Visalia City Council
August 7, 2023

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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

30. RESPONSIBILITY FOR GOVERNMENT ENTITIES OTHER THAN COUNTY Those governmental entities other than the County who are listed (or who have sub sequentially been included) have signified their intention to participate in the Tulare County agreement or purchase order resulting from this bid. Participation will not impose any responsibility for payment of claims or any ·responsibility whatsoever on the Tulare County Board of Supervisors or the County Purchasing Agent.

Each such governmental entity will be billed separately, and payments will be made by warrants drawn . on the appropriate funds for the governmental entity.

31. LOCAL PREFERENCE (Section 1-03-1301 of the Tulare County Ordinance Code):

A. Whenever the County purchases supplies, materials, equipment or services for the County through · the use of competitive bids, the County in evaluating the price for such supplies, materials and/or equipment shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid.

Such new bid must be in em amount less than or equal to the low bid announced by the County . . County shall award the contract to the local vendor submitting the lowest responsible bid withins~id . 481~our~ p~riod. If no new bids received within said 48 hour period, the contract shall be awarded to the qrigiriallow bidder as announced by the County. · · · B. "Local vendor" shall mean any business which:
(1)
(2)'
(3)
has had a fix~d offjc;e. or distribution point located in and having a street addr~ss within the Counzy of Tulare for at least six (6) months immediately prior to the issuance ·6f the · . . request for bids by the County; and . . . . . . . . . . - . . . . . - . . .
. holds any required busines~ license by the County or any city within the County; and, . . . ' . . . . . . . employs ~Ueasf~ne (1) full~time or two (2) part-time employeeswhoseprimary r~sidence is located ·wittiirUh~ County, or if the business.'has no employees, shall be'atleastftfty perden~ (50%) owned oyoneor more persons whoseprimary·residence is'locate~cwithin Tulare county. ·. · · · · C. . Any vendor claiming to be a .local vendor as defined above shall so certify to the Purchasing Agenti)~,"iridic;atirig Y~s;9rno'; belc>yl(_and signature a~ bid document. TheGourty Py.h:::ti~sing .

Agent st:tall.have· sole discretion to determine if a vendor meets the definition. of a "loc~ll vendor" .. .. -·· ... . .._, .· '. . ,, . - . ' -' . . . . -· ' .· .

D. · · Any person or business falsely claiming to be a local vendor shall be ineligible to transact any.·. t>uslne~~ with:the ·countY fora pedod of not lessthanthree (3) months or riot more th~n twenty~· . four (24) month~ ~s dete'fniin~d ii'rthe sole discretion 'of thij Purchasing Agent. Th~ County shall also have the right to t~rminate airor any part of any contract entered into with such. persori or ~usiness;' . ': . ·: · · ·· · · ·· · · · ·· · · E. . Prior tott)e c()unty qe9laiing any person or business not a "local yepdor" or ineligible to transact business ~i~'th~ C~unty, ~uch p~rs()n or business s~an be.~ntitl~d to, a put?lic h~arihg before the Bo~rd qfSu8ei;vis,o~s:andJo aJiVe {5) day notice of theti111e an~ plac~~th~reof. . · . . ·. . · . F. This prefe~e'nce shali not apply to transactions required by state or federal statutes or regulations to be awCirde~ to th~ "lowest respgnsible bidd~r'', or otherwise exenipte~ {ror:n loc~l_preferences. ' : ' < L ~ • ' ' •• - 0 0 0 0 ' ·, ' • r' .. • . Page 9 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1452 380
BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

32. DEBARMENT: Contractor guarantees that it, its employees, contractors, subcontractors or agents (collectively "Contractor'') are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal state funded health care program, or from receiving Federal fund as listed in the List of Parties Administration. Contractor must within 30 calendar days advise the County if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or state funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the County harmless for any Joss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.

See Exhibit A, attached with instructions and signature page that must be signed and submitted with this Bid.

33. ON-LINE ORDERING
In keeping with the advance in technology, the County of Tulare is implementing on-line ordering as opportunity allows. Can you provide online inter-net ordering,:; . . · YES /' NO
Can you provide your commodity catalog either from your website or by Excel spreadsheet? •.. . . . . YES _j_ NO
34; INFORMATION
Information regarding the results of any bid may be obtained at the Tulare County Purchasing Department, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 for a period of ninety. (90) days from the·openihg date of the bid. Bid tabulations will be made available for review three (3) days after bid opening date and can be obtained from the Purchasing Department clerical staff.

35. SPECIAL CONDITIONS
Special Conditions attached hereto supersede the General Conditions to the extent of any ·inconsistency betweenthem. ·
. · 36 .. HEADINGS
. .

Headings are p~ovided for organizational purposes only and do not in any mann.er affect the scope, meal"lirig or intent ofthe provisions undedhe headings. . .

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BiD NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

37. OTHER PROVISIONS
A. PRICES shall be firm for the contract period ending JUNE 30, 2024, unless otherwise stated by the bidder hereon:

B. MINIMUM ORDER quantities and charges for less than minimum order quantity shall be assumed as "NONE" unless otherwise stated by the bidder hereon:

C. STATE PURCHASE ORDER mailing address, e-mail, and telephone number for ordering purposes:

Javsoo 6-Hecpeises- 1 Pofu.5 99L\Z.'-\-& 1 R~d;")"C~ 9'o9q-Y2.~9 <y~~o.K"6n GlCjjf~~eS.Con-a 1 (J{J_J- 372-222.8
D. STATE REMITTANCE mailing address and telephone number for payment purposes:
j~,;on £1?krpri5CS) fo &vr qq4zt.J81 1(.ec~J,~ 1CA '1/poCfCf- 4Z'/8 5 3ti -Z'-4l- 2.ll z_ . .

E. DEFAULT BY SUCCESSFUL BlDDER: In case of default by successful bidder by non~delivery of aiticle(s) 'and or seryice(s) oil or before the delivery date. The County may proqurethe article(s) and or service(s) from another source and may recover costs from successful bidder.

The sucqe5$ful bidder may be charged, cost of transportation, the difference in qost ofarticle(s) and orseivice(s) bas,ed ori Cont(actinformation. The County reserves the right to be . compensated deducting monies owed to successful bidder from the Contract information arid or invoicing the successful bidderupon notification of the default. .

E. . COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as setforth in the attached Exhibit s,: apply. ' · . ~-- ·.
.p~ge 11 of20
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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Y." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . 38. INSURANCE:

Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in EXHIBIT C, attached.

Insurance policies shall not be used to limit CONTRACTOR'S liability or to limit the indemnification provisions and requirements of this contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the-Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.

39. CAMPAIGN CONTRIBUTION DISCLOSURE
All bidders (potential contractors) must complete and submit with their bid, the Campaign Contribution Disclosure Form. Exhibit D attached with instructions, information, and a disclosure form must be signed and returned. For additional information, please refer to: Government Code section 84308
https:/lleginfo.legislature.ca.gov/faces/codes displaySection.xhtml?lawCode=GOV&sectionNum=8 4308
FPPC Regulations 18438.1 through 18438.8
.https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=l7624 5C705AOA 11 EC8227000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&c ontextD%20ata=%28sc.Default%29&contextData=%28sc.Default%29 40; NOTIFICATION REGARDING CONTRACTOR AND GRANTEE COMPLIANCE WITH ECONOMiC :- SANCTJbNS-IMPOSED JN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE -The attac:t)ed E;xlli_bit E sets Oljt infOrrQ.~t!on reg·arding the obligatipns. of County Gontra9tOrf) to comply with existing economic sanctions imposed by the u.s. government iri response to Russia's ·actions in Ukraine, as well as any sanctions imposed under stat,e law.

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BID NO .. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT SPECIAL CONDITIONS:

SPECIFICATIONS
· Plant Run Cold Mix- %" and Y2" mix as per CaiTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County representative.

DELIVERIES: D~_liveries are to be made at the vendor's plant and/or storage location as required. • Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date. ·
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix :Material is<irnportant and necessary to the County for the economic completion of its road work projects. ·
PRICES: Prices shall be F .0.8. Plant Location and shall exclude Federal Excise Taxes, fqr which the · Co~_nty is exempt. Califor_!1ia State Sales Tax will be allowed on the net bid price. The price per ton · , sha.ll include all .fees for the duration of the contract. Example, environmental fees, etc. , NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds a\(oirdupois. •BID, PRICE: . ........ ;_._·:·
. . .
.. 4;000.Tons t()~~l ,estir)1a~~d. qqantitythrough June 30, 4024. . . - .·. .. .·.··· •· ·••· · _.-.: Appiic~bi~-.$ales t8}(~ in additicm to ;th~ price indic~ted. · · 2,000 T~ns-.S~l;)TH.COUNTY ~--· 5t..f 7 5 PER TON (includes, all fees). •. . •;;' ; ·: '. < " 0 ••• ' : . . : ' ;' . . ' '5 ~ ., s · 2.000 Tons :NORTH COUNTY $ PER TON (includes all fees) ,•.- .. J .. • - . %11·PLAN:rRUN:COLD MIX WITH OIL :-_··-.' :_-: :-: .• _,, .. ".! . .. ·_ ·. · ..
· 14;000Tonstotah;lstimated quantity-through June 30,2024. -· -·;, .· · ..... · . .. . . .· ., . ' . . Af:lp!icE.t.ble• ~al~s Tax .jfJ (iddition ·to the price indicated . . .,,O~O~o~s:··S~UTHQO~NTY $ · . . 5Ll 00
PER.TON (inGiudes_all fees) .. · . ' . - ~ . ·-. \"·"• ;·· .·7.~-0~,l"ons NQRTrj qoqNTY ·. $---'-_S_Y ____ ·""""o----- PER TON (includes all fees)

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BID NO. 24-006- %"-W' COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT BID PRICE ·Continued:

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer. _<:>_~_;;...._ _______ _ INDICATE PLANT LOCATION/SHIPPING POINT: 2.1 url ~'IL \ ?..D, Por.J-Grv,'llc... I CIA

9.3z.t;7
Compensation adjustment for price index fluctuations applies to this contract per Exhibit B, attached. %" HOT ASPHALT CONCRETE
Asphalt Concrete shall be Type B, %"maximum and shall conform to the provisions in Section 39, "Asphalt Concrete", of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CaiTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10. 6,000 Tons total estimated quantity through June 30, 2024.

Applicable Sales Tax in addition to the price indicated. 3,000 Tons SOUTH COUNTY
3,000 Tons NORTH COUNTY $ (pD oo
PER TON (includes all fees)
PER TON (includes all fees)
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer_o=--lu_ .... _-+/-------- INDICATE PLANT LOCATION/SHIPPING POINT:'Z.. ( tt, \]
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, 0,~ 2..~ 7 attached.

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3, Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Note: Page 13-14 must be completed and submitted.

ATTACHMENTS:
**EXHIBIT A, DEBARMENT- MUST BE RETURNED SIGNED WITH THIS BID FORM. **EXHIBIT D, CAMPAIGN CONTRIBUTION DISCLOSURE FORM- MUST BE COMPLETED AND

RETURNED WITH THIS BID
**NOTE: FAILURE TO SUBMIT THE ABOVE-REFERENCED ITEMS AND BID FORM SHALL CAUSE BIDDER TO BE NON-RESPONSIVE.

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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below. · ·

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. ·

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, · in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
· •. · .. · 4: · The prospective primary participant shall provide immediate written notice to the department o{ agency to· wl1ich this bid is submitted if at any time the prospective primary ··· participant learns that its certification was .erroneous when submitted or has bec_ome erroneous by reason of changed <?ircumstances.
.. 5. . The. terms cov~rec;l tran~acti_on, debarred, s.uspended, ineligibl~, lower tie'r poyered tr~m~action,: .participant,· person, prirf!ary. covere.d transaction,· prinCipal, .. bid, and· v6!uritarily ex~luded, as used ih -this clause, have. thE:~ meanlrigs set out in the Definitions and Cpverage · sections ·otthe·, rules. implerrteriting Executive Order 12549. You· 'may c6ntacttlie depaf.tmenf9r · · agency to which this bid is being submitted for assistance in obtaining a copy of those regulations. . 6. . The · prospective· primary participant agrees by submitting this bid that, should the · proposed . coveted transaction be entere.d into, it shall not knowingly enter into any .lower tier ce)veted tra11saqtion· with ~ person who Is proposed for debarment under 48 CFR''part 9, subpart 9A; debarred, .·suspended, . declared ineligible, or voluntarily exCluded from participation· in this · · .· coveted transaction, unless' authorized by the department or agency entering into this transaction. ' ,-· .. ' . . . . .. : . . . ' '. · 7. The pro~pective p~i[lary pa_rtiq_ipant further. agrees by submitting t~is. bid. that it will i,.;qlude ·the . clau.se titied ''Certifi~~tion~-Regardin'g · Debarment Suspe'nsion, h1eliglblllty anct VoiLintaiy -~xdusion-Low~f Tier -~6\fe,re~ Transa¢lion'j'. provided by the departrrieri.f or agency eR~~ring 'i!Jt() this covered transaction, WithOut modification, in all lower tier covered transactions 'and in ,all . solicitations for iower tiercc)vered transactions. . . . . . . : . ~: ·, ' . .• • ... ·.:. ' ( . - . . Page 15 of20 ·
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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower"tier covered transaction that it is not proposed for debarment under48 CFR · part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the. covered transaction, unless it knows that the certification is erroneous. A participant may d~cide the •. method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties· Excluded from Federal Procurement and Nonprocurememt Programs.

9. Nothing contained in the . foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The .. · knowledge arid· information of a participant is not required to exceed that which is normally . possessed by a prudent person in the ordinary course of business dealings. . . . 1 0. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, . .debarred, · · .·: in~llgible, or volt.intanly ·.excluded _ from participation in this transaction, in addition ·to other .. _ remedies available to the Federal Government, the department or agency may term_inatej this . . . transaction for cause or default. .
-CERTIFICATION
.I
.•. _ . (1) The prospective pi:imacy participant certifies to the best of its knowledge a_nd belief; tQat . • . it and its priricipc:lls: -. . - . . ! ... ·: .. :. ·· •. -.. ~ . .. ·. (a). Are not·pre~ently ~ebJ:~n;~d, suspended, proposed for debarment, declared _ ineligibJe, or vqlupfaril}texcluded by any Federal department or agepcy; -.. . ·. : ·_ --. ·: . ; . - · .. ·. . . ' ....
• . (b) Have .n9t ~it~il1: a 1h~~~7¥!3~t period pr~ceding tri~: bic;i ~(:J,en, C<?r'!Yi,~te9. of pr · ·.had a civiljudgi;rlentre,nderep·'~gain~t them for comrnis.~ion offr~;aud or;,a ¢ritT:linal. · -qff~n~e in cohrf~~i9n With 6pt~!h.iog, attempting to obtain, ::or pen:Or_ming ~{ py~ifc · · (F~deta,l, ~tate~:.~r lo~1UraJ1~,a~~R>nor:~()ntta6t u·rider ~:publi~ tr~n~a~~,~~)l'l; vioi~tipn· :· . . -of;F~qerat <?r State an~itrust 5t(l,tO.e.!? orcomn'iission.9f .einbezile!T:l~rlf;.tl:l~ft. forgery;- -_ -·. · qri,t),efy,J?I~i~q~tipo- pfqE$tru,C,:t!<:>rt qf reC()rds, making f;:tiS_e st~tern~qts; or re~fjiyihg · ~tol~f.l,pi:ot>t:lttY;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
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BID NO. 24-006- %"-%"COLD MIX MATERIAL & ~"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and · (d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in · this certification, such prospective participant shall attach an explanation to this bid. rinted Name Name of Agency or Company

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BID NO. 24-006 - %"-W COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT

EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
·.G_ENERAL
Summary
-.. _.- .·
This section applies to asphalt contained in materials for pavement structural sections and pavement ~urface treatm~nts s_uch as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic -_-emulsions,· bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 pen~ent higher or lower than the price index at the time of contract. - The California Statewide Crude Oil Price Index is determined each month on or about the last _ business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista; · - . HuntinQton Beach; and Midway Sunset fields. -
lfa company discontinues posting its prices for a field, Cal trans determines the index from the •- 'ferJ:l(3ining posted prices. Caltrans may include additional fields to determine the index. · ·· For the- California Statewide Crude Oil Price Index, go to: - http:llwww.dot.ca.gov/hq/construclcrudeoilindex/
_ ·_ ·lfthe,ac;Jju~tment is a decrease in payment, the County deducts the amount from the monthly - pfqgre~s ·payment. · - ' ~ • ·/: •• > ·.- • • -
·.---ASPHALT QUANTITIES .. .. ',-=,.,.·,,-
. . General
-_ - c -I riterpr~ttheJerm "ton" as "tonne~ for projects using metric units . . ···· ... .--:· . -···----· .. -· .. '.. ·.· .:. ·-.. . .. . ... , . -· . 't~~*·:Mi~(A$p~alt(Plii~t-~~11-QQid'N.iix . - -·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula: - . . . · Qh = HMAn'x[XS/(100 ~)<a)]_ · . , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
' - ' -
- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · - . - . . . . . . - . . . ... '.
-- Page 18 of20
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BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$phalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

Qrap = HMATT x [Xaa /(100 + Xaa)]
where:

Xaa=Xta-[(1 00-Xnew) x (Xra/1 00)]
and
. Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
· Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta =total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula · Xra = asphalt content of RAP expressed as percentage
· As.phaltic Emulsion
· The. Engineet calculates the quantity of asphalt in asphaltic emulsions, including fog . ·. seaJs andctack coat, ~sing the. following formula: ;. :I .· . '·', - . ' Qe =AETT x (Xef:100)
· W.here:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted ~sphaltic emulsior)s.total tons placed · · Xe = rf!iriim~um perCent: re~idue specified in Section 94, "Asphaltic Emulsions." ofthe · · • · Stan9,arcilc$P~~ific~tions b!=!Se~ on the type of emulsiqn used · .. , . :· . ' ', . . . · .. ,- .. : . . . ~ . . . . .. ·: · .. - ·. . . - - ' . . · :.:·Qth.~r'M~~e~,~~~ . . . . .- . .

F,or .other mat$r,ipl~ cor)taihing~agp~alt not 90vered above, the Engineer determines the quan.tity of aspfl;;~If(Qo). _ - . . · ... - . . . .. .

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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the . price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA= QtxA
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
. .
... Qt =: Sum of all quantities of asphalt-contained materials in pavement structural ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe +. Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in· the work rounded to the nearest $0.01. ·
For ~S Customary projects, use:
.. ·A= [(lullb)- 1 .05] X lbx [1 + (T /100)] for an increase in the crude oil price index exce.eding 5 percent
·A= [(lullb).;. 0.95] x lb x [1 + (T /100)] for a decrease in the crude oil price index. · ·ex~eeding 5 percent
Fpr: metric .projects, use:
.·A = 1.1 p23 x [(lu lib)- 1.05] x lb x [1 + (T /1 00)] for an increase in the cru~e . qi[pric~: index :exceeding 5 ·percent · ·
·: A= .1.1 023 ~-[(Ill lib)~ Cf95] x IQ x [1 + (T /1 00)] for a decrease in the crude oil .. price· inde)(ex9eeding_ 5 ·percent
·lu=~Califorr)la·$tatewide Crud~.QU PriceJndex for the month in which the quantity of ·. :' ' asphalfsubjectto adjustment was:placed in the work. . ' -lb¥ c·aJiforrtia~$tate..,Jiqe{Cr~aeQil 'Piice lhdex for th'e month hi Which the bid opening for ... -~- --:·tti~:p~Oi~.ct-.·o·cc~rr~-d~ :.· .. -, .· ·:_--.·· -- · _ . · - . · --·; ·. · ·- ,_ T :;: Sales ~nd·u~e t~.x·rate,·expressed as a percent, currently in effect in the tax jurisdiction ·.· . where the. rn~teti?~'!is placed, l(the tax rate in~ormation is not submitted timely, the . ·. . · .• statewide sales and use tax rate is used. in the payment ·adjustment calculations 'until the· tax .;:~te informati6·n is su6mitfeci. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... - --. ~

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1463 391

EXHIBIT C
NON•PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
·~. ·. .. . .

CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and d~mage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable~
A. Minimum Scope & Limits of Insurance

1. Commercial General Liability coverage of $1,000,000 on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury (occurrence Form CG 00 01). If a general aggregate applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 2S 03 or 25 04) or the general aggregate limit must be no Jess than . $2,000,000 ..

2. Insurance Services Office. Form Number CA 00 01 covering Automobile ·Liability, (any auto) of no Jess than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate . applies it must be no Jess than $2,000,000.
· 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability ln~urance with limit of no less than $1,000,000 per accident for bodily injury ~r' disease. . . .

B.. Specific Provisions of the Certificate

1. If any of the required insurance is. written on a claims made form, the retroactive datemustbebefore . the date of the contract or the .beginning ofthe contract work and must be rriai.nte~ined and evidence of insurance must be provided for at least three (3) years after completion of the contract work. . .

2. . CONTRACTOR must submit endorsements to the General Liability refiecting the following ~' . ." ' . . : . . . . . . . . . . . provisions: . . . . .
a. The COUNTY OF TULARE, its officers, agents, officials, employees and volu'nteers are ~Q be . cciverecl as (Jdditionalinsureds as respects: /iabi/1ty arising ou(ofwor~ or bperatiohs · .peiformed by ~r On behai/ of the Cont;actor including ~aterials,. parts, or equfp;fi{!nt .. · .. · · , ,·jurniiher;J (n.t:onn~~tio_n.wjthsL/.ch work or operation. · .· ··· · ;: ': .... ,· · .. ·'' ,'·" .... "·". ,· . -q~ .· F9r a~y clai~s r(!fqted i:o this project, the CONTRACTOR's insurance cov,erage shall be · . pti'ma,Y'frili:Jrah~e!os resp~cts the couf.rrr, its officers, agents, officials, employeesand lloluriteers. An~insiii-tznce or~elf-insurante maintained by the COUNTY, its officers, ag~nts; . ~iJ;~iti/s, 'er1,piQ~¢~sor volw1t~ers shqllbe ~xcess of the coNTRACTOR's i~surance Cifrdshaii · : noi:'cor#~l6ute V.litli.it. . .·'. . . . . . . ' .·. . . . . . . c. . ~ach irisufarlce phiicy required by thfs agreement shall provide t~at coverage ?hall ... not be canceled, e)(cept with IA!iitten notice to the COUNTY . . ·- ./· ... '~.·'' . . . . . ,. __ .. :. ; :. - d. CONTRACTOR. iu~r/by grant's to COUNTY ci waiver .of any right to s~br;ogation which qny . .. irisuretofthe'CorlrkAcfdR mi:tyacqui'r~ against the CO UNIT by ~idue of the payment t;,j . ~anylass~u~"qe/s~thl~siiriJ-n~~;: tcmiRACrOR agre~s to obtafn ariy end.~rsement thq(~ay . · be necessary tO. ajje~t this waiver o/subroiJation, but this provisionapplies regardle?s: of -Whether or n~t the COUNTY has received a 'waiver of subrogation ehd.orsement from the i~'it/ri!,r. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
- .. ' '·.'
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1464 392
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3. . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNTY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

CONTRA<;TOR waives all rights against the COUNTY and its officers; agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employers liability.

C. Deductibles and Self-Insured Retentions
Deductibles arid Self-insured retentions must be declared and any deductible_ or self-insured retention that exceeds $100,000 will be reviewed by the COUNTY Risk Manager for approval. . ..

D. Acceptabilitv of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor's rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to ~pproval by the County Risk Manager. ·
E. Verification of Coverage
Rey. 12-18
Prior to approval of this Agreement by the COUNTY, the CONTRACTOR shall file with the submitting department, certificates of insurance with original endorsements effecting coverage in a form accept?ble · to the.COUNTY. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il"'!surer. The COUNTY reserVes the right to require certified copies of all required insurance polides at any.· time.

WAIVERS:

I represent and attest that I am a person authorized to make representations on behalf of the CONTRACTOR, and repr.esent the following: · · · · · ·· ·
(MarkX if applicable)
D Automobile Exemption:! certify that does n9t own nor use ~~hides in the,· · perforni~nce ofthe agree111ent for which this insurance requirement isattached. · ~.: .· . . Wor,ke'rs' Compensation Exemption: I certify that is not required to carry· work~rs' CO~lpensation coverage or has filed an exemption with the State pfcalifornia.a~ required .~~ .. . - lacknowle.dge and represent that we have met the insurance requirements listed above.

PrintN~me VA:tti Q:J\~~ Date: ~~\~/ Z3
~"'~~e(}.K.S clhc-.- .1:}.,- Creot.. ~i>y,c..-l'*-
s.gnature ' . . . ' . . •' ·.··:·. ' .··.-· .. :·... ... . . .

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1465 393
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EXHIBIT D ··.•: ._.·:.
\ ... · .
·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ . '·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" ..·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
·_,_··.'-
--· · · -. · Ttje.ato/ctted·,~~pa~il?~~~~~i()ll·P~!Qs\lre Form. must bt!· coinpl~t~.-~Y a~p1~cafltS·JorJ (,f_'~er~ris .. · · · · .- . whQ arethe:subjecfof,-arivJ:.(~inl:iovoiVing a liCense, permit, or othet.~nfft.l~menffot ~e~:i~c~uding . .. . ::~~--.,iimftolg~theBoard otsupeM~("S!!'inf'lot~.c:oom~:#ft~~ .•... ···IMPORTANT NOTICE
~~'«~~~(~.~ ~ the~•Aifl ~~~~~~.--!_h_:_-.·_,:·: . :~ : __ ,·- 1 '·. • -":· ',. • • :~.,:.·.-... -: ....... :..·;. .,_- •; A.
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. ·.
.. Offiaaroralte'''ate:-wno:ma·:.:· 'rtid ttHif our. toci!edin :m · ·s:oliat:or:at:ce~~·acam ·· . _'_ ··- · #~~i~t§jj~~·4fT~i~t~~#;$~~~':~:~~rrns#::s.~J¥/ : ~-- <>;<;· '· •···· ::·.:·;~·:.-.'"~~ .~: :' .... -
· .. ~· .. ;:~-,~~~·~~:t::s::~~~~-~~~· .-.,. v,l)l:Uq!J'ls};.~rfd:~~net(s)_'in tlli$;pfoteedlng! AlSo inCluded are.~~i{~ aim~nieS ~n~l;s~b$\~~ary . .· • -• ·. --..,~ -"~' ~·~ ... '..,'·!"-'* ,. :; 2' ~'-, '-~ '•' ,. "''! - > Ll '': ""~ , .... ~~ "" ••• ~ ..... -~ .. : <c6mi:@N~( d!reaed.::~nd ·'co.ritr,Ot~- I:W- ·y()u, and P-OIItical'\actiOn-··Co.mm.~~, c;Jirei;,tecV,ai'ic;t -,:,:.~~~~_it~W~'V~~~/~~T):._ - ,-- . .. . - --· ,· ;_.·._.·.::'-- . '"•>···?-_- . __ , .. t~4;pn~~i!J~~~{~I.l9•~-~~~~t·<!·-~~··!ts;o:!~tl~tt1~- -' . . . . -~. ' : ' ' . . . . ' •' ·. ,'
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 r: . 1466 394
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1. .A·;.p~edlog;inVolvlng ~a_:licefi$e, permit;;or other ~titlement.fo:r os~"·. indudes ~dt~9,silless, · p~Q~{9nal;·i~t;te a.,d:iand useji~enses and permits,. and al1Qther:el1titlemerits tor~~~i iiiCI~mflg · · ~u: e.!lt~e(ne~~'for_ ~~~~ tis~, '~II contracts (othe~ .:than cp~·P~tiitv~iv: ,~id, labor:-or pel'$#~_al ·. -· ~r,ilploym~nt:~&'rl~ra$), 'an.d aU fra11chises• · ·

2. · YqiJr ~agent'' •iS ~mepne.~ho represents you in c;onnectlon With a pr«eediilg lnvoM~g ~ l!cense; . ,j:)ermi! g_r ot~~j',.~~titJ~·ent ·for• use. If an individual acting as .an ~e;it i$:·a~o _acti~ !h;~i,s or f1er · c~~<:~ ~s,aneniPki:Veeorm:emger of a lcaw. architectural, erigineer1rig, ci;ns1,Jitjng fi~,Qr similar btisine5s-efi~itY. :be)th:the bu51ness:entitV and the individual are ':''agellt.Sf Jo~; p\irpases.o_t these

3. ,.4.,
.·~r.Ui~" ; " ; . ' ' . . ' - ' •' < ,. . ' .·; '·· • - . r4determine Wllether ~ ~mpaign contribution ofmore than $2So has ~n made t;)yyou,_ . ea'n1paign :~nmi:Ji.iti~n,s.made·IJ.Y you wtthin the preceding 12 montiJS•rnust ~ ~~Cite,d W~h · · t.hbs~ ·~~CI.e ibv· Yi>~t ~'n,t ~witbin· the precedil)g __ 12 mprrths ~r th'e;· peijod: o(the. :~~!ltv:
r~~~~lbnshiR;JNbi~~tijs shQ'rt~r~ 'ContribUtions :made'by yp~r·m~jQ~lty Sh~'re.fl91d¢r':(ij;~~?~ly. ·- .· het~ cc)rp6~tit>r\), your- subContractor(s),. your joint ·ventu,rer(s); ·afld voiJr~~rt,net(s);in :tfiiS:i '· ··-~Ts;:4~=~~;::::;.~~=!tr~~~~~,·•• R~~~~q~:;~.~:e;pqtoaUi:{!~(~~·~ltl)::confrJ~,tJtiQnS to th~ firSt' Boar~~ rnei'nb.~_r b'gt~t:~·~~~~~~4 - ' · _ ~'·t9.~.1i~J::d.i~eit)bet.;o,., ~'!tat County ·officer:wh() may·~rtici~te iny9ur pi'(Jcee~fng~ ·•· · • "•. ', • ~·',_\ ' • ,• •' • •c ••::.:/~}· • z '. _" ; • • • .' "• :•: • .• • • ·' • • ., • •.; • • • ;_,,• • •; ' "•••' • •" • • • -~~;~~~ ~ft,he{pC?,~~~~~R!,rv~o~"~~mbe~ and other Co!J.nW 9ffl~J~Is ~~~~~~d .. ·/·.-·- ·:·· _.:
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1467 395
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·COUNTY Of TULARE
·. -·~MPAIGNtcONTRIBuTtON DlsCtOSURE FORM . ' .. 0 0 ', • '',~ •, ,• -~- ','' -~ .. -.-.- ' 'o •• >' ' _.., • ' ,0 0 '":: ._. • 0 •:•,• N 0 ·,- .·-
. • ~pRJication:()rSO_Ik:4at!611;~qril~n ... ,___...;.......;.,;.._~----,.--____,.__,._._,_--:-':""'"-::"'~-""'":""~~~........,.~ \ .. ppl!¢ati6n.orScllleitafion"~~e: • .... · ..;.;......... ,..,..,.... .;;..;··..:...· -'----.,..-------___;,.~-------..,..:--· ..,..;. ~····._· ·_··--~~ . -~\Al~s;a,C~IJlpatg~ contlibotiori~ regardless of.theldollar amount; made to-any. member pfttle Tular~ .ColirityiB.oarjjof $up~rvisor$ ~obtq·. any .Coi.!ntY ,Qffl~r 61) ·pr ~~r Jani.~ary l,, 2023, by t~~r appll~ii.~.:pr, if app~~ca~l~, jl'!'viof ~he · ~11l'!~pi:sR(Ol!O.·· ~iu1. ·Ctor,S:~;r.the:applicanrs~·agent.orlobbyist? · · · · ·. · · · ·· · · · · · · Yes .. _ -·--. . , . No . .
· ll:r:loi: ~ ' • • -plea~;sjgn,.~nd c • • • "•, 4~t~;~lPW• • • • ~ ' '
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ple~se.provide·thejfollowi~irjfortnation: -. ; - . • ..... ; '-- ·:·· - :""' :· . ·' ; . . • ! .. - ' . . . >A~pfi~nt:s:Name: ·;..·· ..;.....,.....-.;.~;;;:;_....;.,..,...;..;....,.,......-...,...._....;.,.. __________ ...,.....,:.,...;..;_....;.,......__..;.;._...,...~------......._ ,.· ·-~:~~::~=~!~!:~::~!t:~:?::~!.,..':.~· .--.;... ...;....__,;,....,...__.. __ ....;.,..__;_ _ __,......_-..:-.--...;....-~....;.,..~~~ '-;• ·-. .• ·:.-:. ---~ .. ·.. '':' ~ . .., --- . ., :-. .:-- ~ .. .• ·.::. ··:-1 ., ·. ,. ' . ::.,·.; '-~-- _,_, .. . "~~;!~~~~.~tiP~Pt1ch~:.~~~~¢4p~;~~~)
.J·.•··•IE!i~apnq~ro~~ Yes
Yes
Yes §. No· No .. §.·• .·
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< ·. ~~~lt.~~~~~~b@r'*qq~.Agency o-. , , , . -· · · -~~sX6.fipoot,;i~uti9_n(sJ:· . . . . _ . .. '>:">:~:;: • ~··x · · • · •. . . ' .. · ~.:~t~1~~~Wi·,·,~~i;:·~:,:~tf'~. _·,-.. '\~!-::-. ;':'~>::, .. · . '.:: · '··_. _ _.: ·"-' .. ,:_' <':.2. ':;,. -·T.· .•. ~- }!e!~"~'~~~~.~l~: ·:~~~~-fi~{~l!o~.~-~.n.*!\Y"'-qdit!onai_BOard MefiJbers or Coa,nrty,.~~ncy-,Offi¢er,-tq wtlPin--'/9U,_., · ·· · · · .. tvp~f~~~Ii! . ~-~ii<f/or:~e6t/fb~yist rriadt!f~~paign contributiQn,s} -~.: . :_
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1468 396
·-: .. ~ :. / ~' -~ ~·-.. .

ATTENTION ALL COUNTY OF TULARE

CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's · Actions in Ukraine · - · - ·
.On March .4, 2022, Governor Gavin Newsom. issued Executive Order N-6-22 (EO) regarding sanctio~s in . resp~n~e·. to Russian.- aggression in Ukraine. The EO is locat~d at ' ' . · https:Oww.w.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executlve- · order. pdf - · · ·· · · '
The Eb directs all agencies and departments ~hat are subject to the Governor's authgrity to t;:~ke · cert~in -lmm-~diate ·steps>indudingnoti~ing.au co~tractors and granteesottheir oblfga~ions to·_ · .. ·- ¢e>m:plywithexi$ting ~cb.nomic:: ~anc:tions imposed by the U.S. governmenfin respon_~et()_·R.ussiais : . · c · a~tions in ukraine, a~ weu as:anv s~·nctions imposed under stat~ law. . ... ·- -... . . :. . -- ' '. --. -. . . ' ·.. . . . . . . ~· - . - . Thi~_~orreSf'Qttd~f!:c~-s~6;~s,CI~~C!~not!c:e und~t the EOthatas a contrac~or.or gre~ntee1 <:omplicmce · With';th~ ~tb~ornjc s~r\cti6ils im~os~d in response to R~ssia s actions' jn ·_·Ukraine 'ls:.r~ciuirec;l, ·. · ... in't'l~'tJin~rvJit~ tesp~ch:o; ~~th~t nrr;ited' to, the'·federal executive ~rde'fs id~~tifi~d i~-tw~:~o-a~d . -•· •. :. the· . ~~nctions . identified on .. the U.S .... Department . of the . Treast.ny -_. __ · .. website . . • • . ct:lftps:ilt1ome. treasutY:gov tpolicv-issuestfi nan cia.l-sa nctionstsa n ctions-progra ms-a nd~countrv- · · i~fofm~tidn/Okrai~e~r{i~sla~related~s-ar\ctions). ·Failure to comply may result in the termi~~tion~of · ._..;··.-.",·: ~-·.:.::·······;- ._······· ... ·'.~--·,-:, .. ·---.-·_;.::-~ ""t • - . · •• - • · .. -.~·- .contract:~()~ gra.nts,_as ~ppli~able ... - .• ·.. .;-~. ".:. "_.'< .. ;·-. _: _:·~.,; -~--~··· .•. ; • ; ,.,_ ., . ,.·' As a_<remind.et, agreements With the County of Tulare include portions which require 'compli~n'Ce. · ' · wft·h: alllot:al; stat~; and federal laws and directives which includes Executive .Orders such~~ the . . · ··Eb:·ars~~1·~~d·h~r~~tl)~i~o 'm.·av nota·p~ly to ~r effect your agreement::with'.th~ c6u'!1.tYfPI~ase~:­ .. · r~~:th:hi.J?io·o~r depait·n,entin~brder.tbjseek Clarification should you ha\1~ any questiqns. ': . -~· .. _~:-.·.· ": •"_ 'l:"'·•': . . -,.-·~::, ·.---·~- · .... ·;:···. ;· .. - ·. . . _· .·. :·.· ·, . o..'Piea$e. notcf, th~t f6r aMy agreem~nts or grants. valued ·at $S millioh: or .more,- a ~epa~ate .. ndtitJ6atlon\vitl be·~e.nt~~tlinjl'lga.dditio,hal r~q~irehients ~pedfied u_nd~rth~ EO. : •· ·.· .. ··. ·. ' .. , -·, . . ..- .- . ·.·.·. .- . ·,· ,·· . . .. . - . . . ·.: ·'
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1469 397
Certificate Of Completion
Envelope Id: 830534C757344EC4B698F48C3B0F2073 Status: Completed Subject: 1905 - 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY Source Envelope:

Document Pages: 34 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sandra Kinzel
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
6/23/2023 10:30:47 AM
Holder: Sandra Kinzel
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
Jack Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.189.45.56
Sent: 6/23/2023 10:31:55 AM
Viewed: 6/26/2023 6:56:48 AM
Signed: 6/26/2023 6:57:25 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 6:56:48 AM
ID: 96a06945-de17-45f9-8434-26af5572da0b
Cher Castellini
[email protected]
Purchasing Manager
Carahsoft OBO County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 6/26/2023 6:57:26 AM
Viewed: 6/27/2023 5:43:37 PM
Signed: 6/27/2023 5:43:44 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
1470 398
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/23/2023 10:31:55 AM
Certified Delivered Security Checked 6/27/2023 5:43:37 PM Signing Complete Security Checked 6/27/2023 5:43:44 PM
Completed Security Checked 6/27/2023 5:43:44 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
1471 399

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0269 Agenda Date: 8/7/2023 Agenda #: 1.

Agenda Item Wording:

First Reading of Ordinance 2023-07 amending the Visalia Municipal Code Chapter 13.20, Water Conservation, to partially exempt groundwater users subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4530 Department Recommendation: It is the recommendation of staff to City Council to approve the amendment to the Visalia Municipal Code, Chapter 13.20, Water Conservation, to allow for the partial exemption from portions of Sections 13.20.060 and 13.20.070 for groundwater users subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency (MKGSA). The changes would encourage these users to enroll with the MKGSA if they have not already done so and would allow greater flexibility to manage their use than the City’s landscape irrigation provisions of Chapter 13.20 currently allow. Staff is recommending this change because it encourages a collaborative approach with the user and the MKGSA that should provide flexibility in meeting the needs of the user while still meeting the intent of Chapter 13.20.

Background Discussion:

The City of Visalia has had a longstanding dedication to the conservation of water resources. This was demonstrated in the adoption of the Water Conservation Ordinance, which outlined appropriate uses of water for City residents and commercial properties alike. As a groundwater reliant municipality, the City of Visalia has experienced significant groundwater declination since record keeping began in 1948, at an average of 10 feet below ground level. This is a stark difference from the City’s most recent recording in June, 2023. This reading reported an average groundwater elevation at 149.7.

In efforts to better manage the groundwater resource below the City, staff recommends that the Visalia Water Conservation Ordinance be changed to allow for specific irrigation exemptions for individuals or entities that are subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency (MKGSA). The exemption would apply to current restrictions on time of day in which irrigation is allowed, days in which irrigation of turf grass is permitted, and additional restrictions of certain practices such as overseeding, which is currently prohibited in Stage 2 of the water conservation ordinance. The specific exemptions will no longer hold eligible parties to sections 13.20.060.A, B, C and D, 13.20.070.A.1 and A.3, 13.20.070.B.1 and .2, 13.20.070.C.1 and C.3, and/or 13.20.070.D.1 and .2. This amendment to the Water Conservation provisions of the Visalia Municipal Code is only a specific exemption targeted for a specific and very limited type of Visalia City Council Page 1 of 2 Printed on 8/4/2023
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File #: 23-0269 Agenda Date: 8/7/2023 Agenda #: 1.
groundwater user and will not alter any previously established requirements in Chapter 13.20 for the typical Visalia water user.

Allowing large groundwater users that have their own irrigation water source to avail themselves to this proposed exemption is intended to foster a more holistic and collaborative approach to groundwater management by and between the user, the City, and the MKGSA. The GSA operates under a unified plan, facilitating integrated groundwater management, and allowing coordinated efforts among different stakeholders. By embracing this framework, the City can align its conservation strategies with broader regional goals, creating a more efficient and effective water management system. By allowing for these exemptions subject to collaboration with the user and the MKGSA, we can more accurately monitor groundwater usage within the City. At the moment, the City does not have an accurate method for measuring water consumption of large landscapes and sports fields.

These entities, often heavy water consumers, have a vested interest in maintaining sustainable water supplies. Their regulation by the GSA will encourage them to actively participate in conservation initiatives, including sharing best practices, adopting water-saving technologies, and implementing water-efficient irrigation systems. Incentivizing large groundwater users in the City to enroll in the GSA ensures that these significant water users operate under appropriate regulatory oversight. The GSA's monitoring and reporting mechanisms will help track their water usage, enabling the City to identify trends, set usage targets, and enforce regulations effectively. Such oversight ensures that these entities contribute responsibly to the city's broader water sustainability goals. Unlike a one-sizefits-all approach, the GSA framework allows for more flexibility and customized water management strategies. Each large groundwater user can develop and implement unique water-saving plans tailored to their specific needs and operations. This adaptability enables businesses and institutions, including golf courses, to adopt sustainable practices while still accommodating their operational requirements.
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Fiscal Impact:

N/A
Prior Council Action: The City of Visalia City Council lasted edited the Water Conservation Ordinance in November of 2019.

Other: N/A
Alternatives: City Council may choose to take no action on this item.

Recommended Motion (and Alternative Motions if expected):

I move to approve the first reading of Ordinance 2023-07 amending the Visalia Municipal Code Chapter 13.20, Water Conservation, to partially exempt groundwater users subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Water Conservation Ordinance, Original
Water Conservation Ordinance, Proposed
Visalia City Council Page 2 of 2 Printed on 8/4/2023
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ORDINANCE NUMBER 2023-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER

13.20 OF THE VISALIA MUNICIPAL CODE REGULATING WATER CONSERVATION

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:

A. The City of Visalia has had a longstanding dedication to the conservation of its groundwater resources, including adoption of this Chapter 13.20 – Water Conservation.

B. The City of Visalia is currently also engaged in the conservation and regulation of its groundwater resources consistent with the Sustainable Groundwater Management Act (SGMA) through its participation in the Mid-Kaweah Groundwater Sustainability Agency (MKGSA).

C. The City of Visalia finds that certain exceptions to Chapter 13.20 for large groundwater users, such as golf courses, that submit to the jurisdiction and direct regulation of the MKGSA will foster a more holistic approach to water resource management under a unified plan, facilitating integrated groundwater management, and allowing coordinated efforts among different stakeholders.

D. By allowing these limited exceptions, the City can align its conservation strategies with broader regional goals, creating a more efficient and effective water management system, and can also more accurately monitor groundwater usage within the City.

SECTION 2. The Visalia City Council hereby approves the following revision to Visalia Municipal Code Chapter 13.20, which regulates water conservation within the City of Visalia, by adding the language below in italics:

13.20.120 Exceptions.

Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:

A. Written application for exception may be granted by the City Manager or designee.

B. Exceptions may be granted if:
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1. Compliance with this chapter would cause an unnecessary and undue hardship to the Applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs;

2. Compliance with this ordinance would cause a condition affecting the health, sanitation, fire protection or safety of the applicant or the public; or

3. Compliance with this chapter would prevent the use of recycled or reclaimed water which use would conserve the City's potable water supplies.

C. Exceptions from Sections 13.20.060.A, B, C and D, 13.20.070.A.1 and A.3, 13.20.070.B.1 and B.2, 13.20.070.C.1 and C.3, and

13.20.070.D.1 and D.2, as applicable, may be granted to a non-domestic groundwater user whose use is subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency (MKGSA).

Applicants for this exception must provide sufficient documentation to demonstrate that they have successfully enrolled in all applicable groundwater regulatory programs required by the MKGSA, and are in compliance with all requirements imposed on their groundwater use by the MKGSA.

SECTION 3. The City Council intends this Ordinance to supplement, not contradict applicable state law and this Ordinance shall be construed in light of that intent.

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

SECTION 5. This Ordinance shall take effect thirty days after its adoption.

SECTION 6. the City Clerk Shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law. 406
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

Agenda Item Wording:

Public hearing and consideration of the following actions:

1. Adopt Initial Study / Mitigated Negative Declaration No. 2023-32 for Annexation No. 2022-04, Shepherds Ranch II Tentative Subdivision Map No. 5589, and Tentative Parcel Map No. 2022- 03 (Resolution No. 2023-36 required); and

2. Initiation of Proceedings for Annexation No. 2022-04, a request by D.R. Horton, to annex a

40.44-acre parcel into the City Limits of Visalia located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN: 081-030-080) (Resolution No. 2023-37 required); and

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

4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement.

Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number:

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

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

1. Adopt Initial Study / Mitigated Negative Declaration No. 2023-32 for Annexation No. 2022-04, Shepherds Ranch II Tentative Subdivision Map No. 5589, and Tentative Parcel Map No. 2022- 03; and

2. Initiate proceedings on Annexation No. 2022-04 with the Tulare County Local Agency Formation Commission (LAFCO); and

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

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

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

Visalia City Council Page 1 of 7 Printed on 8/4/2023
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File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

Summary:

Annexation No. 2022-04 is recommended by Planning Commission and staff to be submitted to LAFCO based on the finding wherein the project is consistent with General Plan Policy LU-P-21 that allows and directs development to occur in the City’s Tier II Urban Development Boundary (UDB).

The annexation is a request to annex 40 acres of land containing General Plan land use designations of Low Density Residential and Parks/Recreation to facilitate development of the Shepherds Ranch II Tentative Subdivision Map, which was conditionally approved by the Planning Commission on June 26, 2023. The annexation and tentative subdivision map have been requested by residential developer D.R. Horton.

Shepherds Ranch II Tentative Subdivision Map will subdivide 40 acres into a 200-lot single-family residential subdivision at a density of 4.94 dwelling units per acre. All lots created by the subdivision will conform to the City’s development standards required for development within the R-1-5 zone designation, including minimum lot sizes of 5,000 square feet (see Attachment 3). The subdivision includes a 2.63 acre lot (labeled as Outlot C on the tentative subdivision map) for establishment of a park and trail along the north side of the subdivision, which assists with buffering the subdivision from existing Industrial zoning and land uses to the north.

This subdivision on the annexation site is planned to be developed together with a 10-acre parcel to the east that is already located within the City limits. The 10-acre parcel received approval by the Planning Commission on August 8, 2022, for a 41-lot subdivision (Shepherds Ranch I). The two subdivisions will be built together as one cohesive development that includes an overall 3.6-acre linear park along the north property line (see Attachment 4).

Subdivision Information
The proposed single-family subdivision will be serviced by City standard (i.e., 60-foot wide) local streets with full improvements including sidewalks. The residential lots will utilize standard R-1-5 zone district lot and setback criteria, with standard lot sizes ranging between 5,000 to 6,801 square feet and knuckle lots being as large as 10,222 square feet. Ten contiguous lots within the subdivision are shown to serve as a temporary basin due to the area not having the regional basin established for this area. A regional basin will be established at a future date.

Primary access to the subdivision will be at the northeast corner of the subdivision from a local street that extends easterly to Shirk Street through the approved Shepherds Ranch I subdivision which will be developed first. Access will also come from Road 88 (i.e., Clancy Street) via a street connection within the subdivision which will be constructed in the initial phase of the Shepherds Ranch II site.

The subdivision also can accommodate a future local street connection to the south from the street that is aligned along a portion of the south property line, in conformance with the City’s Super Block Connectivity standard.

The subdivision map will include the creation of three lots that will be maintained by a Landscaping and Lighting District (LLD). Two lots will contain landscaping and block walls along Road 88 (Clancy Street) and wrap around to the street sides of two residential lots. The third lot will be the linear park that ranges from 41 to 138 feet from the north property line adjacent to the existing industrial uses.

Annexation Information
The project proponents have filed an application to initiate annexation of one parcel measuring Visalia City Council Page 2 of 7 Printed on 8/4/2023
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File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

The project proponents have filed an application to initiate annexation of one parcel measuring approximately 40 acres, including road right-of-way for the adjacent Road 88 (Clancy Street) (see Attachment No. 5). The annexation can be supported on the basis that the proposal is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s General Plan Land Use Diagram. The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by LAFCO but cannot approve a final map until after the annexation is approved and filed with the Tulare County Recorder.

Providing of City Services:

All City services will be provided to the project site upon annexation. A sewer main will be extended along Shirk Street as part of a City CIP project occurring in Fall 2023 to reach the Shepherds Ranch I development, where future connection and extension into the annexation site is anticipated. The sewer system will be sized to service both subdivisions. A sewer master plan for the entire development will be required to be submitted for approval prior to approval of any portion of the system. A stormwater main sized at 24” diameter will be installed in Road 88 (Clancy Street) per the City’s Stormwater Master Plan, which is currently being updated and is subject to change. The subdivision will be providing a temporary retention basin which will measure 1.19 acres for storm water drainage, until said time that the City’s master trunk line and regional basin for the area are constructed. The temporary basin will include full improvements to street frontages surrounding the basin.

Detachment for Service Area No. 1:

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

Annexations submitted to LAFCO require that the City include a request to detach the annexed area from the County’s service area. Though detachments were previously an automatic process conducted as part of annexations, a 2009 law change now requires Cities to explicitly request detachment. The detachment is reflected in the draft Resolution (see Attachment No. 2).

Pre-Annexation Agreement:

The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation. The agreement is included as Attachment No. 6.

City Council District:

If the annexation area is approved, the parcel will be annexed into Voting District 3 per the Council Election Voting District Map. This is reflected in the draft Resolution (see Attachment No. 2).

General Plan Consistency
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan. Specifically, the annexation will facilitate a residential subdivision development on a 40 -acre site in a manner that is consistent with residential neighborhoods in the area, and particularly, the approved Shepherds Ranch I neighborhood to the east.

The Planning Commission, during its review of the annexation and subdivision, concurred with staff’s finding that the annexation is consistent with the Visalia General Plan, specifically Land Use Policy LU-P-21 which allows for the annexation and development of residential land to occur within the Tier Visalia City Council Page 3 of 7 Printed on 8/4/2023
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File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

LU-P-21 which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s Land Use Diagram.

The Commission further found the development (i.e., subdivision) of the site to be consistent with General Plan. Land Use Policy LU-P-55 allows for residential development consistent with the Low Density Residential designation at a density range between two to ten dwelling units per gross acre.

The proposed development will be developed at a residential density of 4.94 units per acre consistent with the Low Density Residential General Plan land use designation as well as the R-1-5 zoning district. The policy states: “this designation is intended to provide for single-family subdivisions.” In fact, the proposed subdivision meets all codified standards contained in the Zoning and Subdivision Ordinances.

Also, Land Use Policy LU-P-103 addresses buffering proposed residential land uses adjacent to industrial designations. In 2022, the City Council approved General Plan Amendment No. 2021-03 which replaced 13.8 acres of Residential Very Low Density land use designation on the site with approximately 3.6 acres of Parks/Recreation and the remaining balance as Residential Low Density.

The GPA was approved on the basis that it upheld the General Plan’s vision of providing buffering and an amenity between the two uses. In lieu of the Residential Very Low Density designation which would have created parcels with larger lot depths, a linear park resulting in depths ranging between 41 feet (101 feet with inclusion of a local street) and 138 feet was created to serve as a buffer.

Roadway Improvements
Shirk Street. The Shepherds Ranch II subdivision proposed on the annexation site will not be constructed until the Shepherds Ranch I subdivision, located east of the annexation site and previously approved in 2022, is constructed. Improvements along the Shepherds Ranch I subdivision frontage include improving Shirk Street to its ultimate right-of-way design, excepting a raised median due to constrained right-of-way width south of the property towards Highway 198. It is anticipated that most of the Shepherds Ranch II traffic will be accommodated via the Shepherds Ranch I access point on Shirk Street.

Shirk Street is designated as a 110-foot wide arterial street but is currently improved with one southbound and one northbound lane with partial street frontage improvements on the east side.

A separate capital improvement project (CIP) is planned for the widening of Shirk Street to four lanes between School Avenue (1/4-mile north of State Highway 198) and Riggin Avenue. This project will include buildout of both sides of Shirk between the Shepherds Ranch I site and Goshen Avenue and will include the installation of a two-way left turn lane for the street segment adjacent to the Shepherds Ranch I subdivision allowing for full turning movements. The first phase of the CIP is installation of a sewer trunkline within Shirk Street that will begin in Fall 2023 and will take six months. The second phase of the CIP will be the widening of Shirk Street to begin immediately after the sewer work, approximately Winter 2024.

Road 88 (Clancy Street). Upon annexation of the property and the subsequent development of the property with the Shepherds Ranch II map, the developer will be required to install street improvements pertaining to Road 88.

Road 88 is a designated 84-foot wide collector street but is currently improved with unstriped asphalt that can accommodate one lane of traffic in each direction (i.e., southbound and northbound). No street frontage improvements currently exist on either side.

Improvements include improving the street to its full width on the east side, which requires an Visalia City Council Page 4 of 7 Printed on 8/4/2023
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File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

Improvements include improving the street to its full width on the east side, which requires an approximately 22-foot wide dedication. Asphalt will be installed to accommodate two 12-foot travel lanes and one 8-foot park lane. To the west of Road 88, land that is designated for future industrial development (to be constructed by others) will consist of additional asphalt paving and street frontage improvements.

The portion of Road 88 immediately north of the subdivision will require improvements by the subdivider consisting of additional pavement and transitions from the portion fronting the subdivision, to be installed with Phase 1.

Agriculture Preservation Ordinance
The 40-acre annexation site is subject to the City’s Agricultural Preservation Ordinance due to the site being in the City’s Tier II growth boundary and being designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program. The Agriculture Preservation Ordinance was approved on May 15, 2023 (the date of the second reading of the ordinance) as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”.

The purpose and intent of the Ordinance is to implement Visalia General Plan Land Use Policy LU-P34 by establishing a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to its provisions.

The developer of the project is subject to complying with the APO requirements. The Ordinance’s preserved land obligation requires utilizing a ratio of one acre of preserved land for each acre of converted land. Converted land acreage is calculated by determining the applicable project acreage less the acreage of exclusions. The Ordinance further outlines steps for preservation through acquisition of an agricultural easement, unless eligible for payment of an in-lieu fee.

The preserved land obligation is satisfied when either the approved agricultural conservation easement has been recorded or when the applicant has remitted the approved in-lieu fee to the qualified entity. Only upon fulfilling the preserved land obligation can the City allow issuance of one or more permits that directly authorize or result in disturbance to the project site.

Public Hearing & Review held by Planning Commission
The Planning Commission conducted a public hearing on June 26, 2023, to consider the annexation and requests for a tentative subdivision map and tentative parcel map on the project site. The affiliated staff report is provided as Attachment No. 9. During the public hearing, comment was only provided by the project applicant who spoke to address questions raised by the Planning Commission. There were no comments or concerns from members of the public at the meeting.

Following the public hearing, the Planning Commission, on a 5-0 vote, approved the project as proposed and recommended that the City Council initiate the annexation request.

Correspondence
Correspondence from a neighboring property owner to the south of the annexation site, expressing three concerns regarding the request for annexation, is provided as Attachment No. 7.

Fiscal Impact:

No impact to the City. Future development of the property will require the developer to pay development impact fees.

Visalia City Council Page 5 of 7 Printed on 8/4/2023
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File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

Prior Council Action:

On September 6, 2022, the City Council approved General Plan Amendment (GPA) No. 2021-03, to amend the General Plan land use designations on the subject parcel and the adjacent parcel to the east, together totaling 50 acres. The GPA resulted in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation across the north side of the parcels.

Alternatives:

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

1. Deny the Annexation; or

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

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

Recommended Motion (and Alternative Motions if expected):

I move to approve Resolution No. 2023-36, adopting Initial Study / Mitigated Negative Declaration No. 2023-32; and
I move to approve Resolution No. 2023-37, to initiate proceedings for Annexation No. 2022-04, authorize the detachment of property from County Service Area No. 1, and authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners.

Environmental Assessment Status:

An Initial Study and Mitigated Negative Declaration were prepared for the proposed project (see Attachment No. 8).

CEQA Review:

Initial Study and Mitigated Negative Declaration No. 2023-32 (see Attachment No. 8) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources: Eight (8) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to special-status wildlife species (i.e., Swainson's Hawk, San Joaquin Kit Fox, Western Burrowing Owl). Two (2) mitigation measures pertaining to Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction. One (1) mitigation measure pertaining to submittal of plans for storm water pollution and pollutant discharge to reduce impacts to Soil Erosion or the loss of topsoil at the Project site. Two (2) mitigation measures pertaining to Noise to reduce the impacts of the Project related to construction noise and existing nearby industrial uses. One (1) mitigation measure pertaining to payment of transportation impact fees to reduce impacts to Traffic at the Project site.

Attachments:

1. Resolution No. 2023-36 certifying Initial Study and Mitigated Negative Declaration No. 2023-

32. 2. Resolution No. 2023-37 initiating the Proceedings for Annexation No. 2022-04 and Detachment from County Service Area No. 1.

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File #: 23-0263 Agenda Date: 8/7/2023 Agenda #: 2.

3. Shepherds Ranch II Tentative Subdivision Map No. 5591.

4. Overall Development Plan (Shepherds Rach I and II).

5. Annexation Plan and Legal Description.

6. Pre-Annexation Agreement.

7. Correspondence.

8. Initial Study / Mitigated Negative Declaration No. 2023-32.

9. Planning Commission Staff Report.

10.General Plan Land Use Map.

11.Zoning Map.

12.Aerial Map.

13.Location Map.

Visalia City Council Page 7 of 7 Printed on 8/4/2023
powered by Legistar™413
Resolution No. 2023-__
RESOLUTION NO. 2023-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2023-32, WHICH EVALUATES ENVIRONMENTAL IMPACTS FOR ANNEXATION NO. 2022-04, SHEPHERDS RANCH II TENTATIVE SUBDIVISION MAP NO. 5589, AND TENTATIVE PARCEL MAP NO. 2022-03
WHEREAS, the project consisting of Annexation No. 2022-04, Shepherds Ranch II Tentative Subdivision Map No. 5589, and Tentative Parcel Map No. 2022-03 (hereinafter “Project”) is a request to annex a 40 acres into the City Limits of Visalia in order to facilitate the subdivision of said 40 acres into a 200-lot single-family residential subdivision. The Project is located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN:
081-030-080); and,
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on August 7, 2023; and, WHEREAS, on the basis of this Initial Study, a Mitigated Negative Declaration has been prepared for the Project pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended; and
WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project were prepared and noticed for review and comment for 20 days from June 1, 2023 to June 20, 2023; and,
WHEREAS, the City of Visalia did receive one comment on the Initial Study and Mitigation Negative Declaration, wherein City concluded that the findings and conclusions of the Initial Study / Mitigated Negative Declaration are still applicable based in the information contained in the one comment letter and that no additional conditions of approval are necessary for the project; and, WHEREAS, the City Council of the City of Visalia considered the Initial Study and Mitigated Negative Declaration and found that the Initial Study and Mitigated Negative Declaration contain and reflect the independent judgment of the City of Visalia.

NOW, THEREFORE, BE IT RESOLVED that the Initial Study and Mitigated Negative Declaration was prepared consistent with the California Environmental Quality Act (CEQA) and the City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby finds, on the basis of the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and hereby adopts Initial Study and Mitigated Negative Declaration No. 2023-32. The documents and other material which constitute the record of the proceedings upon which the decisions based are located at the office of the City Planner, 315 East Acequia Avenue, Visalia, California, 93291.
414
Resolution No. 2023-___
RESOLUTION NO. 2023-37

A RESOLUTION OF APPLICATION BY THE CITY OF VISALIA REQUESTING

THE CITY OF VISALIA TO INITIATE PROCEEDINGS FOR FILING

WITH THE TULARE COUNTY LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 2022-04 AND DETACHMENT OF PROPERTY
FROM COUNTY SERVICE AREA NO. 1, PERTAINING TO ONE PARCEL TOTALING 40.46 ACRES. THE SITE WOULD BE ZONED R-1-5 (SINGLE FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM) AND QP (QUASIPUBLIC) WHICH IS CONSISTENT WITH THE SITE’S

GENERAL PLAN LAND USE DESIGNATIONS
WHEREAS, Annexation No. 2022-04 is a proposed annexation of a total of 40.46 acres into the city limits (“Project”). The Project is located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN: 081-030-080); and WHEREAS, the City Council of the City of Visalia desires to initiate proceedings for annexation to said city of territory described on the attached legal description and map herein as Exhibit “A”; and
WHEREAS, the Council of the City of Visalia desires to annex said property to the City of Visalia for the following reasons: The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the territory proposed to be annexed is uninhabited per Government Code Section 56046; and
WHEREAS, the property proposed to be annexed is adjacent to City Limits; and WHEREAS, the territory proposed to be annexed is located in Voting District 3 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and
WHEREAS, the Council of the City of Visalia, after a ten day public notification period, held a public hearing on August 7, 2023, and found the project consistent with the General Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby makes the following findings with regard to the project:

1. That the Annexation is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 415
Resolution No. 2023-___

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

3. That the proposed Annexation, which changes 40.46 acres of County/AE-20 (Exclusive Agriculture, 20 Acre Minimum) zone to R-1-5 (Single Family Residential 5,000 square foot minimum) and QP (Quasi-Public) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

4. That the property is located within Voting District 3 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant, and that Mitigated Negative Declaration No. 2022-32 has been adopted for this project.

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

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

2. Proceedings shall be taken for this annexation proposal pursuant to Title 5, Division 3, Part 3 of the California Government Code and other relevant provisions of the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000.

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

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

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

6. Upon annexation, the territory shall be assigned to Voting District 3, and the Election District Map adopted on February 22, 2022, per Resolution No. 2022-11 shall be amended to reflect the new territory assigned to Voting District ,.

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

8. The applicant(s) shall enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The Pre-Annexation Agreement is attached herein as Exhibit “B”. The agreement is subject to approval as to form by the City Attorney and subject to clerical and form modifications as approved by the City Manager. 416
Resolution No. 2023-___
Exhibit “A” to Resolution No. 2023-
417
Resolution No. 2023-___
Exhibit “A” to Resolution No. 2023-
418
Resolution No. 2023-___
Exhibit “A” to Resolution No. 2023-
419
Resolution No. 2023-___
Exhibit “B” to Resolution No. 2023-
Pre-Annexation Agreement
420
17 18
30 31
32 33
34 27
28 29
35 38
39 40
41 42
43 36
37 44
127 126 125 124 123 122 121 120 119 118
104 105 106 107 108 109 110 111 112 113
14 15
16 21
20 19
57 69 74
70 73
50 56
63 45 46
67 47
66 48
65 49
64 53
60 51
62 52
61 54
59 55
58 171 153
170 154
169 155
168 156
167 157
166 158
165 159
151 150 149 148 147 146 145 144 143 142 141
128 129 130 131 132 133 134 135 136 137 138
196
200
199
198
197
1 2
3 4
5 6
7 8
174
175
176 160
162
164
179 178 177
180
181
182
183 173
117
114
191
192
193
194
187
184
185
186
190 189 188
172 152
68 116
139
115
161
140
71 72
163
91 102 101 100 99 95 94 93 92 103
96 195
98 97
82 90
75 83
76 84
77 85
78 86
79 87
80 88
81 89
9 10
11 12
13 22
26 25
24 23
37 PARCEL 4
PM4597
47 PM 02, T.C.R.

PARCEL 5
PM4597
47 PM 02, T.C.R.

KELSEY TRACT SUBDIV.
1 16 M 01, T.C.R. PB ANDERSON LLC
D.N. 2004-0081729
A.P.N. 081-140-003
36 FREITAS RENTALS 3 LP
D.N. 2014-0031446
A.P.N. 081-140-011
FREITAS RENTALS 3 LP
D.N. 2014-0031446
A.P.N. 081-140-012
44 SHIRK INDUSTRIAL

PARK LLC
D.N. 2014-135232
A.P.N. 081-150-012

DON G CELILLO
A.P.N. 081-150-013

ROMAN & SHELLY

BETTENCOURT
D.N. 2012-10919
A.P.N. 081-150-014

CRESERMIO P &

LAURA L ANCHETA
D.N. 2015-0035967
A.P.N. 081-150-015 TULARE COUNTY PROPERTIES INC D.N. 2005-0022681 A.P.N. 081-030-046 MERTEN KARL F D.N. 2012-0010026 A.P.N. 081-030-054 PAUL TEMMERMAN 2020-0045559 A.P.N. 081-030-055

HARRIS CLIFTON G
95-065755
A.P.N. 081-040-029

VERNON AVILA
2017-0075879
A.P.N. 081-030-019

OUTLOT C OUTLOT C

OUTLOT A

OUTLOT B

TEMPORARY
BASIN
ROAD 88 LLC
D.N. 2020-0039320
A.P.N. 081-030-036 HELEN AVENUE HELEN AVENUE

BERNARD AVENUE
BERNARD AVENUE ROAD 88SAUVEUR DRIVE

OSSES DRIVE OSSES ERNEST LANE

JOSEPH AVENUE

DRIVE BETRIENIA LANE

OSSES DRIVE PIERRE COURT PIERRE COURT MARIE COURT
N
N
421
17 18
30 31
32 33
34 27
28 29
35 38
39 40
41 42
43 36
37 44
127 126 125 124 123 122 121 120 119 118
104 105 106 107 108 109 110 111 112 113
14 15
16 21
20 19
57 69 74
70 73
50 56
63 45 46
67 47
66 48
65 49
64 53
60 51
62 52
61 54
59 55
58 171 153
170 154
169 155
168 156
167 157
166 158
165 159
151 150 149 148 147 146 145 144 143 142 141
128 129 130 131 132 133 134 135 136 137 138
196
200
199
198
197
1 2
3 4
5 6
7 8
174
175
176 160
162
164
179 178 177
180
181
182
183 173
117
114
191
192
193
194
187
184
185
186
190 189 188
172 152
68 116
139
115
161
140
71 72
163
91 102 101 100 99 95 94 93 92
103 96 195
98 97
82 90
75 83
76 84
77 85
78 86
79 87
80 88
81 89
9 10
11 12
13 22
26 25
24 23

OUTLOT C OUTLOT C

OUTLOT A

OUTLOT B
38 5
6 7 17
2 3
4 9 10 16 8 11 12 13 14 15
1 33 34 35 36 37 39 40 41
21 32 31 30 29 28 27 26 25 24
20 22
18 19

TEMPORARY
BASIN

HELEN AVENUE HELEN AVENUE

BERNARD AVENUE
BERNARD AVENUE ROAD 88 SAUVEUR DRIVE

OSSES DRIVE

OSSES ERNEST LANE

JOSEPH AVENUE SHIRK ROAD

ALLEN AVENUE

GROVE AVENUE STREET B STREET A

DRIVE BETRIENIA LANE

OSSES DRIVE

OUTLOT B
23 OUTLOT A PIERRE COURT PIERRE COURT MARIE COURT
N
422

L:\Projects\2021\210315\ACAD\Legals\Annexation\2022-06-14_210315-Annexation Legal.docx City of Visalia
Annexation No. ___
ANNEXATION TO THE CITY OF VISALIA AND DETACHMENT FROM TULARE COUNTY SERVICE AREA #__ Description for Annexation
That portion of the Northeast Quarter of Section 28, Township 18 South, Range 24 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, more particularly described as follows:

COMMENCING at the East Quarter corner of above said Section 28, as shown on the map filed in Book 20 of Parcel Maps, at Page 9, Tulare County Records; thence, along the east line of said Section 28, North 00°09’28” East, a distance of 329.81 feet, more or less; thence, parallel with the south line of the Northeast Quarter of said Section 28, said parallel line also being the south line of Parcel 2 shown on above said parcel map, South 89°58’18” West, a distance of 879.93 feet, more or less, to the southwest corner of said Parcel 2 and the TRUE POINT OF BEGINNING; thence, C1) continuing southerly along said course, South 89°58’18” West, a distance of 1760.26 feet, more or less, to the point of intersection with the west line of the Northeast Quarter of said Section 28; thence,
C2) northerly along said west line, North 00°05’16” East, a distance of 997.78 feet, more or less, to the southwest corner of Lot 36 of Kelsey Tract No. 1 as shown on the map filed in Book 16 of Maps, at Page 4, Tulare County Records, said point also being a point on the existing City Limit line; thence,
C3) easterly along the south line of Lots 36, 35 and 34 of said Kelsey Tract No. 1 and the City Limit line, North 89°46’20” East , a distance of 1761.50 feet, more or less, to the point of intersection with the northerly prolongation of the west line of Parcel 1 as shown on the map filed in Book 20 of Parcel Maps, at Page 9, Tulare County Records, said point also being a point on the existing City Limit line; thence,
C4) southerly along said west line and City Limit line and the west line of Parcel 2 shown on above said parcel map, South 00°09’28” West, a distance of 1003.91 feet, more or less, to the TRUE POINT OF BEGINNING.

Containing 40.46 acres, more or less.
7/12/2023
423

KELSEY TRACT
NO. 1
16 M 04, T.C.R.
36 ROAD 88 ROAD 88, LLC
D.N.2022-0000663
A.P.N. 081-030-080

40.46 ACRES SHIRK ROAD (ROAD 92) PARCEL 1
PM 1908
20 PM 09, T.C.R.

PARCEL 2
PM 1908
20 PM 09, T.C.R.
35 34
Ó
N
LEGEND
NOTE:

N

PERSHING AVENUE

WEST GROVE AVENUE

WEST NICHOLAS COURT

WEST HURLEY AVENUE
WEST GOSHEN AVENUE ROAD 88 ROAD 92
7/12/2023
424
Ó

ADJACENT PROPERTY OWNERS

ASSESSOR PARCEL NUMBERS
425
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EXHIBIT
Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this _____ day of ______________, by and among the City of Visalia, a charter law city (“City’) and Road 88 LLC, (hereinafter “Owner”):

RECITALS
WHEREAS, Owners are the record owners of the property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and
WHEREAS, Owner desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single-family Residential) and Q-P (Quasi-Public) which would permit the Property to be used for Low Density Residential and Parks/Recreation land uses in accordance with the General Plan; and WHEREAS, the Property consists of approximately 40.46 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and for the legal subdivision of the lot, as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on August 7, 2023, initiated proceedings to annex the Property; and
WHEREAS, in certain annexation proceedings Williamson Act issues arise which require indemnification of LAFCO, in said event, City requires indemnification from Developer; and
WHEREAS, finding __ of Resolution No. 2023-___ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and
WHEREAS, Owner acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of 426
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the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

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

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

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

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

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

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

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

A. Water Acquisition Policy: Although City’s current water service provider, California Water Service, continues to issue will-serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem. Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water 427
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available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water Conservation District and it has adopted a policy, as set forth in Chapter

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

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

Owner agrees that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes 428
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of limitation related thereto), Owner will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $427 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more final subdivision maps covering the Property and, in the event Owner applies to City for its approval of multiple final maps covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each final subdivision map, with payment to be made on a per map basis upon City’s issuance of each final subdivision map covering the Property. Owner’s satisfaction of its obligations under this Section II(B) will satisfy any and all of Owner’s obligations related to and arising under the General Plan Maintenance Fee.

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

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

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

IV. DEFAULT, REMEDIES AND ENFORCEMENT
In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, the other party may exercise any rights available at law or in equity, including an action for specific performance or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or cancelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.

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

VI. MISCELLANEOUS
a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.
b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement.
d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owner, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King Avenue
Visalia, CA 93291
To Owner: Road 88 LLC
_______________________
_______________________
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Or such other address as the parties may from time to time designate by giving notice as required hereunder.
e. Entire Agreement. This Agreement represents the entire agreement between the City and Owner as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement.
j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party 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 reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
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n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owner and that Owner is not an agent of City. City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owner joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

CITY
Date: ____________ By: _________________________________ Leslie Caviglia, City Manager
Attest:

Date: ____________ By: _________________________________ Michelle Nicholson, City Clerk
Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson,
City Attorney
OWNER
Date: ____________ By: ________________________________ Road 88 LLC
433
From: Clifton Harris <[email protected]>
Sent: Tuesday, July 25, 2023 1:45 PM
To: Michelle Nicholson <[email protected]> Subject: City Council Meeting on 8/7/23
Dear City Council,
My name is Cliff Harris. I live at 527 N. Shirk Rd. and am a receiptient of your mailing re. annexation #2022-04. My property lies on the southern border of the proposed annexation. I would like to bring the following items to the council’s attention.

One, the proposed addition to the city will markedly effect the traffic on Shirk Rd., and particularly the quality of life of those of us who already live on Shirk Rd. There are two bottlenecks to flow of traffic on Shirk Rd.. One is exactly East of the proposed addition and should require the widening of Shirk to the boundaries already easily identifiable if one drives on Shirk. I believe this property is already owned by the developer as it was included in the earlier proposal for annexation into the city but does not seem to be included this time.

The second is one which personally affects me. When ground preparation and construction begin, there will be a mass exodus of ground squirrels from the above property onto mine and the property of my neighbor to the West. This has happened before when the property South of me and to the East of me across Shirk were developed/converted to farm use. This caused considerable damage to my property and work on my part to deal with the situation.

The developer should be required to exterminate the ground squirrels on the property he plans to develop before he is allowed to begin building.

Third, the council may not be aware of the fact there was a ground water contamination remediation in the not-so-recent past. The last several yearly ground water analyses have been clear, but monitoring is a yearly on-going requirement from a previous legal action and may require the maintainance of a well which is likely within the area to be developed, but I do not know it’s precise location.

If I can be of any further assistance please do not hesitate to contact me through this email address or the postal service.

Clifton G. Harris III MD FACS
Sent from Mail for Windows
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INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION

SHEPHERDS RANCH PROJECT
MARCH 2023
435

INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION

SHEPHERDS RANCH PROJECT
Prepared for:

City of Visalia
Visalia Planning and Zoning Department
315 East Acequia Avenue
Visalia, Ca 93291
Contact Person: Brandon Smith, AICP
Phone: (559) 716-4636
Consultant :
5080 California Avenue, Suite 220
Bakersfield, CA 93309
Contact: Jaymie Brauer
Phone: (661) 616-2600
March 2023
© Copyright by Quad Knopf, Inc.

Unauthorized use prohibited.

Project #210315
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Table of Contents
Mitigated Negative Declaration ................................................................................................................. 1 SECTION 1 - Introduction ........................................................................................................................ 1-1

1.1 - Overview ....................................................................................................................................................1-1

1.2 - California Environmental Quality Act.............................................................................................1-1

1.3 - Impact Terminology...............................................................................................................................1-1

1.4 - Document Organization and Contents............................................................................................1-2

1.5 - Incorporated by Reference..................................................................................................................1-2 SECTION 2 - Project Description ........................................................................................................... 2-1

2.1 - Introduction ..............................................................................................................................................2-1

2.2 - Project Location.......................................................................................................................................2-1

2.3 - Surrounding Land Uses ........................................................................................................................2-1

2.4 - Proposed Project.....................................................................................................................................2-1 SECTION 3 - Initial Study ......................................................................................................................... 3-1

3.1 - Environmental Checklist......................................................................................................................3-1

3.2 - Environmental Factors Potentially Affected ................................................................................3-4

3.3 - Determination ..........................................................................................................................................3-4

3.4 - Evaluation of Environmental Impacts ............................................................................................3-6

3.4.1 - Aesthetics .................................................................................................................................3-8

3.4.2 - Agriculture and Forestry Resources...........................................................................3-12

3.4.3 - Air Quality .............................................................................................................................3-17

3.4.4 - Biological Resources .........................................................................................................3-24

3.4.5 - Cultural Resources.............................................................................................................3-35

3.4.6 - Energy.....................................................................................................................................3-39

3.4.7 - Geology and Soils................................................................................................................3-41

3.4.8 - Greenhouse Gas Emissions.............................................................................................3-49

3.4.9 - Hazards and Hazardous Materials...............................................................................3-52

3.4.10 - Hydrology and Water Quality.....................................................................................3-58

3.4.11 - Land Use and Planning..................................................................................................3-66

3.4.12 - Mineral Resources...........................................................................................................3-68

3.4.13 - Noise.....................................................................................................................................3-70

3.4.14 - Population and Housing................................................................................................3-76

3.4.15 - Public Services..................................................................................................................3-78

3.4.16 - Recreation ..........................................................................................................................3-83

3.4.17 - Transportation and Traffic ..........................................................................................3-85

3.4.18 - Tribal Cultural Resources.............................................................................................3-92

3.4.19 - Utilities and Service Systems ......................................................................................3-95 437
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3.4.20 - Wildfire............................................................................................................................. 3-100

3.4.21 - Mandatory Findings of Significance ...................................................................... 3-103 SECTION 4 - List of Preparers ................................................................................................................ 4-1

4.1 - Lead Agency ..............................................................................................................................................4-1

4.2 - QK Inc...........................................................................................................................................................4-1 SECTION 5 - Bibliography ....................................................................................................................... 5-1 List of Appendices
Appendix A Mitigation Monitoring and Reporting Program
Appendix B Air Quality & Greenhouse Gas Impact Assessment Appendix C Biological Assessment
Appendix D Cultural Resources Technical Memorandum
Appendix E Noise Study
Appendix F Traffic Impact Study
List of Figures
Figure 2-1 Regional Location .......................................................................................................................2-3 Figure 2-2 Project Location...........................................................................................................................2-4 List of Tables
Table 3.4.3-1 SJVAPCD Air Quality Thresholds of Significance....................................................3-20 Table 3.4.3-2 Project Construction Emissions....................................................................................3-21 Table 3.4.3-3 Project Operational Emissions (tons/year).............................................................3-21 Table 3.4.3-4 Screening Levels for Potential Odor Sources...........................................................3-23 Table 3.4.8-1 Project Operational Greenhouse Gas Emissions ....................................................3-49 Table 3.4.13-1 Construction Equipment Reference and Projected Noise Levels..................3-71 Table 3.4.13-2 Vibration Source Levels for Construction Equipment and Projected Levels at 30 Feet................................................................................................................................................................3-74 Table 3.4.17-1 Project Estimated Trips.................................................................................................3-87 Table 3.4.17-2 Intersection Operations ................................................................................................3-87 Table 3.4.17-3 20-Year Horizon Equitable Share Responsibility................................................3-89 438
Mitigated Negative Declaration

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MITIGATED NEGATIVE DECLARATION
As Lead Agency under the California Environmental Quality Act (CEQA), the City of Visalia reviewed the Project described below to determine whether it could have a significant effect on the environment because of its development. In accordance with CEQA Guidelines Section 15382, “[s]ignificant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.

Project Name
Shepherds Ranch
Project Location
The Project is located approximately ¼ mile south of the intersection of North Shirk Street and West Goshen Avenue, Visalia, California.

Project Description
The Project would develop a total of 241 single-family homes and a 3.05-acre linear park on a combined 50.3 acres. The Project has two components called Shepherds Ranch I and Shepherds Ranch II.

Shepherds Ranch I (APN 081-030-46) includes 10.31 acres of undeveloped land located inside the current Visalia city limits on the west side of Shirk Street in the western portion of the City. The site is surrounded by developed light industrial properties to the north, with rural residential homes land to the east and south. This component includes 41 homes.

The Shepherds Ranch II site is to the west of the Shepherds Ranch I site.

The following discretionary actions are required for the proposed Shepherds Ranch I development:
• General Plan Amendment (GPA) - Residential Very Low Density (VLDR) to Residential Low Density (LDR).
• Change of Zone – from R-1-20 to R-1-5.
• Tentative Subdivision Map.
• Right-of-way dedication and street improvements for North Shirk Street and Road 88.

Construction will be in a single phase and is anticipated start in October 2023 and take one year to build out all homes.

Shepherds Ranch II (APN 081-030-36) is 40 acres in size and is located outside the city limits but within the City of Visalia’s sphere of influence on the east side of Road 88, located 439
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approximately ¼ mile south of the intersection of North Shirk Street and West Goshen Avenue, Visalia, California. Shepherds Ranch II is outside the City limits and within unincorporated Tulare County.

The proposed park strip will also be designated as Parks/recreation and zoned as QuasiPublic. Since the parks span both Project components, it will be included in the rezoning of Shepherds Ranch I and included in the pre-zone of Shepherds Ranch II.

The following discretionary actions are required for the proposed development:
• Annexation into the City of Visalia.
• General Plan Amendment – Residential Very Low Density to Residential Low Density. • Tentative Subdivision Map.
• Tentative Parcel Map.
• Right-of-way dedication and street improvements for Shirk Street and Road 88.

Construction will be in three phases and is anticipated to start in May 2023 and take two years to build out all homes.

For the analysis throughout this document, the Project refers to both Shepherds Ranch I and Shepherds Ranch II unless the component is specifically called out as such.

Mailing Address and Phone Number of Contact Person
Brandon Smith, AICP- Planner
Visalia Planning and Zoning Department
315 East Acequia Avenue
Visalia, CA 93291
(559) 713-4636
Email: [email protected]
Findings
As Lead Agency, the City of Visalia finds that the Project will not have a significant effect on the environment. The Environmental Checklist (CEQA Guidelines Appendix G) or Initial Study (IS) (see Section 3 - Environmental Checklist) identified one or more potentially significant effects on the environment, but revisions to the Project have been made before the release of this Mitigated Negative Declaration (MND), or mitigation measures would be implemented that reduce all potentially significant impacts to less than significant levels. The Lead Agency further finds that there is no substantial evidence that this Project would have a significant effect on the environment.
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Mitigation Measures Included in the Project to Avoid Potentially Significant Effects
AG - 1: Prior to the issuance of grading or building permits, the Project proponent shall mitigate impacts for loss of Prime Farmland and Farmland of Statewide Importance on the Project site at a 1:1 ratio. The Project proponent shall implement one or more of the following measures to mitigate the loss: Payment of In-Lieu Fees, Mitigation Banks, Fee Title Acquisition, Conservation Easements, and/or Land Use Regulation on land(s)within the Southern San Joaquin Valley of California, specifically within Kern County, Tulare County, Kings County, Fresno County, or Madera County. The City shall require, at a minimum:
evidence that the preserved land has adequate water supply, agricultural zoning, evidence of land encumbrance documentation, documentation that the easement/regulations are permanent and monitored, and documentation that the mitigation strategy is appropriately endowed. This mitigation shall be verified by the City prior to issuance of grading or building permits. Should the City of Visalia develop an Agricultural Mitigation Program before future construction within the Project begins, the Project proponent shall mitigate for the loss of agricultural land pursuant to the Program that is adopted by the City.

BIO-1: Within 14 days prior to the start of Project ground-disturbing activities, a pre-activity survey with a 500-foot buffer, where land access is permitted, shall be conducted by a qualified biologist knowledgeable in the identification of these species and approved by the California Department of Fish and Wildlife (CDFW). If dens/burrows that could support any of these species are discovered during the pre-activity survey, the avoidance buffers outlined below shall be established. No work shall occur within these buffers unless the biologist approves and monitors the activity. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

Burrowing Owl (active burrows)
• Non-breeding season: September 1 – January 31 – 160 feet • Breeding season: February 1 – August 31 – 250 feet
American Badger/SJKF
• Potential or Atypical den – 50 feet
• Known den – 100 feet
• Natal Den –Contact CDFW for consultation
BIO-2: A qualified biologist shall remain on-call throughout the construction phase if a burrowing owl, American badger, or San Joaquin kit fox occurs on the site during construction. If one of these species occurs on-site, the biologist shall be contacted immediately to determine whether biological monitoring or the implementation of avoidance buffers may be warranted.

BIO-3: The following avoidance and minimization measures shall be implemented during all phases of the Project to reduce the potential for impact from the Project. They are modified 441
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from the U.S. Fish and Wildlife Service (USFWS) Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance. a. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from the construction or Project Site.
b. Construction-related vehicle traffic shall be restricted to established roads and predetermined ingress and egress corridors, staging, and parking areas. Vehicle speeds shall not exceed 20 miles per hour (mph) within the Project Site. c. To prevent inadvertent entrapment of kit fox or other animals during construction, the contractor shall cover all excavated, steep-walled holes or trenches more than two feet deep at the close of each workday with plywood or similar materials. If holes or trenches cannot be covered, one or more escape ramps constructed of earthen fill or wooden planks shall be installed in the trench. Before such holes or trenches are filled, the contractor shall thoroughly inspect them for entrapped animals. All construction-related pipes, culverts, or similar structures with a diameter of four inches or greater that are stored on the Project Site shall be thoroughly inspected for wildlife before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If at any time an entrapped or injured kit fox is discovered, work in the immediate area shall be temporarily halted, and USFWS and California Department of Fish and Wildlife (CDFW) shall be consulted.
d. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipes and become trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS and CDFW have been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once to remove it from the path of construction activity until the fox has escaped.
e. No pets, such as dogs or cats, shall be permitted on the Project Sites to prevent harassment, mortality of kit foxes, or destruction of dens. f. Use of anti-coagulant rodenticides and herbicides in Project Sites shall be restricted.

This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe labels and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other State and Federal legislation, as well as additional Project-related restrictions deemed necessary by the USFWS and CDFW. If rodent control must be conducted, zinc phosphide shall be used because of the proven lower risk to kit foxes.
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g. A representative shall be appointed by the Project proponent, who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped kit fox. The representative shall be identified during the employee education program, and their name and telephone number shall be provided to the USFWS.
h. The Sacramento Fish and Wildlife Office of USFWS and CDFW shall be notified in writing within three working days of the accidental death or injury to an SJKF during Project-related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, at the addresses and telephone numbers below. The CDFW contact can be reached at (559) 243-4014 and [email protected].
i. All sightings of the SJKF shall be reported to the California Natural Diversity Database (CNDDB). A copy of the reporting form and a topographic map clearly marked with the location of where the kit fox was observed shall also be provided to the Service at the address below.
j. Any Project-related information required by the USFWS or questions concerning the above conditions or their implementation may be directed in writing to the U.S. Fish and Wildlife Service at Endangered Species Division, 2800 Cottage Way, Suite W 2605, Sacramento, California 95825-1846, phone: (916) 414-6620 or (916) 414- 6600.
k. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-4: If Project construction activities occur during the Swainson’s hawk nesting season (February 15 to August 31), pre-construction activity surveys shall be conducted over the Project area and within 0.5-mile for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, Swainson’s Hawk Technical Advisory Committee. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-5: If an active Swainson’s hawk nest is discovered at any time within 0.5-mile of active construction, a qualified biologist shall complete an assessment of the potential for current construction activities to impact the nest. The assessment would consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to the construction activities of this Project. Based on this assessment, the biologist will determine if construction activities can proceed and the level of nest monitoring required. Construction activities shall not occur within 500 feet of an active nest but depending upon conditions at the site, this distance may be reduced. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson’s hawks 443
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may be required. The qualified biologist shall have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may need to increase depending on the sensitivity of the nesting Swainson’s hawk to disturbances and at the discretion of the qualified biologist.

BIO-6: If Project construction activities are initiated during the nesting season (February 1 to September 15), a pre-activity nesting bird survey shall be conducted within 14 days prior to the start of construction. The surveys shall encompass the Project footprint and accessible areas or land visible from accessible areas within a 250-foot buffer for songbirds and a 500- foot buffer for raptors. If no active nests are found, no further action is required. However, existing nests may become active, and new nests may be built at any time prior to and throughout the nesting season, including when construction activities are in progress.

If active nests are found during the survey or at any time during construction of the Project, an avoidance buffer ranging from 50 feet to 500 feet may be required, with the avoidance buffer from any specific nest being determined by a qualified biologist. The avoidance buffer will remain in place until the biologist has determined that the young are no longer reliant on the adults or the nest, or if breeding attempts have otherwise been unsuccessful. Work may occur within the avoidance buffer under the approval and guidance of the biologist, but full-time monitoring may be required. The biologist shall have the ability to stop construction if nesting adults show any sign of distress. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-7: Within 14 days prior to the start of ground disturbance activities, a pre-activity survey shall be conducted by a qualified biologist knowledgeable in the identification of all specialstatus plant and wildlife species with the potential to occur in the vicinity of the Project. All suitable burrows that could support special-status kangaroo rats, Tulare grasshopper mouse, or other special-status wildlife species shall be avoided during construction in accordance with BIO-5 and BIO-6 unless verification surveys have indicated that the species are not present. Consultation with the USFWS and CDFW may be required if listed or fully protected species are detected during the survey. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-8: Prior to the initiation of construction activities, all construction personnel shall attend a Worker Environmental Awareness Training program developed by a qualified biologist.

Any personnel associated with the construction that did not attend the initial training shall be trained by the authorized biologist prior to working on the project site. Any employee responsible for the operations and maintenance or decommissioning of the project facilities shall also attend the Worker Environmental Awareness Training program prior to starting work on the project and on an annual basis. The Program shall be developed and presented by the project qualified biologist(s) or designee approved by the qualified biologist(s). The program shall include information on the life histories of special-status species with the potential to occur on the Project, their legal status, course of action should these species be encountered on-site, and avoidance and minimization measures to protect these species. It shall include the components described below:
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a. Information on the life history and identification of special-status species that may occur or that may be affected by Project activities. The program shall also discuss the legal protection status of each such species, the definition of “take” under the Federal Endangered Species Act and California Endangered Species Act, measures the Project proponent/operator shall implement to protect the species, reporting requirements, specific measures for workers to avoid take of special-status plant and wildlife species, and penalties for violation of the requirements outlined in the California Environmental Quality Act mitigation measures and agency permit requirements. b. An acknowledgment form signed by each worker indicating that the Worker Environmental Awareness Training and Education Program has been completed shall be kept on file at the construction site. A copy of the acknowledgment form shall be submitted to the lead agency as evidence of compliance. c. A copy of the training transcript and/or training video, as well as a list of the names of all personnel who attended the Worker Environmental Awareness Training and Education Program, and signed acknowledgment forms, shall be submitted to the City of Tulare Planning Department.
d. A copy of the training transcript, training video, or informational binder for specific procedures shall be kept available for all personnel to review and be familiar with, as necessary.
e. A sticker shall be placed on hard hats indicating that the worker has completed the Worker Environmental Awareness Training and Education Program. Construction workers shall not be permitted to operate equipment within the construction areas unless they have attended the Worker Environmental Awareness Training and Education Program and are wearing hard hats with the required sticker.

The construction crews and contractor(s) shall be responsible for preventing unauthorized impacts from project activities to sensitive biological resources that are outside the areas defined as subject to impacts by Project permits. Unauthorized impacts may result in project stoppage, and/or fines depending on the impact and coordination with the California Department of Fish and Wildlife and/or U.S. Fish and Wildlife Service.

CUL-1: If prehistoric or historic-era cultural materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a qualified archaeologist can evaluate the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the qualified archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from Project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation. Implementation of the mitigation measure below would ensure that the proposed Project would not cause a substantial adverse change in the significance of a historical resource. 445
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CUL-2: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of a discovery of human remains, at the direction of the county coroner.

GEO-1: Prior to issuing of grading or building permits, if required, (a) the Project applicant shall submit to the Lead Agency (1) the approved Storm Water Pollution Prevention Plan (SWPPP) and (2) the Notice of Intent (NOI) to comply with the General National Pollutant Discharge Elimination System (NPDES) from the Central Valley Regional Water Quality Control Board. The requirements of the SWPPP and NPDES shall be incorporated into design specifications and construction contracts. Recommended best management practices for the construction phase may include the following:
• Stockpiling and disposing of demolition debris, concrete, and soil properly. • Protecting existing storm drain inlets and stabilizing disturbed areas. • Implementing erosion controls.
• Properly managing construction materials.
• Managing waste, aggressively controlling litter, and implementing sediment controls.

Evidence of the approved SWPPP shall be submitted to the Lead Agency.

GEO-2: Prior to any ground-disturbing activities, the Project owner shall develop and implement a Paleontological Worker Education and Awareness Program. If paleontological resources are discovered during ground-disturbing activities (e.g., during Project construction or decommissioning), all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until a qualified professional paleontologist (meeting the standards of the Society of Vertebrate Paleontology [SVP]) can assess the nature and importance of the find. Based on the scientific value or uniqueness of the find, the paleontologist may record the find and allow work to continue or recommend salvage and recovery of the fossil. The paleontologist may also propose modifications to the stop-work radius based on the nature of the find, site geology, and the activities occurring on the site. If treatment and salvage are required, recommendations will be consistent with the Society of Vertebrate Paleontology standards that are current as of the discovery and with currently accepted scientific practice.

NSE-1: The Project developer or contractor shall continuously comply with the following measures throughout construction activities:
a. Pursuant to Visalia Municipal Code Section 8.36.050(C), the operation of construction equipment, including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment shall not be operated on the project site between 446
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the weekday hours of 7:00 p.m. and 6:00 a.m., and between the weekend hours of 7:00 p.m. and 9:00 a.m.
b. All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition.
c. All mobile or fixed noise-producing equipment used on the project site that is regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project construction activity. d. Electrically powered equipment shall be used instead of pneumatic or internal combustion-powered equipment, where feasible.
e. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors. f. Project area and site access road speed limits shall be established and enforced during the construction period.
g. Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.

NSE-2: Prior to final map recordation, the Developer shall record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the Project site.

The covenant will ensure future residential property owners are notified of the potential noise impacts as follows:
“Property owner(s) of lots within the Shepherds Ranch I/ Shepherds Ranch IIProject are hereby notified that noise levels from adjacent industrial operations may exceed the City of Visalia 2030 General Plan and Municipal Code daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, respectively.” TRA-1: Prior to the issuance of building permits, the developer shall pay citywide impact fees in the amount of $1,502,635 for of the following intersections improvements and citywide improvements:
a. Shirk Street at SR 198 EB Ramps:
5-Year With Project and 10-Year With and Without Project Horizon scenarios:
• Installation of traffic signal
20-Year With and Without Project Horizon scenarios:
• Install traffic signal
• Widen the eastbound approach to 1 left turn lane, 1 left-through lane, and 1 right turn lane (adding 1 left turn lane)
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b. Shirk Street at SR 198 WB Ramps
Opening Year With and Without Project, 5-Year With and Without Project, and 10- Year Without Project Horizon scenarios:
• Installation of traffic signal
10-Year With Project and 20-Year With and Without Project Horizon scenarios:
• Intall traffic signal
• Widen the westbound approach to 1 left-through lane and 2 right turn lanes (adding 1 right turn lane)
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Introduction

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SECTION 1 - INTRODUCTION

1.1 - Overview
The Project is summarized as the subdivision and development of 241 single-family residences and a 3.05-acre linear park on approximately 50 acres, located approximately ¼ mile south of the intersection of North Shirk Street and West Goshen Avenue, Visalia, California.

1.2 - California Environmental Quality Act
The City of Visalia is the Lead Agency for this Project pursuant to the CEQA Guidelines (Public Resources Code Section 15000 et seq.). The Environmental Checklist (CEQA Guidelines Appendix G) or Initial Study (IS) (see Section 3 – Initial Study) provides analysis that examines the potential environmental effects of the construction and operation of the Project. Section 15063 of the CEQA Guidelines requires the Lead Agency to prepare an IS to determine whether a discretionary project will have a significant effect on the environment.

A Mitigated Negative Declaration (MND) is appropriate when an IS has been prepared, and a determination can be made that no significant environmental effects will occur because revisions to the Project have been made or mitigation measures will be implemented that reduce all potentially significant impacts to less than significant levels. The content of an MND is the same as a Negative Declaration, with the addition of identified mitigation measures and a Mitigation Monitoring and Reporting Program (MMRP) (see Appendix A – Mitigation Monitoring and Reporting Program).

Based on the IS, the Lead Agency has determined that the environmental review for the proposed application can be completed with an MND.

1.3 - Impact Terminology
The following terminology is used to describe the level of significance of impacts. • A finding of “no impact” is appropriate if the analysis concludes that the Project would not affect a topic area in any way.
• An impact is considered “less than significant” if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. • An impact is considered “less than significant with mitigation incorporated” if the analysis concludes that it would cause no substantial adverse change to the environment with the inclusion of environmental commitments that have been agreed to by the applicant.
• An impact is considered “potentially significant” if the analysis concludes that it could have a substantial adverse effect on the environment.
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1.4 - Document Organization and Contents
The content and format of this IS/MND is designed to meet the requirements of CEQA. The report contains the following sections:
• Section 1 – Introduction: This section provides an overview of CEQA requirements, intended uses of the IS/MND, document organization, and a list of regulations that have been incorporated by reference.
• Section 2– Project Description: This section describes the Project and provides data on the site’s location.
• Section 3 – Environmental Checklist: This chapter contains the evaluation of 21 different environmental resource factors contained in Appendix G of the CEQA Guidelines. Each environmental resource factor is analyzed to determine whether the proposed Project would have an impact. One of four findings is made, which include:
no impact, less than significant impact, less than significant with mitigation, or significant and unavoidable. If the evaluation results in a finding of significant and unavoidable for any of the 21 environmental resource factors, then an Environmental Impact Report will be required.
• Section 4 – List of Preparers: This chapter identifies the individuals who prepared the IS/MND.
• Section 5 – Bibliography: This chapter contains a full list of references that were used in the preparation of this IS/MND.
• Appendix A – Mitigation Monitoring and Reporting Program: This appendix contains the Mitigation Monitoring and Reporting Program.

1.5 - Incorporated by Reference
The following documents and/or regulations are incorporated into this IS/MND by reference:
• City of Visalia 2030 General Plan Update (2014)
• Tulare County General Plan 2030 (2021)
• City of Visalia 2020-2023 Adopted Housing Element (2019) • Visalia City Improvement Standards (Updated Improvement Standard Implementation 2016)
• Visalia Airport Master Plan (1971)
• Visalia City Improvement Standards (Updated Improvement Standard Implementation 2016)
• Tulare County Comprehensive Airport Land Use Plan (2012) • Mid-Kaweah GSA Groundwater Sustainability Plan (2019) • Tulare County Association of Governments (TCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)
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SECTION 2 - PROJECT DESCRIPTION

2.1 - Introduction
The Project is summarized as the subdivision and development of 241 single-family residences and a 3.05-acre linear park on approximately 50 acres, located approximately ¼ mile south of the intersection of North Shirk Street and West Goshen Avenue, Visalia, California.

2.2 - Project Location
The Project is located approximately ¼ mile south of the intersection of North Shirk Street and West Goshen Avenue, Visalia (Figures 2-1 and 2-2). The Project is within Section 28, Township 18S, Range 24E, Mount Diablo Base and Meridian.

2.3 - Surrounding Land Uses
The Project site is bounded by light industrial development to the north, North Shirk Street and residential development to the east, an unnamed dirt road, residential, orchards, and fallow agriculture with non-native grassland to the south, and Road 88 and fallow agriculture to the west.

2.4 - Proposed Project
The Project would develop a total of 241 single-family homes and a 3.05-acre linear park on a combined 50.3 acres. The Project has two components called Shepherds Ranch I and Shepherds Ranch II.

Shepherds Ranch I (APN 081-030-46) includes 10.31 acres of undeveloped land located inside the current Visalia city limits on the west side of Shirk Street in the western portion of the City. The site is surrounded by developed light industrial properties to the north, with rural residential homes land to the east and south. This component includes 41 homes.

The Shepherds Ranch II site is to the west of the Shepherds Ranch I site.

The following discretionary actions are required for the proposed Shepherds Ranch I development:
• General Plan Amendment (GPA) - Residential Very Low Density (VLDR) to Residential Low Density (LDR).
• Change of Zone – from R-1-20 to R-1-5.
• Tentative Subdivision Map.
• Right-of-way dedication and street improvements for North Shirk Street and Road 88.

Construction will be in a single phase and is anticipated start in October 2023 and take one year to build out all homes.
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Shepherds Ranch II (APN 081-030-36) is 40 acres in size and is located outside the city limits but within the City of Visalia’s sphere of influence on the east side of Road 88, located approximately ¼ mile south of the intersection of North Shirk StreetNorth Shirk Street and West Goshen Avenue, Visalia, California. Shepherds Ranch II is outside the City limits and within unincorporated Tulare County.

The proposed park strip will also be designated as Parks/recreation and zoned as QuasiPublic. Since the parks span both Project components, they will be included in the rezoning of Shepherds Ranch I and included in the pre-zone of Shepherds Ranch II.

The following discretionary actions are required for the proposed development:
• Annexation into the City of Visalia.
• General Plan Amendment – Residential Very Low Density to Residential Low Density. • Tentative Subdivision Map.
• Tentative Parcel Map.
• Right-of-way dedication and street improvements for Shirk Street and Road 88.

Construction will be in three phases and is anticipated to start in May 2023 and take two years to build out all homes.

For the analysis throughout this document, the Project refers to both Shepherds Ranch I and Shepherds Ranch II unless the component is specifically called out as such. 452
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Figure 2-1
Regional Location
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Figure 2-2
Project Location
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SECTION 3 - INITIAL STUDY

3.1 - Environmental Checklist

1. Project Title:

Shepherds Ranch

2. Lead Agency Name and Address:

City of Visalia
315 East Acequia Avenue
Visalia, California 93291

3. Contact Person and Phone Number:

Brandon Smith (559) 713-4636
Project Location:

The Project is located approximately ¼ mile south of the intersection of North Shirk Street and West Goshen Avenue, Visalia, California.

4. Project Sponsor's Name and Address:

DR Horton
419 W Murray
Visalia, CA 93291
Contact Person : Corine Demetrios
Phone : (559) 631-6208

5. General Plan Designation:

Existing: City of Visalia – Residential Very Low Density – 18.6 acres Existing: City of Visalia – Residential Low Density – 31.7 acres Proposed: City of Visalia – Residential Low Density – 50 acres, including 3 acres to be used as Parks / Recreation

6. Zoning:

Existing: City of Visalia – R-1-20 (20,000 SF Min Site Area) – 5 acres Existing: City of Visalia – R-1-5 (5,000 SF Min Site Area) – 5 acres 455
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Existing: Tulare County (proposed for annexation to the City of Visalia) – AE-20 (Exclusive Agricultural Zone – 20 Acre Minimum) – 40 acres Proposed: City of Visalia – R-1-5 (5,000 SF Min Site Area) – 50 acres, including 3 acres to be used as QP (Quasi-Public)

7. Description of Project:

The Project would develop a total of 241 single-family homes and a 3.05-acre linear park on a combined 50.3 acres. The Project has two components called Shepherds Ranch I and Shepherds Ranch II.

Shepherds Ranch I (APN 081-030-46) includes 10.31 acres of undeveloped land located inside the current Visalia city limits on the west side of Shirk Street in the western portion of the City. The site is surrounded by developed light industrial properties to the north, with rural residential homes land to the east and south. This component includes 41 homes.

The Shepherds Ranch II site is to the west of the Shepherds Ranch I site.

The following discretionary actions are required for the proposed Shepherds Ranch I development:
• General Plan Amendment (GPA) - Residential Very Low Density (VLDR) to Residential Low Density (LDR).
• Change of Zone – from R-1-20 to R-1-5.
• Tentative Subdivision Map.
• Right-of-way dedication and street improvements for North Shirk Street and Road 88.

Construction will be in a single phase and is anticipated start in October 2023 and take one year to build out all homes.

Shepherds Ranch II (APN 081-030-36) is 40 acres in size and is located outside the city limits but within the City of Visalia’s sphere of influence on the east side of Road 88, located approximately ¼ mile south of the intersection of North Shirk StreetNorth Shirk Street and West Goshen Avenue, Visalia, California. Shepherds Ranch II is outside the City limits and within unincorporated Tulare County.

The proposed park strip will also be designated as Parks/recreation and zoned as QuasiPublic. Since the parks span both Project components, they will be included in the rezoning of Shepherds Ranch I and included in the pre-zone of Shepherds Ranch II.

The following discretionary actions are required for the proposed development:
• Annexation into the City of Visalia.
• General Plan Amendment – Residential Very Low Density to Residential Low Density and Parks / Recreation.
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• Tentative Subdivision Map.
• Tentative Parcel Map.
• Right-of-way dedication and street improvements for Shirk Street and Road 88.

Construction will be in three phases and is anticipated to start in May 2023 and take two years to build out all homes.

For the analysis throughout this document, the Project refers to both Shepherds Ranch I and Shepherds Ranch II unless the component is specifically called out as such.

8. Surrounding Land Uses and Setting:

The Project site is bounded by light industrial development to the north, North Shirk Street and residential development to the east, an unnamed dirt road, residential, orchards, and fallow agriculture with non-native grassland to the south, and Road 928 and fallow agriculture to the west.

Land use within the Project boundary consists of annual grassland and barren land on 10 acres (Shepherds Ranch I), and a deciduous orchard with a single-family residence and associated structures on the south side of the boundary on 40 acres (Shepherds Ranch II).

9. Other Public Agencies Whose Approval is Required:
• State of California Department of Fish and Wildlife (CDFW) • United States Fish & Wildlife Service (USFWS)
• Tulare County LAFCO

10. Have California Native American tribes traditionally and culturally affiliated with the Project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
A Sacred Land Files search was requested from the Native American Heritage Commission (NAHC), and a response was received on August 30, 2021. The NAHC responded with its findings that indicate negative results. Based on the results of cultural records search findings and the lack of historical or archaeological resources previously identified within a half-mile radius of the proposed Project, the potential to encounter subsurface cultural resources is minimal. Additionally, the Project construction would be conducted within the partially developed and previously disturbed parcel. The potential to uncover subsurface historical or archaeological deposits would be considered unlikely.

NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and Project proponents to discuss the level of environmental review, 457
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identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code Section 21082.3(c) contains provisions specific to confidentiality.

3.2 - Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas
Emissions
Hazards and Hazardous
Materials
Hydrology and Water
Quality
Land Use and Planning Mineral Resources
Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities and Service
Systems
Wildfire Mandatory Findings of
Significance

3.3 - Determination
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
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I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (a) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (b) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENT IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date: May 26, 2023
Brandon Smith City of Visalia
Printed Name For
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3.4 - Evaluation of Environmental Impacts

1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a projectspecific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.

4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced).

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
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6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a. The significance criteria or threshold, if any, used to evaluate each question. b. The mitigation measure identified, if any, to reduce the impact to less than significance.
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Discussion
Impact #3.4.1a – Except as provided in Public Resources Code Section 21099, would the Project have a substantial adverse effect on a scenic vista? According to the City of Visalia 2030 General Plan, there are no designated scenic views within the City’s limits; however, Highway 198 is designated as a state scenic corridor, and the City has implemented PSCU-P-12 to create a “greenway” setback of 200 feet along Highway 198 within the City limits as dedicated to the City for open space use in perpetuity, also known as the West 198 Scenic Corridor. The Project site is approximately 0.5 miles north of Highway 198, outside of the designated West 198 Scenic Corridor, and is not located within a designated scenic vista. Therefore, the Project will have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less than
significant
Impact
No
Impact

3.4.1 - AESTHETICS
Except as provided in Public Resources Code Section 21099, would the Project:
a. Have a substantial adverse effect on a scenic
vista?
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c. In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the Project is in an
urbanized area, would the Project conflict
with applicable zoning and other regulations
governing scenic quality?
d. Create a new source of substantial light or
glare that would adversely affect day or
nighttime views in the area?
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LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.1b - Except as provided in Public Resources Code Section 21099, would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Scenic Resources
The City of Visalia adopted a Valley Oak Ordinance that provides basic standards, measures, and compliance requirements for the preservation and protection of native Valley oak trees and landmark trees within the City. The Ordinance prohibits the destruction of oak trees except with an oak tree removal permit. A permit may be granted only if it is found that the oak tree is in danger of falling on a structure or is a host for a plant, pest, or disease endangering other species; if removal is necessary to allow the reasonable enjoyment of private property; or if urban forestry or land management practices warrant removal. If a tree removal permit is granted, the tree must either be replaced by new oak trees on the same property or by paying mitigation fees to be used for the establishment of new oak trees on other property. As discussed under Biological Resources Impact #3.4.4e, the Project will not impact the City’s Valley Oak Ordinance because the site is established with an orchard on 40 acres and does not contain any identified native Valley oak trees. Therefore, the Project has no impact.

Historic Buildings
Additionally, the discussion under Cultural Resources indicates that a cultural resources records search was conducted through the Southern San Joaquin Valley Information Center (SSJVIC) for the Project. The records search covered an area within one-half mile of the Project and included a review of the National Register of Historic Places, California Points of Historical Interest, California Registry of Historic Resources, California Historical Landmarks, California State Historic Resources Inventory, and a review of cultural resource reports on file. Only one cultural resource property has been recorded within a half-mile of the proposed project, the historic route of the Southern Pacific/San Joaquin Valley Railroad, and will not be impacted by the Project. The Project was found to not impact cultural resources related to historic buildings.

State Scenic Highway
See discussion under 3.4.1 – AESTHETICS (a). The City of Visalia adopted its Scenic Highways Element in February 1976, in which Highway 198 was identified as a scenic resource. The Project site is located 0.5 miles north of Highway 198 and is outside of the designated setbacks as identified in the City’s General Plan and will therefore not have an impact on a state scenic highway.
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As discussed in this section, the Project will have no impact to scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.1c - Except as provided in Public Resources Code Section 21099, would the Project in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? The area surrounding the Project site consists of urban development, light industrial, fallow agriculture, orchards, non-native grassland, and barren land.

As discussed in Impact #3.4.1 (a) and (b), the Project site is not located within any designated scenic vista or scenic resource, specifically SR 198, which is located 0.5 miles south of the Project. The Project is also planned for residential development under the City of Visalia 2030 General Plan, and urbanized areas are currently adjacent to the site to the north and east. Therefore, the Project will not conflict with applicable zoning and other regulations governing scenic quality and will have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.1d - Except as provided in Public Resources Code Section 21099, would the Project create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
According to the General Plan, the construction of new buildings may result in nighttime light pollution or daytime glare; however, the General Plan identifies construction impacts as likely be insignificant as a result of development. As in most typical residential areas, homes emit some light and glare during the day and evening hours. Development under the proposed General Plan would include indoor lighting and outdoor lighting for safety purposes but would generally not be out of character with the existing urban environment and would not rise to a level of being significant. There are a number of circumstances that 464
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mitigate the potential for new or significant sources of light pollution in Visalia through the General Plan policies; however, these are associated with commercial, industrial development, and recreational facilities. As the Project is for residential development, it will have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Discussion
Impact #3.4.2a – Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
CEQA uses the California Department of Conservation Division of Land Resource Protection’s Farmland Mapping and Monitoring Program (FMMP) categories of “Prime Farmland,”

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.2 - AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project:
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to nonagricultural use?
b. Conflict with existing zoning for agricultural
use or a Williamson Act Contract?
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d. Result in the loss of forest land or conversion
of forest land to non-forest use?
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
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“Farmland of Statewide Importance,” and “Unique Farmland” to define “agricultural land” for the purposes of assessing environmental impacts (PRC Section 21060.1[a]). According to the California Department of Conservation (DOC) Important Farmland Finder, the Project site is designated as Prime Farmland (California Department of Conservation, 2022).

According to the Department of Conservation - Farmland Mapping and Monitoring Program (California Department of Conservation, 2021), a 40-acre portion of the Project site is identified as Prime Farmland. The 40 acres are currently within Tulare County boundaries, and the intent of the Project is to annex the 40 acres into the City boundaries for residential development. Although the Project is within Prime Farmland designation, the property is not under an existing Williamson Act Contract. The 40-acre site is currently used for agricultural cultivation as an orchard.

The City of Visalia 2030 General Plan has designated the easterly 10 acres of the Project site for urban uses under the Urban Growth Development Tier 1 and the westerly 40 acres of the Project site for urban uses under the Urban Growth Development Tier 2. Implementation of this Project will support the General Plan designation for future urban land use Policy LU-P21 for residential development. The General Plan established criteria, dependent upon land use type, for when development may advance from the first tier (Tier I) to subsequent tiers (Tiers 2 and 3), which are contained in Policy LU-P-21 of the General Plan. For residential uses, the threshold is the issuance of permits for 5,850 housing units within Tier 1 since April 1, 2010. The City met the residential permit threshold in July 2021 and now considers development located with Tiers 1 and/or 2 (City of Visalia, 2021).

The General Plan identifies the need for the conversion of agricultural land to urban development. The City has set aside three-tiered areas planned for development which contain land designated as Prime Farmland and Farmland of Statewide Importance. The Project is within Tier 2 and Tier 3, which has been deemed as land to be converted from agricultural land to urban development.

The 2014 General Plan Policy LU-P-34 contained a requirement for an Agricultural Mitigation Program to address the conversion of Prime Farmland and Farmland of Statewide Importance within the Tier 2 and Tier 3 growth boundaries. Policy LU-P-34 requires the adoption of this type of program notwithstanding that such a program would not reduce the environmental effects from the loss of such farmland to a level of less than significant. In order to meet the requirements of this policy, the City prepared an Agricultural Preservation Ordinance applicable to properties within Tier 2 and Tier 3 that requires a 1:1 ratio of agricultural land preserved to agricultural land converted towards urban development. The Ordinance was adopted in May 2023 and is necessary for other pending entitlements submitted to the City of Visalia that are located within Tier 2 to be developed. The Ordinance will require that an equivalent amount of agricultural land converted be preserved outside the urban development boundary and within the southern San Joaquin Valley, or that a project comply with regulations within the Ordinance that will cause an equivalent amount of agriculture land to be preserved. Additionally, the preserved agricultural land must demonstrate adequate water supply and agricultural zoning. Policy LU-P-34 notes that such a program shall, to the extent feasible and practicable, be integrated with the agricultural 467
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easement programs adopted by Tulare County and nearby cities. The City of Visalia’s program shall allow for compliance with the preservation ordinance to be completed by purchase of easements, and that such easements be held by a qualifying entity, such as a local land trust, and require the submission of annual monitoring reports to the City. Prior to the adoption of the Ordinance the Project proponent could mitigate for the loss of agricultural land and begin conversion of agricultural lands by providing verification to the City that it has preserved agricultural land at a 1:1 ratio using easements that meet the requirements identified in Policy LU-P-34 or participation in an agricultural preservation program adopted by another agency within the southern San Joaquin Valley that meet the these requirements for preserving agricultural land.

As this is a requirement for consistency with the General Plan, the Project’s compliance is mandatory. Therefore, compliance with General Plan Policy LU-P-34 and implementation of AG-1 will allow the Project to convert Prime Farmland and Farmland of Statewide Importance and preserve offsite farmland outside of the urban development boundaries at an equivalent ratio and will result in a less-than-significant impact.

MITIGATION MEASURE(S)
AG - 1: Prior to the issuance of grading or building permits, the Project proponent shall mitigate impacts for loss of Prime Farmland and Farmland of Statewide Importance on the Project site at a 1:1 ratio. The Project proponent shall implement one or more of the following measures to mitigate the loss: Payment of In-Lieu Fees, Mitigation Banks, Fee Title Acquisition, Conservation Easements, and/or Land Use Regulation on land(s)within the Southern San Joaquin Valley of California, specifically within Kern County, Tulare County, Kings County, Fresno County, or Madera County. The City shall require, at a minimum:
evidence that the preserved land has adequate water supply, agricultural zoning, evidence of land encumbrance documentation, documentation that the easement/regulations are permanent and monitored, and documentation that the mitigation strategy is appropriately endowed. This mitigation shall be verified by the City prior to issuance of grading or building permits. Should the City of Visalia develop an Agricultural Mitigation Program before future construction within the Project begins, the Project proponent shall mitigate for the loss of agricultural land pursuant to the Program that is adopted by the City.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.2b – Would the Project conflict with existing zoning for agricultural use or a Williamson Act Contract?
See discussion of Impact #3.4.2(a). The Project site is not subject to a Williamson Act contract; however, the Project is currently in agricultural production and is designated as Prime Farmland, which will result in the conversion of farmland to a nonagricultural use.

With the implementation of the revised General Plan Policy LU-P-34, and the City’s implementation of the planned conversion of the Project site as identified in the General 468
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Plan’s Urban Growth Development program, the Project will have a less than significant impact and would not conflict with existing zoning for agricultural use or a Williamson Act Contract.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.2c – Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
The Project site is not identified as forest land or timberland. Therefore, the Project will not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The Project would have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.2d – Would the Project result in the loss of forest land or conversion of forest land to non-forest use?
As discussed Impact #3.4.2 (c), the Project area does not include forest land. Therefore, there would not be loss or conversion of forest land as a result of the Project. The Project would have no impact.

MITIGATION MEASURE(S)
None are required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.2e – Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
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As discussed in Impact #3.4.2 (a) and (b), the Project will result in the conversion of Farmland to nonagricultural use; however, with the implementation of the revised General Plan Policy LU-P-34, and implementation of the City’s implementation of the planned conversion of the Project site as identified in the General Plan’s Urban Growth Development program, the Project will have a less than significant impact. Additionally, as discussed in Impact #3.4.2 (d), the Project area does not include conversion of forest land to a non-forest use. Therefore, Project impacts are considered less than significant.

MITIGATION MEASURE(S)
None are required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Discussion
The impact analyses in this section are based on an Air Quality & Greenhouse Gas Impact Assessment (VRPA Technologies, Inc., 2021) conducted for the Project, which is included as Appendix B.

Impact #3.4.3a – Would the Project Conflict with or obstruct implementation of the applicable air quality plan?
The City of Visalia is located in the San Joaquin Valley Air Basin (SJVAB). Air Quality monitoring has been conducted in the SJVAB for many years. While new and innovative pollution controls have made the San Joaquin Valley Air Pollution Control District (SJVAPCD) a leader in the rate of improvement, the region is not in attainment for numerous criteria air pollutants, and the air basin still has poor air quality. Much of this pollution is attributed to the Valley’s topography, meteorology, two major highways, and intensive agricultural uses.

In 2011, the major sources of air pollution in the San Joaquin Valley were heavy-duty trucks, other mobile sources, autos and light trucks, and fuel combustion from stationary sources.

Ozone and particulate matter are the two largest contributors to the Valley’s poor air quality.

The causes and effects of these and other air pollutants are discussed in the next section.

The California Air Resources Board (CARB) operates a regional network of air pollution monitoring stations that provide information on ambient concentrations of criteria air pollutants and toxic air contaminants. In Tulare County, CARB measures certain air

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact

3.4.3 - AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the Project:
a. Conflict with or obstruct implementation of
the applicable air quality plan?
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the Project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c. Expose sensitive receptors to substantial
pollutant concentrations?
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
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pollutants, such as carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), and particulate matter less than 2.5 microns in diameter (PM-2.5).

Federal and State laws require emission control measures in areas where air pollution exceeds standards. The San Joaquin Valley is one of these areas. The federal government, primarily through the Environmental Protection Agency (EPA) and the federal Clean Air Act, sets standards, oversees state and local actions, and implements programs for toxic air pollutants, heavy-duty trucks, locomotives, ships, aircraft, off-road diesel equipment, and some types of industrial equipment. Currently, EPA has established national standards for criteria air pollutants: ozone (O 3); carbon monoxide (CO); nitrogen dioxide (NO 2); sulfur dioxide (SO 2); suspended particulate matter (PM-10 and PM-2.5); and lead (Pb).

The primary way of determining consistency with an air quality plan’s (AQP’s) assumptions is determining consistency with the applicable General Plan to ensure that the Project’s population density and land use are consistent with the growth assumptions used in the AQPs for the air basin. Tulare County Association of Governments (TCAG) uses the growth projections, and land use information in adopted general plans to estimate future average daily trips and then Vehicle Miles Traveled (VMT), which are then provided to San Joaquin Valley Air Pollution Control District (SJVAPCD) to estimate future emissions in the AQPs.

Existing and future pollutant emissions computed in the AQP are based on land uses from area general plans. AQPs detail the control measures and emission reductions required for reaching the attainment of the air standards. The following policies are found within the City of Visalia 2030 General Plan, which are applicable to this Project:
• AQ-P-2: Require use of Best Management Practices (BMPs) to reduce particulate emission as a condition of approval for all subdivisions, development plans, and grading permits in conformance with the San Joaquin Valley Air Pollution Control District Fugitive Dust Rule.
• AQ-P-9: Continue to mitigate short-term construction impacts and long-term stationary source impacts on air quality on a case-by-case basis and continue to assess air quality impacts through environmental review. Require developers to implement Best Management Practices (BMPs) to reduce air pollutant emissions associated with the construction and operation of development projects.

BMPs include transportation demand management strategies for large development projects such as:
o Providing bicycle access and parking facilities;
o Providing preferential parking for high occupancy vehicles, carpools, or alternative fuels vehicles;
o Establishing telecommuting programs or satellite work centers; o Allowing alternative work schedules;
o Subsidizing public transit costs for employee;
o Scheduling Deliveries at off-peak traffic periods; and o Providing recharge stations for plug-in electric vehicles (PEVs). 472
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The San Joaquin Valley Air Pollution Control District Guidelines for Assessing and Mitigating Air Quality Impacts provide BMPs for determining and mitigating project air quality impacts and related thresholds of significance for use in environmental documents.

Therefore, with implementation of appropriate Project BMPs as required by the City of Visalia 2030 General Plan and the San Joaquin Air Pollution Control District, the Project would be consistent with the applicable AQPs. As a result, the Project will not conflict with or obstruct implementation of any air quality plans and, therefore, would have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.3b – Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard?
The City of Visalia is located within Tulare County, which is designated as nonattainment for Federal and State air quality standards for ozone, in attainment of Federal standards and nonattainment for State standards for PM10, and nonattainment for Federal and State standards for PM2.5. The SJVAPCD has prepared the 2016 and 2013 Ozone Plans, 2007 PM10 Maintenance Plan, and 2012 PM2.5 Plan to achieve Federal and State standards for improved air quality in the SJVAB regarding ozone and PM. Inconsistency with any of the plans would be considered a cumulatively adverse air quality impact. As discussed in Section 4.1.1 of the Air Quality & Greenhouse Gas Impact Assessment (VRPA Technologies, Inc., 2021), the Project is consistent with the currently adopted General Plan for the City of Visalia and is therefore consistent with the population growth and VMT applied in the plan. Therefore, the Project is consistent with the growth assumptions used in the 2016 and 2013 Ozone Plan, 2007 PM10 Maintenance Plan, and 2012 PM2.5 Plan.

Project-specific emissions that exceed the thresholds of significance for criteria pollutants would be expected to result in a cumulatively considerable net increase of any criteria pollutant for which the County is in non-attainment under applicable federal or state ambient air quality standards. It should be noted that a project isn’t characterized as cumulatively insignificant when project emissions fall below thresholds of significance. The SJVAPCD has established thresholds of significance for determining environmental significance, which are provided in Table 3.4.3-1 below. 473
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Table 3.4.3-1
SJVAPCD Air Quality Thresholds of Significance

Project Type
Ozone Precursor Emissions (tons/year)
CO NOx ROG SOx PM10 PM2.5
Construction Emissions 100 10 10 27 15 15
Operational Emissions
(Permitted Equipment and
Activities)
100 10 10 27 15 15
Operational Emissions
(Non-Permitted Equipment and
Activities)
100 10 10 27 15 15
Source: SJVAPCD 2021
Results of the analysis show that emissions generated from the construction and operation of the Project will be less than the applicable SJVAPCD emission thresholds for criteria pollutants. Therefore, the Project will have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.3c – Would the Project expose sensitive receptors to substantial pollutant concentrations?
Sensitive receptors refer to those segments of the population most susceptible to poor air quality (i.e., children, the elderly, and those with pre-existing serious health problems affected by air quality). Land uses that have the greatest potential to attract these types of sensitive receptors include schools, parks, playgrounds, daycare centers, nursing homes, hospitals, and residential communities. From a health risk perspective, the proposed Project is a “Type B” project in that it may potentially place sensitive receptors in the vicinity of existing sources.

The first step in evaluating the potential for impacts to sensitive receptors for Toxic Air Contaminants (TACs) from the Project is to perform a screening-level analysis. For Type B projects, one type of screening tool is found in the California Air Resources Board (CARB) Handbook: Air Quality and Land Use Handbook: A Community Perspective. The screening tool indicates that new sensitive land uses should not be sited within 500 feet of a freeway/urban roads with 100,000 vehicles/day or rural roads with 50,000 vehicles/day.

The Project is located more than 3,000 feet from the SR 198 highway. In addition, the Project is not located within the specified boundary for this source category. Therefore, TACs from sources in the study area will not significantly impact the Project. In addition, the Project will 474
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not generate TACs that would have a significant impact on the environment or adjacent sensitive receptors. Therefore, no mitigation measures are required.

Short-Term Impacts
The annual emissions from the construction phase of the Project will be less than the applicable SJVAPCD emission thresholds for criteria pollutants, as shown in Table 3.4.3-2 below. Therefore, construction emissions associated with the Project are considered less than significant.

Table 3.4.3-2
Project Construction Emissions
Summary Report CO NOx ROG SOx PM10 PM2.5 CO2e
Construction Emissions 3.10 3.76 4.22 0.01 1.13 0.57 569.46 SJVAPCD Level of
Significance
100 10 10 27 15 15 None
Does the Project Exceed
Standard?
No No No No No No No
Source: CalEEMod, VRPA 2021
Long-Term Impacts
Long-Term emissions from the Project are generated primarily by mobile source (vehicle) emissions from the Project site and area sources such as lawn maintenance equipment.

Emissions from long-term operations generally represent a project’s most substantial air quality impact. Table 3.4.3-3 below summarizes the Project’s operational impacts by pollutant.

Table 3.4.3-3
Project Operational Emissions (tons/year)
Summary Report CO NOx ROG SOx PM10 PM2.5 CO2e
Project Operational
Emissions

11.54 2.05 3.25 0.03 2.44 0.07 2885.84
SJVAPCD Level of
Significance
100 10 10 27 15 15 None
Does the Project Exceed
Standard?
No No No No No No No
Source: CalEEMod, VRPA 2021
Results from Table 3.4.3-3 indicate that the annual operational emissions from the Project will be less than the SJVAPCD emission thresholds for criteria pollutants. Therefore, operational emissions associated with the Project are considered less than significant.

MITIGATION MEASURE(S)
No mitigation is required.
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.3d – Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
The SJVAPCD requires that an analysis of potential odor impacts be conducted for the following two situations:
• Generators – projects that would potentially generate odorous emissions proposed to be located near existing sensitive receptors or other land uses where people may congregate, and
The Project will potentially generate odorous emissions proposed to be located near existing development adjacent to the site, including nearby residential and school site, approximately ¼ mile west of the Project. However, as analyzed under Impact #3.4.3 (a) through (c), emissions from cars as a result of the Project were identified as producing less than significant impacts. Therefore, it is determined that the odors generated from the development as a result of additional vehicles would also be considered a less than significant impact.
• Receivers – residential or other sensitive receptor projects or other projects built for the intent of attracting people located near existing odor sources.

The Project will not generate odorous emissions given the nature or characteristics of residential developments. The intensity of an odor source’s operations and its proximity to sensitive receptors influence the potential significance of odor emissions. The SJVAPCD has identified some common types of facilities that have been known to produce odors in the SJV Air Basin. The types of facilities that are known to produce odors are shown in Table 3.4.3-4 below along with a reasonable distance from the source within which the degree of odors could possibly be significant. Manufacturing facilities are known to generate odorous emissions and include a screening distance of one (1) mile. There is a Hydrite Chemical Company facility (SJVAPCD Facility ID 8199) located a third of a mile to the north of the Project site that falls within the 1-mile screening distance set by the SJVAPCD. It should be noted that the SJVAPCD has no rules or standards related to odor emissions other than its nuisance rule.
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Table 3.4.3-4
Screening Levels for Potential Odor Sources
Type of Facility Distance
Wastewater Treatment Facility 2 miles
Sanitary Landfill 1 mile
Transfer Station 1 mile
Composting Facility 1 mile
Petroleum Refinery 2 miles
Asphalt Batch Plant 1 mile
Chemical Manufacturing 1 mile
Fiberglass Manufacturing 1 mile
Painting/Coating Operations (e.g., auto
body shops)
1 mile
Food Processing Facility 1 mile
Feed Lot/Dairy 1 mile
Rendering Plant 1 mile
Source: SJVAPCD 2021
While the Hydrite Chemical facility is located within the 1-mile screening distance as depicted in Table 3.4.3-4, it should be noted that there are other residential and school land uses in the vicinity of the Project that also falls within the 1-mile boundary. In addition, prevailing wind patterns in the area indicate that wind blows primarily from the northwest and southwest depending upon the time of year. As a result, potential odors from the Hydrite Chemical facility would have minimal impact on the Project given the location of the facility with respect to the Project. Lastly, the lack of odor complaints logged for the Hydrite Chemical facility for the previous three years indicates that odorous emissions from the facility would not have a significant impact on the Project.

Based on the assessment above, the Project will not generate potential odorous emissions or attract receivers and other sensitive receptors near existing odor sources. Therefore, impacts are less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact
No
Impact

3.4.4 - BIOLOGICAL RESOURCES
Would the Project:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special-status species in local or regional
plans, policies, or regulations or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the California
Department of Fish and Wildlife or U.S. Fish
and Wildlife Service?
c. Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species, or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f. Conflict with the provisions of an adopted
habitat conservation plan, natural community
conservation plan, or other approved local,
regional, or state habitat conservation plan?
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Discussion
The impact analysis in this section is based on a Biological Analysis Report prepared for the Project (QK, Inc., 2021a), included as Appendix C.

Impact #3.4.4a – Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specialstatus species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Project activities have the potential to affect biological resources. A reconnaissance survey of the Project and a 250 foot buffer, where feasible, also called the Biological Survey Area (BSA), was conducted on August 30, 2021. The survey consisted of walking meandering pedestrian transects throughout the BSA, where feasible. A portion of the buffer was inaccessible because it overlapped with private residential and industrial properties. Those areas were surveyed visually with the aid of binoculars to gather a representative inventory of the plant and wildlife species present.

No special-status species were observed during the survey. There were no special-status plant species identified within the Project site or survey buffer, and based on historical disturbance and current conditions, none are expected to occur. However, three specialstatus animal species were determined to have the potential to occur on-site and potentially be affected by the Project. The literature review identified 32 special-status animal species known or with the potential to occur in the vicinity of the project. Of those, three (3) were determined to have the potential to occur on-site.

Swainson’s Hawk
Swainson’s hawks occur in grassland, desert, and agricultural landscapes throughout the Central Valley and Antelope Valley. Some hawks may be residents, especially in the southern portion of their range, while others may migrate between winter and breeding habitats. They prefer larger isolated trees or small woodlots for nesting, usually with grassland or dry-land grain fields nearby for foraging, and have been known to nest in large eucalyptus trees along heavily traveled freeway corridors. Swainson’s hawks forage in grassland, open scrub, pasture, and dryland grain agricultural habitats, primarily for rodents. Swainson’s hawks exhibit a moderate to high nest site fidelity for successful nest sites. The nearest occurrence was recorded in 2017, 1.2 miles west of the Project, where a stick nest was observed in an oak tree adjacent to agricultural fields and a commercial area.

Based on information from the reconnaissance site visit, there are large walnut trees in the orchard on the western portion of the site that could potentially support nesting Swainson’s hawks, in addition to large, planted trees in urban areas in the vicinity of the Project. The annual grassland on the Project site and within the BSA could potentially provide foraging opportunities for the Swainson’s hawk. However, the high density of residential 479
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neighborhoods, traffic, and lack of other potential foraging habitat in the area would decrease the likelihood of Swainson’s hawk nesting activity on the Project site.

Western Burrowing Owl
The western burrowing owl is a small ground-dwelling owl that can be found throughout western North America. This species can be found in a variety of habitat types, including grasslands, deserts, or other open habitats where food resources are available and contain treeless areas with low vegetation cover and gently sloping terrain. Burrowing owls use earthen burrows, typically relying on other fossorial mammals to construct their burrows such as CAGS or American badger. They use a burrow throughout the year for temperature regulation, offspring rearing, shelter, and escape from predators. While burrows are most often earthen, they also use atypical burrows such as pipes, culverts, and other man-made structures, most often as shelter. Burrowing owls can have several burrows close to one other that they may frequently move among to avoid predators.

The nearest CNDDB occurrence is from 1998 and was located approximately 5.6 miles northwest of the Project site. No western burrowing owl or diagnostic sign (e.g., burrows, whitewash, pellets, prey remains) were observed during the survey. Burrowing owls are present year-round in the Central Valley and typically use multiple burrows within their ranges. Burrowing owls have also been known to occur in urban and agriculturally developed areas. The prey base (i.e., insects and lizards) within the Project site is marginal, however it is still possible that burrowing owls may become established in the existing CAGS burrows or pass through the Project site as transients.

San Joaquin Kit Fox
The San Joaquin kit fox (SJKF) is a subspecies of kit fox that is endemic to the San Joaquin Valley, Carrizo Plain, and Cuyama Valley, as well as other small valleys in the western foothills of the Central Valley of California. They are only found west of the Sierra Nevada crest. They occupy arid to semi-arid grasslands, open shrublands, savannahs, and grazed lands with loose-textured soils. SJKF are well-established in some urban areas and are highly adaptable to human-altered landscapes. They generally avoid intensively maintained agricultural land but forage well into croplands from surrounding habitat. SJKF uses subterranean dens year-round for shelter and pup-rearing. They are nocturnally active but may be above ground near their dens during the day, particularly in the spring. They feed primarily on small mammals, but will consume a variety of prey, and will scavenge for human food.

The nearest CNDDB occurrence is from 2003 and approximately 3.4 miles northwest of the Project and is presumed extant. No SJKF were observed during the survey. No kit fox or diagnostic sign (e.g., tracks, scat, prey remains, or dens) were observed during the reconnaissance survey. This species is a highly mobile transient forager which preys on small burrowing mammals and has adapted well to urbanized settings, even feeding on anthropogenic food sources. Suitable foraging and denning habitat are present within the BSA, and the species may pass through as a transient.
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Implementation of the mitigation measures listed below would reduce impacts of the Project to special-status wildlife species to a level that would be less than significant.

MITIGATION MEASURE(S)
BIO-1: Within 14 days prior to the start of Project ground-disturbing activities, a pre-activity survey with a 500-foot buffer, where land access is permitted, shall be conducted by a qualified biologist knowledgeable in the identification of these species and approved by the California Department of Fish and Wildlife (CDFW). If dens/burrows that could support any of these species are discovered during the pre-activity survey, the avoidance buffers outlined below shall be established. No work shall occur within these buffers unless the biologist approves and monitors the activity. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

Burrowing Owl (active burrows)
• Non-breeding season: September 1 – January 31 – 160 feet • Breeding season: February 1 – August 31 – 250 feet
American Badger/SJKF
• Potential or Atypical den – 50 feet
• Known den – 100 feet
• Natal Den –Contact CDFW for consultation
BIO-2: A qualified biologist shall remain on-call throughout the construction phase if a burrowing owl, American badger, or San Joaquin kit fox occurs on the site during construction. If one of these species occurs on-site, the biologist shall be contacted immediately to determine whether biological monitoring or the implementation of avoidance buffers may be warranted.

BIO-3: The following avoidance and minimization measures shall be implemented during all phases of the Project to reduce the potential for impact from the Project. They are modified from the U.S. Fish and Wildlife Service (USFWS) Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance. a. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from the construction or Project Site.
b. Construction-related vehicle traffic shall be restricted to established roads and predetermined ingress and egress corridors, staging, and parking areas. Vehicle speeds shall not exceed 20 miles per hour (mph) within the Project Site. c. To prevent inadvertent entrapment of kit fox or other animals during construction, the contractor shall cover all excavated, steep-walled holes or trenches more than two feet deep at the close of each workday with plywood or similar materials. If holes 481
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or trenches cannot be covered, one or more escape ramps constructed of earthen fill or wooden planks shall be installed in the trench. Before such holes or trenches are filled, the contractor shall thoroughly inspect them for entrapped animals. All construction-related pipes, culverts, or similar structures with a diameter of four inches or greater that are stored on the Project Site shall be thoroughly inspected for wildlife before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If at any time an entrapped or injured kit fox is discovered, work in the immediate area shall be temporarily halted, and USFWS and California Department of Fish and Wildlife (CDFW) shall be consulted.
d. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipes and become trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS and CDFW have been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once to remove it from the path of construction activity until the fox has escaped.
e. No pets, such as dogs or cats, shall be permitted on the Project Sites to prevent harassment, mortality of kit foxes, or destruction of dens. f. Use of anti-coagulant rodenticides and herbicides in Project Sites shall be restricted.

This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe labels and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other State and Federal legislation, as well as additional Project-related restrictions deemed necessary by the USFWS and CDFW. If rodent control must be conducted, zinc phosphide shall be used because of the proven lower risk to kit foxes.
g. A representative shall be appointed by the Project proponent, who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped kit fox. The representative shall be identified during the employee education program, and their name and telephone number shall be provided to the USFWS.
h. The Sacramento Fish and Wildlife Office of USFWS and CDFW shall be notified in writing within three working days of the accidental death or injury to an SJKF during Project-related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information. The USFWS contact is the Chief of the Division of Endangered Species, at the addresses and telephone numbers below. The CDFW contact can be reached at (559) 243-4014 and [email protected].
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i. All sightings of the SJKF shall be reported to the California Natural Diversity Database (CNDDB). A copy of the reporting form and a topographic map clearly marked with the location of where the kit fox was observed shall also be provided to the Service at the address below.
j. Any Project-related information required by the USFWS or questions concerning the above conditions or their implementation may be directed in writing to the U.S. Fish and Wildlife Service at Endangered Species Division, 2800 Cottage Way, Suite W 2605, Sacramento, California 95825-1846, phone: (916) 414-6620 or (916) 414- 6600.
k. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-4: If Project construction activities occur during the Swainson’s hawk nesting season (February 15 to August 31), pre-construction activity surveys shall be conducted over the Project area and within 0.5-mile for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, Swainson’s Hawk Technical Advisory Committee. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-5: If an active Swainson’s hawk nest is discovered at any time within 0.5-mile of active construction, a qualified biologist shall complete an assessment of the potential for current construction activities to impact the nest. The assessment would consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to the construction activities of this Project. Based on this assessment, the biologist will determine if construction activities can proceed and the level of nest monitoring required. Construction activities shall not occur within 500 feet of an active nest but depending upon conditions at the site, this distance may be reduced. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson’s hawks may be required. The qualified biologist shall have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may need to increase depending on the sensitivity of the nesting Swainson’s hawk to disturbances and at the discretion of the qualified biologist.

BIO-6: If Project construction activities are initiated during the nesting season (February 1 to September 15), a pre-activity nesting bird survey shall be conducted within 14 days prior to the start of construction. The surveys shall encompass the Project footprint and accessible areas or land visible from accessible areas within a 250-foot buffer for songbirds and a 500- foot buffer for raptors. If no active nests are found, no further action is required. However, existing nests may become active, and new nests may be built at any time prior to and throughout the nesting season, including when construction activities are in progress. 483
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If active nests are found during the survey or at any time during construction of the Project, an avoidance buffer ranging from 50 feet to 500 feet may be required, with the avoidance buffer from any specific nest being determined by a qualified biologist. The avoidance buffer will remain in place until the biologist has determined that the young are no longer reliant on the adults or the nest, or if breeding attempts have otherwise been unsuccessful. Work may occur within the avoidance buffer under the approval and guidance of the biologist, but full-time monitoring may be required. The biologist shall have the ability to stop construction if nesting adults show any sign of distress. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-7: Within 14 days prior to the start of ground disturbance activities, a pre-activity survey shall be conducted by a qualified biologist knowledgeable in the identification of all specialstatus plant and wildlife species with the potential to occur in the vicinity of the Project. All suitable burrows that could support special-status kangaroo rats, Tulare grasshopper mouse, or other special-status wildlife species shall be avoided during construction in accordance with BIO-5 and BIO-6 unless verification surveys have indicated that the species are not present. Consultation with the USFWS and CDFW may be required if listed or fully protected species are detected during the survey. A copy of the preconstruction survey report shall be submitted to the lead agency as evidence of compliance.

BIO-8: Prior to the initiation of construction activities, all construction personnel shall attend a Worker Environmental Awareness Training program developed by a qualified biologist.

Any personnel associated with the construction that did not attend the initial training shall be trained by the authorized biologist prior to working on the project site. Any employee responsible for the operations and maintenance or decommissioning of the project facilities shall also attend the Worker Environmental Awareness Training program prior to starting work on the project and on an annual basis. The Program shall be developed and presented by the project qualified biologist(s) or designee approved by the qualified biologist(s). The program shall include information on the life histories of special-status species with the potential to occur on the Project, their legal status, course of action should these species be encountered on-site, and avoidance and minimization measures to protect these species. It shall include the components described below:
a. Information on the life history and identification of special-status species that may occur or that may be affected by Project activities. The program shall also discuss the legal protection status of each such species, the definition of “take” under the Federal Endangered Species Act and California Endangered Species Act, measures the Project proponent/operator shall implement to protect the species, reporting requirements, specific measures for workers to avoid take of special-status plant and wildlife species, and penalties for violation of the requirements outlined in the California Environmental Quality Act mitigation measures and agency permit requirements. b. An acknowledgment form signed by each worker indicating that the Worker Environmental Awareness Training and Education Program has been completed shall be kept on file at the construction site. A copy of the acknowledgment form shall be submitted to the lead agency as evidence of compliance. 484
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c. A copy of the training transcript and/or training video, as well as a list of the names of all personnel who attended the Worker Environmental Awareness Training and Education Program, and signed acknowledgment forms, shall be submitted to the City of Tulare Planning Department.
d. A copy of the training transcript, training video, or informational binder for specific procedures shall be kept available for all personnel to review and be familiar with, as necessary.
e. A sticker shall be placed on hard hats indicating that the worker has completed the Worker Environmental Awareness Training and Education Program. Construction workers shall not be permitted to operate equipment within the construction areas unless they have attended the Worker Environmental Awareness Training and Education Program and are wearing hard hats with the required sticker.

The construction crews and contractor(s) shall be responsible for preventing unauthorized impacts from project activities to sensitive biological resources that are outside the areas defined as subject to impacts by Project permits. Unauthorized impacts may result in project stoppage, and/or fines depending on the impact and coordination with the California Department of Fish and Wildlife and/or U.S. Fish and Wildlife Service.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.4b – Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Sensitive natural communities are designated by various resource agencies, including the CDFW, USFWS, Bureau of Land Management, U.S. Forest Service, or are designated by local agencies through policies, ordinances, and regulations. Sensitive natural communities generally have important functions or values for plants and wildlife or are recognized as declining in extent or distribution and warrant some level of protection.

According to the Biological Analysis Report prepared for the Project, no water or wetland features are present on the Project site (QK, Inc., 2021a). The literature review, NHD, and NWI identified three Waters of the U.S. or wetland features in the vicinity of the Project site; however, none were observed within the Project site during the reconnaissance survey. One aquatic resource to the south, Mill Creek Ditch, was dry at the time of the survey. Two freshwater ponds to the north of the Project site are no longer present. Further, the CNDDB search resulted in four sensitive natural communities occurring in the region of the Project:

Northern Claypan Vernal Pool, Northern Hardpan Vernal Pool, Valley Sacaton Grassland, and Great Valley Oak Riparian Forest. However, none of these communities were determined to have potential to occur within the BSA because all areas have been previously disturbed 485
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and/or are developed and no longer support suitable habitat for sensitive natural communities. There are no sensitive natural communities present on the Project, and therefore would be no impacts to sensitive natural communities.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.4c – Would the Project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? See discussion for 3.4.4 - BIOLOGICAL RESOURCES (b). There are no identified water features or federal waters, or wetlands located on or near the Project. Therefore, the Project will result in no impacts to any waters or wetlands.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.4d – Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Wildlife movement corridors, also referred to as dispersal corridors or landscape linkages, are generally defined as linear features along which animals can travel from one habitat or resource area to another. Wildlife movement corridors can be large tracts of land that connect regionally important habitats that support wildlife in general, such as stop-over habitat that supports migrating birds or large contiguous natural habitats that support animals with very large home ranges (e.g., coyotes, mule deer). They can also be small scale movement corridors, such as riparian zones, that provide connectivity and cover to support movement at a local scale.

There are no identified movement corridors on or near the Project site. The Project site may be used by transient foragers such as San Joaquin Kit fox. The open landscape creates a foraging habitat, that may be used from time to time by these species. The Project will result in no impacts to fish or wildlife movement corridors, linkages, or nursey sites. 486
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MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.4e – Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The General Plan contains policies aimed at the preservation of biological resources and promotes coordination with federal and State resource agencies. The General Plan outlines a work plan with implementation measures by which to uphold these policies, including biological resource review for proposed projects and development of mitigation measures for these projects.

The City of Visalia Valley Oak Ordinance establishes policies for care, trimming, and removal of Valley Oaks. However, the Project does not conflict with the City of Visalia 2030 General Plan, the Valley Oak Tree Ordinance, or any other local ordinances.

Therefore, there are no impacts with respect to local policies and ordinance, and no measures are warranted adopted or approved plans related to the Project.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.4f – Would the Project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan?
The proposed Project would have a significant effect on biological resources if it would:
a) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan.

According to the California Department of Fish and Wildlife BIOS Map Viewer, the Project is not located within an area covered by Habitat Conservation Plan (HCP) or natural Conservation Community Plan (NCCP), or other approved local, regional, or state habitat conservation plan (California Department of Fish and Wildlife, 2022). Therefore, no Project 487
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impacts related to adopted or approved plans would occur, no measures are warranted, and the Project has no impacts.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.5 - CULTURAL RESOURCES
Would the Project:
a. Cause a substantial adverse change in the
significance of a historical resource pursuant
to CEQA Guidelines Section 15064.5?
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section 15064.5?
c. Disturb any human remains, including those
interred outside of formal cemeteries?

Discussion
The impact analyses in this section based on a Cultural Resources Technical Memorandum, (QK, Inc., 2021b) which is attached as Appendix D.

Impact #3.4.5a – Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5? A cultural resources records search was conducted Southern San Joaquin Valley Information Center (SSJVIC) for the Project. The purpose of the search was to determine whether any known cultural resources or previously conducted cultural resource surveys were located on or near the proposed Project site.

The records search covered an area within one-half mile of the Project and included a review of the National Register of Historic Places, California Points of Historical Interest, California Registry of Historic Resources, California Historical Landmarks, California State Historic Resources Inventory, and a review of cultural resource reports on file.

The records search covered an area within one-half mile of the Project and included a review of the National Register of Historic Places, California Points of Historical Interest, California Registry of Historic Resources, California Historical Landmarks, California State Historic Resources Inventory, and a review of cultural resource reports on file.

The records search indicated that the subject property had never been surveyed for cultural resources and it is not known if any exist on it.
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Three cultural resource studies have been conducted within a half-mile of the project. Only one cultural resource property has been recorded within a half-mile of the proposed project, the historic route of the Southern Pacific/San Joaquin Valley Railroad. The Project will not impact this cultural resource.

A Sacred Lands File request was also submitted to the Native American Heritage Commission. A response dated August 30, 2021, indicates negative results (see Appendix D).

Based on the results of cultural records search findings and the lack of historical or archaeological resources previously identified within a half-mile radius of the proposed Project, the potential to encounter subsurface cultural resources is minimal. Additionally, the Project construction would be conducted within the partially developed and previously disturbed parcel. The potential to uncover subsurface historical or archaeological deposits would be considered unlikely.

However, there is still a possibility that historical or archaeological materials may be exposed during construction. Grading and trenching, as well as other ground-disturbing actions have the potential to damage or destroy these previously unidentified and potentially significant cultural resources within the project area, including historical or archaeological resources. Disturbance of any deposits that have the potential to provide significant cultural data would be considered a significant impact. To reduce the potential impacts of the Project on cultural resources, implementation of CUL-1 and CUL-2, the Project would have a less than significant impact related to cultural resources.

MITIGATION MEASURE(S)
CUL-1: If prehistoric or historic-era cultural materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a qualified archaeologist can evaluate the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the qualified archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from Project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation. Implementation of the mitigation measure below would ensure that the proposed Project would not cause a substantial adverse change in the significance of a historical resource.

CUL-2: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American 490
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involvement, in the event of a discovery of human remains, at the direction of the county coroner.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.5b – Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? See discussion for Impact #3.4.5(a). Although considered unlikely since there is no indication of any historical or archaeological resources on the Project site, subsurface construction activities associated with the proposed Project could potentially damage or destroy previously undiscovered archaeological resources. This is considered a potentially significant impact. Mitigation is proposed requiring implementation of standard inadvertent discovery procedures to reduce potential impacts to previously undiscovered subsurface historical and archaeological resources. To reduce the potential impacts of the Project on cultural resources, implementation of CUL-1 and CUL-2, the Project would have a less than significant impact related to cultural resources

MITIGATION MEASURE(S)
Implement mitigation measure CUL-1 and CUL-2.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.5c – Would the Project disturb any human remains, including those interred outside of formal cemeteries?
See discussion for Impact #3.4.5 - (a). The records searches did not indicate the presence of any human remains, burials, or cemeteries within the Project site. No human remains have been discovered at the Project site, and no burials or cemeteries are known to occur within the area of the Project site. However, construction would involve earth-disturbing activities, and it is still possible that human remains may be discovered, possibly in association with archaeological sites. Mitigation Measure MM CUL-2 has been included in the unlikely event that human remains are found during ground-disturbing activities. Accordingly, this is a potentially significant impact. Mitigation is proposed to reduce this potentially significant impact to a level of less than significant.

MITIGATION MEASURE(S)
Implement mitigation measure CUL-1 and CUL-2.
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact
No
Impact

3.4.6 - ENERGY
Would the Project:
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during Project construction
or operation?
b. Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
Discussion
Impact #3.4.6a – Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation?
CEQA Guidelines require consideration of the potentially significant energy implications of a project. CEQA requires mitigation measures to reduce “wasteful, inefficient and unnecessary” energy usage (Public Resources Code Section 21100, subdivision [b][3]). The means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on renewable energy sources. In particular, the proposed Project would be considered “wasteful, inefficient, and unnecessary” if it were to violate State and federal energy standards and/or result in significant adverse impacts related to Project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation.

The City of Visalia 2030 General Plan discusses how new development would result in increased energy use, in the form of new building energy use and transportation. Both residential and nonresidential development use electricity, natural gas, and petroleum products for power, lighting, heating, and other indoor and outdoor services, while cars use both oil and gas. Use of these types of energy for new development would result in the overall increased use of nonrenewable energy resources. Energy demand during the construction phase would result from the transportation of materials, construction equipment, and construction worker vehicle trips. Compliance with standard regional and local regulations, the Project would minimize fuel consumption during construction. By complying with 493
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standard regional and local regulations, the Project would minimize fuel consumption during construction. Construction-related fuel consumption is not expected to result in inefficient, wasteful, or unnecessary energy use. Thus, construction-related fuel consumption at the Project site would not result in inefficient, wasteful, or unnecessary energy use. The Project would be required to comply with California’s Title 24 energy efficiency requirements and other applicable City development standards. Additionally, the Project will be required to comply with all applicable standards and building codes included in the 2019 California Green Building Standards Code. Therefore, the Project will have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.6b – Would the Project Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
See discussion above for 3.4.6 – ENERGY (a). The Project will not conflict with or obstruct a state or local plan for renewable energy efficiency and will have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact
No
Impact

3.4.7 - GEOLOGY AND SOILS
Would the Project:
a. Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i. Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure,
including liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the loss of
topsoil?
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or offsite landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?
e. Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems in areas where
sewers are not available for the disposal of
wastewater?
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f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Discussion
Impact #3.4.7a(i) – Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
The Alquist-Priolo Earthquake Fault Zoning Act (formerly the Alquist-Priolo Special Studies Zone Act) requires the delineation of zones along active faults in California. The purpose of the Alquist-Priolo Act is to regulate development on or near active fault traces to reduce the hazard of fault rupture; however, surface fault rupture is not necessarily restricted to the area within the Alquist-Priolo Zone. The Alquist-Priolo Act prohibits the location of most structures for human occupancy across active fault traces. Within these zones, cities and counties must regulate certain development, which includes withholding permits until geologic investigations demonstrate that development sites are not threatened by future surface displacement. There are no designated Alquist-Priolo zones in the City of Visalia.

The Project site is identified in the City of Visalia 2030 General Plan as being located within a seismically stable region of the State. While the southern San Joaquin Valley contains some small faults, the closest of these is 30 miles away, and none are known to be active. In comparison to many regions in California, Visalia exhibits relatively little tectonic activity.

The major fault systems in the area include the San Andreas Fault, located 75 miles away from Visalia, and the Owens Valley Fault Group, located east of the Sierras and more than 125 miles away from the City. No active or potentially active faults are known to exist within the Planning Area. The closest potentially active fault is located approximately 25 miles southeast of Visalia but is not known to be active within the last 1.6 million years. The San Andreas and Owens Valley fault systems would not be expected to cause surface fault rupture in the Project area and therefore has a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.7a(ii) – Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking?
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Ground movement during an earthquake can vary depending on the overall moment magnitude, distance to the fault, focus of earthquake energy, and type of geologic material.

As a rule, the greater the earthquake magnitude and the closer the fault rupture to the site, the greater the intensity of ground shaking. However, different geologic materials respond differently to earthquake waves. The composition of underlying soils, even those relatively distant from faults, can intensify ground shaking.

The California Geological Survey and US Geological Survey conducts a Probabilistic Seismic Hazard Analysis based on historic earthquakes, slip rates on major faults and deformation throughout the region, and the potential for amplification of seismic waves by near-surface geologic materials. The resulting earthquake shaking potential is used in developing building code design values, estimating future earthquake losses, and prioritizing earthquake retrofit.

According to the City’s General Plan, the City experiences low levels of shaking, with less frequency, are expected to damage only weaker masonry buildings. However, very infrequent earthquakes could still cause strong shaking but with implementation of Title 24 building requirements and local standards. Therefore, the Project would have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.7a(iii) – Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction?
The susceptibility of land sliding/slope failure is dependent on the slope and geology as well as the amount of rainfall, excavation, or seismic activities. Land that has experienced sliding in the past is often more slide-prone and more sensitive to both human-induced changes and to earthquakes. Earthquake-induced ground failures are unlikely to occur in the City of Visalia because of its relatively stable geologic formation and lack of active faults. Therefore, the Project would have less than significant impacts related to seismic-related ground failure.

Settlement of the ground surface can be accelerated and accentuated by earthquakes. During an earthquake, settlement can occur as a result of the relatively rapid compaction and settling of subsurface materials (particularly loose, non-compacted, and variable sandy sediments) due to the rearrangement of soil particles during prolonged ground shaking.

Settlement can occur both uniformly and differentially (i.e., where adjoining areas settle at different rates). Typically, areas underlain by artificial fills, unconsolidated alluvial sediments, slope wash, and areas with improperly engineered construction fills are susceptible to this type of settlement. During an earthquake, some settlement of soil 497
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materials in Visalia may occur. However, very infrequent earthquakes occur within the City of Visalia and the surrounding region. With implementation of Title 24 building requirements and local standards, the Project would have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.7a(iv) – Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Surface soils exhibit various characteristics dependent on location, slope, parent rock, climate, and drainage. According to the City’s General Plan, surface soils in the City of Visalia range from fine sandy loam and loam to alkali soils. The most prevalent soils are Nord fine sandy loam; Grangeville sandy loam, drained; Tagus loam; and Akers-Akers, saline-sodic, complex. Some soils have the potential to present moderate geologic hazards to building, due to their susceptibility to erosion or to expansion and contraction.

In general, soil containing high amounts of silt can be easily eroded, while sandy soils are less susceptible. Erosion is most likely to occur on sloped areas with exposed soil, especially where unnatural slopes are created by cut-and-fill activities. Soil erosion rates can be higher during the construction phase. Excessive soil erosion can eventually damage building foundations and roadways. Most surface soils in the Planning Visalia General Plan Draft Environmental Impact Report 3.7-2 Area have moderate potential for erosion by water; in some areas, the erosion potential is considered low to moderate, depending on soil depth.

The City of Visalia has adopted the 2019 California Building Code as the City’s building code and ordinance (Title 15: Buildings and Construction). The City’s Subdivision Ordinance requires that a preliminary soils report be provided as part of the application for a tentative subdivision map, unless the city engineer determines that no preliminary analysis is necessary (Title 16: Subdivisions). If the preliminary soils report indicates the presence of expansive soils, settlement, and potential for subsidence, the City will make a recommendation for necessary adjustments to project plans that offset potential soil problems. Adherence to these requirements reduces this impact to a level that is less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Impact #3.4.7b – Would the Project result in substantial soil erosion or the loss of topsoil? Soil erosion occurs when soil is removed by wind and water at a greater rate than it is formed. Soil erosion removes the topsoil first and can continue to transport lower layers.

Future development and creation of new impervious surfaces also has the potential to contribute to increased stormwater runoff, which could make soil erosion more severe if stormwater is not handled properly. Soil erosion at construction sites can increase sedimentation in nearby streams and drainage channels.

Soil erosion can lead to sedimentation of watercourses, eventually having an adverse impact on water quality and aquatic life. Furthermore, once erosion occurs, it may be difficult for natural vegetation to reestablish itself. The loss of topsoil to erosion is detrimental to agriculture and other landscaping. The risk of erosion is greatly increased during grading and construction activities, and agricultural practices, when soils are loosened and bare of vegetation.

Construction activities associated with the proposed Project will disturb surface vegetation and soils and expose these disturbed areas to erosion by wind and water. To reduce the potential for soil erosion and loss of topsoil during construction, the Project would comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit from the State of California Central Valley Regional Water Quality Control Board (RWQCB) during construction. Under the NPDES, the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) are required for construction activities that would disturb an area of one acre or more. An SWPPP must identify potential sources of erosion or sedimentation and identify and implement best management practices (BMPs) that ensure reduced erosion. If an SWPPP was not required, the Project would implement the standard BMPs. Typical BMPs intended to control erosion include sandbags, silt fencing, street sweeping, etc. Mitigation Measure GEO-1 requires the approval of an SWPPP to comply with the NPDES General Construction Permit, if appropriate. Compliance with local grading and erosion control ordinances would also help minimize adverse effects associated with erosion and sedimentation. Any stockpiled soils would be watered and/or covered to prevent loss due to wind erosion as part of the SWPPP during construction.

The Project will comply with all the City’s grading requirements outlined in Title 24 and Appendix J of the California Building Code. The Project is not expected to result in substantial soil erosion or the loss of topsoil with the incorporation of mitigation measure GEO-1.

Once constructed, the Project will have both impermeable surfaces and permeable surfaces.

Impermeable surfaces would include existing roadways, driveways, and structures.

Permeable surfaces would include open areas of the site any landscaped areas. Overall, the development of the Project would not result in conditions where substantial surface soils would be exposed to wind and water erosion.

Therefore, with implementation GEO-1, impacts to soil erosion or the loss of topsoil at the Project site will be reduced to less than significant.
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MITIGATION MEASURE(S)
GEO-1: Prior to issuing of grading or building permits, if required, (a) the Project applicant shall submit to the Lead Agency (1) the approved Storm Water Pollution Prevention Plan (SWPPP) and (2) the Notice of Intent (NOI) to comply with the General National Pollutant Discharge Elimination System (NPDES) from the Central Valley Regional Water Quality Control Board. The requirements of the SWPPP and NPDES shall be incorporated into design specifications and construction contracts. Recommended best management practices for the construction phase may include the following:
• Stockpiling and disposing of demolition debris, concrete, and soil properly. • Protecting existing storm drain inlets and stabilizing disturbed areas. • Implementing erosion controls.
• Properly managing construction materials.
• Managing waste, aggressively controlling litter, and implementing sediment controls.

Evidence of the approved SWPPP shall be submitted to the Lead Agency.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.7c – Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? See above discussions under Impact #3.4.7 (a)(i) - (iv) & (b). The Project will have a less than significant impact with existing state and local requirements and standards.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.7d – Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
See discussion under Impact #3.4.7(a)(iv). The City of Visalia’s Subdivision Ordinance requires a preliminary soils report as part of the application for a tentative subdivision map.

If the preliminary soils report indicates the presence of expansive soils, settlement, and potential for subsidence, the city will make recommendation for necessary adjustments to project plans that offset potential soil problems. Adherence to these requirements will reduce the Project impacts to a level that is less than significant. 500
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MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.7e – Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems in areas where sewers are not available for the disposal of wastewater?
According to the City of Visalia 2030 General Plan Housing Element, housing developments proposed after adoption of the document are not permitted to use septic tanks or alternative wastewater disposal systems since sanitary sewer lines are used for the disposal of wastewater throughout the city. Therefore, the Project will have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.7f – Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Paleontological resources are the mineralized (fossilized) remains of prehistoric plant and animal life exclusive of human remains or artifacts. Fossil remains such as bones, teeth, shells, and leaves are found in geologic deposits (rock formations) where they were originally buried. Fossil remains are considered to be important as they provide indicators of the earth’s chronology and history. These resources are afforded protection under CEQA and are considered to be limited and nonrenewable, and they provide invaluable scientific and educational data.

The Project site does not have any known paleontological resources or unique geologic features. There is no evidence that cultural resources of any type (including historical, archaeological, paleontological, or unique geologic features) exist on the Project site.

Nevertheless, there is some possibility that a buried site may exist in the area and be obscured by vegetation, fill, or other historical activities, leaving no surface evidence.

MITIGATION MEASURE(S)
GEO-2: Prior to any ground-disturbing activities, the Project owner shall develop and implement a Paleontological Worker Education and Awareness Program. If paleontological resources are discovered during ground-disturbing activities (e.g., during Project 501
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construction or decommissioning), all earthwork or other types of ground disturbance within 50 feet of the find shall stop immediately until a qualified professional paleontologist (meeting the standards of the Society of Vertebrate Paleontology [SVP]) can assess the nature and importance of the find. Based on the scientific value or uniqueness of the find, the paleontologist may record the find and allow work to continue or recommend salvage and recovery of the fossil. The paleontologist may also propose modifications to the stop-work radius based on the nature of the find, site geology, and the activities occurring on the site. If treatment and salvage are required, recommendations will be consistent with the Society of Vertebrate Paleontology standards that are current as of the discovery and with currently accepted scientific practice.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated. 502
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact

3.4.8 - GREENHOUSE GAS EMISSIONS
Would the Project:
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b. Conflict with any applicable plan, policy, or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?

The impact analyses in this section based on an Air Quality & Greenhouse Gas Impact Assessment (VRPA Technologies, Inc., 2021), which is attached as Appendix B.

Discussion
Impact #3.4.8a – Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The SJVAPCD does not have an established threshold for GHG emission impacts. South Coast Air Quality Management District (SCAQMD) identifies a threshold of 10,000 MTCO2eq./year for GHG for construction emissions amortized over a 30-year project lifetime, plus annual operation emissions. Although the Project is under SJVAPCD jurisdiction, the SCAQMD GHG threshold provides some perspective on the GHG emissions generated by the Project. Table 9 in the Assessment attached as Exhibit B shows the yearly GHG emissions generated by the Project as determined by the CalEEMod model, which is roughly 70% less than the threshold identified by the SCAQMD, and is shown in Table 3.4.8-1, below.

Table 3.4.8-1
Project Operational Greenhouse Gas Emissions
Summary Report CO2e
Project Operational Emissions Per Year 2,905 MT/yr
Source: (VRPA Technologies, Inc., 2021)
Results indicate that the resulting permanent greenhouse gas increases related to Project operations would be within the greenhouse gas increases analyzed in the City of Visalia 2030 General Plan EIR, so there would be no increase in severity to the previously identified greenhouse gas impacts, and implementation of the Project will not result in Project-specific or site-specific significant adverse impacts from greenhouse gas emissions within the Project 503
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study area. Therefore, no mitigation measures are needed, and impacts are less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.8b – Would the Project conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? California passed the California Global Warming Solutions Act of 2006. AB 32 requires that statewide greenhouse gas (GHG) emissions be reduced to 1990 levels by 2020. Under AB 32, CARB must adopt regulations by January 1, 2011, to achieve reductions in GHGs to meet the 1990 emission cap by 2020. On December 11, 2008, CARB adopted its initial Scoping Plan, which functions as a roadmap of CARB’s plans to achieve GHG reductions in California required by AB 32 through subsequently enacted regulations. CARB’s 2017 Climate Change Scoping Plan builds on the efforts and plans encompassed in the initial Scoping Plan.

SB 375 requires MPOs to adopt a SCS or APS that will prescribe land use allocation in that MPO's regional transportation plan. CARB, in consultation with MPOs, has provided each affected region with reduction targets for GHGs emitted by passenger cars and light trucks in the region for the years 2020 and 2035. For the TCAG region, CARB set targets at thirteen (13) percent per capita decrease in 2020 and a sixteen (16) percent per capita decrease in 2035 from a base year of 2005.

Executive Order B-30-15 establishes a California greenhouse gas reduction target of 40 percent below 1990 levels by 2030 to ensure California meets its target of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050. Executive Order B-30- 15 requires MPO’s to implement measures that will achieve reductions of greenhouse gas emissions to meet the 2030 and 2050 greenhouse gas emissions reductions targets.

As required by California law, city and county General Plans contain a Land Use Element that details the types and quantities of land uses that the city or county estimates will be needed for future growth, and that designate locations for land uses to regulate growth. TCAG uses the growth projections and land use information in adopted general plans to estimate future average daily trips and then VMT, which are then provided to SJVAPCD to estimate future emissions in the AQPs.

The Project would be consistent with the City of Visalia 2030 General Plan upon preparation and approval of a general plan amendment in accordance with General Plan Policy LU-P-33 and LUP-24 and the adopted 2018 RTP/SCS and is therefore consistent with the population growth and VMT applied in those plan documents. Therefore, the Project is consistent with the growth assumptions used in the applicable AQP.
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CARB’s 2017 Climate Change Scoping Plan builds on the efforts and plans encompassed in the initial Scoping Plan. The current plan has identified new policies and actions to accomplish the State’s 2030 GHG limit.

Based on the assessment above, the Project will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The Project furthers the achievement of the County’s greenhouse gas reduction goals. Therefore, any impacts would be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.9 - HAZARDS AND HAZARDOUS MATERIALS
Would the Project:
a. Create a significant hazard to the public or the
environment through the routine transport,
use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c. Emit hazardous emissions or involve
handling hazardous or acutely hazardous
materials, substances, or waste within onequarter mile of an existing or proposed school?
d. Be located on a site that is included on a list of
hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as
a result, would it create a significant hazard
to the public or the environment?
e. For a Project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the Project result
in a safety hazard or excessive noise for
people residing or working in the Project
area?
f. Impair implementation of, or physically
interfere with, an adopted emergency
response plan or emergency evacuation plan?
g. Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury, or death involving wildland fires?
Discussion
Impact #3.4.9a – Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 506
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Project Construction
Project construction-related activities may involve the use and transport of hazardous materials. These materials may include fuels, oils, mechanical fluids, and other chemicals used during construction-related activities. These materials could expose human health or the environment to undue risks associated with their use, and no significant impacts will occur during construction activities.

Transportation, storage, use, and disposal of hazardous materials during construction activities will be required to comply with applicable federal, State, and local statutes and regulations. U.S. Department of Transportation and Caltrans regulate the transportation of hazardous materials. Additionally, the City’s routes that have been designated for hazardous materials transport would be used. Any hazardous waste or debris that is generated during the construction of the proposed Project would be collected and transported away from the site and disposed of at an approved offsite landfill or other such facilities. In addition, sanitary waste generated during construction would be managed through portable toilets located at reasonably accessible onsite locations.

Federal and State laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, transported and disposed of, and in the event that such materials are accidentally released, to prevent or mitigate injury to health or the environment. Laws and regulations require hazardous materials users to train employees to manage them safely. The primary Federal agencies with responsibility for hazardous materials management include the U.S. Environmental Protection Agency (EPA), U.S.

Department of Labor Occupational Safety and Health Administration (OSHA), and the U.S.

Department of Transportation (DOT). In many cases, California State law mirrors or is more restrictive than federal law, and enforcement of these laws has been delegated to the State or a local agency. The General Plan reflects the following objective:
• S-O-3: Protect soils, surface water, and groundwater from contamination from hazardous materials.

Construction activities associated with the proposed Project may involve the temporary transport and use of minor quantities of hazardous materials such as fuels, oils, lubricants, hydraulic fluids, paints and solvents as a result of construction build-out related to residential development. The handling and transport of all hazardous materials onsite would be required to perform in accordance with all applicable federal, State, and local laws and regulations.

Project Operation
Once constructed, the use of such materials as paint, bleach, etc., is considered common for residential developments. It would be unlikely for such materials to be stored or used in such quantities that would be considered a significant hazard. The Project will not generate or use hazardous materials outside health department requirements. Operation activities will 507
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comply with the California Building Code, local building codes, and applicable safety measures.

Based on the analysis above, Project construction and operation are not anticipated to result in significant impacts due to the transportation, use, or disposal of hazardous materials.

Therefore, impacts would be less than significant.

Therefore, the Project will not result in any hazards and hazardous material impacts, and with implementation of standard local, state, and federal requirements regarding handling of hazardous materials, and would have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.9b – Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Hazardous materials handling on the Project site as a result of the residential development may result in soil and groundwater contamination from accidental spills. Construction of the Project would require preparing and implementing an SWPPP, as noted in Impact #3.4.7b..

The SWPPP is a State requirement under the National Pollution Discharge Elimination System (NPDES) permit for construction sites over one acre. The SWPPP identifies potential sources of pollution from the Project that may affect the quality of stormwater discharge and requires that best management practices (BMPs) be implemented to prevent contamination at the source. By implementing BMPs during any future construction activities, accidental spills of hazardous materials would be contained, and soil and groundwater contamination would be minimized or prevented. Development of a SWPPP and associated BMPs shall be determined by the city engineer through standard permitting processes for the Project.

The proposed Project is not anticipated to create a significant hazard to the public or the environment; as mentioned previously, the residential Project would not routinely transport, use, dispose of, or discharge hazardous materials into the environment. With the implementation of GEO-1 during construction, impacts would be less than significant.

MITIGATION MEASURE(S)
Implement mitigation measure GEO-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant with mitigation incorporated. 508
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Impact #3.4.9c – Would the Project emit hazardous emissions or involve handling hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
The nearest school to the Project is Hurley Elementary School, approximately 0.2 miles southeast of the Project site. Construction activities for the residential development could result in the temporary use of hazardous materials and or substances, such as lubricant and diesel fuel during construction. Exhaust from construction and related activities are expected to be minimal and not significant. All future construction related activities as a result of the proposed Project would be subject to local, State, and federal laws related to emissions of hazardous materials and substances. However, construction of the Project would require the use of minimal hazardous materials and require implementation of BMPs when handling any hazardous materials, substances, or waste. As noted in Impact #3.4.3a, emissions from construction and related activities are expected to be minimal and not significant. Once constructed, the residential development is not expected to result in hazardous emissions; therefore, the Project would have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.9d – Would the Project be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? According to EnviroStor (Department of Toxic Substances Control, 2022) the Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

As such, the Project site will not create a significant hazard to the public or the environment and therefore has no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.9e – Would the Project be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, and 509
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would the Project result in a safety hazard or excessive noise for people residing or working in the Project area?
The Project site is located 1.27 miles northeast of the Visalia Municipal Airport and is not located within the Airport Influence Area as indicated in the Tulare County Airport Land Use Compatibility Plan (Tulare County, 2012). Therefore, the proposed Project to develop a 241 single-family residential unit development is compatible and in compliance with the Airport Land Use Compatibility Plan, as it indicated there are no special policies, procedures, and standards referenced in the City’s ordinance. Therefore, the Project will have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.9f – Would the Project impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? The City of Visalia utilized Tulare County’s Emergency Operations Plan, which includes planning and response scenarios for seismic hazards, extreme weather conditions, landslides, dam failure, other flooding, wildland fires, hazardous materials incidents, transportation emergencies, civil disturbance, and terrorist attacks. In addition, the Project would also comply with the appropriate local and State requirements regarding emergency response plans and access (City of Visalia, 2022). The Project would also comply with the appropriate local and State requirements regarding emergency response plans and access.

The proposed Project would not inhibit the ability of local roadways to continue to accommodate emergency response and evacuation activities.

The Traffic Study prepared for the proposed Project did not identify any traffic hazards that impede emergency response or evacuation plans (VRPA Technologies, Inc., 2021a). The Project site and surrounding area are relatively flat, with little to no topography that might obscure visibility to motorists. Additionally, roadway improvements have been proposed to maintain traffic safety with the anticipated increase in vehicle trips. Therefore, impacts would be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Impact #3.4.9g – Would the Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? The land surrounding the Project site is primarily developed with a mix of urban and agricultural uses. The area is not considered to have impacts from wildfires. Further, the Project site is located within the Urban Growth Boundary and the Visalia Sphere of Influence for future development, outside of any natural vegetate community. The Visalia General Plan includes policies that would protect any future development on the Project site and the community from fire dangers.

The Project site is less than 1 mile southwest of the Visalia Fire Department Station 55, the closest fire station. The Project will comply with all applicable State and local building standards as required by local fire codes and impact fees to support additional fire protection services. The Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires.

Therefore, there would be no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact
No
Impact

3.4.10 - HYDROLOGY AND WATER QUALITY
Would the Project:
a. Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or ground
water quality?
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the Project
may impede sustainable groundwater
management of the basin?
c. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river or through the addition of impervious
surfaces, in a manner which would?
i. Result in substantial erosion or
siltation on- or off-site;
ii. Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;
iii. Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
iv. Impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to Project
inundation?
e. Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
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Discussion
Impact #3.4.10a – Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Project construction activities including grading could temporarily increase soil erosion rates during and shortly after Project construction. Construction-related erosion could result in the loss of soil and could adversely affect water quality in nearby surface waters. As noted in Impact 3.4.7a, construction of the proposed Project will be required to prepare a sitespecific SWPPP as required by the RWQCB. The SWPPP is required to be approved by the RWQCB prior to construction that identifies project-specific best management measures that are designed to control drainage and erosion. The Project is also required to implement MM GEO-1 to identify the soil types within the development Project area as part of the preparation of a site-specific SWPPP and related BMPs.

The Project site is located 350 feet north of the Mill Creek Ditch and will not impact this waterway as related to the goals and policies of the General Plan and the updated City of Visalia Waterways and Trails Master Plan, as the site is not adjacent to or within a water corridor.

Therefore, implementation of Project-specific drainage improvements as identified in the city’s standard requirements for subdivisions would reduce the potential for the proposed Project to violate water quality standards during construction to a less than significant impact with mitigation incorporated.

MITIGATION MEASURE(S)
Implement mitigation measure GEO-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.10b – Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin?
The Visalia area is located within the Kaweah Groundwater Subbasin of the San Joaquin Valley Groundwater Basin. The Subbasin’s 696 square miles generally comprises lands in the Kaweah Delta Water Conservation District (KDWCD), and include the Kaweah and St. Johns Rivers, with the former being the primary source of groundwater recharge. The alluvial fans of waterways provide highly permeable areas in which groundwater is readily replenished.

Annual rainfall in Visalia usually ranges from eight to 12 inches; however, there is no estimate of what percentage of rainfall reaches the groundwater supply. Groundwater flow is generally southwestward. Based on groundwater elevation maps, horizontal groundwater barriers do not appear to exist in the subbasin.
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According to the Department of Water Resources, groundwater levels in the subbasin have declined about 12 feet on average from 1970 to 2000, with periodic fluctuations. As population continues to grow and farming practices continue at the current rate, groundwater levels may also decline unless recharge is increased.

According to the General Plan, the City of Visalia and the Kaweah Delta Water Conservation District (KDWCD) have mutual interests in restoring and maintaining groundwater supplies and controlling flood water, and have worked on a number of projects in the past that benefit City and District interests. Visalia has implemented a Groundwater Overdraft Mitigation Ordinance, which imposes a groundwater mitigation fee on new development and a groundwater impact fee on water suppliers. The fees are used to construct and improve groundwater recharge facilities and to purchase water for groundwater recharge. Recharge efforts are coordinated by the City with KDWCD and local irrigation districts.

According to the U.S. Census Bureau, the average household size in Visalia is 3.02 persons (U.S. Census Bureau, 2022);therefore, future development could support approximately 728 people. According to California Water Service’s 2015 UWMP (California Water Service, 2022), the actual water used in 2015 was 160 gallons per capita per day (gpcd). Therefore, the proposed 241 single-family residences would result in estimated water demand of 262,270 gallons/day (728 people x 160 gallons/day = 116,480 gpcd, which 42.5 gallon per capita annually) or approximately 130.4 acre-feet per year.

The City has adopted numerous policies to reduce water demand through conservation and other means and to increase surface water imports to the City and surrounding areas. These include the Groundwater Recharge Fee, Groundwater Impact Fee, Groundwater Mitigation Fee, and the Water Conservation Ordinance.

The developer will be responsible for paying the City of Visalia’s Groundwater Overdraft Mitigation Fee, and therefore the Project will result in a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.10c(i) – Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on-or off-site?
The Project site is mostly flat and would not substantially alter the existing drainage pattern of the site or area. The Project site does not have a stream or river and is approximately 350 feet away from the Mill Creek Ditch. The Project has a proposed storm basin that will collect stormwater runoff on the site. The Project would develop areas of impervious surfaces that 514
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would reduce the rate of percolation at the site, but areas of open space would allow for the percolation of stormwater to recharge the aquifer, or the water would be directed into the City’s existing stormwater sewer system. The Project would comply with applicable City development standards and codes. Therefore, the Project would have a less-than-significant impact on drainage patterns or cause substantial erosion or siltation on or off the site.

As discussed in Impact #3.4.10a above, potential impacts on water quality from erosion and sedimentation are expected to be localized and temporary during construction.

Construction-related erosion and sedimentation impacts due to soil disturbance would be less than significant after implementing an SWPPP (see Mitigation Measure GEO-1) and BMPs required by the NPDES. No drainages or other water bodies are present on the Project site, and therefore, the proposed project would not change the course of any such drainages.

The existing drainage pattern of the site and area would be affected by Project development because of the increase in impervious surfaces at the site. The Project design includes natural features such as landscaping and vegetation that would allow for the percolation of stormwater. However, there will be an addition in impervious surfaces that could increase the potential for stormwater runoff and soil erosion. The Project would connect to existing City stormwater sewer infrastructure. The Project will comply with all applicable local building codes and regulations to minimize impacts during construction and postconstruction. With the implementation of GEO-1, impacts that would result in substantial erosion or siltation on or offsite are less than significant.

MITIGATION MEASURE(S)
Implement mitigation measure GEO-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.10c(ii) – Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? No drainages or other water bodies are present on the Project site. Therefore, the development of the site would not change the course of any such drainages that may potentially result in on or offsite flooding. Water would be used during the temporary construction phase of the Project (e.g., for dust suppression). However, any water used for dust control would be mechanically and precisely applied and would generally infiltrate or evaporate prior to running off.

The Project site is flat, and the proposed grading would not substantially alter the overall topography of the Project site. Although the amount of surface runoff on the Project site would not substantially increase with the construction of the Project, runoff patterns and 515
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concentrations could be altered by grading activities associated with the Project. Improper design of the access road or building pads could alter drainage patterns that would cause flooding on or offsite. The potential for the construction of the proposed Project to alter existing drainage patterns would be minimized through compliance with the preparation of an SWPPP (GEO-1). With the implementation of such measures, the Project would not substantially increase the amount of runoff to result in flooding on or offsite. Impacts would be reduced to less-than-significant levels.

Additionally, with the approval of grading plans and site development requirements by the City Building Division that incorporates BMPs and design standards, the new development operations would not substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or offsite. Impacts would be less than significant with the implementation of GEO-1.

MITIGATION MEASURE(S)
Implement mitigation measure GEO-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.10c(iii) – Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Water would be used during the temporary construction phase of the proposed Project (e.g., for dust suppression). However, any water used for dust control would be mechanically and precisely applied and would generally infiltrate or evaporate prior to running off.

The Project would comply with all applicable State and City codes and regulations. The Project will construct a stormwater retention basin onsite to capture stormwater, and engineering calculations will support the storm drainage plan to ensure that the Project does not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.

Therefore, the Project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.10c(iv) – Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows?
As discussed under Impact #3.4.10(a) – (c)(iii), Project construction activities could potentially alter the course of existing drainage pattern on site. The Project would be required comply with the NPDES Construction General Permit by preparing a SWPPP to specify BMPs to prevent construction pollutants. The proposed Project does not include any construction activities that would direct excess surface waters or impede or redirect any potential flood flows.

Once constructed, there will be imperious surfaces create by the houses, roads, driveways, etc. However, there are also open spaces such as lawns and the proposed park that will allow stormwater to percolate back into the aquifer. The Project would comply with all applicable State and City codes and regulations related to stormwater during construction and postconstruction.

Therefore, the Project impacts would be less than significant.

MITIGATION MEASURE(S)
Implement mitigation measure GEO-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.10d – Would the Project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation?
The Project is located inland and is not located near an ocean or large body of water, and therefore, would not be affected by a tsunami. Since the Project is located in an area that is not susceptible to inundation, the Project would not risk release of pollutants.

There is no potential for the inundation of the Project site by seiche. Therefore, the Project would not contribute to inundation by seiche, tsunami, or mudflow. The Project would have no impact.

MITIGATION MEASURE(S)
No mitigation is required.
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LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.10e – Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? See Impact #3.4.10b.

Implementation of the City of Visalia 2030 General Plan policies, California Water Service’s 2015 Urban Water Management Plan, the Kaweah Delta Water Conservation District (KDWCD) 2010 Groundwater Management Plan, and the City’s involvement with the KDWCD Integrated Regional Water Management Planning (IRWM) program, in addition to the City’s Stormwater Master Plan and Management Program and the Waterways and Trails Master Plan, will address the issues of providing an adequate, reliable, and sustainable water supply for the Project’s future urban domestic and public safety consumptive purposes. The City of Visalia obtains the majority of its domestic water from California Water Service.

Private development participates in the City’s ability to meet water supply goals and initiatives through payment of fees established by the city for construction of recharge facilities, the construction of recharge facilities directly by the Project, or participation in augmentation/enhancement/enlargement of the recharge capability of Fresno Metropolitan Flood Control District storm water ponding basins. While any future development as a result of approval of the proposed Project may be served by conventional groundwater pumping and distribution systems, full development of the Fresno General Plan boundaries may necessitate utilization of treated surface water due to inadequate groundwater aquifer recharge capabilities. The Department of Public Utilities works with Fresno Metropolitan Flood Control District to utilize suitable FMFCD ponding (drainage) basins for the groundwater recharge program and works with Fresno Irrigation District to ensure that the City’s allotment of surface water is beneficially used for intentional groundwater recharge.

The City of Visalia Public Works Department will review any future development as a result of the Project approval and associated water demand analysis to determine if water service will be available through City of Visalia. The future development will be required to show water infrastructure connections to the nearest water main and water mains would be extended within the proposed lot to provide service to each unit created, subject to payment of applicable water charges.

City of Visalia Public Works Department will review the future development on the Project site for compliance with water quality and groundwater management and will determine if water service will be available for the Project. Further, the City’s General Plan includes policies and initiatives to ensure the City promotes water conservation. Therefore, compliance with payment of the City’s Groundwater Overdraft Mitigation Fee would reduce Project impacts to less than significant.
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MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

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Discussion
Impact #3.4.11a – Would the Project physically divide an established community? The Project is surrounded by undeveloped or developed property to the east, agricultural fields to the south and west, and various industrial uses to the north. There is existing residential development to the south.

The Project would increase an established community within the area and promote orderly land use development by providing the ability to develop the 50 acres, which is a supported goal under the General Plan, and, therefore, would have no impact. The Project proposes connecting to existing roadways, providing future connectivity access, and not dividing an established or future community. Future development would not be built in a pre-existing community area and would not create any physical barrier between an established community.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.11b – Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
As proposed, the Project will be consistent with the following City of Visalia 2030 General Plan goals, objectives and policies for Land Use.

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less than
significant
Impact

No
Impact

3.4.11 - LAND USE AND PLANNING
Would the Project:
a. Physically divide an established
community?
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
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The General Plan establishes two new growth boundaries to reflect current conditions and available population and job growth data. The First Tier, also known as the Urban Development Boundary I or UDB (Tier I), is largely coterminous with the 2012 city limits. It comprises slightly over half of the potentially developable land under the Plan, and could support a target buildout population of approximately 160,000. The Second Tier, known as the Urban Development Boundary II or UDB (Tier II) comprises 27,936 acres and could support a target build population of approximately 178,000..

The City of Visalia 2030 General Plan has designated the Project area within the existing and proposed city limits as developable under the Tier 2 Urban Development Boundary. The General Plan established criteria, dependent upon land use type, for when development may advance from the first tier (Tier I) to subsequent tiers (Tiers II and III), which are contained in Policy LU-P-21 of the General Plan. For residential uses, the threshold is the issuance of permits for 5,850 housing units within Tier 1 since April 1, 2010. The City met the residential permit threshold in July 2021 and now considers development located with Tiers 1 and/or 2 (City of Visalia, 2021). The Project will not cause a significant environmental impact due to a conflict with a land use plan, policy, or regulation, as the Project site has been identified for future residential development build-out. The Project will have a less than significant impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

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Discussion
Impact #3.4.12a – Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? According to the City of Visalia 2030 General Plan, the Project site is not located in an area designated for mineral resource preservation or recovery; therefore, the Project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state.

According to the Department of Conservation Division of Mine Reclamation SMARA mapping tool, the nearest open mine (Kaweah South 91-54-0036) to the Project site is approximately 16 miles to the northeast (Department of Conservation, 2022). Additionally, the Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) well finder tool does not designate an active oil or gas well in proximity to the Project site (Department of Conservation, 2022).

The Project will have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.12b – Would the Project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less–thanSignificant
Impact

No
Impact

3.4.12 - MINERAL RESOURCES
Would the Project:

a. Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan?
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The Project site is not delineated on a local general plan, specific plan, or other land use plan as a locally important mineral resource recovery site; therefore, it will not result in the loss of availability of a locally-important mineral resource. Therefore, the Project would have no impact.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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The impact analyses in this section based on an Environmental Noise & Vibration Assessment (Bollard Acoustical Consultants, Inc., 2021), which is attached as Appendix E.

Discussion
Impact #3.4.13a – Would the Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Noise is often described as unwanted sound. Sound is defined as any pressure variation in air that the human ear can detect. The perceived loudness of sounds is dependent upon many factors, including sound pressure level and frequency content. Community noise is commonly described in terms of the ambient noise level, which is defined as the allencompassing noise level associated with a given noise environment.

Construction Noise
During Project construction, heavy equipment would be used for grading excavation, paving, and building construction, which would increase ambient noise levels when in use. Noise levels would vary depending on the type of equipment used, how it is operated, and how well it is maintained. Noise exposure at any single point outside the Project work area would also

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.13 - NOISE
Would the Project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the Project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b. Generation of excessive groundborne
vibration or groundborne noise levels?
c. For a Project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the Project expose people
residing or working in the Project area to
excessive noise levels?
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vary depending upon the proximity of equipment activities to that point. The nearest existing sensitive uses (residential) are located approximately 30 feet away from where construction activities could occur within the Project area.

Based on the equipment noise levels in Table 3.4.13-1 below, worst-case on-site Project construction equipment noise levels at the nearest residential uses located 30 feet away are expected to range from approximately 80 to 89 dB.

Table 3.4.13-1
Construction Equipment Reference and Projected Noise Levels Equipment Description
Maximum Noise Level
at 50 Feet (dB)
Predicted Maximum
Noise Level at 30 Feet
(dB)
Air compressor 80 84
Backhoe 80 84
Ballast equalizer 82 86
Ballast tamper 83 87
Compactor 82 86
Concrete mixer 85 89
Concrete pump 82 86
Concrete vibrator 76 80
Crane, mobile 83 87
Dozer 85 89
Excavator 85 89
Generator 82 86
Grader 85 89
Impact wrench 85 89
Loader 80 84
Paver 85 89
Pneumatic tool 85 89
Pump 77 81
Saw 76 80
Scarifier 83 87
Scraper 85 89
Shovel 82 86
Spike driver 77 81
Tie cutter 84 88
Tie inserter 85 89
Truck 84 88
Source: (Bollard Acoustical Consultants, Inc., 2021)
The Visalia General Plan exterior noise level standard of 65 dB DNL applicable to transportation noise sources affecting residential uses. Therefore, it is possible Project 525
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construction equipment could result in short-term increases over ambient maximum noise levels at nearby existing residential uses. Further, it is possible that those noise levels could exceed the applicable Visalia General Plan and Municipal Code noise level limits. As a result, noise impacts associated with Project’s construction activities are identified as being potentially significant. Therefore, mitigation measures have been proposed to reduce noise impacts to less than significant levels. NSE-1 requires the Project developer or contractor to continuously comply with measures to reduce noise impacts from the Project. This includes restricting construction activities to daylight hours, the use of noise baffles or mufflers on construction equipment, the use of electric equipment, locating equipment in areas away from sensitive receptors, and neighboring property owners will be notify of construction scheudles prior to the start of construction. Implementation of MM NSE-1 will reduce noise impacts to less than significant levels.

Traffic Noise
The development of the Project will result in increased traffic volumes on the local roadway network. Those increases in daily traffic volumes will result in a corresponding increase in traffic noise levels at existing uses located along those roadways. The analyses provided in the study utilized the FHWA Model with traffic input data from the project traffic impact analysis to predict project-generated traffic noise level increases relative to Opening Year, 5- Year Horizon, 10-Year Horizon, and 20-Year Horizon project and no Project conditions (Bollard Acoustical Consultants, Inc., 2021).

The study indicated that the existing ambient noise environment within the Project area is defined primarily by traffic on Shirk Street to the east, and by industrial operations from adjacent uses to the north. It was also concluded that baseline ambient conditions were considerably higher than baseline traffic noise levels.

Based on the analyses provided in the study, including consideration of measured existing ambient noise conditions within the Project area, off-site traffic noise impacts related to increases in traffic resulting from the implementation of the Project are identified as being less than significant.

Industrial Operations Noise at Proposed Residential Uses There are industrial uses adjacent to the north side of the Project boundary that exceed the City of Visalia’s General Plan and Municipal Code daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, respectively (Bollard Acoustical Consultants, Inc., 2021). However, CEQA does not require an analysis of impacts of the existing environment on the Project itself. The noise levels emanating from the neighboring industrial operation would be considered part of the baseline ambient noise levels present at the Project. However, NSE-2 requires the developer to record a covenant on the Project properties disclosing noise impacts from the adjacent industrial uses identified. The covenant, combined with implementation of the City of Visalia’s General Plan and Municipal Code standards for noise impacts will reduce impacts to a less than significant level. 526
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MITIGATION MEASURE(S)
NSE-1: The Project developer or contractor shall continuously comply with the following measures throughout construction activities:
a. Pursuant to Visalia Municipal Code Section 8.36.050(C), the operation of construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment shall not be operated on the project site between the weekday hours of 7:00 p.m. and 6:00 a.m., and between the weekend hours of 7:00 p.m. and 9:00 a.m.
b. All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition.
c. All mobile or fixed noise-producing equipment used on the project site that is regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project construction activity. d. Electrically powered equipment shall be used instead of pneumatic or internal combustion-powered equipment, where feasible.
e. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors. f. Project area and site access road speed limits shall be established and enforced during the construction period.
g. Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.

NSE-2: Prior to final map recordation, the Developer shall record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the Project site.

The covenant will ensure future residential property owners are notified of the potential noise impacts with disclosure language as follows:
“Property owner(s) of lots within the Shepherds Ranch I/ Shepherds Ranch II Project are hereby notified that noise levels from adjacent industrial operations may exceed the City of Visalia 2030 General Plan and Municipal Code daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, respectively.”

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated. 527
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Impact #3.4.13b – Would the Project result in generation of excessive groundborne vibration or groundborne noise levels?
During Project construction, heavy equipment would be used for grading, excavation, paving, and building construction, which would generate localized vibration in the immediate vicinity of the construction. The nearest existing sensitive receptors have been identified as residential structures located approximately 30 feet from construction activities that would occur within the Project area.

The City of Visalia does not currently have adopted standards for groundborne vibration. As a result, the noise study prepared for this Project indicated that the vibration impact criteria developed by the California Department of Transportation (Caltrans) was applied to the Project. Equipment or activities typical of continuous vibration include excavation equipment, static compaction equipment, tracked vehicles, traffic on a highway, vibratory pile drivers, pile-extraction equipment, and vibratory compaction equipment. Equipment or activities typical of single-impact (transient) or low-rate repeated impact vibration include impact pile drivers, blasting, drop balls, “pogo stick” compactors, and crack-and-seat equipment. Table 3.4.13-2 below has identified construction equipment proposed to be utilized for this Project’s construction activities.

Table 3.4.13-2
Vibration Source Levels for Construction Equipment and Projected Levels at 30 Feet Equipment Maximum Vibration Level
at 25 Feet (PPV)1
Predicted Maximum
Vibration Level at 30 Feet
(PPV)
Vibratory roller 0.210 0.160
Hoe ram 0.089 0.068
Large bulldozer 0.089 0.068
Caisson drilling 0.089 0.068
Loaded trucks 0.076 0.058
Jackhammer 0.035 0.027
Small bulldozer 0.003 0.002
1 PPV = Peak Particle Velocity
Source: 2020 FTA Transit Noise and Vibration Impact Assessment Manual and BAC calculations As shown above in Table 3.4.13-2, vibration levels generated from on-site construction activities at the nearest existing sensitive structures located approximately 30 feet away (residences) are predicted to be below the strictest Caltrans thresholds. Further, construction activities are not expected to result in adverse human response relative to the vibration annoyance criteria. Therefore, on-site construction within the Project area is not expected to result in excessive groundborne vibration levels at nearby existing sensitive uses.
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It is expected that the Project would not result in the exposure of persons to excessive groundborne vibration levels at proposed uses of the Project; therefore this impact is less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.13c – Would the Project result in for a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? The Project is located approximately 1 ¼ miles to the northeast of Visalia Municipal Airport.

The Project is geographically located outside of the established 55 dB CNEL airport noise contour not within a safety zone identified in the ALUCP (County of Tulare, 2012).

Impacts are considered to be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less- than
Significant
Impact

No
Impact

3.4.14 - POPULATION AND HOUSING
Would the Project:
a. Induce substantial population unplanned
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b. Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?

Discussion
Impact #3.4.14a – Would the Project induce substantial population unplanned growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed Project includes the development of 240 single-family residences and a 3.051- acre linear park with associated utilities and infrastructure.

Population forecasts adopted by the City’s General Plan indicates growth for the City population of 210,000 people by 2030, with an average annual growth rate of 2.6 percent (City of Visalia, 2014). The total population of the City of Visalia is 141,384 people, and the average persons per household is 3.02 (U.S. Census Bureau, 2022).

As noted previously, the City General Plan has designated the Project site for future urban uses under the Urban Growth Development Tier 2. Implementation of this Project will support the General Plan designation for future urban land use Policy LU-P-21 for residential development. The General Plan established criteria, dependent upon land use type, for when development may advance from the first tier (Tier I) to subsequent tiers (Tiers 2 and 3), which are contained in Policy LU-P-21 of the General Plan. For residential uses, the threshold is the issuance of permits for 5,850 housing units within Tier 1 since April 1, 2010. The City met the residential permit threshold in July 2021 and now considers development located with Tiers 1 and/or 2 (City of Visalia, 2021). Thus, it is anticipated that the area would be residentially developed to meet the housing needs of the City, and the Project will not induce substantial unplanned population growth.
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In addition, it is likely some portion of the people who would purchase Project homes may already reside in Visalia or the surrounding communities, thereby reducing the overall impact on the population the Project may generate. The Project would not include upsizing of offsite infrastructure or roadways. Impacts would be less than significant.

Therefore, Project impacts are considered to be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.14b – Would the Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? The surrounding parcels are developed with residential or industrial uses to the north and east of the Project. The properties to the south and west are undeveloped agricultural land.

The General Plan’s existing land use designations for the Project site are Residential Very Low Density and Residential Low Density. The proposed General Plan Amendment eliminates the Residential Very Low Density designation and increases the acreage of the Residential Low Density designation.

Construction of the Project would likely be completed by construction workers residing in the City or the surrounding area; they would not require new housing. The Project will not result in the displacement of any persons as there are no residential units on the Project site.

As such, no impact associated with displacement of housing or people would occur. In conclusion, with the implementation of the Project, the Project will not result in any population and housing impacts.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.15 - PUBLIC SERVICES
Would the Project:
a. Result in substantial adverse physical
impacts associated with the provision of new
or physically altered governmental facilities,
need for new or physically altered
governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable
service ratios, response times, or to other
performance objectives for any of the public
services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?

Discussion
Impact #3.4.15a(i) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services - Fire Protection? The City of Visalia Fire Station 55 is less than 1 mile southwest of the Project.

Prior to the recordation of the proposed subdivision maps, the developer will be required to pay development impact fees. A portion of those funds will be specifically earmarked for the use of the Fire Department to maintain an adequate level of service within its service boundary. The entire Project, whether submitted in phases or not, will be subject to review by the City of Visalia Engineering, Public Works, and Fire Department in order to determine whether the Projects infrastructure design is in compliance with City policies for development. The Project’s water system will be reviewed to verify that the system can supply the required fire flow for fire protection purposes. The establishment of gallons-per532 Initial Study

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minute requirements for fire flow shall be based on the review of the City of Visalia Fire Department.

Development of the Project will increase the need for fire protection services and expand the service area and response times of the local City Fire Department. As previously mentioned, the Project will be required to adhere to any conditions/policies pertaining to the construction of infrastructure needed for the Visalia Fire Department to provide an adequate level of fire protection service.

According to the General Plan and the standard review procedures for development projects within the City of Visalia, the Project’s plans and permits will be reviewed for input from the Fire Department. The Project’s proposed construction would be located adjacent to existing residential areas, which the City Fire Department already serves. The developer will be required to pay development impact fees to offset growth in population in the area that would impact fire protection. Impacts would be less than significant.

MITIGATION MEASURE(S)
None are required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.15a(ii) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Police Protection? The Visalia Police Department (VPD) provides police protection in the City of Visalia and collaborates with other law enforcement agencies and the District Attorney’s office on crime prevention. The City has approximately 143 sworn officers working out of two districts. The City of Visalia Police Station - District 1office is located approximately 4 miles east, and the District 2 office is approximately 4.5 miles southeast. The District 1 office serves northern Visalia. The Project is proposing development in an area that is adjacent to residential development and undeveloped agricultural land. The Project proposes additional residential development in a previously undeveloped location, which will increase the need for police services. However, the Project will pay appropriate development fees based on the adopted fee calculations and is responsible for constructing any infrastructure needed to serve the Project. Impacts would be less than significant.

MITIGATION MEASURE(S)
None are required.
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.15a(iii) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Schools? Visalia Unified School District (VUSD or District) provides public education from kindergarten through 12th grade in the Planning Area. The nearest schools to the Project site include Hurley Elementary School, located 0.3 miles east, Ridgeview Middle School, located

0.8 miles north, and El Diamonte High School, located 2.2 miles south. The General Plan identifies a need for a total of 21 new schools, including 17 new elementary schools, two middle and two high schools to accommodate projected growth through 2030. The General Plan identifies a proposed school site adjacent to the Project Site on the south boundary. It is noted in the General Plan that specific locations may change depending on a variety of factors, including land availability, infrastructure needs, and financing.

The Project shall implement the City of Visalia’s new development and subdivision requirements related to schools. Pursuant to Government Code Section 66006, school districts must maintain separate capital facilities account for reportable fees, and must make available to the public within 180 days after the last day of each fiscal year a Reportable Fees Report. Pursuant to Government Code Section 66001, school districts must make findings every five years with respect to unexpended funds.

The finalized and most recent Developer Fees Report was made available to the public by the Visalia Unified School District website (Visalia Unified School District, 2022) that includes the School Facility Needs Analysis (SFNA). According to the VUSD Website (Visalia Unified School District, 2022), residential school fees established for developers within the City of Visalia is $4.41 per square foot. The purpose of Developer Fees is for the construction and/or reconstruction of facilities necessary to accommodate the students generated by new residential and commercial development.

According to Government Code Section 65996, the development fees authorized by SB 50 are deemed “full and complete school facilities mitigation.” School districts would utilize the General Plan and codes to establish new school sites and make decisions on school amenities and facility size. The development will be subject to school impact fees to mitigate any increased impacts on school facilities. Project impacts will be less than significant.

MITIGATION MEASURE(S)
None are required.
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.15a(iv) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Parks? Neighborhood and community parks are an important component of the City of Visalia 2030 General Plan, as both recreational and aesthetic resources that contribute to the City’s character. The City maintains several types of parks and facilities. Almost all parkland described here is owned by the City or another public body and used for public recreational purposes, though some small parks are maintained by local landscaping and lighting and lighting district.

Visalia classifies parks and public open space into five general categories. Facilities at each park type vary according to size. Park sizes within the City of Visalia include Pocket Park, Linear park, Community Park, Large City Park, and Natural Corridors and Greenways.

As mentioned in previous sections, the Project contains a 3.05-acre linear park. The developer is required to provide acquisition and development costs associated with the annual established fees as indicated in the City’s municipal code, which would reduce Project impacts to less than significant.

MITIGATION MEASURE(S)
None are required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.15a(v) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Other Public Facilities?
Community facilities are the network of public and private institutions that support the civic and social needs of the population. They offer a variety of recreational, artistic, and educational programs and special events. The City also provides animal control services, refuse pick-up (via an agreement with Tulare County Resource Management Agency and Consolidated Waste Management Authority), and drainage management (City of Visalia, 535
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2014). These services receive funds allocated through the General Fund, usage fees, penalties, or impact fees.

These facilities within the City of Visalia include community centers, civic buildings, libraries, visual and performing arts venues, medical facilities, and other social and community services. The Project is required to implement the City of Visalia’s new development and subdivision requirements related to public facilities, which would reduce Project impacts to be less than significant.

MITIGATION MEASURE(S)
None are required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less–thanSignificant
Impact

No
Impact

3.4.16 - RECREATION
Would the Project:
a. Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b. Include recreational facilities or require the
construction or expansion of recreational
facilities that might have an adverse physical
effect on the environment?

Discussion
Impact #3.4.16a – Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
See discussion under Impact #3.4.11 (b) and Impact #3.4.15 (a)(iv).

Visalia has a number of parks dispersed throughout City neighborhoods. The Riverway Sports Park is approximately 4 miles northeast, Plaza Park is approximately 2 miles southwest, West Main Park is 2.5 miles southeast, and Constitution Park is less than 2 miles southeast of the Project site.

The Project is proposing the development of a park that will be available for the community/public. The City's General Plan defines an overall parkland standard of 7.6 acres per 1,000 residents; however, this total consists of separate standards for city parks, school sites, and private open space. The City has a ratio of five acres of parkland per 1,000 residents. (City of Visalia, 2014).

The Project to develop 241 single-family residences will increase the use of existing neighborhood and regional parks. However, the Project also includes development of a

3.051 acres of linear park along the north boundary of the site, which would decrease existing recreational facility impacts to less than significant.

MITIGATION MEASURE(S)
None are required.
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.16b – Would the Project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?
See discussion under Impact #3.4.11 (b) Impact #3.4.15 (a)(iv) and Impact #3.4.16a. The Project’s linear park would include green space and playground equipment for children. The Project would not cause the construction or expansion of any existing recreational facilities elsewhere off-site. Impacts would be considered as less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

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The impact analyses in this section based on a a revised Traffic Impact Study (VRPA Technologies, Inc., 2022b), which is attached as Appendix F.

Discussion
Impact #3.4.17a – Would the Project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Transit Services
Visalia Transit (VT) is the transit operator in the City of Visalia. The closest is VT Route 10 and Route 11, which runs on W. Noble Avenue (or Highway 198), located approximately 0.7 miles south of the Project site. VT operates several fixed routes that serve city residents with some routes serving the outlying cities and communities. VT operates fixed route service 7 days a week with operational hours Monday through Friday between 6:00 a.m. and 9:30 p.m., 9:00 a.m. and 6:30 p.m. on Saturdays, and between 8:00 a.m. and 6:30 p.m. on Sundays.

Visalia has additional transit services that interconnect to other regional locations that could be reached from Route 10 and Route 11.

The Project is not expected to disrupt or impede existing transit facilities and therefore has a less than significant impact.

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.17 - TRANSPORTATION AND TRAFFIC
Would the Project:
a. Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b. Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, Subdivision
(b)?
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d. Result in inadequate emergency access?
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Bicycle and Pedestrian Facilities
The City’s General Plan Update identifies bicycling and walking as inexpensive, energyconserving, healthful, and non-polluting modes of transportation. Visalia’s flat topography and dry, moderate climate make choosing to walk or bicycle an attractive transportation option during much of the year. The City of Visalia Bikeway Plan was adopted in February 2011 and is intended to guide bikeway policies, programs and facility improvements to improve safety, comfort and convenience for all bicyclists in the City of Visalia.

Currently, no bike lanes exist in the vicinity of the proposed Project site along Road 88 (future collector). However, the City of Visalia Bikeway Plan has identified portions of Road 88 adjacent to the Project site as developed for Greenway street plans, and General Plan Policy T-P-45 requires that collector streets include a bike lane. In addition, North Shirk Street is identified as a Class II Future Bike Lane according to the City’s General Plan. At the time of development, the City will review the Project to identify whether or not a bike lane would be required to be constructed along the Project’s frontage of North Shirk Street.

The Project is not expected to disrupt or impede existing or planned bicycle facilities with implementation of the City’s requirements, and therefore has a less than significant impact.

Pedestrian
Currently, walkways do not exist in the vicinity of the proposed Project site along Road 88 (future collector) on the west side of the Project boundary. The Project proponent will be responsible for implementing all applicable requirements for updating sidewalks and other related infrastructure as directed by the City of Visalia. As stated above under Bicycle and Pedestrian Facilities, implementation of the City’s Bikeway Plan will be required as identified along Road 88 and as reflected in the General Plan for North Shirk Street.

Roadway
Access to and from the Project site will be from Shirk Street, located on the east side of the Project boundary, and from Road 88, located on the west side of the Project boundary. The City General Plan Update indicates that Shirk Street adjacent to the Project is considered a Deferred Arterial that will eventually connect with a proposed upgraded interchange south of the Project on SR 198. The General Plan established LOS “D” as the minimum acceptable LOS standard on city roadways. Although Caltrans has not designated a LOS standard, Caltrans’ Guide for the Preparation of Traffic Impact Studies (December 2002) indicates that when the LOS of a State highway facility falls below the LOS “C/D” in rural areas and the LOS “D/E” in urban areas, additional traffic may have a significant impact.

The following intersections were analyzed for this Project:
• Shirk Street / SR 198 EB Ramps
• Shirk Street / SR 198 WB Ramps
• Shirk Street / Hillsdale Avenue
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• Shirk Street / School Avenue
• Shirk Street / Hurley Avenue
• Shirk Street / Allen Avenue (New Road)
• Shirk Street / Goshen Avenue
• Road 88 / Project Access
• Road 88 / Goshen Avenue
The Project trip generation and design hour volumes shown in Table 3.4.17-1 were estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition.

Table 3.4.17-1
Project Estimated Trips
Peak Hour Trips
Land Use Units
ITE Land
Use Code
Daily Trip
Rate
Daily
Trips
% AM
Peak
% AM
Inbound
% PM
Peak
% PM
Inbound AM In AM Out PM In PM Out
Single
Family
Housing
241 210 9.407 2,267 7.3% 26% 10.0% 63% 43 123 143 84
Total 2,267 Total43 123 143 84
166 227
Source: (VRPA Technologies, Inc., 2022b) Generation factors from ITE Trip Generation Manual, 11th Edition The City adopted a threshold of LOS D for street segments and intersections. Table 3.4.17-2 illustrates the intersections within the scope of the study and indicates the anticipated Level of Service (LOS) prior to and with the addition of Project traffic. In addition to the analysis of the Project, there are several other development projects within the Project’s vicinity that will add additional trips to the study intersections and segments.

Table 3.4.17-2
Intersection Operations

INTERSECTION CONTROL TARGET
LOS
PEAK
HOUR

OPENING YEAR

WITHOUT

PROJECT

OPENING YEAR

PLUS PROJECT
5-YEAR

HORIZON

WITHOUT

PROJECT
5-YEAR

HORIZON PLUS

PROJECT
10-YEAR

HORIZON

WITHOUT

PROJECT
10-YEAR

HORIZONPLUS

PROJECT
20-YEAR

HORIZON

WITHOUT

PROJECT
20-YEAR

HORIZON
PLUS

PROJECT

DELAY LOS DELAY LOS DELAY LOS DELAY LOS DELAY LOS DELAY LOS DELAY LOS DELAY LOS

1. Shirk Street / SR 198 EB Ramps All-Way Stop Sign -- 1 AM 20.1 C 24.1 C 25.6 D 32.8 D 42.6 E 52.5 F 98.6 F 116.0 F PM 26.2 D 34.8 D 27.7 D 49.1 E 57.7 F 62.7 F 130.3 F 148.3 F

2. Shirk Street / SR 198 WB Ramps All-Way Stop Sign -- 1 AM 64.7 F 95.1 F 96.3 F 127.0 F 138.4 F 169.9 F 239.8 F 275.0 F PM 83.0 F 117.4 F 115.4 F 156.7 F 173.6 F 218.4 F 309.5 F 354.3 F

3. Shirk Street / Hills dale Avenue One-Way Stop
Sign
D AM 92.4 F + 140.4 F + 157.9 F + 242.4 F +
PM 54.6 F + 79.0 F + 77.6 F + 121.9 F +

4. Shirk Street / School Avenue One-Way Stop
Sign
D AM 43.1 E + 54.3 F + 56.4 F + 74.5 F +
PM 34.8 D 44.6 E + 42.9 E + 56.4 F +

5. Shirk Street / Hurley Avenue Signalized D AM 18.7 B 19.7 B 21.3 C 22.4 C PM 10.0 B 11.3 B 10.7 B 12.1 B

6. Shirk Street / Allen Avenue One-Way Stop
Sign
D AM 16.6 C 18.1 C
PM 16.5 C 18.0 C

7. Shirk Street / Goshen Avenue Signalized D AM 40.0 D 41.1 D 44.3 D 46.6 D PM 34.4 C 41.9 D 38.0 D 49.0 D
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8. Road 88 / Project Access One-Way Stop
Sign
D AM 8.5 A 8.5 A
PM 8.5 A 8.5 A

9. Road 88 / Goshen Avenue One-Way Stop
Sign
D AM 17.8 C 17.8 C 19.1 C 19.3 C
PM 17.9 C 17.9 C 19.6 C 20.1 C
DELAY is measured in seconds. LOS = Level of Service / BOLD denotes LOS standard has been exceeded For s ignalized and all-way stop intersections, delay results show the average for the entire intersection. For one-way and two-way stop controlled intersections, delay results show the delay for the worst movement.
1 - With the changes brought about by SB 743, Caltrans no longer uses level of service to determine the need for transportation improvements .

Instead, the focus is on providing adequate facilities for pedes trians, bicycles, and transit as well as safety considerations for al l transportation modes . Guidance is provided in the Transportation Impact Study Guide dated May 20, 2020 and the Interim Land Development and O ntergovernmental Review Safety Review Practitioners Guidance dated July 2020. This guidance was us ed in determining the need for roadway improvements on Caltrans facilities.
+ Does not meet peak hour signal warrants. Provided for informational purposes only.

As shown above, three of the study intersections (Shirk Street at SR 198 EB Ramps / Shirk Street at SR 198 WB Ramps / Shirk Street at Hillsdale Avenue / Shirk Street at School Avenue) were found to exceed the City LOS threshold at the opening year and beyond.

The Project will generate approximately 2,267 ADT and will cause, in addition to other nearby developments, significant LOS impacts relating to the generation of unacceptable LOS at three intersections. Mitigation will be required to alleviate the LOS impacts caused by the Project and other proposed development in the area.

Pro-Rate Fair Share of Future Transportation Improvements Based on the results of the capacity analysis and mitigation analysis, improvments are recommended on the Shirk Avenue intersections with the SR 198 Eastbound ramps and Shirk Avenue and Sr 198 Westbound ramps. Traffic signals as well as additional lanes are expected to be needed. Implementation of this level of improvements is beyond the scale of the proposed project and is recommended to be done by others. It is recomened that the Project contribute to the City of Visalia’s traffic impact fee program. Contribution of fees to this program will directly or indirectly contribute to the improvements described below as well as general roadway improvements on the City of Visalia.

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Table 3.4.17-3
20-Year Horizon Equitable Share Responsibility

INTERSECTION PEAK
HOUR

EXISTING PROJECT TRIPS
20-YEAR

HORIZON PLUS

PROJECT

FAIR SHARE

PERCENTAGE
Shirk Street / SR 198 EB Ramps
AM 1,136 77 2,037 8.5%
PM 1,275 79 2,230 8.3%
Shirk Street / SR 198 WB Ramps
AM 1,519 122 2,773 9.7%
PM 1,446 164 2,677 13.3%
Shirk Street / Hillsdale Avenue 1
AM 1,362 122 1,871 24.0%
PM 1,349 164 1,872 31.4%
Shirk Street / School Avenue 1
AM 1,304 122 1,765 26.5%
PM 1,277 164 1,738 35.6%
1 - Provided for inormational purposes only and based on 5-Year Horizon The proposed Project will impact the existing transportation systems and will have an impact on the existing plans, ordinances, or policies related to the effectiveness or performance of the circulation system. Mitigation Measure MM TRA-1 requires the Project developer to pay their impact fees based on the cost to signalize three intersections and citywide improvments. With the implementation of the MM TRA-1, impacts will be less than significant.

MITIGATION MEASURE(S)
TRA-1: Prior to the issuance of building permits, the developer shall pay city wide impact fees in the amount of $1,502,635 for of the following intersections improvements and citywide improvements:
c. Shirk Street at SR 198 EB Ramps:
5-Year With Project and 10-Year With and Without Project Horizon scenarios:
• Installation of traffic signal
20-Year With and Without Project Horizon scenarios:
• Install traffic signal
• Widen the eastbound approach to 1 left turn lane, 1 left-through lane, and 1 right turn lane (adding 1 left turn lane)
d. Shirk Street at SR 198 WB Ramps
Opening Year With and Without Project, 5-Year With and Without Project, and 10- Year Without Project Horizon scenarios:
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• Installation of traffic signal
10-Year With Project and 20-Year With and Without Project Horizon scenarios:
• Intall traffic signal
• Widen the westbound approach to 1 left-through lane and 2 right turn lanes (adding 1 right turn lane)

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.17b – Would the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b)?
Under SB 743, vehicle miles traveled (VMT) is a key measure used for gauging the environmental impacts of projects under CEQA.

VMT Analysis
An assessment of potential VMT impacts associated with the Project was analyzed in the TIS to address changes in CEQA requirements. The VMT analysis compared the Project’s expected VMT/capita to regional averages. The Project’s VMT impacts will be considered less than significant if the VMT per capita is 16 percent below regional averages (or lower).

The Tulare Council of Governments (TCAG) regional travel demand model was used in this calculation. The results are as follows:
• Project VMT/capita: 8.07
• Regional VMT/capita: 11.7
As discussed in Section 3.0 Impacts of the TIS, the potentially significant impacts resulting from the Project relate to the generation of unacceptable LOS at various intersections in the long term. Therefore, the Project’s VMT impacts are less than significant.

MITIGATION MEASURE(S)
None are required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.17c – Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
The Project will be designed to meet current standards and safety regulations. All intersections will be constructed to comply with the City and Caltrans regulations, and 544
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design and safety standards of Chapter 33 of the California Building Codes (CBC) and the guidelines of Title 24 to create safe and accessible roadways.

Vehicles exiting the subdivision will be provided with a clear view of the roadway without obstructions. Landscaping associated with the entry driveways could impede such views if improperly installed. Specific circulation patterns and roadway designs will incorporate all applicable safety measures to ensure that hazardous design features or inadequate emergency access to the site or other areas surrounding the Project area would not occur.

Therefore, the Project will have a less-than-significant impact with the incorporated design features and all applicable rules and regulations.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.17d – Would the Project result in inadequate emergency access? See the discussion in Impact #3.4.9f
State and City Fire Codes establish standards by which emergency access may be determined. The proposed Project would have to provide adequate unobstructed space for fire trucks to turn around. The proposed Project site would have adequate internal circulation capacity, including entrance and exit routes to provide adequate unobstructed space for fire trucks and other emergency vehicles to gain access and to turn around. The proposed Project would not inhibit the ability of local roadways to continue to accommodate emergency response and evacuation activities. Therefore, the Project would result in a lessthan-significant impact associated with emergency access.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less–thanSignificant
Impact

No
Impact

3.4.18 - TRIBAL CULTURAL RESOURCES
Would the Project:
a. Would the Project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
Section 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native American
tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code Section
5020.1(k), or
ii. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resource
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe.

Discussion
Impact #3.4.18a(i) – Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
Native American Tribal Consultation was completed for the Project in compliance with Assembly Bill 52 (AB 52), the California Environmental Quality Act (CEQA), and the Public 546
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Resources Code. A Sacred Land Files search was requested from the Native American Heritage Commission (NAHC), and a response was received on August 30, 2021. As noted, the NAHC Sacred Lands File, results were negative and did not indicate the presence of any cultural places within the Project area.

As noted in Impact $#3.4.5a-b, Cultural Resources, a cultural resources records search was conducted by the Southern San Joaquin Valley Information Center (SSJVIC), National Register of Historic Places, California Points of Historical Interest, California Registry of Historic Resources, California Historical Landmarks, and California State Historic Resources Inventory for the Project. It was noticed that there were no known cultural resources identified in the area.

Only one cultural resource property has been recorded within a half mile of the proposed project, the historic route of the Southern Pacific/San Joaquin Valley Railroad. The Project will not impact this cultural resource.

Although considered unlikely, since there is no indication of any tribal cultural resources on the Project site, subsurface construction activities associated with the proposed Project could potentially damage or destroy previously undiscovered tribal cultural resources. This is considered a potentially significant impact.

With implementation of mitigation measures CUL-1 and CUL-2, the Project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources and therefore impacts would be considered less than significant.

MITIGATION MEASURE(S)
Implement MM CUL-1 and MM CUL-2

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.18a(ii) – Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? See discussion in Section 3.4.5, Cultural Resources and Impact #3.41.18(i) above. 547
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With implemented mitigation measures CUL-1 and CUL-2, the Project would not cause a substantial adverse changes in the significance of a tribal cultural resource. Therefore, impacts are considered less than significant with mitigation measures incorporated.

MITIGATION MEASURE(S)
Implement CUL-1 and CUL-2

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated. 548
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.19 - UTILITIES AND SERVICE SYSTEMS
Would the Project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which would
cause significant environmental effects?
b. Have sufficient water supplies available to
serve the Project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
c. Result in a determination by the wastewater
treatment provider that serves or may serve
the Project that it has adequate capacity to
serve the Project’s projected demand in
addition to the provider’s existing
commitments?
d. Generate solid waste in excess of State or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

Discussion
Impact #3.4.19a – Would the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which would cause significant environmental effects?
The Project proposes to construct new wet and dry utility infrastructure to connect to the existing City and private service provider infrastructure. Services that will be installed during the construction of the Project include water, wastewater, storm drain drainage connections, natural gas, electric power, and telecommunications facilities. The proper sizing and placement of the utilities will be designed per the City and other utility 549
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development design standards. All proposed wet infrastructure will be connected to existing infrastructure already located within the City road rights of way.

The General Plan identifies the existing sewer system lines, which indicates that the Project has the ability to expand on existing pipelines adjacent to the Project on the east side of North Shirk Street where there are single-family residences. It is noted that the storm drainage system lines also follow the existing sewer lines identified and are adjacent to the Project on North Shirk Street to the east.

New development has the potential to cause erosion sediment and surface water run-off that will enter the City’s storm drainage system. As the City expands, more area is made impervious, and urban runoff increases. In order to minimize these impacts, General Plan policies focus on requiring future development projects to minimize runoff into the City’s drainage system and establish development fees from development projects in order to pay for the construction and maintenance of the drainage system.

Southern California Edison provides electric service to Visalia residents. The electrical facilities network includes both overhead and underground lines, with new development required to install underground service lines. Natural gas service is primarily provided by the Southern California Gas Company. There are three major companies that provide communications services in Visalia: AT&T, Sprint, and Verizon. Comcast is the primary cable television and internet provider.

The City of Visalia provides refuse collection for residential customers and many commercial customers, and contracts with Sunset Waste Systems to provide recyclable material processing. The development of single-family residences will be serviced by Sunset Waste Systems.

The proposed Project would be subject to the payment of any applicable connection charges and/or fees and extension of services in a manner that is compliant with the Visalia standards, specifications, and policies. All applicable local, State, and federal requirements and best management practices will be incorporated into the construction and operation of the Project.

As part of the annexation process for the 40 of 50 acres currently located in unincorporated Tulare County, LAFCO will coordinate between urban growth management planning with public and private utilities to determine infrastructure needs, feasibility, timing, and financing. As previously stated, the Project is located within the City’s General Plan’s Tier 2 area identified for expanding urban development; therefore, the Project will have a less than significant impact with implementation of all required federal, State, and local requirements and standards for general utilities.

MITIGATION MEASURE(S)
None are required.
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LEVEL OF SIGNIFICANCE
There would be a less than significant impact.

Impact #3.4.19b – Would the Project have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years?
See Impact #3.4.10b.

The groundwater supply is distributed by the California Water Service Company (Cal Water).

Cal Water Visalia District supply wells extract groundwater from the Kaweah Groundwater Subbasin. The Cal Water system includes 75 operational groundwater wells, about one-third of which have auxiliary power for backup. There are 519 miles of main pipelined in the system, ranging from two inches in diameter to 12 inches in diameter. The Cal Water system includes two elevated 300,000-gallon storage tanks, an ion exchange treatment plant, four granular activated carbon filter plants, and one nitrate blending facility. In addition to the system serving the City of Visalia, Cal Water also operates three other small systems in the Visalia area, defined as Oak Ranch (wells with distribution pipeline), Post Mitts (two wells with distribution pipeline), and Fairway (well with distribution pipeline). These systems are within Cal Water’s Visalia District system but outside Visalia city limits (City of Visalia, 2014).

The system serves an estimated population of 147,000, which could grow to 226,850 by 2045, according to the adopted 2020 UWMP. Cal Water estimated that it was serving 45,325 residential, commercial, and industrial customers in 202020, with expected growth to 79,818 customers (households and businesses) by 2045. Therefore, impacts are considered to be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.19c – Would the Project result in a determination by the wastewater treatment provider that serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? The existing Waste Discharge Requirements placed on the City Water Reclamation Facility (WRF) limit discharge to an average flow of 20 mgd and require that the ammonia concentration in the discharge be reduced to 0.025 mg/l by 2011. The certified EIR for the WRF (called the Water Conservation Plant at the time) analyzed impacts for average flow volumes of 22 mgd and 26 mgd (City of Visalia, 2014).
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With upgrades to the plant processing capabilities and the rerouting of the discharge stream away from Mill Creek completed in 2017/2018, the WRF has sufficient capacity to process the expected flows from land use classifications noted in the proposed General Plan for the near future and would expand its treatment capacity as the need dictates. The projected sanitary sewer flows entering the WRF at the proposed General Plan buildout (25,034,050 gpd in 2030) is expected to be less than the volume previously anticipated for the SWMP (25,949,996 gpd in 2030), meaning further expansions could be delayed. In 2017/2018, the WRF was upgraded to provide the ability to increase capacity to 26 mgd as the demand increases. Additional mandated water conservation measures will likely cause reductions in average daily flows to the WRF. This will also help delay the need for future expansions of the Water Conservation Plant and give the City more flexibility in determining the types of development that are appropriate.

Expansion at the outer rings of the development boundaries will not cause significant impacts to the sewer system since the majority of the area was included in the WRF Solid Waste Master Plan. Thus, the inclusion of the Project’s requirement to account for its impacts on the City’s wastewater system and development impact fees will reduce the overall impact the Project may cause. The impact will be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.19d – Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
The Tulare County Resource Management Agency manages solid waste disposal in accordance with the Tulare County Integrated Waste Management Plan. The County landfills accumulate approximately 300,000 tons of waste per year, which is equivalent to about five pounds per person per day or one ton per County resident per year. The County operates three disposal sites: the Visalia Disposal Site, northwest of Visalia; the Woodville Disposal Site, southeast of Tulare; and the Teapot Dome Disposal Site, southwest of Porterville (City of Visalia, 2014). The City operates its own solid waste disposal fleet.

The California Department of Resources Recycling and Recovery’s Solid Waste Information System (SWIS) manages information regarding the operations and disposal of all solid waste sites throughout California. According to the SWIS database, the Teapot and Visalia Landfills are operationally active. However, the Woodville landfill is operationally inactive (California Department of Resources Recycling and Recovery, 2022). The City will require the appropriate solid waste receptacles (compliance with the California Solid Waste Reuse and Recycling Access Act of 1991) to be provided to the Project. In addition, the Project will be 552
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required to pay solid waste development impact fees, thus reducing the perceived impact the Project may generate. The impact will be less than significant.

The Project does not and would not conflict with federal, State, or local regulations related to solid waste. The proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project’s solid waste disposal needs in compliance with federal, State, and local statutes and regulations related to solid waste.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.19e – Would the Project comply with federal, state, and local statutes and regulations related to solid waste?
See Impact #3.4.19d, above.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.
553
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.20 - WILDFIRE
Would the Project:
a. Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose Project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?
d. Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
Discussion
Impact #3.4.20a – Would the Project substantially impair an adopted emergency response plan or emergency evacuation plan?
Access for emergency vehicles to the site would be maintained throughout the construction period. The Project would not interfere with any local or regional emergency response or evacuation plans and would not result in a substantial alteration to the adjacent and area circulation system. The City has established emergency response and evacuation plans based on the Tulare Emergency Operations Plan. Impacts related to fire hazards and emergency response plans would be less than significant.

MITIGATION MEASURE(S)
No mitigation is required.
554
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LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.20b – Would the Project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? The potential for fire hazard is largely dependent on the extent and type of vegetation, known as surface fuels, that exists within the region. Fire hazards probability is typically highest in undeveloped, heavily wooded areas, as trees are a greater source of fuel rather than lowlying brush or grassland (City of Visalia, 2014).

The City General Plan indicates that a few very small portions of the City are classified by the California Department of Forestry and Fire Protection (CDF) as having moderate fire hazards. In general, the threat of wildland fires in Visalia is minimal because of the area’s flat topography and the relative absence of forests, grassland, and brush. In addition, the CDF designates the Project site as non-wildland/non-urban and adjacent to the urban unzoned area.

In addition, the City requires that any construction comply with the Uniform Fire Code provisions and is subject to review and approval by the City’s Fire Department. Therefore, the impacts related to the Project are considered less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.20c – Would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
See discussion in Impact #3.4.20a-b.

The Project proposes to construct 241 single-family residences and includes the development of infrastructure (water, sewer, electrical power lines, and storm drainage) required to support the proposed residential uses. The Project site is surrounded by existing and future urban development.

The Project would require installing or maintaining additional electrical distribution lines and natural gas lines to connect the residences to the existing utility grid. However, the Project would be constructed in accordance with all local, State, and federal regulations 555
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regarding power lines and other related infrastructure, as well as fire suppression requirements. The design of all proposed utilities will be subject to the review and approval of the City. This will ensure the viability of the utility infrastructure's ability for fire protection and suppression activities. Therefore, impacts for the Project would be considered as less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

Impact #3.4.20d – Would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The topography of the site and surrounding area is relatively flat with little topographic variation and no water features are present within the vicinity of the Project area, noting that the Mill Creek Ditch runs south of the property and is used for agricultural purposes not related to the Project. The surrounding area is predominantly developed with agricultural, residential, and industrial uses. Therefore, there is minimal risk of landslides.

The Project area is located in both a 1% Annual Change of Flood Hazard Zone and 0.2% Annual Chance of Flood Hazard Zone as determined by the Federal Emergency Management Agency (FEMA) Flood Maps and is further surrounded by properties that are identified as an Area of Minimal Flood Hazard. As the Project is a relatively flat area and is not located near a water feature, impacts would be considered as less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact.

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Discussion
Impact #3.4.21a – Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
The Project may have the potential to impact biological and cultural resources as identified in this initial study; however, with implementation of the below mitigation measures, BIO-1 through BIO-8, CUL-1 and CUL-2, the Project impacts would be reduced to less than significant.

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less than
Significant
Impact

No
Impact

3.4.21 - MANDATORY FINDINGS OF

SIGNIFICANCE
a. Does the Project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate
a plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal, or
eliminate important examples of the major
periods of California history or prehistory?
b. Does the Project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
Project are significant when viewed in
connection with the effects of past Projects,
the effects of other current Projects, and the
effects of probable future Projects.)
c. Does the Project have environmental effects
that would cause substantial adverse effects
on human beings, either directly or
indirectly?
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MITIGATION MEASURE(S)
Implement mitigation measures BIO 1 through BIO-8, CUL 1 and CUL-2.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.21b - Does the Project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a Project are significant when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects.)? The Project may have cumulatively considerable impacts related to biological resources, cultural resources, geological resources, noise, and traffic, as identified in this initial study; however, with implementation of Mitigation Measures AG- 1, BIO-1 through BIO-7, CUL-1, CUL-2, GEO-1, GEO-2, NSE-1, NSE-2 and TRA-1, the Project impacts would be reduced to less than significant.

MITIGATION MEASURE(S)
Implement mitigation measures AG- 1, BIO-1 through BIO-7, CUL-1, CUL-2, GEO-1, GEO-2, NSE-1, NSE-2 and TRA-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated.

Impact #3.4.21c - Does the Project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? The Project may have the potential to adversely impact human beings related to biological resources, cultural resources, geological resources, noise, and traffic; however, with implementation of the below Mitigation measures BIO-1 through BIO-7, CUL-1, CUL-2, GEO1, GEO-2, NSE-1, and TRA-1 the Project impacts would be reduced to less than significant.

MITIGATION MEASURE(S)
Implement mitigation measures AG- 1, BIO-1 through BIO-7, CUL-1, CUL-2, GEO-1, GEO-2, NSE-1, TRA-1.

LEVEL OF SIGNIFICANCE
The Project would have a less than significant impact with mitigation incorporated. 558
List of Preparers

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SECTION 4 - LIST OF PREPARERS

4.1 - Lead Agency
• City of Visalia

4.2 - QK Inc.
• Jaymie Brauer – Project Manager
• Kristin Pittack – Lead Author
559
Bibliography

Shepherds Ranch Project March 2023
City of Visalia Page 5-1
SECTION 5 - BIBLIOGRAPHY
Bollard Acoustical Consultants, Inc. (2021). Environmental Noise & Vibration Assessment for Shepherds Ranch I & II. Visalia.

California Department of Conservation. (2021, October). Farmland Mapping and Monitoring Program. Retrieved from https://maps.conservation.ca.gov/dlrp/ciff/ California Department of Fish and Wildlife. (2022). Retrieved from BIOS Map Viewer:
https://www.wildlife.ca.gov/Data/BIOS/Citing-BIOS
California Department of Resources Recycling and Recovery. (2022, Jan 1). CalRecycle.

Retrieved from https://www2.calrecycle.ca.gov/SolidWaste/Site/Search California Water Service. (2022). UWMP Standardized Tables Visalia District 2015 Urban Water Management Plan, Appendix H. Retrieved from CalWater.com:
https://www.calwater.com/docs/uwmp2015/vis/Appendix_H_- _DWR_UWMP_Tables_Worksheets.pdf
California Water Service. (2022). UWMP Standardized Tables Visalia District 2015 Urban Water Management Plan, Appendix H. Retrieved from CalWater.com:
https://www.calwater.com/docs/uwmp2015/vis/Appendix_H_- _DWR_UWMP_Tables_Worksheets.pdf
City of Visalia. (2014, January). General Plan Enviromental Impact Report. Retrieved from https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=30499 City of Visalia. (2014). Visalia General Plan Update.

City of Visalia. (2021). Addendum to the City of Visalia 2030 General Plan Environmental Impact Report (SCH No. 2010041078) for General Plan Amendment No. 2021-01.

Visalia: Provost & Pritchard.

City of Visalia. (2022, January). City of Visalia General Plan - Safety Element. Retrieved from https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=30480 Department of Conservation. (2022, January 1). Division of Oil, Gas, and Geothermal Resource. Retrieved from https://maps.conservation.ca.gov/doggr/wellfinder/#/- 119.30129/36.36088/14
Department of Conservation. (2022, January 1). SMARA mapping tool. Retrieved from https://maps.conservation.ca.gov/mol/index.html
Department of Toxic Substances Control. (2022). EnviroStor. Retrieved from https://dtsc.ca.gov/your-envirostor/
QK, Inc. (2021a). Biological Assessment Report.
560
Bibliography

Shepherds Ranch Project March 2023
City of Visalia Page 5-2
QK, Inc. (2021b). Cultural Resources Technical Memorandum.

Tulare County. (2012). Tulare County Airport Land Use Compatability Plan.

U.S. Census Bureau. (2022). U.S. Census Bureau QuickFacts. Retrieved from QuickFacts Visalia City, California: https://www.census.gov/quickfacts/visaliacitycalifornia Visalia Unified School District. (2022). Visalia Unified School District Annual Report: Public Report of Capital Facilities Fees FY 2020-2021. Retrieved from https://www.vusd.org/site/handlers/filedownload.ashx?moduleinstanceid=24&da taid=90515&FileName=Annual%20Developer%20Fee%20Report%20FY2020- 2021.pdf
Visalia Unified School District. (2022). Visalia Unified School District Developer Fees.

Retrieved from https://www.vusd.org/Page/241
VRPA Technologies, Inc. (2021). Shepherds Ranch Development Air Quality & Greenhouse Gas Impact Assessment.

VRPA Technologies, Inc. (2021a). Shepherds Ranch Residential Development Traffic Impact Study.

VRPA Technologies, Inc. (2022b). Shepherds Ranch Development Traffic Impact Study. 561

APPENDIX A

MITIGATION MONITORING AND REPORTING PROGRAM
562

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

AG - 1: Prior to the issuance of grading or building
permits, the Project proponent shall mitigate impacts
for loss of Prime Farmland and Farmland of Statewide
Importance on the Project site at a 1:1 ratio. The
Project proponent shall implement one or more of the
following measures to mitigate the loss: Payment of InLieu Fees, Mitigation Banks, Fee Title Acquisition, Conservation Easements, and/or Land Use Regulation
on land(s)within the Southern San Joaquin Valley of
California, specifically within Kern County, Tulare
County, Kings County, Fresno County, or Madera
County. The City shall require, at a minimum: evidence
that the preserved land has adequate water supply,
agricultural zoning, evidence of land encumbrance
documentation, documentation that the
easement/regulations are permanent and monitored,
and documentation that the mitigation strategy is
appropriately endowed. This mitigation shall be
verified by the City prior to issuance of grading or
building permits. Should the City of Visalia develop an Agricultural Mitigation Program before future
construction within the Project begins, the Project
proponent shall mitigate for the loss of agricultural
land pursuant to the Program that is adopted by the
City.

Prior to the
Issuance of
Grading or
Building Permits
Contractor/Lead
Agency
563

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

BIO-1: Within 14 days prior to the start of Project
ground-disturbing activities, a pre-activity survey with a 500-foot buffer, where land access is permitted, shall be conducted by a qualified biologist knowledgeable in
the identification of these species and approved by the California Department of Fish and Wildlife (CDFW). If
dens/burrows that could support any of these species
are discovered during the pre-activity survey, the
avoidance buffers outlined below shall be established.

No work shall occur within these buffers unless the
biologist approves and monitors the activity. A copy of the preconstruction survey report shall be submitted
to the lead agency as evidence of compliance.

Burrowing Owl (active burrows)
• Non-breeding season: September 1 – January
31 – 160 feet
• Breeding season: February 1 – August 31 – 250
feet
American Badger/SJKF
• Potential or Atypical den – 50 feet
• Known den – 100 feet
• Natal Den –Contact CDFW for consultation

Within 14 days
prior to the start of
Project grounddisturbance
activities
Contractor/Lead
Agency
BIO-2: A qualified biologist shall remain on-call
throughout the construction phase if a burrowing owl,
Throughout
Project groundContractor
564

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

American badger, or San Joaquin kit fox occurs on the
site during construction. If one of these species occurs on-site, the biologist shall be contacted immediately to determine whether biological monitoring or the
implementation of avoidance buffers may be
warranted.
disturbance
activities
BIO-3: The following avoidance and minimization
measures shall be implemented during all phases of
the Project to reduce the potential for impact from the Project. They are modified from the U.S. Fish and
Wildlife Service (USFWS) Standardized
Recommendations for Protection of the Endangered
San Joaquin Kit Fox Prior to or During Ground
Disturbance.
a. All food-related trash items such as
wrappers, cans, bottles, and food
scraps shall be disposed of in securely
closed containers and removed at
least once a week from the
construction or Project Site.
b. Construction-related vehicle traffic
shall be restricted to established roads
and predetermined ingress and egress
corridors, staging, and parking areas.

Vehicle speeds shall not exceed 20
Throughout
Project grounddisturbance
activities
Contractor
565

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

miles per hour (mph) within the
Project Site.
c. To prevent inadvertent entrapment of
kit fox or other animals during
construction, the contractor shall
cover all excavated, steep-walled holes
or trenches more than two feet deep at
the close of each workday with
plywood or similar materials. If holes
or trenches cannot be covered, one or
more escape ramps constructed of
earthen fill or wooden planks shall be
installed in the trench. Before such
holes or trenches are filled, the
contractor shall thoroughly inspect
them for entrapped animals. All
construction-related pipes, culverts,
or similar structures with a diameter
of four inches or greater that are
stored on the Project Site shall be
thoroughly inspected for wildlife
before the pipe is subsequently buried,
capped, or otherwise used or moved in
any way. If at any time an entrapped or
injured kit fox is discovered, work in
the immediate area shall be
temporarily halted, and USFWS and
566

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

California Department of Fish and
Wildlife (CDFW) shall be consulted.
d. Kit foxes are attracted to den-like
structures such as pipes and may enter
stored pipes and become trapped or
injured. All construction pipes,
culverts, or similar structures with a
diameter of four inches or greater that
are stored at a construction site for
one or more overnight periods shall be
thoroughly inspected for kit foxes
before the pipe is subsequently buried,
capped, or otherwise used or moved in
any way. If a kit fox is discovered
inside a pipe, that section of pipe shall
not be moved until the USFWS and
CDFW have been consulted. If
necessary, and under the direct
supervision of the biologist, the pipe
may be moved only once to remove it
from the path of construction activity
until the fox has escaped.
e. No pets, such as dogs or cats, shall be
permitted on the Project Sites to
prevent harassment, mortality of kit
foxes, or destruction of dens.
567

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

f. Use of anti-coagulant rodenticides and
herbicides in Project Sites shall be
restricted. This is necessary to prevent
primary or secondary poisoning of kit
foxes and the depletion of prey
populations on which they depend. All
uses of such compounds shall observe
labels and other restrictions
mandated by the U.S. Environmental
Protection Agency, California
Department of Food and Agriculture,
and other State and Federal
legislation, as well as additional
Project-related restrictions deemed
necessary by the USFWS and CDFW. If
rodent control must be conducted,
zinc phosphide shall be used because
of the proven lower risk to kit foxes.
g. A representative shall be appointed by
the Project proponent, who will be the
contact source for any employee or
contractor who might inadvertently
kill or injure a kit fox or who finds a
dead, injured, or entrapped kit fox. The
representative shall be identified
during the employee education
program, and their name and
568

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

telephone number shall be provided to
the USFWS.
h. The Sacramento Fish and Wildlife
Office of USFWS and CDFW shall be
notified in writing within three
working days of the accidental death
or injury to an SJKF during Projectrelated activities. Notification must include the date, time, and location of
the incident or of the finding of a dead
or injured animal and any other
pertinent information. The USFWS
contact is the Chief of the Division of
Endangered Species, at the addresses
and telephone numbers below. The
CDFW contact can be reached at (559)
243-4014 and
[email protected].
i. All sightings of the SJKF shall be
reported to the California Natural
Diversity Database (CNDDB). A copy
of the reporting form and a
topographic map clearly marked with
the location of where the kit fox was
observed shall also be provided to the
Service at the address below.
569

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

j. Any Project-related information
required by the USFWS or questions
concerning the above conditions or
their implementation may be directed
in writing to the U.S. Fish and Wildlife
Service at Endangered Species
Division, 2800 Cottage Way, Suite W
2605, Sacramento, California 95825-
1846, phone: (916) 414-6620 or
(916) 414-6600.
k. A copy of the preconstruction survey
report shall be submitted to the lead
agency as evidence of compliance.

BIO-4: If Project construction activities occur during
the Swainson’s hawk nesting season (February 15 to
August 31), pre-construction activity surveys shall be
conducted over the Project area and within 0.5-mile
for Swainson’s hawk nests in accordance with the
Recommended Timing and Methodology for
Swainson’s Hawk Nesting Surveys in California’s
Central Valley, Swainson’s Hawk Technical Advisory
Committee. A copy of the preconstruction survey
report shall be submitted to the lead agency as
evidence of compliance.
14 days prior to
any Project
grounddisturbance
activities occurring
during nesting
season (February
1 to September 15)
Contractor/Lead
Agency
570

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

BIO-5: If an active Swainson’s hawk nest is discovered
at any time within 0.5-mile of active construction, a
qualified biologist shall complete an assessment of the potential for current construction activities to impact the nest. The assessment would consider the type of
construction activities, the location of construction
relative to the nest, the visibility of construction
activities from the nest location, and other existing
disturbances in the area that are not related to the
construction activities of this Project. Based on this
assessment, the biologist will determine if
construction activities can proceed and the level of
nest monitoring required. Construction activities shall not occur within 500 feet of an active nest but
depending upon conditions at the site, this distance
may be reduced. Full-time monitoring to evaluate the
effects of construction activities on nesting Swainson’s hawks may be required. The qualified biologist shall
have the authority to stop work if it is determined that Project construction is disturbing the nest. These
buffers may need to increase depending on the
sensitivity of the nesting Swainson’s hawk to
disturbances and at the discretion of the qualified
biologist.

Throughout
Project grounddisturbance
activities
Contractor
BIO-6: If Project construction activities are initiated during the nesting season (February 1 to September
15), a pre-activity nesting bird survey shall be
conducted within 14 days prior to the start of
construction. The surveys shall encompass the Project
14 days prior to
any Project
grounddisturbance
activities occurring
Contractor/Lead
Agency
571

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

footprint and accessible areas or land visible from
accessible areas within a 250-foot buffer for songbirds and a 500-foot buffer for raptors. If no active nests are found, no further action is required. However, existing nests may become active, and new nests may be built
at any time prior to and throughout the nesting season, including when construction activities are in progress.

If active nests are found during the survey or at any
time during construction of the Project, an avoidance
buffer ranging from 50 feet to 500 feet may be
required, with the avoidance buffer from any specific
nest being determined by a qualified biologist. The
avoidance buffer will remain in place until the biologist has determined that the young are no longer reliant on
the adults or the nest, or if breeding attempts have
otherwise been unsuccessful. Work may occur within the
avoidance buffer under the approval and guidance of the biologist, but full-time monitoring may be required. The biologist shall have the ability to stop construction if nesting adults show any sign of distress. A copy of the preconstruction survey report shall be submitted to
the lead agency as evidence of compliance.
during nesting
season (February
1 to September 15)
BIO-7: Within 14 days prior to the start of ground
disturbance activities, a pre-activity survey shall be
conducted by a qualified biologist knowledgeable in
the identification of all special-status plant and wildlife species with the potential to occur in the vicinity of the Project. All suitable burrows that could support
Within 14 days
prior to the start of
Project grounddisturbance
activities
Contractor/Lead
Agency
572

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

special-status kangaroo rats, Tulare grasshopper
mouse, or other special-status wildlife species shall be avoided during construction in accordance with BIO-5
and BIO-6 unless verification surveys have indicated
that the species are not present. Consultation with the USFWS and CDFW may be required if listed or fully
protected species are detected during the survey. A
copy of the preconstruction survey report shall be
submitted to the lead agency as evidence of
compliance.

BIO-8: Prior to the initiation of construction activities, all construction personnel shall attend a Worker
Environmental Awareness Training program
developed by a qualified biologist. Any personnel
associated with the construction that did not attend
the initial training shall be trained by the authorized biologist prior to working on the project site. Any
employee responsible for the operations and
maintenance or decommissioning of the project
facilities shall also attend the Worker Environmental
Awareness Training program prior to starting work on
the project and on an annual basis. The Program shall
be developed and presented by the project qualified
biologist(s) or designee approved by the qualified
biologist(s). The program shall include information on
the life histories of special-status species with the
potential to occur on the Project, their legal status,
course of action should these species be encountered
on-site, and avoidance and minimization measures to
Prior to any
Project grounddisturbance
activities
Contractor/Lead
Agency
573

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

protect these species. It shall include the components
described below:
a. Information on the life history and
identification of special-status species that may
occur or that may be affected by Project
activities. The program shall also discuss the
legal protection status of each such species, the
definition of “take” under the Federal
Endangered Species Act and California
Endangered Species Act, measures the Project
proponent/operator shall implement to
protect the species, reporting requirements,
specific measures for workers to avoid take of
special-status plant and wildlife species, and
penalties for violation of the requirements
outlined in the California Environmental
Quality Act mitigation measures and agency
permit requirements.
b. An acknowledgment form signed by each
worker indicating that the Worker
Environmental Awareness Training and
Education Program has been completed shall
be kept on file at the construction site. A copy of
the acknowledgment form shall be submitted
to the lead agency as evidence of compliance.
c. A copy of the training transcript and/or
training video, as well as a list of the names of
574

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

all personnel who attended the Worker
Environmental Awareness Training and
Education Program, and signed
acknowledgment forms, shall be submitted to
the City of Tulare Planning Department.
d. A copy of the training transcript, training video,
or informational binder for specific procedures
shall be kept available for all personnel to
review and be familiar with, as necessary.
e. A sticker shall be placed on hard hats indicating
that the worker has completed the Worker
Environmental Awareness Training and
Education Program. Construction workers shall
not be permitted to operate equipment within
the construction areas unless they have
attended the Worker Environmental
Awareness Training and Education Program
and are wearing hard hats with the required
sticker.

The construction crews and contractor(s) shall be
responsible for preventing unauthorized impacts from
project activities to sensitive biological resources that are outside the areas defined as subject to impacts by
Project permits. Unauthorized impacts may result in
project stoppage, and/or fines depending on the
impact and coordination with the California
575

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

Department of Fish and Wildlife and/or U.S. Fish and
Wildlife Service.

CUL-1: If prehistoric or historic-era cultural materials are encountered during construction activities, all
work in the immediate vicinity of the find shall halt
until a qualified archaeologist can evaluate the find
and make recommendations. Cultural resource
materials may include prehistoric resources such as
flaked and ground stone tools and debris, shell, bone,
ceramics, and fire-affected rock as well as historic
resources such as glass, metal, wood, brick, or
structural remnants. If the qualified archaeologist
determines that the discovery represents a potentially
significant cultural resource, additional investigations may be required to mitigate adverse impacts from
Project implementation. These additional studies may
include avoidance, testing, and evaluation or data
recovery excavation. Implementation of the mitigation
measure below would ensure that the proposed
Project would not cause a substantial adverse change
in the significance of a historical resource.

Throughout
Project grounddisturbance
activities
Contractor
576

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

CUL-2: If human remains are discovered during
construction or operational activities, further
excavation or disturbance shall be prohibited
pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and
channels of communication outlined by the Native
American Heritage Commission, in accordance with
Section 7050.5 of the Health and Safety Code, Section
5097.98 of the Public Resources Code (Chapter 1492,
Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed.

Section 7050.5(c) shall guide the potential Native
American involvement, in the event of a discovery of
human remains, at the direction of the county coroner.

Throughout
Project grounddisturbance
activities
Contractor
MM GEO-1: Prior to issuing of grading or building
permits, if required, (a) the Project applicant shall
submit to the Lead Agency (1) the approved Storm
Water Pollution Prevention Plan (SWPPP) and (2) the
Notice of Intent (NOI) to comply with the General
National Pollutant Discharge Elimination System
(NPDES) from the Central Valley Regional Water
Quality Control Board. The requirements of the SWPPP
and NPDES shall be incorporated into design
specifications and construction contracts.

Recommended best management practices for the
construction phase may include the following:
• Stockpiling and disposing of demolition debris,
concrete, and soil properly.

Prior to issuance of
grading or building
permits and initial
ground
disturbance
activities
Contractor/Lead
Agency
577

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

• Protecting existing storm drain inlets and
stabilizing disturbed areas.
• Implementing erosion controls.
• Properly managing construction materials.
• Managing waste, aggressively controlling litter,
and implementing sediment controls.

Evidence of the approved SWPPP shall be submitted to
the Lead Agency.

MM GEO-2: Prior to any ground-disturbing activities,
the Project owner shall develop and implement a
Paleontological Worker Education and Awareness
Program. If paleontological resources are discovered
during ground-disturbing activities (e.g., during
Project construction or decommissioning), all
earthwork or other types of ground disturbance
within 50 feet of the find shall stop immediately until a qualified professional paleontologist (meeting the
standards of the Society of Vertebrate Paleontology
[SVP]) can assess the nature and importance of the
find. Based on the scientific value or uniqueness of the find, the paleontologist may record the find and allow
work to continue or recommend salvage and recovery
of the fossil. The paleontologist may also propose
modifications to the stop-work radius based on the
nature of the find, site geology, and the activities
occurring on the site. If treatment and salvage are
required, recommendations will be consistent with the
Society of Vertebrate Paleontology standards that are
Prior to issuance of
grading or building
permits and during
construction
activities
Contractor/Lead
Agency
578

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

current as of the discovery and with currently
accepted scientific practice.

NSE-1: The Project developer or contractor shall
continuously comply with the following measures
throughout construction activities:
a. Pursuant to Visalia Municipal Code Section

8.36.050(C), the operation of construction
equipment including jackhammers, portable
generators, pneumatic equipment, trenchers,
or other such equipment shall not be operated
on the project site between the weekday hours
of 7:00 p.m. and 6:00 a.m., and between the
weekend hours of 7:00 p.m. and 9:00 a.m.
b. All noise-producing project equipment and
vehicles using internal-combustion engines
shall be equipped with manufacturersrecommended mufflers and be maintained in good working condition.
c. All mobile or fixed noise-producing equipment
used on the project site that is regulated for
noise output by a federal, State, or local agency
Throughout
Project grounddisturbance
activities
Contractor
579

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

shall comply with such regulations while in the
course of project construction activity.
d. Electrically powered equipment shall be used
instead of pneumatic or internal combustionpowered equipment, where feasible. e. Material stockpiles and mobile equipment
staging, parking, and maintenance areas shall
be located as far as practicable from noisesensitive receptors. f. Project area and site access road speed limits
shall be established and enforced during the
construction period.
g. Nearby residences shall be notified of
construction schedules so that arrangements
can be made, if desired, to limit their exposure
to short-term increases in ambient noise levels.

NSE-2: Prior to final map recordation, the Developer
shall record a covenant on all lots to disclose noise
exposure from the stationary industrial equipment
adjacent to the Project site. The covenant will ensure
future residential property owners are notified of the
potential noise impacts as follows:
“Property owner(s) of lots within the
Shepherds Ranch I / Shepherds Ranch II Project
Prior to final map
recordation
Lead Agency
580

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

are hereby notified that noise levels from
adjacent industrial operations may exceed the
City of Visalia 2030 General Plan and Municipal
Code daytime and nighttime noise level
standards of 50 dB Leq/L50 and 45 dB
Leq/L50, respectively.”
TRA-1: Prior to the issuance of building permits, the
developer shall pay city wide impact fees in the
amount of $1,502,635 for of the following
intersections improvements and citywide
improvements:
e. Shirk Street at SR 198 EB Ramps:
5-Year With Project and 10-Year With and
Without Project Horizon scenarios:
• Installation of traffic signal
20-Year With and Without Project Horizon
scenarios:
• Install traffic signal
• Widen the eastbound approach to 1 left
turn lane, 1 left-through lane, and 1 right
turn lane (adding 1 left turn lane)
f. Shirk Street at SR 198 WB Ramps
Prior to the
issuance of grading
or building permits
Contractor/Lead
Agency
581

Mitigation Measure Timeframe Responsible Monitoring
Agency
Date Initial

Opening Year With and Without Project, 5-Year
With and Without Project, and 10-Year Without
Project Horizon scenarios:
• Installation of traffic signal
10-Year With Project and 20-Year With and
Without Project Horizon scenarios:
• Intall traffic signal
Widen the westbound approach to 1 left-through lane
and 2 right turn lanes (adding 1 right turn lane)
582

APPENDIX B

AIR QUALITY & GREENHOUSE GAS IMPACT ASSESSMENT
583

APPENDIX C

BIOLOGICAL ANALYSIS REPORT
584

APPENDIX D

CULTURAL RESOURCES TECHNICAL MEMORANDUM
585

APPENDIX E

NOISE STUDY
586

APPENDIX F

TRAFFIC IMPACT STUDY
587

REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: June 26, 2023
PROJECT PLANNER: Brandon Smith, Principal Planner
Phone No.: (559) 713-4636
Email: [email protected]
SUBJECT: Shepherds Ranch II Tentative Subdivision Map No. 5589: A request to subdivide a 40.44-acre parcel into 200 lots for single-family residential use and additional lots for landscaping, park, and trail purposes, to be located within the R-1-5 (Singlefamily Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations. The Project would result in onsite infrastructure improvements including but not limited to new utilities, new public residential streets, and improvements to the frontage of Road 88.

Tentative Parcel Map No. 2022-03: A request to subdivide 40.44 acres into three parcels for phasing and financing purposes to be located within the R-1-5 (Singlefamily Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations.

Annexation No. 2022-04: A request to annex one parcel totaling approximately

40.44 acres into the city limits of Visalia. Upon annexation, the area would be zoned R-1-5 (Single-family Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations, consistent with the General Plan Land Use Designation of Residential Low Density and Parks/Recreation.

Applicant: D.R. Horton
Location: The project site is located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN: 081-030-080)

STAFF RECOMMENDATION
Shepherds Ranch II Tentative Subdivision Map No. 5589
Staff recommends approval of the Shepherds Ranch II Tentative Subdivision Map No. 5589, as conditioned, based on the findings and conditions in Resolution No. 2022-35. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning and Subdivision Ordinances, Housing Accountability Act (Government Code section 65589.5) and the Visalia Housing Element.

Tentative Parcel Map No. 2022-03
Staff recommends approval of Tentative Parcel Map No. 2022-03, as conditioned, based on the findings and conditions in Resolution No. 2022-36. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning and Subdivision Ordinances.

Annexation No. 2022-04
Staff recommends that the Planning Commission recommend that City Council approve Annexation No. 2022-04, as conditioned, based on the findings in Resolution No. 2022-34. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan.
588

RECOMMENDED MOTION
I move to approve Shepherds Ranch II Tentative Subdivision Map No. 5589, based on the findings and conditions in Resolution No. 2022-35.

I move to approve Tentative Parcel Map No. 2022-03, based on the findings and conditions in Resolution No. 2022-36.

I move to recommend approval of Annexation No. 2022-04, based on the findings and conditions in Resolution No. 2022-34.

PROJECT DESCRIPTION
The applicant, DR Horton, has filed entitlement applications for the annexation of a 40-acre parcel, a tentative subdivision map, and a tentative parcel map.

Annexation No. 2022-04 is a request to annex a 40-acre parcel located outside the city limits and within Tulare County (see Exhibit “B”). Upon annexation, the Zoning designations for the project area will include R-1-5 (Single-Family Residential 5,000 square foot minimum site area) and Q-P (Quasi-Public), consistent with the underlying General Plan land use designation. The Q-P zoning designation would be applied to Outlot C on the tentative subdivision map for the park and trail along the north side of the subdivision adjacent to the Industrial zoning designation.

The Shepherds Ranch II tentative subdivision map is a request to subdivide the 40-acre parcel into a 200-lot single-family residential subdivision at a density of 4.94 dwelling units per acre (see Exhibit “A”). All of the proposed 200 lots will conform to the zoning standards required within the R-1-5 zoning district for lot sizes of 5,000 square feet or greater. The residential lots will utilize standard R-1-5 zone lot and setback criteria, with standard lot sizes ranging between 5,000 to 6,801 square feet and knuckle lots being as large as 10,222 square feet. Ten contiguous lots within the subdivision are shown to serve as a temporary basin due to the area not having the regional basin established for this area. A regional basin will be established at a future date.

The proposed single-family subdivision will be serviced by 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks, and streetlights), sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water). Primary access to the subdivision will be at the northeast corner of the subdivision from Osses Drive, located within the previously approved Shepherds Ranch I Figure 1: Shepherds Ranch II tentative subdivision map, with previously approved Shepherds Ranch I on east side 589
Tentative Subdivision Map. Access will also be obtained from a new street connection, Helen Avenue, to Road 88, which will be constructed in the first phase of the subdivision map.

The subdivision map will include the creation of three lettered lots. Outlots A and B will be established for Landscaping and Lighting District (LLD) purposes, containing landscaping and block walls along Road 88 and portions of lots adjacent to interior street sides on the corner lots (i.e.: Lots 1 & 200). Outlot C will be a 2.63-acre lot ranging from 41 to 138 feet in depth that constitutes a portion of a grater linear park spanning between the Shepherds Ranch I and II subdivisions.

The proposed Tentative Parcel Map will subdivide the subdivision site into three parcels that correspond to the subdivision’s phasing plan. The parcel lines are configured to create a public street connection between the west and east sides of the subdivision with the first phase of development. The three phases, in order, will establish 72 lots, 68 lots, and 60 lots.

The project site is within the City’s Urban Development Boundary (UDB) Tier 2 and is subject to City’s Agricultural Preservation Ordinance. This is discussed in greater detail in the Agricultural Preservation Ordinance section of the staff report below.

The project, together with a 10-acre parcel to the east, is part of a larger 50-acre development collectively known as Shepherds Ranch The 10-acre parcel received approval by the Planning Commission in August 2022 for a 41-lot subdivision, which also included an amendment to the land use designations on the two parcels to remove a Very Low Density Residential designation and add a Parks/Recreation designation adjacent to the neighboring industrial land uses (see Related Projects discussion below).

BACKGROUND INFORMATION
General Plan Land Use Designation: Residential Low Density, Parks / Recreation Zoning (upon annexation to City): R-1-5 (Single-family Residential, 5,000 square foot minimum lot size), QP (Quasi-Public)
Surrounding Zoning and Land Use: North: Light Industrial / Shops & warehouses, outdoor building material storage
South: Residential Very Low Density, Residential
Low Density, Parks-Recreation,
Neighborhood Commercial / Orchards
East: Residential Low Density / Rural residences,
vacant land slated for future Shepherds
Ranch I subdivision
West: Industrial / Row crops
Environmental Review: Initial Study / Mitigated Negative Declaration No. 2023- 32, State Clearinghouse #2023050712
Special Districts: None
Site Plan Review: SPR No. 2021-229

RELATED PLANS & POLICIES
Please see attached summary of related plans and policies. 590

RELATED PROJECTS
The three proposed entitlements pertaining to Shepherds Ranch II, together with three additional entitlements from 2022, constituted the “Shepherds Ranch” project which was scheduled for a public hearing of the Planning Commission on August 8, 2022. Due to the ruling released two weeks prior to the August 8, 2022 Planning Commission meeting that invalidated the City’s approach to remove the requirement to establish an agricultural mitigation program (AMP), the three proposed entitlements pertaining to Shepherds Ranch II were continued to a date uncertain to allow the City to formulate appropriate follow-up action regarding an AMP that would be applicable to Tier II areas.

On August 8, 2022, the Planning Commission recommended City Council approve General Plan Amendment No. 2021-03 and Change of Zone No. 2021-04, and approved Shepherds Ranch I Tentative Subdivision Map No. 5581. The GPA and COZ were an amendment to the land use designation on the two parcels and zoning on one parcel to remove a Very Low Density Residential designation and add a Parks/Recreation designation adjacent to the neighboring industrial land uses. The subdivision was a request to subdivide a 10-acre parcel in the Tier I boundary into 41 lots.

PROJECT EVALUATION
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan.

Specifically, the annexation will facilitate a residential subdivision development on a 40-acre site in a manner that is consistent with residential neighborhoods in the area, and particularly, the approved Shepherds Ranch I neighborhood to the east.

Furthermore, staff recommends approval of Shepherds Ranch II Tentative Subdivision Map No. 5589 and Tentative Parcel Map No. 2022-03 based on the project’s consistency with the Land Use Element of the General Plan, the Zoning and Subdivision Ordinances, Housing Accountability Act (Government Code section 65589.5) and the Visalia Housing Element for approval of the tentative subdivision map. The subdivision map proposes to develop a parcel of land that is designated for residential development at a density prescribed in the 2030 Visalia General Plan.

Furthermore, the project is providing housing that meets the City’s Regional Housing Needs Allocation for the moderate to above-moderate income level.

Annexation No. 2022-04
The project proponents have filed an application to initiate annexation of the 40-acre project site (i.e., Annexation No. 2022-04). The annexation can be supported on the basis that the proposal is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s Land Use Diagram. The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by the local agency formation commission (i.e., LAFCO) but cannot approve a final subdivision map until after the land is annexed and the annexation is recorded through the Tulare County Recorder. Staff has included this requirement as Condition No. 10 of the Shepherds Ranch II Tentative Subdivision Map No. 5589 and Tentative Parcel Map No. 2022-

03. 591
General Plan Consistency
The subdivision’s design pattern and lot pattern consisting of a minimum lot size of 5,000 square feet is consistent with the site’s Residential Low Density land use designation. The entire site has been designated for residential land uses since the adoption of the Visalia General Plan in 2014.

The project is consistent with General Plan Land Use Policy LU-P-55. The policy allows for residential development consistent with the Low Density Residential designation at a density range between two to ten dwelling units per gross acre. The proposed development will be developed at a residential density of 4.94 units per acre consistent with the Low Density Residential General Plan land use designation as well as the R-1-5 zoning district. The policy states: “this designation is intended to provide for single-family subdivisions.” Compatibility with the surrounding area is required by the General Plan in the decision to approve the proposed subdivision. The proposed subdivision meets all codified standards contained in the Zoning and Subdivision Ordinances, as well as all General Plan policies pertaining to residential development.

Staff finds that the proposed tentative subdivision map is compatible with the surrounding area and the Low Density Residential land use designation.

In 2022, General Plan Amendment No. 2021-03 was approved which replaced 13.8 acres of Residential Very Low Density land use designation on the site with approximately 3 acres of Parks/Recreation and the remaining balance as Residential Low Density. The GPA was approved on the basis that it upheld the General Plan’s vision of providing a separation between existing industrial uses and future residential uses. In lieu of the Residential Very Low Density designation which would have created parcels with larger lot depths, a linear park resulting in depths ranging between 101 and 138 feet was created to serve as a buffer. The incorporation of buffering between industrial and residential land uses is further directed by the General Plan in the following Policy LU-P-103:

Require buffering land uses adjacent to existing or planned residential areas adjacent to industrial designations. Such uses may include parks, drainage ponds, open space, or other such uses.

As shown in Exhibit “E”, the entire linear park will contain trees, landscaping, irrigation, and a ½- mile trail extending the entire width from Shirk to Road 88 (i.e., Clancy St.). Playground equipment (tot lot) and a picnic area are also identified in the linear park, and a seven-foot tall block wall will be placed along the abutting north property line.

West of the subdivision across from Road 88 is designated as Industrial land use designation, currently undeveloped and outside of City limits. According to the 2-lane collector cross section shown in Exhibit “A”, the total separation from the industrial property line to the residential property lines will be 94 feet, comprised of the 84-foot ultimate right-of-way width for Road 88 and a 10- foot landscape lot (Outlots A and B). A concrete masonry unit block wall is included within Outlots A and B per City standards.

Street Improvements and Local Street Connectivity
The developer of the Shepherds Ranch II subdivision will be required to construct certain street improvements pertaining to Road 88 (Clancy Street).

Road 88 (Clancy Street) is a designated 84-foot wide collector street. Road 88 is currently improved with asphalt that is unstriped but can accommodate one lane of traffic in each direction (i.e., southbound and northbound). No street frontage improvements exist on either side.

Phase 1 improvements along the right of way within the boundaries of the subdivision map include improving the street to its full width on the east side, which requires an approximately 22-foot wide dedication. Improvements being added by the subdivision will consist of a 6-foot sidewalk, 5-foot 592
parkway, curb, gutter, parking lane, and Class II bike lane. The asphalt will be improved to accommodate two 12-foot travel lanes and one 8-foot park lane. Future industrial development to the west, to be constructed by others, will consist of additional asphalt paving and street frontage improvements.

The portion of Road 88 immediately north of the subdivision will require improvements by the subdivider consisting of additional pavement and transitions from the portion fronting the subdivision, to be installed with Phase 1.

A 10-foot landscape lot outside of the public right-of-way will be dedicated as part of a Landscape and Lighting District which will be formed with the Shepherds Ranch II subdivision map. The Landscape and Lighting District lots are identified as Outlots “A” and “B” on the map (see Exhibit “A”). The establishment of the district provides maintenance of the landscape lots, block walls, street pavement and street lighting. Also, as noted in the Engineering Division’s Site Plan Review comments, all new utilities that will service the residential subdivision will be placed underground.

The Shepherds Ranch II subdivision will not be constructed until the previously approved Shepherds Ranch I subdivision is constructed. Improvements along the Shepherds Ranch I subdivision frontage include improving Shirk Street to its ultimate right-of-way design, excepting a raised median due to constrained right-of-way width south of the property towards Highway 198.

It is anticipated that a majority of the Shepherds Ranch II traffic will be accommodated via the Shepherds Ranch I access point on Shirk Street.

Shirk Street is a designated 110-foot wide arterial street. Shirk Street is currently improved with one southbound and one northbound lane, with partial street frontage improvements on the east side. Shepherds Ranch I will construct typical City Improvements along its frontage on the west side of Shirk Street along the right of way.

A separate capital improvement project (CIP) is planned for the widening of Shirk Street to four lanes between School Avenue (1/4-mile north of State Highway 198) and Riggin Avenue. This project will include buildout of both sides of Shirk between the Shepherds Ranch I site and Goshen Avenue and will include the installation of a two-way left turn lane for the street segment adjacent to the Shepherds Ranch I subdivision allowing for full turning movements. The first phase of the CIP is installation of a sewer trunkline within Shirk Street that will begin in Fall 2023 and will take six months. The second phase of the CIP will be the widening of Shirk to begin immediately after the sewer work, approximately Winter 2024.

Local Street Connectivity: The proposed subdivision includes local street connection to the east for access via the Shepherds Ranch I subdivision. The subdivision also can accommodate a future local street connection to the south from Bernard Avenue, which is aligned along a portion of the south property line in conformance with the City’s Super Block Connectivity standard.

Traffic Impact Study
A Traffic Impact Study (TIS) was prepared for the proposed project (ref.: Iron Ridge Residential Development Traffic Impact Study. VRPA Technologies, Inc., June 27, 2022). The purpose of the study is to analyze traffic conditions related to the development of the subdivision and its projected level of service (LOS) at opening year and at five-year increments, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

The TIS identified four intersections in the project vicinity that would experience unacceptable LOS in the long term.
• The intersections of Shirk and Hillsdale and Shirk and School are forecasted to operate at unacceptable levels under the existing (a.m. only) and opening year scenarios; however, 593
these intersections do not meet traffic signal warrants because the local streets do not carry enough traffic to justify signalization. The future planned widening of Shirk Street will assist in improving traffic flow and safety.
• The intersection of Shirk Street and the State Route 198 Eastbound ramp are forecasted to operate at unacceptable levels under the opening year scenario and at 5-year horizons.

The intersection of Shirk Street and the State Route 198 Westbound ramp is currently operating at unacceptable levels, even without the project. Per discussions with Caltrans, a signalization improvement project is currently being planned, while an entire reconstruction of the interchange is planned in the long term (i.e., over 10 years out). The TIS and the environmental study’s mitigation measures therefore recommend that the project contribute to the City’s traffic impact fee program, which will directly or indirectly contribute to the intersection improvements.

A Vehicle Miles Traveled (VMT) analysis was also conducted by comparing the project’s expected VMT per capita to regional averages. Since the study concluded that the project’s VMT will be

32.8% less than the regional average, meeting the 16% level of significance threshold, the impacts to VMT are concluded to be less than significant.

Acoustical Analysis
An Acoustical Analysis was prepared for the proposed project (ref.: Environmental Noise & Vibration Assessment, Iron Ridge Development I & II. Bollard Acoustical Consultants, March 29, 2022). The purpose of the study is to determine the proposed project’s noise generating impacts pertaining to construction and additional traffic generation, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

In addition, the study was also to determine if existing noise levels associated with the adjacent industrial operations to the north would comply with the City’s applicable noise level standards upon the proposed single-family residential uses. However, CEQA does not require an analysis of off-site impacts on the project itself.

The analysis concluded that an exterior noise level in excess of the daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, specified in the City’s Noise Element, exists on the project site. The study identified one current noise generator in the industrial park, identified on a map (i.e., Figure 5) within the acoustical analysis, that attributed to exceeding the noise level requirements at the recording source. The noise level would be 58 dB at the property line of the nearest single-family residence proposed within the development, not accounting for the addition of a 7-foot tall concrete wall as required by the City Zoning Ordinance. To ensure that residents within the subdivision are familiar with the excess of City standards for noise, the developer will be required to record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the project site. This requirement is addressed as Condition No. 7 of the tentative subdivision map.

An additional mitigation measure is included within the project’s environmental review for CEQA purposes, supported by the acoustical analysis, to address impacts from short-term construction activities.

Park / Open Space
The subdivision will include the construction of a linear park. The park, which will have a QuasiPublic (QP) zoning designation, is planned to be open and accessible to the public and is not planned to be walled or gated along the street frontages. In addition, the park will include a trail that will be internal to the park only and will not connect with other City trails, as there are no other existing or planned trails in the vicinity. The park will not have on-site parking, though on-street parking will be available on the entire north side of the adjoining street. The park will be maintained 594
by a Landscaping and Lighting District assessment similar to pocket parks in other subdivisions, despite the fact that the total park area (2.6 acres within Shepherds Ranch II and over three acres in the entire Shepherds Ranch project) would be significantly larger than most pocket park sizes (generally 0.5 to 2 acres).

A public park is designated by the General Plan to be located directly south of the project, though there is no certain timeframe for annexation and development of this site. The nearest existing public parks to this site are Willow Glen Park and Lions Park, located 1.0 and 1.25 miles to the northeast and east.

Agricultural Preservation Ordinance Requirements
The 40-acre project site is in the City’s Tier II urban development boundary and is designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program.

As a result, the development of this site is subject to the City’s recently adopted Agricultural Preservation Ordinance.

On May 15, 2023, the City Council approved the second and final reading of Ordinance No. 2023- 02, which adopts an addition to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”. This code creates an Agricultural Preservation Ordinance (APO) to implement Visalia General Plan Land Use Policy LU-P-34.

The APO established a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of the ordinance.

The developer of the project is subject to complying with the requirements of the adopted APO since the site is located with the Tier II urban development boundary. The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions. In addition, the preserved land obligation, as established in Section 18.04.070(A), shall be preserved through acquisition of an agricultural easement in accordance with Section 18.04.080, unless eligible for payment of an in-lieu fee in accordance with Section 18.04.090.

The preserved land obligation shall be satisfied prior to issuance of any permit directly authorizing or resulting in disturbance to the project site. Compliance of the ordinance is achieved when either the approved agricultural conservation easement has been recorded or the applicant has remitted the approved in-lieu fee to the qualified entity.

Development Standards
All proposed lots will utilize standard single-family residential standards for lot size and setbacks.

The lots will be required to meet R-1-5 zoning standard setback standards, described in further detail in VMC chapter 17.12 (see attached Related Plans and Policies).

All lots will have lot depths ranging from approximately 95 feet to 105 feet, excepting lots located on cul-de-sac or knuckle street bulbs that account for approximately 4% of the total lot count (i.e., approximately 7 lots). These lots will also be required to utilize standard single-family residential setback standards but are permitted to have a 20-foot setback for front-loading garages as identified in Section 17.12.080.C of the Zoning Ordinance. 595
The setbacks within the R-1-5 zone for lots 5,000 square feet or greater are as follows:

Minimum Lot
Area Front Side Street Side Rear
5,000 sq. ft.
15-ft. to
habitable space.
22-ft. to garage
5-ft. 10-ft.
25-ft. (20-ft. if
conditions are
met)
Landscape and Lighting Assessment District and Block Walls A Landscaping and Lighting District (LLD) will be required for the long-term maintenance of the out lots, including the linear park, which include blocks walls, streetlights, landscaping, and all park amenities as noted on Exhibit “A”.

The block walls along street frontages will be typical City standard block walls. The subdivision map block wall heights will be reduced to three feet where the block wall runs adjacent to the front yard setback areas. The three-foot transition areas are applicable for the corner residential lots within the two subdivisions. Staff has included Map Condition No. 5 to require the stepped down walls.

Infrastructure
Water Service: Staff has included Condition No. 8 that requires a valid Will Serve Letter from the California Water Service Company if, prior to development of the subdivision, the determination of water availability letter lapses.

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

Storm Drainage: The Road 88 alignment indicates installation of a 24” storm drain per the City’s Stormwater Master Plan, which is currently being updated and is subject to change. The subdivision will be required to provide a temporary retention basin which will measure 1.19 acres for storm water drainage, until said time that the City’s master trunk line and regional basis for the area are constructed. The temporary basin will include full improvements to street frontages surrounding the basin.

Consistency with State Housing Accountability Act (Government Code section 66589.5) 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 (Government Code Section 65589.5(j)(1)).

Staff finds that the proposed project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance and single-family residential development standards. The lots proposed within the Shepherds Ranch II subdivision meet and/or exceed the minimum 5,000 square foot lot area. As depicted per the subdivision map, the average lot size is over 5,000 square feet. The subdivision will also comply with the required setbacks and height restrictions per the R-1 standards. The developer is not seeking any concessions and/or deviations to the required setbacks.
596
Subdivision Map Act Findings
California Government Code Section 66474 lists seven findings for which a legislative body of a city or county shall deny approval of a tentative map if it is able to make any of these findings.

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

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

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

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

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

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

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

The site is physically suitable for the proposed
maps and its affiliated development plan, which is
designated as Low Density Residential and
developed at a density of 4.94 units per acre. This
is included as recommended Finding No. 3 of the
Tentative Subdivision and Tentative Parcel Maps.
(d) That the site is not physically suitable for the
proposed density of development.

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

The proposed design and improvements of the
maps have not been found likely to cause
environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. This finding is further supported by the project’s
determination of no new effects under the
Guidelines for the Implementation of the California
Environmental Quality Act (CEQA), included as
recommended Finding No. 6 of the Tentative
Subdivision and Tentative Parcel Maps.
(f) That the design of the subdivision or type of
improvements is likely to cause serious public
health problems.

The proposed design of the map has been found
to not cause serious public health problems. This
is included as recommended Finding No. 2 of the
Tentative Subdivision and Tentative Parcel Maps.
597
(g) That the design of the subdivision or the type
of improvements will conflict with easements,
acquired by the public at large, for access through
or use of property within the proposed
subdivision.

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

Environmental Review
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. Initial Study and Mitigated Negative Declaration No. 2023-32 disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources:
• Eight (8) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to special-status wildlife species (i.e., Swainson's Hawk, San Joaquin Kit Fox, Western Burrowing Owl).
• Two (2) mitigation measures pertaining to Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction.
• One (1) mitigation measure pertaining to submittal of plans for storm water pollution and pollutant discharge to reduce impacts to Soil Erosion or the loss of topsoil at the Project site.
• Two (2) mitigation measures pertaining to Noise to reduce the impacts of the Project related to construction noise and existing nearby industrial uses. • One (1) mitigation measure pertaining to payment of transportation impact fees to reduce impacts to Traffic at the Project site.

One mitigation measure will result in an impact to future residential property owners within the project, wherein covenants will be recorded on all lots to disclose noise exposure from stationary industrial equipment adjacent to the Project site. With the mitigation incorporated into the project, staff concludes that Initial Study and Mitigated Negative Declaration No. 2023-32 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level.

Environmental Review Correspondence
The City received one comment letter in response to the Initial Study / Mitigated Negative Declaration circulated for this project. The letter was received from the San Joaquin Valley Air Pollution Control District and is attached as Exhibit “G”. Upon City’s review, the letter does not raise any concerns regarding the conclusions reached by environmental assessment. The letter does contain several comments and guidance to ensure that the project is meeting all applicable rules, regulations, and requirements. Based on the letter, the City concludes that the findings and conclusions of the Initial Study / Mitigated Negative Declaration are still applicable and that no additional conditions of approval are necessary for the project. The letter has been shared with the developer.
598

RECOMMENDED FINDINGS
Annexation No. 2022-04

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

2. That the proposed Annexation, which will re-designate 40 acres of AE-20 (Agricultural Exclusive 20-acre) County zone district to approximately 2 acres of QP (Quasi-Public) and 38 acres of R-1-5 (Single-family Residential, 5,000 square feet minimum lot size) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

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

4. That the parcel will be annexed into Voting District 3 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2023-32, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

Shepherds Ranch II Tentative Subdivision Map No. 5589 & Tentative Parcel Map No. 2022- 03 1. That the proposed location and layout of the Shepherds Ranch II Tentative Subdivision Map No. 5589, its improvement and design, and the conditions under which it will be maintained, is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 40-acre project site, which is the site of the proposed 200 lot single-family residential subdivision, is consistent with Land Use Policy LU-P-19 of the General Plan. Policy LU-P-19 states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”

2. That the proposed Shepherds Ranch II Tentative Subdivision Map No. 5589, its improvement and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent light industrial land uses based on the inclusion of improvements to the north that include a linear park and sound wall. The project site is bordered by existing residential development to the east and south.

3. That the site is physically suitable for the proposed tentative subdivision map. The project is consistent with the intent of the General Plan and Zoning Ordinance and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision itself is designated as Low Density Residential and developed at a density of 4.94 units per acre.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the proposed Low Density Residential General Plan Land Use Designation and is being developed at a density of 5.29 units per acre. The design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 599
The 200-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording for new street improvements, including the construction of curb, gutter, curb return, sidewalk, parkway landscaping, and pavement.

5. That the design of the proposed subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The 200-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording.

6. The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances. The proposed location of the subdivision 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 identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility. The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.

The proposed project will result in the creation of a new single-family residential development at a density of 4.94 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits.

7. The Housing Accountability Act (Government Code Section 66589.5) 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.

8. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2023-32, is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

RECOMMENDED CONDITIONS
Annexation No. 2022-04

1. Upon annexation, the territory shall be zoned R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) and Q-P (Quasi-Public) consistent with the pre-zoning designated by the General Plan Land Use Map.

2. That the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft PreAnnexation Agreement is attached herein as Attachment “B” of Resolution No. 2022-35. The agreement is subject to final approval by the City Council of the City of Visalia. 600
Shepherds Ranch II Tentative Subdivision Map No. 5589

1. That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2021- 22* incorporated herein by reference.

2. That the Shepherds Ranch II Tentative Subdivision Map No. 5589 be prepared in substantial compliance with the subdivision map in Exhibit “A”.

3. That the subdivision map incorporate a linear park and 7-foot tall wall in Outlot C of the tentative subdivision map as depicted in Exhibit “E” that contains trees, landscaping, irrigation, playground equipment (tot lot), picnic area, and trail improvements. Park improvements shall be installed as follows:
a. A permit application for the improvement plans for the portion of the park and wall located north of Lots 69, 74, and 75 shall be submitted to the City prior to the issuance of the first building permit for a dwelling unit within Phase 1 of the subdivision (as depicted in Exhibit “A”), and the permit application shall be issued and installation of improvements shall commence prior to the final of the first building permit for a dwelling unit within the subdivision.
b. A permit application for the improvement plans for the remaining portion of the park and wall located within Phase 2 shall be submitted to the City prior to the issuance of the first building permit for a dwelling unit within Phase 2 of the subdivision (as depicted in Exhibit “D”), and the permit application shall be issued and installation of improvements shall commence prior to the final of the first building permit for a dwelling unit within Phase 2.

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

5. That the block walls located within the landscape and lighting district Outlots A and B shall transition to three-foot height adjacent to the street side yard setbacks for Lots 1 and 200 of Exhibit “A”.

6. That a concrete block or masonry wall shall be erected and/or improved along the north property line of the Project that is shared with adjacent Light Industrial-designated land uses to a height not less than seven (7) feet.

7. That the mitigation measures found within the Mitigation Monitoring Plan for Mitigated Negative Declaration No. 2023-32 are hereby incorporated as conditions of the Shepherds Ranch II Tentative Subdivision Map # 5589, including but not limited to:
• Prior to final map recordation, the Developer shall record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the Project site. The covenant will ensure future residential property owners are notified of the potential noise impacts as follows:
“Property owner(s) of lots within the Shepherds Ranch I / Shepherds Ranch II Project are hereby notified that noise levels from adjacent industrial operations may exceed the City of Visalia 2030 General Plan and Municipal Code daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, respectively.”

8. That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.
601

9. That the Project shall have its final maps recorded in the phasing succession (i.e. Phase 1, Phase 2, Phase 3) shown on Exhibit “C”, and that no final map shall record prior to the final map recording of all lots associated with the Shepherds Ranch I Tentative Subdivision Map #5581.

10.That approval of the Shepherds Ranch II Tentative Subdivision Map No. 5589 shall not become effective unless Annexation No. 2022-04, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the PreAnnexation Agreement for Annexation No. 2022-04.

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

Tentative Parcel Map No. 2022-03

1. That the project be developed consistent with the comments and conditions of the Site Plan Review No. 2021-229.

2. That Tentative Parcel Map No. 2022-03 be prepared in substantial compliance with Exhibit “C”.

3. That approval of the Tentative Parcel Map No. 2022-03 shall not become effective unless Annexation No. 2022-04, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2022-04.

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

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

Shepherds Ranch II Tentative Subdivision Map No. 5589 and Tentative Parcel Map No. 2022-03
According to the City of Visalia Subdivision Ordinance Section 16.28.080, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe St., Visalia, CA, 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. 602
Attachments:
• Related Plans and Policies
• Resolution No. 2022-34 – Annexation No. 2022-04
- Attachment “A” – Annexation Area
- Attachment “B” – Annexation Agreement
• Resolution No. 2022-35 – Shepherds Ranch II Tentative Subdivision Map No. 5589 • Resolution No. 2022-36 – Tentative Parcel Map No. 2022-03 • Exhibit "A" – Shepherds Ranch II Tentative Subdivision Map No. 5589 • Exhibit “B” – Annexation Area
• Exhibit “C” – Tentative Parcel Map No. 2022-03
• Exhibit "D" – Overall Development Plan
• Exhibit “E” – Linear Park Conceptual Exhibit
• Exhibit “F” – Project Description
• Exhibit “G” – Letter from San Joaquin Valley Air Pollution Control District in regards to Initial Study / Mitigated Negative Declaration
• Initial Study / Mitigated Negative Declaration [Appendices included as electronic attachments:

Air Quality/GHG, Biological, Cultural Resources, Noise / Acoustical Analysis, Traffic Impact Study] • Site Plan Review Item No. 2021-229
• General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map
603

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

General Plan Land Use Policies:

LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy. The General Plan Land Use Diagram establishes three growth rings to accommodate estimated City population for the years 2020 and 2030. The Urban Development Boundary I (UDB I) shares its boundaries with the 2012 city limits. The Urban Development Boundary II (UDB II) defines the urbanizable area within which a full range of urban services will need to be extended in the first phase of anticipated growth with a target buildout population of 178,000. The Urban Growth Boundary (UGB) defines full buildout of the General Plan with a target buildout population of 210,000. Each growth ring enables the City to expand in all four quadrants, reinforcing a concentric growth pattern.

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

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

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

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

LU-O-34 Ensure compatibility between industrial lands and adjacent dissimilar land uses.

LU-P-103 Require buffering land uses adjacent to existing or planned residential areas adjacent to industrial designations. Such uses may include parks, drainage ponds, open space, or other such uses.

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

17.12.010 Purpose and intent.

In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of onefamily dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use. 604

17.12.015 Applicability.

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

17.12.050 Site area.

The minimum site area shall be as follows:

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

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

17.12.060 One dwelling unit per site.

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

17.12.080 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front-loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

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

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

17.12.090 Side yards.

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

B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet. 605
C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.

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

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

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

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

17.12.100 Rear yard.

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

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

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

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

17.12.110 Height of structures.

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

17.12.120 Off-street parking.

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

17.12.130 Fences, walls and hedges.

In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030.
606
Resolution No. 2022-34
RESOLUTION NO. 2022-34

A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
VISALIA RECOMMENDING APPROVAL OF ANNEXATION NO. 2022-04

AND DETACHMENT OF PROPERTY FROM COUNTY SERVICE AREA
NO. 1, PERTAINING TO ONE PARCEL TOTALING APPROXIMATELY

40.44 ACRES INTO THE CITY LIMITS OF VISALIA. UPON ANNEXATION, THE AREA WOULD BE ZONED R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA) AND QP (QUASI-PUBLIC)

ZONE DESIGNATIONS, CONSISTENT WITH THE GENERAL PLAN

LAND USE DESIGNATION OF RESIDENTIAL LOW DENSITY AND
PARKS/RECREATION. THE PROJECT SITE IS LOCATED ON THE EAST SIDE OF ROAD 88, APPROXIMATELY ¼ MILE SOUTH OF WEST
GOSHEN AVENUE. (APN: 081-030-080)
WHEREAS, the project proponents approve to initiate proceedings for annexation to said city of territory described on the attached legal description and annexation map included as Attachments “A” and “B” of this resolution; and WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, did hold a public hearing on June 26, 2023, and WHEREAS, the proponent desires to annex said territory to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) The annexation will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) The annexation will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the territory proposed to be annexed is uninhabited; and WHEREAS, the territory proposed to be annexed is located in Voting District 3 as identified in the Election District Map adopted by the City Council on February 22, 2022 per Resolution No. 2022-11; and
WHEREAS, the Planning Commission reviewed this proposal on June 26, 2023, and found it to be consistent with the General Plan; and 607
Resolution No. 2022-34
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project; and WHEREAS, the Planning Commission hereby makes the following findings with regard to the project:

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

2. That the proposed Annexation, which will re-designate 40 acres of AE-20 (Agricultural Exclusive 20-acre) County zone district to approximately 2 acres of QP (Quasi-Public) and 38 acres of R-1-5 (Single-family Residential, 5,000 square feet minimum lot size) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

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

4. That the parcel will be annexed into Voting District 3 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2023-32, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt Mitigated Negative Declaration No. 2023-32 prepared for Annexation No. 2022-04, Tentative Parcel Map No. 2022-03, and Shepherds Ranch II Tentative Subdivision Map No. 5589 consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

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

1. Upon annexation, the territory shall be zoned R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) and Q-P (Quasi-Public) consistent with the pre-zoning designated by the General Plan Land Use Map.

2. That the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft Pre-Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2022-35. The agreement is subject to final approval by the City Council of the City of Visalia.
608

KELSEY TRACT
NO. 1
16 M 04, T.C.R.
36 ROAD 88 ROAD 88, LLC
D.N.2022-0000663
A.P.N. 081-030-080

40.46 ACRES SHREK ROAD (ROAD 92) PARCEL 1
PM 1908
20 PM 09, T.C.R.

PARCEL 2
PM 1908
20 PM 09, T.C.R.
35 34
Ó
N
LEGEND
NOTE:

N

PERSHING AVENUE

WEST GROVE AVENUE

WEST NICHOLAS COURT

WEST HURLEY AVENUE
WEST GOSHEN AVENUE ROAD 88 ROAD 92
6/20/2022
609
Ó

ADJACENT PROPERTY OWNERS

ASSESSOR PARCEL NUMBERS
610
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EXHIBIT
Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this _____ day of ______________, by and among the City of Visalia, a charter law city (“City’) and Road 88 LLC, (hereinafter “Owner”):

RECITALS
WHEREAS, Owners are the record owners of the property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and
WHEREAS, Owner desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single-family Residential, 5,000 square foot minimum lot size) and Q-P (Quasi-Public) which would permit the Property to be used for land uses consistent with the Low Density Residential and Parks/Recreation General Plan land use designations; and WHEREAS, the Property consists of approximately 40.4 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and for the legal subdivision of the lot, as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _______________, 2023, initiated proceedings to annex the Property; and
WHEREAS, in certain annexation proceedings Williamson Act issues arise which require indemnification of LAFCO, in said event, City requires indemnification from Developer; and
WHEREAS, finding __ of Resolution No. 2023-___ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and
WHEREAS, Owner acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of 611
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the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

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

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

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

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

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

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

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

A. Water Acquisition Policy: Although City’s current water service provider, California Water Service, continues to issue will-serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem. Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water 612
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available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water Conservation District and it has adopted a policy, as set forth in Chapter

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

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

Owner agrees that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes 613
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of limitation related thereto), Owner will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $427 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more final subdivision maps covering the Property and, in the event Owner applies to City for its approval of multiple final maps covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each final subdivision map, with payment to be made on a per map basis upon City’s issuance of each final subdivision map covering the Property. Owner’s satisfaction of its obligations under this Section II(B) will satisfy any and all of Owner’s obligations related to and arising under the General Plan Maintenance Fee.

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

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

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

IV. DEFAULT, REMEDIES AND ENFORCEMENT
In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, the other party may exercise any rights available at law or in equity, including an action for specific performance or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or cancelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.
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V. INDEMNIFICATION
Owner agrees to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, causes of actions, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owner’s property, or which are in any manner connected with the City’s enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option to pay the attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation.

VI. MISCELLANEOUS
a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.
b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement.
d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owner, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King Avenue
Visalia, CA 93291
To Owner: Road 88 LLC
____________________
____________________
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Or such other address as the parties may from time to time designate by giving notice as required hereunder.
e. Entire Agreement. This Agreement represents the entire agreement between the City and Owner as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement.
j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party 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 reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
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n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owner and that Owner is not an agent of City. City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owner joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

CITY
Date: ____________ By: _________________________________ Leslie Caviglia, City Manager
Attest:

Date: ____________ By: _________________________________ Michelle Nicholson, City Clerk
Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson,
City Attorney
OWNER
Date: ____________ By: ________________________________ Road 88 LLC
618
RESOLUTION NO 2022-35

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

VISALIA APPROVING SHEPHERDS RANCH II TENTATIVE
SUBDIVISION MAP NO. 5589: A REQUEST TO SUBDIVIDE A 40.44- ACRE PARCEL INTO 200 LOTS FOR SINGLE-FAMILY RESIDENTIAL

USE AND ADDITIONAL LOTS FOR LANDSCAPING, PARK, AND TRAIL PURPOSES, TO BE LOCATED WITHIN THE R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA) AND QP
(QUASI-PUBLIC) ZONE DESIGNATIONS. THE PROJECT SITE IS
LOCATED ON THE EAST SIDE OF ROAD 88, APPROXIMATELY ¼
MILE SOUTH OF WEST GOSHEN AVENUE. (APN: 081-030-080)
WHEREAS, Shepherds Ranch II Tentative Subdivision Map No. 5589 is a request to subdivide a 40.44-acre parcel into 200 lots for single-family residential use and additional lots for landscaping, park, and trail purposes, to be located within the R-1-5 (Single-family Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations.

The project site is located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN: 081-030-080); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on June 26, 2023; and WHEREAS, the Planning Commission of the City of Visalia finds the Shepherds Ranch II Tentative Subdivision Map No. 5589 in accordance with Chapter 16.16 of the Subdivision Ordinance of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project; and NOW, THEREFORE, BE IT RESOLVED that Mitigated Negative Declaration No. 2023-32 was prepared for Annexation No. 2022-04, Tentative Parcel Map No. 2022-03, and Shepherds Ranch II Tentative Subdivision Map No. 5589 consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed location and layout of the Shepherds Ranch II Tentative Subdivision Map No. 5589, its improvement and design, and the conditions under which it will be maintained, is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 40-acre project site, which is the site of the proposed 200 lot single-family residential subdivision, is consistent with Land Use Policy LU-P-19 of the General Plan. Policy LU-P-19 states “ensure that growth occurs 619
Resolution No. 2022-35
in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”

2. That the proposed Shepherds Ranch II Tentative Subdivision Map No. 5589, its improvement and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent light industrial land uses based on the inclusion of improvements to the north that include a linear park and sound wall. The project site is bordered by existing residential development to the east and south.

3. That the site is physically suitable for the proposed tentative subdivision map. The project is consistent with the intent of the General Plan and Zoning Ordinance and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision itself is designated as Low Density Residential and developed at a density of 4.94 units per acre.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the proposed Low Density Residential General Plan Land Use Designation and is being developed at a density of 5.29 units per acre. The design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 200-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording for new street improvements, including the construction of curb, gutter, curb return, sidewalk, parkway landscaping, and pavement.

5. That the design of the proposed subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The 200-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording.

6. The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances. The proposed location of the subdivision 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 identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility.

The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.

The proposed project will result in the creation of a new single-family residential development at a density of 4.94 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits. 620
Resolution No. 2022-35

7. The Housing Accountability Act (Government Code Section 66589.5) 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.

8. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant, and that Mitigated Negative Declaration No. 2023-32 is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

BE IT FURTHER RESOLVED that the Planning Commission hereby approves the tentative subdivision map on the real property herein above described in accordance with the terms of this resolution under the provisions of Section 16.16.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2021-22* incorporated herein by reference.

2. That the Shepherds Ranch II Tentative Subdivision Map No. 5589 be prepared in substantial compliance with the subdivision map in Exhibit “A”.

3. That the subdivision map incorporate a linear park and 7-foot tall wall in Outlot C of the tentative subdivision map as depicted in Exhibit “E” that contains trees, landscaping, irrigation, playground equipment (tot lot), picnic area, and trail improvements. Park improvements shall be installed as follows:
a. A permit application for the improvement plans for the portion of the park and wall located north of Lots 69, 74, and 75 shall be submitted to the City prior to the issuance of the first building permit for a dwelling unit within Phase 1 of the subdivision (as depicted in Exhibit “A”), and the permit application shall be issued and installation of improvements shall commence prior to the final of the first building permit for a dwelling unit within the subdivision. b. A permit application for the improvement plans for the remaining portion of the park and wall located within Phase 2 shall be submitted to the City prior to the issuance of the first building permit for a dwelling unit within Phase 2 of the subdivision (as depicted in Exhibit “D”), and the permit application shall be issued and installation of improvements shall commence prior to the final of the first building permit for a dwelling unit within Phase 2.
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4. That all lots that are a minimum of 5,000 square feet in area shall comply with the R1-5 (Single-Family Residential 5,000 sq. ft. min. site area) zone district standards for the front, side, street side yard, and rear yard setbacks.

5. That the block walls located within the landscape and lighting district Outlots A and B shall transition to three-foot height adjacent to the street side yard setbacks for Lots 1 and 200 of Exhibit “A”.

6. That a concrete block or masonry wall shall be erected and/or improved along the north property line of the Project that is shared with adjacent Light Industrial-designated land uses to a height not less than seven (7) feet.

7. That the mitigation measures found within the Mitigation Monitoring Plan for Mitigated Negative Declaration No. 2023-32 are hereby incorporated as conditions of the Shepherds Ranch II Tentative Subdivision Map # 5589, including but not limited to:
• Prior to final map recordation, the Developer shall record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the Project site. The covenant will ensure future residential property owners are notified of the potential noise impacts as follows:
“Property owner(s) of lots within the Shepherds Ranch I / Shepherds Ranch II Project are hereby notified that noise levels from adjacent industrial operations may exceed the City of Visalia 2030 General Plan and Municipal Code daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, respectively.”

8. That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.

9. That the Project shall have its final maps recorded in the phasing succession (i.e.

Phase 1, Phase 2, Phase 3) shown on Exhibit “C”, and that no final map shall record prior to the final map recording of all lots associated with the Shepherds Ranch I Tentative Subdivision Map #5581.

10.That approval of the Shepherds Ranch II Tentative Subdivision Map No. 5589 shall not become effective unless Annexation No. 2022-04, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2022-04.

11.That all applicable federal, state, regional, and city policies and ordinances be met. 622
Resolution No. 2022-36
RESOLUTION NO. 2022-36

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
VISALIA APPROVING TENTATIVE PARCEL MAP NO. 2022-03, A
REQUEST TO SUBDIVIDE 40.44 ACRES INTO THREE PARCELS FOR

PHASING AND FINANCING PURPOSES TO BE LOCATED WITHIN THE R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA) AND QP (QUASI-PUBLIC) ZONE DESIGNATIONS. THE
PROJECT SITE IS LOCATED ON THE EAST SIDE OF ROAD 88,
APPROXIMATELY ¼ MILE SOUTH OF WEST GOSHEN AVENUE. (APN:
081-030-080)
WHEREAS, Tentative Parcel Map No. 2022-03, is a request to subdivide 40.44 acres into three parcels for phasing and financing purposes to be located within the R-1- 5 (Single-family Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations. The project site is located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue. (APN: 081-030-080); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice scheduled a public hearing before said commission on June 26, 2023; and WHEREAS, the Planning Commission of the City of Visalia finds Tentative Parcel Map No. 2022-03, as conditioned, in accordance with Section 16.28.070 of the Visalia Municipal Code based on the evidence contained in the staff report and testimony presented at the public hearing; and,
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project; and NOW, THEREFORE, BE IT RESOLVED that Mitigated Negative Declaration No. 2023-32 was prepared for Annexation No. 2022-04, Tentative Parcel Map No. 2022-03, and Shepherds Ranch II Tentative Subdivision Map No. 5589 consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed location and layout of the Shepherds Ranch II Tentative Subdivision Map No. 5589, its improvement and design, and the conditions under which it will be maintained, is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 40-acre project site, which is the site of the proposed 200 lot single-family residential subdivision, is consistent with Land Use Policy LU-P-19 of the General Plan. Policy LU-P-19 states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”

2. That the proposed Shepherds Ranch II Tentative Subdivision Map No. 5589, its improvement and design, and the conditions under which it will be maintained will not 623
Resolution No. 2022-36
be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent light industrial land uses based on the inclusion of improvements to the north that include a linear park and sound wall. The project site is bordered by existing residential development to the east and south.

3. That the site is physically suitable for the proposed tentative subdivision map. The project is consistent with the intent of the General Plan and Zoning Ordinance and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision itself is designated as Low Density Residential and developed at a density of 4.94 units per acre.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the proposed Low Density Residential General Plan Land Use Designation and is being developed at a density of 5.29 units per acre. The design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 200-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording for new street improvements, including the construction of curb, gutter, curb return, sidewalk, parkway landscaping, and pavement.

5. That the design of the proposed subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The 200-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording.

6. The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances.

The proposed location of the subdivision 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 identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility. The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.

The proposed project will result in the creation of a new single-family residential development at a density of 4.94 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits.

7. The Housing Accountability Act (Government Code Section 66589.5) 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 624
Resolution No. 2022-36
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.

8. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant, and that Mitigated Negative Declaration No. 2023-32 is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

BE IT FURTHER RESOLVED that the Planning Commission hereby approved the parcel map on the real property herein above described in accordance with the terms of this resolution under the provision of Section 16.28.070 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 No. 2021-229.

2. That Tentative Parcel Map No. 2022-03 be prepared in substantial compliance with Exhibit “C”.

3. That approval of the Tentative Parcel Map No. 2022-03 shall not become effective unless Annexation No. 2022-04, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2022-04.

4. That all other federal, state and city codes, ordinances and laws be met. 625
17 18
30 31
32 33
34 27
28 29
35 38
39 40
41 42
43 36
37 44
127 126 125 124 123 122 121 120 119 118
104 105 106 107 108 109 110 111 112 113
14 15
16 21
20 19
57 69 74
70 73
50 56
63 45 46
67 47
66 48
65 49
64 53
60 51
62 52
61 54
59 55
58 171 153
170 154
169 155
168 156
167 157
166 158
165 159
151 150 149 148 147 146 145 144 143 142 141
128 129 130 131 132 133 134 135 136 137 138
196
200
199
198
197
1 2
3 4
5 6
7 8
174
175
176 160
162
164
179 178 177
180
181
182
183 173
117
114
191
192
193
194
187
184
185
186
190 189 188
172 152
68 116
139
115
161
140
71 72
163
91 102 101 100 99 95 94 93 92 103
96 195
98 97
82 90
75 83
76 84
77 85
78 86
79 87
80 88
81 89
9 10
11 12
13 22
26 25
24 23
37 PARCEL 4
PM4597
47 PM 02, T.C.R.

PARCEL 5
PM4597
47 PM 02, T.C.R.

KELSEY TRACT SUBDIV.
1 16 M 01, T.C.R. PB ANDERSON LLC
D.N. 2004-0081729
A.P.N. 081-140-003
36 FREITAS RENTALS 3 LP
D.N. 2014-0031446
A.P.N. 081-140-011
FREITAS RENTALS 3 LP
D.N. 2014-0031446
A.P.N. 081-140-012
44 SHIRK INDUSTRIAL

PARK LLC
D.N. 2014-135232
A.P.N. 081-150-012

DON G CELILLO
A.P.N. 081-150-013

ROMAN & SHELLY

BETTENCOURT
D.N. 2012-10919
A.P.N. 081-150-014

CRESERMIO P &

LAURA L ANCHETA
D.N. 2015-0035967
A.P.N. 081-150-015 TULARE COUNTY PROPERTIES INC D.N. 2005-0022681 A.P.N. 081-030-046 MERTEN KARL F D.N. 2012-0010026 A.P.N. 081-030-054 PAUL TEMMERMAN 2020-0045559 A.P.N. 081-030-055

HARRIS CLIFTON G
95-065755
A.P.N. 081-040-029

VERNON AVILA
2017-0075879
A.P.N. 081-030-019

OUTLOT C OUTLOT C

OUTLOT A

OUTLOT B

TEMPORARY
BASIN
ROAD 88 LLC
D.N. 2020-0039320
A.P.N. 081-030-036 HELEN AVENUE HELEN AVENUE

BERNARD AVENUE
BERNARD AVENUE ROAD 88SAUVEUR DRIVE

OSSES DRIVE OSSES ERNEST LANE

JOSEPH AVENUE

DRIVE BETRIENIA LANE

OSSES DRIVE PIERRE COURT PIERRE COURT MARIE COURT
N
N
626

KELSEY TRACT
NO. 1
16 M 04, T.C.R.
36 ROAD 88 ROAD 88, LLC
D.N.2022-0000663
A.P.N. 081-030-080

40.46 ACRES SHREK ROAD (ROAD 92) PARCEL 1
PM 1908
20 PM 09, T.C.R.

PARCEL 2
PM 1908
20 PM 09, T.C.R.
35 34
Ó
N
LEGEND
NOTE:

N

PERSHING AVENUE

WEST GROVE AVENUE

WEST NICHOLAS COURT

WEST HURLEY AVENUE
WEST GOSHEN AVENUE ROAD 88 ROAD 92
6/20/2022
627
Ó

ADJACENT PROPERTY OWNERS

ASSESSOR PARCEL NUMBERS
628