03 is a request by Quest Equity, LLC, to annex one parcel totaling 32.35-acres into the City limits of Visalia, and to detach said parcel from Tulare County Service Area No. 1.

Higgins Ranch Tentative Subdivision Map No. 5585 is a request to subdivide the 32.35-acre parcel into a 174-lot single -family residential subdivision with additional land scape and lighting district lots. A Tentative Parcel Map (TPM 2022-01) has also been submitted in order to facilitate financing and split the phasing of the project into two phases. The project will include the construction of local streets within the subdivision, connection to Cherry Avenue to the north and Lovers Lane to the west. Frontage street improvements will also be required along both streets. These types of improvements include construction of curb, gutter, sidewalks, and the installation of park strip landscaping and streetlights throughout the subdivision. The subdivision is anticipated to provide vehicular connectivity to a future subdivision to the east of the subject site.

Project Location: The project site is located on the southeast corner of the S. Lovers Lane and Cherry Avenue intersection within the jurisdiction of the County of Tulare (APN: 127-030-018).

B. Identification of the Environmental Setting:

The 32.35-acre project site is part of the County and is surrounded by a residential subdivision to the north, undeveloped lots to the south and east and a church to the west. The subject property is currently undeveloped with no structures onsite and has a canal along the east and a portion of the south that is operated and maintained by the Tulare Irrigation District. The site is abutting Union Pacific railroad tracks along the south of the site. In addition, the area to the east is largely fallow, with a mix of row crops to the south.

The development of the site with the 174-lot single -family residential subdivision will extend local streets, infrastructure improvements, utilities, right -of-way improvements and a residential lot pattern consistent with existing residential development found to the north of the surrounding area . The project will include the construction of local streets within the subdivision, connection to Cherry Avenue to the north and Lovers Lane to the west. Street frontage improvements along both Cherry Avenue and Lovers Lane will be included as well. These types of improvements include construction of curb, gutter , sidewalks, and the installation of park strip landscaping and streetlights throughout the subdivision . The project site is bounded by East Cherry Avenue to the north and South Lovers Lane to the west. Cherry Avenue is designated as a local roadway, and Lovers Lane is designated as a minor arterial.

The area surrounding the subject property is predominately developed with single -family homes to the north and west while the south and east remains undeveloped.

The surrounding uses, Zoning, and General Plan are as follows:

General Plan Zoning Existing uses
North: Residential Low
Density
R-1-5 (Single-family
residential, 5,000
sq. ft. min. site
area)
Single Family Residential Subdivision
South: Residential Low
Density,
Residential
AE-20 (Agricultural
Exclusive 20-acre)
County Zoning
Undeveloped and Agricultural Use
742
Environmental Document No. 2021-49
City of Visalia Community Development

Medium Density
East: Residential Low
Density
AE-20 (Agricultural
Exclusive 20-acre)
County Zoning
Undeveloped and Agricultural Use
West: Residential Low
Density
R-1-5 (Single-family
residential, 5,000
sq. ft. min. site
area)
Lovers Lane, Church property & Single
family Residential

Fire and police protection services, street maintenance of public streets, refuse collection, and wastewater treatment will be provided by the City of Visalia upon annexation and development of the area.

C. Plans and Policies:

The General Plan Land Use Diagram designates the site as Residential Low Density. The annexation will facilitate the development of the site with single -family residential units consistent with the residential development pattern in the surrounding area.

II. ENVIRONMENTAL IMPACTS
No significant adverse environmental impacts have been identified for this project that can not be mitigated to a less than significant impact . The City of Visalia General Plan and Zoning Ordinance contain s policies and regulations that are designed to mitigate impacts to a level of non-significance.

III. MITIGATION MEASURES
There are no mitigation measures for this project.

IV. MITIGATION MONITORING PROGRAM
No mitigation is required for this project to reduce significance.

V. PROJECT COMPATIBILITY WITH EXISTING ZONES AND PLANS
The project is compatible with the General Plan , Zoning and Subdivision Ordinances as the project relates to surrounding properties.

VI. SUPPORTING DOCUMENTATION
The following documents are hereby incorporated into this Negative Declaration and Initial Study by reference:
• Visalia General Plan Update. Dyett & Bhatia, October 2014. • Visalia City Council Resolution No. 2014-38 (Certifying the Visalia General Plan Update) passed and adopted October 14, 2014.
• Visalia General Plan Update Final Environmental Impact Report (SCH No. 2010041078). Dyett & Bhatia, June 2014.
• Visalia General Plan Update Draft Environmental Impact Report (SCH No. 2010041078). Dyett & Bhatia, March 2014.
• Visalia City Council Resolution No. 2014-37 (Certifying the EIR for the Visalia General Plan Update) passed and adopted October 14, 2014.
• Visalia Municipal Code, including Title 17 (Zoning Ordinance). • California Environmental Quality Act Guidelines.
• City of Visalia, California, Climate Action Plan, Draft Final. Strategic Energy Innovations, December 2013.
743
Environmental Document No. 2021-49
City of Visalia Community Development

• Visalia City Council Resolution No. 2014-36 (Certifying the Visalia Climate Action Plan) passed and adopted October 14, 2014.
• City of Visalia Storm Water Master Plan. Boyle Engineering Corporation, September 1994. • City of Visalia Sewer System Master Plan. City of Visalia, 1994. • City of Visalia Zoning Ordinance Update. City of Visalia, March 2017. • 2015 Urban Water Management Plan, Visalia District. California Water Service Company, June 2016.

VI. NAME OF PERSON WHO PREPARED INITIAL STUDY

_________________________ ____________________________
Rafael Garcia Brandon Smith, AICP
Senior Planner Environmental Coordinator

744
Environmental Document No. 2021-49
City of Visalia Community Development

INITIAL STUDY

ENVIRONMENTAL CHECKLIST
NAME OF PROPONENT: Quest Equity/Greg Nunley NAME OF AGENT: Darlene Mata Address of Proponent: 1878 N. Mooney Blvd. Address of Agent: 6145 W. Cherry Ct.

Tulare, CA 93274 Visalia, CA 93277
Telephone Number: (559) 799-6993 Telephone Number: (559) 799-2942 Date of Review January 12, 2022 Lead Agency: City of Visalia

The following checklist is used to determine if the proposed project could potentially have a significant effect on the envir onment.

Explanations and information regarding each question follow the checklist. 1 = No Impact 2 = Less Than Significant Impact
3 = Less Than Significant Impact with Mitigation Incorporated 4 = Potentially Significant Impact

I. AESTHETICS
Except as provided in Public Resources Code Section 21099, w ould the project:
2 a) Have a substantial adverse effect on a scenic vista? 1 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
2 c) 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 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?
2 d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
II. AGRICULTURAL 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 Dept. 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 f orest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
2 a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non-agricultural use? 2 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
1 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))?
1 d) Result in the loss of forest land or conversion of forest land to non-forest use?
2 e) Involve other changes in the existing environment whi ch, due to their location or nature, could result in conversion of Farmland to nonagricultural use?
III. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be re lied upon to make the following determinations. Would the project:
2 a) Conflict with or obstruct implementation of the applicable air quality plan?
2 b) Result in a cumulatively considerable net increase of any criteria pollutant for which the pro ject region is non - attainment under applicable federal or stat e ambient air quality standard?
2 c) Expose sensitive receptors to substantial pollutant concentrations?
2 d) Result in other emissions, such as those leading to odors adversely affecting a substantial number of people?
IV. BIOLOGICAL RESOURCES
Would the project:
2 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 and Game or U.S. Fish and Wildlife
Service?
2 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural c ommunity identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
2 c) Have a substantial adverse effect on federally protected wetlands (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
2 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?
1 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Name of Proposal Annexation No. 2021-03, Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01 745
Environmental Document No. 2021-49
City of Visalia Community Development

2 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?
V. CULTURAL RESOURCES
Would the project:
2 a) Cause a substantial adverse change in the significance of a historical resource pursuant to Public Resources Code
Section 15064.5?
2 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Public Resources Code Section 15064.5?
2 c) Disturb any human remains, including those interred outside of formal cemeteries?
VI. ENERGY
Would the project:
2 a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
2 b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
VII. GEOLOGY AND SOILS
Would the project:
a) Directly or indirectly cause potential substantial advers e effects, including the risk of loss, injury, or death involving:
1 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.
1 ii) Strong seismic ground shaking?
1 iii) Seismic-related ground failure, including liquefaction? 1 iv) Landslides?
1 b) Result in substantial soil erosion or loss of topsoil? 1 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
1 d) Be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
1 e) 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?
1 f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
VIII. GREENHOUSE GAS EMISSIONS
Would the project:
2 a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
2 b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the em issions of greenhouse gases?

IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
1 a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
1 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?
1 c) Emit hazardous emissions or handle hazardous or acutely hazardous m aterials, substances, or waste within one - quarter mile of an existing or proposed school?
1 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
1 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?
1 f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
1 g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
X. HYDROLOGY AND WATER QUALITY
Would the project:
2 a) Violate any water quality standards of waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
2 b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the
basin?
2 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:
2 i) result in substantial erosion or siltation on- or off-site; 2 ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or offsite; or
2 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? 2 d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
2 e) Conflict with or obstruct impl ementation of a water quality control plan or sustainable groundwater management plan? XI. LAND USE AND PLANNING
Would the project:
1 a) Physically divide an established community?
1 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? 746
Environmental Document No. 2021-49
City of Visalia Community Development

XII. MINERAL RESOURCES
Would the project:
1 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?
1 b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
XIII. NOISE
Would the project result in:
2 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?
1 b) Generation of excessive groundborne vibration or groundborne noise levels?
1 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 mile s of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
XIV. POPULATION AND HOUSING
Would the project:
1 a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
1 b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?
XV. PUBLIC SERVICES
Would the project:
1 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 physicall y altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
1 i) Fire protection?
1 ii) Police protection?
1 iii) Schools?
1 iv) Parks?
1 v) Other public facilities?
XVI. RECREATION
Would the project:
1 a) Would the project increase the use of existing neighborhood and regional parks or other recreati onal facilities such that substantial physical deterioration of the facility would occur or be accelerated?
1 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?

XVII. TRANSPORTATION / TRAFFIC
Would the project:
1 a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
2 b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency
for designated roads or highways?
1 c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
1 d) Result in inadequate emergency access?
XVIII. TRIBAL CULTURAL RESOURCES
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:
1 a) Listed or eligible for listing in the California Register of Historical Resources, or in a local registe r of historical resources as defined in Public Resources Code section
5020.1(k), or
1 b) 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 Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:
2 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 relocation of which could cause significant environmental effects?
2 b) Have sufficient water supplies available to service the project and reasonable foreseeable future development
during normal, dry, and multiple dry years?
1 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?
1 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?
1 e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

747
Environmental Document No. 2021-49
City of Visalia Community Development

XX. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
1 a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
1 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?
1 c) Require the install ation 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?
1 d) Expose peo ple or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? XXI. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:
2 a) Does the project have the potential to substantially 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 p lant 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?
2 b) Does the project have impacts that ar e 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)?
2 c) Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly?
Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code;
Sections 21080(c), 21080.1, 21080.3, 21083, 21083.05,
21083.3, 21093, 21094, 21095, and 21151, Public
Resources Code; Sundstrom v. County of Mendocino,(1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of
Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147
Cal.App.4th 357; Protect the Historic Amador Waterways v.

Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and
County of San Francisco (2002) 102 Cal.App.4th 656.

Revised 2019
Authority: Public Resources Code sections 21083 and
21083.09
Reference: Public Resources Code sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3/ 21084.2 and 21084.3

748
Environmental Document No. 2021-49
City of Visalia Community Development

DISCUSSION OF ENVIRONMENTAL EVALUATION

I. AESTHETICS
a. This project will not adversely affect the view of any scenic vistas. The Sierra Nevada mountain range may be
considered a scenic vista, but views of the range will not be adversely impacted or significantly by the project.

The proposed project is new resi dential subdivision which will meet City standards for setbacks, landscaping and
height restrictions. The development of the project site with residences will be consistent with the RLD
(Residential Low Density) Land Use Designation and R -1- 5 zoning district.

The Visalia General Plan contains multiple polices that together work to reduce the potential for impacts to the development of land as designated by the General Plan.

With implementation of these policies and the existing City standards, impacts to land use development consistent
with the General Plan will be less than significant.
b. There are no scenic resources on the site and no state scenic highway designations within the project vicinity. c. The proposed project includes a residential subdivision that will be aesthetically consistent with surrounding
development and with General Plan policies. Furthermore, the City has development standards related to
landscaping and other amenities that will ensure that the visual character of the area is enhanced and not
degraded. Thus, the project would not substantially
degrade the existing visual character of the site and its surroundings.
d. The project will create new sources of light that are typical of re sidential development. The City has development
standards that require that light be directed and/or
shielded so it does not fall upon adjacent properties.

II. AGRICULTURAL RESOURCES
a. The project is located on property that is identified as Prime Farmland on ma ps prepared by the California
Natural Resources Agency, Department of Conservation ,
and will involve the conversion of the property to non - agricultural use.

The Visalia General Plan Update Environmental Impact
Report (EIR) has already considered the enviro nmental
impacts of the conversion of properties within the Planning Area, which includes the subject property, into non -
agriculture uses. Overall, the General Plan results in the conversion of over 14,000 acres of Important Farmland to urban uses, which is considered significant and
unavoidable. Aside from preventing development
altogether the conversion of Important Farmland to urban uses cannot be directly mitigated. However, the General Plan contains multiple polices that together work to limit conversion only to the extent needed to accommodate
long-term growth. The General Plan policies identified
under Impact 3.5 -1 of the EIR serve as the mitigation, which assists in reducing the severity of the impact to the extent possible while still achieving the General Plan’s goals of accommodating a certain amount of growth to
occur within the Planning Area. These policies include the implementation of a three -tier growth boundary system
that assists in protecting open space around the City
fringe and maintaini ng compact development within the
City limits.

Because there is still a significant impact to loss of
agricultural resources after conversion of properties within the General Plan Planning Area to non-agricultural uses, a Statement of Overriding Considerations was previously
adopted with the Visalia General Plan Update EIR.

The development of 32.35 acres for a proposed 174-lot
single-family residential subdivision is within the Urban Development Tier 2 Boundary. Development of residential lands in Tier 2 may occur , subject to the site being
annexed into the City of Visalia . The proposed project is consistent with Land Use Policy LU-P-21 of the General
Plan. Policy LU -P-21 states; “ Allow annexation and
development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) … consistent with the City’s Land Use Diagram...”
b. The project site , if approved and annexed , will facilitate the development of the site with 174 residential lots which is consistent with the urban development pattern in the area. In addition, the proposed urban land use and zoning designations will not conflict with an y existing Williamson Act contract.
c. There is no forest land or timberland currently located on the site, nor does the site conflict with a zoning for forest land, timberland, or timberland zoned Timberland
Production.
d. There is no forest or tim berland currently located on the site.
e. The proposed 174-lot single-family residential subdivision will result in conversion of Prime F armland to a non - agricultural use as the site is currently undeveloped with rows of walnut trees. However, the Visalia General Plan Environmental Impact Report (EIR) has alread y
considered the environmental impacts of the conversion of properties within the Planning Area, which includes the subject property, into non -agriculture uses. T he City’s General Plan supports residential development within Tier 2, subject to the site being annexed into the City of Visalia.

The proposed development is consistent with the
surrounding area to the north and west. By supporting the annexation and subdivision of this site for Low Density Residential development, the site can be developed in a manner that facilitates housing units within the City’s Tier 2 Urban Development Boundary. The proposed project is
consistent with Land Use Policy LU -P-21 of the General Plan. Policy LU -P-21 states; “ Allow annexation and
development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) … consistent with the City’s Land Use Diagram...”
749
Environmental Document No. 2021-49
City of Visalia Community Development

III. AIR QUALITY
a. The project site is locate d in an area that is under the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The project in itself does not disrupt implementation of the San Joaquin Regional Air Quality
Management Plan and will therefore be a less than
significant impact.
b. Tulare County is designated non -attainment for certain federal ozone and state ozone levels. The project will result in a net increase of criteria pollutants. Development under the General Plan will result in increases of
construction and operation -related criteria pollutant
impacts, which are considered significant and
unavoidable. General Plan policies identified under
Impacts 3.3-1, 3.3-2, and 3.3-3 serve as the mitigation that assists in reducing the severity of the impact to the extent possible while still achieving the General Plan’s goals of accommodating a certain amount of growth to occur within the Planning Area.

The project is required to adhere to requirements
administered by the SJVAPCD to reduce emissions to a
level of compliance consistent with the District’s grading regulations. Compliance with the SJVAPCD’s rules and
regulations will reduce potential impacts associated with air quality standard violations to a less than significant level.

In addition, development of the project will be subject to the SJVAPCD Indirect Source Review (Rule 9510)
procedures that became effective on March 1, 2006. The Applicant will be required to obtain permits demonstrating compliance with Rule 9510, or payment of mitigatio n fees to the SJVAPCD.
c. Tulare County is designated non -attainment for certain federal ozone and state ozone levels. The project will result in a net increase of criteria pollutants. This site was evaluated in the Visalia General Plan Update EIR for
conversion into urban development. Development under
the General Plan will result in increases of construction and operation-related criteria pollutant im pacts, which are considered significant and unavoidable. General Plan policies identified under Impacts 3.3 -1, 3.3 -2, and 3.3 -3 serve as the mitigation which assists in reducing the
severity of the impact to the extent possible while still achieving the General Plan’s goals of accommodating a
certain amount of growth to occur within the Planning
Area.

The project is required to adhere to requirements
administered by the SJVAPCD to reduce emissions to a
level of compliance consistent with the District’s g rading regulations. Compliance with the SJVAPCD’s rules and
regulations will reduce potential impacts associated with air quality standard violations to a less than significant level.

IV. BIOLOGICAL RESOURCES
a. The site has no known species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regula tions, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service. The project would therefore not have a
substantial adverse effect on a sensitive, candidate, or special species.

In addition, staff conducted an on -site visit to the site to observe biological conditions and did not observe any
evidence or symptoms that would suggest the presence of a sensitive, candidate, or special species.

Citywide biological resources were evaluated in the Visalia General Plan Update Environmen tal Impact Report (EIR).

The EIR concluded that certain special -status species or their habitats may be directly or indirectly affected by future development within the General Plan Planning
Area. This may be through the removal of or disturbance to habitat. Such effects would be considered significant.

However, the General Plan contains multiple polices,
identified under Impact 3.8 -1 of the EIR, that together work to reduce the potential for impacts on special -status species likely to occur in the Planni ng Area. With
implementation of these policies, impacts on special -
status species will be less than significant.
b. The project is not located within an identified sensitive riparian habitat or other natural community.

Citywide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR).

The EIR concluded that certain sensitive natural
communities may be directly or indirectly affected by
future development within the General Plan Pl anning
Area, particularly valley oak woodlands and valley oak
riparian woodlands. Such effects would be considered
significant. However, the General Plan contains multiple polices, identified under Impact 3.8 -2 of the EIR, that together work to reduce the potential for impacts on
woodlands located within in the Planning Area. With
implementation of these policies, impacts on woodlands
will be less than significant.

750
Environmental Document No. 2021-49
City of Visalia Community Development

c. The project is not located within or adjacent to federally protected wetlands as defined by Section 404 of the Clean Water Act.

Citywide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR).

The EIR concluded that certain protected wetlands and
other waters may be directly or indirectly affected by future development within the General Plan Planning Area. Such effects would be considered significant. However, the
General Plan contains multiple polices, identified under Impact 3.8-3 of the EIR, that together work to reduce the potential for impacts on wetlands and other waters located within in the Planning Area. With implementation of these policies, impacts on wetlands will be less than significant. d. Citywide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR).

The EIR concluded that the movement of wildlife species may be directly or indirectly affected by future
development within the General Plan Planning . Such
effects would be considered significant. However, the
General Plan contains multiple polices, identified under Impact 3.8-4 of the EIR, that together work to reduce the potential for impacts on wildlife movement corridors
located within in the Plann ing Area. With implementation of these policies, impacts on wildlife movement corridors will be less than significant.
e. The City has a municipal ordinance in place to protect valley oak trees. All existing valley oak trees on the project site will be under the jurisdiction of this ordinance. Any oak trees to be removed from the site are subject to the
jurisdiction of the municipal ordinance.

There are no Valley Oak trees onsite.
f. There are no local or regional hab itat conservation plans for the area.

V. CULTURAL RESOURCES
a. There are no known historical resources located within the project area. If some potentially historical or cultural resource is unearthed during development all work should cease until a qualified pr ofessional archaeologist can evaluate the finding and make necessary mitigation
recommendations.
b. There are no known archaeological resources located
within the project area. If some archaeological resource is unearthed during development all work should c ease until a qualified professional archaeologist can evaluate the finding and make necessary mitigation recommendations.
c. There are no known human remains buried in the project vicinity. If human remains are unearthed during
development all work should cease until the proper
authorities are notified and a qualified professional
archaeologist can evaluate the finding and make any
necessary mitigation recommendations. In the event that potentially significant cultural resources are discovered during ground disturbing activities associated with project preparation, construction, or completion, work shall halt in that area until a qualified Native American Tribal observer, archeologist, or paleontologist can assess the significance of the find, and, if necessary, develop appropriate
treatment measures in consultation with Tulare County
Museum, Coroner, and other appropriate agencies and
interested parties.

VI. ENERGY
a. Development of the site will require the use of energy supply and infrastructure. However, the use of energy will be typical of that associated with residential development associated with the underlying zoning . Furthermore, the use is not considered the type of use or intensity that would result in wasteful, inefficient, or unnecessary
consumption of energy resources during construction or
operation. The project will be required to comply with
California Building Code Title 24 standards for energy
efficiency.

Polices identified under Impacts 3.4-1 and 3.4-2 of the EIR will reduce any potential impacts to a less than significant level. With implementation of these policies and the
existing City standards, impacts to energy will be less than significant.
b. The project will not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, based on the discussion above.

VII. GEOLOGY AND SOILS
a. The State Geologist has not issued an Alquist -Priolo Earthquake Fault Map for Tulare County. The project area is not located on or near any known earthquake fault lines.

Therefore, the project will not expose people or structures to potential substantial adverse impacts involving
earthquakes.
b. The development of this site will require movement of topsoil. Existing City Engineering Division standards
require that a grading and drainage plan be submitted for review to the City to ensure that off - and on -site
improvements will be designed to meet City standards.
c. The project area is relatively flat and the underlying soil is not known to be unstable. Soils in the Visalia area have few limitations with regard to development. Due to low
clay content and limited topographic relief, soils in the Visalia area have low expansion characteristics.
d. Due to low clay content, soils in the Visalia area have an expansion index of 0 -20, which is defined as very low
potential expansion.
e. The project does not involve the use of septic tanks or alternative wastewater disposal systems since sanitary
sewer lines will be used for the disposal of wastewater at this location.
f. There are no known unique paleontological resources or geologic features located within the project area. In the event that potentially significant cultural resources are discovered during ground disturbing activities associated with project preparation, construction, or completion, work shall halt in that area until a qualified Native American Tribal observer, archeologist, or paleontologist can assess the significance of the find, and, if necessary, develop appropriate treatment measures in consultation with
Tulare County Museum, Coroner, and other appropriate
agencies and interested parties.

751
Environmental Document No. 2021-49
City of Visalia Community Development

VIII. GREENHOUSE GAS EMISSIONS
a. The project is expected to generate Greenhouse Gas
(GHG) emissions in the short -term as a result of the
construction of the residential subdivision and long -term as a result of day -to-day operation of the proposed
residences.

The City has prepared and ado pted a Climate Action Plan (CAP) which includes a baseline GHG emissions
inventories, reduction measures, and reduction targets
consistent with local and State goals. The CAP was
prepared concurrently with the Visalia General Plan
Update and its impacts ar e also evaluated in the Visalia General Plan Update EIR.

The Visalia General Plan and the CAP both include
policies that aim to reduce the level of GHG emissions
emitted in association with buildout conditions under the General Plan. Although emissions wi ll be generated as a result of the project, implementation of the General Plan and CAP policies will result in fewer emissions than would be associated with a continuation of baseline conditions.

Thus, the impact to GHG emissions will be less than
significant.
b. The State of California has enacted the Global Warming Solutions Act of 2006 (AB 32), which included provisions for reducing the GHG emission levels to 1990 “baseline” levels by 2020 and to a level 80% below 1990 baseline
levels by 2050 . In addition, the State has enacted SB 32 which included provisions for reducing the GHG emission levels to a level 40% below 1990 baseline levels by 2030.

The proposed project will not impede the State’s ability to meet the GHG emission reduction targ ets under AB 32.

Current and probable future state and local GHG
reduction measures will continue to reduce the project’s contribution to climate change. As a result, the project will not contribute significantly, either individually or
cumulatively, to GHG emissions.

IX. HAZARDS AND HAZARDOUS MATERIALS
a. No hazardous materials are anticipated with the project. b. Construction activities associated with development of the project may include maintenance of on -site construction equipment that could lead to minor fuel and oil spills. The use and handling of any hazardous materials during
construction activities would occur in accordance with
applicable federal, state, regional, and local laws.

Therefore, impacts are considered to be less than
significant.
c. There are no schools within one-quarter mile of the project site; however, there is no reasonably foreseeable
condition or incident involving the project that could affect existing or proposed school sites within one -quarter mile of school sites.
d. The project area does not include any sites listed as hazardous materials sites pursuant to Government Code
Section 65692.5.
e. Tulare County’s adopted Comprehensive Airport Land
Use Plan shows the project area is located outside of all Airport Safety Hazard Zones. There are no restrictions for the proposed project related to Airport Zone requirements.

The project area is located approximately 6.5 miles from the Visalia Airport. The project site is not located in a flight path, collision safety zone, or noise threshold of the airport.
f. The project will not interfere with the implementation of any adopted emergency response plan or evacuation
plan.
g. There are no wild lands within or near the project area.

X. HYDROLOGY AND WATER QUALITY
a. Development projects associated with buildout under the Visalia General Plan are subject to regulations that serve to ensure that such projects do not violate water quality standards of waste discharge requirements. These
regulations include the Federal Cl ean Water Act (CWA), the National Pollutant Discharge Elimination System
(NPDES) permit program. State regulations include the
State Water Resources Control Board (SWRCB) and
more specifically the Central Valley Regional Water
Quality Control Board (RWQCB ), of which the project site area falls within the jurisdiction of.

Adherence to these regulations results in projects
incorporating measures that reduce pollutants. The
project will be required to adhere to municipal wastewater requirements set by the Central Valley RWQCB and any
permits issued by the agency.

Furthermore, there are no reasonably foreseeable
reasons why the project would result in the degradation of water quality.

The Visalia General Plan contains multiple polices,
identified under Impact 3.6 -2 and 3.9 -3 of the EIR, that together work to reduce the potenti al for impacts to water quality. With implementation of these policies and the existing City standards, impacts to water quality will be less than significant.
b. The project will not substantially deplete groundwater supplies in the project vicinity. The pr oject will be served by a water main for domestic, irrigation, and fire protection use. The project area overlies the southern portion of the San Joaquin unit of the Central Valley groundwater
aquifer. The project will result in an increase of impervious surfaces on the project site, which might affect the amount of precipitation that is recharged to the aquifer. However, as the City of Visalia is already largely developed and covered by impervious surfaces, the increase of
impervious surfaces through this project will be small by comparison. The project therefore might affect the amount of precipitation that is recharged to the aquifer. The City of Visalia’s water conversation measures and explorations for surface water use over groundwater extraction wil l assist in offsetting the loss in groundwater recharge.
c.
i. The development of this site will require movement of topsoil. Existing City Engineering Division standards
require that a grading and drainage plan be submitted
for review to the City to ensure tha t off - and on -site improvements will be designed to meet City
standards.

752
Environmental Document No. 2021-49
City of Visalia Community Development

ii. Development of the site will create additional
impervious surfaces. However, existing and planned
improvements to storm water drainage facilities as
required through the Visalia Ge neral Plan policies will reduce any potential impacts to a less than significant level.

Polices identified under Impact 3.6 -2 of the EIR will
reduce any potential impacts to a less than significant level. With implementation of these policies and the
existing City standards, impacts to groundwater
supplies will be less than significant.
iii. Development of the site will create additional
impervious surfaces. However, existing and planned
improvements to storm water drainage facilities as
required through the V isalia General Plan policies will reduce any potential impacts to a less than significant level.

Furthermore, the project will be required to meet the
City’s improvement standards for directing storm
water runoff to a temporary basin. The subdivis ion
will be designed to ultimately tie into the future storm drain basin. A capital improvement project is
currently under design for a regional storm drain
master plan in the area.
d. The project area is located sufficiently inland and distant from bodies of water, and outside potentially hazardous areas for seiches and tsunamis. The site is also relatively flat, which will contribute to the lack of impacts by mudflow occurrence. Therefore , there will be no impact related to these hazards.
e. Development of the site has the potential to affect
drainage patterns in the short term due to erosion and
sedimentation during construction activities and in the long term through the expansion of impervious surfaces. The City’s existing standards may require the preparation and implementation of a Storm Water Pollution Prevention
Plan (SWPPP) in accordance with the SWRCB’s General
Construction Permit process, which would address
erosion control measures.

The Visalia General Plan contains multiple polices,
identified under Impact 3.6 -1 of the EIR, that together work to reduce the potential for erosion. With
implementation of these policies and the existing City
standards, impacts to erosion will be less than significant.

XI. LAND USE AND PLANNING
a. The project will not physically divide an established community. The proposed project is to be developed on
land designated for residential development. The project site is surrounded is bordered by roadways on two sides and undeveloped land on the south and east . The
General Plan Land Use Diagram designates the
unincorporated areas to the south and east as Residential Low Density and Residential Medium Density. The project site has a County Zoning designation of AE -20 (Exclusive Agriculture) and when annexed into the City of Visalia, the pre-zoning for the project site will be R -1-5 (Single-Family Residential 5,000 square foot minimum lot area) which is consistent with the Gener al Plan Land Use Designation of Residential Low Density.

The project entails annexing 32.35 acres of property to facilitate the subdivision of the project site into a 174-lot single-family residential development, with local street connection throughout th e subdivision. The development will help facilitate additional residential units within the Tier 2 Urban Growth Boundary . The proposed subdivision is
compatible with the adjacent residential uses to the north and west.

The Visalia General Plan contains multiple polices,
identified under Impact 3.1-2 of the EIR, that together work to reduce the potential for impacts to the development of land as designated by the General Plan. With
implementation of these policies and the existing City
standards, impacts to land use development consistent
with the General Plan will be less than significant.
b. The project site is within the Urban Development Tier 2 Boundary. Development of lands in Tier 2 may occur if it does not result in an excess of a 10-year supply of
undeveloped residential land within Tier I . The proposed project is consistent with Land Use Policy LU -P-21 of the General Plan. Policy LU -P-21 states; “ Allow annexation and development of residential, commercial, regional
retail, and industrial land to occur within the Urban
Development Boundary (Tier II) … consistent with the
City’s Land Use Diagram...”
The project as a whole does not conflict with any land use plan, policy or regulation of the City of Visalia. The site’s General Plan Land Use Designation of Residential Low
Density, and the pre-zoning designation of Single-family Residential (R-1-5), is consistent with each other based on the underlying allowed land uses and density ranges as identified in Table 9 -1 “Consistency between the Plan and Zoning” of the General Plan. The City of Visalia’s Zoning Ordinance allows for single-family residences as permitted uses in their respective zones.

The proposed project will be consistent with the Land Use Element of the Gener al Plan, including Policy LU-P-55 for Residential Low Density development, and consistent with the standards pursuant to the Visalia Municipal Code Title 17 (Zoning Ordinance) Chapters 17.12.

XII. MINERAL RESOURCES
a. No mineral areas of regional or statewide importance exist within the Visalia area.
b. There are no mineral resource recovery sites delineated in the Visalia area.

XIII. NOISE
a. The project will result in noise generation typical of urban development, but not in excess of standards established in the City of Visalia’s General Plan or Noise Ordinance.

The Visalia Noise Element and City Ordinance contain
criterion for acceptable noise levels inside and outside residential living spaces. This standard is 65 dB DNL for outdoor activity areas associated with res idences and 45 dB DNL for indoor areas.

753
Environmental Document No. 2021-49
City of Visalia Community Development

Ambient noise levels will increase beyond current levels as a result of the project; however, these levels will be typical of noise levels associated with urban development and not in excess of standards established in the City of Visalia’s General Plan or Noise Ordinance. The City’s
standards for setbacks and construction of fences or walls along major streets and between residential uses reduce noise levels to a level that is less than significant. Noise associated with the establishment of new residential uses was previously evaluated with the General Plan for the
conversion of land to urban uses.

Noise levels will increase temporarily during the
construction of the project but shall remain within the limits defined by the City of Visalia Noise Ordinance. Temporary increase in ambient noise levels is considered to be less than significant.
b. Ground-borne vibration or ground -borne noise levels may occur as part of construction activities associated with the project. Construction activities will be temporary and will not expose persons to such vibration or noise levels for an extended period of time; thus, the impacts will be less than significant. There are no existing uses near the project area that create ground -borne vibration or ground -borne noise levels.
c. The project area is located in excess of six miles from a public airport. The project will not expose people residing or working in the project area to excessive noise levels resulting from aircraft operations.

XIV. POPULATION AND HOUSING
a. The project will not directly induce substantial unplanned population growth that is in excess of that planned in the General Plan.
b. Development of the site will not displace any housing or people on the site. The area being developed is currently vacant land.

XV. PUBLIC SERVICES
a.
i. Current fire protection facilities are located at the Visalia Station 56, located approximately one-quarter mile north of the property, and can adequately serve the site
without a need for alteration. Impact fees will be paid to mitigate the project’s proportionate impact on these
facilities.
ii. Current police protection facilities can adequately serve the site without a need for alteration. Impact fees will be paid to mitigate the project’s proportionate impact on
these facilities.
iii. The project w ill generate additional dwelling units, for which existing schools in the area may accommodate.
iv. Current park facilities can adequately serve the site without a need for alteration. Impact fees will be paid to mitigate the project’s proportionate impact on these
facilities.
v. Other public facilities can adequately serve the site without a need for alteration.

XVI. RECREATION
a. The proposed project does not include recreational
facilities or require the construction or expansion of
recreational facilities within the a rea that might have an adverse physical effect on the environment.
b. The proposed project does not include recreational
facilities or require the construction or expansion of
recreational facilities within the area that might have an adverse physical effect on the environment.

XVII. TRANSPORTATION AND TRAFFIC
a. Development and operation of the project is not
anticipated to conflict with applicable plans, ordinances, or policies establishing measures of effectiveness of the
City’s circulation system. The project will result in an increase in traffic levels on arterial and collector roadways, although the City of Visalia’s Circulation Element has been prepared to address this increase in traffic.
b. Development of the site will result in increased traffic in the area, but will not cause a substantial increase in traffic on the city’s existing circulation pattern.

The City of Visalia, in determining the significance of transportation impacts for land u se projects, recognizes the adopted City of Visalia Vehicle Miles Travelled ( VMT) Thresholds and Implementation Guidelines (“Guidelines”) recommended threshold as the basis for what constitutes a significant or less than significant transportation impact.

The Guidelines recommend a 16% reduction target based
on the Greenhouse Gas emission reduction target for
2035 for the Tulare County region set by the SB 375
Regional Plan Climate Target. Therefore, residential
projects exceeding 16% below the existing VMT per capita is indicative of a significant environmental impact.

For the metric measuring VMT per capita, a map of the
City of Visalia, produced by Tulare County Association of Governments (TCAG), provides areas with 84% or less
average VMT per trip di stance, or 16% below the regional average. In the subject site’s TAZ, the current average trip distance experienced is 8.75 miles and the regional
average is 11.9 miles . Based on this determination, it is presumed that the project will have a less than significant transportation impact
c. There are no planned geometric designs associated with the project that are considered hazardous.
d. The project will not result in inadequate emergency
access.

XVIII. TRIBAL CULTURAL RESOURCES
The proposed project would not 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 landscap e, sacred place, or object with cultural value to a California Na tive American tribe.
a. The site is not 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).
b. The site has been determined to not 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
754
Environmental Document No. 2021-49
City of Visalia Community Development

Section 5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

Further, the EIR (SCH 2010041078) for the 2014 General Plan update included a thorough review of sacred lands files through the Cali fornia Native American Heritage Commission.

The sacred lands file did not contain any known cultural resources information for the Visalia Planning Area.

Additionally, invitations for early consultation were sent to local tribes with a historic presence in the Visalia Planning Area. No responses were received from the letters that were mailed out.

XIX. UTILITIES AND SERVICE SYSTEMS
a. The project will be connecting to existing City sanitary sewer lines, consistent with the City Se wer Master Plan.

The Visalia wastewater treatment plant has a current rated capacity of 22 million gallons per day, but currently treats an average daily maximum month flow of 12.5 million
gallons per day. With the completed project, the plant has more th an sufficient capacity to accommodate impacts
associated with the proposed project. The proposed
project will therefore not cause significant environmental impacts.

The project site will be accommodated by an extension of the City’s sanitary sewer li nes. As part of the project, existing sanitary sewer main s will be extended across
Cherry Avenue . Usage of these lines is consistent with the City Sewer System Master Plan. These improvements
will not cause significant environmental impacts.
b. California Water Service Company has determined that there are sufficient water supplies to support the site, and that service can be extended to the site.
c. The City has determined that there is adequate capacity existing to serve the site’s projected wastewater treatment demands at the City wastewater treatment plant.
d. Current solid waste disposal facilities can adequately serve the site without a need for alteration.
e. The project will be able to meet the applicable regulations for solid waste. Removal of debris fr om construction will be subject to the City’s waste disposal requirements.

XX. WILDFIRE
a. The project is located on a site that surrounded by existing development to the north and west, however, the sites to the south and the east are currently undeveloped . The site will be further served by multiple points of access. In the event of an emergency response, coordination would
be made with the City’s Engineering, Police, and Fire
Divisions to ensure that adequate access to and from the site is maintained.
b. The project area is relatively flat and the underlying soil is not known to be unstable. Therefore, the site is not in a location that is likely to exacerbate wildfire risks.
c. The project is located on a site that surrounded by existing development to the north and west, however, the sites to the south and the east are currently undeveloped. The
proposed development will require the installation and
maintenance of associated infrastructure; however the
infrastructure would be typical of residential development and would be developed to the standards of the
underlying responsible agencies.
d. The project area is relatively flat and the underlying soil is not known to be unstable. Therefore, the site is not in a location that would expose persons or structures t o
significant risks of flooding or landslides.

XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a. The project will not affect the habitat of a fish or wildlife species or a plant or animal community. This site was
evaluated in the Program EIR (SCH No. 2010041078) for
the City of Visalia ’s Genera Plan Update for conversion to urban use. The City adopted mitigation measures for
conversion to urban development. Where effects were still determined to be significant a statement of overriding
considerations was made.
b. This site was evaluated in the Program EIR ( SCH No. 2010041078) for the City of Visalia General Plan Update for the area’s conversion to urban use. The City adopted mitigation measures for conversion to urban development.

Where effects were still determined to be significant a statement of overriding considerations was made.
c. This site was evaluated in the Program EIR ( SCH No. 2010041078) for the City of Visalia General Plan Update for conversion to urban use. The City adopted mitigation measures for conversion to urban development. Where
effects were still determined to be significant a statement of overriding considerations was made.
755
Environmental Document No. 2021-49
City of Visalia Community Development

DETERMINATION OF REQUIRED ENVIRONMENTAL DOCUMENT

On the basis of this initial evaluation:

X I find that the proposed project COULD NOT have a significant effect on the environment. 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 the mitigation measures described on the attached sheet have been added to the project. A MITIGATED N EGATIVE DECLARATION WILL BE PREPARED.

I find 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 e arlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that as a result of the proposed project no new effects could occur, or new mitiga tion measures would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution N o. 2014-37 adopted on October 14, 2014. THE PROGRAM ENVIRONMENTAL IMPACT REPORT WILL BE UTILIZED.

______________________________
Brandon Smith, AICP Date
Environmental Coordinator
April 12, 2022
Type text here
April 12, 2022
756
From: Susan Currier
To: Rafael Garcia
Cc: Paul Bernal
Subject: FW: Tentative Subdivision Higgins Ranch Annexation No. 2021-03 Date: Thursday, May 5, 2022 3:25:40 PM
Please see the email below

From: Craig MacDonald <[email protected]>
Sent: Thursday, May 5, 2022 3:23 PM
To: Susan Currier <[email protected]>
Subject: Tentative Subdivision Higgins Ranch Annexation No. 2021-03

Good afternoon, my name is Craig MacDonald and I reside at 3038 E. Beech Ct., in Visalia. I was recently notified that to the south of me a tentative subdivision "Higgins Ranch" Annexation No. 2021-03 is being planned. My wife and I strongly oppose this project. RM 5 zoning would be apartments and townhouses. We're burdened with the two story monopoly homes to the north of us and now the possibility of 174 of these "homes" which will really be rentals to the south. All these homes in such a small area will kill our home's value. There's also no infrastructure to support it.

I've always known something would be built there but 174 homes is way to many in a small area and not needed. Plus the developer has had numerous questionable legal issues and doesn't need to come destroy my neighborhood with this project. He's got plenty of open land near his own home to build a project like this...

Thank you,
Craig MacDonald

757
Resolution No. 2021-65
RESOLUTION NO. 2021-65

A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
VISALIA RECOMMENDING APPROVAL OF ANNEXATION NO. 2021-03

AND DETACHMENT OF PROPERTY FROM COUNTY SERVICE AREA
NO. 1, PERTAINING TO ONE PARCEL TOTALING 32.35-ACRES INTO THE CITY LIMITS OF VISALIA. UPON ANNEXATION, THE SITE SHALL BE ZONED R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT

MINIMUM), WHICH IS CONSISTENT WITH THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL. THE PROJECT

SITE IS LOCATED AT THE SOUTHEAST CORNER OF SOUTH LOVERS LANE AND EAST CHERRY AVENUE (APN: 127-030-018).

WHEREAS, the project proponents approve to initiate proceedings for annexation to said city of territory described on the attached legal description included as Attachment “A” of this resolution; and

WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, did hold a public hearing on May 9, 2022, and

WHEREAS, the proponent desires to annex said territory to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) W ill facilitate and contribu te to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) Will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and

WHEREAS, this proposal is made pursuant to the Cortese -Knox-Hertzburg Local Government Reor ganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and

WHEREAS, the territory proposed to be annexed is uninhabited; and

WHEREAS, the territory proposed to be annexed is located in Voting District 2 as identified in the Election District Map adopted by the City Council on February 22, 2022 per Resolution No. 2022-11; and

WHEREAS, the Planning Commission reviewed this proposal on May 9, 2022, and found it to be consistent with the General Plan; and

WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project; and

758
Resolution No. 2021-65
WHEREAS, the Planning Commission hereby makes the following findings with regard to the project:

1. That Annexation is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed Annexation , which will re -designate 32.35-acres of AE-20 (Agricultural Exclusive 20 -acre) County zone district to R -1-5 (Single -family Residential 5,000 square foot minimum site area ) City zone district, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the parcel is not located within an Agricultural Preserve.

4. That t he parcel is located within Voting District 2 per the Council Election Vot ing District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Negative Declaration No. 2021 -49, is hereby adopted. Furthermore, neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt Negative Declaration No. 2021 -49 for Annexation No. 2021 -03 and Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map 2022 -01 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Annexation described herein, subject to the following condition:

1. Upon annexation, the territory shall be zoned Single-Family Residential, 5,000 square foot minimum site area (R-1-5) consistent with the pre -zoning designated by the General Plan Land Use Map which designates the site as Low Density Residential.

2. That the applicant(s) enter into a Pre -Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft Pre-Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2021-65. The agreement is subject to final approval by the City Council of the City of Visalia.
759

REPORT TO CITY OF VISALIA PLANNING COMMISSION

HEARING DATE: May 9, 2022

PROJECT PLANNER: Rafael Garcia, Senior Planner
Phone No.: (559) 713-4031
Email: [email protected]

SUBJECT: Annexation No. 2021 -03: A request by Quest Equity, LLC, to annex one parcel totaling 32.35-acres into the City limits of Visalia, and to detach said parcel from Tulare County Service Area No. 1. This parcel is designated Residential Low Density in the Visalia General Plan Map and will be zoned R -1-5 (Single -family Residential) which is consiste nt with the Residential Low Density land use designation.

Higgins Ranch Tentative Subdivision Map No. 5585: A request by Quest Equity, LLC, Inc. to subdivide a 32.35-acre parcel into 174-lots for residential use with additional lots for landscaping and lighting district lots consistent with the R-1-5 (Single-family Residential) zone.

Tentative Parcel Map No. 2022-01: A request by Quest Equity, LLC, Inc. to subdivide a 32.35-acre parcel into 2-lots for phasing and financing.

Project Locat ion: The project site is located on the southeast corner of S outh Lovers Lane and East Cherry Avenue within the jurisdiction of the County of Tulare (APN: 127-030-018).

STAFF RECOMMENDATION
Annexation No. 2021-03
Staff recommends that the Planning Commission recommend that City Council approve Annexation No. 2021-03, as conditioned, based on the findings in Resolution No. 2021-65. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan.

Higgins Ranch Tentative Subdivision Map No. 5585
Staff recommends approval of the Higgins Ranch Tentative Subdivision Map No. 5585, as conditioned, based on the findings and conditions in Resolution No. 2021-66. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning and Subdivision Ordinances.

Tentative Parcel Map No. 2022-01
Staff recommends approval of Tentative Parcel Map No. 2022-01, as conditioned, based on the findings and conditions in Resolution No . 202 2-05. Staff’s recommendation is based on the conclusion that the request is consistent with the Visali a General Plan, Zoning and Subdivision Ordinances.

760

RECOMMENDED MOTION
I move to recommend approval of Annexation No. 2021-03, based on the findings and conditions in Resolution No. 2021-65.

I move to approve Higgins Ranch Tentative Subdivision Map No. 5585, based on the findings and conditions in Resolution No. 2021-66.

I move to approve Tentative Parcel Map No. 2022-01, based on the findings and conditions in Resolution No. 2022-05.

PROJECT DESCRIPTION
The applicant, Quest Equity, LLC, has filed entitlement applications for the annexation of a 32.35- acre parcel, a tentative subdivision map and a tentative parcel map. Annexation No. 2021-03 is a request to annex a 32.35-acre parcel located beyond the cit y limits and within Tulare County (see Exhibit “B”). The annexation application is requesting to annex the development site within the City. Upon annexation, the Zoning designation for the 32.35-acre parcel will be R-1-5 (Single- family Residential 5,000 square foot minimum site area) for the entire project site.

The Higgins Ranch tentative subdivision map is a request to subdivide the 32.35-acre parcel into a 174-lot single-family residential su bdivision at a density of 5.38 dwelling units per ac re (see Exhibit “A”). Most of the proposed lots will conform to the zoning standards required within the R- 1-5 zoning district for lot sizes of 5,000 square feet or greater . A total of 160 of the 174 lots will be a minimum of 5,000 square feet in area and will conform to the normal setbacks prescribed by the R-1-5 zoning district. The remaining balance of the lots will be less than 5,000 square feet (range between ±3,600 square feet to ±4,900 square feet) in area will utilize the setback standards prescribed as part of Visalia Municipal Code (VMC) Section 17.12.135.B of the zoning ordinance. No conditional use permit is necessary to establish the lots less than 5,000 square feet under this code section. The code section allows newly created lots to deviate from the required zoning standards so long as all the lots are minimum of 3,600 square feet in area. The small lots will have reduced setbacks along the front and rear yards but will comply with all other requirements as identified in Section 17.12.135 of the VMC with the exception of Section

17.12.135.4. The 14 lots will be located along the south border of the subdivision that abut the San Joaquin Valley Railroad and South California Edison (SCE) transmission lines. Due to the SCE transmission lines, SCE is requiring a 25-foot easement along the rear property lines of Lots 152 through 165 of the Higgins Ranch Subdivision. The SCE easement will prohibit any structure from being located within the required 25-foot easement as noted on the tentative subdivision map. This is discussed in greater detail in the Development Standards section of the staff report.

The proposed single -family subdivision will be serviced by 60 -foot wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks, and streetlights), sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water). Primary access to the subdivision will be from Lovers Lane, an arterial street , and Cherry Avenue, a local roadway. Both streets will be improved to their ultimate right -of-way width within the boundaries of the Higgins Ranch subdivision. Improvements along these major streets include construction of curb, gutter, parkway landscaping, sidewalks, block wall, installation of park strip landscaping, streetlights, and undergrounding of utility lines. The street improvements associated with this subdivision are discussed in greater detail in the Lovers Lane and Cherry Avenue Improvements and Local Street Connectivity section of the staff report.

761

The subdivision map will also create lettered lots for Landscaping and Lighting District (LLD) purposes. The LLD lots will contain landscaping and six -foot tall block walls along Lovers Lane and a portion of Cherry Avenue adjacent to lots 70 and 71. The LLD lots will also extend around to the street sides on the corner lots adjacent to “D” Street abutting against lots 84 and 149.

The Parcel Map will also subdivide the area into two sites for phasing purposes. Phase I will be approximately 19.05 acres in area and will include 100 lots. Phase II will be approximately 13.30 acres in area and will include 74 lots. The 32.35-acre project site is currently undeveloped with an active walnut farm that will continue to operate until the site is ready for development. The parcel is surrounded by a residential subdivision to the north, a church to the west and undeveloped lots within the county’s jurisdiction to the east and south. The project site also abuts a canal belonging to the Tulare Irrigation District to the east and southeast as well as railroad tracks along the south operated by San Joaquin Valley Railroad.

BACKGROUND INFORMATION
General Plan Land Use Designation: Residential Low Density City Zoning: R-1-5 (Single-family Residential, 5,000 sq uare foot minimum lot size)
Surrounding Zoning and Land Use: North: R-1-5 / Residential subdivision South: County AE-20 (Agricultural Exclusive 20-acre
County jurisdiction) / Undeveloped Land
East: County AE-20 (Agricultural Exclusive 20-acre
County jurisdiction) / Undeveloped Land
West: R-1-5 / Lovers Lane (Arterial street), Parcel
currently improved with church building
Environmental Review: Initial Study / Negative Declaration No. 2021-49 Special Districts: None
Site Plan Review: SPR No. 2021-157, 2021-219 and 2022-044

RELATED PLANS & POLICIES
Please see attached summary of related plans and policies.

SIMILAR PROJECTS
None.

PROJECT EVALUATION
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan. Specifically, the annexation will facilitate a residential subdivision development on a 32.35-acre site in a manner that is consistent with resi dential neighborhoods in the area .

Furthermore, staff recommends approval of Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022 -01 based on the project’s consistency with the Land Use Element of the General Plan, and the Zoning and Subdivision Ordinances for approval of the tentative subdivision map. The following potential issue areas have been analyzed for the proposed project.

762

General Plan Consistency
The proposed 174-lot single -family residential subdivision on 32.35-acres is compatible with existing residential development adjacent to the area. The project is consistent with Land Use Policy LU-P-21 of the 2014 General Plan, which states that the city should “Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Dia gram”. The proposed site is within the County of Tulare and is adjacent to developed sites to the north and west. Existing utility infrastructure (i.e., sewer, storm and water) can be provided to accommodate the project at buildout. Further, the site is in the Urban Development Boundary (UDB) Tier 2, which allows for immediate development upon successful annexation. Visalia met the residential land use thresholds for expanding into the Tier 2 growth boundary in July 2021.

Furthermore, the project is consistent with Policy LU -P-55. The policy allows for residential development consistent with the Low Density Residential designation at a density range between two to ten dwelling units per gross acre. The proposed development will be de veloped at a residential density of 5.38 units per acre consistent with the Low Density Residential General Plan land use designation as well as the R -1-5 zoning district. The policy states: “this designation is intended to provide for single-family subdivisions.” Compatibility with the surrounding area is required by the General Plan in the decision to approve the proposed subdivision. The proposed subdivision meets all of the codified standards contained in the Zoning and Subdivision Ordinances, as well as all General Plan policies pertaining to residential development. Staff finds that the proposed tentative subdivision map is compatible with the surrounding area and the Low Density Residential land use designation.

Annexation No. 2021-03
The project proponents have also filed an application to initiate the annexation of the 32.35-acre parcel (i.e., Annexation No. 2021 -03). This is required in order to annex the site into the City’s land use jurisdiction. The Annexation can be supported on the basis that the proposed use is consistent with Land Use Policy LU -P-21, which allows for the annexation and development of residential land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram. The site can be service d with all of the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by the local agency formation commission , but cannot approve the final subdivision map until after the land is annexed and the annexation is recorded through the Tulare County Recorder . Staff has included this requirement as Condition No. 3 of the Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01.

Lovers Lane and Cherry Avenue Improvements and Local Street Connectivity The developer of the subdivision will be required to construct major street improvements along both South Lovers Lane and East Cherry Avenue. Improvements along the subdivision frontage for these major streets include improving these streets to their ultimate right-of-way design.

Lovers Lane is a designated 110-foot wide arterial street . Improvements along the right of way within the boundaries of the subdivision map include improving the street to its full width which will include a Class II bike lane, curb, gutter, sidewalk s, streetlights, block wall and la ndscaping along the east side of the street . Lovers Lane is currently improved with two south bound and two northbound lanes, but there is no curb, gutter, sidewalks, streetlights, block wall or landscaping along the east side of the street. The landscaping frontage along Lovers Lane is required to be dedicated as part of a Landscape and Lighting District which will be formed with the subdivision map. The Landscape and Lighting District lots are identified as out-lots “A” and “B” of the Higgins Ranch tentative subdivision map (see Exhibit “A”). The establishment of the 763

district provides maintenance of the landscape lots, block walls, street pavement and street lighting. Also, as noted in the Engineering Division’s Site Plan Review comments, all new utilities that will service the residential subdivision will be placed underground.

No changes are proposed as part of the existing median island on Lovers Lane. The Lovers Lane and Cherry Avenue intersection will be limited to right-in, right-out, and left-in traffic movements, while the Lovers Lane and “D” Street intersection will be limited to right-in and right-out only. No new left-turn pocket will be required along this segment of Lovers Lane.

Cherry Avenue is a 56-foot wide local street. Full street improvements along Cherry Avenue include a street widening, new curb , gutter, parkway landscaping and new sidewalk along the south side of the roadway fronting the new development. The north side of the roadway has been improved as part of the improvements that were required as part of the residential subdivision to the north. The landscaping frontage along Cherry Avenue adjacent to lots 70 and 71 is required to be dedicated to a Landscape and Lighting District which will be formed with the subdivision map. The Landscape and Lighting District lot is identified as out-lot “A” of the Higgins Ranch tentative subdivision map (see Exhibit “A”). In addition, as noted in the Engineering Division’s Site Plan Review comments , all new utilities required to service the residential subdivision will be required to be undergrounded.

Local Street Connectivity : The 174-lot subdivision is designed to comply with the City’s Engineering Improvement Standards “P -15 – Super Block Connectivity”. This improvement standard provides for access via the local street connectivity pattern within a superblock thereby reducing trips onto arterial and collector streets. The superblo ck connectivity design allows for interconnectivity between and within neighborhoods. The local street connection proposed within the 174-lot subdivision provides for the local street stub-out connection to a future subdivision located to the east of the project site which will be accessible via “E” Street as shown on Exhibit “A”. The city will require that the street connection up to the ditch easement with temporary barricade be installed as part of Phase I of the development. The applicant will also be required to submit a deposit of 50 percent of the cost associated with the required culvert crossing.

Development Standards
Most of the proposed lots will utilize standard single -family residential standards for lot size and setbacks. The lots will be required to meet R -1-5 zoning standard setback standards, described in further detail in VMC chapter 17.12 (see attached Related Plans and Policies). However, 14 of the 174 lots will utilize lot sizes and setbacks that will deviate from the conventional R-1-5 zoning standards. The 14 lots will be less than 5,000 square feet in area (ranging between 3,600 and 4,999 square feet) and will ut ilize setback standards prescribed as part of VMC Section

17.12.135.B. of the zoning code. The lots are located along the southern boundary of the subdivision and are adjacent to a Southern California Edison easement that will be required for SCE transmission lines located along the southern border of the subdivision. The easement will prevent any development or structures within 25 feet from the rear property lines of lots 152 through 165. The easement will reduce the buildable area for the 14 lots to less than 5,000 square feet. VMC Section 17.12.135 allows newly created lots to deviate from the required zoning standards so long as all the lots are a minimum of 3,600 square feet in area. All lots that are a minimum of 5,000 square feet in area will have a minimum lot depth between ±93 to ±110 feet with the exception of the lots located on cul -de-sac or knuckle street bulbs. These lots will also be required to utilize standard single -family residential setback standards but are permitted to have a 20-foot setback for front-loading garages as identified in Section 17.12.080.C of the Zoning Ordinance. Lots less than 5,000 square feet in area are required to be a minimum of 46 feet in width by 70 feet in depth as prescribed by VMC Section 17.12.135.B. Reduced setbacks are also allowed along the front and rear yard setbacks as outlined on the breakdown below. 764

The setbacks within the R-1-5 zone for lots 5,000 square feet or greater are as follows:

Minimum Lot
Area Front Side Street Side Rear
5,000 sq. ft.
15-ft. to
habitable space.
22-ft. to garage
5-ft. 10-ft. 25-ft.

The setbacks for the R -1-5 zone for lots that are between 3,600 and 4,999 square feet in area are as follows:

Minimum Lot
Area Front Side Street Side Rear
3,600 to 4,999
sq. ft.
12-ft. to
habitable space
20-ft. to garage
5-ft. 10-ft. 15-ft.

Landscape and Lighting Assessment District and Block Walls A Landscaping and Lighting District (LLD) will be required for the long -term maintenance of the out lots (Lots A through C), which include blocks walls, landscaping, streets lights and a small park as noted on Exhibit “A”. The block walls along the major street frontages will be typical City standard 6-foot, 8-inch block walls. The block wall height shall be reduced to three feet where the block wall runs adjacent to the front yard setback along the front yard areas of the adjoining residential lots. The three-foot transition areas can be found between the corner residential lots and the local streets heading into the subdivision from South Lovers Lane . Staff has included Condition No. 6 to require the stepped down walls.

Infrastructure

Water Service: Staff received correspondence (Exhibit “D”, attached herein) from the California Water Service Company (Cal Water) , indicating that Cal Water agrees to operate the water system and provide service in accordance with the rules and regulations of th e California Public Utilities Commission. The determination of water availability shall remain valid for two years from the date of their letter , January 11 , 202 2. The letter also states that if the project does not commence within the two -year time frame, Cal Water will be under no obligation to serve the project site unless the developer receives an updated letter from Cal Water reconfirming water availability. In addition, the letter can be rescinded at any time in the event that water supply is severely reduced by legislative, regulatory or environmental factors. Staff has included Condition No. 7 that requires the developer to obtain a valid Will Serve Letter from the California Water Service Company if, prior to development of the subdivision, the determination of water availability letter lapses.

Sanitary Sewer: The sewer system will have to be extended to the boundaries of the development where future connection and extension is anticipated. The sewer system will be sized in order to service the entire subdivision. The sanitary sewer master plan for the entire development will be required to be submitted for approval prior to approval of any portion of the system.

765

Storm Drainage: The subdivision will be required to provide a temporary retention basin for storm water drainage. Coordination with the City Engineer as part of the master storm infrastructure plan will be necessary to design the subdivision accordingly to ultimately tie into a future storm drain basin. A capital improvement project is currently under design for a regional storm drain master plan in the area. A temporary easement will be required over the lots (170 to 174) impacted by the temporary basin and any backfill stockpiles.

Subdivision Map Act Findings
California Government Code Section 66474 lists seven findings for which a legislative body of a city or county shall deny approval of a tentative map if it is able to make any of these findings.

These seven “negative” findings have come to light through a recent California Court of Appeal decision (Spring Valley Association v. City of Victorville ) that has clarified the scope of findings that a city or county must make when approving a tentative map under the California Subdivision Map Act.

Staff has reviewed the seven findings for a cause of denial and finds that none of the findings can be made for the proposed project. The seven findings and staff’s analysis are below.

Recommended finings in response to this Government Code section are included in the recommended findings for the approval of the tentative subdivision and tentative parcel map.

GC Section 66474 Finding Analysis
(a) That the proposed map is not consistent with
applicable general and specific plans as specified
in Section 65451.

The proposed map s have been found to be
consistent with the City’s General Plan. This is
included as recommended Finding No. 1 of the
Tentative Subdivision and Tentative Parcel Maps.

There are no specific plans applicable to the
proposed maps.
(b) That the design or improvement of the
proposed subdivision is not consistent with
applicable general and specific plans.

The proposed design and improvement of the
maps have been found to be consistent with the
City’s General Plan. This is included as
recommended Finding No. 1 of the Tentative
Subdivision and Tentative Parcel Maps. There are
no specific plans applicable to the proposed maps.
(c) That the site is not physically suitable for the
type of development.

The site is physically suitable for the proposed
maps and its affiliated development plan, which is
designated as Low Density Residential and
developed at a density of 5.38 units per acre. This
is included as recommended Finding No. 3 of the
Tentative Subdivision and Tentative Parcel Maps.
(d) That the site is not physically suitable for the
proposed density of development.

The site is physically suitable for the proposed
maps and its affiliated development plan, which is
designated as Low Density Residential. This is
included as recommended Finding No. 4 of the
Tentative Subdivision and Tentative Parcel Maps.
(e) That the design of the subdivision or the
proposed improvements are likely to cause
substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat.

The proposed design and improvement s of the
maps have not been found likely to cause
environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. This finding is further supported by the project’s
determination of no new effects under the
Guidelines for the Implementation of the California
766

Environmental Quality Act (CEQA), included as
recommended Finding No . 6 of the Tentative
Subdivision and Tentative Parcel Maps.
(f) That the design of the subdivision or type of
improvements is likely to cause serious public
health problems.

The proposed design of the map has been found
to not cause serious public health problems. This
is included as recommended Finding No. 2 of the
Tentative Subdivision and Tentative Parcel Maps.
(g) That the design of the subdivision or the type
of improvements will conflict with easements,
acquired by the public at large, for access through
or use of property within the proposed
subdivision.

The proposed design of the map s do not conflict
with any existing or proposed easements located
on or adjacent to the subject property. This is
included as recommended Finding No. 5 of the
Tentative Subdivision and Tentative Parcel Maps.

Environmental Review
An Initial Study and Negative Declaration were prepared for the proposed project. Initial Study and Negative Declaration No. 2021 -49 disclosed that environmental impacts are determined to be not significant. Staff concludes that Initial Study and Negative Declaration No. 2021 -49 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level.

RECOMMENDED FINDINGS
Annexation No. 2021-03

2. That the proposed Annexation , which will re -designate 32.35-acres of AE-20 (Agricultural Exclusive 20-acre) County zone district to R-1-5 (Single-family Residential) City zone district, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the parcel is not located within an Agricultural Preserve.

4. That the parcel will be annexed into Voting District 2 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Negative Declaration No. 2021-49, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish, wildlife or their habitat.

767

Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01

1. That the proposed location and layout of the Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01, its improvements and design, and the conditions under which it will be maintained is consistent with the policies and intent of the General Plan and Zoning Ordinance and Subdivision Ordinance. The 32.35-acre project site, which is the site of the proposed 174-lot single-family residential subdivision, is consistent with Land Use Policy LU -P-21 of the General Plan. Policy LU -P-21 allows for the “ annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”.

2. That the proposed Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022 -01, its improvement s and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent land uses. The project site is bordered by existing residential development and two major streets.

3. That the site is physically suitable for the proposed tentative subdivision map . The Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022 -01 is consistent with the intent of the General Plan and Zoning Ordinance and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision establishes a local street pattern that will serve the subject site and the future development of vacant parcels located to the west of the subject site.

4. That the site is physically suitable for the proposed tentative subdivision and tentative parcel maps and the project’s density, which is consistent with the underlying Low Density Residential General Plan Land Use Designation. The proposed location and layout of the Higgins Ranch Tentative Subdivision Map No. 5585, its improvement and design, and the con ditions under which it will be maintained is consistent with the policies and intent of the General Plan and Zoning Ordinance and Subdivision Ordinance. The 32.35-acre project site, which is the site of the proposed 174-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21.

5. That the proposed Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01, design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 174-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. The development of the site with a 174-lot single-family residential subdivision would extend local streets, infrastructure improvements, utilities, right - of-way improvements and a residential lot pattern consistent with existing residential development found in the area. The project will include the construction of local streets within the subdivision, connection stub out to a future subdivision to the east and frontage street improvements along both South Lovers Lane and East Cherry Avenue.

6. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Negative Declaration No. 2021-49, is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements is not likely to neither cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

768

RECOMMENDED CONDITIONS
Annexation No. 2021-03

1. Upon annexation, the territory shall be zoned Single -Family Residential, 5,000 square foot minimum (R-1-5) consistent with the pre -zoning designated by the General Plan Land Use Map.

2. That the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other c onditions applicable to the annexation. The draft Pre- Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2021-65. The agreement is subject to final approval by the City Council of the City of Visalia.

Higgins Ranch Tentative Subdivision Map No. 5585

1. That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2021- 157 and 2021-219 incorporated herein by reference.

2. That the Higgins Ranch Tentative Subdivision Map No. 5585 be prepared in substantial compliance with the subdivision map in Exhibit “A”.

3. That approval of the Higgins Ranch Tentative Subdivision Map No. 5585 shall not become effective unless Annexation No. 2021-03, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditio ns contained in the Pre -Annexation Agreement for Annexation No. 2021-03.

4. That all lots that are a minimum of 5,000 square feet in area shall comply with the R -1-5 (Single-Family Residential 5,000 sq. ft. min. site area) zone district standards for the front, side, street side yard, and rear yard setbacks.

5. That all lots that are less than 5,000 square feet in area shall comply with the R -1-5 zoning district standards contained as part of Visalia Municipal Code Section 17.12.135.

6. That the block walls loca ted within the Landscape and Lighting District lots shall transition to three-foot height within the 15-foot front yard setback areas of the adjoining residential identified as Lots 84 and 149 of the Higgins Ranch Tentative Subdivision Map No. 5585 (Exhibit “A”).

7. That if, prior to development of the subdivision , the determination of water availability letter lapses, then the applicant/developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.

8. That Street “E” shall be designed as a “stub” street connection to facilitate future local street connectivity to the east per the City’s Engineering Improvement Standards P-15 Super Block Connectivity. The street connection up to the ditch easement with temporary barricade shall be installed as part of Phase I of the development. The applicant shall also be required to submit a deposit of 50 percent of the cost associated with the required culvert crossing.

9. That all applicable federal, state, regional, and city policies and ordinances be met.

Tentative Parcel Map No. 2022-01

1. That the project be developed consistent with the comments and conditions of the Site Plan Review No. 2022-044.

2. That Tentative Parcel Map No. 2022 -01 be prepared in substantial compliance with Exhibit “C”.
769

3. That approval of the Tentative Parcel Map No. 2022-01 shall not become effective unless Annexation No. 2021 -03, placing the project site with in the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the Pre -Annexation Agreement for Annexation No. 2021-03.

4. That all other federal, state and city codes, ordinances and laws be met.

APPEAL INFORMATION
Annexation
For the Annexation, the Planning Commission’s recommendation is advisory only. The final decision will be by the Visalia City Council following a public hearing. Therefore, the Planning Commission’s recommendation in this matter is not appealable.

Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01 According to the City of Visalia Subdivision Ordinance Section 16.28.080 , an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe St., Visalia, CA . The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record.

The appeal form can be found on the City’s website www.visalia.city or from the City Clerk.

Attachments:
• Related Plans and Policies
• Resolution No. 2021-65 – Annexation No. 2021-03
- Attachment “A” – Annexation Area
- Attachment “B” – Annexation Agreement
• Resolution No. 2021-66 – Higgins Ranch Tentative Subdivision Map No. 5585 • Resolution No. 2022-05 – Tentative Parcel Map No. 2022-01 • Exhibit "A" – Higgins Ranch Tentative Subdivision Map No. 5585 • Exhibit “B” – Annexation Area
• Exhibit “C” – Tentative Parcel Map No. 2022-01
• Exhibit “D” – California Water Service Company Will Serve Letter • Initial Study / Negative Declaration No. 2021-49
• Site Plan Review Item No. 2021-157, 2021-219 and 2022-044 • General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map

770

RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:

General Plan Land Use Policies:

LU-P-21: Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) and the Urban Growth Boundary (Tier III) consistent with the City’s Land Use Diagram, according to th e following phasing thresholds: • “Tier II”: Tier II supports a target buildout population of approximately 178,000.

The expansion criteria for land in Tier II is that land would only become available for development when building permits have been issued in Tier I at the following levels, starting from April 1, 2010:

Residential: after permits for 5,850 housing units have been issued.

LU-P-55: Update the Zoning Ordinance to reflect the Low Density Residential designation on the Land Use Diagram for development at 2 to 10 dwelling units per gross acre, facilitating new planned neighborhoods and infill development in established areas. This designation is intended to provide for single-family detached housing with densities typical of single-family subdivisions. Duplex units, townhouses, and small-lot detached housing may be incorporated as part of Low Density Residential developments. Development standards will ensure that a desirable single-family neighborhood character is maintained.

771

Zoning Ordinance Chapter for R-1 Zone
Chapter 17.12
R-1 SINGLE-FAMILY RESIDENTIAL ZONE

17.12.010 Purpose and intent.

In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one- family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.

17.12.015 Applicability.

The requirements in this chapter shall apply to all property within R-1 zone districts.

17.12.020 Permitted uses.

In the R-1 single-family residential zones, the following uses shall be permitted by right:

A. One-family dwellings;
B. Raising of fruit and nut trees, vegetables and horticultural specialties; C. Accessory structures located on the same site with a permitted use including private garages and carports, one guest house, storehouses, garden structures, green houses, recreation room and hobby shops;
D. Swimming pools used solely by persons resident on the site and their guests; provided, that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard;
E. Temporary subdivision sales offices;
F. Licensed day care for a maximum of fourteen (14) children in addition to the residing family; G. Twenty-four (24) hour residential care facilities or foster homes, for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provisions of Chapter 17.48;
I. The keeping of household pets, subject to the definition of household pets set forth in Section

17.04.030;
J. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200; K. Adult day care up to twelve (12) persons in addition to the residing family; L. Other uses similar in nature and intensity as determined by the city planner; M. Legally existing multiple family units, and expansion or reconstruction as provided in Section

17.12.070.

N. Transitional or supportive housing for six (6) or fewer resident/clients.

O. In the R-1-20 zone only, the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling;
772

P. In the R-1-20 zone only, the raising of livestock, except pigs of any kind, subject to the exception of not more than two cows, two horses, four sheep or four goats for each site, shall be permitted; provided, that there be no limitation on the number of livestock permitted on a site with an area of ten acres or more and provided that no stable be located closer than fifty (50) feet to any dwelling on the site or closer than one hundred (100) feet to any other dwelling;

17.12.030 Accessory uses.

In the R-1 single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:

A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.12.100(B).

C. Cottage Food Operations subject to the provisions of Health and Safety Code 113758 and Section

17.32.035.

17.12.040 Conditional uses.

In the R-1 single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:

A. Planned development subject to the provisions of Chapter 17.26; B. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions; C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases; D. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations, i.e., community water service wells; H. Communications equipment buildings;
I. Planned neighborhood commercial center subject to the provisions of Chapter 17.26; J. Residential development specifically designed for senior housing; K. Mobile home parks in conformance with Section 17.32.040; L. [Reserved.] M. Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this article and in which the private streets are designed and constructed to meet or exceed public street standards; N. Adult day care in excess of twelve (12) persons;
O. Duplexes on corner lots;
P. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family;
Q. Residential structures and accessory buildings totaling more than ten thousand (10,000) square feet; R. Other uses similar in nature and intensity as determined by the city planner. 773

S. Transitional or supportive housing for seven (7) or more resident/clients.

17.12.050 Site area.

The minimum site area shall be as follows:

Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:

Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way.

17.12.060 One dwelling unit per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J).

17.12.070 Replacement and expansion of legally existing multiple family units.

In accordance with Sections 17.12.020 legally existing multiple family units may be expanded or replaced if destroyed by fire or other disaster subject to the following criteria:

A. A site plan review permit as provided in Chapter 17.28 is required for all expansions or replacements.

B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single-family units in the neighborhood. Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review committee shall be subject to the appeals process set forth in Chapter 17.28.050.

C. Setbacks and related development standards shall be consistent with existing single-family units in the neighborhood.

D. Parking requirements set forth in Section 17.34.020 and landscaping requirements shall meet current city standards and shall apply to the entire site(s), not just the replacement unit(s) or expanded area, which may result in the reduction of the number of units on the site.

E. The number of multiple family units on the site shall not be increased.

F. All rights established under Sections 17.12.020and 17.12.070 shall be null and void one hundred eighty (180) days after the date that the unit(s) are destroyed (or rendered uninhabitable), unless a building permit has been obtained and diligent pursuit of construction has commenced. The approval of a site plan review permit does not constitute compliance with this requirement.

17.12.080 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front-loading garages or other parking facilities, such as, but not limited to, carports, shade 774

canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.

C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages.

17.12.090 Side yards.

A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.

B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.

C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.

D. On corner lots, all front-loading garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.

E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review committee.

F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots.

This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.

17.12.100 Rear yard.

In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:

A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.

B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.

C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits. 775

17.12.110 Height of structures.

In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).

17.12.120 Off-street parking.

In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34.

17.12.130 Fences, walls and hedges.

In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030.

17.12.135 Lot area less than 5,000 square feet.

A. Notwithstanding Section 17.12.050, lots in the R-1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:

1. The Planning Commission finds that the development's overall density is consistent with the General Plan.

2. The maximum number of lots less than 5,000 square feet that may be approved by a tentative subdivision map shall be fifty (50) percent or less of the total lots.

3. Streets shall be constructed to public street standards.

4. Each subdivision with at least 15 lots that are less than 5,000 square feet in size shall make available to buyers at least three (3) different small lot floor plans with at least four (4) available elevation designs for each floor plan to construct on those lots.

5. The primary frontage of the dwelling unit shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

6. The primary frontage of the dwelling unit shall include the primary entrance and at least one window.

7. Required covered parking spaces shall be in garages. Carports are prohibited.

8. The width of the garage shall not be greater than fifty (50) percent of the width of the dwelling unit.

9. The garage shall not extend beyond the front building facade (living area.)

10. All dwelling units shall include a covered front porch at least four (4) feet deep and six (6) feet wide or an uncovered front courtyard at least five (5) feet wide and five (5) feet deep that is surrounded on four sides by the dwelling unit or a wall or fence between three (3) and four (4) feet high with a pedestrian gate or entryway.

11. The building official shall not approve a building permit for a new dwelling unit on a lot with a lot area less than 5,000 square feet until the city planner, or designee, has determined that the standards identified in this section are met.

12. The subdivision shall provide a common, usable open space area of a minimum 3,000 square feet or two hundred fifty (250) square feet per lot under 5,000 square feet, whichever is greater. The area shall be landscaped and maintained with funding from either a homeowner's association or a landscape and lighting act district.

B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:

1. The minimum lot depth shall be seventy (70) feet.

2. The minimum lot width shall be forty-six (46) feet for interior lots and fifty-one (51) feet for corner lots.
776

3. The minimum front building setback area shall be twelve (12) feet for livable space and twenty (20) feet for garages.

4. The minimum rear yard building setback area shall be fifteen (15) feet.

5. The minimum interior side yard building setback area shall be five (5) feet.

6. The minimum corner side yard building setback area shall be ten (10) feet.

7. The maximum building height shall be thirty-five (35) feet.

8. Lots shall provide for a usable open space area of a minimum three hundred (300) square feet. The open space shall be a minimum fifteen (15) feet wide.

C. Lots less having a lot area of 3,600 square feet, or lots that do not meet the standards in this section may be approved through the planned development permit process per Chapter 17.26. (Ord. 2017-01 (part), 2017)

777
0 10020030050
Feet
Tentative Subdivision Map No. 5585, Tentative Parcel Map No. 2022-01 and Annexation No. 2021-03 The project site is located on the southeast corner of South Lovers Lane and East Cherry Avenue (APN: 127-030-018).

General Plan
Land Use Map
E Walnut Ave
S Lovers Lane
E Cherry Ave
E K Ave
S M
c Auliff St
E Mary Ave S Simon StE Laura Ct
E Harter Ave
E Beech Ct
E La Vida Ave
E Laura Ave
E Harter Ct
S Palm
St
E Seeger Ave
S Spruce St
E Beech Ave
S Cedar St
S M
aple St
S Arkle St
S Vista St
S Lebec St
S Velie St
S M
anzanita Ct
S Aubree St
E Harter Ct
E Cherry Ave
E Seeger Ave
S Cedar St
E Laura Ct
S M
aple St
E Mary Ave
E Beech Ct
S Cedar St
TULARE IRRI. DIST.

CAMERON

PACKWOOD
Vicinity Map

PARCELS
Conservation
Commercial Neighborhood
Public Institutional
Residential High Density
Residential Low Density
Residential Medium Density
.

Goshen
Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
778
0 10020030050
Feet
Tentative Subdivision Map No. 5585, Tentative Parcel Map No. 2022-01 and Annexation No. 2021-03 The project site is located on the southeast corner of South Lovers Lane and East Cherry Avenue (APN: 127-030-018).

Zoning Map
E Walnut Ave
S Lovers Lane
E Cherry Ave
E K Ave
S M
c Auliff St
E Mary Ave S Simon St
E Harter Ave
E Laura Ct
E Beech Ct
E La Vida Ave
E Laura Ave
E Harter Ct
E Vassar Ct
S Palm
St
S Spruce St
E Seeger Ave
E Beech Ave
S Cedar St
S M
aple St
S Arkle St
S Vista St
S Lebec St
S Velie St
S M
anzanita Ct
S Aubree St
E Harter Ct
E Cherry Ave
E Seeger Ave
S Cedar St
E Laura Ct
S M
aple St
E Mary Ave
E Beech Ct
S Cedar St
TULARE IRRI. DIST.

CAMERON

PACKWOOD
Vicinity Map

PARCELS
Neighborhood Commercial
Quasi-Public
Single-family Residenital 5000 SF
Multi-family Residenital 3000 SF
Multi-family Residenital 1200 SF
County Areas
.

Goshen
Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
779
0 10020030050
Feet
Tentative Subdivision Map No. 5585, Tentative Parcel Map No. 2022-01 and Annexation No. 2021-03 The project site is located on the southeast corner of South Lovers Lane and East Cherry Avenue (APN: 127-030-018).

Aerial Photo
E Walnut Ave
S Lovers Lane
E Cherry Ave
E K Ave
S M
c Auliff St
E Mary Ave S Simon St
E Harter Ave
E Laura Ct
E Beech Ct
E La Vida Ave
E Laura Ave
E Harter Ct
S Palm
St
E Seeger Ave
E Beech Ave
S Cedar St
S M
aple St S Vista St
E Sunnyside Ave
S Lebec St
S Velie St
S Spruce Ct
S M
anzanita Ct
E Monte Vista Ave
S Aubree St
E Cherry Ave
E Seeger Ave
E Harter Ct
E Laura Ave
S Cedar St
E Mary Ave
S Cedar St
TULARE IRRI. DIST.

CAMERON

PACKWOOD
Vicinity Map
Photo Taken March 2020
.

Goshen
Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
780
0 10020030050
Feet
Tentative Subdivision Map No. 5585, Tentative Parcel Map No. 2022-01 and Annexation No. 2021-03 The project site is located on the southeast corner of South Lovers Lane and East Cherry Avenue (APN: 127-030-018).

Vicinity Map
E Walnut Ave
S Lovers Lane
E Cherry Ave
E K Ave
S M
c Auliff St
E Mary Ave S Simon St
E Harter Ave
E Laura Ct
E Beech Ct
E Laura Ave
E La Vida Ave
E Harter Ct
S Palm
St
E Beech Ave
E Seeger Ave
S Cedar St
S M
aple St S Vista St
E Sunnyside Ave
S Laguna Ct
S Lebec St
S Velie St
S Spruce Ct
S M
anzanita Ct
E Monte Vista Ave
S Aubree St
E Laura Ave
E Cherry Ave
E Seeger Ave
E Harter Ct
S Cedar St
E Mary Ave
TULARE IRRI. DIST.

CAMERON

PACKWOOD
Vicinity Map .

Goshen
Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
781
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0249 Agenda Date: 6/20/2022 Agenda #: 1.

Agenda Item Wording:

For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Buhl Properties, LLC a California limited liability company APN: 119-340-012 (portion)
Purpose: Caldwell Widening Project - Akers to Shady
Brief Description: Temporary Construction Easement
Price: $3,100.00
Closing Date: 6/13/2022
Project Manager: Fred Lampe
***************************************************************** Buyer: City of Visalia
Seller: Buhl Properties, LLC a California limited liability company APN: 119-340-012 (portion)
Purpose: Caldwell Widening Project - Akers to Shady
Brief Description: Temporary Construction Easement
Price: $3,100.00
Closing Date: 6/13/2022
Project Manager: Fred Lampe
Visalia City Council Printed on 6/17/2022Page 1 of 1
powered by Legistar™
782
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0261 Agenda Date: 6/20/2022 Agenda #: 1.

Agenda Item Wording:

Upcoming Visalia City Council Meetings:

Monday, July 18, 2022 at 7:00 PM: Regular Meeting, City Hall, 707 W. Acequia Monday, August 1, 2022 at 7:00 PM; Regular Meeting, City Hall, 707 W. Acequia Visalia City Council Printed on 6/17/2022Page 1 of 1
powered by Legistar™
783

Visalia City CouncilJune 20, 2022

Visalia City Council
June 20, 2022