Agenda packet — Visalia City Council, February 21, 2023 (part 1 of 2)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
Tuesday, February 21, 2023 7:00 PM VISALIA CONVENTION CENTER NOTE: MEETING LOCATION IS 303 E. Acequia

ROLL CALL
CALL TO ORDER WORK SESSION - No Work Session Scheduled

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS - No Work Session Items
CLOSED SESSION - 5:30 PM
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS

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1 City Council Meeting Agenda - Final February 21, 2023 This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 23-0056

2. Confirmation of newly appointed Measure N Oversight Board members for review of all proposed Council spending plans for Measure N funds.
23-0060

3. Request by Councilmember Liz Wynn for Council to approve placing an item on a future City Council agenda for consideration of allowing backyard hens in the City of Visalia.
23-0059

4. Request by Mayor Brian Poochigian for Council to approve adding an agenda item for discussion regarding a potential ordinance to allow enforcement and regulation of parking recreational vehicles in the City of Visalia.
23-0047

5. Authorize City Manager to proceed with the design and construction of a bicycle Protected Intersection at Riggin Avenue and Giddings Street associated with the Riggin Widening Project Mooney Blvd. to Conyer St and for Staff to develop guidelines that evaluate these intersections treatments at future locations on a case by case basis and to proceed with implementation; if approved, future protected intersection applications would not return to Council for direct input.
23-0013

6. Authorize the City Manager to execute the reimbursement agreement associated with Quail River subdivision (323 lots), located near the southeast corner of East Walnut Avenue and South Lovers Lane.
23-0031

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2 City Council Meeting Agenda - Final February 21, 2023

7. Appropriate an additional $25,693 from the General Fto the current CIP to purchase five Edraulic rescue combination tools and authorize the purchase from L.N. Curtis & Sons.
23-0039

8. Authorize the City Manager to Award RFB 22-23-1 annual contract for Landscape Maintenance of Roadsides and Medians to Elite Maintenance and Tree Service, of Clovis, CA, for $166,675.56 annually for the maintaining of City of Visalia roadsides and medians per specifications of RFB 22-23-1.
23-0040

9. Request authorization to file a notice of completion for Highland Park Estates subdivision containing 55 single-family residential lots located north of West Riggin Avenue and east of North Mooney Boulevard.
23-0042

10. Request authorization to record the final parcel map for Tentative Parcel Map No. 2003-10, located at the southwest corner of West Hurley Avenue and North Neeley Street (APN: 081-020-089). 23-0043

11. Authorize the City Manager to enter into a sole source contract with Syncromatics Corporation for Transit software in an amount not to exceed $100,000.00 (from the operations budget 4551/55520) per year with four additional single year extensions and a total not to exceed $500,000.00.
23-0046

12. Appoint Lori Berger to the Delta Vector Control District Board to serve as the City of Visalia Council appointed representative to fill the vacant unexpired four-year term effective February 21, 2023 and ending December 31, 2026.
23-0048

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

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3 City Council Meeting Agenda - Final February 21, 2023

1. A public hearing to consider an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2022-23, a request by Maracor Development to establish a 292-unit deed restricted affordable multi-family residential development on 10.8 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone and the Notice of Exemption that was prepared for the conditional use permit in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs:
126-750-050 & 126-750-051).
23-0034

2. First Reading and Adoption of Ordinance 2023-01 which authorizes the sale of approximately 367 square feet to the State of California as part of Caltrans project to rehabilitate State Route 216, Lovers Lane and East Millcreek Parkway.
23-0030

CLOSED SESSION REPORT

ADJOURNMENT
Next meeting is Monday, March 6, 2023 at 7:00 p.m. - 707 W. Acequia Note: Meeting dates/times are subject to change, check posted agenda for correct details.

In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired - Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.

Any written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0056 Agenda Date: 2/21/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0060 Agenda Date: 2/21/2023 Agenda #: 2.

Agenda Item Wording:

Confirmation of newly appointed Measure N Oversight Board members for review of all proposed Council spending plans for Measure N funds.

Deadline for Action: 2/21/2023
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, 713-4512 Department Recommendation:

It is recommended that the Visalia City Council confirm the appointments of the following citizens to the Measure N Oversight Board for a two-year term through January, 2025:

Mayor Poochigian Matt Seals
Vice Mayor Taylor Jason Osborn
Councilmember Hernandez Soto Lisa Alvarado
Councilmember Nelsen Darlene Mata
Councilmember Wynn Mark Fulmer
Citizens’ Advisory Committee (1) Glenn Stewart
Citizens’ Advisory Committee (2) Ed Jones
Visalia Economic Development
Corporation
Garrett Lovell
Visalia /Hispanic Chamber of Commerce Gil Jaramillo
Downtown Visalians/Property Owners Myron Sheklian
Home Builders Association or the Board of
Realtors.

Esther Perez
Background Discussion: Measure N was passed by the Visalia voters in November 2016. The Measure emphasized the importance of maintaining Police, Fire, Roads, and Park and Recreation services at levels commensurate with overall city growth.

In order for the maintenance of the plan and to transparently disclose any items that may be changed in the future the Council also adopted certain procedural rules to maintain a high degree of accountability on the uses of these monies. One of the rules is the formation of and an ongoing Measure N Oversight Board.

The Measure N Oversight Board reviews the proposed Council spending plan and communicates their input to Council. The Council appointed an eleven-member standing oversight committee to constitute the Sales Tax Oversight Board (the "Board"). Each Visalia City Council Page 1 of 2 Printed on 2/17/2023
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File #: 23-0060 Agenda Date: 2/21/2023 Agenda #: 2.
member of the Board shall be a Visalia resident. The members of the Board shall serve two-year terms and may be reappointed for up to two additional two-year terms for a total of three consecutive terms. The members of the Sales Tax Oversight Board shall be selected as outlined in the Accountability Ordinance. Each City Council member shall select one (1) member for the Board, The Citizens' Advisory Committee shall select two (2) of its members to serve, One (1) member selected by the Visalia Economic Development Corporation, One (1) member selected by the Visalia Economic Development Corporation, One (1) member selected by the Hispanic Chamber of Commerce of Tulare/Kings County or the Visalia Chamber of Commerce.

Fiscal Impact: N/.A
Prior Council Action: N/A
Other: N/A
Alternatives: None. The appointment process is laid out through the Measure N process. The appointees must be residents of the City of Visalia, but otherwise the appointees are up to the discretion of the Council Members or organizations making the appointments.

Recommended Motion (and Alternative Motions if expected):

I move to confirm the appointments of the new Measure N Oversight Board as presented.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Accountability Ordinance 2016-21
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0059 Agenda Date: 2/21/2023 Agenda #: 3.

Agenda Item Wording:

Request by Councilmember Liz Wynn for Council to approve placing an item on a future City Council agenda for consideration of allowing backyard hens in the City of Visalia.

Deadline for Action: n/a
Submitting Department: Administration
Contact Name and Phone Number: Councilmember Liz Wynn, 713-4400 ext. 9313 Department Recommendation:

Approve Councilmember Liz Wynn’s request for Council to approve placing an item on a future City Council agenda for consideration of allowing backyard hens in the City of Visalia.

Fiscal Impact: None
Prior Council Action: On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.

Other: n/a
Alternatives: To not approve the request to consider this matter at an upcoming Council meeting.

Recommended Motion (and Alternative Motions if expected):

To approve the request to consider this matter at an upcoming Council meeting.

Environmental Assessment Status: n/a
CEQA Review: n/a
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0047 Agenda Date: 2/21/2023 Agenda #: 4.

Agenda Item Wording:

Request by Mayor Brian Poochigian for Council to approve adding an agenda item for discussion regarding a potential ordinance to allow enforcement and regulation of parking recreational vehicles in the City of Visalia.

Deadline for Action: n/a
Submitting Department: Administration
Contact Name and Phone Number: Mayor Brian Poochigian, 713-4512 Department Recommendation:

Consider request by Mayor Brian Poochigian for Council to approve adding an agenda item for discussion at a future meeting regarding a potential ordinance to allow enforcement and regulation of parking recreational vehicles in the City of Visalia.

Fiscal Impact:

None at this time.

Prior Council Action: On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.

Alternatives: To not approve the request to consider this matter at an upcoming Council meeting.

Recommended Motion (and Alternative Motions if expected):

To approve the request to consider this matter at an upcoming Council meeting.

Environmental Assessment Status: n/a
CEQA Review: n/a
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.

Agenda Item Wording:

Authorize City Manager to proceed with the design and construction of a bicycle Protected Intersection at Riggin Avenue and Giddings Street associated with the Riggin Widening Project Mooney Blvd. to Conyer St and for Staff to develop guidelines that evaluate these intersections treatments at future locations on a case by case basis and to proceed with implementation; if approved, future protected intersection applications would not return to Council for direct input.

Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Diego Corvera, Civil Engineer, [email protected], (559) 713-4209 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff requests authorization to design and construct a bicycle protected intersection at Riggin Ave. and Giddings St associated with the Riggin Ave widening project from Mooney Blvd. to Conyer St.

This is similar to the bicycle protected intersection previously presented to City Council for the Ferguson Ave. and County Center St. intersection associated with the County Center St rehabilitation project from Houston Ave. and Riggin Ave.

Summary:

In this application, the protected intersection at Riggin Ave and Giddings St, is taking advantage of the widening project as a cost-effective opportunity to improve our multi modal transportation infrastructure. This intersection will be constructed using concrete curbing making this configuration more permanent than the striping application along County Center St. Parking will not be affected at this location. Public outreach will be conducted to garner feedback on the protected intersection at Riggin Ave and Giddings St. The protected intersection design will move forward concurrently with the public outreach efforts as a design and bid alternate. If public feedback is negative, the project will be constructed following City standards omitting the protected intersection geometry. If feedback is positive, staff will proceed with the construction of the protected intersection at Riggin Ave and Giddings St as part of the widening project; construction is slated for mid-summer 2023.

Following positive community feedback, staff will proceed to standardize these protected intersections within the City standards setting guidelines and parameters to where and when to apply them. For future protected intersection applications staff intends to not return to City Council for input or direction. Staff will continue to monitor the functionality and operation of these intersections over time to ensure they perform as design and are meeting the community’s needs as best possible.

Further in this report will be a brief update and overlap discussion of the “protected intersection” Visalia City Council Page 1 of 8 Printed on 2/17/2023
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File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.

Further in this report will be a brief update and overlap discussion of the “protected intersection” along County Center St compared to this application along Riggin Ave. including each respective projects’ timeline.

Finally, Staff will establish guidelines for future deployment which includes only the use of the permanent raised concrete islands for automatic implementation at appropriate intersections as described below.

Background Discussion:

Riggin Avenue Improvements:

At the City Council meeting of June 21st, 2021, Council directed staff to award the design contract to 4Creeks Inc. and accepted and appropriated $2.4 million from the Federal High Improvement Program (HIP) funds for the construction of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street.

The purpose of the “Riggin Avenue Widening Project” is to increase vehicle capacity on Riggin Avenue by adding additional east/west lanes and to provide for an efficient flow of traffic in support of the increase in development within the surrounding area. In addition, the City Council identified this segment of Riggin Avenue from Mooney Boulevard to North Conyer Street as a priority transportation corridor as it is part of the “Ring-Road” concept previously identified in various City reports.

The City of Visalia accepted $2.4 million from Highway Infrastructure Program (HIP) federal funding for the construction of the “Riggin Avenue Widening Project” and staff is moving forward with grant requirements to finalize construction funding obligation.

This project will reconfigure Riggin Avenue to a 4-lane divided roadway and will modify the intersection of Riggin Ave. at Giddings St. to its ultimate configuration, there’s an opportunity to improve the bicycle access, specifically to construct a protected intersection at Riggin Ave. and Giddings St. This improvement will provide a multi modal intersection that will provide a safe nonvehicular means of transportation to various local destinations that surround the intersection, such as the Riverway Sports Park, Riverway Elementary School, and shopping centers near Dinuba Blvd.

In staff’s efforts to continue to fulfill the implementation and goals of the Council adopted Active Transportation Plan, Complete Streets Policy, and address Vehicle Miles Travel (VMT) reduction, a protected intersection presents an excellent opportunity to promote alternative modes of travel by enhancing the existing bicycle facility and embodying a multi-modal corridor that can be appropriate for all ages and abilities.

The intersection of Riggin Ave. at Giddings St can serve as a pivotal intersection that connects the neighborhoods south and north of Riggin Avenue to shopping destinations and Riverway Sports park, bike trails and other destinations (refer to destination exhibit). The protected intersection will increase safety for pedestrians and bicyclists allowing for a less stressful means to cross Riggin Avenue; to access the various destinations north and south of Riggin Ave. outside of a private vehicle.

The adopted City of Visalia Active Transportation Plan (ATP) lists the following goals:

1. Increase the proportion of trips accomplished by biking and walking Visalia City Council Page 2 of 8 Printed on 2/17/2023
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File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.

2. Increase safety and mobility for non-motorized users.

3. Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School program funding.

This recommended design goes beyond the minimum designation for this corridor identified in the ATP plan. The ATP plan will undergo an update in the coming years, and roadway projects such as this, offer opportunities in the interim to evaluate, on a project-by-project basis, enhancements to improve bicycle access consistent with the goals in the City’s ATP plan. Refer to image below of a preliminary design of the protected intersection at Riggin Ave and Giddings St:

Protected Intersections:

Typically, the bicyclists using a bike lane traverse an intersection in a manner that exposes them to numerous conflict points to an inattentive motorist. The design will introduce a protected intersection at Riggin Ave. and Giddings St which will maintain separation between vehicles and people on bikes through the intersection. This design will have concrete corner islands that will function to slow down turning movements at the intersection while also providing protection for pedestrians and bicyclists.

Intersections are where most serious injuries to people on bikes occur, these are the areas where all modes of transportation intersect and it is critical, from a traffic safety perspective to reduce the speeds of vehicles at intersections, more specifically at conflict points which occur during turning Visalia City Council Page 3 of 8 Printed on 2/17/2023
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File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.
movements.

Protected intersections are specifically designed to; 1) make bicyclists very visible to motorists, 2) slow down turning movements, 3) provide a dedicated bicycle path around and through the intersection, and 4) offset bike lanes to give time for bicyclists or motorists to yield appropriately.

They also re-configure the potential conflict points such that a driver can look forward and see the conflict directly ahead rather than looking over their shoulder. This is being recommended here as this roadway widening project provides an opportunity to reconfigure the intersection to better serve multi modal transportation. Additionally, with the various shopping destinations, the Modoc trail, neighborhood parks and schools near this corridor, these improvements will provide opportunity for Visalians to try the bicycle in-lieu of a vehicle with the benefit of the robust safety these intersection treatments offer.

Moving forward, staff will consider protected intersections and protected intersection elements as part of City standard design. Projects that impact or improve intersections will be evaluated to determine if a protected intersection would be beneficial on a case-by-case bases. These efforts will coincide with the City’s general plan and active transportation plan and stakeholders as well as other departments will be consulted as needed when evaluating each project. As these intersections come online, staff will monitor the outcomes and public feedback on the design to gather lessons learned and ensure our infrastructure is serving the needs of our community in the best way possible.

Frontage Road Prior Approval:

Council approved the construction of a local frontage road (Council meeting August 1st, 2022) along this stretch of Riggin Avenue to separate the Riggin Avenue fronting residents from direct access to Riggin Avenue to allow for safer ingress and egress from their homes. Public outreach was performed following Council approval and the results of that outreach was majority approval by the local community for the construction of the frontage road along this section of Riggin Ave.

This frontage road improvement will add concrete corner island infrastructure, similar to what is used in a protected intersection configuration, on the southside of the intersection of Riggin Ave. at Giddings St. to funnel the local frontage road traffic away from the intersection. This configuration will be modified and mirrored on the northside of the intersection to create a full protected intersection to improve safety for all modes of travel. Refer to image below for the configuration of the frontage road at the intersection of Giddings St and Riggin Ave and Council Agenda from August 1st, 2022 for additional information on the Frontage Road:

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File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.

Riggin Avenue Projects (3 segments) Status:
- Riggin Avenue widening from Kelsey St to Shirk St
o Currently in Design
o Construction Summer 2024 (Utility Relocation Spring 2024) - Riggin Avenue widening from Akers St to Demaree St
o Design Completed
o Construction April 2023
- Riggin Avenue Widening from Mooney Blvd to Conyer St. (Subject Project) o Currently in Design
o Construction Summer 2023 (Utility Relocation Spring 2023) Refer to attached Riggin Widening Project exhibit, for project locations.

County Center St Rehabilitation Project:

Similarly, at the November 11, 2022 City Council Work Session, City Council approved a proposal for a protected intersection at County Center Street and Ferguson Avenue as part of the County Center Rehabilitation Project from Riggin Avenue to Houston Avenue. The proposal also identified County Center St @ Lark Ave and County Center St @ Modoc Ave to include elements of a protected intersection. The proposal included replacing existing Class II bike lanes with protected Class IV bike lanes.

The protected intersection along County Center St will be constructed with striping, delineators and other tactile surface treatments. Unlike the Riggin/Giddings intersection, permanent concrete construction will not be a part of the County Center St protected intersection due to cost constraints.

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construction will not be a part of the County Center St protected intersection due to cost constraints.

The County Center St application will remove on street parking, which is most impactful along the fronting higher density housing just south of Riggin Ave.

Local Community feedback has been received and the majority of respondents approve of the project overall. Feedback received is generally supportive for the protective intersection for County Center St. Staff has received comments regarding loss of parking and conversion to protective bike lanes, a final outcome memo for the public feedback results will be provided to council for review and consideration.

Project Schedules (Timing):

The County Center St Rehabilitation project is anticipated to begin construction in April of 2023 with striping and the ‘protected intersection’ configuration expected to be completed by July of 2023. The Riggin Ave widening project is anticipated to begin construction in July of 2023 with the protected intersection at Riggin Ave and Giddings St being completed by the Fall of 2023.

Based on the timing of the two projects, there will be approximately 3-4 months of time where the public will interact with the protected intersection configuration along County Center St ahead of the construction of the protected intersection at Riggin Ave and Giddings St. This window of time will allow staff to receive public feedback and perform observations on the operations of the protected intersection configuration to potentially modify or adjust the design of the intersection at Riggin Ave and Giddings St as necessary.

Conclusions:

Based on the above information, the feedback from City Council and the public outreach received, staff is recommending that the design of the Riggin Avenue Widening project include a protected intersection at Riggin Ave and Giddings Street based on prior acceptance at County Center St and Ferguson Ave. The proposed intersection at Riggin Ave and Giddings St will not displace any parking nor introduce no other changes to the existing bike routes compared to County Center St.

Furthermore, if unfavorable public outreach is observed, staff will update City Council and adjust back to the original plan to have the typical intersection. Please note that because the overlap and timing of the two projects and the need to keep the design for Riggin Ave. moving forward, staff will be including the construction of the ‘protected intersection’ as a bid alternate in order to remove it prior or during construction if needed.

Bicycle Infrastructure Guidelines:

Based on the discussion of the two above projects, CIP Engineering will proceed with the development of guidelines that will include the establishment of standards identifying the applicability of Protected Intersections. Guidelines will follow national and state adopted standards. The application of protected intersections will be typically limited to arterial, high-traffic collectors, and/or where trails intersect roadways. Protected intersections, when applied, will be designed employing permanent-styled intersection treatments such as raised concrete corner islands. Staff will return before City Council should corner islands be proposed using flexible or temporary styled treatments as part of the design.

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File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.

Fiscal Impact:

The additional cost for design and construction of a bicycle Protected Intersection is less than $100,000.00 and staff has identified budget savings within the CIP to complete this addition without an additional appropriation.

Prior Council Action:

December 5, 2022
Authorized the City Manager to approve payment to California Water Service in the amount of $150,259.00 for the installation of five fire hydrants and two irrigation services as part of the Riggin Widening project between Mooney Blvd to Conyer St and appropriated and additional $85,000 in Highway Infrastructure Program (HIP) funds.

September 19, 2022
Authorized the City Manager to execute the Southern California Edison (SCE) Joint Use Agreement (JUA) and adopted Resolution 2022-52 for the Riggin Widening project between Mooney Blvd to Conyer Street.

August 1, 2022
Received a staff presentation on the proposed local frontage road to be constructed with the Riggin Avenue Widening Project Mooney Blvd to Conyer Street.

June 20, 2022
Adopt Resolutions 2022-39 and 2022-40, designating a portion of City owned property located within 2 Parcels, Lot “A” of Highland Park Estates subdivision and Lot “A” of Highland Park, Unit No. 2 subdivision as part of the public City Street System respectively.

May 16, 2022
Adopt Resolution 2022-33 authorizing the City Manager to execute Southern California Edison (SCE) Utility Agreement No. CP0473-SCE2592 for the Riggin Widening project between Mooney Blvd to Conyer Street.

April 18, 2022
Adoption Resolution No. 2022-27 certifying Mitigated Negative Declaration No. 2022-16 prepared for California Environmental Quality Act (CEQA) compliance as part of the Highway Infrastructure Program (HIP) funding for the construction of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street (State Clearing house No. 2022030456) (Resolution No. 2022-27 required).

June 21, 2021
Authorize the City Manager to award a sole source professional design services contract to 4Creeks, Inc., for the design of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street, and appropriation of funds to establish a preliminary project budget.

Recommended Motion (and Alternative Motions if expected):

I move to authorize City Manager to proceed with the design and construction of a protected intersection at Riggin Ave and Giddings St, and to establish guidelines that will evaluate these Visalia City Council Page 7 of 8 Printed on 2/17/2023
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File #: 23-0013 Agenda Date: 2/21/2023 Agenda #: 5.
intersection at Riggin Ave and Giddings St, and to establish guidelines that will evaluate these designs at staff level on a case by case basis.

Environmental Assessment Status:

Adopted Mitigated Negative Declaration No. 2022-16
Attachments:

1. Riggin Avenue Destination Exhibit

2. History of Protected Intersections

3. Riggin Widening Projects

4. Riggin Avenue Frontage Road Agenda Item - August 1st, 2022 Visalia City Council Page 8 of 8 Printed on 2/17/2023
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N
Mooney Blvd
W Riverway Ave
Rd 116 N
Mooney Blvd N
Mooney Blvd
W Shannon Pkwy
W Shannon Pkwy
W Riverway Ave W Riverway Ct
N
Giddings St
Riverway Sports Park
Riverway
W Riggin Ave
N
Giddings St
Global Learning
Charter School
N
Giddings St
W Ferguson Ave
N
Dinuba Blvd
W Shannon Pkwy W Shannon Pkwy
Rd 124 N
Dinuba Blvd
W Riggin Ave
Fairway Village Park
W Ferguson Ave
N
Dinuba Blvd
Summers Park
Giddings St @ Riggin Ave - Destination Exhibit
Esri, NASA, NGA, USGS, FEMA
1/23/2023, 7:03:59 PM
0 0.07 0.15 0.3 mi
0 0.13 0.25 0.5 km
1:9,028
22 History of Protected Intersections
These intersections originated in the Netherlands in the 1970’s and have been best practice in Europe for decades and are quickly gaining popularity across the United States.

As of today, there are at least twenty (20) constructed protected intersections in California alone, seven (7) in Fremont, two (2) in San Luis Obispo, two (2) in Richmond, three (3) in San Jose, and at least one (1) in Davis, Berkeley, Oakland, Palo Alto and San Francisco. Many more intersections throughout the state have incorporated the various protective and offset elements that function like a protected intersection. Many more are in design or early construction phase as various jurisdictions have codified these intersection treatments in their design standards and City plans. City of San Luis Obispo mandates protective intersection elements be incorporated in all new and retrofit intersection projects per their recently adopted 2021 ATP plan.

The following information provides state and national recognition and support for these protective elements at intersection:

In 2014 Caltrans issued “Design Flexibility in Multimodal Design” Memorandum that stated the following:
“Publications such as the National Association of City Transportation (NACTO) “Urban Design Guide” and “Urban Bikeway Design Guide,” …are resources that Caltrans and local entities can reference when making planning and design decisions on the State highway system and local streets and roads.”
In 2015 FHWA issued “Separated Bike Lane Planning and Design Guide” that stated the following:
“Intersections are where most bicycle-vehicle collisions occur, and where riders feel the most stress. Designers have implemented a variety of strategies, including both time- and space-separation, for maintaining the benefits of separated bike lanes through intersections.” In 2018 Caltrans issued Design Information Bulletin 89-01 (DIB 89-01) “Class IV Bikeway Guidance.” Which states the following:
“Intersection design should strive to minimize the potential conflict between the separated bikeway user and the crossing or turning of motorized traffic and pedestrians. Providing space for motorists to wait while yielding to bicyclists and pedestrians, separating bicycle crossing from pedestrian crossing, and providing space for turning and queuing bicyclists should be considered.”
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58 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0031 Agenda Date: 2/21/2023 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to execute the reimbursement agreement associated with Quail River subdivision (323 lots), located near the southeast corner of East Walnut Avenue and South Lovers Lane.

Deadline for Action: 2/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Adrian Rubalcaba, Associate Engineer, [email protected] <mailto:[email protected]>, (559)713-4271
Jason Huckleberry, Assistant Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4495
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4495
Department Recommendation:

Staff recommends that City Council authorize the City Manager to execute the reimbursement agreement associated with Quail River subdivision.

Summary:

A new reimbursement agreement is being established at the request of the developer, Beazer Homes, for the Quail River subdivision that will replace a previous outdated version authorized by City Council and executed on November 20, 2006. The new agreement will comply all new provisions under the City’s current impact fee reimbursement programs.

All of the required improvements for the Quail River subdivision have been completed and accepted by the City. The subdivision was developed by Beazer Homes and contains 323 single-family residential lots (205 lots with public streets and 118 lots as a private-gated community). Per the subdivision improvement agreement, arterial and collector roadway improvements were required along the project street frontages and included installation of storm drainage and sewer master planned facilities. Walnut Avenue, an arterial, and McAuliff Street, a collector, are identified as funded streets in the City’s Circulation Element and Transportation Impact Fee (TIF) program. The storm drainage facilities included various storm main oversizing and a 36-inch trunk line in Cherry Street as identified in the City’s Storm Sewer Master Plan. In addition, a 12-inch sanitary sewer main was installed in Walnut Avenue per the City’s Sanitary Sewer Master Plan. Portions of the required public improvements are reimbursable per the City’s impact fee programs. Once the improvements have been completed and accepted by the City, they are reimbursable to the developer in the form of impact fee credits and/or cash payments.

The total reimbursement amount due to the developer is $1,232,020.09 for the public street and storm and sewer facilities installed. Reimbursement costs are for the excess in pavement, pipe size, and any other additional offsite or miscellaneous work beyond the developers’ typical responsibilities.

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File #: 23-0031 Agenda Date: 2/21/2023 Agenda #: 6.
and any other additional offsite or miscellaneous work beyond the developers’ typical responsibilities.

However, all lots have been issued permits and a total of $1,118,753.62 was applied as credit, leaving the remaining balance of $113,266.47 due in cash to the developer. Please refer to funding breakdown details under the Fiscal Impact section in this report.

On January 18, 2023, the City’s Development Reimbursement Review Committee (DRRC) reviewed and recommended approval of the reimbursements associated with Quail River subdivision.

Therefore, staff recommends that the City Council authorize the City Manager to execute the reimbursement agreement.

Background Discussion:

The City Council authorized the recording of the final map for Quail River subdivision on November 20, 2006. As per conditions of the subdivision improvement agreement, the City entered into a reimbursement agreement with developer to reimburse for the required street, storm drainage, and sewer improvements to be installed along their project street frontages (Lovers Lane, Walnut Avenue, and McAuliff Street). In 2008, project construction halted during the economic downturn leaving the majority of public street improvements unconstructed or incomplete. At the time, the City’s TIF reimbursement program allowed for full reimbursement of the costs of improvements made to the City’s collector and arterial streets, including full compensation of the necessary right-of-way dedications. In comparison, the City’s current TIF program provides funding for only a portion of the roadway improvements (mainly travel lanes and median improvements) and the developer is responsible for the remaining parking lanes and beyond (i.e., curb, gutter, sidewalk, street lighting, etc.), including the dedication of right-of-way within these areas.

In 2017, the developer initiated discussions with City staff leading into the process of restarting the project and phasing of the project. As part of the project start-up and work commencement, the subdivision improvement plans required updating to comply with the City’s current adopted design standards and the existing reimbursement agreement also required revisions to lock into the current Transportation Impact Fee program and associated fee rates that the developer so desired.

The City finalized and approved the revised improvement plans for the Quail River subdivision in May 2018. The required public improvements for the subdivision have been completed and accepted by the City and the City Council authorized the filing of the Notice of Completion for the project on June 7, 2021. The associated reimbursements are now due.

Under Resolution No. 2008-58, adopted by City Council on December 1, 2008, the City will reimburse the developer for a portion of improvements made to streets designated in the City of Visalia Circulation Element as arterial and collector streets. Under Ordinance 2013-01, approved by Council on April 15, 2013, amendments were made to the timing of reimbursement paid by the City for private construction of planned transportation facilities. Per the TIF program stipulations, the developer will be fully reimbursed through credits of the TIF due at the time of building permit issuance and any balance remaining to be paid in cash within specific time periods following the issuance of a Notice of Completion.

Reimbursement of sewer master planned facilities is allowed under the provisions of Title 13 of the Visalia Municipal Code (VMC). Additionally, under the provisions of Title 16, Section 16.40.070 of the VMC, the City will reimburse developers through credits and/or cash payments for construction of planned drainage facilities designated in the Storm Development Fee Program, within the time period stipulations of the program, and following the issuance of a Notice of Completion.

The total reimbursement amount for Quail River subdivision is $1,232,020.09. All lots have been issued permits and a total of $1,118,753.62 was applied as credit, leaving the remaining balance of Visalia City Council Page 2 of 3 Printed on 2/17/2023
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File #: 23-0031 Agenda Date: 2/21/2023 Agenda #: 6.
issued permits and a total of $1,118,753.62 was applied as credit, leaving the remaining balance of $113,266.47 due in cash to the developer. Please refer to funding breakdown details under the Fiscal Impact section in this report.

The reimbursement agreement for Quail River subdivision was reviewed and recommended for approval by the DRRC. The DRRC is comprised of staff from the Community Development, Finance, and Public Works Departments. The DRRC reviewed the reimbursement to ensure that the costs are reasonable compared to the City’s costs for comparable capital projects and also a unit cost schedule focused on Visalia’s construction market.

Fiscal Impact:

The reimbursements will be funded from budgeted capital projects designated to reimburse developers for infrastructure installed. Reimbursement will be from the Transportation Impact Fee fund (CP9130) in the amount of $1,364.19, the Storm Sewer Fund (CP9229) in the amount of $79,556.38, and the Sanitary Sewer Fund (CP9318) in the amount of $32,345.90.

Prior Council Action:
· On November 20, 2006, the City Council authorized the recordation of the final map for Quail River subdivision and associated agreements, and the formation of Landscape and Lighting Assessment District No. 06-09 “Quail River”.
· On June 7, 2021, the City Council authorized the filing of a Notice of Completion for Quail River subdivision.

Committee/Commission Review and Action:
· On November 14, 2005, the Planning Commission approved the tentative subdivision map for Quail River subdivision (TSM No. 5495) and Conditional Use Permit No. 2005-32, allowing a small lot development with 323 single-family units and an apartment complex in the R-M-3 and R-1-6 zones.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute the reimbursement agreement associated with Quail River subdivision.

CEQA Review:

Negative Declaration adopted November 14, 2005 as Environmental Document No. 2005-112 for Quail River subdivision.

Attachments:

1. Location Map

2. Aerial Exhibit

3. Final Map
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CAMERON
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S Lovers Lane
E Laura Ave
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73 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0039 Agenda Date: 2/21/2023 Agenda #: 7.

Agenda Item Wording:

Appropriate an additional $25,693 from the General Fto the current CIP to purchase five Edraulic rescue combination tools and authorize the purchase from L.N. Curtis & Sons.

Deadline for Action: 2/21/2023
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, x4220; Tom Van Grouw, x4265; Crissy Balderama, x4513
Department Recommendation:

Staff recommends City Council appropriate an additional $25,693 to the current CIP to purchase five Edraulic rescue combination tools and recommends Council authorize the purchase from L.N. Curtis & Sons. The added budget will increase the current CIP budget to $94,156.26, of which $59,345.45 will be reimbursed by an Assistance to Firefighters Grant (AFG) awarded to the City.

Background Discussion:

In February 2021, staff received council authorization to apply for the Assistance to Firefighter Grant (AFG) for the purchase of four hydraulic rescue tools (HRT) to replace eligible tools on frontline apparatus.

In December 2021, during the FY 2022/23 CIP process in, staff requested replacement of five HRT, that are over sixteen years old. The project was approved by the CIP committee and adopted in the CIP budget for FY 2022-23 with an allocated budget of $68.800. Quotes solicited at this time indicated this budget was sufficient.

In August 2022, the City of Visalia was awarded $59,345.45 from the AFG for the replacement of four sets of HRT.

In November 2022, staff completed a request for bid (RFB) for four HRTs with the option to purchase additional units at the bid amount. Due to high inflation, the lowest bid received for four sets of HRT’s was $75,325 from L.N. Curtis & Sons. Replacing the fifth tool approved in the CIP brings the total cost to $94,156.26.

Fiscal Impact:

Council approved a CIP to replaced five HRT for $68,800. Current bid pricing for this project is now $94,156.26, leaving a shortfall of the requested additional $25,693 (this amount included the bid process’ cost). Once the additional budget is added to the current CIP, staff can proceed with the purchase and submit for $59,345.45 reimbursement from the AFG. Once reimbursed, a CIP originally approved for $68,800 will end up costing the General Fund $35,147.55.

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File #: 23-0039 Agenda Date: 2/21/2023 Agenda #: 7.

Prior Council Action: February 16, 2021 - Council authorized a grant application for the Assistance to Firefighter Grant. May 2022 - Council approves FY 2022-23 CIP Budget. September 19, 2022 - Council authorized acceptance of the Fiscal Year 2021 Assistance to Firefighter Grant.

Other: N/A
Alternatives: None Recommended.

Recommended Motion (and Alternative Motions if expected):

I move to appropriate an additional $25,693 to the current CIP to purchase five Edraulic rescue combination tools and recommends Council authorize the purchase from L.N. Curtis & Sons.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. RFB 22-23-24; 2. LN Curtis Bid
Visalia City Council Page 2 of 2 Printed on 2/17/2023
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID (“RFB”)
RFB NO. 22-23-24
PURCHASE OF FOUR (4)

SETS OF E-DRAULIC RESCUE COMBINATION TOOLS
BIDS DUE NO LATER THAN 1:00 P.M. ON THURSDAY, DECEMBER 15, 2022 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: November 15, 2022
November 22, 2022
76 RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

Page 2 of 25 ends

TABLE OF CONTENTS
I. DEFINITIONS.............................................................................................................3 II. INTRODUCTION .........................................................................................................3 III. INSTRUCTIONS..........................................................................................................3 IV. PRODUCT SPECIFICATIONS/SCOPE OF SERVICES ...................................................4 V. PRE-BID AND CONTRACT MEETINGS ........................................................................4 VI. BID OPENING AND CONFIDENTIALITY.......................................................................4 VII. AWARD ......................................................................................................................5 VIII. PROTESTS/APPEALS.................................................................................................5 IX. SPECIAL CONDITIONS ...............................................................................................5 X. GENERAL CONDITIONS .............................................................................................6 XI. POST AWARD RESPONSIBILITIES..............................................................................8

EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate B-2. Non-Collusion Affidavit
B-3. Americans with Disabilities Act Compliance Certificate B-4. Drug-Free Workplace Certificate
B-5. Iran Contracting Act Certification
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
C-1. GENERAL CONTRACT PROVISIONS
D. PRODUCT SPECIFICATIONS
77 RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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I. DEFINITIONS
For the purposes of RFB NO. 22-23-24, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-24.

II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from suppliers for four (4) sets of Edraulic Rescue Combination Tools for use by the Fire Department, per the specifications listed in Exhibit D of this RFB.

Bids are being sought from Contractors who have a proven record of experience in providing the services required by this Invitation to Bid. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

Award will be based on the lowest total bid which meets all specifications. It is understood that the City of Visalia is NOT exempt from California State Sales Tax. The 8.5% sales tax is to be shown on each bid where indicated. The City of Visalia must consider all costs associated with determining low bidder (including freight and taxes).

Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

To: City of Visalia Purchasing Division
707 W. Acequia Avenue.
78 RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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Visalia, CA 93291
From: Bidder Name & Address
RE: RFB 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. All inquiries should be directed to Visalia Purchasing Department by calling (559) 713- 4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions are due no later than Friday, December 9, 2022.

IV. PRODUCT SPECIFICATIONS AND SCOPE OF SERVICE
Awarded Vendor will be responsible for the supply and delivery of four (4) E-Draulic Rescue Combination Tools per the specifications included in Exhibit D of this document. The City of Visalia also reserves the right to purchase additional units at prices bid. The units shall be delivered to the City of Visalia Fire Department at 420 N. Burke Street in Visalia, CA 93292.

These units must meet the specifications listed in Exhibit D.

V. PRE-BID AND CONTRACT MEETINGS

1. Non - Mandatory Pre-Bid Meeting (teleconference). A non-mandatory pre-Bid meeting will be held on Thursday, December 1, 2022 at 10:00 a.m. via teleconference. Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged.

Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed. To register for the teleconference, please email [email protected] for information.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Dan Griswold
Department: Fire Department
VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, December 15, 2022 at 1:00 p.m. at 707 W. Acequia, Visalia CA, City Hall.

The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession. 79 RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

IX. SPECIAL CONDITIONS

1. Product Issues
80 RFB No. 22-23-24
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a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10) working days to inspect equipment for workmanship, appearance, proper functioning of all equipment, and conformance to all other requirements of this specification.

If deficiencies are detected, the equipment will be rejected, and the vendor will be required to make necessary repairs, adjustments, or replacements.

Payment and/or commencement of a discount period, if applicable, will not be made until the defects are corrected and the equipment re-inspected and accepted.

2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. The City’s designated Project Manager shall decide issues of quality and acceptability of materials, products and equipment and all questions related to fulfillment of the contract for the products. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and/or of a quality equal to that specified.
(2) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

3. Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes.

Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

Contractor shall comply with all applicable labor laws and ensure against discrimination.

X. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance. 81 RFB No. 22-23-24
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Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

7. Bid Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559) 713-4326 for more information.

14. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

15. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

16. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

17. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.
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18. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

19. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

20. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual purchase amount will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work as the City deems necessary or advisable, at the prices Bid.

21. Bidders shall satisfy themselves by personal examination of the specifications and other contract documents and by any other means as they believe necessary as to the requirements of this contract. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions, quality, and quantities of work to be performed, and the products to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

22. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

Contractor may be required to submit Proposals on alternate items.

23. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

24. The contract resulting from this invitation to bid will be administered by the Fire Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

25. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed. 83 RFB No. 22-23-24
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2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
84 RFB No. 22-23-24
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BIDDING AGENCY: ________________________
EXHIBIT “A”

BID FORM
RFB NO. 22-23-24
PURCHASE OF FOUR (4) SETS OF E-DRAULIC RESCUE COMBINATION TOOLS (Visalia Fire Department)
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-24 dated: __________, the undersigned BIDDER hereby proposes to furnish four (4) sets of E-Draulic Rescue Combination Tools as specified in this RFB, including all exhibits and related contract documents, therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit prices set forth in the following Bid Schedule within 10 days after receiving notification of Award of Contract. BIDDER understands that failure to enter into a contract in the time and manner stated may result in said Purchasing Division proceeding to award the contract to others.

BIDDER understands that a bid is required for the product and that compensation under this contract will be based upon the product condition received as stated in the bid specifications. It is agreed that the price bid includes all costs, fees and appurtenant expenses for the product. Bidder is to indicate the cost for delivery to Visalia, CA (if any). Bidder is to list tax where indicated, as the City is not exempt from paying sales tax (currently 8.5% in Visalia, CA).

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature on the bid form. Low Bidder will be determined by the Lowest Total Bid Amount. 85 RFB No. 22-23-24
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As Described in RFB 22-23-24 Purchase of
Four (4) Sets of E-Draulic Rescue
Combination Tools
Unit Cost
(A)
Quantity
(B)
Total Cost
(AxB)
(1) E-Draulic Rescue Combination Tools $_________________ 4 $ _________________ (2) 8.50% State Sales Tax $_________________ 4 $ _________________ (3) Shipping & Handling to Visalia, CA $_________________ 4 $ _________________ TOTAL BID AMOUNT $ _________________
Delivery Time: _______Days After Order Placed Warranty Coverage: _________ years Does the Bid meet specifications: _____ Yes _____ No
Please include Exhibit D of this document in your Bid Submittal to verify all specifications will be met, and/or to explain any variances.
(1) _____________________________________________________________________________________________________________ Bidding Firm

(2) _____________________________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) _____________________________________________________________________________________________________________ Business Address City State Zip Code
(____)______________________________________________________________________________(____)___________________ Telephone Number E-mail Address Fax Number

(4) _____________________________________________________________________________________________________________ Signature of Authorized Person (Date)
_____________________________________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all 86 RFB No. 22-23-24
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other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a certificate prior to commencement of work. Contact the Business Tax Division with questions at (559) 713-4326.

Federal Tax I.D. No.: ____________________________________________________

REFERENCES
The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has provided equipment to similar in size and scope within the past two (2) years.

Company Name Address Tel. No. Contact

1.___________________________________________________________________________________________________

2.___________________________________________________________________________________________________

3.___________________________________________________________________________________________________ 87 RFB No. 22-23-24
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EXHIBIT “B-1”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid Form
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may 88 RFB No. 22-23-24
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request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
89 RFB No. 22-23-24
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EXHIBIT “B-2”

NON-COLLUSION AFFIDAVIT
To Accompany Bid Form

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
90 RFB No. 22-23-24
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EXHIBIT “B-3”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
To Accompany Bid Form
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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EXHIBIT “B-4”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.10-2019)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
92 RFB No. 22-23-24
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EXHIBIT “B-5”

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
Submit with Bid
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature: ____________________________________ Printed Name: _________________________ Title: ______________________________________ Agency Name: _____________________________ Date: ____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
93 RFB No. 22-23-24
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal) PURCHASE OF FOUR (4) SETS OF E-DRAULIC RESCUE COMBINATION TOOLS (City of Visalia Bid No. 22-23-24)
This Agreement, entered into and effective this ________ day of ________________, 2022 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ___________________________ with a primary business address of ________________________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Required Products; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to supply the specified products pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 City of Visalia Bid 22-23-24 Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools
Attachment 3 CONTRACTOR’s bid in response to Bid No. 22-23-24

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

Supply and Delivery of Four (4) E-Draulic Rescue Combination Tools as specified in RFB No. 22-23-24, and as requested by City. City reserves the right to purchase additional tools at the unit cost bid.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced Within 30 days of receipt of invoice. 94 RFB No. 22-23-24
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5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: ___________________ By: ______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By: ______________________________________________________ City Manager
Dated: ____________________ By: ______________________________________________________ City Attorney
Dated: ____________________ By: ______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By: ______________________________________________________ City of Visalia Project Manager
Total Compensation: $__________________________
Source of Funds: AFG Grant Funds
Payment Schedule: Within 30 days from date of invoice for delivered product 95 RFB No. 22-23-24
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EXHIBIT “C-1”

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Attorney’s Fees: In the event either party commences 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 attorney’s fees and court costs incurred in the action brought thereon.

J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder. 96 RFB No. 22-23-24
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K. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

M. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, contractor shall and hereby does guarantee the product(s) for a period of one year after the date of acceptance by CITY. Acceptance will be signified upon full payment to the vendor.

3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is 97 RFB No. 22-23-24
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furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement. 98 RFB No. 22-23-24
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EXHIBIT “D”

PRODUCT SPECIFICATIONS
(To Accompany Bid Form)
Mandatory Specifications YES NO Details/Comments
Equipped with light-emitting diodes to
facilitate work under poor lighting
conditions
Produce a spreading distance up to

14.5 in
Produce a max pulling force of 13,714
lbf
Produce a pulling distance of 15 in
Max cutter opening of 12.2 in
Dual pilot check valve
Tool should be protected by a pressure
relief valve
Max operating pressure will be 10,000
psi
Must be NFPA 1936; 2020 Edition
certified and shall be labeled as such
bearing the mark of the testing agency
Ambient temp toleration range of -4
degrees
Unit dimensions should be max 34.5” L
x 9.25’” W x 9.96” H
Hydraulically activated piston with 2
equal, opposite blade arms
Does not need to be connected to an
external hydraulic source
Cylinder made of anti-corrosive light
aluminum alloy. Body shall have a
high impact, non-metallic housing.

With ventilation holes on both sides of
the unit for colling the motor.

Max spreading force up to 337,230 lbf
Tips should be removable and
multifunctional and be used for
spreading, peeling, squeezing and
pulling without needing to be changed
99 RFB No. 22-23-24
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Removable tips should have shark’s
tooth aggressive design for max
performance and gripping capability
Blades should have a straight serrated
edge design and contain shackle holes
for pulling applications. Blades should
be attached to the piston rod via
removable links, and made of heat
treated, shock resistant, forged tool
steel.

The control mechanism should allow
for 360 degree operations in any
position
Tool shall have 2 handles, with one
located toward the center of the tool for
even balance, and the second located
below the control mechanism and be
part of the protective housing and allow
for easy operation with the thumb of
the operator.

Cutting classification should be no less
than A7/B8/C7/D8/E7/F4 as defined
in NFPA 1936; 2020 and certified by a
3rd party testing agency.

Tool should not weigh more than 41
lbs, excluding power supply
Tool should be able to operate
submerged in fresh water up to 11 ft.

Tool dashboard should illuminate to
notify user of higher than normal
temperature in the main circuit board
Tool dashboard should display a
pressure indicator that continually
changes showing level of pressure
produced by tool throughout operation
Dashboard should indicate battery
state of charge
Open and Close icons shall illuminate
on the tool dashboard when the trigger
control valve is actuated
Illumination of power ring should
change color when the tool reaches a
specified parameter and the tool detects
a greater than 10 degree rotation along
its linear axis, displaying an alert.

City requests a full warranty to cover
all parts and labor for a period of two
(2) years
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0040 Agenda Date: 2/21/2023 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-1 annual contract for Landscape Maintenance of Roadsides and Medians to Elite Maintenance and Tree Service, of Clovis, CA, for $166,675.56 annually for the maintaining of City of Visalia roadsides and medians per specifications of RFB 22-23 -1.

Deadline for Action: 2/21/2023
Submitting Department: Community Services
Contact Name and Phone Number: Joel Hooyer 713-4295; [email protected] Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for Landscape Maintenance of Roadsides and Medians to Elite Maintenance and Tree Service, of Clovis, CA, for $166,675.56 annually for the maintaining of City of Visalia roadsides and medians per specifications of RFB 22-23-1.

Background Discussion:

The Landscape Maintenance of Roadsides and Medians contract encompasses 2,042,592 square feet, or 46.891 acres, is one of two contracts the City of Visalia has to perform landscape maintenance on the Roadsides and Medians within the City, and currently under a month-to-month contract.

See included documents:
· Exhibit D-1, Square footages and acreage
· Exhibit D-2, Maps
On November 17, 2022, the City of Visalia’s solicited bids by advertising with the Visalia Times Delta, posting the RFB on the City of Visalia’s website, and Bid-Net, to obtain a formal contract instead of continuing the current month-to-month contract. The City also mailed RFB notices, inviting approximately thirty contractors to participate in this bid process.

On November 29, 2022, a non-mandatory pre-bid meeting was held in the City Council Chambers. A total of four contractors attended the pre-bid meeting.

During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Visalia City Council Page 1 of 3 Printed on 2/17/2023
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File #: 23-0040 Agenda Date: 2/21/2023 Agenda #: 8.

On December 14, 2022, the City received bids from four (4) contractors. Elite Maintenance and Tree Service, of Clovis, CA was the qualified low bidder for the Landscape Maintenance of Roadsides and Medians contract.
· Elite Maintenance and Tree Service, Clovis, CA $166,675.56 · Westscapes, Hanford, CA $223,051.08
· Perfect Care Landscape and Maintenance, Tulare, CA $240,208.80 · JC’s Land Management, Kingsburg, CA $490,222.08
Elite Maintenance and Tree Service is a new contractor for the City of Visalia but is currently under contract with the City of Fresno, the City of Clovis, and Clovis Community Medical Center for landscape services. Staff performed reference checks and feel confident that EMTS will complete the work as detailed in the RFB’s scope of work.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 22-23-1 annual contract for Landscape Maintenance of Roadsides and Medians would be allocated from the Streets Division 3124-55235 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: N/A
Alternatives: Reject current bids, readvertise or request new direction from Council.

Recommended Motion (and Alternative Motions if expected):

Visalia City Council Page 2 of 3 Printed on 2/17/2023
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File #: 23-0040 Agenda Date: 2/21/2023 Agenda #: 8.

I move to award an annual contract for Landscape Maintenance of Roadsides and Medians to Elite Maintenance and Tree Service, of Clovis, CA, for $166,675.56 annually for the maintaining of City of Visalia roadsides and medians per specifications of RFB 22-23-1.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Landscape Maintenance of Roadsides and Medians RFB 22-23-1, Exhibit D-1, (Square footages) Exhibit D-2 (Location Maps) Elite Maintenance and Tree Service signed bid form, Bidders Summary.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0042 Agenda Date: 2/21/2023 Agenda #: 9.

Agenda Item Wording:

Request authorization to file a notice of completion for Highland Park Estates subdivision containing 55 single-family residential lots located north of West Riggin Avenue and east of North Mooney Boulevard.

Deadline for Action: 2/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]> (559) 713- 4197
Jason Huckleberry, Community Development Assistant Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that City Council authorize the filing of a Notice of Completion for Highland Park Estates Subdivision.

Background Discussion:

The City Council authorized the recording of the final map for Highland Park Estates subdivision on December 6, 2021. Highland Park Estates subdivision was developed by Bonadelle Homes Inc. and contains 55 single-family residential lots. All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer.

All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance and the Subdivision Map Act, a maintenance bond valued at 10% of the cost of the public improvements, in the amount of $130,988.11, has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.

Staff recommends that authorization be given to file the Notice of Completion.

Fiscal Impact:

By authorizing the Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Visalia City Council Page 1 of 2 Printed on 2/17/2023
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File #: 23-0042 Agenda Date: 2/21/2023 Agenda #: 9.

Prior Council Action:

On December 6, 2021, the City Council authorized the recordation of the final map for the Highland Park Estates subdivision. On December 6, 2021, the City Council authorized the formation and assessment of Landscape and Lighting Assessment District No. 21-07.

Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of Notice of Completion for Highland Park Estates.

Environmental Assessment Status: Negative Declaration No. 2006-09.

CEQA Review: Negative Declaration No. 2006-09, adopted February 27, 2006.

Attachments:
1) Aerial Map
2) Final Map
3) Development Disclosure Form
Visalia City Council Page 2 of 2 Printed on 2/17/2023
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RECORDDATAPERACCEPTANCE RESOLUTIONNO. PEDESTRIANACCESSEASEMENT 2:304:13R=1,000.00'L=33.’65' ?“7 FLOODHAZARDZONEINFORMATION H 2007-9735001?!” 71/23/2007A3009N0- CONF’GURATIOND’FFERSFROMTHE1'F00T (A=5"04'45"R=1,000.00’L=88.65') 3’ ASDELINEATEDONTHEFEDERALEMERGENCYMANAGEMENTAGENCY‘S FLOOD 2007-0103602, T.C.R. (0R CALCULATEDTHEREFROM) TYPICALWIDTHATTHENOTEDLOTCORNERS §/ {,2 g“ INSURANCERATE MAP(MAPNUMBER0610700935E)FORCOMMUNITYNO. 060409, 1355 DETA’LFORCONFIGURATION) \ FD. 3,4~,RO~ HPETAGGED CITYOFVISALIA, TULARECOUNTY,CALIFORNIA,EFFECTIVEJUNE16, 2009, THE BASISOFBEARINGS wgpLs4714 pERMAP0,: 375 PROPERTYSHOWN ONTHISMAPLIESPARTIALLYWITHINA FLOODZONEAREA THESOUTHLINE01: THESOUTHWESTQUARTER OFSECTION SHANNONRANCH3,UNITS 1’ DESIGNATEDZONENSHADEDL WH’CHAREAREAS gFO-Z'Cpfif‘fg’mgm 13-13/25A3 8H0w1vONTHEW01: SHANNONRANCHCENTRAL W10 &1,, 111441-373? .1 CHANCEFLOODIN,AREASOF1-PERCENTANNUALHANE L ERE SUBDMSW13500130501111VOLUME400FMAPS,ATPA0599, . \ 9% WW .. AVERAGEDEPTHSARELESS THAN17007, AREAS01-“ 1-PERCENTANNUAL MARE0001177RECORDS 9.. *3 WM1 CHANCEFLOODINGWHERETHECONTRIBUTINGDRAINAGEAREA13 LESSTHA~1 \ ' ‘3»: “"7 3:: SQUAREMILE,ANDAREASPROTECTEDFROMTHE1-PERCENTANNUAL CHANCE \ \ :1: FLOODBYLEVEES.
\ ‘ \ 87 \ \ W ASDELINEATEDONTHEFEDERALEMERGENCYMANAGEMENTAGENCY’S FLOOD , \ \ 88 \ NWM... INSURANCERATE MAP(MAPNUMBER06107009355) FORCOMMUNITY NO. 060409, \ \ \ 0177 OFVISALIA, TULARECOUNTY,CALIFORNIA,EFFECTIVEJUNE16, 2009, THE \ \ 89 \ PROPERTYSHOWN ONTHISMAPLIESPARTIALLYWITHINAFLOOD ZONEAREA 2 9] 9O \/ /’§ \ DESIGNATEDZONEX(UNSHADED), WHICHAREAREAS OUTSIDEOF0.2% ANNUAL L L/ :3, CHANCEFLOODING.
/ ‘8 0 . ‘fl , TL______, i ..————- '1000'00:=7% . (“$30.38 51%, A:4 2116 'V / ‘~ ~ \ EASEMENT/DOCUMENT LIST
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/ / {=5 RESOLUTIONAUTHORIZINGACCEPTANCE OFIRREVOCABLE OFFER70 11115 ______ ..—— / § 017707 VISALMPER000.1350. 11/28/2007AS 000. No.2007-0103602, 0.19.7.0.

9.1 l a EXISTINGZO'EASEMENTFOR RADPURPOSESRECORDEDFEBRUARY28, 1930 I FD. 3/4"]RONPIPE, TAGGED § , 11v BOOK363, PAGE131, 0.13.7.0.

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— . "‘n O I II I ' ' fl 5;) \ N69 23 42 w202.53 [33323420 202.677 ' -' 7~ 0113101191 -" "~ 0120/0121] .3 '~ N89°23'42'W 126 30' ’i ' g ‘8
[N89’23'42”W]
. 1 |§ 74' ,0. @RIGGIN AVENUE
SWCOR.SECT18-18/25
______
31/4 COR.SECT. 18-18/25
FD. 80 FLUSHINCONCRETE \12 ...- r 1014.801(1014,8_0.’) 1 - l 1, 50100. (507. 00.) -— 1010 34' (1010 37') ._.___._
“‘" ' FD. 80 FLUSHINCONC.

PERRM“‘99 "‘ 7:), ~39°23'42"w 2,532.14' (N69723'22w 2.53214911133234211/1 "" ' - - PERPMNO’5315

BASISOFBEARINGS ROADEASEMENTLINE

CONSTRUCTIONCENTERLINE

SECTIONLINE
PREPAREDBY:
‘ézj P.O. BOX7593
324 S. SANTAFEST., STE. A
VISALIA,CA93292
TEL: 559.802.3052
FAX:559.802.3215
SHEET2 OF3
4CREEKS
232
CURVETABLE ‘ CURVETABLE

HIGHLANDPARK
e ESTATES

CURVETABLE
----
mm
mm
mm
mm

CURVETABLE
2,055 00'
C122 0°42'44"

Radial Table
“-
N85° 56'27"E
N85° 56'27"E
802° 06'59"W
mN16°19'21"W
m—
“ N03°10'03"E
m
Radial Table
nN00° 27' 39"E
mN00° 27' 39"E
N17° 30' 44"W
R4 N17° 30' 44"W
mN17° 00' 02"W
mN33° 47' 34"W
m

N30° 43' 07"W
m357°41'5o"w
331°54'18"E
N33°29'24"W
mN12°12'27"W
N27°09'14"W
N76°O4'29"W
SZ7°44'27"E
N32°16'47"W
345° 13'09'w
835°42'12"E
N45°18'09"E

N00" 36' 18"E
mN70”29'05"E
@—m—
m—
m—
w
@-
N00° 36’ 18"E
856" 24'09"W
m321°56'42"W
W826° 47'43"W

Radial Table
n—
m—
@-
S37° 39'03"E
S36° 43'53"E
S41°48’43"E
@—
R88 N73°17'38"W
mN28° 40'34"W

PREPAREDBY:
%
4CREEKS
324 S. SANTAFEST., STE. A
PO. BOX7593
VISALIA,CA93292
TEL: 559.802.3052
FAX:559.802.3215
SHEET3 OF3
233
234
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0043 Agenda Date: 2/21/2023 Agenda #: 10.

Agenda Item Wording:

Request authorization to record the final parcel map for Tentative Parcel Map No. 2003-10, located at the southwest corner of West Hurley Avenue and North Neeley Street (APN: 081-020-089).

Deadline for Action: 2/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (599) 713- 4197
Jason Huckleberry, Community Development Assistant Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2003-10.

Background Discussion:

Tentative Parcel Map No. 2003-10 is a request to subdivide the 25.2-acre remainder parcel per Parcel Map 4627 into 4 parcels in the C-S (Service Commercial) zone. No land development is being considered in association with this parcel map request, however, the subdivider is proposing to install the road infrastructure at this time to facilitate future development of the parcels. Future development of these parcels shall comply with the architectural design guidelines for the Visalia Auto Plaza. An easement for streets, storm drain, and utility purposes previously dedicated under the Tulare County recordation number 2004-0076051 will be vacated by this map and dedicated in fee to the City of Visalia.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final parcel map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map; however, staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.

Visalia City Council Page 1 of 2 Printed on 2/17/2023
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File #: 23-0043 Agenda Date: 2/21/2023 Agenda #: 10.

Fiscal Impact:

The recording of this final parcel map will have no fiscal impact. There are no Landscape and Lighting assessment districts required for this final parcel map.

Prior Council Action:

City Council denied the appeal and upheld Planning Commission’s approval of Parcel Map 2003-10 on December 15, 2003.

Other:

Planning Commission approved Tentative Parcel Map 2003-10, at their meeting on November 10, 2003.

Alternatives: None Recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2003-10.

Environmental Assessment Status:

Environmental Impact Report SCH No. 2003021076
CEQA Review:

In accordance with CEQA, the City Council certified Environmental Impact Report SCH No. 2003021076, on August 18, 2003.

Attachments:

1. Final Parcel Map

2. Location Map

3. Aerial Map

4. Development Disclosure Form
Visalia City Council Page 2 of 2 Printed on 2/17/2023
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SHEET 1 OF 3
JOB NO. 22023
BY: ________________________________

BOARD OF SUPERVISOR'S STATEMENT

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF AMERICAN, INC. ON APRIL 20, 2022. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY , OR WILL OCCUPY, THE POSITIONS INDICATED ON OR BEFORE AUGUST 1, 2023 AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF

CALIFORNIA, DO HEREBY STATE THAT THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/

CLERK OF THE BOARD OF SUPERVISORS
DEPUTY
DATED:__________________
BENJAMIN R. MULLINS, PLS 9227
A
L

TE OF CA
SE

L I CEN
D L AN
ST
D
NR
I FO
UR
S
O
R
VEY
I A
Benjamin R.

Mullins
No. 9227 J:\Jobs\2022\22023\Dwg\FMAP.dwg11/18/2022 3:04 PM

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES

ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH

THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF _______________
ON _______________________, 20___,

BEFORE ME,
_____________________________, A NOTARY PUBLIC
PERSONALLY APPEARED: _________________________________________________________________________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR

AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER 'PENALTY OF PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND. ______________________________________ SIGNATURE OF NOTARY PUBLIC ______________________________________ PRINT NAME
COUNTY OF PRINCIPAL PLACE OF BUSINESS:_________
DATE COMMISSION EXPIRES:__________________
COMMISSION NO. _____________
NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)
OF THE SUBDIVISION MAP ACT.

RECORDER'S STATEMENT
DOCUMENT No.________________________________ FEE PAID:________________ FILED THIS ____________ DAY OF _________________________, 20_________, AT ______________________. M. IN BOOK ____________ OF PARCEL MAPS, AT PAGE ____________, TULARE COUNTY RECORDS, AT THE REQUEST OF LANE ENGINEERS, INC.

TARA K. FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDER BY:__________________________________________________
DEPUTY
TPM 2003-10
PARCEL MAP NO.

JULY 2022
Surveyor: LANE ENGINEERS, INC.
979 N. BLACKSTONE STREET
TULARE, CA 93274
PH. (559) 688-5263

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF CHAPTER 2 OF THE

SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

DATE

CITY PLANNERS' STATEMENT
I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP NO. 2003-10 APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON NOVEMBER 10, 2003.

PAUL BERNAL, COMMUNITY DEVELOPMENT

DIRECTOR/CITY PLANNER
DATE

V I C I N I T Y M A P

PUBLIC STREET IMPROVEMENTS AND CITY FEES ARE DEFERRED
UNTIL THE DEVELOPMENT OF EACH PARCEL.

DEFERRED IMPROVEMENTS & FEES

CROWLEY NEELEY
SITE

PLAZA DRIVE

NO SCALE

AIRPORT
STATE HWY 198 RD 84

HILLSDALE
HURLEY

LEGAL DESCRIPTION
THE "REMAINDER" PARCEL OF PARCEL MAP NO. 4627, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 32 OF PARCEL MAPS, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM PARCEL 1 OF PARCEL MAP NO. 4767, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 48, PAGE 72 OF PARCEL MAPS, TULARE COUNTY RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION AS CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION BY GRANT DEED RECORDED MARCH 16, 2012, INSTRUMENT NO. 2012-0015910, TULARE COUNTY RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION AS CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION BY GRANT DEED RECORDED SEPTEMBER 1, 2017 AS DOCUMENT NO. 2017-0051121 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM PARCEL 1 OF PARCEL MAP NO. 5437 IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 54, PAGE 55 OF PARCEL MAPS, TULARE COUNTY RECORDS.

ALSO EXCEPTING THEREFROM PARCEL 1 OF PARCEL MAP NO. 5351, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 54, PAGE 59 OF PARCEL MAPS, TULARE COUNTY RECORDS.

Owner: AMERICAN, INC.
1345 N. AMERICAN ST.

VISALIA, CA 93291

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD

TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION

SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY. WE HEREBY OFFER TO DEDICATE

AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. RIGHT OF WAY FOR HILLSDALE AVENUE, CENTURY STREET, NEELEY STREET AND HURLEY AVENUE IN FEE TO THE CITY OF VISALIA.

2. PUBLIC EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS

FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PU&SE" (PUBLIC UTILITIES AND SIDEWALK EASEMENT).

FOR: AMERICAN INCORPORATED, A CALIFORNIA CORPORATION

CORWYN OLDFIELD, PRESIDENT DATE
BY:

CITY CLERK'S STATEMENT
THIS IS TO CERTIFY THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE _____ DAY OF ______________, _________, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS PARCEL MAP, AND ON

BEHALF OF THE PUBLIC,
ACCEPTING, SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS;
AND ACCEPTING THE PUBLIC UTILITY AND SIDEWALK EASEMENTS;

AND CONSENTING TO THE ABANDONMENT OF THOSE PORTIONS OF THE PUBLIC UTILITIES AND SIDEWALK EASEMENT PER INSTRUMENT RECORDED AS DOC. NO. 2017-0051122, O.R.T.C.R. AND THOSE PORTIONS OF THE EASEMENT FOR STREET, STORM DRAIN, AND UTILITY PURPOSES PER INSTRUMENT RECORDED AS DOC. NO. 2004-0076051, O.R.T.C.R.

ALL INCLUDED WITHIN THE BOUNDARIES OF THE DIVISION AS SHOWN AND/OR STATED UPON THE MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS _____ DAY OF ________________, 20____.

LESLIE B. CAVIGLIA

CITY MANAGER/CITY CLERK
BY: CHIEF DEPUTY CITY CLERK DATE
JON CRAWFORD, CITY SURVEYOR, RCE 32935

REGISTERED PROFESSIONAL ENGINE
R

STATE OF CAL I FORN IA
JON

GORDON CRAWFORD
CIVIL
32935
EXP________
DATE

CALIFORNIA NOTARY ACKNOWLEGEMENT

NOTICE OF ABANDONMENT
PURSUANT TO SECTION 66434(g) OF THE GOVERNMENT CODE, THE FILING OF THIS FINAL MAP

SHALL CONSTITUTE ABANDONMENT OF A PORTION OF THE FOLLOWING PUBLIC UTILITIES AND

SIDEWALK EASEMENT AND EASEMENT FOR STREET, STORM DRAIN, AND UTILITY PURPOSES

INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP.

1. PUBLIC UTILITY AND SIDEWALK EASEMENT PER INSTRUMENT RECORDED AS DOC. NO. 2017-0051122, O.R.T.C.R.

2. EASEMENT FOR STREET, STORM DRAIN AND UTILITY PURPOSES PER INSTRUMENT RECORDED AS DOC. NO. 2004-0076051, O.R.T.C.R.

WARREN OLDFIELD, VICE PRESIDENT DATE
BY:
237
SW COR. PARCEL 1 OF PM 5351.

FD. 1/2" REBAR TAG'D PLS 5985, 15" DP PER PM 5351.

SW COR. OF PARCEL 1 PER PM 3991.

FD. 1/2" I.P. TAG'D LS 4714, 12" DP.

FD. DAMAGED BRASS DISK W/CENTER

MARK, RCE NUMBER MISSING, ACCEPTED
AS BC MONUMENT SET PER PM 4627.

FD. 1/2" I.P., NO TAG FLUSH
IN PAVEMENT PER PM 4627.

FD. 1/2" I.P., TAG'D RCE 33561
FLUSH IN PAVEMENT PER PM 4627. 370.70
S89°49'42"W 703.00 (S89°49'42"W 703.00) 594.88
N89°49'42"E 516.57
N89°49'42"E 516.51
S89°49'42"W 1048.70
S89°49'42"W 1319.45 (S89°49'42"W 1319.41) 713.12 (713.12) 656.88 N44°49'42"E 28.28
496.46
30' 30'
30' 30' 30' 30' 30' 30'
40' 40'
40' 42' 30' 30' 30' 30' S00°10'18"E 1083.82 (S00°10'18"E) N00°10'18"W 1370.00 546.63 502.07 418.00 430.00 410.00 438.00 430.00 430.00 N00°10'45"W 1430.00 (N00°10'45"W) ((N00°10'45"W)) 546.45 (546.41) 773.00 (773.00) 795.04 ((795.12)) 604.96 (605.08) NEELEY ST.

HILLSDALE AVE. CENTURY ST.

HURLEY AVE.

CROWLEY AVE.

20.00' EASEMENT FOR STORM DRAINAGE

PIPELINE AND INCIDENTAL PURPOSES
PER DOC. NO. 2004-0076053, O.R.T.C.R.

RIGHT OF WAY DEDICATED TO THE CITY OF VISALIA
IN FEE PER DOC. NO. 2017-0051121, O.R.T.C.R.

EASEMENT TO THE CITY OF VISALIA

FOR STREET, STORM DRAIN, AND
UTILITY PURPOSES PER DOC. NO.
2004-0076051, O.R.T.C.R.
20'

6.00' WIDE PUBLIC UTILITIES & SIDEWALK
EASEMENT PER DOC. NO. 2004-0076052, O.R.T.C.R.
6'
6'
6'
PARCEL 4

9.82 AC.

PARCEL 1

5.19 AC.

PARCEL 2

5.10 AC.

PARCEL 3

5.09 AC. 20'

20.00' EASEMENT FOR STORM DRAINAGE PIPELINE
AND INCIDENTAL PURPOSES PER DOC. NO.
2008-0047939, O.R.T.C.R.

BFE 287.5 (NGVD 29)
BFE 288.0 (NGVD 29)
BFE 288.5 (NGVD 29)
BFE 289.0 (NGVD 29)
6' 713.12 (713.12) 370.70

6.00' WIDE PU&SE PER THIS MAP BASIS OF BEARINGS
NOTHING FOUND OR SET. 42' 42'
SEE SHEET 3 FOR MORE DETAIL 606.88
L1
311.41 L2
235.04 (235.00) L3
EX. R/W

PORTION OF RIGHT OF WAY NOTED TO
BE ABANDONED PER PM 4627 SHOWN
HATCHED. NO EVIDENCE THAT
ABANDONMENT EVER TOOK PLACE. 606.88 663.12 1370.00 12' 12' PARCEL MAP NO.

SET 3/4" IRON PIPE TAGGED PLS 9227, 18" DEEP (UNLESS

NOTED OTHERWISE)
FOUND BRASS DISK FLUSH IN CONC. W/CENTER MARK STAMPED
RCE 33561 PER PM 4627 (UNLESS NOTED OTHERWISE)
SET 1/2" REBAR TAGGED PLS 9227, 6" DEEP (UNLESS NOTED

OTHERWISE)
SHEET 2 OF 3
JOB NO. 22023 J:\Jobs\2022\22023\Dwg\FMAP.dwg11/18/2022 3:04 PM LEGEND
(R)
[ ]
( )
(( ))
RECORD DATA PER PARCEL MAP NO. 5207 REC. IN BK. 53 OF
PARCEL MAPS, PG. 14, T.C.R., OR CALCULATED THEREFROM.

RADIAL BEARING

ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF

BOLD LINE INDICATES SUBDIVISION LIMITS

BASIS OF BEARINGS
THE CENTERLINE OF NEELEY ST. BEARS S00°10'18"E PER PM 4627. 0 SCALE: 1" = 100'
100 50 100
RECORD DATA PER PARCEL MAP NO. 5351 REC. IN BK. 54 OF
PARCEL MAPS, PG. 59, T.C.R., OR CALCULATED THEREFROM
RECORD DATA PER PARCEL MAP NO. 4627 REC. IN BK. 47 OF
PARCEL MAPS, PG. 32, T.C.R., OR CALCULATED THEREFROM
TPM 2003-10
1 1
1 1 PORTION OF EASEMENT FOR STREET, STORM DRAIN, AND
UTILITY PURPOSES PER DOC. NO. 2004-0076051, O.R.T.C.R.

ABANDONED AND DEDICATED AS RIGHT OF WAY IN FEE TO THE
CITY OF VISALIA PER THIS MAP.
1 FLOOD HAZARD ZONE:

AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCYS' FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0909E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES

FULLY WITHIN ZONE AE, WHICH ARE SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINED. THE BASE FLOOD ELEVATION LINES AND VALUES ARE SHOWN UPON THIS MAP.

VERTICAL DATUM NOTE:

BASE FLOOD ELEVATION VALUES SHOWN ON THIS MAP ARE CONVERTED FROM THE NORTH AMERICAN VERITCAL DATUM OF 1988 (NAVD 88) TO THE CITY OF VISALIA DATUM BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 29) USING THE CONVERSION FACTOR OF

2.73 ESTABLISHED IN FEDERAL EMERGENCY MANAGEMENT AGENCYS' FLOOD INSURANCE STUDY DATED JUNE 16, 2009. THE CONVERSION FACTOR OF 2.73 IS SUBTRACTED FROM THE NAVD 88 VALUE TO OBTAIN THE EQUIVALENT NGVD 29 VALUE.

1. MATTERS CONTAINED IN THAT DOCUMENT ENTITLED "CONDITIONAL ZONING AGREEMENT NO. 2003-01", RECORDED OCTOBER 3, 2003 AS INSTRUMENT NO. 2003-0096292, O.R.T.C.R.

2. COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY COVENANTS OR

RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE,

COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL

ORIENTATION, MARITAL STATUS, NATIONAL ORIGIN, ANCESTRY, FAMILIAL STATUS,

SOURCE OF INCOME, DISABILITY, VETERAN OR MILITARY STATUS, GENETIC INFORMATION,

MEDICAL CONDITION, CITIZENSHIP, PRIMARY LANGUAGE, AND IMMIGRATION STATUS, AS

SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID

COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH IN THE DOCUMENT RECORDED JULY 30, 2004, RECORDED AS INSTRUMENT NO. 2004-0076057, O.R.T.C.R.

3. MATTERS CONTAINED IN A DOCUMENT ENTITLED "QUITCLAIM AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS" RECORDED SEPTEMBER 2, 2005 AS INSTRUMENT NO. 2005-0096568, O.R.T.C.R.

NON-PLOTTABLE EASEMENTS AND CONDITIONS THAT MAY AFFECT

SUBJECT PROPERTY
238
317.54 S87°20'33"E 196.78
S57°24'19"E

53.98 S14°58'24"E 113.16
L=118.8
4 Δ=14°4
8'06" R=4
6 0.00
496.63 S45°10'18"E 28.28
S89°49'42"W 1048.70
C3
[S14°58'24"E 191.62] S14°58'24"E 191.62
L=129.17 [L=129.17] Δ=14°48'0
6"
[Δ=14°48'06"] R=500.0
0 R[ =500.00] 30' 30' 30' 30'
546.63 502.07 NEELEY ST. CENTURY ST.

HURLEY AVE.

PORTION OF 6.00' WIDE PUBLIC UTILITIES AND SIDEWALK
EASEMENT PER DOC. NO. 2017-0051122, O.R.T.C.R. TO BE

ABANDONED PER THIS MAP SHOWN FADED
C2 ((C2))
C1 6'
PARCEL 1

5.19 AC.

N09°50'15"W (R) N04°23'44"W (R) N00°10'18"W (R)
N75°01'36"E (R)
S89°49'42"W (R)
N15°02'53"W (R)
C4 42' 42'
PORTION OF 6.00' WIDE PUBLIC UTILITIES AND SIDEWALK 6'
EASEMENT PER DOC. NO. 2017-0051122, O.R.T.C.R. TO REMAIN

6.00' WIDE PU&SE PER THIS MAP 6'
6' PORTION OF 6.00' WIDE PUBLIC UTILITIES AND SIDEWALK
EASEMENT PER DOC. NO. 2017-0051122, O.R.T.C.R. TO REMAIN PORTION OF 6.00' WIDE PUBLIC UTILITIES AND SIDEWALK
EASEMENT PER DOC. NO. 2017-0051122, O.R.T.C.R. TO BE
ABANDONED PER THIS MAP SHOWN FADED 6'

6.00' WIDE PU&SE PER THIS MAP 6' S00°10'18"E 141.09
N20°08'15"E 105.83 N00°10'18"W 129.36
L=221.18
Δ=16°43'07" R=758.00 84.00
EX. R/W
S69°51'45"E (R)
C7 N68°38'35"W (R) 496.63 452.07 L6L7L5 L4
C6

RIGHT OF WAY DEDICATION
IN FEE PER THIS MAP S44°49'42"W 28.28

RIGHT OF WAY DEDICATION

IN FEE PER THIS MAP
C5 PORTION OF RIGHT OF WAY NOTED TO BE ABANDONED PER PM 4627 SHOWN HATCHED. NO EVIDENCE THAT ABANDONMENT EVER TOOK PLACE. 42'
42'
N21°06'51"W (R)

RIGHT OF WAY DEDICATION PER
INSTRUMENT RECORDED AS DOC. NO.
20___-_______________, O.R.T.C.R.

6.00' WIDE PU&SE TO BE PER
INSTRUMENT RECORDED AS DOC. NO.
20___-_______________, O.R.T.C.R. 6' L8 12' 12' 12'

CURVE TABLE
CURVE #
C1
C2
C2
C3
C4
C5
C6
C7
LENGTH
207.71
148.74
148.74

58.98 79.97

9.15 62.07
142.04
DELTA
14°52'35"
10°39'09"
10°39'09"
4°13'26"
5°26'31"
1°13'10"
4°13'26"
9°39'57"
RADIUS
800.00
800.00
800.00
800.00
842.00
430.00
842.00
842.00

LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8

BEARING
S89°49'42"W
S0°10'18"E
S0°10'45"E
N44°49'42"E
S45°10'18"E
N0°10'18"W
N0°10'18"W
S0°10'45"E

DISTANCE

30.00 30.00

60.00 28.28

28.28 12.00

12.00 12.00
(( )) (( )) (( )) (( ))

58.97 PARCEL MAP NO.

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JOB NO. 22023 J:\Jobs\2022\22023\Dwg\FMAP.dwg11/18/2022 3:04 PM 0 SCALE: 1" = 60'
60 30 60
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0046 Agenda Date: 2/21/2023 Agenda #: 11.

Agenda Item Wording:

Authorize the City Manager to enter into a sole source contract with Syncromatics Corporation for Transit software in an amount not to exceed $100,000.00 (from the operations budget 4551/55520) per year with four additional single year extensions and a total not to exceed $500,000.00.

Deadline for Action: 2/21/2023
Submitting Department: Administration - Transit
Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected], (559) 713-4591 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

It is recommended that the City Manager be authorized to enter into a sole source one year contract with Syncromatics Corporation for a not to exceed amount of $100,000.00 per year with four additional single year extensions.

Background Discussion:

Syncromatics Corporation (Syncromatics) is a technology vendor that supplies and monitors the APC’s (Automatic Passenger Counters), the GPS systems, and route announcement systems on the Fixed Route buses for Visalia Transit. These systems are vital and their functions keep Visalia Transit in compliance with State and Federal regulations.

History:

The Transit Division issued a Request for Proposals (RFP) for ITS (Information Technology Services) in 2015. The ITS product would deliver a software that allows Visalia Transit the ability to monitor passenger counts, vehicle locations, and produce route information throughout the system.

Syncromatics was issued a Purchase Order (PO) and contract in 2016 following the competitive RFP process. The PO covered the project implementation, the hardware install for the project, and the first yearly maintenance fee. Following the exhaustion of the PO, the contract then took over the yearly maintenance of the hardware and software on the buses. Like many software deployments, the vendor struggled with the implementation process and Visalia Transit did not have functioning hardware and software on the Fixed Route buses until March of 2018. This delayed the start of the contract maintenance term.

Syncromatics agreed to delay the start of the maintenance contract until there was a fully functional system on the buses. The second maintenance year of the contract did not begin until March 1 of 2018 and the third year ending at the end of February 2020. Like many ongoing operational maintenance contracts, Visalia Transit was managing the contract on a typical five year contract and in 2022 asked for an extension which was granted. It wasn’t until 2023 when staff learned that the Visalia City Council Page 1 of 2 Printed on 2/17/2023
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original Syncromatics contract was only issued for 3 years term, and not five.

At this time Transit would like to enter into a new contract with Syncromatics for up to 5 years for a not to exceed amount of $100,000 per year for maintenance and continuity of services and reporting.

This is a not to exceed amount of $500,000.00 over 5 years.

Fiscal Impact:

Since 2018, Syncromatics has been under contact to provide the hardware and software. The ongoing maintenance contract has been paid out of the Transit Division operations budget 4551/55520. Staff intends to continue to pay the invoices per the contract out of the operations budget with a not to exceed amount of $100,000.00 per year.

This is a continuation for an existing contract and technology service for Visalia Transit.

Prior Council Action:

April, 4 2016 - City Council authorized a contract for Syncromatics Corporation for ITS hardware and software.

Alternatives:

Extend the existing contract for a limited time and direct Staff to issue a new RFP for hardware and software services.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a sole source contract with Syncromatics Corporation in an amount not to exceed $100,000.00 annually with an option to extend the contract for maximum of five years.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

C15082 Syncromatics Contract, Syncromatics Invoice, Syncromatics previous Council Item Visalia City Council Page 2 of 2 Printed on 2/17/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0048 Agenda Date: 2/21/2023 Agenda #: 12.

Agenda Item Wording:

Appoint Lori Berger to the Delta Vector Control District Board to serve as the City of Visalia Council appointed representative to fill the vacant unexpired four-year term effective February 21, 2023 and ending December 31, 2026.

Deadline for Action: 2/21/2023
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, 713-4512, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended by the Council Appointment Subcommittee consisting of the Mayor and the Vice Mayor, that the City Council appoint Lori Berger to the Delta Vector Control District Board to serve as the City of Visalia Council appointed representative to fill the vacant unexpired four-year term effective February 21, 2023 and ending December 31, 2026.

Background Discussion:

The Delta Vector Control District is a special district that works to enhance public health by controlling mosquitoes. The City Council is empowered under State law to appoint a representative to serve on the board of directors of local mosquito abatement districts. In the case of Delta Vector Mosquito Abatement District, Health and Safety code 2024 provides the term of office shall be for two or four years, at the discretion of the appointing authority.

The Visalia representative seat on the Delta Vector Control District is currently vacant due to Michael Cavanagh’s resignation from the board in 2022.

Lori Berger is interested in serving as the City of Visalia’s representative. She has a Bachelor Science degree in Crop Science and MS/Ph.D. degrees in Entomology. There were two applications received. The Subcommittee felt that her background uniquely qualified her to fill this position.

Fiscal Impact:

None.

Prior Council Action: December 20, 2021 - Council appointed Mike Cavanagh to a second term.

Alternatives: Not appoint and proceed with direction provided by Council.

Recommended Motion (and Alternative Motions if expected):

Appoint Lori Berger to the Delta Vector Control District Board to serve as the City of Visalia Council Visalia City Council Page 1 of 2 Printed on 2/17/2023
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appointed representative to fill the vacant unexpired four-year term effective February 21, 2023 and ending December 31, 2026.

Environmental Assessment Status: n/a
Attachments: Lori Berger’s application for appointment and resume.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0034 Agenda Date: 2/21/2023 Agenda #: 1.

Agenda Item Wording:

A public hearing to consider an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2022-23, a request by Maracor Development to establish a 292-unit deed restricted affordable multi-family residential development on 10.8 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone and the Notice of Exemption that was prepared for the conditional use permit in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750- 051).

Deadline for Action: 2/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559)713-4636
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2023-02 denying the appeal and upholding the Planning Commission’s approval of Conditional Use Permit No. 2022-23. The resolution with the findings denying the appeal is attached to the staff report.

Summary:

The Planning Commission conducted a public hearing on January 9, 2023, for this project. There was considerable public testimony in opposition to the proposed multiple-family development. The issues discussed at the public hearing included traffic, impact to Annie R. Mitchel school, crime, property values, project density, and presence of a “native Sierra Nevada red fox”. After taking public testimony the Planning Commission requested staff provide responses to the items raised which staff provided detailed responses. Upon closing the public hearing and taking into consideration all written information and public testimony, the Planning Commission voted 5-0 to approve the project.

Background Discussion:

Project Description:

The conditional use permit is a request to allow the development of a 292-unit deed restricted affordable multi-family residential development in the R-M-2 zone (see Exhibit “A” and the Figure 1 Visalia City Council Page 1 of 11 Printed on 2/17/2023
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affordable multi-family residential development in the R-M-2 zone (see Exhibit “A” and the Figure 1 below). The 10.8-acre parcel is located on the southwest corner of East K Avenue and South Ben Maddox Way.

The multi-family development will be developed at a density of 27.04 units per acre. The density proposed for this development, above the 15 units per acre otherwise set by the General Plan and Zoning Ordinance for the R-M-2 zone, is allowed with a Density Bonus as legally established per state law. This is discussed in greater detail under the State Density Bonus Law section below.

The multi-family development consists of two- and three-story buildings containing seven building types with one, two, and three-bedroom units surrounded by on-site landscaping. The development will include a total of 578 parking stalls. Of those stalls, 292 will be covered parking stalls and 286 open parking stalls, 12 of which are accessible. Based on the total number of units, 511 parking stalls are required. The project will include a community center, tot lot, swimming pool, and dog park. The multi-family development proposes a six-foot high wood fence along the west project boundary adjacent to an existing single-family development. An existing block wall will remain along the southern project boundary adjacent to existing single-family homes.

The circulation pattern within the proposed development is self-contained. Vehicular access to the development is located on East K Avenue and Ben Maddox Way. Vehicular access on Ben Maddox is restricted to “right-in/right-out” due to the median island in Ben Maddox. The project also supports expanding pedestrian circulation connectivity by providing pedestrian connections to adjacent street frontages.

This project also includes the construction of a 10-foot sidewalk along East K Avenue and the extension of the 8-foot sidewalk along Ben Maddox Way, with landscaping frontage improvements.

Landscaping improvements installed along both street frontages will be maintained by the developer/property management company. The project will also require additional widening of K Avenue at the Ben Maddox intersection. This additional widening is required to accommodate three lanes approaching the Ben Maddox along K Avenue to facilitate turning movements in each direction through this intersection. In addition, other utility services including electricity, gas, phone/cable, and water will be extended on-site from existing services available in the project vicinity.

The site plan, elevations, floor plans and project related information are attached to the staff report and labeled accordingly.

Good Neighbor Policies and Management and Maintenance Standards:

The project is subject to the City’s Good Neighbor Policies (GNPs) for multi-family residential development. The GNPs are a set of management and maintenance requirements that address the common maintenance of buildings and grounds. The GNPs prohibit the storage of boats, trailers, and recreational vehicles over one ton outside of carports, and require all buildings, mechanical equipment, and grounds to be maintained in good working order and in a neat and orderly fashion.

Among the conditions adopted for this project is a requirement for maintenance and management staff to either be on-site or available by telephone at all times, with phone numbers to be provided to the Police Department dispatch center.

General Plan Consistency Finding:

Project compatibility with the City’s General Plan must be made as a finding for the conditional use permit entitlement. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation Visalia City Council Page 2 of 11 Printed on 2/17/2023
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permit entitlement. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility.

The proposed project will result in the creation of a new multi-family residential development which is consistent with General Plan land use designation of Medium Density Residential and the R-M-2 zoning designation for the site. The project consists of 3 two-story buildings and 7 three-story buildings totaling 292 units. The three-story buildings are planned along the street frontages and interior of the project while the two-story buildings will be place along the back of the development closer to the neighboring single-family development to the south. The areas south, east, and west of the subject site are comprised of single-family residential development. There are also single-family homes along with vacant property planned and zoned for multi-family to the north across East K Avenue.

State Density Bonus Law:

The State Density Bonus Law (California Government Code Section 65915 to 65918) creates incentives for developers that provide affordable housing within their projects by granting increased density which than allows a developer to seek other regulatory incentives known as “concessions and incentives” from development standards. Under Government Code Section 65915(f)(3)(D)(i), projects that provide 100% of the units as affordable for lower income residents are eligible for 80% additional density over the base density allowed under the Project site's zoning. Additionally, under Government Code Section 65915(d)(2)(D) projects that provide 100% of the units as affordable for lower income residents are eligible for up to four (4) concessions and incentives. Under the State Density Bonus Law, a concession and incentive is defined as a reduction in a development standard (zoning or design requirements) that will result in an identifiable and actual cost reduction for affordable housing (Government Code Section 65915(k)(1). Please note, the developer of this project is not seeking any concessions or incentives afforded to them under the State Density Bonus Law and has opted to comply with the development standards as required in the Zoning Ordinance. The developer is only seeking a density bonus as prescribed by state law.

Based on the site’s Medium Density Residential land use designation, which permits residential density between 10 to 15 units per acre, and the R-M-2 zoning designation for the site, the site could accommodate a base density of 162 residential units, which equates to 15 units per acre. However, based on the project providing 100% affordable housing units the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The 80% increase brings the overall project density to 292 units which equates to 27.04 units per acre. The density bonus law precludes a city from denying a density bonus request as long as the project provides the necessary amount of affordable housing as Visalia City Council Page 3 of 11 Printed on 2/17/2023
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proposed.

To ensure compliance with state law, the project’s conditional use permit is conditioned to enter into an affordable housing agreement with the city and the affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

Planning Commission Public Hearing:

On January 9, 2023, the Planning Commission held a public hearing for Conditional Use Permit No. 2022-23.

The Planning Commission received the information contained in the staff report, a staff presentation and public testimony from the applicant and numerous neighbors who expressed concerns and issues related to the proposed project. Several neighbors spoke in opposition to the project including issues related to number of units proposed for the site (density), crime, school overcrowding at Annie R. Mitchell Elementary School, traffic, lack of infrastructure improvements, impacts to property values, management of the property, lack of public hearing notices not being received by residents in the area, and potential endangered species on-site (Sierra Nevada red fox). At the close of the public hearing, staff provided responses to all of the concerns raised by the public related to items within the purview of the Planning Commission. Please note, the concerns raised at the public hearing are the same issues stated in the appeal letter (please see Appeal Section below and attached Appeal received January 19, 2023).

Upon closing the public hearing, the Planning Commission deliberated the merits of the project including the State Density Bonus allowances as prescribed by state law, street frontage improvements required for the project, and the conditions of the project that included property maintenance conditions in the form of Good Neighbor Policy conditions. After considering all information, the Planning Commission voted 5-0 to approve the project.

Appeal:

On January 19, 2023, staff received an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2022-23. The appeal, filed by Mike Smith, is included as an Attachment 1 to this report. A brief summary of the items stated in the appeal are as follows:

1. Use of a California Environmental Quality Act (CEQA) exemption issued for the project due to the possibility of a potential significant effect of the project on the environment due to the possibility of the presence of an endangered species (Sierra Nevada red fox).

2. Overcrowding of the local elementary school in the area (Annie R. Mitchell).

3. Pedestrian safety and crossings.

4. Decrease in property values for surrounding homes.

5. Concerns on existing infrastructure.

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6. Crime.

Staff also received a letter of support prepared by the applicant’s legal counsel, Peter F. Ziblatt, Principal Attorney Pelosi Ziblatt Law Group dated February 09, 2023, in response to the appeal. A copy of that letter is attached as Attachment 2 to this staff report.

Issues Cited in Appeal:

1. Use of a CEQA exemption issued for the project failed to adequality analyze a potential “unusual circumstance” due to the presence of a “Sierra Nevada red fox”.

The appeal states that the City errored in preparing a California Environmental Quality Act (CEQA) exemption based on the project site having an unusual circumstance due to the presence of a potential “native red fox” in the area (see Attachment 1).

City Response: The appeal provides photographs of a fox, but there is no evidence that the animal photographed is a protected species, the appeal letter alludes it to be the protected Sierra Nevada red fox. Staff further notes the photograph of the fox appears to be taken on property located north of the project site.

Based on the information contained in the appeal letter, the project applicant has provided additional analysis prepared by H.T. Harvey & Associates (see Attachment 3) who are qualified experts in biology and ecology. The analysis provided notes that there are three species of red fox recognized in California: the non-native red fox (Vulpes vulpes; Lewis et al. 1999), Sacramento Valley red fox (Vulpes vulpes ssp. nov.; Sacks et al. 2010), and the federally endangered and state threatened Sierra Nevada red fox (Vulpes vulpes necator; California Department of Fish and Wildlife 2000, U.S.

Fish and Wildlife Service 2018). The analysis reaffirms the fact that the project site is not within the known habitat for Sierra Nevada red fox as documented by both the U.S. Fish & Wildlife Service and CDFW and that the closet observations of the Sierra Nevada red fox are from “observations more than 60 miles northeast of the [project site] at an elevational difference of more than 11,000 feet.” The analysis further states that project site is not within, and distant from the habitat associated with the listed endangered Sierra Nevada red fox species. The analysis concludes that the fox pictured is a non-native red fox which can be found throughout California including in urbanized areas due to the non-native red fox species being highly adaptable.

To further address this item, a qualified wildlife ecologist with H.T. Harvey & Associates performed a biological survey on the 10.8-acre project site on February 9, 2023. The ecologist walked and noted the physical characteristics of the site. Observations noted from the field visit are provided in their letter dated February 9, 2023, which is attached to the staff report as Attachment 4. The letter further states that “wildlife and wildlife sign observed at the site included limited sign of Botta’s pocket gopher and California ground squirrel, and a gray fox (Urocyon cinereoargenteus).” The letter concludes that, “fox dens are currently absent from the proposed development site. Fox species capable of using the proposed development site in its current condition include grey fox and nonnative red fox. Both the non-native red fox and the gray fox are common species and are not afforded protection under the federal Endangered Species Act or the California Endangered Species Act. The locality and habitat conditions of the proposed development site is unsuitable for the Sierra Nevada red fox (Vulpes vulpes necator)”.

In regard to environmental impacts associated with development in accordance with City plans, citywide biological resources were previously evaluated in the Visalia General Plan Update Environmental 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 Visalia City Council Page 5 of 11 Printed on 2/17/2023
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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 Planning Area. Please note the endangered species Sierra Nevada red fox is a species not listed in the City’s planning area because the geographical location of the City of Visalia does not provide the habitat conditions needed for the listed endangered species of red fox as documented by both the California Department of Fish and Game or U.S. Fish and Wildlife Service.

In addition, the project site has no other known 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. The project would therefore not have a substantial adverse effect on a sensitive, candidate, or special species. The project does not conflict with any applicable habitat conservation plan or natural community conservation plan as it is located on a vacant dirt lot with no significant natural habitat present.

Furthermore, the project site has been disturbed on an annual basis as a result of the property owner tilling the site to comply with the City’s Municipal Code Chapter 8.56 Weed and Property Maintenance ordinance. As required per this chapter, the legal owner of property shall be responsible for the removal or destruction of all such weeds, trash, junk and other debris as set forth in this chapter from his/her property. The property owner has informed staff that this is done annually to comply with the provisions of this chapter.

Based on the letters provided by H.T. Harvey & Associates, the field survey conducted on February 9, 2023, and the project’s consistency with the City’s General Plan EIR, General Plan, and Zoning Ordinance, staff concludes the issuance of a Notice of Exemption pursuant to Section 15183 is in compliance with statutory requirements of CEQA.

2. Overcrowding in Local School (Annie R. Mitchell)
As discussed in the attached appeal, the concern is that the number of students generated from the proposed project combined with other newly built residential developments in the area will significantly impact student enrollment which may result in potential outplacement to neighboring schools.

City Response: Staff contacted Visalia Unified School District (VUSD) staff to discuss capacity concerns related to new residential development. VUSD staff informed City staff that the district supports growth of the City, and school impact fees collected for both residential and commercial developments goes towards funding new school sites throughout the entire community. The district continually monitors development activity as they look for properties to develop with new school facilities along with adjusting school boundaries to help provide relief for schools impacted with high enrollment numbers.

Furthermore, the Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a Visalia City Council Page 6 of 11 Printed on 2/17/2023
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development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact.

Per the analysis provided in the Planning Commission staff report and as described under the General Plan Consistency and State Density Bonus sections of the staff report above, there is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance and development standards. The School District, per their information, can enroll new students into their existing school sites while continually seeking properties to build future school sites to accommodate growth as anticipated per the City’s General Plan.

3. Pedestrian safety and crossings.

The appeal states concerns for pedestrian safety that were not adequality addressed in the Planning Commission staff report. The appeal states the lack of curb, gutters, sidewalks, railroad crossings, proper streetlighting or bicycle lanes.

City Response: As previously described in the “Project Description” section of the staff report, the project is required to construct a 10-foot sidewalk along East K Avenue, which is designed to accommodate both bicycles and pedestrians and is required to build an 8-foot sidewalk along Ben Maddox Way. In addition to the sidewalks, curb, gutter, and streetlights will be installed along both Ben Maddox Way and K Avenue as required per the City’s Engineering Development standards. The project will also require additional widening of K Avenue at the Ben Maddox Way intersection. This additional widening is required to accommodate three lanes approaching the intersection along K Avenue to facilitate turning movements in each direction through this intersection. These improvements along with several other offsite improvements are conditions of project approval, which are included in the attached City Council resolution.

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 the increase in traffic. The Ben Maddox Way and K Avenue intersection is monitored by the City to determine when future signalization will occur at this intersection. The development of the site will result in the developer paying into the City’s Transportation Impact Fee program which is used to pay for roadway improvements throughout the entire community.

4. Decrease in property values.

The appeal states neighbors are concerned about declining property values based on the size of the project related to the surrounding low-density developments.

City Response: As noted in the “History of Ben Maddox Way and K Avenue Property Entitlements” section below, since 1991/1992 the project site has always retained a land use and zoning designation that permits the development of the site with multi-family residential units. This land use and zoning designation were in place as the surrounding area was developed with single-family Visalia City Council Page 7 of 11 Printed on 2/17/2023
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subdivisions.

The project site is within the City of Visalia’s Tier I Urban Development Boundary as implemented by the City’s General Plan and the project is consistent with the Land Use Element of the General Plan, and consistent with the standards for the R-M-2 zoning pursuant to Visalia Municipal Code Title 17 (Zoning Ordinance). The project as a whole does not conflict with any land use plan, policy or regulation of the City of Visalia.

Furthermore, based on the project providing 100% affordable housing units, the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The density bonus law precludes a city from denying a density bonus request as long as the project provides the necessary amount of affordable housing as proposed. Also, the HAA requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impac t. Speculation about the project’s impact on property values, which is not a health or safety concern, do not rise to the level of necessary evidence to justify project denial.

5. Existing Infrastructure.

The appeal states concern on the project’s usage and strain on existing City infrastructure in the area.

City Response: Per the City’s Engineering Development Division’s Site Plan Review comments, the project shall connect to the existing sewer and stormwater lines existing in Ben Maddox Way and K Avenue to serve this new development, consistent with the City’s Sewer Master Plan and Storm Water Master Plan. In addition, stormwater captured by the development will drain to the stormwater basin located along Burke Street west of the project site. Any excavation of the stormwater basin to capture the projects stormwater will be at the expense of the developer. The project will also have domestic water service by California Water Service Company (Cal Water).

6. Crime in the area.

The appeal states many residents in the area are concerned about an increase in crime the project may bring due to crime clustered in high density areas based on the City’s Crime Map.

City Response: There is no substantial evidence presented by the appellant that correlates the claim that the project will result in an increase in crime in the area. The appellant’s statement is speculative about the project’s impact on increasing crime in the area and does not rise to the level of necessary evidence to justify project denial.

As noted on the City’s Crime Map webpage, the Community Crime Map is an overview of designated crimes within the entire Visalia City limits. The crime map represents statistics by geographic area for reported crimes as compiled by the Visalia Police Department. All data visuals/locations are approximate and attempts to derive specific addresses is prohibited. Note that the crime map is a Visalia City Council Page 8 of 11 Printed on 2/17/2023
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approximate and attempts to derive specific addresses is prohibited. Note that the crime map is a picture of crime and is not all-inclusive. A review of the crime map within a one-mile radius of the project site (without the project being developed) depicts various reported crimes within the area.

History of the Ben Maddox Way and K Avenue Property Entitlements:

Upon adoption of the General Plan Land Use Element in 1991, the subject site was added to the City’s urban growth boundary and designated for Residential Medium Density land use (10 to 15 dwelling units per acre). In 1992, the site was annexed into the City limits and was assigned R-M-2 (Multi-Family Residential) zoning based on the land use designation of Medium Density Residential.

Between 1998 through 2017, the Planning Commission considered four proposed residential developments for this project site.
1998 Conditional Use Permit No. 98-29.

The Conditional Use Permit (CUP) was approved by the Planning Commission on November 23, 1998. The CUP was a request by the Donald Lawrence Fulbright Company to allow a 254-unit apartment complex with a day care center on the southwest and southeast corners of Ben Maddox Way and K Avenue. No construction commenced for this project and the CUP expired in 2001.
2003 Conditional Use Permit No. 2003-05.

This Conditional Use Permit (CUP) was considered by the Planning Commission on March 24, 2003. The CUP was a request by George and Patricia Congleton and Donald Lawrence Fulbright Company to allow a 254-unit apartment complex with a day care center on the southwest and southeast corners of Ben Maddox Way and K Avenue. The Planning Commission held a public hearing that included written and verbal opposition toward the project and motioned to continue the CUP for 30 days. The CUP ultimately did not return to the Commission for further deliberation, and the CUP application was later withdrawn by the applicant on October 2, 2003. 2007 Maddox at Caldwell VII Tentative Subdivision Map No. 5531 and Conditional Use Permit No. 2007-09.

This project was approved by the Planning Commission on April 23, 2007. The project was a request by the Donald Lawrence Fulbright Company to subdivide 13.5 acres into 115 lots and to allow a planned residential development containing both single and duplex units on the southeast and southwest corners of Ben Maddox Way and K Avenue. Please note, the subdivision map located on the southeast corner was recorded and created 41 lots, and that the duplex units were omitted from the development under Conditional Use Permit No. 2017-15. These lots are being developed by DR Horton. The map associated with this project for the southwest corner was not recorded.
2017 The Grove Tentative Subdivision Map No. 5562 and Conditional Use Permit No. 2017-

15. This project was approved by the Planning Commission on July 10, 2017. The project was a request by Swift Homes to subdivide the southwest corner of Ben Maddox Way and K Avenue into 60-lots consisting of 53 single-family residential lots and 7 multi-family residential lots for a planned unified residential development. The total unit count for this development was 97 units consisting of both single-family and multi-family units. No construction commenced for this project and the developer and Swift Homes is no longer seeking development of the site.

Correspondence:

A letter from a resident in the area has been submitted and is included as an attachment to the staff Visalia City Council Page 9 of 11 Printed on 2/17/2023
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A letter from a resident in the area has been submitted and is included as an attachment to the staff report. Their letter sites opposition to the project based on issues that are raised in the appeal.

Fiscal Impact: N/A
Prior Council Action: None.

Other: N/A
Alternatives:

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

1. Uphold the Appeal and deny Conditional Use Permit No. 2022-23. City Council “findings” will need to be integrated into a Resolution for Council review and approval at a subsequent meeting.

2. Deny the Appeal and refer the matter back to the Planning Commission for further evaluation.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit No. 2022-23.

Environmental Assessment Status:

The project is consistent with the General Plan designation and Zoning designation, and its related development density, for which an environmental impact report (EIR) has been certified (i.e., City of Visalia General Plan General Plan Program EIR certified by Resolution No. 2014-37, adopted on October 14, 2014); therefore, the project is ministerially exempt under the findings of State CEQA Guidelines Section 15183.

CEQA Review:

A Notice of Exemption was prepared for the conditional use permit. Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site. Therefore, Notice of Exemption No. 2022-51 was filed for this project.

Attachments:

1. Resolution No. 2023-02 denying the appeal.

2. Attachment 1 - Appeal received January 19, 2023

3. Attachment 2 - Letter of Support from Peter F. Ziblatt, Principal Attorney Pelosi Ziblatt Law Group dated February 9, 2023
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4. Attachment 3 - H.T. Harvey & Associates Red Fox Assessment dated January 31, 2023

5. Attachment 4 - H.T. Harvey & Associates Fox Assessment dated February 9, 2023

6. Project Exhibits:
· Exhibit "A" - Site Plan
· Exhibit “B” - Exterior Elevation Plans (Building 2s-16A) · Exhibit “C” - Exterior Elevation Plans (Building 2s-18A) · Exhibit “D” - Exterior Elevation Plans (Building 3s-30B) · Exhibit “E” - Exterior Elevation Plans (Building 3s-30A) · Exhibit “F” - Exterior Elevation Plans (Building 2s-24A) · Exhibit “G” - Exterior Elevation Plans (Building 3s-36A) · Exhibit “H” - Exterior Elevation Plans (Building 3s-36B) · Exhibit “I” - Floor Plans (Binder of all Floor Plans) · Exhibit “J” - Community Building Elevations
· Exhibit “K” - Wall and Fence Exhibit
· Exhibit “L” - Operational Statement
· Exhibit “M” - Landscape Plan

7. Planning Commission Staff Report dated January 9, 2023

8. Correspondence Received

9. Notice of Exemption

10.Maps
· General Plan Land Use Map
· Zoning Map
· Aerial Photo
· Location Map

11.Appeal Correspondence - Gustavo Mora
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Resolution No. 2023-02
RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND APPROVING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2022-23, A REQUEST BY MARACOR DEVELOPMENT TO ESTABLISH A 292-UNIT DEED RESTRICTED
AFFORDABLE MULTI-FAMILY RESIDENTIAL DEVELOPMENT ON 10.8 ACRES IN THE R-M-2 (MULTI-FAMILY RESIDENTIAL, 3,000 SQ. FT.

MINIMUM SITE AREA) ZONE. THE PROJECT SITE IS LOCATED ON THE

SOUTHWEST CORNER OF EAST K AVENUE AND

SOUTH BEN MADDOX WAY
(APNS: 126-750-050 & 126-750-051)
WHEREAS, Conditional Use Permit No. 2022-23 is a request by Maracor Development to establish a 292-unit deed restricted affordable multi-family residential development on 10.8 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on January 9, 2023, and concluded said hearing on that date; and
WHEREAS, the Planning Commission of the City of Visalia found Conditional Use Permit No. 2022-23 to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the Planning Commission approved Conditional Use Permit No. 2022-23 based on the findings contained in Resolution No. 2022-51, consistent with Visalia Municipal Code Section 17.38.110, and with the provisions of the State Density Bonus Law and with Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code (Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing); and
WHEREAS, an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2022-23, was received on January 19, 2023; and WHEREAS, the City Council of the City of Visalia, after ten (10) days of a published public hearing notice held a public hearing before said Council on February 21, 2023; and
WHEREAS, a Notice of Exemption was prepared for the conditional use permit.

Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required, and that the Environmental Impact Report prepared for the City of Visalia General Plan, certified by Resolution No. 2014-37, adopted on October 14, 2014, was used for the adoption of the General Plan Land Use Designation of the subject site; and NOW, THEREFORE, BE IT RESOLVED that Notice of Exemption No. 2022-51 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed CUP is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.

The site plan depicts that the row of multi-family buildings along the south side of the development, adjacent to single-family residential, will be two-story and a minimum of 68 feet from the south property line providing at least 85 feet between the multi-family buildings and the nearest single-family residential homes to the south. The single-family home to the west of the site will also be a minimum of 85 feet away from the nearest multi-family building. The project layout is consistent and in conformity with the objective standards of applicable City land use plans, policies, and ordinances.
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Furthermore, the Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact. There is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance and development standards. b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.

The project is required to construct a 10-foot sidewalk along East K Avenue, which is designed to accommodate both bicycles and pedestrians and is required to build an 8-foot sidewalk along Ben Maddox Way. In addition to the sidewalks, curb, gutter, and streetlights will be installed along both Ben Maddox Way and K Avenue as required per the City’s Engineering Development standards. The project will also require additional widening of K Avenue at the Ben Maddox Way intersection. This additional widening is required to accommodate three lanes approaching the intersection along K Avenue to facilitate turning movements in each direction through this intersection. These improvements along with several other offsite improvements are conditions of project approval, which are included in the attached City Council resolution.

Furthermore, 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 the increase in 440
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traffic. The Ben Maddox Way and K Avenue intersection is monitored by the City to determine when future signalization will occur at this intersection. The development of the site will result in the developer paying into the City’s Transportation Impact Fee program which is used to pay for roadway improvements throughout the entire community.

3. That the proposed housing development conforms with the provisions of state density bonus law and with Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code (Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing). Specifically, the project is consistent with the following requirements of state law:
a. The housing development provides the affordable units required by state density bonus law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested.

The State Density Bonus Law (California Government Code Section 65915 to 65918) creates incentives for developers that provide affordable housing within their projects by granting increased density which than allows a developer to seek other regulatory incentives known as “concessions and incentives” from development standards. Under Government Code Section 65915(f)(3)(D)(i), projects that provide 100% of the units as affordable for lower income residents are eligible for 80% additional density over the base density allowed under the Project site's zoning. Additionally, under Government Code Section 65915(d)(2)(D) projects that provide 100% of the units as affordable for lower income residents are eligible for up to four (4) concessions and incentives. Under the State Density Bonus Law, a concession and incentive is defined as a reduction in a development standard (zoning or design requirements) that will result in an identifiable and actual cost reduction for affordable housing (Government Code Section 65915(k)(1). The developer of this project is not seeking any concessions or incentives afforded to them under the State Density Bonus Law and has opted to comply with the development standards as required in the Zoning Ordinance. The developer is only seeking a density bonus as prescribed by state law.

Based on the site’s Medium Density Residential land use designation, which permits residential density between 10 to 15 units per acre, and the R-M-2 zoning designation for the site, the site could accommodate a base density of 162 residential units, which equates to 15 units per acre. However, based on the project providing 100% affordable housing units the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The 80% increase brings the overall project density to 292 units which equates to 27.04 units per acre. b. The requested incentives will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

The developer of this project is not seeking any concessions or incentives afforded to them under the State Density Bonus Law and has opted to comply with the development standards as required in the Zoning Ordinance. The developer is only seeking a density bonus as prescribed by state law. 441
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Based on the site’s Medium Density Residential land use designation, which permits residential density between 10 to 15 units per acre, and the R-M-2 zoning designation for the site, the site could accommodate a base density of 162 residential units, which equates to 15 units per acre. However, based on the project providing 100% affordable housing units the State Density Bonus Law allows for an additional 80% increase in density in exchange for providing 100% of the units as affordable to lower income residents. The 80% increase brings the overall project density to 292 units which equates to 27.04 units per acre.

BE IT FURTHER RESOLVED that the City Council denies the appeal, upholds the Planning Commission’s approval, and approves the Conditional Use Permit on the real property herein above described in accordance with the terms of this resolution under the provisions of Section 17.38 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the project be developed consistent with the comments and conditions of the Site Plan Review 2022-065.

2. That the development be prepared in substantial compliance with the site plan shown in Exhibit “A”, elevations shown in Exhibits “B”, “C”, “D”, “E”, “F”, “G”, “H”, and corresponding floor plans shown in Exhibit “I”.

3. That a six-foot high wood fence shall be installed along the west property line where existing fencing or block wall is not in place as depicted in Exhibit “K”. If the developer elects to install fencing along the Ben Maddox and K Avenue street frontages, then the developer shall install wrought iron fencing in compliance with Section 17.36.040.B of the Zoning Ordinance.

4. That the setbacks illustrated in Exhibit “A” shall be maintained.

5. That the community building be developed as depicted in Exhibit “J”.

6. That the development shall maintain the landscaping and fences/block walls along the street frontages, and within the site.

7. That the community building, pool, tot lot, and open space shall be installed as a part of the development and maintained in good working/accessible order.

8. That landscape and irrigation plans, prepared in accordance with the City of Visalia Model Water Efficient Landscape Ordinance (MWELO), shall be included in the construction document plans submitted for either grading or building construction permits. Prior to the project receiving final approved permits, a signed Certificate of Compliance stating that the project meets MWELO standards shall be submitted to the City.

9. That a valid will-serve letter for the providing of domestic water service be obtained for the development prior to development.

10.Provide street trees per the City’s Street Tree Ordinance. 442
Resolution No. 2023-02

11.That the developer/owner shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of Chapter 17.32 Article 2 Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

12.That the owner/operator(s) of all multiple family residential units shall be subject to the following conditions:

A. Maintenance and Operations
a. All development standards, City codes, and ordinances shall be continuously met for this apartment/residential complex. Buildings and premises, including paint/siding, roofs, windows, fences, parking lots, and landscaping shall be kept in good repair. Premises shall be kept free of junk, debris.
b. Provide a regular program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and control infestation during the tenancy.
c. Where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premise in as good condition as it by law or rental agreement should have been at the commencement of tenant occupation.
d. Maintain all electrical, plumbing, heating, and other facilities in good working order.
e. Maintain all dwelling units in reasonably weather tight condition and good exterior appearance.
f. Remove graffiti within 24 hours of it having been observed. g. Recreation facilities shall be for tenant use only.
h. Provide 24 hour access for Visalia Police Department to Maintenance and/or Management Staff. Maintenance and/or Management Staff shall be available by telephone or pager at all times, with phone numbers to be provided to the Police Department dispatch center and kept current at all times.
i. Establish and conduct a regular program of routine maintenance for the apartment/residential complex. Such a program shall include, but not necessarily be limited to: regular inspections of common areas and scheduled re-paintings, re-plantings, and other similar activities that typically require attention at periodic intervals but not necessarily continuously.
j. The name and phone number of the management company shall be posted in a prominent location at the front of the property. 443
Resolution No. 2023-02
B. Landscape Care and Maintenance
a. Automatic irrigation systems shall be maintained.
b. All plant materials (trees, shrubs, and groundcover) shall be maintained so that harm from physical damage or injury arising from vehicle damage, lack of water, chemical damage, insects, and other pests is minimized.
c. It is the responsibility of the property owners to seek professional advice and spray and treat trees, shrubs, and groundcover for diseases which can be successfully controlled if such untreated diseases are capable of destroying an infected tree or other trees within a project.
d. Maintain decorative planting so as not to obstruct or diminish lighting level throughout the apartment/residential complex. Landscaping shall not obscure common areas.

C. Parking - The parking of inoperative vehicles on-site, and boats, trucks (one-ton capacity and over), trailers, and/or recreational vehicles in the apartment/residential complex is not allowed.

D. Tenant Agreement - The tenant agreement for the complex must contain the following:
a. Standards of aesthetics for renters in regard to the use and conditions of the areas of the units visible from the outside (patios, entryways).
b. Hours when noise is not acceptable, based upon Community Noise Standards, additional standards may be applied within the apartment/residential complex.
c. Rules for use of open areas/recreational areas of the site in regard to drinking, congregating, or public nuisance activities.
d. Prohibition on inoperable vehicles on-site, and boats, trucks (one-ton capacity and over), trailers and/or recreational vehicles. e. Standards of behavior for tenants that could lead to eviction. f. All tenants shall read and receive a copy of the Tenant Agreement.

13.That all applicable federal, state, regional, and city policies and ordinances be met. 444
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■ 244 Kearny Street, 9th Floor, San Francisco, CA 94108 ■ 415-273-9670 ■ www.pzlandlaw.com Sent via Electronic Mail
February 9, 2023
City Council
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93278
Re: Appeal of Conditional Use Approval No. 2022-23)- Southwest Corner of East K Avenue & South Ben Maddox Way.

Dear Councilmembers,
On January 9, 2023, the Planning Commission reviewed and heard testimony on the above referenced proposed residential development on the southwest corner of East K Avenue and South Ben Maddox Way (“Project”) and ultimately voted unanimously to approve a Conditional Use Authorization for the Project subject to conditions of approval and finding that the Project was exempt from the California Environmental Quality Act (“CEQA”). On January 19, 2023 an appeal of the January 9, 2023 Planning Commission approval was filed by a group of neighbors alleging that the Project would negatively impact surrounding property values, cause crime, overwhelm schools and that the CEQA analysis was insufficient due to an alleged sighting of a fox on the Project site. We write this letter in support of the Project and respectfully request that the City Council deny the appeal of the Project’s Conditional Use Authorization as there is no factual basis for the appeal, the appeal fails to raise to any additional information not previously considered by the Planning Commission and because the Project is a 100% affordable housing project and relies on the State Density Bonus Law (“SDBL”), the City Council (like the Planning Commission), has limited discretion.

In addition, the Project has the full protection of the Housing Accountability Act (“HAA”), including protection against Project disapproval or the lowering of Project density unless the City can find, by a preponderance of the evidence, that the Project would have a specific, adverse impact on public health or safety and there is no feasible way to mitigate or avoid the impact. Those findings require the City Council to identify “objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete”1as well as affirmatively find that there are no feasible means of mitigating or avoiding such public health or safety impacts other than rejecting the Project or reducing its size.
2 We do not believe that those findings can be
made and again urge the City Council to deny the Project appeal. 1 Gov. Code Section 65589.5(j)(1)(A).
2 Gov. Code Section 65589.5(j)(1)(B).
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2 I. Project Background
The Project proposes to construct a 292-unit multi-family residential development with 100% of the units having restricted rents for lower income residents. The Project is proposed on a vacant 10.8- acre parcel on East K Avenue and South Ben Maddox Way and will also include a total of 578 parking spaces with a combination of covered parking stalls and open parking stalls. The Project will provide on-site amenities including a tot lot, community center, a swimming pool and dog park. Sidewalk and landscaped frontage improvements will be installed, and the Project will be professionally managed.

The Project’s surface parking along with both new fencing and an existing block wall serve as a buffer from existing residence with Project buildings significantly offset from existing property lines (the proposed setbacks are significantly greater than what is allowed under the City Code). The Project site is designated for dense residential development as it is zoned R-M-2 and is designated Medium Density Residential under the City’s General Plan with multifamily residential development permitted by right. As described below, the Project relies on the SDBL to increase the Project’s density by providing affordable housing, but the Project does not seek relief from City development standards through incentives, concessions or waivers, despite the Project having the right to do so under the SDBL.

II. State Density Bonus Law
Under the SDBL (Gov. Code Section 65915), a project sponsor may seek additional density for a proposed project depending on the amount of affordable housing included in the project and the project sponsor may also seek up to four development concessions and incentives and unlimited waivers to development standards that would physically preclude the development of the project. In exchange for providing 100% of the Project units as for lower income tenants, the Project is seeking additional density over the maximum density allowed under the zoning and general plan. The Project has opted to not rely on any development concessions, incentives or waivers which would have allowed the Project to seek relief from setbacks and open space requirements for example. In fact, as noted above, the Project is setback from existing property lines by more than what is required under the City Code. The Project does seek additional density. Based on the City’s General Plan designation, the Project site has a base maximum residential density of 162 residential units, but the Project is eligible for an additional 80% increase in density under the SDBL in exchange for providing 100% of the units as affordable to lower income residents bringing the Project’s overall density to 292 units.

The SDBL provides no mechanism for a city to deny the award of a density bonus so long as the Project provides the requisite amount of affordable housing. As stated in Wollmer v. City of Berkeley (2009) 179 Cal. App. 4th 933, “…when an applicant seeks a density bonus for a housing development that includes the required percentage of affordable housing, section 65915 requires that the city not only grant the density bonus but provide additional incentives or concessions where needed based on the percentage of low-income housing units.”(emphasis added) The Project is only seeking additional density and is providing the requisite amount of affordable housing to qualify, but is not seeking incentives, concessions or waivers that it is otherwise eligible to receive. The SDBL policy purpose to generate new affordable housing and place limits on the discretionary review of project density 461
3 reinforced by the fact that if a developer does not even submit a request for a development standard waiver, the City is prohibited from applying a development standard that has the effect of precluding the construction of a development at the density permitted under the SDBL (Gov. Code Section 65915(e)(1)). For example, the City cannot request that the Project relocate buildings further away from existing property lines or limit height as that would have the effect of physically reducing the number of provided units.

While we recognize that the City has discretion in approving a Conditional Use Authorization generally, when a development qualifies for the SDBL and also requires Conditional Use Authorization, case law supports the position that a discretionary permit such as a Conditional Use Authorization cannot be used to effectively deny a SDBL project. This is because the SDBL itself includes separate required statutorily specified findings needed to deny a SDBL project, supported by evidence in the record, which exceed the typical threshold for denial of a Conditional Use Authorization.
3 In sum, the SDBL precludes the application of amorphous development standards or the denial of a proposed qualifying project through a Conditional Use Authorization that would have the effect of denying a SDBL project.

III. Housing Accountability Act Requires Approval
The HAA was created to strongly encourage approval of housing developments like the Project, and to narrowly define the authority of local agencies to deny or significantly condition the approval of such housing developments. Under the HAA, “[w]hen a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete…” a local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact.4 Pursuant to the HAA, the Project is to “….be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that[the Project] is consistent, compliant, or in conformity.”5 As the City staff’s detailed analysis concludes, there is no question that the Project is consistent, compliant, and in conformity with the objective standards of applicable City land use plans, programs, policies, ordinances and regulations.

Under the HAA a city has severely limited discretion to deny a project and the HAA sets “…forth the only conditions under which an application may be disapproved.” N. Pacifica, LLC v. City of Pacifica, 234 F.Supp.2d 1053, 1059 (N.D. Cal. 2002), aff’d sub nom. N. Pacifica LLC v. City of Pacifica, 526 F.3d 478 (9th Cir. 2008). The City Council may not reject the Project or reduce its density based on any subjective or discretionary criteria, such as “suitability” or “compatibility.” Honchariw v. Cty. of Stanislaus, 200 Cal.App.4th 1066, 1076, 1079 (2011). In short, the only grounds on which the Project could legally be rejected under the HAA are extremely narrow. For example, before the City Council could legally reject the Project or reduce its density, it would be required to demonstrate, based on a 3 See Gov. Code Section 65915(d)(1)(B).
4 Gov. Code Section 65589.5(j)(1).
5 Gov. Code Section 65589.5(f)(4).
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4 preponderance of the evidence, that the Project would cause “a significant, quantifiable, direct, and unavoidable impact” on public health or safety “based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”6 The City Council would also be required to affirmatively find that there are no feasible means of mitigating or avoiding such public health or safety impacts other than rejecting the Project or reducing its size.7 Moreover, the Legislature emphasized its expectation that conditions that would have a specific, adverse impact on “public health or safety” would “arise infrequently.”8 In sum, as in the discussion of the SDBL above, the HAA restricts the City Council’s discretion to deny the Project as there is no evidence that the Project would cause quantifiable significant unavoidable impacts on public health and safety. Simple speculation by neighbors about the Project’s impact on property values (not a health or safety concern) or an increase in crime do not rise to the level of necessary evidence to justify Project denial.

IV. CEQA
On October 14, 2014 the City certified an Environmental Impact Report (“EIR”) (Resolution No. 2014-37) for the City of Visalia General Plan. Under Public Resources Code section 21083.3 a specific limitation exists under CEQA for projects that are consistent with a General Plan where an EIR has been certified. In those instances, the CEQA analysis of later projects can be limited to those significant effects that “are peculiar to the parcel or to the project” and that either were not addressed as significant effects in the plan’s EIR or that new information shows will be more significant than when the plan’s EIR was certified. The requirements of this option are detailed in CEQA Guidelines Section 15183.

CEQA Guidelines Section 15183 mandates a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan or general plan policies with a certified EIR, except as might be necessary to examine whether there are projectspecific significant effects which are peculiar to the project or its site. Section 15183 specifies that examination of environmental effects shall be limited to those effects that:
a. Are peculiar to the project or the parcel on which the project would be located, b. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
c. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or d. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

Section 15183(c) provides that “[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the 6 Gov. Code Section 65589.5(j)(1)(A).
7 Gov. Code Section 65589.5(j)(1)(B).
8 Gov. Code Section 65589.5(a)(3).
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5 imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.” (Emphasis added.) Section 15183(f) then explains that “[a]n effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR.” As detailed in the City staff report, the Project is consistent with the General Plan land use densities as well as the City’s zoning designation and the appeal has offered no evidence that the Project will have impacts peculiar to the Project that are new or more significant than previously analyzed in the certified General Plan EIR.

The appeal suggests that the Project site has “unusual circumstances” due to the presence of a fox on the Project site. While the appeal provides a photograph of a fox with no additional evidence, including when or where the picture was taken and whether the animal depicted is a protected species.

The appeal states that they believe that the animal is a “...native Red Fox, pending species verification…” which is an admission in itself that the allegation is speculative and without necessary evidence, as a non-native red fox is not a protected species. The appeal provides material from the California Department of Fish & Wildlife (“CDFW”) website suggesting that the animal is a protected Sierra Nevada red fox, but neglects to include the known habitat for the species from the same CDFW web site.
9 The Project site is clearly not within the habitat range for the Sierra Nevada red fox. We have provided additional analysis of the Sierra Nevada red fox’s range prepared by H.T. Harvey & Associates (see Attachment 1) who are qualified experts in biology and ecology and they reaffirm the fact that the Project site is not within the known habitat for Sierra Nevada red fox as documented by both the U.S. Fish & Wildlife Service and CDFW and that the closet observations of the Sierra Nevada red fox are from “..observations are more than 60 miles northeast of the..[project site] at an elevational difference of more than 11,000 feet.”
On February 9, 2023, H.T. Harvey & Associates completed a site survey of the property (see Attachment 2). The survey confirmed that the site has no peculiar or unusual ecological or biological circumstances and that the site contains no fox dens and that any fox capable of using the site would be both non-native red or gray fox, neither protected under State or Federal regulations.

Based on the foregoing, the appeal’s claim that the City’s reliance on CEQA Guidelines Section 15183 was in error must be rejected because the appeal provides no evidence that “unusual circumstances” exist or that the Project will have “peculiar impacts” not previously analyzed in the certified General Plan EIR. In contrast, we have provided additional evidence, prepared by a biological expert, stating that “…based upon the ranges and habitat preferences of the three red fox species in California, our determination is that the red fox observed within the urbanized area of the Maracor Development parcel in Visalia is a non-native red fox” and that a site visit yielded no fox dens at all. 9 The Sierra red fox is typically found at high elevations (above approximately 5,000 feet in the southern Cascades and 7,000 feet in the central Sierra Nevada) and utilize a variety of habitats including alpine and barren areas, subalpine forests, red fir forests, lodgepole pine forests, mixed conifer forests, and meadows. 464
6 * * * * *
The Project clearly meets the threshold requirements under the SDBL and provides the required amount of affordable housing. Pursuant to the HAA, the Project is in conformity with objective zoning and planning standards and there is no evidence, let alone a preponderance of evidence, that the Project will have an adverse impact on health and safety and the Project rightfully relied on Section 15183 under CEQA with the appeal providing no evidence, just unsubstantiated and erroneous claims, in support of a challenge to the CEQA analysis. As such, we respectfully request that the City Council deny the appeal and approve the Project to ensure the Project may provide much needed affordable housing units within the City.

If you have any questions or need any additional information, please feel free to contact me at 415- 273-9670.

Yours Truly,
Peter F. Ziblatt
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8080 N. Palm Avenue, Suite 205  Fresno, CA 93711  Ph: 559.476.3160  harveyecology.com January 31, 2023
Peter F. Ziblatt
Principal Attorney
Pelosi Ziblatt Law Group
244 Kearny Street, 9th Floor
San Francisco, CA, 94108
Subject: Maracor Development Conditional Use Permit No. 2022-23: Red Fox Assessment Dear Mr. Ziblatt,
Maracor Development plans to establish a 292-unit multi-family residential development on 10.8 acres in Visalia, California. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051), within a densely urbanized area at an elevation of approximately 325 feet (Exhibit 1). A Notice of Exemption (No. 2022-51) was prepared in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3) for the conditional use permit (No. 2022-23) that was approved on January 9, 2023. On January 18, 2023, Mike Smith of Visalia, California submitted a letter of appeal to Mayor Poochigian and the Visalia City Council Members.

The appeal letter expressed that the notice of exemption for the environmental review did not disclose the “presence of a native Red Fox”, and described that a categorical exemption cannot be used for an activity that will have a significant effect on the environment due to unusual circumstances “like an endangered species”.

The purpose of this assessment is to review the observation of the red fox reported in the January 18, 2023 appeal letter and provide a determination as to the specific species of red fox observed. Three species of red fox are recognized in California; the non-native red fox (Vulpes vulpes; Lewis et al. 1999), Sacramento Valley red fox (Vulpes vulpes ssp. nov.; Sacks et al. 2010), and the federally endangered (Sierra Nevada Distinct Population Segment only) and state threatened Sierra Nevada red fox (Vulpes vulpes necator; California Department of Fish and Wildlife 2000, U.S. Fish and Wildlife Service 2018).

Non-native red foxes have been reported in California since the late 1800s and are thought to have been introduced into California by escaping from fur farms and fox hunters, and through intentional releases by advocates of the species interested in recreation and profit (California Department of Fish and Game 1994, Lewis et al. 1999). Nonnative red foxes now occur throughout lowland areas of California including the Sacramento and San Joaquin valleys, San Francisco Bay-Delta area, and central and the southern California Coast ranges and Coastal Plains (Exhibit 2). They are highly adaptable and thus capable of residing in valley upland and riparian habitats, farmlands, semi-desert, wetlands, and urban areas. Non-native red fox predation on endangered species such as the federally endangered and state threatened San Joaquin kit fox (Vulpes macrotis mutica) in the San Joaquin Valley is an important issue (California Department of Fish and Game 1994, Ralls et al. 1995, Clark et al. 2005, Cypher et al. 2001). Consequently, the California Department of Fish and Wildlife manages non-native red fox, primarily through habitat management efforts and at times through fox control programs where the species poses a significant threat to native wildlife (California Department of Fish and Game 1994).

Based on genetic samples, the range of the native Sacramento Valley red fox is described as spanning the Sacramento Valley from the City of Cottonwood south to the Delta on the west side of the Sacramento River, 466
2 H. T. Harvey & Associates
and from the City of Chico south to Sacramento on the east of the Sacramento River (Sacks et al. 2010) (Exhibit 3). Sacramento Valley red fox den sites were disproportionately associated with grasslands. In contrast to nonnative red foxes, Sacramento Valley red fox den sites were not found in wetlands or heavily urbanized areas.

Sacks et al. (2010) reported that all red foxes south of the American River and Delta, and west of the Sacramento Valley in Sonoma County were found to be non-native red foxes. The southern range boundary of the Sacramento Valley red fox is approximately 200 miles north of the Maracor Development in Visalia.

The Sierra Nevada red fox is a subspecies of red fox living at high elevations in the Sierra Nevada Mountains of California and the Cascades Mountains of California (Exhibits 2 and 4) and Oregon. This subspecies of fox was thought to no longer exist in the Sierra Nevada until a small population was discovered at Sonora Pass in 2010. Currently, the Sierra Nevada distinct population segment of the Sierra Nevada red fox is listed as endangered under the federal Endangered Species Act (FESA 1973, 16 U.S.C. ch. 35 § 1531 et seq.) and as threatened under the state Endangered Species Act (CESA, 14 C.C.R. 670.5). While Sierra Nevada red fox in Oregon have been observed slightly above 4,000 feet in elevation, observations in the Sierra Nevada Mountains occur at higher elevations, typically between 7,000 and 12,000 feet, with a 2011 sighting in Round Valley in Inyo County occurring at 4,921 feet (California Department of Fish and Wildlife 2000, U. S. Fish and Wildlife Service 2018). The species typically occupies subalpine habitat characterized by a mosaic of high-elevation meadows, rocky areas, scrub vegetation, and woodlands (largely mountain hemlock (Tsuga mertensiana), whitebark pine (Pinus albicaulus), and lodgepole pine (Pinus contorta). Until the spring and summer of 2022, the range of the Sierra Nevada distinct population segment within the Sierra Nevada was thought to be primarily be comprised of the Sonora Pass population (Exhibit 4)( U. S. Fish and Wildlife Service. 2018); however, the California Department of Fish and Wildlife reported four observations of Sierra Nevada red fox between 11,400 and 12,000 feet near Taboose Pass (Exhibit 5), on the eastern boundary of Sequoia and Kings Canyon National Park (https://wildlife.ca.gov/News/sierra-nevada-red-fox-detected-in-the-southern-sierra-nevada). These observations extended the known, occupied range of the species more than 100 miles south of the Sonora Pass population; however, these observations are more than 60 miles northeast of the Maracor Development at an elevational difference of more than 11,000 feet (Exhibit 5). CDFW has not published Sierra Nevada red fox survey and monitoring protocols and guidelines (https://wildlife.ca.gov/Conservation/ Survey-Protocols#377281285-mammals). Focused surveys for the species are restricted to subalpine habitats (the Maracor Development is not within, and is distant from, subalpine habitat), typically conducted by researchers or agency personnel, and closely coordinated with the U.S. Fish and Wildlife Service or the California Department of Fish and Wildlife.

In conclusion, based upon the ranges and habitat preferences of the three red fox species in California, our determination is that the red fox observed within the urbanized area of the Maracor Development parcel in Visalia is a non-native red fox. The location of the Maracor Development is within the range of the non-native red fox (Exhibits 2 and 5) and consistent with habitats occupied by the species. In contrast, the location of the Maracor Development is outside of the range of the Sacramento Valley red fox (Exhibit 3) and Sierra Nevada red fox (Exhibit 5), and does not possess the habitat conditions utilized by Sacramento Valley red fox or Sierra Nevada red fox.

Please feel welcome to contact me if you have any questions regarding our assessment and determination.

Sincerely,
Brian B. Boroski, Ph.D.

Certified Wildlife Biologist
Vice President
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3 H. T. Harvey & Associates
Literature Cited
California Department of Fish and Game. 1994. The Red Fox: Managing Non-native Species in California. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=22712# California Department of Fish and Wildlife. 2000. Red Fox. California Wildlife Habitat Relationships System, California Department of Fish and Wildlife California Interagency Wildlife Task Force. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=2563&inline Clark Jr., H. O., G. D. Warrick, B. L. Cypher, P. A. Kelly, D. F. Williams, and D. E. Grubbs. 2005.

Competitive interactions between endangered kit foxes and nonnative red foxes. West. N. Am. Nat. 2005, 65, 153–163.

Cypher, B. L., H. O. Clark Jr., P. A. Kelly, C. Van Horn, G. W. Warrick, and D. F. Williams. 2001.

Interspecific interactions among mammalian predators: Implications for the conservation of endangered San Joaquin kit foxes. End. Species Update 2001, 18, 171–174.

Lewis, J. C., K. L. Sallee, and R. T. Golightly, Jr. 1999. Introduction and range expansion of nonnative red foxes (Vulpes vulpes) in California. American Midland Naturalist 142:372-381.

Ralls, K. and P. J. White. 1995. Predation on San Joaquin kit foxes by larger canids. J. Mammal. 1995, 76, 723–729.

Sacks B. N., H. U. Wittmer, and M. J. Statham. 2010. The Native Sacramento Valley red fox. Report to the California Department of Fish and Game, May 30, 2010, 49pp U. S. Fish and Wildlife Service. 2018. Species Status Assessment Report for the Sierra Nevada Distinct Population Segment of the Sierra Nevada Red Fox. Sacramento, CA U. S. Fish and Wildlife Service. 2021. Final Rule: Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Sierra Nevada Distinct Population Segment of the Sierra Nevada Red Fox. Federal Register Vol. 86, No. 164. pp 41743-41757
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4 H. T. Harvey & Associates
Exhibit 1. Location of the Maracor Development (White Polygon) on the Southwest Corner of East K Avenue and South Ben Maddox Way in Visalia, California (Google Earth 2023) 469
5 H. T. Harvey & Associates
Exhibit 2. Range of the Non-native (Introduced) and Sierra Nevada Red Fox in California (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83981&inline 470
6 H. T. Harvey & Associates
Exhibit 3. Estimated Range of the Sacramento Valley Red Fox (From page 38 of Sacks et al. 2010). 471
7 H. T. Harvey & Associates
Exhibit 4. Sonora Pass Population of the Sierra Nevada Red Fox (From page 10 of U.S. Fish and Wildlife Service 2018).
472
8 H. T. Harvey & Associates
Exhibit 5 Location of the Maracor Development Parcel in Visalia Relative to the Published Ranges of the Sierra Nevada Red Fox and Non-native Red Fox.
473
8080 N. Palm Ave., Suite 205 ● Fresno, CA 93711 ● Ph: 559.476.3160 ● harveyecology.com February 9, 2023
Peter F. Ziblatt
Principal Attorney
Pelosi Ziblatt Law Group
244 Kearny Street, 9th Floor
San Francisco, CA, 94108
Subject: Maracor Development Conditional Use Permit No. 2022-23: Fox Survey Assessment Dear Mr. Ziblatt:

On February 9, 2023, H. T. Harvey & Associates surveyed the approximately 10.8-acre parcel proposed for a 292-unit multi-family residential development located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051) in Visalia, California. Marianne Huizing, a qualified H. T.

Harvey & Associates wildlife ecologist with extensive experience with mammals of the San Joaquin Valley, including foxes, performed a biological survey of the proposed development site. The ecologist walked transects spaced approximately 30 meters (100 feet) apart traveling east to west, and inspected California ground squirrel (Otospermophilus beecheyi) burrows, large mounds of soil and/or spoil piles of dirt and other debris that could potentially be used by foxes. The survey approach provided full visual coverage of the proposed development site for assessing habitat composition and species presence.

The site is level, other than one area near the center of the site that appears to have been excavated as there is a large mound of soil near a lower area with spoils of dirt and other debris (i.e., concrete). The entire site is disced annually and at the time of the survey vegetation consisted primarily of dense nonnative annual grass.

The nonnative annual grassland conditions potentially provides habitat for common, rural and urban-adapted wildlife species, such as ground-foraging and -nesting birds, Botta’s pocket gophers (Thomomys bottae), desert cottontail (Sylvilagus audobonii), and California ground squirrels. No evidence of foxes denning on the site was observed. Conditions on the adjacent property unrelated to the proposed development where denning by nonnative red fox (Vulpes vulpes) was documented in the appeal letter submitted on January 18, 2023 by Mike Smith have changed. The structure on the adjacent property depicted in the appeal letter has been removed and the area scraped; no structures or photos in the appeal were on proposed development site.

Wildlife and wildlife sign observed at the site included limited sign of Botta’s pocket gopher and California ground squirrel, and a gray fox (Urocyon cinereoargenteus). During the survey, a resident who had stopped to talk, observed the fox as he drove off. He photographed the fox as it climbed the fence of a residential home and presented the photograph to Ms. Huizing who confirmed the species as a gray fox. Gray foxes are somewhat smaller than red foxes, and although both foxes have long bushy tails, unlike red foxes, which have a white 474
2 H. T. Harvey & Associates
tipped tail, gray foxes have a distinctly black tipped tail with a black stipe on the dorsal side of the tail. The overall coloration of gray foxes consists of a silvery gray with red coloration at the back of the ears, along the neck line, legs, and ventral side.

In conclusion, fox dens are currently absent from the proposed development site. Fox species capable of using the proposed development site in its current condition include grey fox and non-native red fox. Both the nonnative red fox and the gray fox are common species and are not afforded protection under the federal Endangered Species Act or the California Endangered Species Act. The locality and habitat conditions of the proposed development site is unsuitable for the Sierra Nevada red fox (Vulpes vulpes necator).

If you have any questions regarding the survey results or determinations, I can be reached at 559.930.2415 (cell) or by email at [email protected].

Sincerely,
Brian B. Boroski, Ph.D.

Certified Wildlife Biologist
Vice President
475
Exhibit A
Site Plan
476
477
478
479
480
481
346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022

PROJECT DATA
A0
482
Exhibit B
Exterior Elevation Plans (Building 2s-16A)
483
(REVERSE)
UNIT 2B
148'-2" 67'-2"
(STANDARD)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 2B
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
BUILDING TYPE 2S-16A - 16 UNIT BUILDING
A4
0 2' 4' 6' 8' 16'
BUILDING TYPE 2s-16A (16 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
484
485
486

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
30'-0"

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 2S-16A - ROOF PLAN & SECTION
A7
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
487
Exhibit C
Exterior Elevation Plans (Building 2s-18A)
488
(STANDARD)
UNIT 2A
101'-2 1/2" 106'-6 1/2"
(STANDARD)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 3A
41'-11"
143'-1 1/2" 67'-0 1/2" 38'-9"
BUILDING TYPE 2S-18A - 18 UNIT BUILDING
A8
0 2' 4' 6' 8' 16'
BUILDING TYPE 2s-18A (18 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
489
490
491

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
30'-0"

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 2S-18A - ROOF PLAN & SECTION
A11
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
492
Exhibit D
Exterior Elevation Plans (Building 3s-30B)
493
(REVERSE)
UNIT 2B
189'-6" 67'-3 1/2"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
(STANDARD)
UNIT 2A
(REVERSE)
UNIT 2A
BUILDING TYPE 3S-30B - 30 UNIT BUILDING
A12
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-30B (30 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
494
495
496

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"

THIRD FLOOR

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-30B - ROOF PLAN & SECTION
A15
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
497
Exhibit E
Exterior Elevation Plans (Building 3s-30A)
498
(REVERSE)
UNIT 2B
172'-11" 67'-2"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
(STANDARD)
UNIT 1
(STANDARD)
UNIT 2B
BUILDING TYPE 3S-30A - 30 UNIT BUILDING
A16
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-30A (30 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
499
500
501

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"

THIRD FLOOR

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-30A - ROOF PLAN & SECTION
A19
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
502
Exhibit F
Exterior Elevation Plans (Building 2s-24A)
503
(REVERSE)
UNIT 2B
214'-4 1/4" 67'-3 1/2"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 2A
BUILDING TYPE 2S-24A - 24 UNIT BUILDING
A20
0 2' 4' 6' 8' 16'
BUILDING TYPE 2s-24A (24 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
504
505
506

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
30'-0"

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 2S-24A - ROOF PLAN & SECTION
A23
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
507
Exhibit G
Exterior Elevation Plans (Building 3s-36A)
508
(REVERSE)
UNIT 2B
214'-4 1/4" 67'-3 1/2"
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 1
(STANDARD)
UNIT 1
(STANDARD)
UNIT 2A
(STANDARD)
UNIT 3
BUILDING TYPE 3S-36A - 36 UNIT BUILDING
A24
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-36A (36 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
509
510
511

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"

THIRD FLOOR

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-36A - ROOF PLAN & SECTION
A27
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
512
Exhibit H
Exterior Elevation Plans (Building 3s-36B)
513
(REVERSE)
UNIT 2B
225'-7 1/2" 67'-3 1/2"
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 12.84
(REVERSE)
UNIT 1
(STANDARD)
UNIT 1
(STANDARD)
UNIT 2A
(STANDARD)
UNIT 2A
(REVERSE)
UNIT 2A
(REVERSE)
UNIT 2A
(STANDARD)
UNIT 3
BUILDING TYPE 3S-36B - 36 UNIT BUILDING
A28
0 2' 4' 6' 8' 16'
BUILDING TYPE 3s-36B (36 UNIT BLDG) - TYPICAL FLOOR PLAN 346.018 TPC BRACKENWOOD Visalia, CA
October 21, 2022
514
515
516

3.5/12 ROOF PITCH, TYP.

COMPOSITION ROOFING
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
BEDROOM 2

KITCHEN/
DINING
BEDROOM 2

KITCHEN/
DINING
12 3.5
DECK
PATIO
DECK
PATIO
40'-0"

THIRD FLOOR

SECOND FLOOR
FIRST FLOOR 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
BUILDING TYPE 3S-36B - ROOF PLAN & SECTION
A31
0 2' 4' 6' 8' 16'

ROOF PLAN

TYPICAL SECTION
517
Exhibit I
Floor Plans (Binder of all Floor Plans)
518
30'-7"
24'-8"
23'-7" 3'-3" 8'-0"
10'-0" 27'-4"
KIT./
DINING
DECK
LIVING

BEDROOM
10'-2"x12'-7"
BATH
W/D
WH
UNIT 1 FLOOR PLAN
A1
0 1' 2' 3' 4' 8'
UNIT 1 SQUARE FOOTAGE

NET LIVING

GROSS LIVING
564 SQ. FT.
600 SQ. FT. 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
FLOOR PLAN - UNIT 1
519
36'-4" 32'-0"
KIT./
DINING
DECK
LIVING
BATH 1
W/D
WIC
WH
19'-0" 6'-5" 22'-1" 3'-5"
BEDROOM 2
10'-3" x 12'-5"
BEDROOM 1
11'-10"x14'-0"
KIT./
DINING 30'-7"
LIVING
BEDROOM 2
10'-3" x 11'-7"
BATH 1 W/D
BEDROOM 1
11'-10"x14'-6"
WIC
WH
24'-0 1/2" 7'-5"
36'-0" 23'-2"
DECK
UNIT 2 FLOOR PLAN
A2
0 1' 2' 3' 4' 8'
FLOOR PLAN - UNIT 2A
UNIT 2B SQUARE FOOTAGE

NET LIVING

GROSS LIVING

FIRST FLOOR DECK

SECOND FLOOR DECK

THIRD FLOOR DECK
SPACE
814 SQ. FT.
860 SQ. FT.
120 SQ. FT.
120 SQ. FT.
78 SQ. FT.
115 SQ. FT. 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
FLOOR PLAN - UNIT 2B
UNIT 2A SQUARE FOOTAGE

NET LIVING

GRORSS LIVING

FIRST FLOOR DECK

SECOND FLOOR DECK

THIRD FLOOR DECK
810 SQ. FT.
848 SQ. FT.
143 SQ. FT.
143 SQ. FT.
82 SQ. FT.
520
KIT./
DINING
DECK 33'-3 1/2"
41'-5"
LIVING
BEDROOM 3
11'-6"x10'-4"
BATH 2
BATH 1
W/D
BEDROOM 1
11'-6"x13'-1"
WH
BEDROOM 2
11'-6"x10'-4"
20'-2" 9'-3 1/2" 29'-3 1/2"
KIT./
DINING
DECK 33'-3 1/2"
41'-5"
LIVING
BEDROOM 3
11'-6"x10'-4"
BATH 2
BATH 1
W/D
BEDROOM 1
11'-6"x13'-1"
WH
BEDROOM 2
11'-6"x10'-4"
20'-2" 9'-3 1/2" 29'-3 1/2"
UNIT 3 FLOOR PLAN
A3
0 1' 2' 3' 4' 8' 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022
UNIT 3 SQUARE FOOTAGE

NET LIVING

GROSS LIVING

FIRST FLOOR DECK

SECOND FLOOR DECK

THIRD FLOOR DECK
1065 SQ. FT.
1118 SQ. FT.
160 SQ. FT.
160 SQ. FT.
146 SQ. FT.

FLOOR PLAN - UNIT 3 FLOOR PLAN - UNIT 3A
UNIT 3A SQUARE FOOTAGE

NET LIVING

GROSS LIVING
1065 SQ. FT.
1118 SQ. FT.
521

EXERCISE ROOM
ELEC.

MANAGER
OFFICE 1 ENTRY/
LOBBY
LOGGIA

COMMUNITY
ROOM

KITCHEN

STORAGE
MEN

WOMEN WORK FROM HOME

JANITOR WORKSTATIONS
CLOSET

MANAGER
OFFICE 2

LAUNDRY
ENTRY 70'-2"
76'-4"

CLUBHOUSE PLAN
A32
0 2' 4' 6' 8' 16' 346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022

FLOOR PLAN

CLUBHOUSE BUILDING

SQUARE FOOTAGE
FIRST FLOOR 3508 SQ. FT.
522
Exhibit J
Community Building Elevations
523
524
346.018 TPC BRACKENWOOD
Visalia, CA
October 21, 2022

CARPORT EXHIBIT
A34

CARPORT EXAMPLE PHOTO CARPORT TYPICAL DETAIL
525
Exhibit K
Wall and Fence Exhibit
526
527
Exhibit L
Operational Statement
528
529
No. of Density Bonus Proposed Total No. of Total Density PROJECT Zoning GP No. of Units Income Level Units Proposed Bonus % Units Proposed Acres Units/Acre Ben Maddox Way Apts 29 30% AMI 29
58 50% AMI 58
130 60% AMI 130
72 80% AMI 72
3 Unrestricted 3
Totals 162 292 130 80% 292 10.8 27.04
Max No. of Units Permited Proposed AffordUnits
530

PROJECT UNIT TYPE PARKING STALLS REQUIRED/UNIT TYPE PER SBD PROJECT UNIT TOTALS PARKING STALLS REQUIRED/UNIT PER SBD PARKING STALLS PROVIDED 1 BED 1 136 136
Ben Maddox Apts 2 BED 1.5 80 120
3 BED 1.5 76 114
Totals 292 370 578
531
Exhibit M
Landscape Plan
532
533
534
1 PLANNING COMMISSION AGENDA
CHAIRPERSON: VICE CHAIRPERSON:

Marvin Hansen Adam Peck
COMMISSIONERS: Mary Beatie, Chris Gomez, Chris Tavarez, Adam Peck, Marvin Hansen MONDAY, JANUARY 09, 2023

VISALIA COUNCIL CHAMBERS
LOCATED AT 707 W. ACEQUIA AVENUE, VISALIA, CA
MEETING TIME: 7:00 PM

1. CALL TO ORDER –

2. THE PLEDGE OF ALLEGIANCE –

3. CITIZEN’S COMMENTS – This is the time for citizens to comment on subject matters that are not on the agenda but are within the jurisdiction of the Visalia Planning Commission. You may provide comments to the Planning Commission at this time, but the Planning Commission may only legally discuss those items already on tonight’s agenda.

The Commission requests that a five (5) minute time limit be observed for Citizen Comments. You will be notified when your five minutes have expired.

4. CHANGES OR COMMENTS TO THE AGENDA –

5. CONSENT CALENDAR - All items under the consent calendar are to be considered routine and will be enacted by one motion. For any discussion of an item on the consent calendar, it will be removed at the request of the Commission and made a part of the regular agenda. a. Administrative Adjustment Annual Report to Planning Commission.

6. PUBLIC HEARING – Kira Noguera, Senior Planner QK, Inc., Planning Consultant to the Planning Division
Conditional Use Permit No. 2022-23: A request by Maracor Development to establish a 292-unit multi-family residential development on 10.8 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051). A Notice of Exemption was prepared for the conditional use permit in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site. 535
Planning Commission Agenda, Monday, January 9, 2023
2 7. PUBLIC HEARING – Kira Noguera, Senior Planner QK, Inc., Planning Consultant to the Planning Division
Conditional Use Permit No. 2022-21: A request by Maracor Development to establish a 222- unit multi-family residential development on 7.61 acres in the R-M-3 (Multi-Family Residential, 1,200 sq. ft. minimum site area) and O-PA (Professional/Administrative Office) zones. The project site is located on the southwest corner of West Houston Avenue and North Demaree Street (APNs: 077-660-021, 077-660-022 & 077-660-024). A Notice of Exemption was prepared for the conditional use permit in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2022-45 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site.

8. CITY PLANNER/ PLANNING COMMISSION DISCUSSION –
a. Next Planning Commission Meeting is Monday, January 23, 2023. b. Appeal of Woodlands CUP received. Appeal will be set for the January 17, 2023, City Council meeting.
c. Preparation for 2022 Annual Planning Commission Update Report. d. 2023 Planning Commission Meeting Calendar.

The Planning Commission meeting may end no later than 11:00 P.M. Any unfinished business may be continued to a future date and time to be determined by the Commission at this meeting. The Planning Commission routinely visits the project sites listed on the agenda.

For Hearing Impaired – Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.

Any written materials relating to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection in the City Office, 315 E. Acequia Visalia, CA 93291, during normal business hours.

APPEAL PROCEDURE
THE LAST DAY TO FILE AN APPEAL IS THURSDAY, JANUARY 19, 2023 BEFORE 5 PM According to the City of Visalia Zoning Ordinance Section 17.02.145 and Subdivision Ordinance Section 16.04.040, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal form with applicable fees shall be filed with the City Clerk at 220 N. Santa Fe, Visalia, CA 93291. 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.

THE NEXT REGULAR MEETING WILL BE HELD ON MONDAY, JANUARY 23, 2023 536

REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: January 9, 2023
PROJECT PLANNER: Kira Noguera, Senior Planner, QK, Inc.

Phone No.: (559) 713-4025
E-mail: [email protected]
SUBJECT: Conditional Use Permit No. 2022-23: A request by Maracor Development to establish a 292-unit multi-family residential development on 10.8 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone. The project site is located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051).

STAFF RECOMMENDATION
Staff recommends approval of Conditional Use Permit No. 2022-23, as conditioned, based upon the findings and conditions in Resolution No. 2022-51. Staff’s recommendation is based on the conclusion that the request is consistent with the City General Plan, Housing Element, and Zoning Ordinance.

RECOMMENDED MOTION
I move to approve Conditional Use Permit No. 2022-23 based on the findings and conditions in Resolution No. 2022-51.

PROJECT DESCRIPTION
The conditional use permit is a request to allow development of a 292-unit multi-family residential development in the R-M-2 zone (see Exhibit “A” and the Figure 1 below). The development will be located on the southwest corner of East K Avenue and South Ben Maddox Way on 10.8 acres.

The multi-family development
will be developed at a density of

27.04 units per acre. The density
proposed for this development is
allowed with a Density Bonus
according to state law. This is
discussed in greater detail under
the State Density Bonus
Concessions and Incentives
section below.

The multi-family development
consists of two- and three-story
buildings containing seven
building types with one, two, and three-bedroom units surrounded by on-site landscaping. The development will include a total of 578 parking stalls 292 covered parking stalls and 286 open parking stalls, 12 of which are accessible. Based on the total number of units, 511 parking stalls are required. The project will include a community center, tot lot, swimming pool, and dog park. 537
The multi-family development proposes a six-foot high wood fence along the west project boundary adjacent to an existing single-family development. An existing seven-foot high block wall will remain along the southern project boundary adjacent to existing single-family homes.

This project includes the construction of sidewalks along East K Avenue and Ben Maddox Way, with landscaping frontage improvements. Other utility services including electricity, gas, phone/cable, and water will be extended on-site from existing services available in the project vicinity.

BACKGROUND INFORMATION
General Plan Land Use Des: Medium Density Residential
Zoning: R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per unit)
Zoning and Land Use: North: R-1-5 – East K Ave. – Briarwood Estates, Single Family Subdivision and
R-M-2 –Multi-Family Residential
South: R-1-5 – Maddox @ Caldwell, Single Family
Subdivision
East: R-M-2 – Ben Maddox Way – Brackenwood
Subdivision, Single Family Subdivision
West: R-1-5 –Reimer Subdivision, Single Family
Subdivision
Environmental Review: Notice of Exemption No. 2022-51
Special Districts: N/A
Site Plan: 2022-065

RELATED PLANS & POLICIES
See attachment pertaining to General Plan Policies and Municipal Code pertaining to Conditional Use Permits.

RELATED PROJECTS
There have been three previous proposals of multi-family housing developments on the site – in 1998, 2003, and 2017. The 2017 proposal expired before building permit applications were submitted.

The following is a listing of recently entitled apartment complexes within Visalia, some of which are under construction.

Conditional Use Permit No. 2014-33 was approved by the Planning Commission on February 9, 2015, allowing for the development of a 168-unit multi-family apartment development on 12.89 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per unit) zone. The project site is located at the southwest corner of Houston Avenue and Woodland Street. 538
Conditional Use Permit No. 2017-08 was approved by the City Council on October 16, 2017, allowing for the development of a 200 unit apartment complex with a community building in the RM-2 (Medium Density Residential) zone. The project site is located at the northeast corner of Shirk Street and Doe Avenue.

Conditional Use Permit No. 2020-02 was approved by the Planning Commission on October 26, 2020, allowing for the development of a 216 unit, three story apartment complex on 8.86 acres in the R-M-2 (Multi-Family Residential, one unit per 3,000 square feet) and R-M-3 (Multi-Family Residential, one unit per 1,200 square feet minimum site area per unit) zones. The project is located on the north side of East Shannon Parkway between North Court and North Santa Fe Streets (APN: 079-071-033).

Conditional Use Permit No. 2020-21 was approved by the Planning Commission on December 14, 2020, allowing for the development of a 219-unit, two-story gated multi-family residential development on 15.1 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone. The project site is located on the northeast and southeast corners of West Sedona Avenue and North Akers Street (APNs: 077-060-031 & 077-060-033).

Conditional Use Permit No. 2022-09 was approved by the Planning Commission on June 27, 2022, allowing the development of a 234 unit, two- and three-story apartment complex on two parcels measuring 15.7 acres, which are zoned R-M-2 (Multi-Family Residential, one unit per 3,000 square feet). The project is located on the northeast corner of North Court Street and East Riggin Avenue. (Address not assigned) (APNs: 079-310-004 & 079-310-005).

PROJECT EVALUATION
Staff supports the requested Conditional Use Permit based on project consistency with the General Plan, Housing Element, and the Zoning Ordinance.

General Plan Consistency and Land Use Compatibility
Project compatibility with the City’s General Plan must be made as a finding for the conditional use permit entitlement. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.

The proposed project will result in the creation of a new multi-family residential development consisting of 3 two-story buildings and 7 three-story buildings totaling 292 units. The three-story buildings are planned along the street frontages and interior of the project while the two-story buildings will be place along the back of the development closer to the neighboring single-family development to the south. The areas south, east, and west of the subject site are comprised of single-family residential development. There is also single-family homes along with vacant property planned and zoned for multi-family to the north across East K Avenue.

The site plan (see Exhibit A) depicts that the row of multi-family buildings along the south side of the development, adjacent to single-family residential, will be two-story and a minimum of 68 feet from the east property line providing at least 85 feet between the multi-family buildings and the nearest single-family residential homes to the south. The single-family home to the west of the site (shown on the site plan exhibit attached as Exhibit “A”) will also be a minimum of 85 feet away from the nearest multi-family building.
539
State Density Bonus Concessions and Incentives
The State Density Bonus Law (California Government Code Section 65915 to 65918) creates incentives for developers to include affordable housing within their projects by granting increased density and other regulatory incentives known as concessions/incentives and waivers from development standards. Under Government Code Section 65915(f)(3)(D)(i) projects that provide 100% of the units as affordable for lower income residents are eligible for 80% additional density over the base density allowed under the Project site's zoning. Additionally, under Government Code Section 65915(d)(2)(D) projects that provide 100% of the units as affordable for lower income residents are eligible for up to four (4) concessions/incentives. Under the State Density Bonus Law, a concession/incentive is defined as a reduction in a development standard (zoning or design requirements) that will result in an identifiable and actual cost reduction for affordable housing (Government Code Section 65915(k)(1).

The Project site has a base density of 162 residential units based on the site’s General Plan Land Use Designation of Medium Density Residential, which provides for development between 10 and 15 units per acre. The Project will provide 100% of the units as affordable for lower income residents and seeks additional density of 130 unit over the base density which represents an increase of 80% over the base density.

Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code (Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing) implements SDB law for projects in Visalia. The ordinance requires findings that determine that the housing development project is eligible for the requested density bonus. These findings are included in the resolution for approval of the project.

Land Use Density
Staff concludes that the proposed development is consistent with the City’s General Plan as it pertains to density in the Residential Medium Density land use designation. The Residential Medium Density land use designation provides for a density range of 10 to 15 dwelling units per acre (reference General Plan Policy LU-P-56).

In accordance with the State Density Bonus Law, an increase of 80% over the base density is permitted. The project will be developed with a total of 292 affordable housing units.

Housing Element
Several vacant sites designated by the City’s Land Use Element for Residential land uses are included as part of the City’s current Housing Element Sites Inventory and are intended to contribute towards meeting the City’s Regional Housing Needs Allocation (RHNA). This site is identified as a site in the City’s State-certified Housing Element intended to accommodate the varying income household categories at the underlying prescribed density. The Inventory has assigned 45 units in the Above Moderate Income category for the subject site based on the development density of the former Grove residential development that consisted of 53 singlefamily homes and 44 multi-family units. The proposed project exceeds the minimum inventory amount by 247 units. The proposed project is consistent with the underlying General Plan land use designation and the associated units will help fulfill the need of the lower income levels.

Although the project will not provide the 45 Above Moderate Income units allocated to the site, the Housing Element’s Sites Inventory identifies an overall surplus of 350 units for the income category, and therefore other identified sites are able to fulfill this need. 540
The City’s Housing Element supports efforts to establish higher-density, well-designed multifamily development. The quality of life in a community is closely tied to the quality of its neighborhoods in both established and developing areas. The importance of housing and neighborhood quality is illustrated in numerous planning efforts where multi-family housing has been developed near single-family and other developments. Examples of this include the Shannon Way Apartments (Shannon Pkwy & Court), Cameron Crossing Apartments (Court & Cameron), and the Park Grove Apartments (Lovers Lane & Sunnyside). By encouraging “quality” multi-family developments that create a sense of place and include safe, well maintained communities, structures with a high degree of architectural appearance, and on-site amenities for residents, the City will continue to encourage development of a wide range of housing that fits the needs of the community.

Good Neighbor Policies and Management and Maintenance Standards The project is subject to the City’s Good Neighbor Policies (GNP’s) for multi-family residential development. The GNP’s are a set of management and maintenance requirements that address the common maintenance of buildings and grounds. The GNP’s prohibit the storage of boats, trailers, and recreational vehicles over one ton outside of carports, and require all buildings, mechanical equipment, and grounds to be maintained in good working order and in a neat and orderly fashion.

To ensure that these requirements are addressed and are consistent with the conditions placed on the subject multi-family project, staff recommends that management and maintenance conditions be maintained as a part of the conditional use permit. Among the recommended conditions is 24-hour availability for Visalia Police Department to Maintenance and/or Management staff. Maintenance and Management staff shall either be on-site or available by telephone at all times, with phone numbers to be provided to the Police Department dispatch center.

Street Frontage Improvements
Right-of-way improvements shall comply with the city standards, including sidewalks, curbing, street lights, and landscaping along all frontages of this project site. These frontage improvements are required as a condition of the development, which are defined in the site plan review comments (Condition No. 1 of the Conditions of Project Approval).

Other utility services (electricity, gas, phone/cable, and water) will also be extended on-site from existing services available in the project vicinity.

Development Standards
The project represents a comprehensively planned multi-family residential development with extra detail given toward the interface with the adjacent single-family residential property. The proposed site plan illustrates that setbacks around the perimeter of the project as well as the overall height of the buildings meet or exceed the minimum required for R-M-2 sites as follows:

Required: Proposed:

Front (Ben Maddox Way) 15 feet 23 feet
Street Side (East K Avenue) 10 feet 15 feet
Rear (south & west sides) 25 feet 68 feet
Height of structures 3 stories or 35 feet, 3 stories (40 feet) whichever is greater
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The project meets the required setbacks along the street frontages and complies with the 25-foot minimum rear setback, which abuts single family development on the south and west sides.

Building Elevations
Exhibits “B”, “C”, “D”, and “E” display the proposed typical building elevations for the multi-family development. The elevations depict cement plaster finish on the walls, stone veneer trim, arched entryways, and pitched tile roofs. Floor plans have been included for the apartment buildings as shown in Exhibit “F”.

Staff has included Condition of Approval No. 2, requiring that the building elevations and floor plans be developed consistent with those provided in Exhibits “B”, “C”, “D”, “E”, and “F”.

Correspondence
Staff has received three written correspondences regarding this project. Two correspondences provided state direct opposition to the project and cites the height of the buildings, number of units, and other factors. Another correspondence asks various questions pertaining to the project and its management, to which the City and applicant have provided a written response. Both correspondences are provided as Exhibit “N”.

In addition, the applicant held a community meeting on December 15, 2022 at Annie Mitchell school and invited property owners who lived within a 300-foot radius of the project to introduce and hear matters on the project. A representative from Maracor Development, Inc. and the current property owner were in attendance along with several residents from the surrounding area.

Block Walls and Fences
Fences and walls surrounding this project site are outlined in Exhibit “H”. The project will construct a six-foot high wood fence along the west property line. A block wall along the south property line was constructed by the developer of the adjacent R-1-5 single family residential site.

Although fencing along the street frontages is not identified per Exhibit “H”, a decorative wrought iron fence not exceeding seven feet in height is permitted along the front and street side property lines or within the front yard and street side yard setback areas of multi-family uses. In addition, a post or pilaster consisting of masonry, brick, or other solid material not exceeding 18 inches square and seven feet tall may be used to support the wrought iron fence at a minimum distance of six feet between the posts or pilasters (Section 17.36.040 of the Zoning Ordinance).

Open Space and Recreation
The project includes a community building with a pool and additional open space spread throughout the development. These spaces exceed the minimum five percent of usable open space and recreation area required in association with developments in an R-M zone designation.

Staff has included a condition that these amenities be installed as a part of the development and maintained in good working/accessible order.

Environmental Review
A Notice of Exemption was prepared for the conditional use permit. Notice of Exemption No. 2022- 51 disclosed that no additional environmental review is required based upon the project being consistent with the development density established by the City’s General Plan and based upon no further project-specific effects that are peculiar to the project or the site. Staff therefore recommends that Notice of Exemption No. 2022-51 be adopted for this project. 542

RECOMMENDED FINDINGS

1. That the proposed project, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed CUP is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.

The proposed project will result in the creation of a new multi-family residential development consisting of 3 two-story buildings and 7 three-story buildings totaling 292 units. The three-story buildings are planned along the street frontages and interior of the project while the two-story buildings will be placed along the back of the development closer to the neighboring single-family development to the south. The areas south, east, and west of the subject site are comprised of single-family residential development. There are also single-family homes along with vacant property planned and zoned for multi-family to the north across East K Avenue.

The site plan (see Exhibit “A”) depicts that the row of multi-family buildings along the south side of the development, adjacent to single-family residential, will be two-story and a minimum of 68 feet from the east property line providing at least 85 feet between the multifamily buildings and the nearest single-family residential homes to the south. The singlefamily home to the west of the site will also be a minimum of 85 feet away from the nearest multi-family building.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity.

3. That the proposed housing development conforms with the provisions of state density bonus law and with Article 2 of Chapter 17.32 of the City of Visalia Ordinance Code (Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing). Specifically, the project is consistent with the following requirements of state law:
a. The housing development provides the affordable units required by state density bonus law to be eligible for the density bonus requested.
b. The requested incentives will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

4. A Notice of Exemption was prepared for the conditional use permit. Notice of Exemption No. 2022-51 disclosed that no additional environmental review is required. Staff therefore recommends that Notice of Exemption No. 2022-51 be adopted for this project. 543

RECOMMENDED CONDITIONS OF APPROVAL

1. That the project be developed consistent with the comments and conditions of the Site Plan Review 2022-065.

4. That the setbacks illustrated in Exhibit “A” shall be maintained as minimum setbacks.

5. That the community building be developed as depicted in Exhibit “J”.

6. That the development shall maintain the landscaping and fences/block walls along the street frontages, and within the site.

7. That the community building, pool, tot lot, and open space shall be installed as a part of the development and maintained in good working/accessible order.

9. That a valid will-serve letter for the providing of domestic water service be obtained for the development prior to development.

10.Provide street trees per the City’s Street Tree Ordinance.

12.That the owner/operator(s) of all multiple family residential units shall be subject to the following conditions:

A. Maintenance and Operations
a. All development standards, City codes, and ordinances shall be continuously met for this apartment/residential complex. Buildings and premises, including paint/siding, roofs, windows, fences, parking lots, and landscaping shall be kept in good repair. Premises shall be kept free of junk, debris. b. Provide a regular program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and control infestation during the tenancy.
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c. Where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premise in as good condition as it by law or rental agreement should have been at the commencement of tenant occupation.
d. Maintain all electrical, plumbing, heating, and other facilities in good working order.
e. Maintain all dwelling units in reasonably weather tight condition and good exterior appearance.
f. Remove graffiti within 24 hours of it having been observed. g. Recreation facilities shall be for tenant use only.
h. Provide 24 hour access for Visalia Police Department to Maintenance and/or Management Staff. Maintenance and/or Management Staff shall be available by telephone or pager at all times, with phone numbers to be provided to the Police Department dispatch center and kept current at all times. i. Establish and conduct a regular program of routine maintenance for the apartment/residential complex. Such a program shall include, but not necessarily be limited to: regular inspections of common areas and scheduled re-paintings, re-plantings, and other similar activities that typically require attention at periodic intervals but not necessarily continuously. j. The name and phone number of the management company shall be posted in a prominent location at the front of the property.

B. Landscape Care and Maintenance
a. Automatic irrigation systems shall be maintained.
b. All plant materials (trees, shrubs, and groundcover) shall be maintained so that harm from physical damage or injury arising from vehicle damage, lack of water, chemical damage, insects, and other pests is minimized. c. It is the responsibility of the property owners to seek professional advice and spray and treat trees, shrubs, and groundcover for diseases which can be successfully controlled if such untreated diseases are capable of destroying an infected tree or other trees within a project.
d. Maintain decorative planting so as not to obstruct or diminish lighting level throughout the apartment/residential complex. Landscaping shall not obscure common areas.

C. Parking - The parking of inoperative vehicles on-site, and boats, trucks (one-ton capacity and over), trailers, and/or recreational vehicles in the apartment/residential complex is not allowed.

D. Tenant Agreement - The tenant agreement for the complex must contain the following:
a. Standards of aesthetics for renters in regard to the use and conditions of the areas of the units visible from the outside (patios, entryways). b. Hours when noise is not acceptable, based upon Community Noise Standards, additional standards may be applied within the apartment/residential complex. 545
c. Rules for use of open areas/recreational areas of the site in regard to drinking, congregating, or public nuisance activities.
d. Prohibition on inoperable vehicles on-site, and boats, trucks (one-ton capacity and over), trailers and/or recreational vehicles.
e. Standards of behavior for tenants that could lead to eviction. f. All tenants shall read and receive a copy of the Tenant Agreement.

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

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, 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 Street, Visalia, CA 93292. 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. 2022-51
• Exhibit "A" – Site Plan
• Exhibit “B” – Exterior Elevation Plans (Building 2s-16A) • Exhibit “C” – Exterior Elevation Plans (Building 2s-18A) • Exhibit “D” – Exterior Elevation Plans (Building 3s-30B) • Exhibit “E” – Exterior Elevation Plans (Building 3s-30A) • Exhibit “F” – Exterior Elevation Plans (Building 2s-24A) • Exhibit “G” – Exterior Elevation Plans (Building 3s-36A) • Exhibit “H” – Exterior Elevation Plans (Building 3s-36B) • Exhibit “I” – Floor Plans (Binder of all Floor Plans) • Exhibit “J” – Community Building Elevations
• Exhibit “K” – Wall and Fence Exhibit
• Exhibit “L” – Operational Statement
• Exhibit “M” – Landscape Plan
• Exhibit “N” – Correspondence
• Notice of Exemption No. 2022-51
• Site Plan Review Comments
• General Plan Land Use Map
• Zoning Map
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• Aerial Photo
• Location Map
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Related Plans & Policies
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:

General Plan Land Use & Transportation Policy:

LU-P-52 Facilitate high-quality building and site design for multi-family developments by updating development standards in the zoning ordinance and providing clear rules for development review and approval and by creating and adopting design guidelines to be used in the development review and approval process.

Characteristics of high-quality site and building design include connectivity to the public realm; compatibility with surrounding development; small-scale buildings with variation in architecture and massing; usable open space and recreation facilities; orientation to natural features; and solar orientation.

LU-P-56 Update the Zoning Ordinance to reflect the Medium Density Residential designation on the Land Use Diagram for development at 10 to 15 dwelling units per gross acre.

This designation can accommodate a mix of housing types including small-lot single family, townhouses, two- and four-plexes, and garden apartments, on infill lots or new development areas within walking distance of neighborhood nodes and corridors. Medium Density Residential development may also be permitted on corner lots in single-family zones and in infill areas where it can be made to be consistent with adjacent properties through the conditional use process.

Development standards will ensure that new development contributes positively to the larger community environment. Projects on sites larger than five acres or involving more than 60 units will require discretionary review.

LU-P-57 Update the Zoning Ordinance to reflect the High Density Residential designation on the Land Use Diagram for development at 15 to 35 dwelling units per gross acre, accommodating townhouses, twoand four-plexes, and multistory condominium and apartment buildings.

The designation is appropriate for some infill sites and new areas in close proximity to neighborhood centers and major transportation routes. High Density Residential development may also be permitted in infill areas where it can be made to be consistent with adjacent properties through the conditional use permit process. Development standards will ensure that new development contributes positively to the creation of neighborhood nodes or districts. Projects on sites larger than five acres or involving more than 60 units will require discretionary review.

T-P-41 Integrate the bicycle transportation system into new development and infill redevelopment.

Development shall provide short term bicycle parking and long term bicycle storage facilities, such as bicycle racks, stocks, and rental bicycle lockers. Development also shall provide safe and convenient bicycle and pedestrian access to high activity land uses such as schools, parks, shopping, employment, and entertainment centers.
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Zoning Ordinance Section for R-M Zone
Chapter 17.16
R-M Multi-Family Residential Zone

17.16.010 Purpose and intent.

In the R-M multi-family residential zones, the purpose and intent is to provide living areas within the two multifamily residential zones (one medium density and one high density) with housing facilities where development is permitted with a relatively high concentration of dwelling units, and still preserve the desirable characteristics and amenities of a low density atmosphere.

17.16.015 Applicability.

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

17.16.020 Permitted uses.

In the R-M multi-family residential zones, the following uses are permitted by right:

A. Existing one-family dwellings;
B. Multi-family dwellings up to sixty (60) dwelling units per site in the R-M-2 zone and the R-M-3 zone; C. Fruit, vegetable and horticultural husbandry;
D. Swimming pools used only by residents 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, situated within an existing single-family dwelling;
G. Twenty-four (24) hour care facilities or foster homes for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provision 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. Adult day care for a maximum of twelve (12) individuals in addition to the residing family, situated within an existing single-family dwelling;
K. Other uses similar in nature and intensity as determined by the city planner.

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

M. Single-room occupancy (SRO), as follows:

1. Up to fifteen (15) units per gross acre in the R-M-2 zone district;

2. Up to twenty-nine (29) units per gross acre in the R-M-3 zone district.

17.16.030 Accessory uses.

In the R-M multi-family residential zone, accessory uses include:

A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.16.090B.

17.16.040 Conditional uses.

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

A. 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; B. Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent homes; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
C. 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 and other public buildings, structures and facilities; public playgrounds, parks and community centers; D. In the R-M-3 zone only, an open air public or private parking lot, subject to all provisions of Section

17.34.030, excluding trucks over 3/4 ton;
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E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations and/or elevated or underground tanks; H. Communication equipment buildings;
I. In R-M-2 zone only, mobile home parks;
J. More than sixty (60) units per site in the R-M-2 zone, and within the R-M-3 zone; K. Boarding houses and residential motels;
L. [Reserved]
M. Senior citizen residential developments;
N. Adult day care in excess of twelve (12) individuals; O. Planned developments may utilize the provisions of Chapter 17.26; P. New one-family dwelling, meeting density identified in the general plan land use element designations; Q. Other uses similar in nature and intensity as determined by the city planner; R. 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 chapter and in which the private streets are designed and constructed to meet or exceed public street standards.

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

17.16.050 Site area and configuration.

A. The division of (R-M) multi-family residential property less than two (2) acres shall be approved as part of a conditional use permit.

17.16.060 Site area per dwelling unit and per structure.

The minimum site area per dwelling unit shall be three thousand (3,000) square feet in the R-M-2 zone and one thousand two hundred (1,200) square feet in the R-M-3 zone.

17.16.070 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-M-2 15 feet
R-M-3 15 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. All garage doors facing the front property line shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.

17.16.080 Side yards.

A. The minimum side yard for a permitted or conditional use shall be five feet per story subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet.

B. Side yard providing access to more than one dwelling unit shall be not less than ten feet.

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

17.16.090 Rear yard.

The minimum rear yard for a permitted use shall be fifteen (15) feet in the R-M-3 zone and twenty-five (25) feet in the R-M-2 zone, subject to the following exceptions:

A. On a corner or reverse corner lot in R-M-2 zone 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.

B. Accessory structures not exceeding twelve (12) feet in height may be located in the required rear yard, but not closer than three feet to any lot line; provided, that on a reversed corner lot an accessory structure shall be located not closer to the rear property line than the required side yard on the adjoining key lot and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot. In placing accessory structures in a required rear yard a usable, open, rear yard area of at least one thousand two hundred (1,200) square feet shall be maintained.
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C. Exceptions to the rear yard setback can be granted for multiple family units that have their rear yard abutting an alley. The exception may be granted if the rear yard area is to be used for parking.

17.16.100 Height of structures.

The maximum height of structures shall be thirty-five (35) feet or three (3) stories whichever is taller in the R-M-2 zone. The maximum height shall be thirty-five (35) feet or three (3) stories whichever is taller in the R-M-3 zone.

Where an R-M-2 or R-M-3 site adjoins an R-1 site, the second and third story shall be designed to limit visibility from the second and third story to the R-1 site. Structures specified under Section 17.16.090(B) shall be exempt.

17.16.110 Off-street parking.

Off-street parking shall be subject to the provisions of Chapter 17.34.

17.16.120 Fences, walls and hedges.

Fences, walls and hedges shall be subject to the provisions of Section 17.36.040.

17.16.130 Trash enclosures.

Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section

17.32.010 and that are approved by the site plan review committee. Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exists on the property.

17.16.140 Site plan review.

A site plan review permit must be obtained for all developments other than a single-family residence in R-M zones, subject to the requirements and procedures of Chapter 17.28.

17.16.150 Open space and recreational areas.

Any multiple family project approved under a conditional use permit or site plan review permit shall dedicate at least five (5) percent of the site to open, common, usable space and/or recreational facilities for use by tenants as a part of that plan. The calculated space shall not include setback areas adjacent to a street. Shared open space could include parks, playgrounds, sports courts, swimming pools, gardens, and covered patios or gazebos open on at least three (3) sides. Further, the calculated space shall not include enclosed meeting or community rooms. The specific size, location and use shall be approved as a part of the conditional use permit.

17.16.160 Screening.

All parking areas adjacent to public streets and R-1 sites shall be screened from view subject to the requirements and procedures of Chapter 17.28.

17.16.170 Screening fence.

Where a multiple family site adjoins an R-1 site, a screening block wall or wood fence not less than six feet in height shall be located along the property line; except in a required front yard, or the street side of a corner lot and suitably maintained.

17.16.180 Landscaping.

All multiple family developments shall have landscaping including plants, and ground cover to be consistent with surrounding landscaping in the vicinity. Landscape plans to be approved by city staff prior to installation and occupancy of use and such landscaping to be permanently maintained.

17.16.190 Model Good Neighbor Policies.

Before issuance of building permits, project proponents of multi-family residential developments in the R-M zones that are subject to approval by the Site Plan Review Committee or the Planning Commission, shall enter into an operational management plan (Plan), in a form approved by the City for the long term maintenance and management of the development. The Plan shall include but not be limited to: The maintenance of landscaping for the associated properties; the maintenance of private drives and open space parking; the maintenance of the fences, on-site lighting and other improvements that are not along the public street frontages; enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property; and, enforcing all provisions of the model Good Neighbor Policies as specified by Resolution of the Planning Commission, and as may be amended by resolution.

17.16.200 Signs.

Signs shall be placed in conformance with Chapter 17.48. 551
Chapter 17.38
Conditional Use Permits

17.38.010 Purposes and powers.

In certain zones conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes and thus give the zone use regulations the flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permits.

17.38.020 Application procedures.

A. Application for a conditional use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary by the planning division to clearly show the applicant's proposal;

5. The purposes of the conditional use permit and the general description of the use proposed;

6. Additional information as required by the historic preservation advisory committee.

7. Additional technical studies or reports, as required by the Site Plan Review Committee.

8. A traffic study or analysis prepared by a certified traffic engineer, as required by the Site Plan Review Committee or Traffic Engineer, that identifies traffic service levels of surrounding arterials, collectors, access roads, and regionally significant roadways impacted by the project and any required improvements to be included as a condition or mitigation measure of the project in order to maintain the required services levels identified in the General Plan Circulation Element.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.

17.38.030 Lapse of conditional use permit.

A conditional use permit shall lapse and shall become void twenty-four (24) months after the date on which it became effective, unless the conditions of the permit allowed a shorter or greater time limit, or unless prior to the expiration of twenty-four (24) months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site that was the subject of the permit. A permit may be renewed for an additional period of one year; provided, that prior to the expiration of twenty-four (24) months from the date the permit originally became effective, an application for renewal is filed with the planning commission. The commission may grant or deny an application for renewal of a conditional use permit. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section.

17.38.040 Revocation.

Upon violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The planning commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to insure compliance with the regulation, general provision or condition. Appeals of the decision of the planning commission may be made to the city council as provided in Section 17.38.120.

17.38.050 New application.

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council. 552

17.38.060 Conditional use permit to run with the land.

A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit application subject to the provisions of Section 17.38.065.

17.38.065 Abandonment of conditional use permit.

If the use for which a conditional use permit was approved is discontinued for a period of one hundred eighty (180) days, the use shall be considered abandoned and any future use of the site as a conditional use will require the approval of a new conditional use permit.

17.38.070 Temporary uses or structures.

A. Conditional use permits for temporary uses or structures may be processed as administrative matters by the city planner and/or planning division staff. However, the city planner may, at his/her discretion, refer such application to the planning commission for consideration.

B. The city planner and/or planning division staff is authorized to review applications and to issue such temporary permits, subject to the following conditions:

1. Conditional use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six months for all other uses or structures.

2. Ingress and egress shall be limited to that designated by the planning division. Appropriate directional signing, barricades, fences or landscaping shall be provided where required. A security officer may be required for promotional events.

3. Off-street parking facilities shall be provided on the site of each temporary use as prescribed in Section

17.34.020.

4. Upon termination of the temporary permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition.

5. Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the city planner and planning division staff.

6. Applicants for a temporary conditional use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.

7. Signing for temporary uses shall be subject to the approval of the city planner.

8. Notwithstanding underlying zoning, temporary conditional use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. In reviewing applications for such stands, issues of traffic safety and land use compatibility shall be evaluated and mitigation measures and conditions may be imposed to ensure that the stands are built and are operated consistent with appropriate construction standards, vehicular access and off-street parking. All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.

9. Fruit/Vegetable stands shall be subject to site plan review.

C. The City Planner shall deny a temporary use permit if findings cannot be made, or conditions exist that would be injurious to existing site, improvements, land uses, surrounding development or would be detrimental to the surrounding area.

D. The applicant or any interested person may appeal a decision of temporary use permit to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing with applicable fees, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The commission shall review the temporary use permit and shall uphold or revise the decision of the temporary use permit, based on the findings set forth in Section 17.38.110. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145.

E. A privately owned parcel may be granted up to six (6) temporary use permits per calendar year. 553

17.38.080 Public hearing--Notice.

A. The planning commission shall hold at least one public hearing on each application for a conditional use permit.

B. Notice of the public hearing shall be given not less than ten days nor more than thirty (30) days prior to the date of the hearing by mailing a notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing, and by publication in a newspaper of general circulation within the city.

17.38.090 Investigation and report.

The planning staff shall make an investigation of the application and shall prepare a report thereon that shall be submitted to the planning commission. The report can recommend modifications to the application as a condition of approval.

17.38.100 Public hearing--Procedure.

At the public hearing the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section

17.38.110. The planning commission may continue a public hearing from time to time as it deems necessary.

17.38.110 Action by planning commission.

A. The planning commission may grant an application for a conditional use permit as requested or in modified form, if, on the basis of the application and the evidence submitted, the commission makes the following findings:

1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the zone in which the site is located;

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

B. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may grant conditional approval for a permit subject to the effective date of a change of zone or other ordinance amendment.

C. The commission may deny an application for a conditional use permit.

17.38.120 Appeal to city council.

The decision of the City planning commission on a conditional use permit shall be subject to the appeal provisions of section 17.02.145.

17.38.130 Effective date of conditional use permit.

A conditional use permit shall become effective immediately when granted or affirmed by the council, or ten days following the granting of the conditional use permit by the planning commission if no appeal has been filed.

Article 2. Density Bonuses, Concessions and Other Incentives for Lower and Very Low-Income Households and for Senior Housing.

17.32.170 Purpose.

The California Legislature has determined that the provision of housing for lower and very low income individuals and senior citizens is of primary importance in the state and must be encouraged at the local level. It is the purpose of this chapter to specify how compliance with Government Code Section 65915 et seq. ("state density bonus law") will be implemented, as required by Government Code Section 65915, subdivision (a). In enacting this chapter, the City of Visalia's intent is to facilitate the development of affordable housing, to implement the goals, policies, and actions of the housing element of the city's general plan and provide a framework as it relates to implementing affordable housing density bonuses and offering concessions/incentives for eligible housing developments.

17.32.175 Definitions.

The definitions found in state density bonus law shall apply to the terms contained in this chapter. 554

17.32.180 Applicability.

A. A housing development as defined in state density bonus law shall be eligible for a density bonus and other regulatory incentives that are provided by state density bonus law when the applicant seeks and agrees to provide very low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in state density bonus law. A housing development includes only the residential component of a mixed-use project. A commercial development, as that term is defined in Section 17.32.220, shall be eligible for a commercial development bonus as provided in Section 17.32.220.

B. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

17.32.185 Application requirements.

A. Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by state density bonus law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.

B. The density bonus report shall include the following minimum information:

1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units. c. The zoning and general plan designations and assessor's parcel number(s) of the housing development site. d. Calculation of the maximum number of dwelling units permitted by the city's zoning regulations and general plan for the housing development, excluding any density bonus units. e. A description of all dwelling units existing on the site in the five (5)-year period preceding the date of submittal of the application and identification of any units rented in the five (5)-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five (5)-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
f. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five (5)-year period preceding the date of submittal of the application.
g. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.

2. Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
a. The city's usual development standard and the requested development standard or regulatory incentive. 555
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.

3. Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:
a. The city's usual development standard and the requested development standard. b. Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

4. Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

5. Child Care Facility. If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.

6. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.

7. Commercial Development Bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 17.32.220, and reasonable documentation that each of the standards included in Subsection 17.32.220(C) has been met.

8. Fee. Payment of any fee in an amount set by resolution of the city council for staff time necessary to determine compliance of the density bonus plan with state density bonus law.

17.32.190 Density bonus.

All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.

A. If a housing development qualifies for a density bonus under more than one (1) income category, or additionally as a senior citizen housing development as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.

B. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.

C. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under state density bonus law.
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17.32.195 Incentives.

A. Incentives include incentives and concessions as defined in state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

B. Nothing in this chapter requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

17.32.200 Review procedures.

All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by California Government Code Section 65950 et seq., with right of appeal to the city council.

A. Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s) for a Housing Development.

To ensure that an application for a housing development conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state, or the city planner shall make a determination if it is within their authority to approve the development, whether the application conforms to the following requirements of state law as applicable:

1. The housing development provides the affordable units or senior housing required by state density bonus law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low and low income households as required by California Government Code Section 65915, subdivision (c)(3).

2. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2).

3. The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

4. The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p).

5. If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met.

6. If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.

7. If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5 have been met.

B. If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding, or the city planner shall make a finding if it is within their authority to approve the development, that the development complies with all of the requirements of Subsection 17.32.220(C), that the city has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer.

C. The decision-making body, or the city planner if it is within their authority to approve the development, shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053;
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2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

D. The decision-making body, or the city planner if it is within their authority to approve the development, shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law; or

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

E. If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to Section 17.32.205.

17.32.205 Affordable housing agreement and senior housing agreement.

A. Affordable Housing Agreement. Except where a density bonus, incentive, waiver, parking reduction, or commercial development bonus is provided for a market rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this chapter are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market rate units.

B. Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a market rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.

C. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

D. The affordable housing agreement shall include, but not be limited to, the following:

1. The number of density bonus dwelling units granted;

2. The number and type of affordable dwelling units

3. The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;

4. The proposed location of the affordable dwelling units;

5. Schedule for production of affordable dwelling units; 558

6. Incentives or concessions or waivers provided by the city;

7. Where applicable, tenure and conditions governing the initial sale of the affordable units;

8. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units

9. Marketing plan; publication and notification of availability of affordable units;

10. Compliance with federal and state laws;

11. Prohibition against discrimination;

12. Indemnification;

13. City's right to inspect units and documents;

14. Remedies;

15. Attorney(s) fees provision.

17.32.210 Design and quality.

A. The city may not issue building permits for more than fifty percent (50%) of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent (50%) of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

C. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units.
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Resolution No. 2022-51
RESOLUTION NO. 2022-51

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2022-23, A REQUEST BY MARACOR DEVELOPMENT TO DEVELOP A 292-UNIT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT ON 10.8 ACRES IN THE R-M-2 (MULTIFAMILY RESIDENTIAL, 3,000 SQ. FT. MINIMUM SITE AREA) ZONE. THE

SITE IS LOCATED AT THE SOUTHWEST CORNER OF K AVENUE AND BEN MADDOX WAY (APNS: 126-750-050 & 126-750-051).

WHEREAS, Conditional Use Permit No. 2022-23 is a request by Maracor Development to develop a 292-unit multi-family residential development on 10.8 acres in the R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area) zone. The project site is located on the southwest corner of K Avenue and Ben Maddox Way (APNs: 126- 750-050 & 126-750-051); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on January 9, 2023; and WHEREAS, the Planning Commission of the City of Visalia finds the Conditional Use Permit to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, a Notice of Exemption was prepared for the conditional use permit.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed CUP is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies (LU-P-52 and LU-P-56) identify the implementation of development standards to ensure that new multi-family residential development will contribute to positive land use compatibility. The size 560
Resolution No. 2022-51
of the property combined with the allotted number of units requires a conditional use permit for development of the site, wherein the proposed development can be reviewed for consistency and compatibility with adjacent properties.

BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Conditional Use Permit on the real property here described in accordance with the terms of this resolution under the provisions of Section 17.38.110 of the Ordinance Code of the City of Visalia, subject to the following conditions: