FINAL ENVIRONMENTAL
IMPACT REPORT
(STATE CLEARINGHOUSE
#2021050418)
Carleton Acres Specific Plan
September 2023
PREPARED BY:
Crawford & Bowen Planning, Inc.
113 N. Church Street, Suite 302
Visalia, CA 93291
PREPARED FOR:
City of Visalia
707 W. Acequia Ave.
Visalia, CA 93291
Project Reference No. 048-2101
Final Environmental Impact Report
Carleton Acres Specific Plan
State Clearinghouse #2021050418
Prepared for:
City of Visalia
707 W. Acequia Ave.
Visalia, CA 93291
Contact: Brandon Smith, Principal Planner
Phone: (559) 713-4636
Prepared by:
Crawford & Bowen Planning, Inc.
113 N. Church Street, Suite 310
Visalia, CA 93291
Contact: Travis Crawford, AICP
(559) 840-4414
September 2023
TABLE OF CONTENTS
CHAPTER ONE - Introduction ........................................................................................................................ 1 Introduction .................................................................................................................................................... 1 Summary of Project Description .................................................................................................................. 1 CEQA Evaluation Background .................................................................................................................... 3 CEQA Requirements ..................................................................................................................................... 5 Use of the Final EIR ....................................................................................................................................... 5 CHAPTER TWO – Comments and Responses .............................................................................................. 7 Introduction .................................................................................................................................................... 7 Comment Letters ........................................................................................................................................... 8 CHAPTER THREE – Errata / Text Changes to the DEIR ........................................................................... 51 CHAPTER FOUR – Mitigation Monitoring and Reporting Program ....................................................... 52
Attachments: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter
Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc. Page |1
CHAPTER ONE - Introduction
Introduction
As defined by Section 15050 of the California Environmental Quality Act (CEQA) Guidelines, the City of Visalia (City) is the Lead Agency for the preparation of the Environmental Impact Report (EIR) for the Carleton Acres Specific Plan Project (Project or proposed Project, SCH No 2021050418). The Final EIR presents the environmental information and analyses that have been prepared for the proposed Project, including comments received addressing the adequacy of the Draft EIR, and responses to those comments. In addition to the responses to comments, clarifications, corrections, or minor revisions have been made to the Draft EIR. The Final EIR, which includes the res ponses to comments, the Draft EIR, and the Mitigation, Monitoring, and Reporting Program, will be used by the Visalia Planning Commission and the City Council in the decision-making process for the proposed Project.
This Final EIR is an informational docu ment intended to disclose to the decision makers of the City, and the public, the environmental consequences of approving and implementing the Project or one of the alternatives to the proposed Project, which are described in the Draft EIR. All written comments received during the public review period (May 4, 2023 through June 19, 2023) of the Draft EIR are addressed in this Final EIR.
The responses in the Final EIR clarify, correct, and/or amplify text in the Draft EIR. Therefore, no significant revisions have been made which would require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5 (Recirculation of an EIR Prior to Certification). The Final EIR was prepared in accordance with the C alifornia Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000-21177).
Summary of Project Description
The Project Applicant is proposing a Specific Plan to develop approximately 507 -acres of land into a mixed-use development. The Project will feature a variety of uses including single -family residential, multi -family housing, commercial, educational, and parks/trails facilities. The proposal features several different types of housing for a total of up to 3,262 residential unit s at buildout which is broken down as follows: Low Density Residential – maximum of 1,592 units; Medium Density Residential – maximum of 758 units; and High Density Residential – maximum of 912 units. The number of units is based on the maximum proposed de nsity available, but the actual number of units may be less than 3,262.
Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 2 The proposed Project also includes up to 35.1 acres of commercial development in two locations within the Project (for a total of approximately 205,000 square feet of gross leasable commercial area). The first commercial area consists of up to 28.7 acres of Mixed Use Commercial at the intersection of Riggin Avenue and Shirk Road. Anticipated uses at this location may include development such as a Costco, gas station, car wash, drug s tore, retail, restaurants (including drive-throughs), and similar uses. The second commercial area consists of up to 6.4 acres of Commercial Neighborhood at the northeast corner of the development. Anticipated uses at this location may include development such as retail, services and restaurants. The commercial facilities are located to provide efficient accessibility to residents of the Project and the surrounding areas.
Other proposed uses include a site for a potential future elementary school, land f or a drainage basin, and approximately 17.3 acres of parks/trails/recreational facilities. Various other infrastructure improvements (water, stormwater and wastewater infrastructure, roadway improvements, and related improvements) will be required by the P roject. The Project is proposed to be built out in phases with approximately 1,182 residential units and 28.7 acres of Mixed Use Commercial in Phase 1 and approximately 2,080 residential units and 6.4 acres of Commercial Neighborhood in Phase 2.
Project Location
The proposed Project is located on approximately 507 -acres in the northern area of the City of Visalia, California and is generally bound by W. Riggin Avenue to the south, N. Akers Street to the east, N. Shirk Road to the west and Avenue 320 (W. Kibler Avenue ) to the north. The site is comprised of two parcels: APN 077 -100-088 and APN 077-100-105. APN 077-100-088 consists of approximately 478 acres and is within an unincorporated area of Tulare County while APN 077- 100-105 consists of approximately 29.3 acres and is within the City limits of Visalia. The entire site is within the Urban Growth Boundary (UGB) and Sphere of Influence (SOI) of the City of Visalia and the site has historically been used for agricultural purposes. However, the site has been designated by the City’s General Plan for residential, commercial, public/institutional and park/recreation uses.
Project Objectives
In accordance with CEQA Guidelines Section 15124(b), the following are the City of Visalia’s Project objectives:
• To provide a mixed -use development at pricing appropriate for the market, in a growing area of the City of Visalia that satisfies the City of Visalia’s policies, Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 3 regulations and expectations as defined in the City’s General Plan, Zoning Ordinance and other applicable plans, documents, and programs adopted by the City. • To provide a variety of housing opportunities with a range of densities, styles, sizes and values that will be designed to satisfy existing and future demand for quality housing in the area.
• To provide a residential development that assists the City in meeting its General Plan and Housing Element requirements and objectives.
• To provide conveniently -located commercial development to serve north Visalia residents and the Carleton Acres development in a growing area of the City of Visalia. • To provide a sense of community and walkability within the development through the use of street patterns, parks/open space areas, landscaping and other project amenities.
CEQA Evaluation Background
Notice of Preparation
The City of Visalia circulated a Notice of Preparation (NOP) of an EIR for the proposed Project from May 20, 2021 through June 21, 2021 to trustee and responsible agencies, the State Clearinghouse (SCH # 2021050418), and the public. Following publication of the original NOP, changes were made to the proposed Project that consist ed of an increase in commercial acreage (from 14.7 acres to 35.1 acres) and a reduction in residential units (from 3,368 units to 3,262 units).
Therefore, the Project’s NOP was re-circulated from June 2, 2022 through July 5, 2022.
Six agency comments on the NOP related to the EIR analysis were presented or submitted during the public review period (June 2 – July 5, 2022). The NOP and written comments provided to the City during the 30 -day public review period for the NOP are presented in Appendix A. NOP comment letters are summarized as follows:
• CA Department of Conservation – Geologic Energy Management Division (June 6, 2022): Identified a previous properly abandoned oil or gas well on the site. The Department provided additional guidance on the proper handling of the well. • CA Department of Fish & Wildlife (July 11, 2022): Identified potential species in the project area and provided recommendations on handling of such species.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 4 • CA Department of Conservation – Division of Land Resource Protection (June 14, 2022): Identified potential farmland impacts due to loss of agricultural lands on the site. Provided suggestions for mitigation for the loss of agricultural lands. • Native American Heritage Commission (June 8, 2022): Identified the applicable tribal consultation guidelines and requirements associated with the Project. • San Joaquin Valley Air Pollution Control District (June 22, 2022): Identified the District’s applicable guidelines and requirements associated with air emissions from construction and operation of the Project.
• California Department of Transportation (Caltrans) (June 2, 2022): Identified requirements and expectations of the Project traffic impact study. Provided additional information to support the study analysis.
These comment letters were identified and incorporated into the Draft EIR. In addition, pursuant to Section 15206 of the State CEQA Guidelines, the lead agency is required to conduct at least one scoping meeting fo r all projects of statewide, regional, or area -wide significance. The scoping meeting is for jurisdictional agencies and interested persons or groups to provide comments regarding (but not limited to) the range of actions, alternatives, mitigation measure s, and environmental effects to be analyzed to be analyzed in the Draft EIR. The City of Visalia hosted a scoping meeting on June 14, 2022 , which was during the 30 -day public review period of the NOP.
Draft EIR
The Draft EIR was properly noticed and circulated for public review and comment for 45 days, from May 4, 2023 through June 19, 2023. The Notice of Availability was published in the Visalia Times Delta newspaper. The Draft EIR and Appendices were sent to the State Clearingho use for distribution and notices were mailed to adjacent landowners, local agencies and other interested individuals. The City received three comment letters on the Draft EIR. These letters and emails are reproduced in their entirety in Chapter Two of this Final EIR and responses are shown after each letter.
These comments and responses that make up the Final EIR, in combination with the Draft EIR and Appendices, constitute the EIR that will be considered for certification by the decision makers of the City of Visalia.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 5 CEQA Requirements
Under CEQA, the Lead Agency must prepare and certify a Final EIR prior to a proposed project being approved. The contents of a Fi nal EIR are specified in Section 15132 of the CEQA Guidelines, which states that a Final EIR must consist of the following:
1. The Draft EIR or a revision of the Draft EIR.
2. Comments and recommendations received on the Draft EIR either verbatim or in summary.
3. A list of persons, organizations, and public agencies commenting on the Draft EIR.
4. The responses of the Lead Agency to significant environmental points raised in the review and consultation process.
5. Any other information added by the Lead Agency.
The Lead Agency must provide each public agency that commented on the Draft EIR with a copy of the Lead Agency’s response to such comments a minimum of 10 days before certifying the Final EIR.
Use of the Final EIR
The Final EIR allows the public and the City an opportunity to review revisions to the Draft EIR and the responses to comments received during the Draft EIR’s public review period. The Final EIR serves as the environmental document to inform the City of the environmental consequences of the proposed Project, either in whole or in part, or one of the alternatives to the Project discussed in the Draft EIR.
As required by Section 15090(a)(1) -(3) of the CEQA Guidelines, a Lead Agency, in certifying a Final EIR, must make the following three determinations:
1. The Final EIR has been completed in compliance with CEQA.
2. The Final EIR was presented to the decision -making body of the Lead Agency, and the decision-making body reviewed and considered the information in the Final EIR prior to approving the project.
3. The Final EIR reflects the Lead Agency’s independent judgement and analysis.
As required by Section 15091 of the CEQA Guidelines, a public agency cannot approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings (Findings of Fact) for each of those significant effects, accompanied by a brief explanation of the Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 6 rationale to reach findings supported by substantial evidence in the record. The possible findings are as follows:
1. Changes or alterations have been required in or incorporated into the project tha t avoid or substantially lessen the significant environmental effect as identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.
Additionally, pursuant to Section 15093(b) of the CEQA Guidelines, when a Lead Agency approves a project that would result in significant unavoidable impacts that are disclosed in the Final EIR, the agency must state in writing the reasons supporting the a pproval. The Statement of Overriding Considerations must be supported by substantial evidence in the Lead Agency’s administrative record. The Findings of Fact (Section 15091) and Statement of Overriding Considerations (Section 15093(b)) have been provided to the City for consideration.
If the City approves the proposed Project, and as part of that action adopts mitigation measures, the City will also adopt a Mitigation Monitoring and Reporting Program (see Public Resources Code Section 21081.6).
Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 7 CHAPTER TWO – Comments and Responses
Introduction
This chapter of the Final EIR contains a copy of each of the written comments received from the public and other agencies with jurisdiction over the proposed Project, followed by responses to each comment. Each letter is numbered (e.g. Letter 1, Letter 2, etc.).
A total of three comment letters were received from the following agencies:
Comment Letter 1
Julie A. Vance
Regional Manager
California Department of Fish & Wildlife
1234 E. Shaw Avenue
Fresno, CA 93710
June 14, 2023
Comment Letter 2
Brian Clements
Director of Permit Services
San Joaquin Valley Air Pollution Control
District
1990 E. Gettysburg Avenue
Fresno, CA 93726
June 19, 2023
Comment Letter 3
Junaid Halani
Lozano Smith, Attorneys at Law
One Capitol Mall, Suite 640
Sacramento, CA 95814
June 19, 2023
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 8 Comment Letters
Comment Letter 1
Julie A. Vance
Regional Manager
California Department of Fish & Wildlife
1234 E. Shaw Avenue
Fresno, CA 93710
June 14, 2023
Letter 1, page 1
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 9 Response to Comment Letter 1:
Comment 1 Summary: The Department concurs with the biological assessment of the Project.
Response to Comment 1: The content of this letter has been noted for the record and it is acknowledged that the California Department of Fish & Wildlife has concurred with the biological assessment of the proposed Project.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 10 Comment Letter 2
Brian Clements
Director of Permit Services
San Joaquin Valley Air Pollution Control District
1990 E. Gettysburg Avenue
Fresno, CA 93726
June 19, 2023
Letter 2, page 1
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 11 Letter 2, page 2
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 19 Responses to Comment Letter 2:
Comment 1: Recommended Mitigation to Reduce Operational Air Quality Impacts. The comment includes a recommendation that the DEIR be revised to include a discussion on the feasibility of a Voluntary Emission Reduction Agreement (VERA) as a mitigation measure for this project and provides details on what a VERA is and how it is implemented.
Response to Comment 1: A VERA is a contractual agreement that projec t proponents can voluntarily enter into and is not required by the City of Visalia or the SJVAPCD. As described in section 5.2.2 – Cumulative Criteria Pollutant Impacts of the Air Quality and Greenhouse Gas/Energy Analysis Report prepared for the Carleton Acres Specific Plan, the EIR for the Visalia General Plan identifies proposed General Plan policies to reduce air quality impacts that have since become policies included in the adopted General Plan for the City of Visalia. The General Plan EIR found regio nal air quality impacts to be significant and unavoidable. Although the project would exceed the criteria pollutant thresholds for several pollutants, the Visalia General Plan EIR had already considered air quality to be a significant and unavoidable impac t. The project site has been designated by the City’s General Plan for residential, commercial, public/institutional, and park/recreation uses. The EIR identified General Plan policies that would reduce significant air quality impacts to the extent feasible. The reduction measures for regional emission impacts from the City of Visalia’s General Plan EIR and the Specific Plan’s consistency with the measures are provided in the Air Quality and Greenhouse Gas/Energy Analysis Report prepared for the Carleton Ac res Specific Plan. General Plan Reduction Measure AQ -P-12 supports the implementation of VERAs with the SJVAPCD for individual development projects that may exceed SJVAPCD significance thresholds, but it does not require it. The Specific Plan incorporates all General Plan Reduction Measures, including AQ-P-12.
The Specific Plan is ideally designed to minimize vehicle related emissions, which are the predominant source of emissions. The SJVAPCD’s applicable regional criteria pollutant thresholds are mass emission thresholds that do not account for the rate of emi ssions per capita for a project. Therefore, large projects and projects that would serve a large number of people are more likely to exceed the thresholds compared to small projects. The project includes the development of approximately 507-acres of land into a mixed-use development featuring single- family residential, multi -family housing, commercial, educational, and park/trail land uses.
Overall, the proposed Specific Plan would create a considerable amount of internal capture between its components to r educe vehicle miles traveled (VMT) compared to the same level of development built with land uses geographically separated from each other. In addition, the Costco development in the Specific Plan includes numerous project design features that will reduce emissions to the extent feasible. These are referenced in the letter from Costco retail to the City (RE: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter). The gasoline dispe nsing facility will also be Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 20 subject to the SJVAPCD stationary source permitting requirements, which includes requirements for emission reduction credits.
The Specific Plan and all subsequent developments will need to comply with SJVAPCD Rule 9510 – Indirect Source Review which requires mitigation similar to how a VERA would be applied to a project. Because the project would result in the development of greater than 9,000 square feet of development, the project would be subject to District Rule 9510. Specif ically, the project would be required to pay emission reduction fees associated with its Indirect Source Review application, consistent with the requirements contained in District Rule 9510. The Indirect Source Review application and fees to the Valley Air District would reduce project emissions since the Air District would direct the fees to fund other air quality improvement measures throughout the District.
Comment 2: Industrial/Warehouse Emission Reduction Strategies. The comment notes that the project includes commercial development space (for example, a Costco retail), that have Heavy Heavy-Duty (HHD) truck trips. The SJVAPCD goes on to recommend that the City consider the feasibility of incorporating emission reduction strategies that can reduce potential harmful health impacts.
Response to Comment 2: The commercial development for Costco will include numerous project design features that address the emission reduction strategies listed by SJVAPCD. These are referenced in the letter from Costco retail to the City (RE: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter).
In addition, the Air Quality and Greenhouse Gas/Energy Analysis Report and the DEIR included MM AIR-3a, which requires the City of Visalia to evaluate potential health risk impacts from new development proposals for any individual development projects within 1,000 feet of an existing or planned sensitive land use. A health risk assessment was prepared for the proposed Costco contemplated as part of the proposed Specific Plan and included as part of Appendix C of the DEIR. The health risk assessment demonstrates that the proposed Costco would not result in health impacts that would exceed the SJVAPCD’s health risk thresholds. Nonetheless, the proposed Costco incorporates a number of emission reduction strategies that would help minimize Costco’s potential to cause adverse health impacts. These emissions reduction strategies are outlined in the attached letter response from Costco (RE: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter). For future commercial developments, measures to reduce potentia l harmful health impacts would be considered and implemented, as applicable, under MM AIR-3a.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 21 Comment 3: Truck Routing. The comment states that truck routing involves the assessment of which roads Heavy Heavy -Duty (HHD) trucks take to and from their destin ation, and the emissions impact that the HHD trucks may have on residential communities and sensitive receptors. The SJVAPCD notes that because the project includes commercial development space (for example, a Costco retail), there is potential for increased HHD truck trips.
Response to Comment 3: Emissions from anticipated HHD truck trips were evaluated in the air quality analysis contained in the Air Quality and Greenhouse Gas/Energy Analysis Report for the Carleton Acres Specific Plan dated September 1, 2022 (Last Revised March 14, 2023). The air quality analysis assumed that the project would generate trips consistent with those provided in the traffic report prepared for the Project. As such, the assumptions used in the air quality analysis were consistent with those presented elsewhere in the DEIR. Emissions from HHD trucks were appropriately represented in the regional and localized emissions modeling, as well as the Health Risk Assessment prepared for the Costco retail. Therefore, concerns raised in this comment have been addressed in the Air Quality and Greenhouse Gas/Energy Analysis Report and the DEIR.
The attached letter response from Costco (RE: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific P lan Draft EIR Comment Letter) provides further details on truck routing for the proposed Costco proposed as part of the Specific Plan implementation. It should be noted t hat operational (non -construction) HHD trips are only a small percentage of total project trips. In addition, state regulations governing truck trips have reduced HHD truck emissions to a fraction of their emissions as of 1995.
Comment 4: Cleanest Available Heavy-Duty Trucks. This comment states that the EIR should include new mitigation due to the potential for the project to generate increased HHD truck trips.
The SJVAPCD recommends that the following measures be considered by the City to reduce project-related operational emissions:
• Recommended Measure: Fleets associated with op erational activities utilize the cleanest available HHD trucks, including zero and near -zero (0.02 g/bhp -hr NOx) technologies.
• Recommended Measure: All on-site service equipment (cargo handling, yard hostlers, forklifts, pallet jacks, etc.) utilize zero-emissions technologies.
Response to Comment 4: The project will comply with the State’s requirements regarding electrification of HHD fleets. The California Air Resources Board (CARB) regulates emissions from HHD vehicles at the state level to meet the State ’s emission goals. Likewise, all on -site service equipment will meet applicable statewide regulations. Costco’s equipment used within the warehouse facility to move merchandise (such as pallet jacks and forklifts and floor cleaners like scrubbers) will be electrically powered. These are referenced in the letter from Costco retail Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 22 to the City (RE: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter).
Comment 5: Reduce Idling of Heavy-Duty Trucks. The SJVAPCD comment recommends that the DEIR be revised to include measures to ensure compliance with the state anti -idling regulation (13 CCR § 2485 and 13 CCR § 2480) and discuss the importance of limiting the amount of idling, espec ially near sensitive receptors. In addition, the SJVAPCD recommends the City consider the feasibility of implementing a more stringent 3 -minute idling restriction and requiring appropriate signage and enforcement of idling restrictions.
Response to Comment 5: HHD trucks visiting the project site would be subject to the state anti- idling regulation (13 CCR § 2485 and 13 CCR § 2480). Limiting idling to no greater than 3 minutes would not clearly lessen any significant environmental impacts to below the signif icance thresholds because the suggested mitigation is not considerably different compared to compliance with state anti-idling regulation 13 CCR § 2485 and 13 CCR § 2480.
Regarding the proposed Costco, Costco designs and operates its facilities to most efficiently have trucks enter the site, unload, and exit the site. This includes smart design for truck flow into and out of the site, loading dock orientation design, circulation signage, and dock operating protocols.
These emissions reduction strategies are outlined in the attached letter response from Costco (RE:
Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter)
Comment 6: Under-fired Charbroilers. The comment notes that the project may have restaurants with under-fired charbroilers. Such charbroilers may pose the potential for immediate health risk, particularly when located in densely populated areas or near sensitive receptors. Therefore, the SJVAPCD recommends that the DEIR include a measure requiring the assessment and potential installation, as technologically feasible, of particulate matter emission control systems for new large restaurants operating under-fired charbroilers.
Response to Comment 6: The Air Quality and Greenhouse Gas/Energy Analysis Report and the DEIR included MM AIR -3a, which requires the City of Visalia to evaluate potential health risk impacts from new development proposals for any individual development projects within 1,000 feet of an existing or planned sensitive land use. Therefore, individual developments that would include charbroilers would be required to assess toxic air contaminants associated with charbroilers as applicable. In addition, development projects within the Specific Plan will comply with all applicable SJVAPCD rules and regulations. Project tenants and developers will be responsible for complying with all applicable rules and regulations. Costco does not anticipate Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 23 using under-fired charbroilers within the Costco development, This i s referenced in the letter from Costco retail to the City (RE: Costco Commitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter).
Comment 7: Vegetative Barriers and Urban Greening . The co mment suggests that the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units). The commenter also notes the purpose of these measures.
Response to Comment 7: All development projects within the Specific Plan would be required to meet the City’s landscaping requirements, which will be enforced through Conditions of Approvals. The City requires urban greening to be incorporated into projects and requires appropriate vegetative barriers where areas transition from commercial to residential. Therefore, the City’s design guidelines that will be enforced through Conditions of Approvals and the analysis contained in the DEIR already address the concerns raised in the comment. In addition, consistent with the comment, the Air Quality section of the DEIR evaluates the potential impact of project operations on sensitive receptors. The Air Quality and Greenhouse Gas/Energy Analysis Report and the DEIR included MM AIR-3a, which requires the City of Visalia to evaluate potential health risk impacts from new development proposals for any individual development projects within 1,000 feet of an existing or planned sensitive land use. This measure will be considered, as applicable , to reduce health risk impacts from individual development projects within the Specific Plan.
Comment 8: On-Site Solar Deployment . The comment highlights the policy of the State of California that renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health.
The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the project.
Response to Comment 8: As noted in the Air Quality and Gree nhouse Gas/Energy Analysis Report, the project includes installation of solar panels as required by 2022 Title 24 standards.
Costco's commitment to renewable energy and rooftop solar is described in the letter from Costco retail to the City (RE: Costco Com mitments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter).
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 24 Comment 9: Electric Vehicle Chargers . The comment recommends that the City and project proponents install electric vehicle chargers at project sites and at strategic locations.
Response to Comment 9: This comment provides information about the District’s Charge Up! Incentive program to promote clean air alternative-fuel technologies and the use of low or zero- emission vehicles. This comment is noted and does not require any action by the City or project proponents at this time. The proposed project would be built to meet all statewide and local development codes. as highlighted by Standard Condition (SC) AIR-1, which was included in the Air Quality and Greenhouse Gas/Energy Analysis Report. SC AIR-1 is provided below.
SC AIR-1 New development under the proposed Specific Plan would include installation of on-site charging units for electric vehicles. Plans for on -site electric vehicle charging shall demonstrate that proposed development projects would meet or exceed electric vehicle parking provisions required by California Green Building Standards.
Comment 10: District’s Bikeway Incentive Program. The comment notes that because the project includes installation of bikeways, the project may be eligible for funding through the District’s Bikeway Incentive Program. The Bikeway Incentive Program provides funding for eligible Class 1 (Bicycle Path Construction), Class II (Bicycle Lane Striping), or Class III (Bicycle Route) projects.
Response to Comment 10: This comment provides information on incentives that may be available to the project and does not request any revisions to the DEIR. The comment is noted.
Comment 11: District Rules and Regulations. The comment is a list of rules and regulations that may be relevant to the project.
Response to Comment 11: Project tenants and developers will be responsible for complying with all applicable rules and regulations.
Comment 11a) District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources .
The comment notes that the project may be subject to Dis trict Rules 2010 and 2201. Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. The comment letter notes that the project proponent should submit to the District an application for an Authority to Construct (ATC) prior to construction.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 25 Response to Comment 11a: Development projects within the Specific Plan will comply with all applicable SJVAPCD rules and regulations. District rules 2010 and 2201 are only applicable if the project includes stationary sources (such as backup generators) that would be subject to permitting. Project tenants and developers will be responsible for complying with all applicable rules and regulations.
Comment 11b: District Rule 9510 - Indirect Source Review (ISR) The comment notes that the project is subject to District Rule 9510 – Indirect Source Review because it will receive a project - level discretionary approval from a public agency and will equal or exceed 9,000 square feet of development.
Response to Comment 11b: As noted in the comment, the SJVAPCD received an AIA application (ISR project #20230207) for this project.
Comment 11c) District Rule 9410 (Employer Based Trip Reduction) . This comment is noting that future development projects within the Specific Plan may be subject to District Rule 9410 (Employer Based Trip Reduction). District Rule 9410 requires employers with 100 or more “eligible” employees at a worksite to establish an Employer Trip Reduction Implementation Plan (eTRIP) that encourages employees to reduce single -occupancy vehicle trips, thus reducing pollutant emissions associated with work commutes.
Response to Comment 11c: SC AIR -2 was included in the Air Quality and Greenhouse Gas/Energy Analysis Report. SC AIR-2 is provided below.
SC AIR-2 Individual commercial projects subject to SJVAPCD Rule 9401 – Employee Trip Reduction, shall comply with this rule. Compliance with SJVAPCD 9401 will promote trip reductions through the use of strategies that may include, but are not limited to:
• Employee carpool/ride sharing program.
• Flex scheduling/compressed scheduling.
• Posting information about public transit, bicycling, and pedestrian facilities and programs in public areas and in employee breakrooms. • Promote available websites providing transportation options for residents and businesses.
• Create and distribute a “new resident” or “new tenant” information packet addressing alternative modes of transportation for residential residents and commercial employees.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 26 • Providing incentives for carpooling/ride sharing, transit ridership, bicycling, walking, and other forms of non-single occupant vehicle travel. • Providing employee lockers.
• Providing preferential parking for carpool/ride share vehicles. • Providing bicycle storage facilities in convenient and secure locations.
Comment 11d: District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants). This comment is noting that the project may subject to District Rule 4002. In the event an existing building will be renovated, partially demolished or removed, future development projects within the Specific Plan may be subject to District Rule 4002.
Response to Comment 11d: Development projects within the Specific Plan will comply with all applicable SJVAPCD rules and regulations. Project tenants and developers will be responsible for complying with all applicable rules and regulations.
Comment 11e: District Rule 4601 (Architectural Coatings) . This comment is noting that the project will be subject to District Rule 4601 since it is expected to utilize architectural coatings.
Response to Comment 11e: The project will comply with all applicable SJVAPCD rules and regulations, including District Rule 4601 (Architectural Coatings). Project tenants and developers will be responsible for complying with all applicable rules and regulations.
Comment 11f: District Regulation VIII (Fugitive PM10 Prohibitions) . This comment is noting that the project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Response to Comment 11f: Because the project is mixed-use and would include more than five acres of disturbed surface area, a Dust Control Plan would be applica ble rather than a Construction Notification Form. The project will comply with all applicable SJVAPCD rules and regulations. Project tenants and developers will be responsible for complying with all applicable rules and regulations.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 27 Comment 11g: District Rule 4901 - Wood Burning Fireplaces and Heaters . This comment is noting the limitations regarding wood burning fireplaces and heaters. The project will comply with all applicable SJVAPCD rules and regulations, including District Rule 4901 - Wood Burning Fireplaces and Heaters.
Response to Comment 11g: Project tenants and developers will be responsible for complying with all applicable rules and regulations. Furthermore, this measure will be checked through site plan review by the City.
Comment 11h: Other District Rules and Regulations . This comment is noting the project may be subject to other District rules: Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).
Response to Comment 11h: These are standard regulations, and no action is needed by the project proponent in response to this comment at this time. The project will adhere to all applicable rules and regulations. Project tenants and developers w ill be responsible for complying with all applicable rules and regulations.
Comment 12: District Comment Letter. This comment is noting that the SJVAPCD recommends that a copy of the District’s comments be provided to the project proponent.
Response to Comment 12: The comment letter has been received by the City of the Visalia and the project proponent. Furthermore, the issues raised in the comment letter have been addressed in this response letter. The attached letter response from Costco (RE: Costco Commi tments in Response to San Joaquin Air Pollution Control District Carleton Acres Specific Plan Draft EIR Comment Letter) provides additional details regarding the proposed Costco contemplated as part of the proposed Specific Plan.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 28 Comment Letter 3
Junaid Halani
Lozano Smith, Attorneys at Law
One Capitol Mall, Suite 640
Sacramento, CA 95814
June 19, 2023
Letter 3, page 1
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Letter 4, page 2
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 40 Responses to Comment Letter 3:
Introductory Comment : The introductory comment provides a statement about the project description and notes that the District didn’t receive the EIR’s Notice of Availability.
Response to Introductory Comment: According to the City’s Declaration of Mailing, the Notice of Availability (NOA) was mailed to the District at 5000 W. Cypress Ave., Visalia, CA 93277 on May 3, 2023. It is unclear why the copy of the NOA was never received by the District, but the City appreciates that the District otherwise received notice of the Draft EIR.
Population
Comment 1: Describe historical, current, and future population projections for the District.
Response to Comment 1: The City’s population projections are contained in the City’s General Plan. According to the General Plan, full buildout of the General Plan would result in a projected population of ap proximately 210,000 residents. According to the most recent Census Bureau statistics, the City had a population of 142,978 in 2021. According to the Tulare County Association of Governments, the City has an average annual growth rate of 2.6 percent. However, the City’s actual growth rate over the last ten years has been 1.1%. The City will continue to experience population growth resulting from urban growth managed through the General Plan and its urban growth boundaries. The Project EIR considered cumulative impacts of the Specific Plan along with other developments and projected growth in the City and surrounding areas.
Housing
General Response: Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. The City cannot speculate as to how the school facilities fees generated by the Project will be utilized by the District. See also Responses 2-5.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 41 Comment 2: Describe average square footage for anticipated dwelling units, broken down by type of unit.
Response to Comment 2 : This information will be determined at the building permit phase.
However approximate square footage is provided below based on the zoning densities:
Single Family: 1,200 to 3,800 square feet Medium Density: 850 to 2,400 square feet
High Density: 800 to 1,500 square feet
Comment 3: Estimate the amount of development fees to be generated by development in accordance with implementation of the Project.
Response to Comment 3 : This will be determined at the building permit phase. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities.
Comment 4: Describe the ph asing of residential and development over time from inception to build-out of the Project.
Response to Comment 4: There is no additional phasing information except for what is included in the Specific Plan and EIR. However, the Project Traffic Impact Study identified that the Project would be built out in approximate 5, 10, 15, and 20 year phases as follows:
• Phase I: 5 Year (approx.) with 20% residential max buildout and 28.7 acres of commercial
• Phase II: 10 Year (approx.) with 40% residential max buildout and 6.4 acres of commercial
• Phase III (50%): 15 Year (approx.) with 70% of residential max buildout • Phase III: 20 Year (approx.) with 100% of residential built
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 42 Comment 5: Identify the Project’s target residential market segments including senio r housing, first-time home buyers, move -up buyers and anticipated number of units available for low - income housing and the different impacts on the District from this mix.
Response to Comment 5 : The Project developers have not targeted any specific residential markets at this point in the planning process. However, the Project will contain a diverse mix of housing types to enable residents from a wide range of economic levels, age groups and household types to live within its boundaries. Housing types include the following: large lot single-family homes, small lot single-family homes, cluster single-family homes, duplexes, four- plexes, townhouses and apartment buildings.
Transportation/Circulation/Traffic Analysis
General Response: The Draft EIR and Traffic Impact Study analyzed impacts to both Level of Service (LOS) and Vehicle Miles Traveled (VMT) for the Specific Plan area as a whole and included analysis of 82 intersections . Numerous mitigation measures are proposed to reduce impacts to the extent feasible. The analysis identified a planned high school in the area as well as a potential future elementary school. The Specific Plan identified the location of a potential new elementary school, however, the Draft EIR was not required to undertake site -specific analysis for school sites or to conduct analysis of hypothetical future scenarios involving land use decisions outside of the City’s control. The District has ultimate say over the location and layout of school sites and when the District develops new schools in the Project area, they will be required to conduct a site -specific analysis of the new school. That analysis will include s ite- specific information regarding vehicular traffic and student pedestrian movement patterns. See also Responses 6-9.
Comment 6: Describe the existing and the anticipated vehicular traffic and student pedestrian movement patterns to and from school sites, including consideration of bus routes.
Response to Comment 6: The Draft EIR evaluated circulation patterns and traffic impacts of the Specific Plan area as a whole, which included existing and planned schools within the Specific Plan. It is assumed that a safe routes to school plan will be developed by the District when the District develops new schools in the area. The Project itself has been designed to be pedestrian and bicycle friendly for safe and convenient mobility. The network of trails proposed by the Project will provide convenient walking and biking options for residents to connect throughout Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 43 Carleton Acres. Modoc Greenway is the main east/west and north/south trail facility within the development and will serve as a connection point for other smaller trails. Modoc Greenway will be a Class 1 bike trail with landscaping on either side. Other trails throughout Carleton Acres will be 22’ wide (6’ walking & 6’ bike lane with 5’ landscaping on each side). These trails are as follows:
• Trail to connect the p lanned high school to the future elementary school site (north & south) within the development.
• Trail to connect the future elementary school to Modoc Greenway to the east. • Trail along Roeben to connect the p lanned high school, to the medium and high density residential along Riggin and to the commercial center at the northeast corner of Riggin and Shirk.
• Around the basin, a trail will connect Modoc Greenway to the high-density development in the northwest corner of the site.
Most local streets within the Project Area will have a right of way width of 60 feet. A combination of speed tables and roundabouts will be used as traffic calming devices. In addition, the City of Visalia is committed to complying with Americas with Disabilities Act (ADA) standards with new development.
Comment 7: Assess the impact of increased vehicular movement and volumes, includ ing potential conflicts with school pedestrian movement, school transportation, and busing activities.
Response to Comment 7: The Draft EIR evaluated circulation patterns and traffic impacts of the Specific Plan area as a whole, which included existing an d planned schools within the Specific Plan. The Draft EIR was not required to undertake site -specific analysis for school sites. The District has ultimate say over the location and layout of school sites and when the District develops new schools in the Project area, they will be required to conduct a site-specific analysis of the new school. That analysis will include site-specific information regarding vehicular traffic and student pedestrian movement patterns. See also Response #6.
Comment 8: Estimate travel demand and trip generation, trip distribution and trip assignment by including consideration of school sites and home-to-school travel.
Response to Comment 8: The Draft EIR evaluated circulation patterns and traffic impacts of the Specific Plan area as a whole, which included existing and planned schools within the Specific Carleton Acres Specific Plan Project | Final EIR
CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 44 Plan. The Draft EIR was not required to undertake site -specific analysis for school sites. The District has ultimate say over the location and layout of school sites and when the District develops new schools in the Project area, they will be required to conduct a site-specific analysis of the new school. That analysis will include site-specific information regarding vehicular traffic and student pedestrian movement patterns. However, as shown in Table 3.17-5 of the Draft EIR, the Elementary school was included in the Project’s trip generation table for Phase III of the Project. In addition, volumes for the planned future high school were added to cumulative peak hour volumes beginning in year 2033.
Comment 9: Assess cumulative impacts on schools and the community in general resulting from increased vehicular movement and volumes expected from additional development already approved or pending.
Response to Comment 9: The Project Traffic Study and Draft EIR included a year 2046 cumulative analysis of increased vehicular traffic. This included already -approved or pending projects including potential schools in the Specific Plan area. Please refer to Section 3.17 – Transportation of the Draft EIR for more information.
Public Services – Schools
General Response: Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. In Chawanakee Unified Sch. Dist. Vs. City of Madera (2011), the court said that though Senate Bill 50 from 1998 relieves lead agencies of considering school overcrowding, lead agencies must still look at the physical environmental effects of school construction, such as effects on traffic, air quality, noise, etc. The City did that with the Draft EIR, as the City considered potential school development as part of full buildout of the Project area. The physical impacts of school construction are not different than the impacts of any kind of physical development. The City addressed the physical effects of development of the entire site (e.g. impacts to biological resources, air quality, traffic, etc.) at both the project level and c umulative level. Mitigation measures were included to reduce impacts to the extent feasible. These mitigation measures are applicable to the entire site. However, once the District determines it will construct and operate a school in the area, the District will be required to conduct site -specific CEQA analysis to determine site-specific environmental impacts.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 45 According to Government Code Section 65996, the development fees authorized by Senate Bill 50 are deemed to be “full and complete school facilities mitigation” for impacts caused by new development. Section 65996 also prohibits public agencies from using CEQA or “any other provision of state or local law” to deny approval of “a legislative or adjudicative act, or both, involving, but not limited to, the planning, use or development of real property or any change in governmental organization or reorganization” on the basis of the project’s impacts on school facilities.
The Project site is being proposed for development in general conformity to the land uses that were planned within the Project area in the City’s most recent General Plan. As such, the impacts to the District would be substantially the same to what was already planned for in the City’s General Plan (adopted in 2014).
Comment 10: Describe existing and future conditions within the District, on a school -by-school basis, including size, location and capacity of facilities.
Response to Comment 10 : The City isn’t in a position to answer this question. Further, this request goes beyond the scope of CEQA and would consist of evaluating hypothetical situations with several unknowns.
Comment 11: Describe the adequacy of both existing infrastructure serving schools and anticipated infrastructure needed to serve future schools.
Response to Comment 11 : The Specific Plan identified that there is adequate infrastructure to serve the Project area, including existing and future schools within the Specific Plan. This includes sewer, water, and stormwater infrastructure.
Comment 12: Describe the District’s past and present enrollment trends.
Response to Comment 12: The City isn’t in a position to answer this question as it does not have information pertaining to the District’s past and future enrollment trends. Further, this request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 46 Comment 13: Describe the District’s current uses of its facilities.
Response to Comment 13 : This is a vague request in that “current uses” could mean many different things. In addition, the City isn’t in a position to describe how the District currently uses its facilities, as the District itself has better access to this type of information. Finally, this request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis..
Comment 14: Describe projected teacher/staffing requirements based on anticipated population growth and existing State and District policies.
Response to Comment 14: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
Comment 15: Describe any impacts on curriculum as a result of anticipated population growth.
Response to Comment 15: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
Comment 16: Identify the cost of providing capital facilities to accommodate students on a per - student basis, by the District.
Response to Comment 16: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
Comment 17: Identify the expected shortfall or excess between the estimated development fees to be generated by the Project and the cost for provision of capital facilities.
Response to Comment 17: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 47 Comment 18: Assess the District’s present and projected capital facility, operations, maintenance, and personnel costs.
Response to Comment 18 : This request goes beyond the scope of CEQA. In addition, the City does not possess the type of information being requested.
Comment 19: Assess financing and funding sources available to the District, including but not limited to those mitigation measures set forth in Section 65996 of the Government Code.
Response to Comment 19: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
Comment 20: Identify any expected fiscal impacts on the District, including an assessment of projected cost of land acquisition, school construction, and other facilities needs.
Response to Comment 20: This request goes beyond the scope o f CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
Comment 21: Assess cumulative impacts on schools resulting from additional development already approved or pending.
Response to Comment 21: Cumulative impacts were addressed at the end of each impact section of the Draft EIR. Since the Draft EIR covered the entire Specific Plan site, including the potential school sites, the cumulative impact analysis is applicable to potential schools (e.g., impacts to biological resources, traffic, air quality, etc.).
Other Comment: In support of the community’s students, the City has a host of options it could implement to help ensure sufficient school facilities and lessen the impacts of development.
1. Encourage the Developer to participate in a Mello -Roos Community Facilities District under Government Code section 65996, subdivision (g)(2).
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 48 Response to Other Comment 1 : The City of Visalia primarily creates Landscape and Lighting Assessment Districts (LLDs) in associati on with subdivisions. Therefore the Project will participate in an LLD.
2. Provide a mitigation measure to phase permit approvals to avoid uncontrolled growth without school infrastructure being in place.
Response to Other Comment 2: The City does not anticipate implementing a restrictive growth mitigation measure, as growth will not occur uncontrolled. However, a Development Agreement will be entered into between the City and property owner (under General Plan Policy LU -P-22) to further set limits on growth between the cur rent Growth Tier II and future Growth Tier III.
However, school facilities would not likely be considered in the criteria of the development agreement.
3. The Subdivision Map Act states that “a city or county may adopt an ordinance requiring any [developer who develops in a school district] to dedicate to the school district . . . such land as the local legislative body shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.” (Gov. Code, § 66478.) Thus, the Subdivision Map Act allows a city or county to require land dedication for an elementary school in order to help a school district address the educational needs of the children from a new development. Nothing in SB 50 expressly prohibits reliance on the Subdivision Map Act. Through this, the City could require the Project Applica nt dedicate the identified elementary school site to the District for use instead of simply classifying it as a “potential” use.
Response to Other Comment 3 : The City is not requiring the Project Applicant to dedicate the identified elementary school site to the District at this time.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 49 Noise
Comment 22: Identify any noise sources and volumes which may affect school facilities, classrooms and outdoor school areas.
Response to Comment 22: The Noise Study in the Draft EIR evaluated Project noise impacts to all sensitive receptors including schools and playgrounds. No significant impacts were identified that could not be mitigated to a less than significant level. Where potential impacts cou ld occur, mitigation has been added to maintain noise levels in compliance with the City of Visalia General Plan Noise Element.
Social
Comment 23: Identify how school facilities are currently utilized as civic centers, and are projected to serve in that capacity in the future, and assess the impacts of the Project on that use.
Response to Comment 23: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. In addition, the City does not possess the type of information being requested.
Comment 24: Identify how the District’s grounds are currently utilized for recreation (parks) and open space, and are projected to serve in that capacity in the future, and assess the impacts of the Project on that use.
Response to Comment 24: This request goes beyond the scope of CEQA and is not information that was necessary to conduct the CEQA analysis. However, as identified in the Draft EIR, the Project will provide approximately 17.3 acres for a variety of public recreational facilities, including trails and parks within the development that will be accessible by the public.
Approximately 3.5 acres will be constructed as part of Phase 1 and 13.8 acres will be constructed in Phase 2. In addition, the City is not anticipating any changes to existing circumstances related to utilization of District grounds.
Closing Comments: Provides closing remarks and offers a commitment to working with the City.
Requests all notices and copies of documentation be sent to various individuals.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 50 Response to Closing Comments: The City is committed to working with the District to ensure both the District and City’s needs are met. Copies of all future notices and documentation regarding this Project will be mailed to the addresses provided in the letter.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 51 CHAPTER THREE – Errata / Text Changes to the
DEIR
The City received three (3) comment letters and provided responses to those letters as presented in Chapter Two of this Final EIR. There are no textual or other changes to the public review Draft EIR that resulted from review of the comment letters.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc.Page | 52 CHAPTER FOUR – Mitigation Monitoring and
Reporting Program
State law requires that a public agency adopt a monitoring program for mitigation measures that have been incorporated into the approved project to reduce or avoid significant effects on the environment. The purpose of the monitoring program is to ensure compliance with environmental mitigation during project implementation and operation. Since there are potentially significant impacts requiring mitigation associated with the project, a Mitigation Monitoring Program is included herein on the following pages.
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Agricultural & Forestry Resources
AG – 1:
Prior to the issuance of grading or building permits, the Project proponent shall mitigate impacts for loss of up to 478 acres of Prime Farmland and Farmland of Statewide Importance on the Project site at a 1:1 ratio. The amount of land requiring mitigation shall correspond to the amount of land associated with the issuance of the grading or building permit, or for residential land associated with a subdivision map, the amount of lan d associated with the subdivision map. 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, and/or conservation easements, 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, the Project proponent, at its election, may mitigate for the loss of agricultural land through compliance with the Program that is adopted by the City in lieu of mitigating on a 1:1 ratio as described above.
Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia
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AG – 2:
Reduce Conflicts Between Urban and Agricultural Uses
In order to reduce potential conflicts between urban and agricultural uses, the following measures shall be implemented:
• Potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase / lease of property within the development.
• A Right-to-Farm Covenant shall be recorded on each tract map or be made a condition of each tract map to protect continued agricultural practices in the area.
• Potential residents shall be informed of the Right -to-Farm Covenant at the time of purchase / lease of property within the development.
Project
Applicant
Prior to
issuance of
certificates
of occupancy
City of
Visalia
Air Quality
AIR-2A:
This measure shall be applied to all development under the proposed Specific Plan to reduce emissions from construction. Before a construction permit is issued for the proposed Project, the Project applicant, Project sponsor, or construction contractor sha ll provide compliance with the following requirements to the City of Visalia Planning Department:
• Where portable diesel engines are used during construction, all off-road equipment with engines greater than 75 horsepower shall have engines that meet either EPA or ARB Tier 4 Final off - road emission standards except as otherwise specified herein. If engines that comply with Tier 4 Final off-road emission standards Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia
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are not commercially available, then the construction contractor shall use the next cleanest pie ce of off -road equipment that is commercially available. For purposes of this mitigation measure, “commercially available” shall mean the equipment at issue is available taking into consideration factors such as (i) critical-path timing of construction; a nd (ii) geographic proximity to the Project site of equipment. If the relevant equipment is determined by the Project applicant to not be commercially available, the contractor can confirm this conclusion by providing letters from at least two rental compa nies for each piece of off-road equipment that is at issue.
AIR-2B:
The following measure shall be applied to all development under the proposed Specific Plan during construction to facilitate the use of electric landscaping equipment during Project operations:
• Provide electrical outlets on the outside of buildings or in other accessible areas to facilitate the use of electrically powered landscape equipment.
Project
Applicant
During
construction
City of
Visalia
AIR-3A:
Prior to future discretionary approval for commercial or commercial mixed-use projects, the City of Visalia shall evaluate potential health risk impacts from new development proposals for any individual development projects within 1,000 feet of an existing or planned sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. Such projects shall submit the following to the City of Visalia’s Planning Division:
Project
Applicant
Prior to
future
discretionary
approval for
commercial
or
commercial
mixed-use
projects
City of
Visalia
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(name/
date)
A Health Risk Prioritization Screening Analysis or a Health Risk Assessment (HRA) for the project’s potential to expose sensitive receptors to elevated levels of TACs during project construction and operations prepared in accordance with SJVAPCD guidance. If the HRA shows that the incremental health ris ks exceed their respective thresholds, as established by the SJVAPCD at the time a project is considered, the project applicant shall be required to identify and incorporate commercially feasible mitigation including appropriate enforcement mechanisms to reduce risks to an acceptable level.
Biological Resources
BIO-1: Protect Sanford’s arrowhead
If the Project will impact Modoc Ditch, Mosquito Creek – Cross Creek, or the unnamed canal, a qualified biologist shall conduct a pre-construction survey of the feature(s) to be impacted on and within 50 feet of the Project site within the May –October blooming period of Sanford’s ar rowhead. The survey shall be conducted during the blooming period concurrent with the start of construction or immediately preceding the start of
construction if construction will be initiated between November and April. If Sanford’s arrowhead is detecte d, the qualified biologist shall establish an exclusion zone of 50 feet between any population and the area of direct or indirect impacts. If a 50 - foot exclusion zone cannot be established, a site-specific plan to minimize the potential for Project activi ties to affect individual plants shall be developed by the qualified biologist and implemented in consultation with the CDFW. Such a plan could involve salvaging and relocating affected plants.
Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia and
CDFW
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-5 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
BIO-2: Protect burrowing owl
Conduct focused burrowing owl surveys to assess the
presence/absence of burrowing owl in accordance with the Staff Report on Burrowing Owl Mitigation1 and Burrowing Owl Survey Protocol and Mitigation Guidelines .2 These involve conducting four pre-construction survey visits.
If a burrowing owl or sign of burrowing owl use (e.g., feathers, guano, pellets) is detected on or within 500 feet of the Project site, and the qualified biologist determines that Project activities would disrupt the owl(s), a construction -free buffer, limited operating period, or passive relocation shall be implemented in consultation with the CDFW.
Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia and
CDFW
BIO-3: Protect nesting Swainson’s hawks
To the extent practicable, construction shall be scheduled to avoid the Swainson’s hawk nesting season, which extends from March through August.
If it is not possible to schedule construction between September and February, a qualified biologist shall conduct surveys for Swainson’s hawk in accordance with the Swainson’s Hawk
Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia and
CDFW
1 California Department of Fish and Game (CDFG). 2012. Staff Report on Burrowing Owl Mitigation. State of California Natural Resources Agency. March 7, 2012. 34 pp.
2 California Burrowing Owl Consortium (CBOC). 1997. Burrowing Owl Survey Protocol and Mitigation Guidelines. Pages 171–177, in Lincer, J. L. and K. Steenhof (editors). 1997. The Burrowing Owl, its Biology and Management. Raptor Research Report Number 9.
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-6 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
Technical Advisory Committee’s Recommended Timing and
Methodology for Swai nson’s Hawk Nesting Surveys in
California’s Central Valley.3 These methods require six surveys, three in each of the two survey periods, prior to project initiation. Surveys shall be conducted within a minimum 0.5 - mile radius around the Project site.
If an active Swainson’s hawk nest is found within 0.5 miles of the Project site, and the qualified biologist determines that Project activities would disrupt the nesting birds, a construction -free buffer or limited operating period shall be implemented in consultation with the CDFW.
BIO-4: Compensate for loss of Swainson’s hawk foraging habitat Compensate for loss of Swainson’s hawk foraging habitat (i.e., the fallow fields on the Project site) in accordance with the CDFW Staff Report Regarding Mitigation for Impacts to
Swainson’s Hawks (Buteo swainsoni ) in the Central Valley of California.4 The CDFW requires that projects adversely affecting Swainson’s hawk foraging habitat provide Habitat Management (HM) lands to the department. Projects within 1 mile of an active nest shall provide one acre of HM lands for each acre of development authorized (1:1 ratio). Projects within 5 miles of Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia and
CDFW
3 Swainson’s Hawk Technical Advisory Committee (SWTAC). 2000. Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. 5 pages. 4 California Department of Fish and Game (CDFG). 1994. Staff Report Regarding Mitigation for Impacts to Swainson’s Hawk (Buteo swainsoni) in the Central Valley of California.
California Nongame Bird and Mammal Section Report #94.18.
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-7 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
an active nest but greater than 1 mile from the nest shall provide
0.75 acres of HM lands for each acre of urban development authorized (0.75:1 ratio). And projects within 10 miles of an active nest but greater th an 5 miles from an active nest shall provide 0.5 acres of HM lands for each acre of urban
development authorized (0.5:1 ratio). No compensation is required if an active nest is not found within 10 miles of the Project site.
BIO-5: Protect nesting birds
To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August.
If it is not possible to schedule construction between September and January, pre-construction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests will be disturbed during the implementation of the Project. A pre-construction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact areas. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction -free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia and
CDFW
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-8 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
completed or the nest has otherwise failed for non-construction related reasons.
Cultural Resources
CUL – 1: In the event that historical or archaeological cultural resources are discovered during project -related activities or
decommissioning, operations shall stop within 100 feet of the find, and a qualified archeologist shall determine whether the resource requires further study. The qualified archaeologist shall determine the measures that shall be implemented to protect the discovered resources including, but not limited to, excavation of the finds and evaluation of the finds in accordance with § 15064.5 of the CEQA Guidelines. Measures may include, but are not limited to, avoidance, preservation in -place, recordation, additional archaeological resting, and data recovery, among other options. Any previously undiscovered resources found during project -related a ctivities within the project area shall be recorded on appropriate Department of Parks and Recreation forms and evaluated for significance. No further ground disturbance shall occur in the immediate vicinity of the discovery until approved by the qualified archaeologist.
The Lead Agency, along with other relevant or tribal officials, shall be contacted upon the discovery of cultural resources to begin coordination on the disposition of the find(s). Treatment of any significant cultural resources shall be undertaken with the approval of the Lead Agency.
Project
Applicant
During
construction
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-9 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
CUL – 2: In order to ensure that the proposed Project does not impact buried human remains during Project construction, the Project proponent shall be responsible for on -going monitoring of Project construction. Prior to the issuance of any grading permit, the Project proponent shall provide the City with documentation identifying construction personnel that will be responsible for on-site monitoring. If buried human remains are encountered during construction, further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall be halted until the Tulare County coroner is contacted and the coroner has made the determinations and notifications required pursuant to Health and Safety Code Section 7050.5. If the coroner determines that Health and Safety Code Section 7050.5(c) require that he give notice to the Native American Heritage Commission, then such notice shall be given within 24 hours, as required by Health and Safety Code Section 7050.5(c). In that event, the NAHC will conduct the notifications required by Public Resources Code Section 5097.98. Until the consultations described below have been completed, the
landowner shall further ensure that the immediate vicinity, according to generally accepted cultural or a rchaeological standards or practices where Native American human remains are located, is not disturbed by further development activity until the landowner has discussed and conferred with the Most Likely Descendants on all reasonable options regarding the descendants' preferences and treatments, as prescribed by Public Resources Code Section 5097.98(b). The NAHC will mediate any disputes regarding treatment of remains in
accordance with Public Resources Code Section 5097.94(k). The landowner shall be entitl ed to exercise rights established by Project
Applicant
Prior to
issuance of
any grading
permit and
ongoing
during
construction
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-10 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
Public Resources Code Section 5097.98(e) if any of the
circumstances established by that provision become applicable.
Geology & Soils
GEO – 1 In order to reduce on -site erosion due to project construction and operation, an erosion control plan and Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for the site preparation, construction, and post -construction periods by a registered civil engineer or certified professional. The erosion control plan shall incorporate best management practices consistent with the requirements of the National Pollution Discharge Elimination System (NPDES). The erosion component of the plan must at least meet the requirements of the SWPPP required by the Central Valley RWQCB.
If earth disturbing activities are proposed between October 15 and April 15, these activities shall be limited to the exten t feasible to minimize potential erosion related impacts. Additional erosion control measures may be implemented in consultation with the City of Visalia. Prior to the issuance of any permit, the Project proponent shall submit detailed plans to the satisfa ction of the City of Visalia.
The components of the erosion control plan and SWPPP shall be monitored for effectiveness by the City of Visalia. Erosion control measures may include, but not be limited to, the following:
i. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and
construction;
ii. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads;
iii. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
Project
Applicant
Prior to
issuance of
grading
permits
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-11 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
iv. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; and
v. Inform construction personnel prior to construction and periodically during construction activities of
environmental concerns, pertinent laws and
regulations, and elements of the proposed erosion
control measures.
GEO – 2 The project proponent shall retain a registered geotechnical engineer to prepare a design level geotechnical analysis prior to the issuance of any grading and/or building permit. The design - level analysis shall address site preparation measures and foundation design requirements of the project. The design-level analysis shall be prepared to the satisfaction of the City of Visalia. Final design -level project plans shall be designed in accordance with the approved geotechnical analysis. This shall include certification o f engineered fills and subgrade preparation through monitoring of earthwork and compaction testing by a geotechnical engineer during construction.
Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia
Hazards & Hazardous Materials
HAZ-1 Prior to the issuance of grading or building permits, the Project proponent shall conduct a subsurface investigation of the Project site to evaluate the potential for elevated residual concentrations of agricultural chemicals on the site. If remedial action is required, the Project will be responsible for cleanup and any remedial actions. For portions of the project site where Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-12 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
there is known contamination, a project specific site
management plan should be prepared under the oversight of the Water Board and/or DTSC, as appropriate.
The plan shall include measures for identifying, testing, and managing soil and groundwater suspected of or known to
contain hazardous materials.
The plan shall: (1) provide procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during project excavation and dewatering activities, respectively; (2) describe required worker health and safety provisions for all workers potentially exposed to hazardous materials in
accordance with State and federal worker safety regulati ons; and (3) designate personnel responsible for implementation of the plan.
For sites with potential residual contamination that are planned for development with an occupied building, a vapor intrusion assessment shall be performed by a licensed environm ental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into an occupied building, project design shall include vapor controls or source removal, as appropriate, in accordance with regulat ory agency requirements. Soil vapor mitigations or controls could include vapor barriers, passive venting, and/or active venting Evidence of compliance shall be submitted to the City of Visalia department of Community Development Department.
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-13 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
HAZ – 2 Prior to the issuance of grading or building permits, the Project proponent or contractor shall provide a site plan that clearly delineates the locations of all known oil wells. A copy of the map shall be submitted to the California Department of
Conservation, Geologic Energy Management Division (CalGEM) for review and evaluation. The Project proponent will work with CalGEM to implement any remedial actions that may result from CalGEM’s review of the on -site abandoned well. Evidence of compliance shall be submitted to the City of Visalia department of Community Development Department. In addition, the
Project proponent shall include information about any
abandoned wells within the Project site in the Tulare County Recorder’s title information of the Project site.
Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia
HAZ–3 In the event that abandoned or unrecorded wells are uncovered or damaged during excavation or grading activities, all work shall cease in the vicinity of the well, and the California Department of Conservation, Geologic Energy Management Division
(CalGEM) shall be contacted for requirements and approval.
CalGEM may determine that remedial plugging operations may be required. Copies of said approvals shall be submitted to the City of Visalia Community Development Department
Project
Applicant
During
grading and
construction
activities
City of
Visalia
Noise
NOI - 1: Prior to issuance of building permits for development within the Neighborhood Commercial Zone, the City of Visalia will
determine if a detailed acoustical study shall be prepared by a certified professional to document potential impacts to onsite Project
Applicant
Prior to
issuance of
building
permits
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-14 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
and offsite noise-sensitive land uses (as determined by the City of Visalia’s General Plan and Municipal Code thresholds). When specific uses within the Neighborhood Commercial Zone are proposed that could result in a noise‐related conflict between a commercial or other stationary noise source and existing or proposed noise‐sensitive receptor, an acoustical analysis shall be required by the City of Visalia that quantifies Project‐related noise levels and recommends appropriate mitigation measures to achieve compliance with the City’s noise standards. Potential impacts in exceedance of the City of Visalia’s standards shall require incorporation of mitigation such as increased setbacks, sound walls, equipment enclosures, site design, and enhanced building materials to reduce impacts to levels below the City of Visalia standards. Development that cannot incorporate mitigation to reduce impacts to acceptable City of Visalia standards shall not be approved. Evidence of compliance with this mitigation measure shall be p rovided to the City of Visalia prior to issuance of building permits.
NOI - 2: For Project components involving new sensitive receptors (residential land uses) within the cumulative 65 dB Ldn noise contours of adjacent roadway segments (Avenue 320, Shirk Road, Riggin Avenue, and Akers Street as identified in Table
3.13-12), the City of Visalia will require construction of block walls to achieve noise attenuation to below the City’s noise thresholds. The City of Visalia Design and Improvement
Standards provide guidelines and standards for the construction of block walls, within the Cit y of Visalia. Standard wall heights permitted by the City of Visalia range between 6‐foot to 7‐ foot Project
Applicant
Prior to
issuance of
grading or
building
permits
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-15 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
in height. Depending on the height and geometric relationship between the roadway and the receiver location, walls of this height range would be typically expected to provide between approximately 5‐6 dB of noise attenuation. While specific wall height requirements would generally be determined once final lot layout designs and elevations are known, wall heights of up to 7 feet will be sufficient to mitigate traffic noise within all proposed residential land uses, to below the City’s acceptable maximum allowed noise exposure levels. Evidence of
compliance with this mitigation measure shall be provided to the City of Visalia prior to issuance of building permits.
NOI - 3: For the proposed drive -through car wash facility in the Mixed Use Commercial Zone, the Project shall implement an IDC 100 horsepower Predator Blower System running at 55Hz with a 10’ wall with AcoustiBlok lining. Evidence of compliance with this mitigation measure shall be provided to the City of Visalia prior to issuance of occupancy permits.
Project
Applicant
Prior to
issuance of
building
permits
City of
Visalia
NOI - 4: Bus movements occurring off public roadways (but on school campus) shall not occur within ninety feet of any residential outdoor activity area. Evidence of compliance with this mitigation measure shall be provided to the City of Visalia prior to issuance of building permits.
Project
Applicant
Prior to
issuance of
building
permits
City of
Visalia
Transportation
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-16 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
TRA-1:
Prior to issuance of building permits, the Project shall pay into the City of Visalia’s Transportation Impact Fee (TIF) program. The TIF amount will be calculated based on the City’s adopted fee schedule in place at the time of the application of building permits. This will be itemized and enforced through conditions of approval or a development agreement, at the discretion of the City.
Project
Applicant
Prior to
issuance of
building
permits
City of
Visalia
TRA-2:
Prior to the issuance of building permits, the Project will be responsible for paying its pro -rata fair share cost percentages and/or constructing the recommended on -site improvements and site -adjacent improvements identified in Tables 3.17-11, 3.17-15 and 3.17-16, subject to reimbursement for the costs that are in excess of the Project’s equitable responsibility as determined by the City. This will be itemized and enforced through conditions of approval or a develo pment agreement, at the discretion of the City.
Project
Applicant
Prior to
issuance of
building
permits
City of
Visalia
TRA-3:
Prior to the issuance of construction or building permits, the Project developer shall:
Prepare and submit a Construction Traffic Control Plan to City of Visalia, as appropriate, for approval. The Construction Traffic Control Plan shall be prepared in accordance with both the California Department of Transportation Manual on Uniform Traffic Control Devices and Work Area Traffic Control Handbook and shall include, but not be limited to, the following issues:
a. Timing of deliveries of heavy equipment and building materials; Project
Applicant
Prior to
issuance of
construction
or building
permits
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-17 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
b. Directing construction traffic with a flag person;
c. Placing temporary signing, lighting, and traffic control devices if required, including, but not limited to, appropriate signage along access routes to indicate the presence of heavy vehicles and construction traffic;
d. Ensuring access for emergency vehicles to the project site; e. Temporarily closing travel lanes or delaying traffic during materials delivery, transmission line stringing activities, or any other utility connections;
f. Maintaining access to adjacent property; and,
g. Specifying both construction-related vehicle travel and oversize load haul routes, minimizing construction traffic during the AM and PM peak hour, distributing construction traffic flow across alternative routes to access the project sites, and avoiding residential neighborhoods to the maximum extent feasible.
Tribal Cultural Resources
TRI-1: Prior to any ground disturbance, a surface inspection of the site shall be conducted by a Tribal Monitor. The Tribal Cultural Staff shall monitor the site during grading activities. The Tribal Staff shall provide pre -project-related information to supervis ory personnel and any excavation contractor, which will include information on potential cultural material finds and on the procedures to be enacted if resources are found. Prior to any ground disturbance, the applicant shall offer the Santa Rosa Indian Community of the Santa Rosa Rancheria the opportunity to provide a Native American Monitor during ground-disturbing Project
Applicant
Prior to
ground
disturbance
City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-18 Mitigation Measure
Party
responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
activities. Tribal participation would be dependent upon the availability and interest of the tribe.
TRI-2: In the event that historical or archaeological cultural resources are discovered during project -related activities or
decommissioning, operations shall stop within 100 feet of the find, and a qualified archeologist shall determine whether the resource requires further study. The qualified archaeologist shall determine the measures that shall be implemented to protect the discovered resources including, but not limited to, excavation of the finds and evaluation of he finds and evaluation of the finds in acco rdance with § 15064.5 of the CEQA
Guidelines. Measures may include avoidance, preservation in - place, recordation, additional archaeological resting, and data recovery, among other options. Any previously undiscovered resources found during project -related activities within the project area shall be recorded on appropriate CA Department of Parks and Recreation forms and evaluated for significance. No further ground disturbance shall occur in the immediate vicinity of the discovery until approved by the qualified archaeologist.
The Lead Agency, along with other relevant or tribal officials, shall be contacted upon the discovery of cultural resources to begin coordination on the disposition of the find(s). Treatment of any significant cultural resources shall be undertaken with the approval of the Lead Agency.
Project
Applicant
Ongoing City of
Visalia
TRI-3: Upon coordination with the Lead Agency, any archaeological artifacts recovered shall be donated to an appropriate tribal Project
Applicant
Ongoing City of
Visalia
Carleton Acres Specific Plan EIR | MMRP
CITY OF VISALIA | Crawford & Bowen Planning, Inc. MMRP-19 Mitigation Measure
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responsible for
Implementing
Mitigation
Timing
Party
responsible
for
Monitoring
Verification
(name/
date)
custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines.
TRI-4: If human remains are discovered during project -related activities 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
discovery of human remains, at the direction of the County Coroner.
Project
Applicant
Ongoing City of
Visalia
ViaemailBrandonSmithCityofVisaliaPlanningDivision707W. AcequiaAve.Visalia,CA93291([email protected]) RE:CostcoCommitmentsinResponsetoSanJoaquinAirPollutionControlDistrictCarletonAcresSpecificPlanDraftEIRCommentLetter DearBrandon,
Asyouknow, CostcoWholesalehasproposedthatanewCostcowarehouse,fuelfacilityandcarwash(the“CostcoProject”)beapprovedbytheCityofVisalia(“City”)asthefirstcommercialdevelopmentwithintheproposedCarletonAcresSpecificPlanarea.TheCostcoProjectwascontemplatedinandevaluatedwithintheDraftEnvironmentalImpactReportfortheSpecificPlan,StateClearinghouseNo.2021050418(“DraftEIR”).TheSanJoaquinValleyAirPollutionControlDistrict(“District”)submittedcommentsontheDraftEIRbyletterdatedJune19,2023.AstheCitypreparesresponsestotheDraftEIRcommentsandpreparesforupcomingpublichearingsconcerningtheSpecificPlanandtheCostcoProject,wethoughtitmaybeusefultonotesomeoftheelementsrecommendedbytheDistrictthatareembracedwithintheCostcoProject.Thisletterdocumentssuchfeatures. 1 Sitescreeningfromsensitivereceptors:AlongtheCostcoProject’snorthernpropertyline,a15feetwidelandscapedbufferisplanned.Similarly, a10feetwidelandscapedbufferisplannedalongtheCostcoProject’seasternpropertyline.EachoftheseareasoftheCostcoProjectwillbescreenedwithacombinationofdense,evergreentreesandtallshrubs.Moreover, Costcowillinstalla6feethighmasonrywallalongthenorthernportionoftheeasterlypropertylineoftheCostcoProject(alongthewarehousebuildingfrontage)inordertofurtherbufferitsactivitiesfrompotentialfuturesensitivereceptors.
Loadingdockorientation:Theclosestfuturesensitivereceptors(plannedmediumdensityresidentialuses)willbelocatedeastandnorthoftheCostcoProjectsite.TheCostcoProjectloadingdockisplannedforthesouthsideoftheCostcowarehousestructure,facingWestRigginAvenue.Notably, theloadingdockisproposedtoberecessedmorethan4feetbelowgrade,withascreeningwalllocated3’ 1 PleasesubstitutethisletterfortheonesubmittedJuly24,2023asthatlettercontainedatypographicalerrorandthisoneincludesadditionaldata.
8”abovegrade.Further, asnotedabove,Costco’splansincludea6feethighmasonrywallalongthefullpropertylineontheeasternedgeoftheCostcoProject.Thesemultiplefeatureswillminimizenoiseandemissionsatsensitivereceptorlocations.
Circulationsignage:TheCostcoProjectwillincludesignsandbuildingfeaturesonthewarehouse,fuelstation,andcarwashtoclearlyindicatewherethefacilitiesthemselvesandtheirentrancesandexitsarelocatedonthesite.Thesiteisdesignedwithdriveaislesandparkingaislesthatenableintuitivetravelthroughoutthesite.Thesefeatureswillminimizeunnecessaryon-sitevehicletravel.
Truckentry:DeliverytrucksservingtheCostcoProjectwillapproachanddepartthesiteonthenon-residentialstreetsofW. RigginAvenueandN.ShirkStreet,aswellasonN.DentonStreetimmediatelyadjacenttothecommercialdevelopment.
Truckrouting:Costcomanagesitsowntruckfleetandworkswithindependentdriverstofocusdeliverytrucktravelondesignatedtruckroutesandtoavoidtraversingthroughresidentialcommunitiesornearsensitivereceptors.TheanalysisassumptionsforHHDtrucksthatwouldservetheproposedCostcowarehouseandfuelstationwerepreparedbyKittelson&Associates,Inc.,Costco’stransportationengineeringconsultant.ThedeliverytruckrouteassumptionsareprovidedinFigure1ofAppendixCoftheDraftEIR.
Furthermore,additionaldetailsrequestedbytheDistrictarefoundinTableA-1throughTableA-3ofAppendixCoftheDraftEIR,whichdetailsthehealthriskassessmentpreparedfortheCostcoProject.ThetimeofdayanddaysoftheweekwhenthetruckswouldoperatewereaccountedforwhenperformingtheairdispersionmodelingasdescribedinAppendixCoftheDraftEIRinsupportofthehealthriskassessment.DeliveriestotheproposedCostcofuelstationwereassumedtooccuratanydayandtime,anddeliveriestotheproposedCostcowarehousewereassumedtooccurbetween2AMand1PMforeverydayoftheweek.TheenddestinationforeachdeliverytruckisprovidedastheproposedCostcoProjectsite,andthehealthriskassessmentfocusesontheareaoftheCostcoProjectandthereceptorssurroundingtheprojectsite.Thus,theoriginsofthetrucktripswerenotofconsequenceforthehealthriskassessment.ThisisconsistentwithSJVAPCDDraftGuidanceforAirDispersionModeling.
Rooftopsolarandcleanenergy:Costco’swarehousebuildingwillbecoveredwithalight-coloredroofingmaterialexceedingtheminimumsolarreflectiveindexof78suggestedbytheDistrict.Inaddition,theCostcowarehouseroofwillbesolar-ready. Costcoisinvestinginasustainablefutureandimplementsmanymeasuresandprogramstothatend(seehttps://www.costco.com/sustainability-introduction.html).AsbutonepartofCostco’sefforts,Costcoownsandoperatesmorethan100on-sitesolarsystemsaroundtheworld,withanintentiontoexpandon-sitesolaroperations;havingasolar-readyroofonthewarehouseoftheCostcoProjectwillensurethatCostcocaninstallsolarpanelsherewhendoingsoislogicalandfeasible.Additionally, Costcohascommittedtosecuring80%cleanpurchasedenergyby2030.Tomeetsuchgoal,Costcowillsourceanincreasingpercentageofcontractpurchasesfromlowcarbonenergysourcesthrough2030andbeyond.
Within California, Costco already uses 33-50% renewable energy and is seeking additional assets and fashioning agreements with power providers to achieve 100% renewable energy by 2024.
Refrigerated trucks: Costco loading dock operating protocols are designed to minimize truck idling and associated emissions. All regulations concerning idling are followed, each truck is unloaded efficiently, and trucks do not linger at the loading dock.
Bicycle parking: The Costco Project will include short-term and long-term bicycle parking (to serve both customers and employees) in full compliance with the California Building Code.
Construction period: Assuming that temporary power is available, Costco will designate an area to charge electric-powered construction vehicles and equipment. Costco will prohibit the use of non-emergency diesel-powered generators during construction.
Measures limiting emissions from trucks and on-site service equipment: Costco will continue to comply with CARB requirements surrounding fleet electrification and other techniques to meet the State’s emission goals during operations. Costco’s equipment used within the warehouse facility to move merchandise (such as pallet jacks and forklifts) and clean floors (scrubbers) will be electrically powered.
Under-fired charbroilers: Costco does not anticipate using under-fired charbroilers within the Costco Project.
Electric vehicle charging: The Costco Project will include designated electric vehicle parking spaces and operable electric charging stations in full compliance with the California Building Code.
District rules: Costco will comply with all applicable District rules and regulations governing construction and operation of the Costco Project.
Costco appreciates the opportunity to supply this information and looks forward to proceeding with the Costco Project so as to better serve its members within the Visalia environs.
Sincerely,
Pari Holliday
Real Estate Development Director