Agenda packet — Visalia City Council, November 6, 2023 (part 2 of 3)

Without limiting the City of Visalia’s right to indemnification, it is agreed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statutes. 272
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2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this contract shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”
In addition, the commercial general liability and comprehensive automobile liability policies required by this contract shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under this contract with the City of Visalia.” J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Access. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner. When working in City Right of Way, the Contractor shall comply with the California Department of Transportation, Manual of Uniform Traffic Control Devices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours. Street closures will not be allowed except as specifically permitted by the City and the proper governmental authority. The contractor shall prepare any traffic control or detour plans that may be required as directed by the City of Visalia.

K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and services rendered under this bid complies, as applicable, with the Occupational Safety and Health Act of 1970 (or latest revisions), including all applicable amendments thereof, the State of California Industrial Safety Act, and regulations issued 273
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thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of conflicts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various prices named in the bid sheet for completion of the work.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at http://www.visaliapurchasing.org.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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T. EXECUTIVE ORDER N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-13, LANDSCAPE MAINTENANCE OF QUADRANT M
In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-13 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipment, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs associated with performing the work described in the bidding documents including all exhibits and attachments.

BIDDER hereby agrees to execute a contract and provide insurance and a performance bond within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

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

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

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
• Level A service for all areas, or
• Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.

BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Quadrant, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.
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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT M, PER SPECIFICATIONS OF RFB-22-23-13 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 61,025 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 105,150 X $________/sq. ft. = $_____________ Total Monthly for Level A Service $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager. $__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign ________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 277
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Name of Bidding Agency:____________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________ BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:
10% Bid Guarantee Bond Yes______ No________
Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________ If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

REFERENCES
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
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Name of Bidding Agency:____________________

SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 to 4113 inclusive of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and the approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
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EXHIBIT “B-1”
Submit with Bid

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

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

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

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

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

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

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

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________ Business Address: ____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):
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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That we, ___________________________________________________________________________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 22-23-13
Project: Landscape Maintenance of Quadrant M in Visalia, CA NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _______________________________ day of _______________________________, 2023 Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________ Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________ Date:____________________ Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged. 282
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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):

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

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

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 283
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EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

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EXHIBIT “B-6”
Submit with Bid

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

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EXHIBIT “B-7”
Submit with Bid
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _____________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 286
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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )

TITLE OF PERSON SIGNING
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

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

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

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

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-9”
Submit with Bid

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

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 288
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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT M
(City of Visalia Bid No. 22-23-13)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-13 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the CITY’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
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2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-22-23-13, Landscape Maintenance of Quadrant M, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-13

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 22-23-13.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval. 290
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

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

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager
Dated: _______________ By: _________________________________________________ City Attorney
Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 291
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Exhibit “C”
Attachment 1

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

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

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

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

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

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

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

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 292
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 293
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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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RFB-22-23-13
Quadrant M Landscape Maintenance
Addendum No. 01

Page 1 of 1 ends

ADDENDUM No. 01
Issued: September 20, 2023
Project: RFB-22-23-13, Annual Contract for Landscape Maintenance of Quadrant M Bids Due: Tuesday, September 26, 2023, at 11:00 a.m.

This Addendum is being issued to provide additional information regarding this RFB. This Addendum becomes part of the bid document and must be signed and submitted with bid.

ITEM 1: QUESTIONS/ANSWERS
Q.1 I would like to request a copy of the current contract in place for Quadrant M. Response:The contract is currently held by Quality Landscape Construction, a copy of the current pricing is attached. This contract was a temporary emergency contract and the scope of work (services) are not the same as the scope of work for RFB-22-23-13, which includes the updated scope of work.

Q.2 The specs state that awarded contractor needs to obtain an encroachment permit, is that necessary? Response:

Yes, due to the occasional work that may take place in a City median or right of way.

Q.3 Is Saturday/Sunday work acceptable? Response: Only with prior approval from Project manager for some type of special instance.

Q.4 Specs state that trash needs to be picked up weekly. What if it is picked up and then the very next day the area is littered again? Response: The Contractor is obligated to pick up trash weekly. Once in a while there could be a few occasions that the contractor might be called on to clean an area that requires it due to illegal dumping.

Q.5 What is the approximate work start date? Response: Ideally, the contract could begin on November 1st or no later than December 1st. We start contracts on the 1st of the month. However, the Award of Contract needs to be made by the City Council, bonds and insurance will need to be collected and a contract will need to be fully executed prior to the Contractor proceeding with any work or receiving a purchase order/contract. Therefore, we cannot guarantee the contract will begin on November 1st or December 1st.

Q.6 If any rodent or other pest chemicals will be needed (pg. 15) materials will be extra? Response: The cost of materials shall be included in the bidder’s amount and no extra payment is made for it.

ITEM 2: WAGE CHECK The Prevailing Wages for this work were checked on 9/18/23 and there have been no changes to the wages originally advertised with this RFB.

ITEM 3: ADDITIONAL INFORMATION
Included: Sign in sheet from the Non-Mandatory Pre-Bid Meeting held on Tues. Sept. 12, 2023 at 9:00am.

PROPOSER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334 Bidder to sign and submit with Proposal.

Firm: Date:

By:

Signature
City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 296

3.815 Acres 166,185 Total Sq. Ft.

Area Description Turf Sq Ft Planter Sq. Ft.

Fairview Village #4 16,357 540
Fairview Village #5 13,700 12,120
Gidding Heights #2 5,756 2,708
Gidding Heights #3 3,640 9,200
Gidding Heights #5 4,316 -
Luisi Acres #1 2,540 27,331
Luisi Acres Phase #1 3-4 - 23,775
North Park Homes 14,716 3,031
Luisi Acres Unit 2 1,890
Catalina 6,500
Eagle Meadows 7,800
Luisi Acres 5 1&2 10,265
Totals 61,025 105,160

LANDSCAPE MAINTENANCE OF QUADRANT M
RFB-22-23-13
EXHIBIT D-1
297
Luisi Acres 5 1&2
Landscape Areas
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0400 Agenda Date: 11/6/2023 Agenda #: 10.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-04 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant C to Perfect Care Landscape and Maintenance, of Tulare, CA, for an annual not to exceed amount of $128,851.00.

Deadline for Action: 11/6/2023
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Perfect Care Landscape and Maintenance, of Tulare, CA, in the amount of $117,136.92 plus a ten percent contingency, per specifications of RFB 22-23-04. The total annual not to exceed amount is $11,713.69.

Background Discussion:

The previous Quadrant C landscape contract expired on June 30, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant C is in the northeast portion of the City, between N. Cain ST. to the west, St. John’s River to the north, future Tower ST. to the east, and E. Mineral King Ave. to the south, and is one of several Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On August 30, 2023, and September 6, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Wednesday, September 13, 2023, a pre-bid meeting was held in the City Council Chambers. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.

On September 27, 2023, the City received bids from five (5) contractors in the Bid Summary below. Perfect Care Landscape and Maintenance, of Tulare, CA was the qualified low bidder for RFB 22-23-04 Landscape Maintenance of Quadrant C contract.

Visalia City Council Page 1 of 3 Printed on 11/3/2023
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File #: 23-0400 Agenda Date: 11/6/2023 Agenda #: 10.
· Perfect Care Landscape & Maintenance, Tulare, CA $117,136.92 annually · Clean Cut Landscape Management, Clovis, CA $129,273.00 annually · JC’s Land Management, Inc., Kingsburg, CA $130,152.24 annually · Elite Maintenance and Tree Service, Clovis, CA $135,297.96 annually · Brightview, Fresno, CA $145,123.06 annually
With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) Perfect Care Landscape and Maintenance currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant C at a “Level A” service.

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

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

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

Fiscal Impact:

The fiscal impact for RFB 22-23-04 Annual Contract for Landscape Maintenance of Quadrant C will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Visalia City Council Page 2 of 3 Printed on 11/3/2023
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File #: 23-0400 Agenda Date: 11/6/2023 Agenda #: 10.

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for landscape maintenance of Quadrant C, to Perfect Care Landscape and Maintenance, (RFB 22-23-04) for an annual not to exceed amount of $128,851.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of Quadrant C RFB 22-23-04, Exhibits, Perfect Care Landscape and Maintenance signed bid form.

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BID NO. 22-23-04

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT C
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-04

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT C
Bid Submittal Deadline:Wednesday, September 27, 2023, at 11:00 A.M.

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein.

The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected]. All questions must be received by 4:00pm on Tuesday, September 19, 2023.

Legal Ads 8/30/23 & 9/6/23
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TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance...................................................................................... 11 C. Important Notice................................................................................................... 22 D. Department of Industrial Relations Requirements............................................... 22 E. City of Visalia Labor Compliance Manual............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency.............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate.......................................................................................... 26 E. Examination of Specifications and Site(s) of Work.............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs..................................................................................................... 27 VIII.Protests and Appeals............................................................................................... 27 IX. Award and Execution of Contract........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award............................................................................................... 29 C. References........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 29 A. City-Contractor Relations..................................................................................... 29 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities.................................................................................................... 30 D. Labor.................................................................................................................... 31 E. Use of City Personnel and Equipment................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment................................................................................. 32 C. City’s Right to Withhold Certain Amounts............................................................ 32 D. Extra Work ........................................................................................................... 33 XII. Legal Responsibilities & Special Provisions......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default.............................................................. 34 D. Permits and Licenses........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification............................................................................. 35 319
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J. Public Convenience and Safety........................................................................ 36 K. Safety Orders.................................................................................................... 36 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions.................................................... 38 Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ...............................................................................................39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities.................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Ownership Disclosure Form ...................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification............................................................ 50 Exhibit B-9 Iran Contracting Act Certification............................................................... 51 Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements.................................... 57 Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map (4 pages)
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual
Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS
For the purposes of RFB NO. 22-23-04 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 22-23-04.

II. INTRODUCTION
The City of Visalia is requesting bids for landscape maintenance of an area identified as Quadrant C.

Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 570,843 sq. ft. (13.105 acres). Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Wednesday, September 13, at 11:00 A.M.

Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected] .

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 321
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The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance contract: Notice is hereby given that this is a Public Works Maintenance Contract.

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR); 2) Furnish electronic certified payroll records to the Labor Commissioner. Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

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

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

The City of Visalia reserves the right to reject any or all bids. 322
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III. INSTRUCTIONS TO BIDDERS

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

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

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

From: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope write or type: Landscape Maintenance Quadrant C RFB NO. 22-23-04

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

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

6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected] Questions regarding this RFB are due no later than 4:00pm on Tuesday, September 19, 2023.

IV. LANDSCAPE AND LIGHTING MAINTENANCE ACREAGE POLICY
Effective June 18, 2023: The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants).

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and maintain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60-acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an existing landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

This exception will only apply for the duration of the current maintenance contract. 323
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3. Landscape Maintenance contractors are limited to a maximum of 60-acres of territory in the City of Visalia. If a Contractor is not yet at the 60-acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contractor is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60-acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

V. CONTRACT ACCEPTANCE AFTER AWARD
Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting. 324
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VI. SCOPE OF WORK/SERVICES
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
• No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
.
• All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities. 325
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Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.
• All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.
• All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.

Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.

Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km). 326
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These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slowrelease nitrogen source.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.

12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a a $100 penalty per incident or termination of contract if multiple incidents are noted. The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor. b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or 327
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proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Managers shall discuss any penalties to the contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas. a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be 328
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irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Proper solenoid replacement should be completed with dry and tight connections • Minor graffiti removal from irrigation controllers
• Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.
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Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.

The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of materials only. • Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the
City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident. • Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devises to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water. d. Turf Watering All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede 330
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the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the PM.
f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Natural Resource and Conservation Department to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials.
j. Remote Control Receiver: Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.
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Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. • Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
• Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
• Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
• Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
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c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants. a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walk, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.

Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining.

No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the 333
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Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Visalia, Corporation Yard for storage.

The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
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d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slowrelease fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to contractor faulty maintenance or negligence shall be determined by the Project Manager.

The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.

In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines. 335
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c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The contractor will perform the work and the City will pay for the contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST plus 10%.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The contractor will perform the work and The City will pay for the contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from contractor. • Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for contractor’s employees to operate equipment.
• All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers. • All mowers must be cleaned prior to each mowing to avoid possible weed invasion. • Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
• Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
• Blades must be kept sharp at all times to prevent turf damage. • Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
• Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
• Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
• Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
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b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and MidNovember of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor will notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus. g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. 337
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Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth. b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e.

Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

Note: If and when using a blower or other power equipment the City’s municipal code

8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m. a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;
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b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IMPORTANT NOTICE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after will be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract. 339
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❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. ❑ As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html . ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention. ❑ In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location. ❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). ❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract. o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
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o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b) (3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. o As set forth in CLC section 1775(b) (4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works. ❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. ❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. 341
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❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
❑ As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into This RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VII. GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

B. TERM OF CONTRACT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.
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C. PRICING
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

E. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

F. DISCREPANCIES AND MISUNDERSTANDINGS
No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.

The contractor will bear no liability for any errors that he discovers and reports to the City. 343
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The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

G. BID FORMS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

I. DISQUALIFICATION OF BIDDERS
Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VIII. PROTESTS/APPEALS
Because it is essential that bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer bidders the opportunity to appeal award of contracts.

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

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

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

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

IX. AWARD AND EXECUTION OF CONTRACT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

The award, if made, will be made within ninety (90) days from bid closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.

4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract 345
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or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.

X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have 346
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control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which time and/or financial considerations are involved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shall be liable for all damage done to any structure arising through his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such improvements. The contractor shall notify the project manager and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

The contractor shall notify the owners of all utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.
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2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a meter, if required by said authority, of a size and type acceptable to said authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor understands that any offers of assistance by City Personnel are unauthorized and the contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. If the remote and keys need to returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment, and materials whenever City forces are called upon to repair damage caused by the contractor in the performance of work associated with this contract.
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F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XI. MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:

• Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers. • Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.

The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
• Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
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• When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-2 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear 5% 25% 20% 25% 15% 5%
Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur. • If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
• If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment. • The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.
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XII. LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

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

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

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

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

5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned in Section E) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
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E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

1. Workers’ Compensation insurance as required by California statutes. 352
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thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

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T. EXECUTIVE ORDER N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

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Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-04, LANDSCAPE MAINTENANCE OF QUADRANT C
In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-04 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT C, PER SPECIFICATIONS OF RFB-22-23-04 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 318,030 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 252,813 X $________/sq. ft. = $_____________ Total Monthly for Level A Service $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager. $__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign ________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 357
BID NO. 22-23-04

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Name of Bidding Agency:____________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________ BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:
10% Bid Guarantee Bond Yes______ No________
Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________ If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

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Name of Bidding Agency:____________________

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EXHIBIT “B-1”
Submit with Bid

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

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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 22-23-04
Project: Landscape Maintenance of Quadrant C in Visalia, CA NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

Note: Signatures of those executing for the surety must be properly acknowledged. 362
BID NO. 22-23-04

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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

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

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EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

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EXHIBIT “B-6”
Submit with Bid

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EXHIBIT “B-7”
Submit with Bid
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )

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EXHIBIT “B-9”
Submit with Bid

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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT C
(City of Visalia Bid No. 22-23-04)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-04 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

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2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-22-23-04, Landscape Maintenance of Quadrant C, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-04

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 22-23-04.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

6. CONTRACT PRICE ADJUSTMENTS:

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

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

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Exhibit “C”
Attachment 1

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

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 372
BID NO. 22-23-04

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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

4. Other Insurance Provisions.

5. Endorsements.

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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
375
RFB-22-23-04
Quadrant C Landscape Maintenance
Addendum No. 01

Page 1 of 1 ends

ADDENDUM No. 01
Issued: September 22, 2023
Project: RFB-22-23-04, Annual Contract for Landscape Maintenance of Quadrant C Bids Due: Wednesday, September 27, 2023, at 11:00 a.m.

This Addendum is being issued to provide additional information regarding this RFB. This Addendum becomes part of the bid document and must be signed and submitted with bid.

ITEM 1: QUESTIONS/ANSWERS
Q.1 I would like to request a copy of the current contract in place for Quadrant C. A copy of the current pricing is attached. This contract was a temporary emergency contract and the scope of work (services) are not the same as the scope of work for RFB-22-23-04, which includes the updated scope of work.

Q.5 What is the approximate work start date? Response: Ideally, the contract could begin on November 1st or no later than December 1st. We begin contracts on the 1st of the month. However, the Award of Contract needs to be made by the City Council, bonds and insurance will need to be collected and a contract will need to be fully executed prior to the Contractor proceeding with any work or receiving a purchase order/contract. Therefore, we cannot guarantee the contract will begin on November 1st or December 1st.

ITEM 2: WAGE CHECK The Prevailing Wages for this work were checked on 9/18/23 and there have been no changes to the wages originally advertised with this RFB.

ITEM 3: ADDITIONAL INFORMATION
Included: Sign in sheet from the Non-Mandatory Pre-Bid Meeting held on 9/13/23 at 11:00am.

PROPOSER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334 Bidder to sign and submit with Proposal.

Firm: Date:

By:

Signature
City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 376
QUADRANT C EXHIBIT D-1
TOTAL SQ. FT 570,843 13.105 Acres
District # District Name Turf Sq. Ft. Planter Sq. Ft. Acres LL0099 Andrea Court - 775 0.018
LL0099 Burgundy Village 7,963 1,042 0.207
LL0099 Four Creeks #1 4,687 - 0.108
LL0099 Four Creeks #2 12,651 234 0.296
LL0099 Golden Oak 5,668 418 0.140
LL0099 Golden West Village - 5,100 0.117
LL0099 Golden West Village/Bikeway 24,984 330 0.581
LL0099 Houston & McAuliff 7,416 4,207 0.267
LL0099 Houston Ave. Bikepath 15,846 - 0.364
LL0099 Kennedy Heights 1,158 1,029 0.050
LL0099 Millcreek Parkway 16,700 1,214 0.411
LL0099 Nunes Heights 3,290 1,820 0.117
LL0099 Old Town Court - 775 0.018
LL0099 Sequoia Heights/Bikeway 6,013 11,280 0.397
LL0099 St.Johns Parkway Median 3,547 246 0.087
LL0099 St.Johns Parkway Med./Maple-Lvr.Ln. 6,810 665 0.172 LL0099 Valley Oaks #4 - 5,300 0.122
LL0099 Valley Oaks #5 7,620 3,880 0.264
LL0099 Valley Oaks Estates #1 & #2 - 6,102 0.140
LL0099 Valley Oaks Estates #5 - 3,660 0.084
LL0099 Virmargo Bikepath 35,850 13,480 1.132
LL0099 Woodsville Court - 775 0.018
LL0103 River Run Ranch #1 11,200 19,400 0.702
LL0103 River Run Rch #2 & 5 14,238 9,547 0.546
LL0103 River Run Ranch #3 & #4 10,300 18,100 0.652
LL0309 Creekside #1 6,127 3,718 0.226
LL0309 Creekside #2 8,915 3,718 0.290
LL0315 East Oak Estates 7,400 5,500 0.296
LL0405 Sierra Point Villas 4,490 11,535 0.368
LL0522 Willow Crk Pocket(Riverwood #1) 32,480 1,160 0.772 LL0522 Willow Creek #1 3,570 11,245 0.340
LL0522 Willow Creek #2 18,420 28,860 1.085
LL1304 Oakglen Estates - 4,205 0.097
LL1602 Pine River Ranch Estates Phase #1 - 14,258 0.327 LL1602 Pine River Ranch Estates Phase #2 - 15,000 0.344 LL1603 River Run Ranch Phase 5 - 6,670 0.153
LL8901 Kirkwood #1 & #2 9,614 8,859 0.424
LL8902 Green Pine 1,617 2,708 0.099
LL8907 Spanish Oaks 900 1,048 0.045
LL8913 River Oak Park #6 3,200 850 0.093
LL9102 Rivers Edge #2 3,788 7,538 0.260
377
LL9107 St. Charles Place 780 1,260 0.047
LL9202 East Roosevelt Estates - 1,485 0.034
LL9207 Sierra Point #1 7,980 3,850 0.272
LL9207 Sierra Point #4 4,600 2,400 0.161
LL9207 Sierra Point #5 1,488 1,511 0.069
LL9208 Sequoia Heights 950 1,175 0.049
LL9209 Golden Valley Estates 5,770 4,300 0.231
LL9301 Emerald Park #2 - 581 0.013
TOTAL 318,030 252,813 13.105
378
Willow Creek #1
Willow Creek
Pocket Park
Sierra Point #1
Sierra Point Villas
Sierra Point 4-5
Creekside 1 & 2
Willow Creek #2
Kirkwood
Mill Creek Parkway Median
EVANS
MILL CREEK E Birch
Ave
N Vista St
E Manzanita Dr
S Lovers Lane
E Sunset Ct
N Simon St
S Mc
Auliff St
E Acequia Ct
E Willow
Ave
E Oak Ave
E Center Ct
E Villoy
Ave
E Acequia Ct
E Willow Ct
E Mineral King Ave
E Duran Ct
E Willow Ave
E Burrel Dr
E Oak Ave
E Center Ct
E Willow Ct
E Oak Ct
E School Ct
E Noble
Ave
S S mi on St E Logan Ct
E Goshen
Ave
N Manzanita St
N W ni d St
S Mc
Auliff St
E School Ave
N Palm St
S Sol St
E Duran Dr N Sol St
N Arroyo St
N Manzani at St
N Amador St
E Birch Ct
N
Simon St
S Arroyo St
E Velie Dr
E Acequia
Ave
S Manzani at St
S Citrus Ct
N Citrus St
N Crumal Ct E Stapp Dr
N Coms ot ck St
E Murray Ct
N
Vista St
N
Casablanca St
E Center Ct
E Vista Dr
N Vista
Dr
E Center
Ave
E Cathie Ct
N
Amador St
E Race
Ave
N Sol St E Villoy
Ave
E Acequia Ave
N Lovers
Lane
S Sol Ct
E Race
Ave Rd 146
E Mineral King Ave
S V si at St
N
Mc
Auliff St
N Crumal St
E Mill Creek Pkwy
N S mi on St
E Stapp Ave
E Murray Ave
E Race
Ave
E Race
Ave
E Birch Ave
N Sum et r St
E Mineral King Ave
S Lovers
Lane
E Birch Ave
E Sycamore Ave
S Crumal St
E Vista Ave
Hwy 198
EVANS

MILL CREEK

NEIGHBORHOOD
C i t y o f V i s a l i a L & L D i s t r i c t C

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City of Visalia
District C
Legend
Railroad
Waterways
Parcels
basins
Parks
R. Conaway 12/19
1:7,778
0 0.25 0.5
Miles ±
379
Sequoia Heights Bikepath
Sequoia Heights
Spanish Oaks

MILL CREEK
EVANS
E Goshen Ave
E Main St
N Lovers Lane
N Vi mr argo St
E Duran Dr
S Ark el St
S Lovers Lane
E Oak Ave
E Valley Oaks Dr
N Valley Oaks Dr
E Mill Creek Pkwy
S Dunwor ht St
E Center Ct
Private St
E Murray Ct
N I mr a St
E Birch Ave
E School Ct
E Valley Oaks Ct
E Mill Creek Pkwy
C i t y o f V i s a l i a L & L D i s t r i c t C
0 0.25 0.5
Miles

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±
City of Visalia
District C
Legend
Railroad
basins
Parks
Waterways
R. Conaway 12/19
1:7,778
380
Golden West Village Bikeway
Oakglen Estates
E Houston Ave
E Douglas Ave
Private St
N Mc Auliff St
N Coms ot ck St
E St Johns Pkwy
N V si at St
E Roosevelt Ave
Rd 146
E Harold Ave
N Sol St N Sol Ct
E
Auburn Dr
N
Madera St
N
Manzanita St
E Elowin Ave
N Citrus Ct
E Grove Ave
N Simon Ct
N River Run St
N Auburn Ct
N Crumal St
E Cecil Ct
N
Grand Ct
N Teakwood St
Ivanhoe Dr
N R oi V si at Ct
E Grove Ct
N S mi on St
E Sanders Ct
E Mc Kinley Ave
N Madera Ct
N Sumter Ct
N Arroyo St
E Roosevelt Ct
N
Comstock Ct
N
Sol St
N
Citrus Ct
N Mc Auliff St
Rd 146
E Grove Ave
E Cecil Ct
C i t y o f V i s a l i a L & L D i s t r i c t C
0 0.25 0.5
Miles
Golden Valley Estates /
Houston & McAuliff
Golden Valley Estates
River Run Ranch #3 & 4
River Run Ranch #1
East Oak Estates

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City of Visalia
District C
Legend
Parks
Railroad
Waterways
R. Conaway 02/22
1:6,970
±
4 River Run
Ranch PH.5
381
Andrea Ct. Woodsville Ct.

River Oak Park
Virmargo Bikepath
Rivers Edge St Johns Median Cedar to Lvrs Ln
Green Pine
Valley Oaks Estates 1-5
Nunes Heights
Burgundy Village Four Creeks #1 & 2
(Street Side Only)
Kennedy Heights St Charles Place
Pine River Estates
Phase 1
Pine River Estates
Phase 2
Emerald Park

ST JOHN'S RIVER
E Houston Ave
N Lovers Lane
E St Johns Pkwy
N Virmargo St
N Goddard St
N I mr a St
E Sweet Ave
N Velie Ct
Private St
N Green St
E Douglas Ave
N Maple St
E Buena Vista Ave
N Ca ot Ct
E Vine Ct
E Norman Dr
N Pa ml St
E Four Creeks Ave
E Harold Ave
E Delta Ave
N Dunwor ht Ct
E Roosevelt Ct
N
Arkle St
E Parker Ct
E Vine Ave
E Magnolia Ct
N A dl er St
N
Woodsville Dr
E Roosevelt Ave
N Tracy St
N Regina St
N Kennedy Ct
E Perez Ct
N Alder Ct N Alder St
E Vine Ct
N
Arkle St
E Sweet Ave
E Douglas Ave
E Parker Ct
N Pa ml St
E Roosevelt Ct
N Irma St
C i t y o f V i s a l i a L & L D i s t r i c t C
0 0.2 0.4
Miles

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City of Visalia
District C
Legend
Railroad
basins
Parks
Waterways
Parcels
R. Conaway12/19
1:8,205
Old Town Ct.

Golden Oak
±
5 382
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0402 Agenda Date: 11/6/2023 Agenda #: 11.

Agenda Item Wording:

Authorize an amendment to the 2017 lease agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento to include approximately 800 (eight hundred) additional square feet of office space.

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

Jody Miller, Airport Manager, (559) 713-4282, [email protected] Nick Mascia, Assistant City Manager, (559) 713-4323, [email protected] Department Recommendation:

Staff recommends that City Council authorize the City Manager to an amendment to the 2017 lease agreement between the City of Visalia and Enterprise Rent-a-Car of Sacramento to include an additional 800 (eight hundred) square feet of office space. Resulting in an additional $850.00 (eight hundred and fifty dollars) of monthly revenue to the City of Visalia’s Airport division.

Background Discussion:

On May 1st 2017 Council authorized a lease agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento for lobby, counter, and office space in the old Visalia Municipal Airport Passenger Terminal building, which if all options are exercised runs through May 17th of 2027.

This agreement, however, did not cover the full building, leaving additional rentable office space available, which has until recently been rented to other tenants. Now that this additional office space is available (which can be seen in the attached Exhibit A) Enterprise, and its staff would like to amend their lease agreement to encompass that space as well.

If approved this amendment would benefit Enterprise and its staff by not only giving them additional office space, but would also allow them to not have to share the building with other tenants (which has proved problematic at times even with the previous tenant only using the area one evening a week, as there is no separate entrance for the available space as previously anyone trying to gain access has to enter and pass through the Enterprise leased office to access the rear area where the door to the space in question is located). By allowing Enterprise to expand into this space, it would benefit airport by getting the space leased immediately instead of having to go through the potentially difficult and time-consuming process of finding a different tenant to fit the unique configuration of the available space or needing to remodel.

Enterprise currently pays $1,249.06 (one thousand two hundred forty-nine dollars and six cents) monthly as per the terms of the original lease agreement, this amendment would add an additional $850.00 (eight hundred fifty dollars) to that, resulting in a new monthly lease rate of $2,099.06 (two thousand ninety-nine dollars and six cents). This new monthly lease rate would be subject to the Visalia City Council Page 1 of 2 Printed on 11/3/2023
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File #: 23-0402 Agenda Date: 11/6/2023 Agenda #: 11.
thousand ninety-nine dollars and six cents). This new monthly lease rate would be subject to the same annual Consumer Price Index (CPI) rate increases as provisioned in the original lease. The lower price per square foot rate for the additional space ($1.38 per sq ft for the original space and $1.00 per sq ft for the proposed additional space) reflects the unique nature of the space and the potential difficulty in finding another suitable tenant.

All other terms and provisions of the original lease agreement would remain in effect with no other changes proposed.

Fiscal Impact:

Visalia Municipal Airport would receive $850.00 (eight hundred and fifty dollars) of additional monthly revenue plus annual CPI rate increases from Enterprise Rent-a-Car of Sacramento over the remaining life of the lease agreement. This additional revenue goes directly towards the Airport’s operational budget, allowing greater flexibility in meeting all needs of the airport and its tenants in a timely manner.

Prior Council Action:

May 1st 2017: Council Authorized the adoption of Ordinance 2017-04 which allowed the City of Visalia to enter into a ten-year lease agreement with the Enterprise Rent-a-Car Company of Sacramento.

Alternatives: City Council could choose to not authorize the amendment to the lease agreement and direct Staff would pursue other tenant opportunities for the vacated space.

Recommended Motion (and Alternative Motions if expected):

I move to authorize an amendment to the lease agreement between the City of Visalia and the Enterprise Rent-a-Car company of Sacramento to include an additional approximately 800 (eight hundred) square feet of office space for an additional $850.00 (eight hundred and fifty dollars) monthly.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments:

1. Proposed Lease Amendment

2. Proposed Lease Amendment Exhibit A

3. Original Lease Agreement

4. Original Council Authorized Staff Report

5. Original Lease Agreement Ordinance .

Visalia City Council Page 2 of 2 Printed on 11/3/2023
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AMENDMENT TO AIRPORT LEASE AGREEMENT
THIS AMENDMENT is entered into this ______ day of _____________, 2023 by and between the City of Visalia, a Municipal Corporation of the State of California (hereinafter referred to as “Lessor”) and Enterprise Rent-a-Car Company of Sacramento, a Delaware Limited Liability Corporation (hereinafter referred to as “Lessee”). This Agreement amends the Airport Lease Agreement Executed by and between Lessor and Lessee on May 16th, 2017 (hereinafter referred to as the “Lease Agreement”).

1. Lessor has provided the Lessee with the opportunity to add approximately 800 (eight hundred) additional square feet of office space to their currently leased space. This additional space was recently vacated and is in the same building and address as the existing lease. The additional area would add $850.00 (eight hundred and fifty dollars) monthly to the Lessee’s current monthly payment amount of $1,249.06 (one thousand two hundred forty-nine dollars and six cents) making the new monthly lease payment $2,099.06 (two thousand ninety-nine dollars and six cents). This new monthly lease rate would be subject to the same annual CPI rate increase as outlined in the original lease terms.

2. Except as expressly provided herein all other terms and conditions of the Lease Agreement shall remain in full force and effect.

In witness whereof we have executed this Lease on the _____ day of ______________, _____. 409
LESSEE: LESSOR:

BY: ___________________________ BY: ___________________________ _______________, Authorized Agent _______________, City Manager

APPROVED AS FORM
BY: ___________________________
Risk Management
BY: ___________________________
City Attorney
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0410 Agenda Date: 11/6/2023 Agenda #: 12.

Agenda Item Wording:

Authorize the City Manager to approve a contract change order to W.M. Lyles Company in the amount of $252,196 for the interior coating of Digester #4 at the Water Reclamation Facility (WRF).

Deadline for Action: 11/6/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Authorize the City Manager to approve a contract change order to W.M. Lyles Company in the amount of $252,196.00 for the interior coating of Digester #4 at the Water Reclamation Facility (WRF).

Background Discussion:

In February 2023 a Purchase Order was issued to Wastewater Solids Management Company (WSM) to pump and dewater sludge and clean the inside of the Digester #4 at the Water Reclamation Facility (WRF). When the cleaning process was complete and a visual inspection was performed by staff, several areas of the glass lined ductile iron pipe that circulates the sludge contents within the digester structure were found to have developed large holes, thus rendering the digester completely inoperable. W.M. Lyles Company was the contractor for the WRF upgrade project, is familiar with the facility, and is currently working on site to complete the Renewable Power Generation System (RPGS). Staff asked the company to appraise the damage and provide a quote for the needed repairs. On May 15, 2023, City Council awarded a sole source contract to W.M. Lyles Company in the amount of $284,000 (PO #3440) to replace the interior piping within Digester #4.

The demolition of the existing piping is complete and W.M. Lyles is currently waiting for the pipe and fittings materials to be delivered to complete the necessary repair work. While empty, a coating inspector reviewed the interior condition and recommended it be recoated while the digester was out of service. This scope of work entails the preparation of surfaces by grit blasting and cleaning, and the coating of the interior concrete dome and the top 6 feet of the walls with Endura-Flex 1988. As W.M. Lyles is under contract for this project, staff requested that they provide a quote for recoating these portions of the interior of Digester #4. They have the ability to complete the coating work in conjunction with the pipeline replacement. W.M. Lyles submitted a cost proposal in the amount of $252,196. The cost of the work also includes all necessary scaffolding and final clean up and removal of debris from the site. This scope of work and cost was reviewed and approved by the Change Order Committee on October 19, 2023. If this amendment is approved and all parts on order for the current project are received as projected, the project will be completed around the end of the Visalia City Council Page 1 of 2 Printed on 11/3/2023
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File #: 23-0410 Agenda Date: 11/6/2023 Agenda #: 12.
year.

There are a total of 8 digesters at the WRF, and the remaining 7 also need to be dewatered, cleaned, and inspected. The City has already procured a contract for this work to occur, but it cannot be completed until Digester #4 is repaired and placed back into operation. The loss of Digester #4 is causing adverse effects in the plant systems and repairs need to be completed as soon as possible to prevent any further issues within the WRF.

Fiscal Impact:

Funding for the needed repairs is budgeted within the Wastewater Fund (431) out of the Digester Cleaning & Equipment Repair Capital Improvement Project (CP9768).

Prior Council Action:

May 15, 2023 - Award Contract to W.M. Lyles for Digester 4 Piping Replacement Alternatives:

Competitively select a contractor to perform these services via a Request for Proposals (RFP) process through the City’s Purchasing Department. (Due to the critical nature and timing of this work, this is not recommended.)
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to approve a contract change order to W.M. Lyles Company in the amount of $252,196 for the interior coating of Digester #4 at the Water Reclamation Facility (WRF).

Attachments:

Change Order #1 - Digester #4 Coating - W.M. Lyles quote Visalia City Council Page 2 of 2 Printed on 11/3/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0413 Agenda Date: 11/6/2023 Agenda #: 13.

Agenda Item Wording:

Request authorization to adopt Resolution No. 2023-53 ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records.

Deadline for Action: 11/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (559) 713-4197 Jason Huckleberry, Assistant Com Dev Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4023
Department Recommendation:

Staff recommends that City Council authorizes the adoption of Resolution No. 2023-53 ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records.

Background Discussion:

Parcel Map 4869 was approved for recordation in 2007 by City Council, dedicating Lot’s C and D for landscaping, sidewalk, and maintenance thereof and an Ingress/Egress easement across Parcel 9 for access to the City’s storm basin, commonly referred to as the “Piano Basin”, to the City of Visalia. To this day, the easement dedicated with Parcel Map 4869 has not been used and will be relocated as discussed further below.

In 2020, plans for the development of Visalia RV Storage Park were submitted to the city under Building Permit No. B204641. The proposed development is a 5.7-acre RV storage facility with 157 stalls, a 2.7-acre space designated for a future self-storage facility, and 0.8 acres of land for the development of three singlefamily residences. The development’s Conditional Zoning Agreement (CZA) No. 2019-10, stated as Second Amended and Restated Conditional Zoning Agreement No. 2005-02, requires the RV Storage Park to relocate the existing pedestrian access trail through Lot D of Parcel Map 4869 leading from Elowin Street to the walking path around the City’s storm basin. It also requires the City to relocate Lot C to accommodate the three proposed single-family residences (reference the attached “CZA No. 2019-10 Plat”). The existing ingress/egress easement will be abandoned, and a new access point will be dedicated to the City to access the storm basin.

Findings for Summary Vacation and Abandonment of Lot’s C and D of Parcel Map 4869:

Lot’s C and D of Parcel Map 4869 are being vacated. The vacation of these two parcels meets the definition of Streets and Highways Code Section 8308, as follows:
“Street” and “highway” include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or Visalia City Council Page 1 of 4 Printed on 11/3/2023
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File #: 23-0413 Agenda Date: 11/6/2023 Agenda #: 13.
street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway.

Under Government Code Section 7050, a City can abandon dedicated lots as follows.

Government Code Section 7050:

With the consent of the city, county, or city and county, as the case may be, an irrevocable offer of dedication of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public easements, parks, or other public places, may be made pursuant to this section. Such offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property.

Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.

Such offer of dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. Such termination and abandonment may be by the city council of the city within which such real property is located or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.

The procedure prescribed by this section shall be alternative to any other procedure authorized by law.

The vacation and abandonment of Lot’s C and D meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. The Legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation as stated in Section 8330 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code.

Streets and Highways Code Section 8330:
(a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.
(b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:

1. Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.

2. Terminate a public service easement unless the easement satisfies the requirements of Section 8333.

Under paragraph (a) of the referenced California Streets and Highways Code, Section 8330, the Lots have been superseded by relocation.

Findings for Easement Vacation:

The ingress/egress easement being vacated meets the definition of Streets and Highways Code Section 8306, definition of public service easement as follows:
“Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise Visalia City Council Page 2 of 4 Printed on 11/3/2023
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File #: 23-0413 Agenda Date: 11/6/2023 Agenda #: 13.
for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
(b) An easement or right of a type described in Section 8340.

The vacation and abandonment portion of the public service easement meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code as stated above. A local agency may summarily vacate or terminate the excess public service easement in any of the following cases as stated in Section 8333 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code.

Streets and Highways Code Section 8333:

The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

Under paragraph (a) of the referenced California Streets and Highways Code, Section 8333, the public service easement has not been used for the five consecutive years preceding this proposed vacation. In addition, under paragraph (c) the easement has been superseded by relocated and there are no public facilities within the area to be vacated.

Fiscal Impact:

None
Prior Council Action:
· On December 16, 2019, the City Council approved Conditional Zoning Agreement 2019-10, Second Amended and Restated Conditional Zoning Agreement No. 2005-02. · On May 7, 2007, the City Council approved for recordation Parcel Map 4869.

Other:
· On October 28, 2019, the Planning Commission approved Conditional Zoning Agreement 2019-10, Second Amended and Restated Conditional Zoning Agreement No. 2005-02. · On June 26, 2006, the Planning Commission approved Tentative Parcel Map 2006-09 (Parcel Map 4869).

Alternatives: N/A
Visalia City Council Page 3 of 4 Printed on 11/3/2023
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File #: 23-0413 Agenda Date: 11/6/2023 Agenda #: 13.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the adoption of Resolution 2023-___ ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records. ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1) Resolution No. 2023-53
2) Aerial Map
3) Parcel Map 4869
4) CZA 2019-10 Plat
5) Conditional Zoning Agreement No. 2019-10, Second Amended and Restated Conditional Zoning Agreement No. 2005-02
Visalia City Council Page 4 of 4 Printed on 11/3/2023
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RESOLUTION NO. 2023 - ____

RESOLUTION ORDERING THE

SUMMARY VACATION AND ABANDONMENT
OF LOT C, LOT D AND THE EASEMENT FOR INGRESS/EGRESS OVER PARCEL 9 OF PARCEL MAP 4869 RECORDED IN BOOK 49 OF PARCEL MAPS AT PAGE 74, TULARE

COUNTY RECORDS
WHEREAS, The City of Visalia, State of California, has an easement for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at Page 74, Tulare County Records.

WHEREAS, The City of Visalia, State of California, has been dedicated through map the Lot C and Lot D for landscaping, sidewalk, and the maintenance thereof, of Parcel Map 4869, recorded in Book 49 of Parcel Maps at Page 74, Tulare County Records; and WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, Section 8300 et seq.); and WHEREAS, The City Council of the City of Visalia may terminate and abandon an offer of dedication of real property in the same manner as a street, highway, or public service easement vacation under California Government Code 7050; and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the California Streets & Highways Code; and
WHEREAS, all entities having any right, title, or interest in the public service easement being vacated have been notified of this action; and
WHEREAS, this summary vacation is being made due to development of a Visalia RV Storage Park on Parcel Map 4869 per Conditional Zoning Agreement No. 2019-10. With this development the location of current access easements, Lot C and Lot D are being relocated; and WHEREAS, the summary vacation requirement for the public service easement over Parcel 9 of Parcel Map 4869 has been met, pursuant to Section 8333(a) and Section 8333(c) of the California Streets & Highways Code, that the easement to the City of Visalia for ingress/egress over Parcel 9 of Parcel Map 4869 has not been used for the five consecutive years immediately preceding the proposed vacation, and has been superseded by relocation and there are no other existing public facilities within the easement; and
WHEREAS, the summary vacation requirement for Lot C and Lot D of Parcel Map 4869 has been met, pursuant to Section 8330(a) of the California Streets & Highways Code, that this property has been superseded by relocation.
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NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Council of the City of Visalia hereby orders the summary vacation and abandonment of the easement for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 at Page 74, Tulare County Records.

2. A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of a public service easement by having met at least one of the following cases described in California Streets and Highways Code Section 8333:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not continuously used since that date.
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

3. From and after the date this resolution is recorded, the Ingress/Egress easement referenced herein no longer constitutes an easement.

THEREFORE, BE IT FURTHER RESOLVED AS FOLLOWS:

1. The Council of the City of Visalia hereby orders the summary vacation and abandonment of dedicated Lot C and Lot D of Parcel Map 4869, recorded in Book 49 at Page 74, Tulare County Records.

2. A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of dedicated Lot C and Lot D by having met the California Streets and Highways Code Section 8330:
a. The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.
b. A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:

1. Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.

2. Terminate a public service easement unless the easement satisfies the requirements of Section 8333.

3. From and after the date this resolution is recorded, Lot C and Lot D of Parcel Map 4869, recorded in Book 49 at Page 74, Tulare County Records are vacated and abandoned, and no longer constitute dedicated lots for landscaping, sidewalk, and the maintenance thereof.
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PASSED AND ADOPTED: __________ __, 2023 Leslie B Caviglia, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on __________ ___, 2023.

Dated: Leslie B Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0417 Agenda Date: 11/6/2023 Agenda #: 14.

Agenda Item Wording:

Second reading and adoption of Ordinance No. 2023-10 pertaining to Specific Plan No. 2021-13 and entering into a development agreement: A request to establish a new specific plan (Carleton Acres Specific Plan) consisting of approximately 507 acres, including districts for low, medium, and high density residential, commercial mixed use, neighborhood commercial, parks / open space, and public institutional. Full buildout of the plan will accommodate approximately 3,262 dwelling units, approximately 205,000 square feet of leasable commercial area, 17 acres of parks / trails / recreational facilities, 17 acres for a drainage basin, and a future elementary school site, to be developed across Urban Development Boundary Tiers I, II, and III. A development agreement has been prepared with the specific plan in accordance with General Plan Policy LU-P-22 to address development terms for the project, including development within the Urban Growth Boundary Tier III.

The proposed Project is located on approximately 507 acres, generally bound by West Riggin Avenue to the south, North Akers Street to the east, North Shirk Road to the west and Avenue 320 (West Kibler Avenue) to the north (APN 077-100-108 and 077-100-105).

Deadline for Action: 11/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023- 10 for Specific Plan No. 2021-13 and the development agreement.

Summary:

On October 2, 2023, the City Council held a public hearing to consider the Carleton Acres project, consisting of the adoption of a Specific Plan, approval of a General Plan Amendment, initiation of an annexation, and certification of an Environmental Impact Report (EIR). The entire project is a request to establish a new 507-acre neighborhood consisting of up to 3,262 dwelling units, up to 205,000 square feet of leasable commercial space, and spaces for parks, open space, a drainage basin, and an elementary school.

During the item’s public hearing, only representatives from the applicant team spoke to the item to address questions. The City Council voted (5-0) to certify the EIR, approve the General Plan Amendment, initiate the Annexation, and to conduct the First Reading of Ordinance No. 2023-10 for the Specific Plan, which includes authorization to enter into a Development Agreement.

The second reading of the Ordinance is the final action the City Council takes for Specific Plan No. 2021-13 to take effect. Following the second reading and Council adoption, the ordinance will go into Visalia City Council Page 1 of 3 Printed on 11/3/2023
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File #: 23-0417 Agenda Date: 11/6/2023 Agenda #: 14.
effect 30 days following adoption of the second reading.

Background Discussion:

The Specific Plan, along with the General Plan Amendment and Annexation, will facilitate the development of the Carleton Acres master-planned development (see Attachment “1” which includes the project’s master land use plan), including a 375-unit tentative subdivision map and eight-parcel commercial parcel map previously approved by the Planning Commission.

A Development Agreement has been prepared by staff to accompany the proposed project (see Attachment ”2”) based upon the proposal of a master-planned site that spans between Urban Development Boundary Tiers II and III. General Plan Land Use Policy LU-P-22 allows for masterplanned sites that are under a single ownership or unified control to be annexed and developed, subject to the City Council approval of a master plan (in this case, a specific plan) and a development agreement. The Development Agreement further includes a clause addressing the size of the Commercial Mixed Use (C-MU) designation in the unanticipated circumstance that no anchor tenant is secured and includes terms for the timely construction and reimbursement of costs associated with Riggin Avenue widening improvements.

Fiscal Impact:

None.

Prior Council Action:

On October 2, 2023, Council voted (5-0) to certify an EIR, approve General Plan Amendment No. 2021-14, initiate Annexation No. 2021-05, and to conduct the First Reading of Ordinance No. 2023- 10 for Specific Plan No. 2021-13, which includes authorization to enter into a Development Agreement.

Committee/Commission Review and Action:

The Planning Commission conducted a public hearing on September 11, 2023, to consider the project and requests for a tentative subdivision map and tentative parcel map on the project site.

Planning Commissioners made a motion for each individual entitlement, and each item passed on a 5-0 vote, resulting in approval of the tentative subdivision map and tentative parcel map as proposed and recommendations that the City Council certify the EIR, approve the Specific Plan and General Plan Amendment, and initiate the Annexation request. No neighbors spoke in opposition or with concerns to the proposed project at the meeting.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading of Ordinance No. 2023-10 for Specific Plan No. 2021-13.

Environmental Assessment Status:

A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2021050418), incorporated herein by reference, was prepared in association with the Carleton Acres Specific Plan project, in accordance with the California Environmental Quality Act (CEQA). The City Council adopted the Environmental Impact Report on October 2, 2023. No further action is needed for the Visalia City Council Page 2 of 3 Printed on 11/3/2023
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2nd reading.

CEQA Review:

Attachments:

1. Ordinance No. 2023-10 for Specific Plan No. 2021-13

2. Attachment 1: Carleton Acres Specific Plan

3. Attachment 2: Development Agreement

4. Aerial Photo
Visalia City Council Page 3 of 3 Printed on 11/3/2023
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ORDINANCE NO. 2023-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING SPECIFIC PLAN NO. 2021-13 A REQUEST TO ESTABLISH A NEW SPECIFIC PLAN (CARLETON ACRES SPECIFIC PLAN) CONSISTING OF APPROXIMATELY 507

ACRES, INCLUDING DISTRICTS FOR LOW, MEDIUM, AND HIGH DENSITY

RESIDENTIAL, COMMERCIAL MIXED USE, NEIGHBORHOOD COMMERCIAL, PARKS / OPEN SPACE, AND PUBLIC INSTITUTIONAL. FULL BUILDOUT OF THE PLAN WILL ACCOMMODATE FOR APPROXIMATELY 3,262 DWELLING UNITS, APPROXIMATELY 205,000 SQUARE FEET OF LEASABLE COMMERCIAL AREA, 17 ACRES OF PARKS / TRAILS / RECREATIONAL FACILITIES, 17 ACRES FOR A

DRAINAGE BASIN, AND A FUTURE ELEMENTARY SCHOOL SITE, TO BE DEVELOPED ACROSS URBAN DEVELOPMENT BOUNDARY TIERS I, II, AND III.

THE PROPOSED PROJECT IS LOCATED ON APPROXIMATELY 507 ACRES, 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 (APN 077-100-108 AND 077-100-105.) WHEREAS, Specific Plan No. 2021-13 is a request to establish a new specific plan (Carleton Acres Specific Plan) consisting of approximately 507 acres, including districts for low, medium, and high density residential, commercial mixed use, neighborhood commercial, parks / open space, and public institutional. Full buildout of the plan will accommodate for approximately 3,262 dwelling units, approximately 205,000 square feet of leasable commercial area, 17 acres of parks / trails / recreational facilities, 17 acres for a drainage basin, and a future elementary school site, to be developed across Urban Development Boundary Tiers I, II, and III. The proposed Project is located on approximately 507 acres, 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 (APN 077-100-108 and 077-100-105.); and,
WHEREAS, the Draft Environmental Impact Report (Draft EIR) for the Carleton Acres Specific Plan Project, which considered impacts from Specific Plan No. 2021-13, was released on May 4, 2023, for circulation for a period of 45 days; and, WHEREAS, the Final Environmental Impact Report (Final EIR) for the Carleton Acres Specific Plan Project, was released on September 1, 2023, and consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses of the City of Visalia to public comments on the Draft EIR; errata to the foregoing; and other information added by the City of Visalia as specified in the record; and, WHEREAS, the California Environmental Quality Act (CEQA) required that, in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which in full are contained in Visalia Planning Commission Resolution No. 2023-42 and the Visalia City Council Resolution pertaining to the certification of the Final EIR prepared for the Carleton Acres Specific Plan Project; and, WHEREAS, the Planning Commission of the City of Visalia, after ten days published notice, held a public hearing before said Commission on September 11, 2023; and
481
ORDINANCE NO. 2023-10
WHEREAS, the Planning Commission of the City of Visalia considered the Carleton Acres Specific Plan (Specific Plan No. 2021-13) to be in accordance with Chapter 12.04 of the Municipal Code of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing; and, WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2023-43 recommending approval of Specific Plan No. 2021-13; and, WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a 1st reading and public hearing for Specific Plan No. 2021-13 on October 2, 2023, and held a 2nd reading for Specific Plan No. 2021-13 on November 6, 2023; and, WHEREAS, the City Council of the City of Visalia finds that Carleton Acres Specific Plan (Specific Plan No. 2021-13) has been prepared in accordance with Chapter 12.04 of the Municipal Code of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing; and,
WHEREAS, the City Council of the City of Visalia finds that Carleton Acres Specific Plan has been prepared for a new community that includes low density housing, medium density housing, high density housing, commercial, and parks and open space, and that the community is designed to integrate various modes of transportation including automotive, pedestrian, bicycle, and public transit; and, WHEREAS, a development agreement has been prepared for this project in accordance with Land Use Policy LU-P-22, which allows for parcels under common ownership or unified control that are within multiple Urban Growth Boundary Tiers to be annexed and developed in accordance with a master plan and development agreement that details the overall site plan development while maintaining the City of Visalia’s interest in maintaining concentric growth through the Urban Growth Boundary Tiers; and, WHEREAS, currently, the Development is situated in Growth Tiers II and III as defined in the City of Visalia General Plan. In accordance with Policy No. LU-P-22, the Development may be allowed to annex and develop in Tier III while the City is still limiting development approvals to land within the Tier II designation, subject to the terms and conditions stated in this Development Agreement; and,
WHEREAS, the Development Agreement includes criteria that specify under what circumstances development in Growth Tier III map occur.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia finds that Final EIR for the Carleton Acres Specific Plan Project, SCH# 2021050418, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves Specific Plan No. 2021-13, and authorizes the City to enter into the Development Agreement, subject to making the following findings regarding Specific Plan No. 2021-13, and the following findings pursuant to Section 17.60.030 for development agreements based on the evidence presented:
482
ORDINANCE NO. 2023-10

1. That the Carleton Acres Specific Plan has been prepared in accordance with adopted local ordinance – in particular, Chapter 12.04 of the Visalia Municipal Code.

2. That the Carleton Acres Specific Plan has been prepared in accordance with adopted State law – in particular, Sections 65450 through 65457 of the California Government Code.

3. That the Carleton Acres Specific Plan is consistent with the Visalia General Plan, and in particular, satisfactorily meets the intent of LU-P-22

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

5. That the project is consistent with the project description contained in the Final Environmental Impact Report (FEIR) (SCH# 2021050418) for the project associated with this Specific Plan adoption, specifically for development is identified and described in the Carleton Acres Specific Plan, and for which said FEIR is recommended to be certified by the City Council precedent to the Planning Commission and City Council’s consideration of this Specific Plan adoption request, consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.

6. That the proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan of the City of Visalia, and of the Carleton Acres Specific Plan (being adopted through entitlement Specific Plan No. 2021-13) and of the proposed General Plan Amendment No. 2021-14, which have both been submitted simultaneously and in conjunction with the proposed development agreement. As explained in the development agreement itself, it is being prepared for the purpose of meeting General Plan Policy LU-P-22.

7. That the proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Related findings have been made in the Commission’s consideration of Specific Plan No. 2021-13 and General Plan Amendment No. 2021-14, wherein the project’s residential and commercial land uses that are discussed in the development agreement are compatible uses with the land use districts of Residential Low Density, Residential Medium Density, Residential High Density, Commercial Mixed Use, Neighborhood Commercial, Public Institutional, and Parks/Recreation.

8. That the proposed development agreement is in conformity with public convenience, general welfare and good land use practice. The intent of the development agreement is to maintain the City of Visalia’s interest in keeping concentric growth through the Urban Growth Boundary Tiers while honoring land that is under common ownership to annex across growth boundaries so that the owner may have a longer time frame for development and infrastructure planning while maintaining financing interests.

9. That the proposed development agreement will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

10.That the proposed development agreement will not adversely affect the orderly development of property or the preservation of property values. 483
ORDINANCE NO. 2023-10
BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves Specific Plan No. 2021-13, as shown on Exhibit “1”, on the real property described herein, in accordance with the terms of this ordinance and under the provisions of Chapter 12.04 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the Carleton Acres Specific Plan be adopted in substantial compliance with the Specific Plan attached as Exhibit “1” of Ordinance No. 2023-10.

2. That the Carleton Acres Specific Plan be developed in accordance with the development agreement, attached as Exhibit “2”, which shall be signed and recorded prior to the recording of any final maps.

3. That the mitigation monitoring and reporting program and its mitigation measures adopted with the Final Environmental Impact Report certified for the project (State Clearinghouse 2021050418) and all conditions of this project be met during construction and upon final occupancy and ongoing operation of the project. 484
ORDINANCE NO. 2023-10
EXHBIT “1” OF ORDINANCE NO. 2023-10

AN ORDINANCE OF THE CITY COUNCIL

ADOPTING THE CARLETON ACRES SPECIFIC PLAN AS FOLLOWS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1: The following Specific Plan document is hereby adopted.

Exhibit “1” of Ordinance No. 2023-10 of the Visalia City Council refers to the Specific Plan document found in Attachment 1 of the City Council Agenda Item that includes the Second Reading of Ordinance No. 2023-10 for Specific Plan No. 2021-13 held on November 6, 2023. 485
ORDINANCE NO. 2023-10
Exhibit “2” OF ORDINANCE NO. 2023-10

AN ORDINANCE OF THE CITY COUNCIL

ADOPTING THE CARLETON ACRES SPECIFIC PLAN
Exhibit “2” of Ordinance No. 2023-10 of the Visalia City Council refers to the Development Agreement exhibit found in Attachment 2 of the City Council Agenda Item that includes the Second Reading of Ordinance No. 2023-10 for Specific Plan No. 2021-13 held on November 6, 2023. 486
Specific Plan
for
Carleton Acres

VISALIA, CA
ADOPTED OCTOBER XX, 2023
487
Jurisdiction
DeveloperArchitectCivil EnginnerEnviromental PlanningTraffic EngineerLegalCity StaffCommunity Development Director: Paul Bernal Principal Planner: Brandon SmithCity Engineer: Frank SentenoSenior Civil Engineer: Leslie BlairCivil Engineer: Diego CorveraCity Manager: Leslie CavigliaAssistant City Manager: Nick MasciaCity Council Mayor: Brian Poochigian Vice Mayor: Brett Taylor Council Members: Steve Nelsen Liz Wynn Emmanuel Hernandez Soto Planning Commission
Chairperson: Adam Peck
Vice Chairperson: Mary BeatiePlanning Commissioners:

Bill DavisMarvin Hansen
Chris Tavarez
City of VisaliaWest Star Construction, Inc.Hayes Ranch LLCM Architecture and Design4 CreeksCrawford and Bowen PlanningRuettgers and Schuler Civil EngineersWanger, Jones, Helsey PC Project Team

2.0 Special Thank you
Eric Shannon, The Shannon Family, Gary Artis
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Table of Contents:

1.0 Introduction pg. 7

1.1 Project Summary pg. 7

1.1.1 Objectives

1.1.2 General Plan Vision

1.1.3 Specific Plan Vision

1.2 Purpose of Specific Plan pg. 12

1.3 Legal pg. 12

1.3.1 Contents

1.3.2 Conformity

1.3.2.1 City of Visalia’s 2030
General Plan

1.3.2.2 California Government
Code

1.3.3 Environmental Impact Report

1.3.4 Approval Authority

1.3.5 Boundaries

1.3.6 Visalia 2030 General Plan Land Use
Designations

1.4 Format of the Specific Plan pg. 17

2.0 Project Description pg. 18

2.1 Project Location pg. 18

2.1.1 Existing Uses

2.1.2 Surrounding Land Use7

2.1.3 Circulation

2.2 Urban Growth Boundary Tiers
and Project Phasing pg. 20

2.3 Proposed Land Use, Open Space,
Utilities and Improvements pg. 20

2.3.1 Phase 1 Land Uses

2.3.2 Phase 2 Land Uses

2.3.3 Site Circulation and Access

2.3.4 Infrastructure

2.3.5 Parks, Trails and Open Space

3.0 Land Use pg. 31

3.1 Introduction pg. 31

3.2 Land Use Concept pg. 31

3.2.1 Residential Community

3.2.2 Commercial Uses

3.2.3 Public Uses

3.2.4 Circulation Concepts

3.2.5 Open Space Concepts

3.3 Project Boundaries and Phases pg. 35

3.3.1 Consistency

3.3.2 Specific Plan Area

3.3.3 Phases

3.3.4 Agriculture

3.4 Land Uses pg. 35

3.4.1 Land Use Designations

3.4.2 Land Use Summary for each Phase

3.4.3 Land Use Regulatory Categories

3.4.4 Street Sections

3.4.5 Levels of Land Use Flexibility

3.5 Development Guidelines pg. 36

3.5.1 Introduction

3.5.2 Land Use Designations by Phase

3.5.2.1 Phase 1

3.5.2.2 Phase 2
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

4.0 Commercial pg. 48

4.1 Introduction pg. 48

4.2 Commercial Development Concept pg. 48

4.3 Location of Commercial Uses pg. 48

4.3.1 Location of Commercial Mixed
Land Use

4.3.2 Location of Commercial
Neighborhood Land Use

4.4 Commercial Policies and Standards pg. 50

4.5 Commercial Development Standards pg. 51

5.0 Residential pg. 56

5.1 Introduction pg. 56

5.2 Residential Development Concepts pg. 56

5.3 Residential Locations per Use pg. 57

5.3.1 Low Density (R-1-5) Use

5.3.2 Medium Density (R-M-2 Use)

5.3.3 High Density (R-M-3 Use)

5.4 Residential Policies and Standards pg. 67

5.4.1 Single-Family Residential
Policies and Standards

5.4.2 Multi-Family Residential
Policies and Standards

5.5 Residential Product Type Development
Standards pg. 73

5.5.1 Introduction

5.5.2 Product Type Development Standards

5.5.2.1 1-R Large Lot
Single-Family (R-1-5)

5.5.2.2 2-R Small Lot
Single-Family (R-1-5)

5.5.2.3 3-R Cluster
Single-Family (R-M-2
and R-M-3)

5.5.2.4 4-R Townhouse
(R-M-2 and R-M-3)

5.5.2.5 5-R Duplexes and
Fourplexes
(R-M-2 and R-M-3)

5.5.2.6 6-R Apartment Buildings
(R-M-3)

5.5.3 Model Good Neighbor Policies

5.6 Residential Architectural Design pg. 81
Guidelines

5.6.1 Introduction

5.6.2 General Residential Standards

5.6.3 Residential Architectural
Guidelines

5.6.3.1 Standards per
Architectural Styles

5.6.3.2 Allowable Styles

5.6.3.3 Architectural Standard
for Each Style

6.0 Landscape pg. 90

6.1 Introduction pg. 90

6.2 Design Principles pg. 90

6.3 Street Plan pg. 91

6.3.1 Introduction

6.3.2 Arterial Streets

6.3.2.1 West Riggin Avenue
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

6.3.2.2 North Akers Street

6.3.2.3 North Shirk Street

6.3.2.4 Ave 320

6.3.3 Two Lane Collectors

6.3.3.1 Shannon Parkway

6.3.3.2 North Roeben Street

6.3.4 Local Streets

6.3.5 Commercial Drive Aisles

6.3.6 Residential Block Entrances

6.4 Park Design Plan pg. 93

6.4.1 Introduction

6.4.2 Design Concepts

6.4.2.1 Modoc Greenway

6.4.2.2 Parks

6.5 Edges and Buffers Standards pg. 96

6.5.1 Introduction

6.5.2 Design Concept

6.5.2.1 W. Riggin Ave., N. Shirk
St., Ave. 320, Shannon
Parkway and
N. Roeben St.

6.5.2.2 Commercial Uses

6.5.2.3 Modoc Greenway

6.6 Water Storage/Recharge Basin Plan pg. 97

6.7 Other Open Spaces pg. 97

6.7.1 Community Sports

6.7.2 Pedestrian and Bicycle
Circulation

6.8 Site Landscape Standards pg. 98

6.8.1 Site Landscape Standards

6.8.2 Off-Street Parking

6.8.3 Service/Loading Area and Trash
Enclosure Standards

6.8.4 Wall and Fence Standards

6.8.5 Paving Design Standards

6.8.6 Plant Material and Planting
Design

6.8.7 Irrigation Standards

6.8.8 Landscape Maintenance
Standards

6.8.9 Street Furniture Standards

6.9 Signage Standards pg. 101

6.9.1 Introduction

6.9.2 Signage Design Theme

6.9.3 General Signage Standards

6.9.4 Residential Entrance Signs

6.9.5 Monumental/Theme Signs

6.9.6 Master Sign Program

6.9.7 Commercial Signs

6.10 Exterior Lighting Standards pg. 110

6.10.1 Introduction

6.10.2 Lighting Quality

6.10.3 Lighting Spillover

6.10.4 Lighting Type

6.10.5 Residential Street Lights

6.10.6 Secondary Lighting

6.11 Landscaping and Lighting Act District pg. 111
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

7.0 Infrastructure pg. 117

7.1 Introduction pg. 117

7.2 Circulation Master Plan pg. 117

7.2.1 Objectives

7.2.2 Vehicular Circulation

7.2.3 Pedestrian Circulation

7.2.4 Bikeways

7.2.5 Parking

7.2.6 Public Transportation

7.3 Grading Master Plan pg. 138

7.3.1 Existing Conditions

7.3.2 Proposed Conditions

7.4 Drainage Master Plan pg. 138

7.4.1 Existing Conditions

7.4.2 Proposed Conditions

7.5 Water Master Plan pg. 142

7.5.1 Existing Conditions

7.5.2 Proposed Conditions

7.6 Sewer Master Plan pg. 144

7.6.1 Existing Conditions

7.6.2 Proposed Conditions

7.7 Electrical Master Plan pg. 146

7.7.1 Existing Conditions

7.7.2 Proposed Conditions

7.8 Gas Master Plan pg. 146

7.8.1 Existing Conditions

7.8.2 Proposed Conditions

8.0 Implementation pg. 147

8.1 Introduction pg. 147

8.1.1 Application

8.2 Purpose pg. 147

8.3 Responsibilities pg. 147

8.3.1 Master Developer
Responsibilities

8.3.2 Builder/Developer
Responsibilities

8.3.3 City Responsibilities

8.4 Approvals pg. 148

8.4.1 Specific Plan Approvals

8.4.2 Individual Project Development
Approvals

8.4.3 Other Public Agencies Approval
and Consultation

8.5 Project Review and Approval Process pg. 149

8.5.1 Project and Subdivision Map
Approval Process

8.5.2 Interpretations and
Amendments

8.5.3 Approval Process for Individual
Projects

8.5.4 Street Approval

8.5.5 Signage Approval

8.5.6 Architectural Board Approval

8.5.7 Other Approval Items

8.6 Development Phases pg. 154

8.7 Public Facilities Financing pg. 154

8.7.1 Landscaping and Lighting Act District
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figures:

Introduction

1.A Regional Location Map pg. 10

1.B City Boundary Map pg. 11

1.C Existing General Plan Land Use Map pg. 16
Project Description

2.A Aerial Site Vicinity Map pg. 19
2-1 Table Summary of Proposed Land Uses pg. 22

2.B City’s Tier Boundaries pg. 23

2.C Conceptual Use Plan pg. 24

2.D Open Space Plan pg. 30
Land Use

3.A Vehicular Circulation pg. 33

3.B Pedestrian and Bicycle Circulation pg. 34
Commercial

4.A Commercial Mixed-Use Conceptual
Illustration pg. 52

4.B Commercial Mixed-Use Conceptual
Rendering pg. 53

4.C Commercial Neighborhood Conceptual
Illustration pg. 54

4.D Commercial Conceptual Design Illustrations pg. 55
Residential

5.A Phase 1 Low Density Conceptual
Illustrations pg. 58

5.B Phase 2 Low Density Conceptual
Illustrations pg. 59

5.C Phase 1 Medium Density Conceptual
Illustrations pg. 60

5.D Phase 2 Medium Density Conceptual
Illustrations pg. 61,62

5.E Phase 1 High Density Conceptual
Illustrations pg. 63,64

5.F Phase 2 High Density Conceptual
Illustrations pg. 65,66

5.G 3-R Single Family Medium Density
Conceptual Street pg. 72

5.H 3-R Single Family Medium Density
Conceptual Rear Garages pg. 72
Landscape

6.A Residential Conceptual Entrance pg. 93

6.B Park Conceptual Designs pg. 95

6.C Modoc Greenway Conceptual Designs pg. 97

6.D Wall Detail pg. 99

6.E Residential Entrance Conceptual Plan pg. 102

6.F Residential Entrance Conceptual
Designs pg. 103

6.G Monumental/Theme Signage
Conceptual Locations pg. 105

6.H Monumental/Theme Signage
Conceptual Designs pg. 106

6.I Commercial Signage Conceptual
Locations pg. 108

6.J Commercial Signage Conceptual
Designs pg. 109

6.K Tree Selection Preference pg. 112

6.L Plant Selection Preference pg. 113

6.M Shrub Selection Preference pg. 114

6.N Grass, Groundcover and Vine
Preference pg. 115

6.O Landscape Images pg. 116
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6 Carleton Acres Specific Plan_________________________________________________________________________08-29-2023 Infrastructure

7.A Vehicular Circulation pg. 118

7.B W. Riggin Ave. Cross Section pg.120

7.C W. Riggin Ave. Plan View pg.120

7.D N. Shirk St. Cross Section pg.121

7.E N. Shirk St. Plan View pg.121

7.F Ave. 320 Cross Section pg. 122

7.G Ave. 320 Plan View pg. 122

7.H N. Akers St. Cross Section pg. 123

7.I N. Akers St. Plan View pg. 124

7.J N. Roeben St. Cross Section at
Proposed High School pg. 126

7.K N. Roeben St. Plan View at
Proposed High School pg. 126

7.L N. Roeben St. Cross Section pg. 127

7.M N. Roeben St. Plan View pg. 127

7.N Shannon Parkway Cross Section at
Phase 1 Residential pg. 128

7.O Shannon Parkway Plan View at
Phase 1 Residential pg. 129

7.P Sedona Ave. Cross Section pg.131

7.Q Sedona Ave. Plan View pg.131

7.R Local Street with Trail Cross Section pg. 132

7.S Local Street with Trail Plan View pg. 132

7.T Conceptual Roundabout Plan Views pg. 133

7.U Conceptual Roundabout Views pg. 134

7.V Pedestrian and Bicycle Circulation pg. 136

7.W Storm Drain Master Planpg.140

7.X Storm Drain Basin Calculations pg. 141

7.Y Water Infrastructure Master Plan pg. 143

7.Z Sanitary Sewer Master Plan pg. 145
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Carleton Acres has a rich history deeply rooted in
agriculture. The property was originally owned and cultivated by Helen Hayes. Subsequently, it was purchased by Carleton Shannon, who had a strong farming background within the San Joaquin Valley. Carleton, also known as Dick, took over the land and continued its agricultural legacy.Under Carleton Shannon's ownership, the land was used for a variety of agricultural activities. A significant portion of the property was dedicated to permanent wine grape cultivation and row crops like cotton and grains are also grown on the property.Carleton Shannon's family has a long history in farming, indicating a generational commitment to agriculture in the region. Carleton himself had a profound passion for farming and the outdoors. He found great enjoyment in activities like hunting, fishing, and flying, which further connected him to the land and the natural environment. He was actively involved in the community, being part of various organizations, and his family held a special place in his heart.The transition from agricultural land to a vibrant new community represents a significant step in the evolution of the area, honoring its history while embracing the vision for a thriving and inclusive neighborhood within the City of Visalia.

Introduction

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

1.0 Introduction:

1.1 PROJECT SUMMARY
Carleton Acres is a 507-acre new community situated in the northern part of the City of Visalia, located in Tulare County. See Figures 1.A and 1.B. As a master-planned mixed-use community, Carleton Acres is designed to have its own distinct identity within Visalia while fostering a strong neighborhood character and promoting pedestrian-friendly activities.

Carleton Acres incorporates a mix of land uses, such as residential and commercial areas. The commercial zones are planned to serve the needs of both the neighborhood and the broader north Visalia area, enhancing the overall livability and economic vitality of the region.

In response to the demand for affordable housing and single-family residences in the City of Visalia, Carleton Acres is designed to accommodate these needs. The presence of the existing Ridgeview Middle School, a planned high school, and an elementary school enhances the appeal of the area for residential growth, making it an ideal location for families and individuals seeking a desirable living environment.

The development objectives of Carleton Acres are shaped by a consideration of the community's requirements, the potential of the site, and the long-term goals outlined in the City of Visalia's 2030 General Plan. By aligning with the city's broader vision, the development of Carleton Acres is more likely to contribute positively to the overall growth and prosperity of Visalia.

Overall, Carleton Acres represents an opportunity for the City of Visalia to create a well-planned, inclusive, and thriving community that meets the needs of its residents and enhances the city's overall quality of life.

1.1.1 Objectives
The following are the Carleton Acres 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, 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, landscaping and other project amenities.

1.1.2 General Plan Vision
The success of Carleton Acres as a new community relies on several critical factors to ensure its compatibility, planned growth, collaboration between the Developer and the City of Visalia, and adherence to the City's General Plan goals.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023  Compatibility with Surrounding Land Uses: The development of Carleton Acres must take into consideration the existing and planned land uses in the surrounding areas. This includes the nearby school site and existing residential neighborhoods to the south and east. Ensuring that Carleton Acres integrates seamlessly with its surroundings will contribute to a
harmonious and well-integrated community.
 Phased Growth: The project should be carefully planned with a phased approach. Phase 1 should focus on initial
development while ensuring that infrastructure and
amenities are adequately established. As the community
grows, Phase 2 towards the north can be implemented. This approach allows for orderly and controlled expansion while maintaining the quality of development.
 Cooperative Working Relationship: Collaboration between the Developer and the City of Visalia is essential for the successful implementation of Carleton Acres. Cooperation between both parties will help address challenges and
ensure that the project aligns with the city's vision and requirements.
 Implementation of General Plan Goals: Carleton Acres must align with the goals, objectives, and policies outlined in the City of Visalia's General Plan. This ensures that the
community's development is in line with the city's long-term vision and planning priorities. Adhering to the General Plan also helps maintain consistency with other planning
documents and promotes sustainable and well-balanced
growth.

By addressing these key factors, Carleton Acres can establish itself as a well-planned, compatible, and integrated community that fosters a high quality of life for its residents while contributing positively to the broader City of Visalia's vision and objectives.

1.1.3 Specific Plan Vision
 The development of Carleton Acres as a complete
community is characterized by its comprehensive approach to providing a wide range of facilities and amenities:
residential neighborhoods, mixed-use commercial,
neighborhood commercial, existing middle school, planned high school, future elementary school and a complete system of parks & bike paths.
 At full buildout uses will be linked by a bike path along Modoc Greenway, pedestrian and vehicle circulation and utility networks.
 The site plan and circulation network of Carleton Acres are thoughtfully designed to prioritize pedestrian use and create a walkable community. This approach aims to enhance the quality of life for residents by providing easy access to various amenities and destinations within the neighborhood.
 At the heart of Carleton Acres lies the residential
neighborhoods, forming the central focus of the community.

These neighborhoods are designed to be diverse, offering a wide range of housing options to accommodate different
lifestyles and preferences. The overall goal is to create a community that reflects the character and quality of Visalia while adhering to the objectives outlined in the City of Visalia's 2030 General Plan.
 Mixed-use commercial areas within Carleton Acres adds a vital component to the community's overall functionality and attractiveness. These commercial spaces are designed to accommodate a diverse range of businesses and services, 497
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 meeting the needs of both Carleton Acres residents and the broader Visalia community.
 Neighborhood commercial retail and restaurants within Carleton Acres serves as a valuable amenity for both the residents of the community and the surrounding
neighborhoods in northwestern Visalia.
 Community and publicity-oriented facilities will include three schools, passive and active parks of varying sizes and sites.  The attractive landscape design throughout the open spaces in Carleton Acres plays a crucial role in unifying the entire community and creating a cohesive and inviting
environment. The landscape design is carefully planned to enhance the aesthetics of the community while fostering pedestrian enjoyment, community interaction, and
recreational opportunities.
 The landscape design along the existing Modoc Ditch and proposed bioswales is important as it not only preserves the ecological significance of the Ditch but also enhances its functionality and aesthetic appeal. In preserving the
important role of the Ditch, it will be enhanced with riparian landscaping along the bioswales and a bike/walking path connecting one side of the development to the other.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 1.A
Regional Location Map

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 1.B
City Boundary
Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

1.2 PURPOSE OF SPECIFIC PLAN
The Carleton Acres Specific Plan is a comprehensive planning document provided to the City of Visalia to guide the development of the Carleton Acres new community. It outlines the guidelines and regulations for land use and sets the vision and goals for the future development of the area.

The Specific Plan includes a conceptual land use plan as well as other development standards. The intention is for the Specific Plan to be consistent with the goals, objectives, and policies of the City of Visalia’s 2030 General Plan. Future development will utilize the Specific Plan’s vision and goals. As developments progress the multiuse communities shall be cohesive and desirable.

The Specific Plan establishes standards and ideas for development.

Design and engineering of the infrastructure and projects throughout Carleton Acres will be required. Throughout this document, the Carleton Acres Specific Plan may also be alternately referred to as the “Specific Plan” or “Plan.”
The Carleton Acres Specific Plan serves as a critical tool for developers, city officials, and other stakeholders to ensure that the future growth and development of the Carleton Acres community follow a well-defined and coordinated path. By adhering to the plan's vision and goals, the community will become a cohesive and desirable place to live and work.

1.3 LEGAL

1.3.1 Contents
This Specific Plan contains information and diagrams that provide detail for the following:
 Location of land uses within the Specific Plan area.
 Development standards, design guidelines and phasing.  Location of streets, sewage, drainage, water, and other facilities planned to support the land uses within the Specific Plan.
 Implementation measures including responsibilities,
approvals and financing.

The Carleton Acres Specific Plan includes the layout and location of land uses as well as streets allowed in the Specific Plan. When land uses are sub-divided, the developers shall provide detailed subdivision maps that will include street alignments and residential lot configurations.

1.3.2 Conformity
The Carleton Acres Specific Plan conforms with City of Visalia’s 2030 General Plan and the California Government Code.

1.3.2.1 City of Visalia’s 2030 General Plan:

The Carleton Acres Specific Plan aligns with the City of Visalia’s 2030 General Plan, which serves as the comprehensive guide for community development across the entire city. The Plan consists of nine chapters: land use, circulation, open space, conservation, noise, safety, air quality and greenhouse gases. It also includes historic preservation and parks, schools, community, and utilities. 501
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023  Policy LU-P-21 allows an approved master-planned site to be annexed before development is permitted in Tier 2 or Tier 3.

Annexations are to be reviewed with the regulations and polices in the Cortese-Knox-Hertzberg Local Governments Reorganization Act of 2000 and the Tulare County Local
Agency Formation Commission Policy and Procedure Manual regarding development and inventory of existing vacant land designed for urban uses in the city limits.
 LU-P-22 allows for City Council to approve master-planned developments for sites under single ownership or unified control, which may include developable land within multiple Tiers. The Development Agreement is a separate document that details the overall development, density, phasing, infrastructure needs and financing. As well as outlines the responsibilities of each party. The Development Agreement and the Specific Plan have a consistent vision with Visalia’s General Plan and the City’s interest in growth through
phasing.
 LU-O-16 the Specific Plan will provide a high quality of life ensuring that each Low Density Residential neighborhood is complete, is walkable to parks, and has a range of housing types. Carleton Acres will be its own unique community
character that is inspired by Visalia.
 T-P-49 the purpose to minimize student crossings of major arterial streets and facilitate students’ safe travel to school on foot. The existing, planned and future school site’s circulation has been a focus to make circulation a success for the school sites and residents. The circulation also connects to existing residential south of the project.
 T-P-3 is the objective to design and build future roadways that complement and enhance the existing network. Streets shall be continuous for the vehicular and pedestrian
network. Local streets shall be narrow and have traffic slowing features at intersections.
 T-P-41 integrate a bicycle transportation system into new developments. The Modoc Ditch along N. Akers St. and
Shannon Parkway will provide a trail for bikes and
pedestrians. The pocket parks and trails throughout Carleton Acres will satisfy the general plan objective of having different recreation amenities for all ages. The green spaces promote health and wellness throughout the community.
 The Specific Plan addresses the 6 statements about new neighborhood development:
o LU-O-22 encourages compact developments
that allow local streets within new
developments to be self-sufficient.
o LU-O-20 planned density allows for new
development to be self-sufficient, paying for
infrastructure & open space.
o LU-O-25, LU-P-48 ensures interconnected local
street, pedestrian and bicycle circulation.
o LU-O-23 provides a range of housing types and
prices.
o PSCU-P-7 amenities for all residents with open
space and parks.
o Lastly provide additional revenues that would
support all services within the area to be
developed.

1.3.2.2 California Government Code:

The Carleton Acres Specific Plan has been established with the requirements of California Government Code Sections 65450-65457 502
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Article 8 Specific Plans. A Specific Plan allows an area to be developed whose development guidelines replace any prior zoning. A greater level of detail adds value to the community area. Specific Plans shall contain text and diagrams specifying all of the following in detail:
 Location and extent of land uses including open spaces.  Location and extent of major infrastructure to support land uses.
 Standards and criteria for development.
 Program of implementation measures.
 A statement of the correlation of the Specific Plan to the General Plan.
 Any other subjects by the planning agency for the purpose of the General Plan.

1.3.3 Environmental Impact Report
The Environmental Impact Report certified for Carleton Acres is the only environmental document for the Specific Plan and all individual projects within the Specific Plan area. The City of Visalia, as the Lead Agency, prepared the EIR in accordance with the California Environmental Quality Act. An Initial study, Negative Declaration, or other environmental analysis are not required for individual projects within Carleton Acres Specific Plan.

1.3.4 Approval Authority
The City of Visalia has authority for approval of the Specific Plan as a whole and approval of the individual development projects within the Specific Plan. Approvals requested from the City may include but are not limited to:
 Approvals related to the Specific Plan as a whole:
o Approval of the Specific Plan and amendments to the
Specific Plan.
o Approval of Development Agreement
o General Plan Changes
o Zone Changes
o Approval of Lot Line Adjustments
 Approvals related to individual development projects within the Specific Plan Area:
o Tentative Subdivision Maps
o Commercial Tentative Parcel Maps
o Amendments to the Specific Plan
o Annexations
o Building and Grading Permits
o Major and Minor Modifications to Specific Plan

1.3.5 Boundaries
Figure 1.B indicates the legal boundaries referred to by the Specific Plan.

1. City of Visalia Boundaries: Approximately 29.3 acres (APN:
077-100-105) of the project site are located within the City of Visalia. The remaining 478 acres (APN: (APN: 077-100-088) of the site are outside the City limits in unincorporated territory, County of Tulare.

2. City of Visalia Sphere of Influence Line (Urban Growth Development Tiers): The entire Carleton Acres site is located within the City of Visalia’s Urban Growth Development Tiers and the Sphere of Influence Line for the City of Visalia.

Approximately 29 acres are located within Tier 1.

Approximately 149 acres are located within Tier 2 and 329 acres located within Tier 3.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 This Specific Plan will serve as the “zoning” entitlements for the site.

1.3.6 Visalia 2030 General Plan Land Use Designations
Exhibit 1.C. indicates the City of Visalia’s 2030 General Plan existing land use designations for the site. Carlton Acres is currently designated for development of Commercial Neighborhood,
Residential Low Density, Residential Medium Density, Residential High Density and Public/Instructional. All land uses remain the same acre per acre with the addition of Mixed-Use Commercial (Residential Low Density was reduced) see Figure 2.C for proposed land use locations.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 1.C
Existing General Plan Land Use Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

1.4 FORMAT OF THE SPECIFIC PLAN
The Specific Plan is formatted for Builders/Developers to reference information that they will need for public agency approval of all development projects within Carleton Acres. The Specific Plan has established design standards and procedures with the intent for Builders/Developers to provide design quality and a distinguished development, while also providing flexibility.
 Section 1: Introduction: The Introduction outlines the purpose of the Specific Plan and defines the authority of the Plan and its relationship to the City of Visalia 2030 General Plan.
 Section 2: Project Description: Describes the location and existing conditions. Also, proposed land uses are described by Phases.
 Section 3: Land Use: This section addresses the different land uses concepts, project boundaries and phases, land use
designations, and development guidelines for each land use.  Section 4: Commercial: This section outlines the
development standards and design elements for the
commercial areas of Carleton Acres in Phase 1 and Phase 2.  Section 5: Residential: This section details the residential development concept, development standards and product
types. It defines the character and guidelines for the Specific Plan’s residential neighborhoods for Phase 1 and Phase 2.  Section 6: Landscape: This section defines Carleton Acres’ landscape design concept for the Specific Plan in its entirety, neighborhood parks, trails, Modoc Greenway and for the
streetscapes. It concludes with landscape lighting and
signage design standards and guidelines.
 Section 7: Infrastructure: This section describes the infrastructure components: vehicular circulation, grading, drainage, water, sewer, gas, electric and water quality, including storm water control.
 Section 8: Implementation: This section defines the
responsibilities of the City, Master Developer, and
Builder/Developer. It also includes the approval process and public financing.

Note that terms used throughout shall take their commonly accepted meaning. When there are conflicts between the definitions in the Specific Plan and Zoning Ordinance, those in the Specific Plan shall take precedence.
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The design of Carleton Acres will not only prioritize
aesthetics but also serve as a meaningful tribute to the land's history and Carleton Shannon's farming legacy. By incorporating elements that reflect the area's agricultural heritage and his passion for farming, the community will be a distinctive and special place that honors its past while embracing its future.The incorporation of design elements reminiscent of cotton hauling wagons and cotton gins adds a nostalgic and authentic touch to the overall landscape of Carleton Acres. This design choice not only pays tribute to the area's agricultural past but also contributes to the cohesive theme throughout the development.Using light-colored stone in the landscape design, akin to the color of white cotton, further reinforces the homage to the crop that once flourished in the area. This choice of stone brings a soft and elegant touch to the surroundings, complementing the other design elements and creating a cohesive and harmonious environment.By thoughtfully incorporating these design features that draw inspiration from the cotton industry's history, Carleton Acres creates a unique and evocative atmosphere that celebrates the region's agricultural heritage. The landscape and architectural choices intertwine with the community's identity, fostering a sense of pride and appreciation for the land's past while creating a beautiful and inviting place to call home.

Project Description

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

2.0 PROJECT DESCRIPTION

2.1 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. Refer to Figure 1.A: Regional Location Map, Figure 1.B: City Boundary Map, Figure 1.C: Existing Land Use Designations, and Figure 2.A: Aerial Site Vicinity Map
The project is located on significant intersections in the City of Visalia.

W. Riggin Avenue serves as a connection between the industrial uses to the West and the residential and commercial uses to the East. As Visalia’s industrial area has expanded on the West, W. Riggin Avenue has become a major connecting point for residents. N. Shirk Road and N. Akers Street are also important arterial streets.

2.1.1 Existing Uses
The project site land is currently utilized for agricultural field crop production. The site is being farmed with a rotation of row crops and wine grapes.

The site is nearly level and because of its current agricultural production there is little natural vegetation. The elevation is approximately 306 to 314 feet above mean sea level.

2.1.2 Surrounding Land Uses
The proposed Project site is located in a developing area of the City of Visalia. Currently, Ridgeview Middle School is located adjacent to and west of Akers Street and would abut the proposed Project site.

In addition, the City is currently planning a new high school that will be constructed adjacent to and west of Ridgeview Middle School and would be surrounded by the proposed Project to the north, west and south. Land uses of adjacent parcels surrounding the Project site are as follows:

Surrounding Land Uses
Location Existing Land
Use
North Dairy Farm /
Agriculture
South Residential / Church /
Water Storage Tank
West Dairy Farm /
Agriculture
East Agriculture
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 2.A
Aerial Site Vicinity Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

2.1.3 Circulation
W. Riggin Avenue is an arterial street that is very important in the north Visalia area to connect the east and west of the City. Currently Riggin is a two-lane street. The City of Visalia Circulation Element plans for Riggin Avenue to be four-lane street with median. Shirk and Akers are also two-lane streets that the City plans to be a four-lane street. Sedona Avenue is currently partially built with an existing roundabout.

2.2 URBAN GROWTH BOUNDARY TIERS AND PROJECT

PHASING
The City of Visalia’s General Plan includes a three-tier system to account for future growth (Tier 1, Tier 2 and Tier 3). Thresholds were set on residential permits, commercial square-footage, industrial square-footage and regional commercial square-footage. Tier 1 currently allows development to occur within the Tier 1 boundary, while Tiers 2 and 3 can be developed after certain thresholds are met during/after buildout of Tier 1. Under the City of Visalia’s General Plan Policy LU-P-22, an approved specific-planned site can be annexed before development is permitted in Tier 2 or Tier 3.

Annexations are reviewed within the context of the regulations and polices in the Cortese-Knox-Hertzberg Local Governments Reorganization Act of 2000 and the Tulare County Local Agency Formation Commission Policy and Procedure Manual regarding development and inventory of existing vacant land designed for urban uses in the City limits. The City of Visalia’s General Plan Policy LU-P-22 allows the City Council to approve master-planned developments for sites under single ownership or unified control, which may include developable land within multiple Tiers. A Development Agreement will be prepared, which is a separate document that details the overall development, density, phasing, infrastructure needs and financing, as well as outlines the responsibilities of each party. The Development Agreement and the Specific Plan have a consistent vision with Visalia’s General Plan and the City’s interest in growth through phasing. Figure 2.B identifies the City’s Tier boundaries relative to the Project site.

The Project is proposed to be built out in two phases as identified in Table 2-1 and as shown in Figure 2.C. Although the exact timing of construction and buildout will be determined by market conditions, the Project Applicant and the City, it is anticipated that the Project would be built out over a +15-year period with approximately 100 low-density residential units per year on average with the remaining buildout to be determined by demand.

2.3 PROPOSED LAND USE, OPEN SPACE, UTILITIES AND

IMPROVEMENTS
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 proposed Project components are described below. Refer also to Table 2-1: Summary of Proposed Land Uses and Figure 2.C: Conceptual Use Plan.

Residential
The proposal features several different types of housing for a total of up to 3,262 residential units at buildout which is broken down as follows:
 Low Density Residential: Up to 1,592 units
 Medium Density Residential: 758 units
 High Density Residential: 912 units
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 It should be noted that the number of proposed units for low density residential portion of the development may be lower than 1,592 units depending on final configuration of the lots. In addition, the

13.0 acres currently shown in Figure 2.B for a new elementary school could potentially be converted to low density residential. Therefore, for purposes of providing the maximum number of potential residential units, a total of 65 units was added to the total for both phases (13.0 acres X 5.0 units per acre = 65 units) for a maximum development potential of 1,592 low density units.

Commercial
The proposed Project 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 commercial developments will occur in the proposed Mixed Use Commercial Zone and the Neighborhood Commercial Zone. The maximum size for a single or anchor tenant shall be 170,000 square feet within the Mixed Use Commercial Zone. 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 store, retail, restaurants (including drive-throughs), and similar uses. The second consists of up to 6.4 acres of Commercial Neighborhood at the intersection of Akers and Ave. 320. 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 Project Components
Other proposed uses include approximately 13.0 acres for a potential site for a future elementary school, 17.3 acres for 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 Project. Refer to the descriptions of these components later in this Chapter.

The Project is proposed to be built out in two phases as identified in Table 2-1 and as shown in Figure 2.B. Refer to the subsection titled Visalia Urban Growth Boundary Tiers and Project Phasing for a description of proposed Project phasing.

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Table 2-1
Summary of Proposed Land Uses
Phase 1

Total
Acreage

Park / Rec
Acreage*
Number
of Units

Proposed
Density
High
Density
Residential
(APN: 077-
100-088)

9.7 - 146 ~15 units/acre
High
Density
Residential
(APN: 077-
100-105)

29.3 0.8 440 ~15 units/acre
Medium
Density
Residential

9.1 0.1 91 ~10 units/acre
Low
Density
Residential
100.9 2.6 505** ~5 units/acre
Mixed Use
Commercial 28.7 - N/A -

Phase 1
Total:
177.7

3.5 1,182

Phase 2

Total
Acreage
Park / Rec
Acreage* Number of
Units
Proposed
Density
High Density
Residential 21.7 0.2 326 ~ 15 units/acre
Medium Density
Residential 66.7 3.4 667 ~10 units/acre
Low Density
Residential 204.5 9.0 1,022** ~5 units/acre
Neighborhood
Commercial 6.4 0.3 N/A -
Basin 17.3 - N/A -
Public/Institutional
(or LDR)*** 13.0 0.9 N/A (or 65)
~5
units/acre***

Phase 2 Total: 329.6 13.8 2,080***

Total for Both
Phases: 507.3 17.3* 3,262***
* Park / Recreation acreage is included within each land use designation’s “total acreage”. ** The number of proposed units for low density residential portion of the development may be lower than 1,527 units depending on final configuration of the lots. *** Includes 65 units of low density residential in place of the 13.0 acre elementary school. 512
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 2.B
City’s Tier Boundaries
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 2.C
Conceptual Use Plan
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

2.3.1 Phase 1 Land Uses
Phase 1 includes all of APN 077-100-105 (29.3 acres) and a portion of APN 077-100-088 (148.4 acres). For APN 077-100-105, the site is within the Tier 1 boundary and is currently designated by the City’s General Plan for High Density Residential. The Project intends to retain this land use designation and to develop the site as follows:
 29.3 acres of High Density Residential (440 units)
For APN 077-100-088, Phase 1 development only includes the southern portion of the parcel (approximately 148.4 acres) and is included in the Tier 2 boundary. This portion is proposed to be developed with a variety of uses as follows:
 9.7 acres of High Density Residential (146 units)
 9.1 acres of Medium Density Residential (91 units)
 100.9 acres of Low Density Residential (up to 505 units)  28.7 acres of Commercial Mixed Use
For APN: 077-100-088, the Low Density Residential housing will be constructed first. Proceeding into Phase 2 is only determined by the completion of Low Density Residential. It is not dependent on the completion of Medium and High Density Residential or Commercial uses.

2.3.2 Phase 2 Land Uses
Phase 2 includes the northern 329.6 acres of APN 077-100-088 and is within the Tier 3 boundary. This portion is proposed to be developed with a variety of uses as follows:
 21.7 acres of High Density Residential (326 units)
 66.7 acres of Medium Density Residential (667 units)
 204.5 acres of Low Density Residential (up to 1,022 units)  6.4 acres of Neighborhood Commercial
 17.3 acres of Basin
 13.0 acres of Public/Institutional
The timing of development and installation of infrastructure for Phase 1 and Phase 2 will be identified in the Development Agreement.

2.3.3 Site Circulation and Access
The overall layout of the proposed Project is block form, with shortened roadway lengths and cul-de-sacs in order to provide limited thru-traffic and to create a walkable urban environment. The site has been designed with 13 points of ingress and egress.

Additional access points will be provided for the commercial uses that are proposed to occur at the southwest corner and northeast corner of the site. The following is a summary of roadway improvements that will be required:

Arterials
W. Riggin Avenue, N. Shirk Road (Road 92), N. Akers Street (Road 100), and Avenue 320 are classified as arterial roads in the City’s Circulation Element with a right-of-way of 110 feet. The arterials in the Plan Area will include two through-lanes of traffic in each direction, as well as a left-turn channelization when needed. When applicable, road right-of-way may be required for improvements at intersections to allow for right turn movements. Four arterials border the proposed Project with two existing lanes. When the project is fully developed Riggin will have four lanes. N. Shirk Road, N. Akers Street and Avenue 320 shall have three lanes, ¾ buildout. Widening 515
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 of W. Riggin Avenue, N. Shirk Road and N. Akers Street will be necessary with right-of-way dedications.

Collectors
Shannon Parkway and N. Roeben Street are designated as collectors and serve to connect arterial and local roadways within the Plan Area.

Shannon Parkway and N. Roeben Street will feature two lanes of traffic (single lane in each direction) within a minimum 84-foot rightof-way.

Local Streets
The remaining streets within the Plan Area, including Sedona Avenue, are classified as local and will be developed to residential street standards. Most local streets within the Plan 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.

The Project will be responsible for construction of internal roadways as well as for potential improvements to surrounding roadways to accommodate the Project. The Project also includes improvements and landscaping along the frontage roads and within the site itself.

2.3.4 Infrastructure
The Project will require connection to various City-operated utility and infrastructure systems. These include City-provided services such as sewer/wastewater, water and stormwater facilities. Non-City-provided infrastructure includes natural gas (to be provided by Southern California Gas Company) and electrical services (to be provided by Southern California Edison). The Project will be responsible for construction of connection points to the City’s existing infrastructure.

Proposed infrastructure improvements for sewer/wastewater, water and stormwater facilities are described in Section 7.0.

Utilities and Improvements by Phase
Below is a summary of utilities and improvements by Phase. See Section 7 for detailed information.

Phase 1

1. Extension of 42” sewer trunk line along Shirk from the Shirk and Riggin intersection. The sewer truck line is to extend north to Phase

2. Extension of 12” water line from the Shirk and Riggin intersection. The water line is to extend north to Phase 2.

3. A 10” sanitary sewer main and appurtenances shall be extended from North Roeben Street, Shannon Parkway, and Sedona Avenue.

4. Extension of 8” water line along Shannon Parkway from Shirk to Roeben.

5. Installation of storm drainage facility. Partial completion of proposed storm basin located within Phase 2.

6. Installation of improvements along Shirk frontage to Phase 2.

Including: Min. 6’ tall block wall, 8’ wide landscape, 5’ wide side sidewalk, 6’ wide path lane, 5’ wide planter, curb/gutter, where applicable deceleration lane, (2) 11’ travel lanes, median (18’ wide) and 11’ wide travel lane.

7. Installation of improvements along Riggin from Shirk to where improvements already in place West of
Akers. Including: Min. 6’ tall block wall at residential, 5’ wide sidewalk, 6’ wide bike path, 5’ wide planter, curb/gutter, where applicable deceleration lane, (2) 11’ travel lanes and 18’ wide median.

8. Installation of improvements along Sedona at existing roundabout to Shirk. Including: 5’ wide sidewalk, 5’ wide planter, curb/gutter, 8’ wide parking, (2) 12’ wide travel 516
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 lanes, 8’ wide parking, curb/gutter, 5’ wide planter, 5’ wide sidewalk.

9. Installation of improvements along Shannon Parkway from Roeben to Shirk. Including: Min. 6’ tall block wall, 9’ wide landscape, 6’ wide sidewalk, 10’ wide planter, curb/gutter, 5’ wide bike lane, 5’ wide buffer, 12’ wide travel lane, 15’ wide median and 12’ wide travel lane.

10. Installation of improvements along Roeben from Riggin to Shannon Parkway. Including: Min. 6’ tall block wall, 5’ wide planter, 6’ wide sidewalk, 6’ wide bike trail, 5’ wide planter, curb/gutter, 8’ wide parking, 12’ wide travel lane, 11’ wide median and 12’ wide travel lane.

11. Installation of three roundabouts: Shannon Parkway and Roeben, Sedona and Denton, and Roeben and Sedona.

Phase 2

1. Extension of 42” sewer trunk line along Shirk to Ave. 320.

2. Extension of 36” sewer trunk line along Ave 320 from Shirk to Akers.

3. A minimum 10” sanitary sewer main and appurtenances shall be extended along Pratt from Shirk to Roeben.

4. Extension of 12” water line along Shirk to Ave. 320. Ave 320 between Shirk & Akers and Akers from Shannon Parkway to Ave 320.

5. Completion of proposed storm basin located within Phase 2.

6. Installation of improvements along Roeben from Shannon Parkway to Ave. 320. Including: 6’ tall block wall, 5’ wide planter, min. 6’ wide sidewalk, 5’ wide planter, curb/gutter, 8’ wide parking, 5’ wide bike lane, 12’ wide travel lane, 11’ wide median, 12’ wide travel lane, curb/gutter, 5’ wide planter, 6’ wide bike trail, 6’ wide sidewalk, 5’ wide planter and min. 6’ tall block wall.

7. Installation of improvements along Shirk frontage. Including:

Min. 6’ tall block wall, 8’ wide landscape, 5’ wide sidewalk, 6’ wide bike path, 5’ wide planter, curb/gutter, where applicable deceleration lane, (2) 11’ travel lanes, median (18’ wide) and 11’ wide travel lane.

8. Installation of improvements along Shannon Parkway from Roeben to Akers. Including: 12’ wide travel lane, 15’ wide median, 12’ wide travel lane, 8’ wide parking, 5’ wide planter, 6’ wide sidewalk, 10’ wide ditch access & decomposed granite walking path, existing 19’ wide Modoc Ditch, 12' wide ditch & police access, 18' wide bioswale, 12' wide class 1 bike trail, 6' wide planter and min. 6’ tall block wall.

9. Installation of improvements along Akers to Ave.
320. Including: 6’ wide planter, 12' wide class 1 bike trail, 18' wide bioswale, +/-12’ wide ditch & police access, existing 32’ wide Modoc Ditch, +/-10’ wide ditch access and walking path, 5’ wide sidewalk, 5’ wide bike path, 5’ wide planter, curb/gutter, (2) 12’ travel lanes, median (18’ wide) and (1) 12’ travel lane.

10. Installation of improvements on Ave. 320 from Akers to Shirk. Including: Min. 6’ tall block wall, 8’ landscape, 7’ wide sidewalk, 6’ wide bike path, 5’ wide planter, curb/gutter, where applicable deceleration lane, (2) 12’ travel lanes, median (18’ wide) and (1) 12’ wide travel lane.

11. Complete the installation of improvements along Shannon Parkway from Roeben to Shirk. Including: 8' wide parking, curb/gutter, 5' wide planter, 6’ wide sidewalk, 10' wide ditch access & decomposed granite walking path, existing 19' wide Modoc Ditch, 12' wide ditch & police access, 18' wide bioswale, 12' wide class 1 bike trail, and 6' wide landscaping. 517
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

2.3.5 Parks, Trails and Open SpaceThe Project will provide a variety of public recreational facilities, including trails within the development that will be accessible by the public. A Landscaping and Lighting Act Assessment District shall be formed, prior to recordation of the final map. The purpose is for the maintenance of the landscaping, fences and/or walls along the public street frontages and open space areas of the subdivision. The Landscape and Lighting Act Assessment District shall include the operational and maintenance cost for the street lights within the subdivision and along streets abutting the subdivision. The Landscape and Lighting Act District shall include the provisions for the City to collect payment from the subdivider to cover the estimated cost to operate and maintain the improvements of the District prior to assessments occurring on the property tax roll.Refer to Figure 2.D for the general location of the proposed recreational facilities, which are described as follows: Modoc Greenway Modoc Ditch is an existing site feature at Ave. 320 and Akers to Shannon and Akers, then running east/west through the center of the site north of Shannon Parkway. A trail will be installed along the existing Modoc Ditch. The trail will be located north of Shannon Avenue and the existing Modoc Ditch. Modoc Greenway will be installed along Akers Street, immediately west of the roadway and the existing Modoc Ditch. The Greenway will include a Class 1 bike trail with landscaping on either side and tree clusters will provide shade for the users. The Modoc Greenway will connect to the nearby basin trail. The trail will provide a route for residents to access school sites, commercial areas and neighborhoods throughout Carleton Acres.

TrailsThe network of trails proposed by the Project will provide convenient walking and biking options for residents to connect throughout 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. As described above, 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 proposed 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 future elementary school and proposed 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.

Parks Parks within residential neighborhoods will range from 0.5 to 1 acre in size. Parks may be within a neighborhood or be located along the Modoc Greenway. Each park may include an open grass space, 518
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 playground, picnic area, barbeque grills, seating, and drinking fountain. Shade trees will be provided and, where possible, droughttolerant/native species will be encouraged. Parks will be located and designed to provide social activities within the development. 519
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 2.D
Open Space Plan
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Land Use

3.0 521
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

3.0 Land Use

3.1 INTRODUCTION
This Section defines the Carleton Acres land use concept and Specific Plan Area Boundaries and Phases. Each land use discussed in Section 3 has defined allowable development including square footage and maximum allowable dwelling units for the Project as a whole and the range of types of units.

3.2 LAND USE CONCEPT
The Carleton Acres Project provides a broad and balanced mix of residential, commercial, educational and open space uses serving an expansive range of local users. Figure 2.C is the conceptual use plan of Carleton Acres in accordance with the standards of the Specific Plan.

3.2.1 Residential Community
Number of Units: Up to 3,262 residential units will be permitted by the Specific Plan. These units will serve the City of Visalia as a considerable new housing resource for people with a range of incomes and lifestyles.

Permitted Residential Land Uses: Three categories of permitted residential land uses are defined in the Conceptual Use Plan, Figure

2.C.
 Residential: Low (densities between 2 and 10 dwelling units per gross acre.)
 Residential: Medium (densities between 10 and 15 dwelling units per gross acre.)
 Residential: High (densities between 15 and 35 dwelling units per gross acre.)
The term “gross acre” is defined as an acre area of land which includes in measurement of public street or other areas to be dedicated or reserved for public use.

Location of Residential Densities: Multi-unit housing with the greatest density shall be located along the arterial streets.

Single-family detached homes shall be located within the center of Carleton Acres.

Residential Product Types: Within each residential land use category, six product types ranging from single-family detached to multi-family will be allowed. This will provide a full range of housing prospects within Carleton Acres.

Residential Neighborhoods: The residential neighborhoods are designed to be walkable and connected to amenities throughout Carleton Acres.

3.2.2 Commercial Uses
Permitted Commercial Land Uses: The project may include up to 205,000 square feet of gross leasable commercial area. The commercial developments occurring in the proposed Mixed-Use Commercial Zone and the Neighborhood Commercial Zone are defined by the Conceptual Use Plan, Figure 2.C.

Location of Commercial Uses: The project’s major commercial uses shall be along W. Riggin Ave. This location will serve the daily shopping needs of the residents of Carleton Acres and its surrounding neighborhoods. The commercial spaces shall also 522
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 service those who commute between their homes in North
Visalia and the industrial work opportunities to the West.

Commercial Building Types: The types of commercial uses permitted within Mixed-Use and Neighborhood Commercial are defined in Section 4.

3.2.3 Public Uses
The Permitted public uses indicated by the Conceptual Use Plan are:
 Open Space: Modoc Greenways
 Open Space: Water Storage/Recharge Basins
 School

3.2.4 Circulation Concepts
Carleton Acres circulation system consists of four primary elements:
 The vehicular circulation (Figure 3.A) will facilitate regional and local access to and from Carleton Acres.
 The pedestrian circulation of sidewalks and trails (Figure 3.B) will be appealing and safe. Higher density residential is located closer to commercial uses to encourage pedestrian walking rather than auto trips. Landscaped streetscapes and Modoc Greenway will link the different residential densities and school sites. Streetscapes shall be designed for an enjoyable experience and encourage walking. The Modoc
Greenway trail shall be attractive for active bike and walking activity.
 The bicycle circulation (Figure 3.B) incorporates dedicated bike lanes on public streets as well as bike trails.
 Parking within Carleton Acres consists of on-site parking for residential and commercial uses. Access to residential shall be at the front for single-family. Multifamily and commercial parking areas shall be screened with landscaping.

3.2.5 Open Space Concepts
Carleton Acres incorporates an integrated public open space network (Figure 2.D), a critical element of the development and importance to the residential uses.

The open space elements include neighborhood parks, vehicular and pedestrian corridors, medians, buffers, entry treatments, trail and water storage/recharge basins.

Section 6 Landscape details each element of the Open Space elements.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 3.A
Vehicular Circulation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 3.B Pedestrian and Bicycle Circulation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

3.3 PROJECT BOUNDARIES AND PHASES

3.3.1 Consistency
All land uses and development guidelines within the Specific Plan Area are concise with the City of Visalia’s General Plan Land Use Map.

The Specific Plan uses match acre per acre to the City of Visalia’s General Plan Land Use Map for all uses except the Mixed-Use Commercial was added by reducing the Single-Family Residential Use area. This document will indicate the Carleton Acres Specific Plan Area as a single land use termed Specific Plan. Within this designation, the Carleton Acres Specific Plan then establishes more detailed land uses.

3.3.2 Specific Plan Area
The Specific Plan Area is the portion of the City of Visalia within which this Specific Plan applies. The Specific Plan Area is shown by Figures

1.B and 2.A.

3.3.3 Phases
Within the Specific Plan there are two phases as shown on Figure 2.C.

Phase 1 includes land uses south of Modoc Greenway and Shannon Parkway. The development agreement shall have guidelines for when Phase 2 construction may begin.

3.3.4 Agricultural
Project phasing and design will allow the undeveloped portion of the project site to remain in agricultural production for the longest feasible period. Phase 2 which includes the wine grapes will continue to be farmed. The phasing allows +/-329 acres to be continually farmed while Phase 1 is in development stage. The City of Visalia’s Urban Development Boundaries limits the conversion of agricultural land into Tiers. Phase 1 includes Tier 1 and Tier 2. Phase 2 of the project is within the last 3rd Tier of the growth boundary.

3.4 LAND USES

3.4.1 Land Use Designations
As discussed in Sub-section 3.2, Figure 2.C indicates respectively the Permitted Land Uses and their locations within Carleton Acres.

3.4.2 Land Use Summary for each Phase
Table 2-1 provides a breakdown of land use designations, their respective acreages, and permitted dwelling unit ranges for each phase.

3.4.3 Land Use Regulatory Categories
The Specific Plan defines two basic regularity categories of land uses, Permitted and Conditional Use Permit. Permitted Land Uses are allowed by right and do not require review and approval by the Planning Commission. Conditional Use Permit land uses are uses incorporated within the Specific Plan which are allowed with separate review and approval from the City of Visalia Planning Commission. The review and approval process is defined in Section

8.5. Uses which are not incorporated in the Specific Plan may be provided only with an amendment to the Specific Plan and, if required, a General Plan Amendment (see Section 8.5).

3.4.4 Street Sections
Figures 7.B through 7.Q indicate sections taken through Carleton Acres’ major roads. These sections illustrate the relationship 526
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 between the streets, parkways and sidewalks on Builder/Developer private lots, buffers and street space landscaping. The street sections in Section 6 convey more detailed information about the landscape, hardscape, streetscape and amenities within the street space. 3.4.5 Levels of Land Use Flexibility The market demand and economy are unpredictable. In order for Carleton Acres to be successful the Specific Plan must include measures to assure that development can meet market demand.  Optional Residential Product Types: Multiple product types are permitted for each location designated for residential use.  Optional Residential Building Densities: Within each
residential land use category, the Builder/Developer may choose from a range of allowed densities. For example, the high-density residential category allows between 15 to 35 housing units per acre.  Choice of Product Types: The Specific Plan is designed to provide flexibility in the choice of residential product types and lot sizes within a given area.  Flexibility within Commercial Uses: Each commercial
building type provides options in terms of lot area, width, depth, and coverage and building height.  Specially Permitted Land Uses: The school site allows for an alternate land use of low density residential. Such uses are subject to approval by the City Planning Commission and City Council, and a letter from the Visalia Unified School District stating that it does not want to purchase or utilize the land. Procedures for approving Specially Permitted Land Use are defined in Section 8.  Ability to Change the Specific Plan: A Builder/Developer who wants to provide uses not incorporated as a Conditional Use Permit land use may apply to the City of Visalia for an amendment to the Specific Plan. The procedure for doing so is defined by the City of Visalia.

3.5 DEVELOPMENT GUIDELINES 3.5.1 Introduction The Specific Plan contains two basic types of development guidelines: land use designations and design standards. Land Use Designations: The land use designations are indicated by Figure 2.C defining all Permitted Land Uses incorporated by the Specific Plan. The Project Boundary and each Phase is illustrated. Design Standards and Guidelines: The standards for Commercial, Residential and Landscape uses and Infrastructure are located in Sections 4,5,6 and 7 of this Specific Plan. 3.5.2 Land Use Designations by Phase This section presents Land Use Designations for each Phase in the following format: 1. A brief discussion describes the Phase in terms of its location, existing development, permitted land use, Conditional Use Permit and the Specific Plan sections in which other development controls are located.

2. Two tables contain the Land Use Summary and allowed uses for each Permitted and Conditional Use Permit.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

3.5.2.1 Phase 1
Location: Phase 1 is located in the southwest portion of Carleton Acres bordered by W. Riggin Avenue to the South, N. Shirk Road to the West, and Shannon Parkway to the North. The planned high school located to the East. Phase 1 includes approximately 177.7 acres. For the boundaries and location of Phase 1 see Figure 2.C. Pedestrian and bicycle access will link the commercial to the surrounding residential neighborhoods.

Permitted Land Use: Phase 1 contains four permitted land uses:

Commercial Mixed Use, Low Density Residential, Medium
Density Residential and High Density Residential. Commercial Mixed-Use uses can accommodate up to 188,000 square feet of commercial anchor, retail uses and food services. The allowable uses will benefit the most from their proximity to W. Riggin Avenue.

General Guidelines: Refer to the following sections for additional development guidelines and implementation
information generally applicable to Phase 1:
 Section 4: Commercial Master Plan
 Section 5: Residential Master Plan
 Section 6: Landscape Master Plan
 Section 7: Infrastructure Master Plan
 Section 8: Implementation
Land Use Summary
Permitted Land Use Gross Acreage Allowed DU Range
Commercial Mixed Use 28.7 N/A
Residential Low Density 100.9 202-1,009
Residential Medium Density 9.1 91-137
Residential High Density 39 585-1,365
Open Space (Park) 3.5* N/A___________
Phase 1 Totals 177.7 878-2,511
*The Open Space (Park) is included in the gross acreage of each land use and not included in the total acreage for Phase 1.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Allowed Uses for each Permitted & Conditional Use Permit Permitted Land Use Allowed Use Commercial Mixed Use See Permitted Uses on next page. Residential Low Density Single Family and Small Single Family Lots
Residential Medium Density Cluster, Townhouse, Duplex, or Fourplex Residential
Residential High Density Fourplex Residential or Apartment Building
Open Space (Park) Park and Open Landscape Areas
Allowed Uses for Commercial Mixed-Use
Automotive: Auto Oil, Lube & Smog Test Shops-Automotive Supplies, Parts & Accessories-Tire Sales & Service Banks & Financial Institutions: Stand-alone automatic teller-Office Barber, Hairstylists, Tanning Centers, Cosmeticians & Day Spa: Stand Alone Catering Services Clothing/ Costume Rental Communications: Communications Equipment Building, Radio and TV Broadcasting Studios-with antenna off-site. Daycare: Up to 12 adults, Up to 14 children Drive-thru lanes meeting all standards Eating & Drinking Establishments: Cafeterias-Fast Food RestaurantsPizza/Sandwich Shops (serving wine/beer)-Ice Cream Shop-Site Down Restaurant/Café with or without full bar using less than 25% of public area. Florist Fuel Storage: Propane/Butane, Above Ground Tanks dispensing Class I,II, and III-A liquids-more then 100 feet of a residential use or residential zoned property. Galleries Home Occupation Businesses Laundry/Dry Cleaners: Dry Cleaners, Diaper Supply Service, Linen & Uniform Supply Service, Self Service Laundries Medical Facilities/Services: Dialysis Center and Blood Donation Centers, Laboratories (medical testing & diagnostic), Medical Equipment/supplies, Opticians 529
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Offices: less than 2,000 square feet to more than 6,000 square feet, More than 25% of total leased area for center, Medical, Counseling/psychologist Parcel Delivery Services/Parcel Distribution
Parking Facilities for Off-Site Uses
Photocopy Services (without printing press)
Photography Studio, Photography Labs/Blue Printing/Microfilming, Photography Labs with Retail on Site
Private Postal Service
Public Community Services: Police Stations & Substations, Post Office Substations
Recreation Facilities: Athletic and Health Clubs less than 5,000 square feet, Dance, Yoga & Music Studio, Martial Arts, Video Machines/Coin Operated Games 1 to 4 machines.

Recycling Facilities: Reverse Vending MachinesResidential: Household Pets Retail General Merchandise: Up to 60,000 square feet
Building/Landscape Materials: Floor & wall coverings, Garden Centers/Nurseries located within primary use, Glass Stores, Hardware Stores less than 10,000 square feet, Paint Stores, Home Improvement, Drugstore/Pharmacy
Food Stores: Specialty Food Stores (bakery, delicatessen, butcher shop, meat market, health food, gourmet/imported food, et.),
Supermarkets/Grocery stores
Furniture & Furnishings new
Furniture & Furnishings secondhand up to 10,000 square feet Gun shops
Magazine/Newspaper Sales indoor
Outlet Stores: bakery, apparel, furnishings
Pet Stores
Pool/Spa Supplies/Equipment
Secondhand Store/Thrift Shops
Service/Commercial: Appliance, Electrical Equipment, Tools (disassemble & repair), Courier Services, Equipment Rental (indoors), Gunsmith Shops (including incidental retail), Locksmiths, Pet Grooming/Dog Training (conducted indoors), Printing Service, Sharpening Service, Shoe Repair Shops, Tailor, Dressmaking & Alterations, Upholstering Shops (furniture only)
Taxi/Limousine Service
Utilities: Business Offices, Elevated Pressure Tanks, Payment Centers Veterinary Services: Animal Care Clinic (no boarding)
Warehousing Storage: Do not exceed 20% gross floor area of permitted use Other: Other Uses Similar in Nature and Intensity as Determined by the City Planner
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Requires Conditional Use Permit for Commercial Mixed-Use Automotive: Auto Leasing/Renting, Auto Repairs, -Car Washing self-service or automated Barber, Hairstylists, Tanning Centers, Cosmeticians & Day Spa: Located within the Primary Permitted Use on the Site & Tattooist Bus Depots: Public & Private Transfer Point Churches & Other Religious Institutions: Up to 200 Seats Communications: Radio and TV Broadcasting Studios-with antenna on-site, Communications Equipment Building, Wireless telecommunication facilities more than 100 feet from residential or planned/zoned residential Daycare: More than 12 adults, More than 14 childrenDrive-thru lanes not meeting all standards Eating & Drinking Establishments: Bars/Taverns within & not within 300 feet of any residence/public use, Micro-breweries/micro-wineries (with or without restaurants, Craft distilleries, Live Entertainment, Sit-Down Restaurant/Café with full bar using greater than 25% of public area Fuel Storage: Above Ground Tanks dispensing Class I,II, and III-A liquidswithin 100 feet of a residential use or residential zoned property. Funeral Home/Mortuary Hotels and Motels Massage Therapist Medical Facilities/Services: Rehabilitations Hospitals Photocopy Services/Desktop Publishing (with printing press) Planned Unit Development Private Clubs and Lodges Public Community Service: Community & Recreation Centers, Community Gardens, Fire Stations, Public Buildings, Offices & Grounds, Public Libraries, Public Parks/Playgrounds Recreation Facilities: Athletic and Health Clubs, Aquatic Centers-, Athletic/Playing Fields, Bowling Alleys, Golf Courses & Driving Ranges, Miniature Golf Courses, Ice & Roller Skating Rinks, Pool Halls/Billiard Parlors, Video Machines/Coin Operated Games 5 or more machines, Other Recreational Facilities, Rifle and Pistol Range indoor Recycling Facilities: Small Collection Residential: Residential Units, New or Expansions, which may or may not be associated with a commercial activity, Senior Citizen Residential Developments Retail General Merchandise: over 60,000 square feetBuilding/Landscape Materials: Garden Centers/Nurseries stand alone, Feed Stores Food Stores: Convenience Store 7,000 square feet or less, Liquor Store within & not within 300 feet of residential/public use, wine tasting with sales, Magazine/Newspaper Sales outdoor Pawnshops Smoke Shops Schools, Public and Private: Preschool/After School Care, Elementary, Middle School, High School, Colleges/Universities, Business, Trade, Vocational, Charter or other Specialized Schools, Tutor Centers Service/Commercial: Check/cashing Service, Bail Bonds, Equipment Rental (conducted outdoors), Sheltered Workshops Service Stations: Fuel Dispensing, which may include major auto repair 531
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Theaters: Drive-in, Movie, Live Performance
Utilities: Electric Distribution Substations, Gas Regulator Stations, Public Service Pumping Stations, Public Utility Service Yards
Veterinary Services: Hospitals/Clinics located 500 feet from a residential zone including short term boarding of animals
Warehousing Storage: In excess of 20% gross floor area of permitted use Mini Storage Facilities
Other: Other Uses Similar in Nature and Intensity as Determined by the City Planner Subject to the Granting of a Conditional Use Permit 532
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Allowed Uses for R-1 Single Family Residential
One-family dwelling
Accessory structures: private garages/carports, one guest house, garden structures, hobby shops
o Max. 12’ height
o Max. coverage 20% of required rear yard
o Reverse corner lots: No structure within 15’ of adjacent lot’s front yard area.

Swimming pools
Temporary subdivisions sales office
Licensed day care for a maximum of 14 children in addition to residing family.
24 hour residential care facilities or foster homes with a maximum of six individuals in addition to residing family.

Accessory dwelling units as specified in zoning code
Adult day care up to 12 persons in addition to the residing family Requires Conditional Use Permit for R-1 Single Family Residential Public and quasi-public uses of an educational or religious type including public and elementary schools, junior high schools, high schools and colleges, nursey schools, licensed day care facilities for more than 14 children, churches and other religious institutions.

Public and private charitable institutions, general hospitals, nursing and convalescent homes.

Public uses of an administrative, recreational, public service, or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers.

Electric distribution stations
Gas regulator stations
Public service pumping stations
Communication equipment buildings
Planned neighborhood commercial center
Residential development specifically designed for senior housing Adult day care in excess of 12 persons
Duplexes on corner lots
24 hour residential care facilities or foster homes for more than six individuals in addition to residing family.

Residential structure and accessory buildings totaling more than 10,000 square feet
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Allowed Uses for R-M Multi-Family Residential
Multi-family dwellings up to 80 dwelling units per site in the R-M-2 zone and R-M-3 zone
Planned developments
Swimming pools
Temporary subdivisions sales office
Licensed day care for a maximum of 14 children in addition to residing family.
24 hour residential care facilities or foster homes with a maximum of six individuals in addition to residing family.

Accessory buildings
Adult day care up to 12 persons in addition to the residing family Requires Conditional Use Permit for R-M Multi-Family Residential Public and quasi-public uses of an educational or religious type including public and elementary schools, junior high schools, high schools and colleges, nursey schools, licensed day care facilities for more than 14 children, churches and other religious institutions.

Public and private charitable institutions, general hospitals, nursing and convalescent homes.

Open air public or private parking lot
Electric distribution stations
Gas regulator stations
Public service pumping stations
Communication equipment buildings
More than 80 units per site in the R-M-2 zone
More than 80 units per site in R-M-3 zone
Residential development specifically designed for senior housing Adult day care in excess of 12 persons
Other uses similar in nature and intensity as determined by the city planner Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this chapter and in which the private streets are designed and constructed to meet or exceed public street standards
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

3.5.2.2 Phase 2
Location: Phase 2 is in the northern portion of the Carleton Acres Project site. It is bordered by N. Akers Street to the East, Shannon Parkway to the South, N. Shirk Road to the West and Avenue 320 to the North. The Modoc Greenway borders to the East and South. Phase 2 includes approximately 329.6 acres. For the boundaries and location of Phase 2 see Figure 2.C. Pedestrian and bicycle access will link the residential uses to the school sites.

The Modoc Greenway provides a link for residents across the whole project. It is an amenity to be enjoyed by all for active walking or biking.

Permitted Land Use: Phase 2 contains five permitted land uses:

Commercial Neighborhood, Public/Institutional, Low Density Residential, Medium Density Residential, High Density
Residential and Open Space. Commercial Neighborhood uses can accommodate up to 21,500 square feet of retail uses and food services. See section 3.5.2.1. for Residential permitted uses.

General Guidelines: Refer to the following sections for additional development controls and implementation
information generally applicable to Phase 2:
 Section 4: Commercial Master Plan
 Section 5: Residential Master Plan
 Section 6: Landscape Master Plan
 Section 7: Infrastructure Master Plan
 Section 8: Implementation
Land Use Summary
Permitted Land Use Gross Acreage Allowed DU Range
Commercial Neighborhood 6.4 N/A
Public/Institutional 13.0 N/A
Residential Low Density 204.5 409-2,045
Residential Medium Density 66.7 667-1,001
Residential High Density 21.7 326-780
Open Space (Basin) 17.3 N/A
Open Space Park) 13.8* N/A
Phase 2 Totals 329.6 1,402-3,826
*The Open Space (Park) is included in the gross acreage of each land use and not included in the total acreage for Phase 2.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Allowed Uses for each Permitted & Specially Permitted Land Use Permitted Land Use Allowed Use
Public/Institutional School Site, Community Playfields, or Single Family Residential
Residential Low Density Single Family and Small Single Family Lots
Residential Medium Density Cluster, Townhouse, Duplex, or Fourplex Residential
Residential High Density Fourplex Residential or Apartment Building
Open Space (Basin) Water Storage/Recharge, Trail on
East side, or Single Family
Residential
Open Space (Park) Park and Open Landscape Areas
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Allowed Uses for Commercial Neighborhood
Banks & Financial Institutions: Stand-alone automatic teller-Office Barber, Hairstylists, Tanning Centers, Cosmeticians & Day Spa Daycare: Up to 12 adults, Up to 14 children
Drive-thru lanes meeting all standards
Eating & Drinking Establishments: Cafeterias-Fast Food RestaurantsPizza/Sandwich Shops (no alcohol)-Ice Cream Shop-Site Down Restaurant/Café with or without full bar using less than 25% of public area.

Florist
Fuel Storage: Above Ground Tanks dispensing Class I,II, and III-A liquids, more then 100 feet of a residential use or residential zoned property.

Galleries
Home Occupation Businesses
Laundry/Dry Cleaners: Dry Cleaners, Self Service Laundries Offices: Less than 2,000 square feet, Up to 25% of total leased area for center
Photocopy Services (without printing press)
Photography Studio
Private Postal Service
Recreation Facilities: Athletic and Health Clubs less than 5,000 square feet, Dance, Yoga & Music Studios, Martial Arts, Video Machines/Coin Operated Games 1 to 4 machines.

Recycling Facilities: Reverse Vending Machines
Residential: Household Pets
Retail General Merchandise: Up to 4,000 square feet
Building/Landscape Materials: Garden Centers/Nurseries located within primary use, Hardware Stores less than 10,000 square feet, Drugstore/Pharmacy
Food Stores: Specialty Food Stores (bakery, delicatessen, butcher shop, meat market, health food, gourmet/imported food, et.),
Supermarkets/Grocery stores
Furniture & Furnishings secondhand up to 10,000 square feet Gun shops
Pet Stores
Pool/Spa Supplies/Equipment
Service/Commercial: Appliance, Electrical Equipment, Tools (disassemble & repair), Locksmiths, Pet Grooming/Dog Training, Sharpening Service, Shoe Repair Shops, Tailor, Dressmaking & Alterations
Utilities: Payment Centers
Veterinary Services: Animal Care Clinic (no boarding)
Warehousing Storage: Do not exceed 20% gross floor area of permitted use Other: Other Uses Similar in Nature and Intensity as Determined by the City Planner
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Requires Conditional Use Permit for Commercial Neighborhood Automotive: Auto, Lube & Smog Test Shops-Automotive Supplies, Parts & Accessories, Car Washing self-service or automated, Tire Sales & Service Communications: Communications Equipment Building, Wireless telecommunication facilities more than 100 feet from residential Daycare: More than 12 adults, more than 14 children
Drive-thru lanes not meeting all standards
Eating & Drinking Establishments: Bars/Taverns within 300 feet of any residence/public use, Micro-breweries/micro-wineries (with or without restaurants, Sit-Down Restaurant/Café with full bar using greater than 25% of public area
Fuel Storage: Above Ground Tanks dispensing Class I,II, and III-A liquids, within 100 feet of a residential use or residential zoned property.

Massage Therapist
Medical Facilities/Services: Clinics (medical group, urgent care/walk-ins, dental, rehabilitation, outpatient surgery center), Opticians (dispensing), counseling/psychologist
Offices: Above 2,000 square feet
Offices: More than 25% of total leased area for center
Park & Ride
Planned Unit Development
Public Community Service: Community & Recreation Centers, Community Gardens, Fire Stations, Police Stations & Substations, Public Buildings, Offices & Grounds-Public Libraries, Public Parks/Playgrounds, Post Office Substations
Recreation Facilities: Athletic and Health Clubs, Aquatic Centers, Video Machines/Coin Operated Games 5 or more machines, Other Recreational Facilities, Rifle and Pistol Range indoor
Recycling Facilities: Small Collection
Residential: Residential Units, New or Expansions, which may or may not be associated with a commercial activity
Retail General Merchandise: 4,001 to 40,000 square feet Building/Landscape Materials: Floor & Wall Coverings, Garden Centers/Nurseries stand alone
Food Stores: Convenience Store 7,000 square feet or less-Liquor Store not within 300 feet of residential/public use.

Magazine/Newspaper Sales indoor or outdoor
Schools, Public and Private: Preschool/After School Care, Elementary, Middle School, High School, Tutor Centers
Service/Commercial: Check/cashing Service, Printing Service, Sheltered Workshops
Service Stations: Fuel Dispensing only not including major auto repair services of any kind
Utilities: Electric Distribution Substations-Elevated Pressure Tanks, Gas Regulator Stations, Public Service Pumping Stations
Veterinary Services: Hospitals/Clinics located 500 feet from a residential zone including short term boarding of animals
Warehousing Storage: In excess of 20% gross floor area of permitted use Other: Other Uses Similar in Nature and Intensity as Determined by the City Planner Subject to the Granting of a Conditional Use Permit 538
Commercial

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

4.0 Commercial

4.1 INTRODUCTION
This Specific Plan contains standards which apply to all commercial uses built within the Carleton Acres Specific Plan Area. Basic land uses are established by Section 3. Any regulatory issues not addressed by this Specific Plan shall be administrated by the City of Visalia requirements.

Related standards affecting commercial development are in the following locations:
 Permitted land uses and intensity of land use: Section 3.  Street and open spaces within commercial: Section 6.
 Commercial drive aisles: Section 6.3.5
 Off-street parking: Section 6.8.2
 Service area and trash enclosures: Section 6.8.3
 Signage: Section 6.9

4.2 COMMERCIAL DEVELOPMENT CONCEPT
The Commercial Mixed-Use area in Carleton Acres is designed to be a dynamic space, featuring a major anchor tenant, drive-thru pads for fast-food options, and pads for various shops and restaurants. This commercial hub offers convenience and amenities not only for Carleton Acres residents but also for all of North Visalia's community, including workers and visitors. The strategic positioning along W.

Riggin Ave. ensures high visibility and easy access, making the commercial area easily identifiable from nearby streets. With a diverse mix of businesses, the Commercial Mixed-Use area shall thrive and serve as a busy destination for the community. Refer to Commercial Mixed-Use Conceptual Illustration Figure 4.A and Commercial Mixed-Use Conceptual Rendering Figure 4.B.

The Commercial Neighborhood land use in Carleton Acres is carefully planned to meet the day-to-day needs of its residents as well as the future adjacent neighborhoods. The area is envisioned to include essential amenities such as a drug store, restaurants, and various shops. These businesses are strategically oriented towards the street.

The Commercial Neighborhood has a direct connection to the Modoc Greenway, ensuring seamless accessibility and promoting a sense of connectivity between the commercial area and the surrounding community. Refer to Commercial Neighborhood Conceptual
Illustration Figure 4.C.

Monumental features as well as architecture shall demonstrate the identity and character of Carleton Acres.

Architectural recommended features:

Classic/timeless architecture
Smooth stucco light in color
Gray/Black metal awnings
Stone columns with metal trellis
See Figure 4.D Commercial Conceptual Illustrations

4.3 LOCATION OF COMMERCIAL USES

4.3.1 Location of Commercial Mixed Land Use
Phase 1 includes Commercial Mixed-Use at the major intersection of W. Riggin Avenue and N. Shirk Road.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 The accessibility and convenience of the Commercial Mixed-Use site along W. Riggin Ave. are key factors contributing to its success as a thriving commercial hub. The constant flow of people traveling along this major road provides high visibility to the businesses, attracting potential customers and fostering a vibrant commercial district within Carleton Acres. This strategic placement also aids in managing traffic flow, directing high-density traffic to the main arterial streets and reducing congestion near schools and residential areas. As a result, the community creates safer and more pedestrian-friendly environments, contributing to a harmonious and family-friendly atmosphere.

Beyond serving the Carleton Acres Community, the Commercial Mixed Uses attract residents south of W. Riggin Ave. and east of N.

Akers St., providing them with convenient access to daily conveniences and services. Additionally, Visalia residents traveling along W. Riggin Ave. benefit from the added commercial options in North Visalia, enhancing the appeal of the area as a shopping and dining destination.

The vision for the Commercial Mixed-Use area includes a mix of businesses, including a large "anchor type" tenant and various smaller shops and pad sites that attract renowned chain-type businesses. The development also encourages the establishment of fast-food and dine-in restaurants.

The site's easy accessibility by vehicle, bicycle, or foot travel, facilitated by the trail, bike lane, and adjacent sidewalks throughout Carleton Acres, ensures that residents and visitors can access the Commercial Mixed-Use area conveniently. This inclusive approach to transportation options promotes an active and connected community where commerce thrives, and residents' well-being remains a top priority. The Commercial Mixed-Use area becomes a vibrant and dynamic hub that contributes to the overall success and harmony of Carleton Acres as a well-balanced and desirable community.

4.3.2 Location of Commercial Neighborhood Land Use
Phase 2 includes Commercial Neighborhood use at the major intersection of Ave. 320 and N. Akers Street.

For the commercial uses in Carleton Acres to thrive, visibility to the traffic along arterial streets is essential. The strategic location of these commercial areas ensures that traffic remains concentrated along the main arterial streets, reducing congestion within the residential areas and promoting a safer and more pedestrian-friendly environment for residents. The Commercial Neighborhood uses serve as a valuable resource for Carleton Acres residents, offering local conveniences and amenities. Additionally, these commercial areas are planned to cater to the future residential development east of N. Akers Street.

The vision for the Commercial Neighborhood uses includes a mix of local shops, businesses, restaurants, and a drive-thru pad. This diverse offering meets the varied needs and preferences of Carleton Acres residents, enhancing their overall quality of life.

The location of the Commercial Neighborhood use site is strategically accessible to the high and medium residential areas situated in the northeast portion of Carleton Acres. The Modoc Greenway trail serves as a vital link, connecting the commercial uses to the residential neighborhoods, the existing middle school, and the future high school. Additionally, a trail to the south of the commercial neighborhood will connect residents on the west side of Carleton Acres to the future elementary school, promoting connectivity and encouraging alternative transportation options.
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4.4 COMMERCIAL POLICIES AND STANDARDS
The following standards shall apply to all commercial developments.

A) Building Type Standards: Section 4.4 contains building standards for each commercial building type allowed within Carleton Acres. Section 3.5 provides the development
guidelines for allowed uses and the maximum square
footage of commercial developments.

B) Walkability: All streets within the commercial use should be designed with a high level and quality of landscape and hardscape to create an appealing and pedestrian-friendly environment. The high-quality pedestrian environment in Carleton Acres' commercial areas would enhance their
appeal as attractive places to shop and work as well as encouraging residents to choose walking as a convenient alternative to local auto trips.

C) Identity: All commercial development should have a distinct and unique identity, promoting diversity and enhancing the overall character of the community. This distinctiveness should be achieved through consideration of various
elements such as building architecture, siting, scale,
massing, materials, monumental features, landscaping, and the thoughtful design of parking areas, resulting in a diverse and visually appealing commercial landscape that enhances the community's character and charm.

D) Design and Construction Quality: The architectural, lighting, signage, parking and construction quality of commercial uses should follow a high standard.

E) Parking: The parking areas within this Master Plan for each use should be attractive, convenient, landscaped and
lighted.

F) Signage and Lighting: Lighting is important for public security and safety. Signage and lighting features should complement the architecture.

G) Mechanical Equipment Screening: All mechanical
equipment should be screened from public view using
screening devices consistent with the adjacent architectural design.

H) Design Concept: The building design is to prioritize street frontages with main entries clearly visible, promoting a pedestrian-friendly environment. Complexity in building design is also favored, and articulated corners, varied facades, deep openings, and shadow-creating details are recommended for added visual interest. The ground floor should feature transparent elements, such as windows or glass facades, to engage pedestrians, while arcades,
awnings, and canopies provide shade and enhance the
pedestrian experience. At least 30% of the ground floor facade is encouraged to be transparent. The color palette should draw inspiration from traditional farm-style natural colors, with vibrant accents allowed in appropriate
locations, and high-quality materials for roofs that promote individuality and variety along the street.

I) Landscape: The landscape design plays a vital role in unifying and defining the identity of Carleton Acres. Open spaces should be thoughtfully designed as outdoor rooms, with plazas as focal points to encourage community
engagement and outdoor dining areas are encouraged to
enhance the overall experience and sense of togetherness within the community.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

4.5 COMMERCIAL DEVELOPMENT STANDARDS
Land Use
Zoning C-MU
Land Use Designation Commercial Mixed-Use
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Setbacks (Minimum)
Riggin Avenue 15’ (Landscape 15’ minimum)
Shirk Road 10’ (Landscape 10’ minimum)
Denton Street 10’ (Landscape 10’ minimum)
Rear 0’ (Landscape 5’ minimum)
Rear abutting R-1 or R-M zone 15’ (Landscape 5’ minimum) Side 0’ (Landscape 5’ minimum)
Side abutting R-1 or R-M zone 15’ (Landscape 5’ minimum) Building Height 50’ maximum
Parking Section 6.8.2
Wall & Fence Section 6.8.4
Signage Section 6.9
Landscape Section 6.8
Lighting Section 6.10
Land Use
Zoning C-N
Land Use Designation Commercial Neighborhood
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Setbacks (Minimum)
Avenue 320 15’ (Landscape 15’ minimum)
Akers Street & Local Street 10’ (Landscape 10’ minimum) Rear 0’ (Landscape 5’ minimum)
Rear abutting R-1 or R-M zone 15’ (Landscape 5’ minimum) Side 0’ (Landscape 5’ minimum)
Side abutting R-1 or R-M zone 15’ (Landscape 5’ minimum) Building Height 50’ maximum
Parking Section 6.8.2
Wall & Fence Section 6.8.4
Signage Section 6.9
Landscape Section 6.8
Lighting Section 6.10
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 4.A
Commercial Mixed-Use Conceptual Illustration
Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 4.B
Commercial Mixed-Use Conceptual Rendering
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 4.C
Commercial Neighborhood Conceptual Illustration

Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 4.D
Commercial Conceptual Design Illustrations

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Residential

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

5.0 Residential

5.1 INTRODUCTION
This Specific Plan addresses all residential development in Carleton Acres. Residential development standards and design elements include location, site configuration, density, design character and other features of residential development within Carleton Acres.

This section outlines the Specific Plan’s neighborhood development visions. This Specific Plan contains standards which apply to all residential uses built within the Carleton Acres Specific Plan Area.

Basic land uses are established by Section 2. Any regulatory issues not addressed by this Specific Plan shall be governed by the City of Visalia requirements.

Related standards affecting residential development are in the following locations:
 Permitted land uses and intensity of land use: Section 3.  Street and open spaces within residential: Section 6.

The development standards are organized by the following:
residential policies and standards, residential product types development standards, and residential architectural style.

5.2 RESIDENTIAL DEVELOPMENT CONCEPTS
The residential Standards and Guidelines of Carleton Acres’ neighborhood concept is based on the policies of the City’s General Plan. The key elements of this vision which have guided the development of this Specific Plan are:
 Neighborhoods should 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.  Interconnected local street and pedestrian circulation.  Provide a range of housing types and prices. Allow
developers flexibility in meeting housing needs.
 Provide amenities for all residents with open space, parks and recreational areas. This can include shared use of school properties.
 Allow sufficient density to enable new development to be self-sufficient, paying for all required infrastructure and open space.
 Provide additional revenues (sales tax, property tax, impact fees, etc.) that would support all services within the area to be developed and contribute to the City’s general fund.  Neighborhoods should have well-defined edges created by commercial districts, major streets and public facilities.  Neighborhoods streets, pedestrian paths and bike paths should be planned as a system of fully connected and
interesting routes.

Character of Neighborhood Streets
 Narrow streets
 Street trees which form a canopy
 Traffic calming strategies
 Variable lot setbacks
 Architectural and site design which supports the street as a social space
 Rear auto access for some product types
 Variety of compatible architectural styles
 Front porches are encouraged
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023  Wrap-around elevation treatments
 Varied roof pitches
 Varied garage placement
 Varied yet consistent color palette
The densities below determine the type of housing that is allowed per zone. The building standards define the lots where the Product Type may be constructed. The planning in Carleton Acres creates a harmonious streetscape and imparts a distinctive character to each neighborhood, resulting in a unique and cohesive community ambiance.

5.3 LOCATION OF RESIDENTIAL USES

5.3.1 Low Density (R-1-5 Use)
In Carleton Acres, the Low Density Residential areas are strategically concentrated towards the center of the community, with each residential development playing a crucial role in fostering a strong sense of neighborhood within the larger master planned community.

All residential developments share common theme materials and details, creating a cohesive and unified visual identity. Some of these developments may even function as their own gated communities, adding an element of exclusivity while maintaining a sense of belonging within the larger community. Where walls are required by the city, the design emphasizes the use of plantings to soften their appearance and mitigate potential graffiti issues, promoting a more aesthetically pleasing and secure environment.

The residential development in Carleton Acres is thoughtfully organized through a traditional street grid intersected by parkways, avenues, bicycle paths, trails, and the Modoc Greenway. These elements define the various neighborhood villages and reinforce connections to the commercial areas, school sites, and public spaces.

This strategic layout enhances accessibility and connectivity, ensuring that residents can easily access amenities and services within the community, contributing to a sense of cohesiveness and convenience.

Recognizing the importance of offering housing diversity to accommodate various lifestyles, the Specific Plan includes a mix of housing types, sizes, and styles. Different clusters of development provide residents with the flexibility to choose a housing option that aligns with their evolving lifestyle needs throughout different stages of life. Varied lot and home sizes within each residential development offer a range of lifestyle opportunities, making Carleton Acres a dynamic and inclusive place to call home.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 5.A
Phase 1 Low Density Conceptual Illustrations
Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 5.B
Phase 2 Low Density Conceptual Illustrations
Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

5.3.2 Medium Density (R-M-2 Use)
Phase 1 Medium density uses are a suitable buffer between commercial and low density residential. In Phase 2 of the Project medium density residential is placed along N. Akers St., Ave 320 and N. Shirk St. Along N. Akers St., the Modoc Greenway & bike trail provide a buffer for the multi-family dwellings.

Figure 5.C
Phase 1 Medium Density Conceptual Illustrations
Key Map
Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 5.D
Phase 2 Medium Density Conceptual Illustrations
Key Map
Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Key Map Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

5.3.3 High Density (R-M-3 Use)
Multi-family acts as a buffer between arterial streets on W. Riggin Ave., N. Shirk Road, Ave 320 and N. Akers St. to the low-density residential lots.

Figure 5.E
Phase 1 High Density Conceptual Illustrations
Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 5.F
Phase 2 High Density Conceptual Illustrations
Key Map Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Key Map
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

5.4 RESIDENTIAL POLICY AND STANDARDS

5.4.1 Single-Family Residential Policies and Standards
A) Building Type Standards: Development Standards for
Product Type 1-R Large Lot Single-Family and 2-R Small lot Single-Family are in Section 5.5. Front yard setbacks should be staggered.

B) Walkability: All streets within the residential use area should be a high level of quality landscape and hardscape to foster an appealing pedestrian environment. This deliberate focus would not only enhance the attractiveness of the residential areas as desirable places to live but also encourage and promote pedestrian use, contributing to a vibrant and
pedestrian-friendly community.

C) Identity: A variety of architectural product types is encouraged for a distinct residential identity. This emphasis on variety is achieved through careful consideration of building architecture, siting, scale, massing, and materials, all of which contribute to creating a cohesive and visually appealing neighborhood character.

D) Design and Construction Quality: The architectural, lighting, signage, parking, and construction quality of residential uses should adhere to a high standard, ensuring a consistent and elevated level of design and construction throughout the community.

E) Signage and Lighting: Lighting is important for public security and safety. Signage and lighting features should complement the architecture.

F) Screening: Service uses like trash storage and utility meters should be discreetly screened and kept out of sight from the street view to maintain the community's aesthetic appeal.

Additionally, all mechanical equipment should be adequately screened from public view, utilizing screening devices that blend harmoniously with the adjacent architecture, ensuring a visually pleasing and seamless integration within the neighborhood.

G) Design Concept: A diversity of architectural styles is promoted regardless of block lengths, with a minimum of two elevation styles per plan. To ensure architectural and visual variety, adjacent lots should have distinct color schemes. Additionally, it is encouraged to have different floor plans plotted next to each other, for a unique
streetscape. Primary entrances to all homes are oriented towards the public streets or greenspaces, ensuring clear access to all residences and enhancing the community's
connectivity. Porches are encouraged, with a minimum
depth of 6' measured at the walking surface, adding to the charm and appeal of the residential neighborhoods.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 H) Landscape: Enhance architecture through the thoughtful integration of complementary landscape elements.

Decorative arbors and shade structures are highly
encouraged and can be found throughout the community,
enriching various areas such as front, side, and rear yards, recreation spaces, paseos, and entries. These arbors can be constructed using wood or metal and are to reflect the
overall theme and character of Carleton Acres, creating a cohesive and visually appealing environment.

I) Garages: Garages should have a variety of placements and setbacks from the street, offering flexibility and visual interest. The garage doors should match the building style.

Attached and detached garages are permitted. Additional parking spaces may be provided within the garage, and the requirement for parking can be satisfied with one covered and one uncovered parking space.

Tandem garage spaces are encouraged for garages with spaces for more than two cars.

Recessed garages are encouraged to reduce the overall visual mass of the garage.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Corner lot garage encourages entrance on one street and garage access on the other street.

Split garage provides a variation in appearance and
deemphasis the garage. A minimum twenty-four foot
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5.4.2 Multi-Family Residential Policies and Standards
A) Building Type Standards: Development Standards for
Product Type 3-R Cluster Single-Family, 4-R Townhouse, 5-R Duplexes and Fourplexes and 6-R Apartment are in Section

5.5. Setbacks along the development perimeter should vary beyond the minimum established by constraints of the site location and building codes. Minimum on-site building
separations vary and are determined by the building code.

B) Walkability: Streets should be carefully designed with a focus on high-quality landscape and hardscape elements, creating an appealing and inviting pedestrian environment.

This not only enhances the attractiveness of the residential areas as desirable places to live but also encourages and promotes a pedestrian-friendly community
C) Identity: A diverse range of architectural product types is encouraged for a distinct and unique residential identity. This emphasis on variety is achieved through careful
consideration of building architecture, siting, scale, massing, and materials, all of which contribute to creating cohesive neighborhoods with individual character and charm.

D) Design and Construction Quality: The architectural, lighting, signage, parking, and construction quality of residential uses should adhere to a high standard, ensuring a visually
appealing and well-maintained living environment.

E) Parking: The parking standards outlined in the Plan prioritize creating attractive, convenient, and well-landscaped parking areas that are properly illuminated. Access to these parking spaces should be provided from one of the residential drives and/or streets. Additionally, all parking areas visible from public streets should be screened, ensuring a visually
pleasing and seamlessly integrated streetscape
a. Product Type 6-R
Parking may be located in the sub-ground. Note that
the ground floor level shall not be more than 6’
above the public sidewalk. Carports or garages may
be constructed in the areas where parking is
permitted. Where garage doors are provided the
style is to compliment the architecture. Attached
and detached garages are allowed.

F) Signage and Lighting: Lighting is important for public security and safety. Signage and lighting features should complement the architecture.

G) Screening: Service uses such as trash storage and utility meters should be screened and not visible from the street.

All mechanical equipment should be screened from public view using screening devices consistent with the adjacent architecture. Individual roll-out cans should be screened and not visible from the street to maintain a clean and appealing streetscape. If trash enclosures are necessary, they should be constructed of solid masonry materials. The minimum wall height is 6’. To enhance their aesthetics, trash enclosures should feature decorative heavy metal gates, and those
visible from residences above will have trellis screening overhead, maintaining the community's visual appeal and coherence.

H) Design Concept: Provide a diverse range of architectural styles throughout the community, regardless of block
lengths. The focus is on ensuring that buildings front towards the street or greenspaces (See Figures 5.G and 5.H),
contributing to a cohesive and welcoming streetscape.

Building elevations facing public view areas are designed with significant one-story elements, including entries where 563
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 appropriate, enhancing the overall aesthetic appeal. A
minimum of 5 to 8 feet of landscape space should be
provided between any drive or sidewalk and the adjacent building wall, ensuring a pleasant and visually appealing pedestrian environment. For residential blocks with attached units, a paseo, at least 10 feet wide, should be provided approximately every 300 feet to allow pedestrian access from the front to the rear property lines. The inclusion of porches is encouraged, with a minimum depth of 6 feet,
measured at the walking surface, adding charm and
character to the homes. These porches are permitted to
encroach within the setbacks. See Product Type
Development Standards.

I) Landscape: Enhance architecture with complementary
landscape, encouraging the incorporation of decorative
arbors and shade structures throughout the community.

These features can be found in various locations, such as front, side, and rear yards, recreation areas, paseos, and entries, adding visual interest and charm to the
surroundings. Arbors may be constructed using wood or
metal and should reflect the overall theme and character of Carleton Acres, contributing to a harmonious and
aesthetically pleasing environment. In front yards, low fences or walls with a maximum height of 36 inches may be used, constructed a minimum of 18 inches behind the public
sidewalk.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 5.G
3-R Single-Family Medium Density Conceptual Street
Figure 5.H
3-R Single-Family Medium Density Conceptual
Rear Garage

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5.5 RESIDENTIAL PRODUCT TYPE DEVELOPMENT STANDARDS

5.5.1 Introduction
The Master Plan incorporates Standards and Guidelines related to residential product types. A product type is a basic residential building configuration to which specific regulations can be applied.

5.5.2 Product Type Development Standards
The Master Plan defines six product types, summarized with their variations. These Product Types encompass all of the types of residential development permitted within Carleton Acres. The Product Types represent a range of densities from single-family detached units to apartments.

Residential Product Types
1-R Large Lot Single-Family (R-1-5)
Notes: Single-Family, Detached, Street Parking Access
2-R Small Lot Single-Family (R-1-5)
Notes: Single-Family, Detached, Street Parking Access
3-R Cluster Single-Family (R-M-2 and R-M-3)
Notes: Single-Family, Detached, Street/Side or Rear Drive Parking Access
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 4-R Townhouses (R-M-2 and R-M-3)
Notes: Two or more units Attached, Condo or Rental, Street/Side or Rear Drive Parking Access
5-R Duplexes and Four-Plex’s (R-M-2 and R-M-3)
Notes: Two or more units Attached, Condo or Rental, Street/Side or Rear Drive Parking Access
6-R Apartment Buildings (R-M-3)
Notes: Two or more units Attached, Condo or Rental, Side or Rear Drive Parking Access
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Land Use
Zoning R-1-5
Land Use Designation Single-Family Residential
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Lot Size 5,000 SF minimum
Lot Width
60' minimum interior, 65' minimum
corner
Building Height 35' maximum
Lot Frontage Lots front the public street
Setbacks (Minimum)
Front 15' Living Space
22’ Garage or Parking Facilities
On cul-de-sac and knuckle lots with a
front line of which all or a portion is
curvilinear, the front yard setback
shall be no less than 15’ for living
space and 20’ for garages.

Side 5'
10' Street side on corner lot side yard
and 22’ for garages.

Rear 20' *
*Exception to rear setback to allow 7’
rear setback if single story, over 1,500
SF of useable open space in the rear,
minimum lot depth of 112’ and allow
space for accessory dwelling.

Parking
2 enclosed spaces minimum for each
dwelling unit
Wall and Fence Section 6.8.4
Landscape Section 6.8
Lighting Section 5.4.7, 6.10

5.5.2.1 1-R Large Lot Single-Family (R-1-5) Development Standards Notes: Single-Family, Detached, Street Parking Access
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Zoning R-1-5
Land Use Designation Single-Family Residential
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Lot Size 5,000 SF minimum
Lot Width 50' minimum interior, 55' minimum
corner
Building Height 35' maximum
Lot Frontage Lots front the public street
Setbacks (Minimum)
Front 15' Living Space
22’ Garage or Parking Facilities
On cul-de-sac and knuckle lots with a
front line of which all or a portion is
curvilinear, the front yard setback
shall be no less than 15’ for living
space and 20’ for garages.

Side 5'
10' Street side on corner lot side yard
and 22’ for garages.

Rear 10'
Open Space
12% minimum of site area to be open
space in the rear including setbacks
Parking
2 enclosed spaces minimum for each
dwelling unit
Wall and Fence Section 6.8.4
Landscape Section 6.8
Lighting Section 5.4.7, 6.10

5.5.2.2 2-R Small Lot Single-Family (R-1-5) Development Standards Notes: Single-Family, Detached, Street Parking Access
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Land Use
Zoning R-M-2 and R-M-3
Land Use Designation Multi-Family Residential
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Lot Size (Total Site) 2,000 SF minimum site area per dwelling unit Building Height 35' max. or three stores whichever is taller.

Where R-M-2 site adjoins an R-1 site, the
second stories shall be designed to limit
visibility from the second and third story to the
R-1 site.

Lot Frontage
Lots front the public street or greenspace and
shall be served by a residential drive at the
sides and/or rear.

Buildings can be on individual lots or combined
onto a single lot.

Setbacks (Minimum)
Front 15' Living Space
22’ Garage or Parking Facilities
Side 5'
10' Street side on corner lot, 10' access to
more than one dwelling unit and 22’ for
garages.

Rear 10' *
15' on a corner lot or 10' on the long side of
lot.

Exception if the rear yard is to be used for
parking.

Exception if open space is provided else
where.
* Planned Unit Development with individual
lots allow 0’ setbacks, overall development
shall follow the above setback requirements.

Private Yards
Each building shall have a private yard. The yard
should be 200 SF minimum. One side having a
minimum 7' wide dimension.

Permitted
Encroachments
Porches (roofed and open on 3 sides:
6' maximum
Courtyards (low fenced or walled area) :
10' maximum
Common Open Space
5% minimum of the site for residents. The
calculated space shall not include setback areas
adjacent to the street. Shared open space could
include parks, playgrounds, sports courts,
swimming pools, gardens and coved patios or
gazebos open on at least 3 sides. The
calculated space shall not include enclosed
meeting or community rooms.

Parking

1.5 parking spaces per dwelling unit. On-site
visitor parking or parking behind garages is
encouraged.

Wall and Fence Section 6.8.4
Landscape Section 6.8
Lighting 5.4.7, 6.10

5.5.2.3 3-R Cluster Lot Single-Family (R-M-2 and R-M-3) Development Standards
Notes: Single-Family,
Detached, Street/Side or Rear
Drive Parking Access
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Land Use
Zoning R-M-2 and R-M-3
Land Use Designation Multi-Family Residential
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Lot Size (Total Site) 2,000 SF minimum site area per dwelling unit Building Height 35' max. or three stores whichever is taller.

Where R-M-2 site adjoins an R-1 site, the second
stories shall be designed to limit visibility from
the second and third story to the R-1 site.

Lot Frontage
Lots front the public street or greenspace and
shall be served by a residential drive at the sides
and/or rear.

Setbacks (Minimum)
Front 15'
22’ Garage or Parking Facilities
Side 5' (0' for attached units)
10' Street side on corner lot, 10' access to more
than one dwelling unit and 22’ for garages.

Rear 25' *
25' on a corner lot or 20' on the long side of lot.

Exception if the rear yard is to be used for
parking.

Exception if open space is provided else where.
* Planned Unit Development with individual lots
allow 0’ setbacks, overall development to follow
the above setback requirements.

Parking

1.5 parking spaces per dwelling unit. On-site
visitor parking or parking behind garages is
encouraged.

Wall and Fence Section 6.8.4
Landscape Section 6.8
Lighting Section 5.4.7, 6.10

5.5.2.4 4-R Townhouses (R-M-2 and R-M-3) Development
Standards
Notes: Two or more units
Attached, Condo or Rental,
Street/Side or Rear Drive
Parking Access
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Land Use
Zoning R-M-2 and R-M-3
Land Use Designation Multi-Family Residential
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Lot Size (Total Site) R-M-2 2,000 SF minimum site area per dwelling unit
R-M-3 1,200 SF minimum site area per dwelling
unit
Building Height 35' max. or three stores whichever is taller.

Where R-M-2 or R-M-3 site adjoins an R-1 site,
the second stories shall be designed to limit
visibility from the second and third story to the
R-1 site.

Lot Frontage
Lots front the public street or greenspace and
shall be served by a residential drive at the front
and/or sides and/or rear.

Setbacks (Minimum)
Front 15'
22’ Garage or Parking Facilities
Side 5' (0' for attached units)
10' Street side on corner lot, 10' access to more
than one dwelling unit and 22’ for garages.

Rear 15' R-M-3 and 25' R-M-2 *
25' on a corner lot or 20' on the long side of lot.

Exception if the rear yard is to be used for
parking.

Exception if open space is provided else where.
* Planned Unit Development with individual lots
allow 0’ setbacks, overall development to follow
the above setback requirements.

Private Yards
Each building shall have a private yard. The yard
shall be 200 SF minimum. One side having a
minimum 7' wide dimension.

Parking

1.5 parking spaces per dwelling unit. On-site
visitor parking or parking behind garages is
encouraged.

Wall and Fence Section 6.8.4
Landscape Section 6.8
Lighting Section 5.4.7, 6.10

5.5.2.5 5-R Duplexes and Four-Plex’s (R-M-2 and R-M-3)
Development Standards
Notes: Two or more units
Attached, Condo or Rental,
Street/Side or Rear Drive Parking
Access
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Land Use
Zoning R-M-3
Land Use Designation Multi-Family Residential
Permitted Uses Section 3.5
Conditioned Uses Section 3.5
Lot Size (Total Site) 1,200 SF minimum site area per dwelling unit Building Height Four stores maximum
Where R-M-3 site adjoins an R-1 site, the second
stories shall be designed to limit visibility from
the second and third story to the R-1 site.

Lot Frontage
Lots front the public street shall be
interconnected with other lots within the block
by common drives. Such common drives or
private streets, shall be designed as a continuous
route.

Setbacks (Minimum)
Front 15'
22’ Garage or Parking Facilities
Side 5' (0' for attached units)
10' Street side on corner lot, 10' access to more
than one dwelling unit and 22’ for garages.

Rear 15' *
Exception if the rear yard is to be used for
parking.

Exception if open space is provided else where.
* Planned Unit Development with individual lots
allow 0’ setbacks, overall development to follow
the above setback requirements.

Parking 1.5 parking spaces per dwelling unit that includes on-site visitor parking.

Wall and Fence Section 6.8.4
Landscape Section 6.8
Lighting Section 5.4.7, 6.10

5.5.2.6 6-R Apartments – Multi-Family (R-M-3) Development Standards
Notes: Two or more
units Attached, Condo
or Rental, Side or Rear
Drive Parking Access
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5.5.3 Model Good Neighbor Policies
The City of Visalia requires an operational management plan for R-M zones. The City shall approve the plan for long term maintenance and management of the development. (View the City code section referencing the Model Good Neighbor Policies).

The plan shall include but not be limited to the following:
 Maintenance of landscaping.
 Maintenance of private drive and open space parking.
 Maintenance of fences, on-site lighting and other
improvements not along the public street frontages.
 Buildings and premises shall be kept in good repair and free of junk and debris.
 Establish and maintain a regular program of routine property maintenance.
 Provide a tenant agreement form. All tenants shall read and receive a copy of the Tenant Agreement.
 Enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property.
 Enforcing all provisions of the Model Good Neighbor Polices as specified by Resolution of the Planning Commission.

Before issuance of a building permit for the project the plan shall be submitted, approved by the Planning Director and recorded with the Tulare County Recorder.

5.6 RESIDENTIAL ARCHITECTURAL DESIGN GUIDELINES

5.6.1 Introduction
The following residential architectural design guidelines provide those design criteria necessary to assure that all residential design is consistent with Carleton Acres’ goals for neighborhood character as defined in this Section.

5.6.2 General Residential Standards
These Standards apply to all Residential Product Types and architectural styles. They are not meant to be restrictive but rather to assist in the design for a higher-level quality in architectural and community design.
a) The standards are based on the following for good
neighborhood design:
a. Entrance directed to street or greenspace if possible b. Varied garage placement
c. Variable lot setbacks
d. Varied roof pitches
e. Variety of architectural styles
f. Wrap around architecture
b) The architectural styles should be appropriate in massing, scale, and details for the architectural character.
c) Design elements to be avoided are continuous flat blank walls when exposed to public view and harsh contrasts of materials and colors.
d) Sides and rears of residential garage structures exposed to public view should receive the same level of architectural enhancement as the fronts of the residential structure. 574
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5.6.3 Residential Architectural Guidelines
Purpose
The purpose of the residential architectural design guidelines is to provide design criteria and direction for the development of various product types. The styles and quality of architectural design are described in the following sections.

Desired Design Characteristics
The architectural style should be incorporated into the site plan, landscape and floor plan.

Design Characteristics to Avoid
a) Inappropriate mass, scale and proportion.
b) Extreme architectural style.
c) Continuous flat blank walls when exposed to public view. d) Harsh contrast of materials and colors.

Design Guidelines
The following guidelines should be used for a desired result and to assist the Builder/Developer in providing architectural design appropriate for Carleton Acres.

1. Architectural authenticity:
a. Develop floor plans and massing solutions that will
be authentic to the architectural style.
b. Architectural detail should be as authentic as
possible.

2. Architectural forward: Provide a mix of floor plans that includes pushing garages back and bringing the living spaces forward.

3. Varied garage placement: Encourage floor plan design that minimizes the impact of the garage on home and street.

4. Variety of architectural styles: Provide a variety of architectural styles that are historically based in the Central Valley region.

5. Varied roof heights and roof pitches. Varied hip and gable forms.

6. Varied front yard setbacks: Encourage variations in front yard setbacks to avoid monotony.

7. Wrap around architecture: Provide architectural
enhancement of side and rear elevations exposed to public view.

8. Single- and two-story homes and elements: Create a sense of variety within a street scene with varying heights and profiles. Single story homes are encouraged to be located at street corners.

9. Rear and side architectural treatment: Provide the same architectural treatment as the front when the rear or side is exposed to public view.

10. Color palettes: Define a selection of style-specific colors for architectural styles.

11. Authentic or natural-looking building materials are encouraged. These include wood, brick, smooth plaster,
stone, and roof tile as listed in the following standards for each style.
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5.6.3.1 Standards for Architectural Styles
These standards govern the stylistic aspects of the design of residential buildings and site elements within the Master Plan Area.

They address all major residential elements that are visible from public streets and/or open spaces.

5.6.3.2 Allowable Styles
The allowable styles and variations of the styles are:

Craftsman
Monterey
Spanish Colonial Revival
American Heritage
Ranch
Modern

5.6.3.3 Architectural Standards for Each Style
The following section includes standards specific to each of the allowable styles. The photographs and text provided on the following pages represent the elements of each architectural style to be incorporated in Carleton Acres’ residential architecture. The photos represent concepts. Designs are subject to future refinement based upon the economy, marketing and engineering details.
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History
The Craftsman style is charming with custom details. Influenced by the Arts and Crafts movement, The American style emerged between 1900 and 1929. The style is a simpler form of the ornate Victorian architecture at the end of the 19th century.

Design Characteristics
 Deep overhangs.
 Exposed rafter tails.
 Low-pitched, gabled, or hipped roof.
 Covered front porch.
 Flat tile roofs.
 Faux wood siding: horizontal, vertical, or shingle.
 Stucco.
 Stone or brick base.
 Garage door patterns complementary to style.

Additional Style Elements
 Porch columns with stone base.
 Tapered columns.
 Grid pattern windows.

Historic Design
Current Adaptation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Monterey
History
The Spanish style is a combination of Spanish Colonial adobe construction methods with New England colonial house. Built in the 1800’s throughout California with two stores. The single story became very popular during the 1930’s.

Design Characteristics
 Simple building form.
 Symmetrical or asymmetrical building masses.
 Shutters, balconies and verandas.
 Barrel or “S” tile roofs.
 Shallow or medium roof pitch featuring gables or hips, often with exposed rafter tails.
 Fine sand to California Monterey stucco finish.
 White vinyl wrap aluminum windows are allowable.
 Round tile attic vents.
 Garage door patterns complementary to style.

Additional Style Elements
 Simplified colonial style window and door trim.

Historic Design
Current Adaptation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Spanish Colonial Revival
History
The style became popular during the early 1900’s. Courtyard designs with shade and flowering gardens were a welcoming entrance. Key features of this style are adapted throughout California. The charm of the style is within its directness and contrast of materials and textures.

Design Characteristics
 Simple box plan form.
 Barrel or “S” tile roofs.
 Shallow or medium roof pitch featuring gables or hips.  Fine sand to California Monterey stucco finish.
 White vinyl wrap aluminum windows are allowable.
 Round tile attic vents.
 Garage door patterns complementary to style.
 Simplified colonial style window and door trim.

Additional Style Elements
 Ornamental ironwork.
 Wood looking sash windows at front elevation.
 Deep, recessed windows at front elevation.

Historic Design
Current Adaptation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 American Heritage
History
The American Heritage represents a practical and quaint country house. As American Frontier moved westward the style evolved depending on the available materials. The asymmetrical causal farmhouse look with a more detailed appearance is typical of Midwest American Heritage.

Design Characteristics
 Large front porches with wood railings.
 Horizontal or vertical siding blended with stucco finish.  Wood shingle appearance roofs.
 Medium or steep roof pitch with gables.
 Simple paned windows.
 Garage door patterns complementary to style.

Additional Style Elements
 Dormers and symmetrical elevations.
 Simple wood railings.
 Shutters
 Architectural grade asphalt shingle.

Historic Design
Current Adaptation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Ranch Heritage
History
The Ranch Heritage represents a practical and charming rural country house. As American Frontier moved westward the style evolved depending on the available materials.

Design Characteristics
 One and two story “L”, “U” or rectangular plan forms.  Front porch and porte cochere are common features.
 Main hip or gable roof, possible secondary shed roofs over one story element.
 Barrel, S-shaped or flat concrete roof tile with 18” overhangs.  Medium roof pitch.
 Fine to medium stucco finish with large areas of stone veneer usually the full wall height.
 Minimum 6” wide stucco over window and door trim at front elevations.
 Garage door patterns complementary to style.

Additional Style Elements
 Thick, oversize arches without trim.
 Shutters
 Tower forms.
 Earth color palette-beige, tan, yellow.
 Possible ornamental iron details
Historic Design
Current Adaptation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Modern
History
The Modern house style, prevalent from the early 20th century to the mid-1950s, emerged as a response to the ornate Victorian design of the late 19th century. The style is characterized by minimalist architectural elements, oversized windows, and unconventional flat roofs.

Design Characteristics
 Simple rectangular plan forms.
 Hip or flat roof
 Medium roof pitch with concrete roof tiles.
 Fine to medium stucco finish.
 Simple facades with no decorations.
 Emphasis on entrance door contemporary design.
 Garage door patterns complementary to style.

Additional Style Elements
 Large windows
Historic Design
Current Adaptation
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The landscape design for Carleton Acres takes
inspiration from its rich agricultural background to create a unique and meaningful environment for the new community. The design aims to pay homage to the land's farming heritage while incorporating elements that reflect the region's agricultural legacy.To evoke the memory of cotton fields, the landscape will feature white trailing roses and other white flowering plants. These white blooms symbolize the cotton bolls, creating a beautiful and nostalgic connection to the land's agricultural past.Incorporating a variety of grasses in the landscape design represents the grain row crops. These grasses not only add visual interest but also evoke the sense of expansive grain fields that were a prominent feature of the area's agricultural landscape.Vines will be used strategically on walls and trellises throughout Carleton Acres. These vines serve as a reminder of the vineyards farmed on the property and contribute to the overall aesthetic, adding a touch of rustic charm and natural beauty.By incorporating these elements into the landscape design, Carleton Acres will foster a deep connection to its agricultural roots while creating a visually appealing and harmonious environment. The design will not only be aesthetically pleasing but also serve as a unique way to honor the land's history and the legacy of Carleton Shannon's farming passion.

Landscape

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Section 6 Landscape

6.1 INTRODUCTION
The Specific Plan of Carleton Acres outlines comprehensive design standards for all open spaces, encompassing streets, the Modoc Greenway, bike and pedestrian trails, parks, and landscaped areas.

These standards serve as guidelines for the detailed design of public open spaces within the community, describing landscape design principles and requirements. More detailed landscape and irrigation plans will be subjected to review by the Architectural Board and City Agencies to ensure they align with the design character and standards established in this Specific Plan.

The open space area design holds significant importance in shaping the identity of Carleton Acres, as these public spaces play a crucial role in defining the overall theme of the entire community. The street open spaces, in particular, act as vital connections within the community, promoting pedestrian use and encouraging a sense of community interaction and engagement. The meticulous planning and thoughtful design of these open spaces contribute to the cohesive and attractive ambiance of Carleton Acres, enhancing its appeal as a desirable place to live and thrive.

Design principles and standards are discussed first in this section.

Design concepts will be refined as details of the street engineering develop. The basic landscape quality should be applied. Final detailed designs should be reviewed and approved per Section 8.

6.2 DESIGN PRINCIPLES
Below are the design principles that all landscape design should follow:
 Establish a sense of place: In Carleton Acres, the
establishment of a distinct sense of place is a priority, with the public streets being the key open space areas for
conveying the community's identity and theme. The
thoughtful design of these public spaces aims to create a recognizable and cohesive character unique to Carleton
Acres, ensuring that residents and visitors alike recognize and appreciate the community's distinctiveness and thoughtful planning.
 Provide a diverse range of open spaces: Open Spaces and Parks are to be designed to encompass the essential
recreational needs of both the community and individual neighborhoods. These areas play a crucial role in enhancing the overall identity of Carleton Acres and are to be carefully planned to offer a diverse range of recreational
opportunities, catering to both passive and active activities, and creating an inviting and enjoyable environment for all residents and visitors.
 Provide plants and landscaping design that is sustainable:

The planting of low water use, drought-tolerant, and/or native plants indigenous to the Central Valley is actively encouraged to promote water conservation and
environmentally sustainable landscaping practices.
 Landscape design should incorporate theme plantings such as white trailing roses to symbolize cotton, vines to represent vineyards, and grasses to evoke the image of grain row crops, 584
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community.
 Neighborhood Identity: Carleton Acres embraces the
concept of distinct neighborhood designs, allowing each area to showcase its own unique characteristics and identity. As a result, the landscape design of each neighborhood can be tailored to reflect its individuality.
 Water storage/storm basin incorporated into open space:

The facilities of Carleton Acres’ stormwater management should be designed as open space use for the community.  Provide landscape buffers: The landscape buffer and
transitions along the boundaries of Carleton Acres create a clear and distinct sense of place for the community,
enhancing its visual appeal and contributing to a cohesive and well-defined environment.

6.3 STREET PLAN

6.3.1 Introduction
This section discusses the possible type of landscape treatment for each of Carleton Acres’ streets, pedestrian paths and bicycle circulation.

6.3.2 Arterial Streets

6.3.2.1 West Riggin Avenue
West Riggin Avenue is Carleton Acres’ primary east-west arterial. The type of trees suggested are Valley Oak, Crape Myrtle (white), and/or Chinese Pistache. Fruitless olive trees or similar at entrances into Carleton Acres and commercial. Plantings along streets to include grass & white flowers. Block walls adjacent to residential should have vine plants to soften the wall.

6.3.2.2 North Akers Street
North Akers Street is Carleton Acres’ secondary north-south arterial.

The type of trees suggested are Valley Oak, Crape Myrtle (white), and/or Chinese Pistache. Fruitless olive trees or similar at entrances into Carleton Acres and commercial. Plantings along streets to include grass & white flowers. Block walls adjacent to residential should have vine plants to soften the wall. See Figures 6.K to 6.N for landscape planting types along Modoc.

6.3.2.3 North Shirk Road
North Shirk Road is Carleton Acres’ primary north-south arterial. The type of trees suggested are Valley Oak, Crape Myrtle (white), and/or Chinese Pistache. Fruitless olive trees or similar at entrances into Carleton Acres and commercial. Plantings along streets to include grass & white flowers. Block walls adjacent to residential should have vine plants to soften the wall.

6.3.2.4 Avenue 320
Avenue 320 is Carleton Acres’ secondary east-west arterial. The type of trees suggested are Valley Oak, Crape Myrtle (white), and/or Chinese Pistache. Fruitless olive trees or similar at entrances into Carleton Acres and commercial. Plantings along streets to include grass & white flowers. Block walls adjacent to residential should have vine plants to soften the wall.
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6.3.3 Two Lane Collector Streets

6.3.3.1 Shannon Parkway
Shannon Parkway should have a strong sense of place. The Modoc Greenway runs along the entire width of the Site, North of the street.

The southeast portion of the parkway includes the existing middle school and planned high school. The proposed landscape treatment includes canopy trees spaced at 50 feet on center. The trees should provide a strong distinctness of the street edge and a clear separation of pedestrians from vehicular traffic. Trees should be planted in both parkways and in the proposed median. The canopy should create a shaded pedestrian path. Large shrubs should be used within the median to discourage pedestrians and students from crossing other than at designated crosswalks. See Figures 6.K to 6.N for landscape planting types.

6.3.3.2 North Roeben Street
North Roeben Street at the center of the Site will be a main street for the residents coming from the south going towards the north. A similar plant choice as Shannon Parkway can give a strong identity for the community. The intersection of N. Roeben St. and Shannon Parkway should be carefully designed as well as the intersection of N.

Roeben St. and W. Riggin Ave. The proposed landscape treatment includes canopy trees spaced at 50 feet on center. The trees should define the street edge and separate pedestrians from vehicular traffic. Trees should be planted in both parkways and in the proposed median. The canopy should create a shaded pedestrian path. The median should be planted with large shrubs to discourage crossings other than at crosswalks. See Figures 6.K to 6.N for landscape planting types.

6.3.4 Local Streets
Parkway landscape per City Standards is 5 feet along the street with a 5-foot-wide sidewalk.

Trees should be spaced approximately 40 feet on center depending on the location of driveways. They should be scaled with the streetlights. Regularly spaced trees with one species per street selected from the plant list is highly encouraged. See Figures 6.K.

6.3.5 Commercial Drive Aisles
Along commercial storefronts sidewalks should range in width from 8 to 20 feet. Street trees should be planted in a minimum 8 feet square planters. Tree grates, flush with pavement, may be used for maximum sidewalk area. Canopy trees should be used throughout the drives spaced 40 to 50 feet on center. Special paving should be utilized at the main entrances of commercial uses and at crosswalk crossings to create visually appealing and distinct areas. The landscape design should be carefully curated to complement the commercial architecture, incorporating elements like trellised outdoor areas. Furthermore, the pedestrian's comfort and scale will be prioritized in the design process, ensuring a welcoming and pleasant environment for pedestrians throughout the community.

6.3.6 Residential Block Entrances
In Carleton Acres, each neighborhood block entrance should be thoughtfully designed to be unique yet cohesive with the overall identity and theme of the community. The landscape design should be carefully planned to highlight and accentuate these entrances, creating a welcoming and distinctive sense of arrival. Special paving should be utilized to mark the entry points into the neighborhoods, 586
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 and where applicable, medians may be incorporated to separate traffic entering and exiting the area, with coordinated landscape elements enhancing the overall aesthetics.

Figure 6.A
Residential Conceptual Entrance

6.4 PARK DESIGN PLAN

6.4.1 Introduction
The design concept for Modoc Greenway, parks, and open
landscaped areas is outlined in this section of the plan. Detailed designs will be developed for each open space, encompassing both active and passive recreational elements. With recreational opportunities including a bike trail along Modoc Greenway and several proposed parks integrated within residential communities, Carleton Acres is thoughtfully planned to offer a diverse range of recreational experiences for its residents and visitors.

6.4.2 Design Concepts

6.4.2.1 Modoc Greenway
Modoc Ditch is an existing site feature that begins at two points along the east property line. The first is on the east side of the Ridgeview Middle school and then travels north to the center of the project. The second is from the southwest corner of Ave 320 and N. Akers Street that travels down along the east property line to the center of the project (Shannon Parkway). The two ditches join at this point then continue west to N. Shirk Street.

The existing Modoc Ditch will become an amenity to residents within Carleton Acres and beyond known as Modoc Greenway. The Modoc Greenway will have a linear bike and walking trail along the north side of Shannon Parkway and the West side of N. Akers St. A bioswale will run parallel with the trail providing added landscape features. See Figure 6.C. Tree clusters will provide shade for the users. The trail will serve as a vital connector, linking residential areas to the school sites and creating seamless accessibility throughout the entire Carleton Acres development. Refer to Figure 3.B.

6.4.2.2 Parks
The parks within residential neighborhoods of Carleton Acres are designed to range from 0.8 to 1 acre in size, providing ample recreational space for residents. Each park should be equipped with essential amenities, including an open grass area, playground, picnic spots, barbeque grills, seating, and drinking fountains, ensuring a welcoming and enjoyable environment for all. To enhance yearround usability, shade trees are thoughtfully incorporated, offering relief from the sun and creating inviting spaces for community gatherings. The landscaping of these parks prioritizes environmental 587
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 sustainability, with a focus on low water use, drought-tolerant, and/or native plant species, contributing to water conservation efforts. Additionally, the strategic placement and design of these parks aim to encourage community interaction and socialization, creating a strong sense of community and connection among the residents of Carleton Acres.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.B
Park Conceptual Designs
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

6.5 EDGES AND BUFFERS STANDARDS

6.5.1 Introduction
Carleton Acres will be carefully planned to maintain a clearly defined edge and buffer, ensuring a distinct boundary for the community while also demonstrating respect for the neighboring adjacent communities. The thoughtful design and implementation of these features will contribute to a harmonious and well-integrated development within the broader context of the surrounding area.

6.5.2 Design Concept

6.5.2.1 W.Riggin Ave., N. Shirk Rd., Ave 320, N. Akers St., Shannon Parkway and N. Roeben St.

The Carleton Acres Specific Plan incorporates continuously landscaped corridors along four boundaries and major streets within the community to enhance the overall environment. These buffers serve multiple purposes, including creating a sense of privacy, establishing neighborhood boundaries, facilitating smooth transitions between different land uses, and mitigating noise. Along the streets, a parkway and sidewalk will be accompanied by a maximum 7-foot-tall 4-inch block wall, which will be softened with landscaping and/or vines to add aesthetic appeal and promote a welcoming streetscape.

6.5.2.2 Commercial Use
To ensure the privacy and noise reduction for residential areas, a buffer should be established between commercial and residential uses in Carleton Acres. This buffer will consist of a 7-foot-tall 4-inch block wall on the commercial side, complemented by landscaping.

This thoughtful design approach will create a visual and acoustic barrier, enhancing the living experience of residents and maintaining a harmonious coexistence between commercial and residential zones within the community.

6.5.2.3 Modoc Greenway
The Modoc Greenway will serve as a valuable buffer along Shannon Parkway, benefiting both multi-family and single-family residential residents in Carleton Acres. The inclusion of a riparian edge along the bioswales will attract diverse wildlife species, enhancing the natural appeal of the area. To promote environmental conservation, a mix of native trees, including Valley Oak, Interior Oak, Sycamore, and Mexican Redbud, should be planted along the bioswales, while native shrubs like Mexican Sage bush, Dwarf Coyote Brush, and California Manzanitas are planned to line the bicycle/walking path. The native landscaping and wildlife attracted by the Modoc Greenway will have positive impacts on the entire north Visalia community, adding to the overall ecological richness of Carleton Acres.

See Figures 6.K to 6.N for Preferred Tree, Plant, Shrub, Grass Selections.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.C
Modoc Greenway Conceptual Designs

6.6 WATER STORAGE/RECHARGE BASIN PLAN
The Landscape Master Plan for Carleton Acres includes thoughtful landscaping to visually enhance the edges of the proposed basins, elevating their aesthetics and overall appeal. To ensure safety and proper maintenance, access to the basins should be restricted with appropriate fencing. The edge landscaping is planned to feature low water use, drought-tolerant, and/or native plants, contributing to water conservation and environmental sustainability. Additionally, the trail on the western portion of the basin will be thoughtfully designed in coordination with the proposed basin, providing residents with an enjoyable pathway.

6.7 OTHER OPEN SPACES

6.7.1 Community Sports
The Carleton Acres Open Space Plan aims to collaborate with the school district to establish an agreement that allows community access to school play fields outside of school hours. This arrangement will provide opportunities for various programs and activities, such as sports events that may utilize baseball, football, or soccer fields, fostering a sense of community engagement and encouraging active recreational opportunities for residents beyond regular school hours.

6.7.2 Pedestrian and Bicycle Circulation
The pedestrian and bicycle circulation within Carleton Acres plays a crucial role in connecting various components of the community.

Some streets in the project incorporate a dedicated bike lane adjacent to the curb. Many streets incorporate a dedicated bike path adjacent to the sidewalk for safety from traffic for pedestrians and bicyclists. Sidewalks are positioned on both sides of streets, facilitating safe access throughout the entire community. Moreover, 591
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 the Modoc Greenway will offer a pedestrian and bicycle path along the bioswales, further promoting active transportation options and enhancing the overall connectivity and accessibility within Carleton Acres. See Figure 2.D and 3.B.

6.8 SITE LANDSCAPE STANDARDS
This section defines the basic character and design standards for all open spaces in Carleton Acres. The improvements by
Developers/Builders shall apply the standards to their designs.

6.8.1 Site Landscape Standards
 Each landscape and open space within Carleton Acres should incorporate a unifying theme, contributing to a cohesive and harmonious community design.
 Trees should serve the dual purpose of providing shade to protect from the sun and defining the outdoor spaces within the community.
 Landscape elements at the edges and buffer areas to
enhance the project's visual appeal and create a sense of privacy. Landscaping should play a significant role in defining smooth transitions between adjacent land uses, ensuring a harmonious coexistence within the community.
 The landscaping of open spaces should enhance the
architecture and contribute to the overall aesthetic and appeal of the development.
 Arbors, trellises, and other elements may be incorporated to enrich the pedestrian experience and add to the overall ambiance of the community.
 Off-street parking along streets should be screened with trees and shrubs.
 The placement of trees and plants should not interfere with lighting, fire hydrants or fire alarm boxes.

6.8.2 Off-Street Parking
The City of Visalia’s Zoning Ordinance shall be used to determine required parking for each Commercial use. The following standards apply to landscaping of off-street parking at Commercial uses.  Shade trees should be distributed throughout the parking area.
 A minimum of 10% of the parking lot with more than 20 parking spaces should be landscaped and maintained. No
more than ten consecutive parking stalls should be allowed without an approved landscape tree well of eighty square feet or more.
 A minimum 5-foot landscape strip should be provided
outside the public right of way along the street frontage perimeter of all proposed parking.
 Parking areas along the public streets or when across from residential property should be screened. A suggestion is a low, evergreen shrub at least 36” in height at two-year growth or a 3-foot tall solid wall.
 No parking should be provided in a required front/rear/side yard. Exception is drive aisles within multi-family density with a min. of 5’ landscape buffer at rear yard.
 All parking lots should be designed to provide a tree canopy to provide shade in the hot seasons and sunlight in the winter months.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 The following standards apply to landscaping of off-street parking at Multi-Family Residential Uses.
 Front carport area should have a 3 to 6-foot tall screening wall.

6.8.3 Service/Loading Area and Trash Enclosures
 Loading and service areas with landscape or architectural elements such as walls should be screened. These areas
should be concealed from the public streets, sidewalks and adjacent buildings.
 Prohibit off-site vehicle loading, design for multiple truck access points.
 Utility and communication equipment should be screened.  Any storage areas should be screened with similar materials as the building and shall complement the design.
 Trash enclosures with solid gates should be screened.  Shopping cart storage areas should be provided.

6.8.4 Wall and Fence Standards
 Use walls and fences for security, visual screening and aesthetic purposes. Water Storage/Recharge Basin should be fenced and only allow access for maintenance purposes.  Walls and fences should be coherent with the architecture of adjacent building.
 Use landscaping to vary walls. Walls should be covered with vine to discourage graffiti and enhance the appearance of fence and/or wall.
 Walls located along arterial or collector streets adjacent to single family residential should be masonry not exceeding 7 feet 4 inches in height.

Figure 6.D
Wall Detail
 Walls located along arterial or collector streets adjacent to multi-family residential should be masonry or wrought iron not exceeding 7 feet 4 inches in height. A pedestrian access should be required if a transit stop is located within ¼ mile.  When commercial use is adjacent to residential a masonry wall not less than 7 feet 4 inches should be required.
 Walls and fences for residential at the front setback should be maximum of 3 feet tall and complement the architecture. 593
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

6.8.5 Paving Design Standards
These standards should be provided for pedestrian pavements on private property that include sidewalks, paths, walkways and plazas.  Slip free surface texture.
 Maintenance-free and/or low maintenance.
 Stain-resistant, fade resistant, non-reflective.

Acceptable paving materials:
 Concrete: Broom, salt, or heavy sandblasted.
 Colored concrete.
 Stamped and saw-cut.

6.8.6 Plant Material and Planting Design
 Provide simple and bold landscape planting designs that incorporate low water and/or drought-tolerant plants that can be maintained easily.
 Landscaping along public streets should blend with the developed parcels.
 Street trees an average of 40 to 50-feet on center along frontages should be provided. All street trees to be a
minimum 15-gallon size. Ground cover to be placed 36” on center maximum spacing.
 All landscape areas should be protected with 6-inch concrete curbs.
 Provide a mix of planting material sizes.
 Select plants suitable to the soil and climatic conditions of the site.
 Use low water and/or drought-tolerant plants to minimize water use.
 Space trees and shrubs considering their mature size.  All landscape improvements should meet the requirements of the City of Visalia.
 See Figure 6.K to 6.O for tree and plant selections
recommended for Carleton Acres.

6.8.7 Irrigation Standards
 Provide adequate irrigation while conserving water. Irrigate all permanently landscaped areas with a permanent
underground irrigation system operated by an automatic
irrigation controller.
 In areas where native or drought-tolerant plants are used a drip irrigation system should be installed.
 Apply irrigation in short intervals to reduce runoff to paved areas.
 Ensure irrigation water is not on walks, driveways, walls, fences and buildings.
 Provide approved backflow preventers on all systems.
 Screen irrigation equipment from public view.
 All irrigation installation shall meet the requirements of the City of Visalia.

6.8.8 Landscape Maintenance Standards
 Maintain all landscape areas including trees, shrubs, ground covers and vines.
 Remove damaged, dead or diseased plants and replace with similar in terms of type, size and location.
 Remove overgrown or oversized plants to keep the area safe.  Prepare and provide maintenance specifications on
landscape plans describing the irrigation, pruning, weeding, fertilizer application and other maintenance items for all landscaped areas.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023  All landscape maintenance shall meet the requirements of the City of Visalia.

6.8.9 Street Furniture
Throughout Carleton Acres, a consistent selection of street furniture items, including street lights, mailboxes, benches, trash receptacles, and more, should be used to establish a unified theme that enhances both pedestrian and vehicular circulation, reinforcing the overall design intent of the community and complementing its landscape theme.

6.9 SIGNAGE STANDARDS

6.9.1 Introduction
All signage must be in conformance with the requirements of the City of Visalia. The Developer/Builder must prepare and submit a signage master plan as part of their submittal package for review and approval by the Architectural Design Committee and the City of Visalia. Permanent and temporary signage with Carleton Acres includes:
 Project Identity: Signs which identity groups of commercial or residential. Design will be similar to pole-mounted and monument signs for private commercial and residential
development.
 On-Building: Building identification signs containing names and/or addresses.
 Public Transportation Signage: Possible bench and shelter signs.
 Ground-Mounted Traffic Control: Stops signs, etc.
 Directional/Wayfinding: Signs on pedestrian and/or
vehicular circulations that assist in reaching particular areas within Carleton Acres.
 Temporary and Advertising Signs: Identification,
construction, advertising, etc.
 Street Signs: Should be located per City requirements.

Carleton Acres signs that are decorative in character and which blend with the architectural style are encouraged.  Regulatory Signs: Should incorporate decorative supports in attractive colors, provided they meet City and County
standards for size, location and design.

6.9.2 Signage Design Theme
The incorporation of design elements reminiscent of cotton hauling wagons and cotton gins adds a nostalgic and authentic touch to the overall landscape of Carleton Acres. The wood fencing design, inspired by cotton hauling wagons, brings a rustic and traditional feel to the community. This design choice not only pays tribute to the area's agricultural past but also contributes to the cohesive theme throughout the development.

Drawing inspiration from the appearance of cotton gins, the use of metal siding and large paned windows in certain structures within Carleton Acres adds an industrial and historical touch. This design element gives a nod to the processing and manufacturing of cotton, which played a crucial role in the region's agricultural history.

Using light-colored stone in the landscape design, akin to the color of white cotton, further reinforces the homage to the crop that once flourished in the area. This choice of stone brings a soft and elegant touch to the surroundings, complementing the other design elements and creating a cohesive and harmonious environment. 595
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 By thoughtfully incorporating these design features that draw inspiration from the cotton industry's history, Carleton Acres creates a unique and evocative atmosphere that celebrates the region's agricultural heritage. The landscape and architectural choices intertwine with the community's identity, fostering a sense of pride and appreciation for the land's past while creating a beautiful and inviting place to call home.

6.9.3 General Signage Standards
All signage within Carleton Acres must adhere to a high level of design quality and consistency with the architectural and landscape character of the community. This includes ensuring that signage materials, scale, size, placement, integration with building design, texture, color, and illumination align harmoniously with the overall building and site design, contributing to a cohesive and visually appealing environment.

Traffic control signs in public streets should conform to the City of Visalia Standards.

The Carleton Acres logo and typestyle should be used uniformly on all public area signs.

C – Gabriola
A – Swiss721 Lt Bt
arleton cres – Bell MT
Freestanding Monument Signs are encouraged because of the eyelevel low horizontal information.

6.9.4 Residential Entrance Signs:

Residential entrance signs should continue the theme of Carleton Acres. Conceptual designs are shown in Figure 6.E and 6.F.  Maximum number of two signs per individual residential entrance.
 Entrance signs may be attached to a wall, fence, or project identification feature located at or within 100 feet of the entrance to a development.
 Signs may be externally or internally illuminated.
 Refer to the City of Visalia’s Sign Ordinance for maximum size and height of signs.

Figure 6.E
Residential Entrance Conceptual Plan
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.F
Residential Entrance Conceptual Designs
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

6.9.5 Monumental/Theme Signs:

To create a cohesive community with a common theme, Carleton Acres will feature a minimum of three monumental/theme signs strategically placed at the following possible locations: Riggin and Roeben, Akers and Shannon Parkway, and Shirk and Shannon Parkway intersections. Additionally, Residential Entrance Signs may also be utilized as Theme sign locations, further reinforcing the community's identity and theme. See Figure 6.G for possible locations and Figure 6.H for conceptual designs.
 Signs may be attached to a wall located at or within 100 feet of the intersection.
 Signs may be externally or internally illuminated.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.G
Monumental/Theme Signage
Conceptual Locations
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.H
Monumental/Theme Signage Conceptual Designs
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

6.9.6 Master Sign Program:

Within the City municipal code, a Master Sign Program may be submitted for the design and placement of signs within a project to achieve an overall design and unified appearance. Master Sign Programs may also be used for subdivision projects with a phased development. Minor variations in dimensional standards and other limitations may be approved, to achieve a more superior result. The Sign Program must show:
 Safety of the public is improved by minimizing distractions from sign design and placement.
 The sign design and placement is appropriate for the area.  The sign design and placement is cohesive with the
architecture and landscape.
 The sign design, scale and placement is orientated to pedestrian traffic.

Approval of a Master Sign Program is required by the Planning Commission for residential and commercial projects within Carleton Acres.

The Master Sign Program should include the following:
 Site plan showing the location of signs and/or buildings, parking lots, driveways and landscaped areas.
 A calculation of the maximum total sign area, maximum area for individual signs, height of signs and number of freestanding sign allowed, if proposed.
 Color schemes, lettering and graphic style.
 Lighting and sign construction materials.
 Sign dimensions.
 A written program of standards for all sign types to be distributed to future tenants, including color, size,
illumination, construction detail and sign placement for commercial uses.

Master Sign Programs should demonstrate:
 Signage is in harmony
o Common design elements including materials,
letter style, colors, illumination, type or shape.
o The signage identifies with the building.
o Surrounding land uses and safety is taken into
consideration.
 The proposed signs comply with the City of Visalia’s
Standards except the following:
o Number of signs allowed.
o Location and height of signs.

6.9.7 Commercial Signs
Refer to the City of Visalia’s Sign Ordinance for commercial signs. The Specific Plan does not serve as a Commercial Master Sign Program.

Any future Master Sign Programs should be submitted separately.

See Figure 6.I for possible signage locations. Figure 6.J are conceptual signage designs.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.I
Commercial Signage Conceptual Locations
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.J
Commercial Signage Conceptual Designs
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6.10 EXTERIOR LIGHTING STANDARDS

6.10.1 Introduction
All exterior lighting within Carleton Acres should adhere to the guidelines specified in the separate Exterior Lighting Plan, applicable to both private and public open spaces. The lighting design will prioritize safety and continuity, ensuring it aligns with the overall theme and ambiance of the community.

6.10.2 Lighting Quality
 Architectural lighting should serve to enhance building designs while also providing adequate illumination for
pedestrian safety.
 Illuminate the entrance of buildings and parking areas.  Private development lighting should complement and not conflict with public lighting.
 Special accent lighting may be used on architectural details and signage throughout Carleton Acres.
 Landscape lighting may be used to compliment the open space areas.

6.10.3 Lighting Spillover
 All lighting should be designed and installed so as to prevent any significant direct or indirect light or glare from falling upon any adjacent residential property.
 Parking lot and drive aisle lighting adjacent to residential units or designated properties should consider the use of maximum 15-foot high light poles, with the light element to be completely recessed into the can. A reduction in the height of the light pole will assist in the reduction/elimination of direct and indirect light and glare which may adversely impact adjacent residential areas.
 Building and security lights should be shielded so that the light element is not visible from the adjacent residential properties.
 Service area lighting should be contained within its boundary and enclosure walls with minimal spillover.
 More than 0.5 lumens should not be exceeded at any
property line.

6.10.4 Lighting Type
 Lighting should have a warm appearance and broadcast light over large areas.
 Lighting shall meet all City requirements.

6.10.5 Residential Street Lights
 Details and specifications should be submitted by each neighborhood Builder/Developer to the Architectural Design Committee for approval prior to the start of construction.  Light locations should respect street trees and underground utilities as well as glare into resident’s windows and natural areas.
 The utility coordination plan should show all transformers, traffic signal devices, water meters, utility vaults, gas meters, major drainage structure and street lights.

6.10.6 Secondary Lighting
Low-level landscape lighting is strongly encouraged for all open spaces, pocket parks, entries, and paseos within Carleton Acres to enhance the ambiance. In addition, secondary lighting is necessary to ensure public safety in the neighborhoods. All proposed lighting 604
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 fixtures must undergo a review process by the Architectural Design Committee to ensure they align with the overall design vision of the community.

6.11 LANDSCAPING AND LIGHTING ACT DISTRICT
A Landscaping and Lighting Act Assessment District shall be formed, prior to the recordation of a final map. This district will serve the purpose of funding the maintenance of landscaping, fences, and/or walls along the public street frontages and open space areas within the subdivision. Additionally, the district will cover the operational and maintenance costs of street lights within the subdivision and along streets adjacent to the subdivision.

The following areas should be included in the Landscaping and Lighting Act District:
 Park areas surrounding the round-abouts
 Round-abouts
 Pocket parks
 Trail along Modoc Greenway
 Trails along streets
 Bioswales along Modoc
 Trail around basin
 Landscaping adjacent to residential at arterial and collector streets.

The Landscape and Lighting Act District shall include the provisions for the City to collect payment from the subdivider to cover the estimated cost to operate and maintain the improvements of the District prior to assessments occurring on the property tax roll. 605
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.K
Tree Selection Preference
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.L
Plant Selection Preference
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.M
Shrub Selection Preference
Figure 6.N
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.N
Grass, Groundcover and Vine Selection Preference
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 6.O
Landscape Images
610
Infrastructure

7.0 611
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

7.0 Infrastructure

7.1 INTRODUCTION
The infrastructure section discusses the existing conditions and anticipated improvements to circulation and utility systems within the Carleton Acres Specific Plan. Each Builder/Developer shall be responsible for the infrastructure adjacent to their proposed development project. The single family residential has been phased (see Figure 2.C.) with consideration for fire access as development progresses.

7.2 CIRCULATION MASTER PLAN

7.2.1 Objectives
The Circulation Master Plan for Carleton Acres aims to promote a well-designed community with various transportation options. By integrating an interconnected network of streets, trails, and bike paths, the plan encourages safe and efficient movement for all transportation users, including motorists, transit users, bicyclists, and pedestrians. Emphasizing traditional neighborhood design principles, the plan aims to reduce vehicle speeds and minimize conflicts between different transportation modes.

Pursuant to the City of Visalia’s General Plan, the circulation network proposed in the Specific Plan will adhere to the objectives and policies outlined in the City’s Circulation Element. In addition to the Circulation Element, roadway and pathway design standards and dimensions shall comply with standards established by the following:
 City of Visalia Engineering Design and Improvement
Standards (2016)
 City of Visalia Active Transportation Plan (2017)
 City of Visalia Waterway and Trails Master Plan (2010)

7.2.2 Vehicular Circulation
Carleton Acres is bounded by four of the City’s public arterial streets.

Within the Plan Area, local and collector streets of varying design will enable access and traffic distribution throughout the community.

Figure 7.A depicts the hierarchy and location of roadways within Carleton Acres.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.A
Vehicular
Circulation
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Arterials
West Riggin Avenue, North Shirk Street (Rd. 92), North Akers Street (Rd 100), and Avenue 320 (Kibler Ave.) are classified as arterial roads in the City’s Circulation Element with a right of way of 110 feet.

Arterials are high-capacity roads that deliver traffic from collector roads to and from freeways or expressways. The arterials may include right-turn and left-turn movements where applicable. Arterial streets are funded by Transportation Impact Fees (TIFs) and the development shall be reimbursed for all street improvements on Riggin, Shirk, Akers, and Ave. 320.

Figure 7.B and 7.C show the cross section and plan view West Riggin Avenue is at the widest point of the median. The raised median will serve as a traffic calming measure and create a distinct separation between travel lanes in both directions. The widening of Riggin includes median and two west bound lanes. The existing travel lanes will be converted to two east bound lanes.

Figure 7.D, 7.E, 7.F and 7.G show the cross section and plan view for North Shirk Street and Avenue 320. Developer to provide 2/3 improvements.

Figure 7.H and 7.I show the cross section and plan view for North Akers Street. The existing Modoc ditch runs along the west side of the street with proposed bioswales and bike trail. Developer to provide 2/3 improvements.

The City of Visalia is undergoing an engineering standard update and transportation impact fee nexus update as of the approval of this Specific Plan. Modifications to lane widths and bike lane configurations may occur at point of development.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.B W. Riggin Ave. Cross Section
Figure 7.C W. Riggin Ave. Plan View
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.D N. Shirk St. Cross Section
Figure 7.E N. Shirk St. Plan View
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.F Ave. 320 Cross Section
Figure 7.G Ave. 320 Plan View
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.H N. Akers St. Cross Section
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.I N. Akers St. Plan View
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Collectors
Shannon Parkway and North Roeben Street are designated as collectors and serve to connect arterial and local roadways within the Plan Area. Shannon Parkway and Roeben Street will feature two lanes of traffic within an 84 feet right of way. Shannon Parkway will include a median with trees or landscaping to help enhance overall street aesthetic and complement the greenery of Modoc Ditch, which runs along the north edge of the road.

Three roundabouts are proposed along North Roeben Street.

Roundabouts have been proven to improve traffic flow and efficiency while regulating vehicle speeds without requiring drivers to come to a complete stop. The addition of the roundabouts along North Roeben Street will reinforce slower speeds near sensitive land uses, including residential homes and educational facilities. Roundabouts have been requested by the City’s Traffic Department as a way to slow traffic at intersections. Collector streets are TIF funded and the development shall be reimbursed for all street improvements including roundabouts.

Figure 7.J and 7.K show the cross section and plan view for North Roeben Street at the proposed high school. The developer is to provide 2/3 improvements with the remainder to be completed by the school district. At the proposed high school, a raised bike trail shall be provided on the west side of the street. A protected bike lane with buffer and parking adjacent to travel lane is proposed adjacent to the proposed high school. Bike lane transitions would occur at intersections or roundabouts and should be further designed in improvement drawings.

Figure 7.L and 7.M is the cross section and plan view for North Roeben Street south of Ave. 320. A bike lane with buffer is proposed along the travel lanes.

Figure 7.N and 7.O show the cross section and plan view for Shannon Parkway. The developer is to provide 2/3 improvements in Phase 1.

Phase 2 will complete the remainder of the street improvements including the proposed bioswales and bike trail along the north side of the street. 2/3 improvements in Phase 1 allow farming to continue until development is ready in Phase 2.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.J
N. Roeben St. Cross Section at Proposed High School
Figure 7.K N. Roeben St.

Plan View at Proposed High School
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.L
N. Roeben St. Cross Section
Figure 7.M
N. Roeben St. Plan View

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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.N
Shannon Parkway Cross Section at Phase 1 Residential
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.O
Shannon Parkway Plan View at Phase 1 Residential
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Local Streets
The remaining streets within the Plan Area, including Sedona Avenue, are classified as local and should be developed to residential street standards. Local streets are designed to distribute vehicular traffic from arterial and collector streets and provide direct access to individual parcels. Local streets within the Plan Area should have a right of way width of 60 feet. A roundabout should be located at Sedona Avenue & Denton as well as two more along Pratt Road to enhance traffic flow. See Figures 7.T and U for Conceptual Roundabout Designs. Traffic speed tables should be installed along Sedona Avenue, Pratt Road, and the north/south street that connects Shannon Parkway to Ave. 320. The purpose of the speed tables are to slow traffic for a safer environment.

Figure 7.P and 7.Q show the cross section and plan view for Sedona Avenue, a typical local street with full buildout when single family residential is on both sides of the street.

Figure 7.R and 7.S show the cross section and plan view for a local street with bike and pedestrian trail which are located throughout Carleton Acres.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.P Sedona Ave. Cross Section
Figure 7.Q Sedona Ave. Plan View
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.R Local Street with Trail Cross Section
Figure 7.S Local Street with Trail Plan View
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.T Conceptual Roundabout Plan Views
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.U
Conceptual Roundabout Views
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023

7.2.3 Pedestrian Circulation
The Carleton Acres Master Plan prioritizes walkability by overlaying walking routes and sidewalks on streets to create a cohesive pedestrian network. Interconnected paths, trails, and sidewalks will promote easy access throughout Carleton Acres and link to existing pedestrian networks in neighboring areas. Shade trees and vegetation along streets and medians will enhance the pedestrian experience. Streetlights will be provided in conformance with City standards to ensure safety and visibility throughout the night. Other amenities like signalized intersections, crosswalks, street furniture, and signage will further contribute to safety, visibility, and neighborhood identity. Refer to Figure 7.V.

7.2.4 Bikeways
A proposed Class I shared path along Modoc Greenway (adjacent to Shannon Parkway) further establishes a multi-modal transportation network within Carleton Acres, and provides an alternative to automobile travel. North Roeben Street includes a Class I bike path from West Riggin Avenue to the future elementary school site. Class I bike paths are paved right of ways for exclusive use by pedestrians and bicyclists. Clusters of trees will line the path to create an aesthetically pleasing environment and provide ample shading for users. The proposed Class I path serves as a recreational and functional way to enhance interconnectivity between existing and proposed schools, residential units, neighborhood shopping centers, and parks.

Class II bike lanes are proposed along North Roeben Street. Class II bike lanes are striped on-street travel lanes exclusively for bicyclists.

Class IV bike lanes are located along arterials on West Riggin Avenue, North Shirk Street, Avenue 320 and North Akers Street. The bike lanes are protected from vehicle traffic by being raised and adjacent to the sidewalk.

The bikeways proposed within Carleton Acres are consistent with future routes established by the City’s ATP. Design standards for the Class I and Class II bikeways will conform with those outlined in the 2010 Waterway Trails Master Plan. Figure 7.V shows the pedestrian and bicycle circulation within the Plan Area.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.V
Pedestrian and Bicycle Circulation
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7.2.5 Parking
Carleton Acres will provide adequate on- and off-street parking to accommodate proposed businesses, motorists, and residents. Onstreet parking will be included throughout the Plan Area to provide short-term parking needs. On-street parking also doubles as a protective barrier between vehicular traffic and pedestrians. Offstreet parking within the Plan Area should be consistent with offstreet parking requirements listed in Section 17.34.020 of the City’s Zoning Ordinance:

Commercial Parking:

Section 17.34.020 of the City’s Zoning Ordinance requires general shopping centers to provide one parking space for each two hundred and twenty-five square feet of building area. Retail food markets, such as grocery stores, must provide one parking space for each five hundred square feet of building area.

Residential Parking:

Carleton Acres promotes a mix of land uses and incorporates a variety of housing densities ranging from single-family villages to multi-family dwellings. According to the City of Visalia Zoning Ordinance, single-family dwellings require two parking spaces (one covered) per unit, and multi-family dwellings require 1.5 parking spaces per unit. An additional .25 spaces will be required for multifamily dwellings when more than fifty percent of the units are dedicated as three- or four-bedroom units.

Educational Facilities:

The Carleton Acres Plan Area includes an existing middle school, a planned high school, and a future elementary school. Pursuant to the City’s Zoning Ordinance, elementary and middle schools require two parking spaces for each classroom. The planned high school will require one parking space for each employee, as well as an additional seven parking spaces for each classroom.

7.2.6 Public Transportation
Two policies outlined in the City’s General Plan (T-P-33 and T-P-34) highlight establishing transit stops for major commercial and residential areas along with the design and development standards for transit service in the community. The City’s Active Transportation Plan is the integration of pedestrian and bicycle facilities with public transit as a primary objective. To adhere to the goals set out by these plans and increase the availability and use of transit, Carleton Acres proposes a minimum of three new bus stops to support public transit services. As shown in See Figure 7.A, two transit stops are proposed on Avenue 320 and one is proposed on W. Riggin Avenue. The proposed bus stops and public transit routes will be operated by Visalia Transit (VT). The bus stops should include a shelter to provide adequate shading, seating, and clear signage.
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7.3 GRADING MASTER PLAN

7.3.1 Existing Conditions
Ridgeview Middle School is the only existing structure adjacent to the Plan Area. The remainder of the project site is undeveloped.

7.3.2 Proposed Conditions
Development within the Plan Area shall comply with grading requirements as described in the City Municipal Code to minimize the potential for erosion, landslides, and other forms of land disturbance.

7.4 DRAINAGE MASTER PLAN

7.4.1 Existing Conditions
Ridgeview Middle School, is currently supported by existing storm mains that run beneath N. Akers Street and Sedona, which carry runoff via a network of pipes and catch basins.

7.4.2 Proposed Conditions
The storm drainage system for Carleton Acres will be designed in compliance with City standards to help minimize the impact of the proposed development. The Plan Area will discharge stormwater runoff through proposed storm drain lines that connect to a proposed 36-inch storm drain trunk line and appurtenances along Sedona and Pratt. A minimum 48-inch diameter storm drain pipeline and appurtenances shall be installed at N. Shirk Street consistent with the City’s storm drainage master plan requirements. All drainage, including the proposed storm drain lines, will be directed to the recharge basin proposed in the Plan Area. Refer to Figure 7.W Storm Drain Master Plan.

Stormwater
The stormwater drainage system for the Project will be designed in compliance with City standards to ensure adequate facilities to serve the Project. The Project will discharge stormwater runoff through a proposed storm drain system that drains into a proposed drainage basin onsite. The basin design is based on a 10 year, 10 day storm event.

A site survey was conducted to identify the appropriate location of the drainage basin based on site slopes and other factors. The basin is proposed to be integrated into the western edge of the Project Area at the northeast corner of N. Shirk Street and Shannon Parkway.

The proposed basin location is in the lowest elevation of the Project site and is in the natural drainage/low area of the development. This allows for natural stormwater runoff. The basin is approximately 17.3 gross acres, 11.4 net acres, with a capacity of 93.29 acre/feet. The

93.29 acre/feet of capacity is in excess of the 90.80 acre/feet of storage capacity that would be required by the Project. The basin will be 10’ deep with 3:1 side slopes. Refer to Figure 7.X Storm Drain Basin Calculations. Half of the basin is proposed to be completed for Phase 1 while construction is underway for development in Phase

1. In addition to serving the proposed development, the basin will be designed to accommodate storm drainage for the existing Ridgeview Middle School, the proposed High School, future elementary school, and future City facilities at the intersection of N. Akers Street and W.

Riggin Avenue. A bioswale will be used to collect storm water from developments adjacent to the existing Modoc Ditch. The bioswale shall be connected to the proposed basin by culverts. The location of the bioswale adjacent to the bike path trail will enhance the landscape space.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 As mentioned above, the Water Storage/Recharge Basin location is within Phase 2 but will be partially built for the use of Phase 1.

Native vegetation and a trail around the basin will enhance the area. The existing middle school currently drains to a temporary basin located to the West of the school.

Bioswales
The proposed bioswales north of Shannon Parkway and Modoc Ditch, as well as west of N. Akers Street and Modoc Ditch, will serve as stormwater drainage systems for the northeast portion of the development. Runoff from the streets will be directed to the bioswales through gutters or pipes, and storm drains will discharge into the bioswales using bubble up drains/inverse siphons. These bioswales will be 18' wide and 4' to 5' deep, connecting to the proposed basin through culverts. The design details of the bioswales will be further developed in improvement drawings as the project progresses, potentially involving multiple developers during various phases of construction. The Lighting and Landscape District would maintain the bioswales.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.W
Storm Drain Master Plan
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.X
Storm Drain Basin Calculations
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7.5 WATER MASTER PLAN

7.5.1 Existing Conditions
The City of Visalia’s water is supplied by California Water Service Company (Cal Water). The City’s source of water comes from 75 active supply wells that extract groundwater from the Kaweah Groundwater Sub-basin. The water is distributed over 519 miles of pipelines. Water is currently supplied to Ridgeview Middle School as well as properties surrounding the Plan Area via existing water mains.

7.5.2 Proposed Conditions
Water will be supplied to the Plan Area by Cal Water. Carleton Acres will require the extension of pipelines to accommodate future growth, including the installation of 12” mains to connect to the Project Area. A 12” main on N. Akers Street will be extended north of the Ridgeview Middle School. A 12” main on N. Shirk Street will be extended from W. Riggin Avenue. Major streets around the property will require a 12” main, and interior streets will require an 8” main.

Fire hydrants will be located every 600 feet of linear residential and 500 feet of linear commercial. The water distribution system within Carleton Acres is shown in Figure 7.Y.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.Y
Water Infrastructure Master Plan
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7.6 SEWER MASTER PLAN

7.6.1 Existing Conditions
Wastewater generated in the City of Visalia is treated by the City’s Water Conservation Plant (WCP) located west of Highway 99 and south of Highway 198. Ridgeview Middle School is the only existing structure adjacent to the Plan Area. Existing 8” sewer mains running along N. Akers Street and Sedona provide sewer service to the school.

7.6.2 Proposed Conditions
Sewer/wastewater generated in Carleton Acres will be treated by the City’s Water Conservation Plant. The Project proposes to install and extend all City master planned sewer lines to the extent determined by the City Engineer per development phasing plans. The northeast portion of the development shall tie in with the existing 15” sewer main at N. Akers Street. The high density south of the proposed high school shall tie in with the existing 8” sewer main at Sedona. The remainder of the proposed development will tie in with the existing 42” sewer main at the intersection of W. Riggin Avenue and N. Shirk Street. A minimum 10” sanitary sewer main and appurtenances will be extended along Pratt, Shannon Parkway, and Sedona. A 36” sanitary sewer line is proposed along Avenue 320. (See Figure 7.Z.) The extension of sewer mains shall comply with the standards established in the City’s sewer and storm master plan. Oversizing shall be reimbursed by the City. The design details including the sewer crossing Modoc ditch will be further developed in improvement drawings as the project progresses.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Figure 7.Z
Sanitary Sewer Master Plan
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7.7 ELECTRICAL MASTER PLAN 7.7.1 Existing Conditions Electricity in Visalia is provided by Southern California Edison (SCE). Current electrical lines run beneath and overhead along major arterials and collectors adjacent to the Plan Area and provide electricity to Ridgeview Middle School and surrounding neighborhoods. Along the north side of W. Riggin Street 19 power poles of Southern California Edison will have to be relocated to accommodate the street future widening/dedication. 7.7.2 Proposed Conditions Electricity will continue to be provided to the Plan Area by SCE via the extension of existing electrical lines. 12kB backbone lines are proposed along arterial and collector streets with the exception of Avenue 320. 6.9kV circuit ties will extend from the backbone lines throughout all the local streets. New electrical distribution lines will be placed underground in accordance with City utility standards and regulations. 7.8 GAS MASTER PLAN 7.8.1 Existing Conditions Natural gas in Visalia is provided by SoCal Natural Gas / Sempra Energy. Transmission lines surrounding the Plan Area deliver natural gas to Ridgeview Middle School and adjacent properties. 7.8.2 Proposed Conditions Land development for the Carleton Acres Specific Plan will include residential and commercial uses. New construction and expansion of the natural gas distribution system will require coordination with SoCal Gas / Sempra Energy. 641
Implementation

8. 0
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8.0 Implementation:

8.1 INTRODUCTION
The implementation of the Carleton Acres Specific Plan is a collaborative effort involving the City of Visalia, Master Developer, Builder/Developers, and other stakeholders. This process ensures that the standards and vision outlined in the plan are applied appropriately. The plan, including graphic illustrations, text, and development and design standards, will be carefully processed and reviewed to ensure consistency with the City's General Plan and Zoning Ordinance. This comprehensive approach ensures that Carleton Acres will be developed in line with its vision, creating a well-designed and cohesive community.

8.1.1 Application
Carleton Acres Specific Plan applies to all lands within the Specific Plan Area boundaries shown in Figure 2.C. All developments within the Specific Plan Boundaries must be consistent with the Specific Plan and the City of Visalia’s General Plan and must be approved and permitted by the City of Visalia. Within the Specific Plan area, the Regulations of this Specific Plan shall control the development. The graphic illustrations are intended only to illustrate particular applications. The exact location of streets, utilities, and boundaries of development will be determined by the approval of subdivision maps. A Vesting Tentative Subdivision Map for Phase 1 single family residential and Commercial Tentative Map will be processed alongside this Specific Plan as well as other necessary entitlements.

The City of Visalia will be responsible for plan-check, inspection, and occupancy release.

8.2 PURPOSE
 To assure that all projects within Carleton Acres are consistent with the planning and design intent guidelines and standards of this Specific Plan as well as the standards of the City of Visalia.
 To create a fair, simple, and efficient process that assures that all project needs are met while following the Specific Plan.
 To specify land uses and development guidelines that relate to the City of Visalia General Plan.
 To provide an efficient project review and approval process with the City of Visalia.

8.3 RESPONSIBILITES

8.3.1 Master Developer Responsibilities
The Master Developer shall participate in the approval of this Specific Plan document, EIR and other studies, Development Agreement, General Plan Amendment, Tentative Tract Map (Phase 1 Single Family), Commercial Tentative Map and Annexation.

The Master Developer is responsible for the construction of the water/storage recharge basin.

8.3.2 Builder/Developer Responsibilities
Each Builder/Developer is responsible for the construction of the following items within the Builder/Developer’s property:
 Streets, all utilities (including gas, electric, water, sewer, drainage and communication lines) and landscaping in the public right-of-way.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023  Landscape and hardscape included within the pedestrian circulation, any parks or open space, lighting and directional signage.
 Identification & directional signage.
 Modoc Greenway Trail, where applicable.

8.3.3 City Responsibilities
The City of Visalia staff, Planning Commission and City Council shall collaborate with the Master Developer on the approval of the Specific Plan and other necessary approvals. Please see below items in Section 8.4.1. The City pre-adoption of this Specific Plan and EIR reduces the time required to obtain City approvals for individual projects within Carleton Acres Specific Plan. The City of Visalia will also determine that projects comply with the Carleton Acres Specific Plan based on the vision and guidelines within this Plan.

8.4 APPROVALS

8.4.1 Specific Plan Approvals
Along with this Specific Plan below are other necessary approvals including the following:
 Certification of the Carleton Acres Environmental Impact Report
 Approval of Final Specific Plan and Amendments, if necessary  Approval of a General Plan Amendment
 Approval of Zone Changes
 Approval of a Tentative Tract Map (Phase 1 Single Family)  Approval of Commercial Tentative Map
 Approval of a Master Development Agreement between
Developer and the City of Visalia

8.4.2 Individual Project Development Approvals
For individual Project Developments within Carleton Acres, Builders/Developers require following approvals. See Section 8.5.3 for more information.
 Approval of Lot Line Adjustment to reflect the various stages of the Project
 Approval of Site Plan Review and/or Tentative Subdivision Map, if applicable
 Approval of Conditional Use Permit Application, if applicable  Amendments to the Specific Plan, if necessary
 Approval of Final Subdivision Map, if applicable
 Approval with Building Department and other Departments for Building Permits

8.4.3 Other Public Agencies Approval and Consultation
The Project will require various permits and/or entitlements from regulatory agencies. Consultation may be required and the City of Visalia will integrate CEQA review with these related environmental review requirements. These may include, but not be limited to the following:
 Tulare County LAFCO (annexation)
 San Joaquin Valley Air Pollution Control District – approval of construction and/or operational air quality permits
 Storm Water Pollution Prevention Plan
 Regional Water Quality Control Board
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8.5 PROJECT REVIEW AND APPROVAL PROCESS
The Specific Plan is a collaboration between Master Developer and the City of Visalia. The Plan is a clear vision for the community and ensures the quality of future growth in the City.

The City of Visalia recognizes that Carleton Acres will be built as multiple projects. This allows each project to meet market realities.

The City pre-adoption of this Specific Plan and EIR reduces the time required to obtain City approvals for individual projects within Carleton Acres Specific Plan.

8.5.1 Project and Subdivision Map Approval Process
A “project” is defined in this Section as a development of new commercial, residential or institutional buildings within the Specific Plan area. Any project on non-public land within Carleton Acres must be reviewed and approved by the City of Visalia. These approvals will ensure that each project will be consistent with the Specific Plan and 2030 General Plan. The project approval process of Carleton Acres Specific Plan is designed to require the minimum time and complexity with assuring that each development project meet Specific Plan requirements. A Tentative Subdivision Map, if applicable, for each project must be reviewed and approved by the City. This review and approval process utilizes established City of Visalia procedures.

Allowed Uses in Section 2 notes Permitted and Conditional-Use Permitted project types. Conditional-Use Permitted projects shall require approval from the Planning Commission.

8.5.2 Interpretations and Amendments
The implementation of this Specific Plan will take place over a course of several years. Deviations of project features from the original Specific Plan may emerge during the implementation phase. In order to account for these changes, authorized Interpretations, Adjustments, Minor Amendments, and Major Amendments to the Specific Plan may result.

Interpretations
The City of Visalia, the General Plan, and other City of Visalia planning documents and policies hold the responsibility for interpreting the provisions outlined in the Carleton Acres Specific Plan. In cases where any ambiguity arises, the City will resolve it in a manner consistent with the established goals and objectives of this document.

Interpretations may be required for decisions related to discretionary development applications, subdivision maps, and building permits.

During the interpretation process, the City's approving authority will consult with relevant City departments that may be impacted by the decision to ensure a comprehensive and informed resolution.

Adjustments
Adjustments within the Carleton Acres Specific Plan pertain to minor modifications that align with the plan's original intent. These changes may be required during the final design and engineering phase, such as shifts in roadway alignments, utility locations, infrastructure adjustments, density transfers, lot sizes, and site development dimensions, which are deemed as minor. The City of Visalia holds the authority to make these adjustments through an administrative review process to ensure compliance with both City regulations and the overall intent of the Specific Plan.

Amendments
Amendments refer to substantial changes to specific features of the Carleton Acres Specific Plan, and usually involve deviations from the 645
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 original intent of the Specific Plan or General Plan. Amendments are permitted to the Specific Plan and include significant changes that are not interpretations or adjustments. Amendments may include an increase or decrease in number of total lots by more than 20%, as well as a change in the configuration of the Plan Area’s zoning.

Amendments must be reviewed and approved by the City Council.

Other amendments shall be deemed as Major Amendments and will require the review and approval by the City.

EIR
The processes involved with implementing the Specific Plan will be subject to environmental review, including an EIR for this project.

Interpretations, Adjustments, and Amendments that are consistent with the intent of the Specific Plan may result in an environmental determination of “categorically exempt” since the EIR has covered all the potential environmental issues within the Plan area. Additional environmental review may be necessary for Major Amendments to the Specific Plan including instances where a previously unknown environmental resource is found on the site, or surrounding conditions are significantly altered since the certification of the EIR.

If this occurs, the Lead Agency may prepare an Addendum or Supplement to the EIR, or a subsequent comprehensive or focused EIR to address these findings.

8.5.3 Approval Process for Individual Projects:

1. Initial Meeting with the City:

This meeting or series of meetings provides the
Builder/Developer with information needed to prepare for a project submittal with Standards from this Specific Plan. This meeting will determine if the use is allowed or Conditional-Use Permit will be required. The City shall also determine items to be included for Site Plan Review and procedures for the review process. The Builder/Developer reviews the vision and
guidelines of the Specific Plan and required documents for Architectural Board review (see Section 8.5.6.)

2. Site Plan Review:

The Builder/Developer prepares and submits an application to the City of Visalia for review.

3. Site Plan City Review:

At this time the City will determine if the project is in compliance, requires adjustments to the Specific Plan or if an Amendment to the Specific Plan is required. The City will review to ensure the project complies with the Specific Plan’s land use, density, parking and other development standards.

If the City finds that the project is in compliance, the Builder/Developer shall submit information to the
Architectural Board. The board reviews the project to be compliant with the vision and guidelines of the Specific Plan.

The Builder/Developer is responsible for revising the project plans to reflect the comments.

Items being reviewed by the City and Architectural Board:
 That all applicable design standards of the Carleton
Acres Specific Plan are complied with.
 The location of structures, landscaping and
pedestrian paths support the community.
 That onsite circulation and driveway locations are
adequate and safe for pedestrians and vehicular
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 circulation. Minimize traffic conflicts and
congestion.
 That the proposed development is quality and
preserves privacy for residential users.
 That the architectural style and design of the project shall contribute to the overall design quality and
character of the Specific Plan.

4. Application for Project Approval:

The Builder/Developer prepares a revised project design based on comments from Site Plan Review and Architectural Board. The signage plan is also included at this time. If an Amendment to the Specific Plan or Conditional Use Permit is required staff shall prepare a report for review and approval from Planning Commission and, if required, City Council.

5. Project Approval:

The Builder/Developer then prepares construction
documents meeting the City of Visalia requirements while also incorporating comments and/or conditions from Site Plan Review and/or Planning Commission and City Council.

Construction documents shall also be submitted to the
Architectural Board for final approval.

6. Building Permit:

The Builder/Developer submits the construction documents meeting all Specific Plan, City of Visalia and other required information to the Visalia Building Department for the
necessary approval.

8.5.4 Street Approval
All Visalia streets including those within this Specific Plan must be approved by the City. Discussions have been made with the City concerning the cross sections in this document. Any changes from this document will have to be reviewed by the City.

8.5.5 Signage Approval
All submittals to the City shall be consistent with the requirements of the Specific Plan. Preliminary signage plans shall be submitted to the City and Architecture Board. Final signage shall incorporate comments and be submitted to the City when construction documents are submitted for building permit.

8.5.6 Architectural Board Approval
Introduction
Carleton Acres will be built by different Builder/Developers. The Architectural Board ensures that the design intent meets the Specific Plan requirements. Before approval with the City, approval is required by the Architectural Board. Drawings must be submitted demonstrating design compliance for all projects located in Carleton Acres. The Architectural Board shall have the powers to review, approve, deny or amend all plans and specificationsfor all structures, landscaping and exterior designs submitted to the Committee. All actions of the Committee shall be taken by vote or written consent of a majority of the Committee Members.

Membership of the Architectural Board
The Architectural Board Initial Board Members shall be Dave Crinklaw, Eric Shannon, Gary Artis, Sandra Staats and Michelle Huerta.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Future Membership of the Architectural Board
The Architectural Board Future Members shall be appointed by the existing members by 50% vote. There shall be a minimum of three and a maximum of five board members.

Required Submission of Plans
No parcel subject to the Specific Plan shall be graded and no building, wall, structure, or landscaping of any kind shall be commenced, erected or maintained on any parcel and exterior addition to any structure on a parcel shall be made until the construction documents and specifications have been submitted to the Architectural Board and thereafter approved in writing. The Architectural Board shall have 30 days after the submission of plans and specificationsin which to approve or disapprove proposed improvements. The failure of the Architectural Board to act within the 30-day period shall constitute approval of the proposed improvements.

Architectural Board approval letter is required by the City before issuances of permit.

Disapproval of Plans
The Architectural Board shall disapprove of any structure that does not meet the development standards and design guidelines of the Specific Plan. The Architectural Board shall disapprove any grading plan which is not in conformance with the final parcel map.

Landscaping
The building plan submittal shall also include detailed landscape plans designating the type and location of all landscaping and irrigation to be installed. Every site within Carleton Acres shall be landscaped and maintained. The Architectural Board shall have the right to disapprove any proposed landscaping or fencing which the Board considers incompatible with the overall development of parcels within Carleton Acres. Upon such disapproval, the Owner of the parcel shall prepare and submit to the Architectural Board an alternative landscaping and fencing plan for its review and approval.

No Owner shall install any landscaping, plants, irrigation or similar improvements on any parcel subject to this Declaration without the prior written approval of the Board as required herein.

The property Owner, lessee or occupant shall landscape and maintain unpaved areas between the property lines, including any area, public utility easement and the setback lines.

The property Owner, lessee or occupant shall provide facilities adequate to sustain and maintain the landscaped areas. Such facilities are to be adequately screened.

Approved landscaping shall be installed at completion of the building.

Fencing improvements, as approved by the Architectural Board, shall be installed concurrently with the installation of landscaping improvements for the parcel.

Except as approved by the Architectural Board no excavation shall be made except in connection with the construction of an improvement and upon completion thereof exposed opening shall be backfilled and disturbed ground shall be graded and leveled.

Interpretation
In addition to the powers and duties specified in this Section, the Architectural Board shall have the right to interpret, adjust or modify each provision or restriction contained in the Carleton Acres Specific Plan.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023 Neither the Architectural Board or its designated representative shall be entitled to any compensation for services performed pursuant to this Section. The Architectural Board is not responsible for any structural defects in submitted plans or specification for any building or structure erected according to such plans or specifications.

The Architectural Board shall not be liable in damages to anyone submitting plans and specification for approval, or to any Owner or lessee of any part of Carleton Acres Specific Plan, by reason of mistake in judgement, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans and specifications. Every person who submits plans and specifications to the Architectural Board agrees, by submission thereof, and every Owner or lessee of any part of the Subject Property agrees, by acquiring title thereto or interest therein, that he will not bring any action or suit against the Architectural Board or the Declarant to recover any such damages.

8.5.7 Other Approval Items
General Plan Amendment
Adoption of amendments to the 2030 General Plan or a General Plan Update by the City will not require amendment to the Specific Plan.

Any amendment to the Specific Plan must be consistent with the General Plan except in matters in which the Developer/Applicant shall possess vested rights under the terms of a Development Agreement entered into between the Developer/Applicant and the City.

Environmental
The City of Visalia has certified the Project Environment Impact Report in association with approval of the Carleton Acres Specific Plan.

Temporary Uses
The following are temporary uses permitted within Carleton Acres.

Residential Land Use:
 Construction signs.
 Sales or rental offices.
 Subdivision model homes and related facilities.
 Temporary construction yards and offices.
 Youth, charitable or nonprofit organization projects.  Other temporary uses that the Development Director has determined to be compatible with the land use.

Commercial Land Use (may be subject to a Temporary Conditional Use Permit):
 Temporary uses listed in residential land use above.
 Christmas tree lots.
 Grand opening signs, banners and other similar temporary signage.
 Outdoor concerts.
 Outdoor sales.
 Other temporary uses that the Development Director has determined to be compatible with the land use.

Open Space, School and Public Facilities Land Use:
 Subdivision signs.
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Carleton Acres Specific Plan_________________________________________________________________________ 08-29-2023  Temporary construction yards and offices.
 Youth, charitable or nonprofit organization projects.  Other temporary uses that the Development Director has determined to be compatible with the land use.

8.6 DEVELOPMENT PHASES
The Carleton Acres Specific Plan will be divided into two phases for development. Development is expected to begin in 2023 and completed approximately 2043.

Phase 1
Phase 1 consists of development in the southern half of the Specific Plan Area, which includes street and infrastructure improvements, pedestrian paths and bikeways, low to high density residential units, neighborhood parks, and commercial mixed-use. Partial
construction of the Water Storage/Recharge Basin for Phase 1 use.

Low Density Residential housing will be constructed first. Proceeding into Phase 2 is only determined by the completion of Low Density Residential. It is not dependent on the completion of Medium and High Density Residential or Commercial uses. Phase 2 would begin construction according to the Development Agreement.

Phase 2
Phase 2 consists of the remainder of the proposed Specific Plan, which encompasses additional street and infrastructure
improvements, pedestrian paths and bikeways, low to high density residential units, neighborhood commercial, neighborhood parks, Water Storage/Recharge Basin, Modoc Greenway, and future elementary school.

8.7 PUBLIC FACILITIES FINANCING
The Specific Plan Area will be supported by the development and expansion of new and existing infrastructure systems. Project Builder/Developers shall be responsible for public improvements, such as the installation and extension of curbs, sidewalks, landscaping, and other similar features. The Specific Plan will be subject to development impact fees to support the expansion of public facilities. Impact fees shall be paid before the issuance of building permits. Installation of infrastructure including streets and dry and wet utility lines will be completed by the builder/developer and dedicated to the City as applicable. Arterial streets will be funded through the City’s Capital Improvement Projects and Transportation Impact Fees. Collector streets shall be funded through the City’s Transportation Impact Fee program. When a City Park or trail is constructed by a Builder/Developer the City shall reimburse or provide credit for park fees.

8.7.1 Landscaping and Lighting Act District
A Landscaping and Lighting Act Assessment District shall be formed, as mentioned in Section 6.11, prior to the final map of the individual project being recorded. The purpose is for the maintenance along public frontages and open spaces within a subdivision. The maintenance includes landscaping, fences and/or walls, and the operational and maintenance of street lights within the subdivision and the abutting streets.

The Landscape and Lighting Act District shall include the provisions for the City to collect payment from the subdivider to cover the estimated cost to operate and maintain the improvements of the District prior to assessments occurring on the property tax roll. 650
The design of Carleton Acres will not only be aesthetically pleasing but also serve as a special tribute to the land's rich agricultural history and Carleton Shannon's enduring legacy of farming passion. The thoughtful integration of design elements will create a unique and meaningful connection to the past, celebrating the community's heritage while providing a vibrant and inviting environment for residents to call home. 651
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City of Visalia, West Star Construction Inc. and Hayes Ranch LLC DRAFT – Last Update by BJS: 09/26/2023 Recording Requested By and
When Recorded Return to:

City Clerk
City of Visalia
425 E. Oak Avenue
Visalia, CA 93292

DRAFT DEVELOPMENT AGREEMENT
Carleton Acres Specific Plan and Phase 1 Tentative Subdivision Map No. 5590 This Development Agreement, hereinafter referred to as “Agreement”, is entered into as of this ___ day of ________, 2023, by and between the CITY OF VISALIA, a municipal corporation of the State of California, hereinafter referred to as the “City”, WEST STAR CONSTRUCTION, INC. hereinafter referred to as “Developer”, and HAYES RANCH LLC, hereinafter referred to as “Owner”, and wherein Developer and Owner have interest in real property, herein call the “Property”, which is more particularly described in Exhibit “A” and is situated in the City of Visalia, County of Tulare, State of California, and;
WHEREAS, applications have been filed by Owner to facilitate the creation, annexation, and development of the Carleton Acres Specific Plan (hereinafter referred to as the “Specific Plan”), which will result in the development of approximately 507 acres into 3,262 dwelling units, 35.1 acres of commercial, 17.3 acres of basin, and approximately 13 acres of institutional uses on land designated for Low, Medium, and High Density Residential, Mixed Use Commercial, Neighborhood Commercial, Parks/Recreation, and Public/Institutional, within the area generally bound by Shirk Street, Avenue 320, Akers Street, and Riggin Avenue, partially within and adjacent to the Visalia City limits and;
WHEREAS, on September 11, 2023, the Planning Commission of the City of Visalia passed Resolution No. 2023-___ approving Carleton Acres – Ph. 1 Tentative Subdivision Map No. 5590 for the Property, wholly located with Urban Growth Development Boundary Tier II (herein referred to as “Tier II)” and;
WHEREAS, on _______________, the City Council of the City of Visalia passed and adopted Specific Plan No. 2021-13 and General Plan Amendment No. 2021-14, establishing the Carleton Acres Specific Plan and changing the General Plan land use designations within the Property to conform to the land use designations specified in the Specific Plan, and; 652
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City of Visalia, West Star Construction Inc. and Hayes Ranch LLC DRAFT – Last Update by BJS: 09/26/2023 WHEREAS, the development project, consisting of the Property and the applicable terms, conditions, policies, and standards of the Specific Plan, and the approved resolutions for Carleton Acres – Ph. 1 Tentative Subdivision Map No. 5590, is hereinafter call the “Development” and; WHEREAS, this Development Agreement is being carried out as part of the City of Visalia General Plan’s Land Use Policy No. LU-P-22, which allows for parcels under common ownership or unified control that are within multiple Urban Growth Boundary Tiers to be annexed and developed in accordance with a master plan and development agreement that details the overall site plan development while maintaining the City of Visalia’s interest in maintaining concentric growth through the Urban Growth Boundary Tiers, and;
WHEREAS, currently, the Development is situated in Growth Tiers II and III as defined in the City of Visalia General Plan. In accordance with Policy No. LU-P-22, the Development may be allowed to annex and develop in Tier III while the City is still limiting development approvals to land within the Tier II designation, subject to the terms and conditions stated in this Agreement, and; WHEREAS, Owner has requested to allow the Specific Plan development to begin growth in the Tier II area and to have continuous growth into the Tier III portion of the plan. The proposal of “continuous growth” infers not being interrupted by the requirement of meeting citywide expansion criteria as stated in Land Use Policy LU-P-21. The reasoning for the request is that the proposed Project has been designed as one cohesive neighborhood with an elementary school, parks and open space, walking trails along Modoc Ditch and throughout the property, and other amenities that connect development situated in Tiers II and III, and; WHEREAS, City will proceed with initiating annexation of the entire Property, including portions situated within Tier III in accordance with the terms and conditions of this Agreement, and; WHEREAS, City will allow for development of the portions of the Property situated within Tier II at any time, provided that the property is annexed into the City of Visalia and has secured all proper entitlements, and;
WHEREAS, City will only allow for development of the portions of the Property situated within Tier III only at such time when the terms and conditions of this Agreement have been fulfilled by Developer to the satisfaction of the City. The development of the portions of the Property situated within Tier III will also require the installation of all public improvements within the respective areas as different phases of this development move forward, and; WHEREAS, City shall periodically review this Agreement, and Developer and Owner agree the City may modify or terminate the Agreement, if the Developer has not complied with the terms and conditions, and;
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City of Visalia, West Star Construction Inc. and Hayes Ranch LLC DRAFT – Last Update by BJS: 09/26/2023 WHEREAS, Developer agrees that when a building permit or any other type of entitlement or permit for the Development is sought, all applicable processing and impact fee amounts, conditions, and standards that the City has in effect at the time of entitlement is requested by the Developer shall be applied to the requested permits, and; WHEREAS, nothing in this Agreement shall prohibit Owner or Developer from selling their portion of the Development provided any such sale is subject to and incorporates the terms and conditions of this Agreement, and;
WHEREFORE, the City, Owner, and Developer do enter into this Agreement and for and in consideration of the mutual covenants, duties and obligations herein set forth, do agree as follows:

ARTICLE I

LEGAL AUTHORITY

1.1 This Agreement is made pursuant to and in accordance with the provisions of California Government Code Section 65864 and Visalia Municipal Code, Chapter 17.60.

1.2 This Agreement shall remain in effect for a period of twenty (20) years from the date of execution subject to the terms and conditions set forth herein; however the parties may make amendments or modifications to this Agreement in accordance with Section 1.4 below.

1.3 Developer hereby acknowledges that it is in escrow to buy and develop residential portions of the Development from the Owner, including but not limited to areas designated by the City for Low Density Residential land use, and it is responsible for all rights and duties contained in the Specific Plan and the Development. No other party or individual has a development interest in the Development.

1.4 City may periodically review this Agreement pursuant to Visalia Municipal Code Section

17.60.070. In lieu of a period review held every 12 months as specified in Section 17.60.070, the City may initiate review at intervals of its choosing. The City may modify or terminate this Agreement if Developer has not in good faith complied with the terms and conditions of this Agreement. If City terminates this Agreement, then City may pass a moratorium of further development under Section 17.60.090 or seek other available relief and Owner and/or Developer agrees that all costs expended by the City, including attorney fees, may be charged by the City to Owner and/or Developer for violations of this Agreement.

1.5 Owner and Developer acknowledge that no vesting rights have been granted with the Development and this agreement will not vest any rights beyond those stated in the Specific Plan and the Development.
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ARTICLE II

BUILDING PROGRESS WITHIN TIER II

2.1 Before the City allows for the processing of a tentative subdivision map within the portion of the Property situated within Tier III, final maps that comprise all phases and lots specified in the Carleton Acres – Ph. 1 Tentative Subdivision Map No. 5590 shall be recorded with the Tulare County Recorder.

2.2 Before the City allows for the recording of a final subdivision map pertaining to any portion of a tentative subdivision map within the portion of the Property situated within Tier III, building permits for new dwelling units shall be issued for
 At least 80% of lots located within the Carleton Acres – Ph. 1 Tentative Subdivision Map (i.e., 300 lots),
 At least 80% of units associated with the 5.5-acre Tier II Medium Density Residential area as indicated by Table 2-1 in the Specific Plan (i.e., 44 units), and  At least 80% of units associated with either the 3.6-acre Tier II Medium Density Residential area or the 9.7-acre Tier II High Density Residential areas as indicated by Table 2-1 in the Specific Plan (i.e., 29 units or 117 units respectively).

This cumulatively equates to construction in at least three of the four stand-alone land use districts in Tier II prior to approvals of any development in Tier III. There is no requirement for issuance of building permits in the 29.3-acre High Density Residential located inside the City limits (APN: 077-100-105) since this parcel is situated in Tier I.

2.3 A tentative subdivision map for the Tier III area can be filed and reviewed by the Site Plan Review Committee, and can subsequently be filed with the City of Visalia, but cannot be scheduled for hearing until Articles 2.1 and 2.2 are met.

ARTICLE III

IMPROVEMENTS

3.1 Shirk Street frontage between Riggin Avenue and Shannon Parkway as depicted on the Conceptual Use Plan shall be dedicated and constructed. Shirk Street shall be constructed as a 110’ arterial roadway, at 2/3 buildout, as shown in the Street Cross Section figures in the Specific Plan and in accordance with current City Development Standards. (The remaining 1/3 buildout on the west side of Shirk will be in the future by the adjacent property owner(s).)

3.2 Riggin Avenue between Shirk Street and Roeben Street shall be dedicated and constructed in accordance with Article V below.
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3.3 Developer shall dedicate and construct Roeben Street between Riggin Avenue and Shannon Parkway as depicted on the Conceptual Use Plan. Roeben Street shall be constructed as an 84’ collector roadway, at 2/3 buildout, as shown in the Street Cross Section figures in the Specific Plan and in accordance with current City Development Standards. (The remaining 1/3 buildout on the east side of Roeben will be in the future by Visalia Unified School District or the adjacent property owner(s).)

3.4 Developer shall dedicate and construct Sedona Avenue between Shirk Street and where improvements already exist approximately ¼ mile west of Akers Street. West of Roeben Street, Sedona Avenue shall be constructed as a 60’ local roadway, at full buildout, as shown in the Street Cross Section figures in the Specific Plan and in accordance with current City Development Standards. East of Roeben Street, Sedona Avenue shall be constructed as a 60’ local roadway consisting of travel lanes, parking lanes, and at least one sidewalk. (The remaining street frontage improvements will be in the future by adjacent property owners.) Alternately, in lieu of Sedona Avenue, Developer shall construct Shannon Parkway between Roeben Avenue and Akers Street. This will require the granting of roadway dedication from Visalia Unified School District. Shannon Parkway shall be constructed as an 84’ collector roadway, at 2/3 buildout, as shown in the Street Cross Section figures in the Specific Plan and in accordance with current City Development Standards. (The remaining 1/3 buildout on the south side of Shannon Parkway east of Roeben will be in the future by Visalia Unified School District.)

3.5 Developer shall dedicate and construct Shannon Parkway between Shirk Street and Roeben Street. Shannon Parkway shall be constructed as an 84’ collector roadway, at 2/3 buildout, as shown in the Street Cross Section figures in the Specific Plan and in accordance with current City Development Standards. (The remaining 1/3 buildout on the north side of Shannon Parkway will be in the future by the adjacent property owner(s).)

3.6 Denton Street between Riggin Avenue and Sedona Avenue shall be dedicated and constructed.

Denton Street shall be constructed as a 60’ local roadway, at full buildout, similar to the Sedona Avenue Street Cross Section figures in the Specific Plan and in accordance with current City Development Standards.

3.7 Developer and/or others who may eventually build within the Specific Plan area shall construct a 12-foot-wide bike and pedestrian trail and landscaping within the Landscape & Lighting District lots and/or right-of-way along all portions of Roeben Street within Tier II.

3.8 All collector street roadway designs within Tier II shall incorporate Class II bike lanes.

3.9 Developer shall submit to the City landscape and irrigation plans associated with all Outlots identified within the Carleton Acres – Ph. 1 Tentative Subdivision Map No. 5590 that are to be maintained by and Landscape and Lighting District, including Outlot J that is shown on the 656
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3.10 Street lighting plans shall be submitted with the final plat application. All the outdoor lighting shall meet City standards or as defined in the Specific Plan.

3.11 Utility pole relocations along Riggin Avenue, between Shirk Street and where improvements already exist approximately ¼ mile west of Akers Street, shall be completed so that the poles are located outside of the curb of the final roadway.

3.12 All local streets within the Carleton Acres – Ph. 1 Tentative Subdivision Map No. 5590, shall be installed in accordance with City standards prior to the recording of any final map or issuance of building permits in Tier III.

3.13 The Developer shall prepare and submit improvement plans for street, drainage, water, sewer, and landscaping improvements to the City Engineer for approval for their respective portions of the Development. The improvement plans must be approved by the City for conformance with applicable City standards prior to Developer beginning work on these public improvements.

3.14 The Developer shall prepare and submit improvement plans for the required landscape and lighting district to the City Engineer for approval for their respective portions of the Development.

The City must approve the improvement plans prior to the formation of the district. The landscape and lighting district applies to all outlots identified on the subdivision map.

3.15 Maintenance of landscaping (including temporary irrigation) and furnishings in all public rights-of-way, parks, and open spaces shall be the responsibility of the Developer until formal acceptance by the City Council. Upon acceptance by the City, such parks, open space and landscape easement areas shall become a part of the City’s public system.

3.16 No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement. In the event Developer changes or expands the use permitted by this Agreement or fail to comply with the restrictions in this Agreement, without formal modification of this Agreement, then Developer shall be in default.

ARTICLE IV

COMMERCIAL MIXED USE LAND USE DESIGNATION

4.1 In the event that, prior to commencing construction, there becomes no commercial tenant within contract, for a period of one (1) year, to occupy the anchor tenant space that exceeds 60,000 square feet located within the Commercial Mixed Use land use designation at the 657
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City of Visalia, West Star Construction Inc. and Hayes Ranch LLC DRAFT – Last Update by BJS: 09/26/2023 northeast corner of Shirk Street and Riggin Avenue, the Developer shall process a Specific Plan Amendment and General Plan Amendment to reduce the gross area associated with the Commercial Mixed Use land use designation to approximately 10 or less acres. Such entitlements shall preserve the minimum area associated with the Medium Density Residential and High Density Residential land use designations located adjacent to the Commercial Mixed Use designation, and may enlarge the area associated with the Low Density Residential land use designation.

ARTICLE V

RIGGIN AVENUE WIDENING

5.1 The Traffic Impact Study (TIS) prepared for the proposed project (ref.: Carleton Ares Specific Plan Traffic Study. Ruettgers & Schuler, March 2023) has concluded that roadway improvements in the form of widening Riggin Avenue to four travel lanes between Shirk Street and Akers Street are necessary with the Project’s Phase 1 improvements to maintain a City acceptable Level Of Service (LOS). The roadway improvements are necessary based upon the traffic volumes analyzed in association with one or more land uses incurred by the Phase 1 portion of the Carleton Acres Specific Plan project.

Notwithstanding the impacts incurred by the project, the City understands that furthering the overall widening of Riggin Avenue corridor helps to achieve multiple local and regional priorities, helping to improve traffic flow between the industrial and residential segments of Visalia as well as traffic flow for regional traffic coming to and from Visalia. The City of Visalia therefore agrees to partner with the Developer in providing a phased reimbursement of the widening of Riggin Avenue and the relocation of utility poles along the Riggin Avenue corridor.

5.2 The Developer and/or its designee(s) shall facilitate the widening of Riggin Avenue to a four lane divided road between Shirk Street and Denton Street, transitioning from four lanes to two lanes between Denton Street to approximately 600 feet west of Roeben Street. This widening shall include curb and gutter, median, median street lighting, median landscape and irrigation, storm drainage, and the relocation of five utility poles. Widening shall be completed prior to the final occupancy of the planned Costco Warehouse on the northeast corner of Shirk and Riggin.

Parties acknowledge that the Riggin Avenue widening by the Developer will be eligible for reimbursement pursuant to the requirements listed in the City of Visalia’s Transportation Impact Fee Program. A separate improvement agreement and reimbursement agreement will be required prior to any reimbursement by the City.

5.3 Separate from the project, the City is seeking to enter into agreement with the Tulare County Transportation Authority to appropriate Measure R Regional Funds and City Transportation Impact Fees to fund Riggin Avenue widening from Roeben Street to Akers Street. If such an 658
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City of Visalia, West Star Construction Inc. and Hayes Ranch LLC DRAFT – Last Update by BJS: 09/26/2023 agreement is entered into and a City project is established and constructed, the City shall facilitate the widening of Riggin Avenue to a four lane divided road between approximately 600 feet west of Roeben Street and Akers Street. If the City’s project is delayed, then the Developer and City will discuss alternatives to complete widening this section of Riggin Avenue, which remains a requirement by the City. This widening shall include curb and gutter, median, median street lighting, median landscape and irrigation, storm drainage, signalization of the Riggin & Roeben intersection, and the relocation of no more than eight utility poles.

The developer, through a separate agreement with the City, will be responsible to reimburse the City for the Developer’s proportional share of the project costs based on the types of costs from the City project that would be the responsibility of private development including sidewalk, curb, gutter, a portion of street paving, design, and relocation cost of the utility poles required to be moved with this widening project within their responsible development frontage.

The Developer will agree to reimburse the City upon the completion of certain amounts of development types within the Phase 1 portion of the project as follows:
 The Developer will reimburse the City 25% of their proportional share of all costs to design and construct upon final occupancy of the 2nd commercial parcel located along the Riggin Avenue frontage in front of the Costco Warehouse
 The Developer will reimburse the City 25% of their proportional share of all costs to design and construct upon final occupancy of the 4th commercial parcel located along the Riggin Avenue frontage in front of the Costco Warehouse.
 The Developer will reimburse the City 25% of their proportional share of all costs to design and construct upon final occupancy of a cumulative of 50 single-family residential lots located within the Carleton Acres Phase 1 Tentative Subdivision Map.  The Developer will reimburse the City 25% of their proportional share of all costs to design and construct upon final occupancy of a cumulative of 100 single-family residential lots located within the Carleton Acres Phase 1 Tentative Subdivision Map.

To further facilitate the widening of Riggin Avenue to a four lane divided road between approximately 600 feet west of Roeben Street and Akers Street, an area of benefit may be established by the City for the area being widened in accordance with Visalia Municipal Code Chapter 16.52, to facilitate reimbursement of City costs.

5.4 Notwithstanding Article 5.2, in the event that the Developer anticipates that any land use is planned to be constructed and occupied prior to Costco’s occupancy, the Developer may continue to consult with the City regarding a phased widening of Riggin between Shirk Street and Akers Street, and the City may consider granting such widening upon submittal to and approval by the City of supporting analysis to demonstrate that such land uses will not require the full widening of Riggin Avenue.
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ARTICLE VI

AFFIDAVIT OF PROPERTY OWNERS

6.1 The signatures of all owners of the Development agreeing to submit the Development to this Agreement and to the provisions set forth in California Government Code Section 65864 et seq. and Visalia Municipal Code, Chapter 17.60 shall be provided and are incorporated into this Agreement.

ARTICLE VII

DEFAULT

7.1 In the event Developer, its successors, assigns or subsequent owners of the Development or any other person acquiring an interest in the Development, fail to faithfully and materially comply with all of the terms and conditions included in this Agreement, such failure to comply will be deemed a default hereunder. In that event, City shall have the following options:
(a) This Agreement and the commitments contained herein may be terminated, and the zoning designation reversed, if City provides written notice of Developer default, and provides the hearing required by California Government Code Section 65868. Provided, however, no such termination or reversal shall occur unless City provides written notice of the default and Developer fails to cure such default within ninety (90) days after mailing or delivery of said notice. (b) Enforcement of this Agreement may be sought in an action at law or in equity in a court of competent jurisdiction located in Tulare County, California. (c) A waiver by City of any default by Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any covenants or conditions. (d) Notwithstanding anything to the contrary herein, in the event of a material default of the Agreement, the parties agree that City and/or Developer shall have thirty (90) days after delivery of notice of such default to correct the same prior to the non-defaulting party’s seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (90) day period, if the defaulting party shall commence curing the same within the thirty (90) day period and prosecute the curing of same with diligence and continuity, then the time within which such default may be cured shall be extended for such period as may be necessary to complete the curing of the same, but in any event not to exceed (6) months; and provided further, however, no default by a subsequent owner of a portion of the 660
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(e) In the event the performance of any obligation to be performed hereunder by any party hereto is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, with limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. (f) In addition to the remedies set forth above, in the event of a default by Developer, or any other party claiming an interest herein, City may withhold building permits for any lots within the Development until such time as the default is cured.

ARTICLE VIII

UNENFORCEABLE PROVISIONS

8.1 If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent be held invalid or unenforceable, the remainder of this instrument shall remain in full force and effect.

ARTICLE IX

ASSIGNMENT AND TRANSFER

9.1 After its execution, this Agreement shall be recorded in the office of the County Recorder.

Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Development, shall be appurtenant to and for the benefit of the Development, and shall run with the land. This Agreement shall be binding on the City, the Developer, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns; provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner’s parcel and shall not be responsible for duties and obligations or defaults as to other parcels or lots within the Development. The new owner of the Development or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee’s sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner’s lot or parcel.

ARTICLE X

GENERAL MATTERS
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10.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of California Government Code Section 65868 and Visalia Municipal Code, Chapter 17.60.

10.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

10.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Tulare County, California.

10.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below City:

City Clerk
City of Visalia
425 E. Oak Avenue
Visalia, CA 93292
Developer:

West Star Construction, Inc.

Owner:

Hayes Ranch LLC
or such other addresses and to such other persons as the parties may hereafter designate in writing to the other parties. Any such notice shall be deemed given upon delivery if by personal delivery, upon deposit in the United States mail, if sent by mail pursuant to the foregoing.

ARTICLE XI

MISCELLANEOUS

11.1 This Agreement may be modified only by means of a subsequently executed and acknowledged written agreement.
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11.2 In the event Developer fails to comply with the commitments set forth herein, within one hundred twenty (120) days of written notice of such failure from the City, in addition to any other remedies which the City may have available to it, the City shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Agreement, and to collect the direct costs associated with such action from Developer.

11.3 In the event that a judicial dispute arises regarding the enforcement or breach of this Agreement, then the prevailing party in such dispute shall be entitled to recover its attorney’s fees and costs reasonably incurred, including fees and costs incurred on appeal.

11.4 The applicable building codes for structures shall be the codes in effect when a complete application for a building permit is filed. Development impact fees, if imposed by ordinance, or amended shall be payable as specified in said ordinance or amendment even if the effective date is after the date of this Agreement or the annexation and/or rezone thereto.

11.5 Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, effective on the day and year first above written.

West Star Construction Inc.

Signature Date
Print Name
West Star Construction, Inc.

Company Name
Title
Hayes Ranch LLC
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Print Name
Hayes Ranch LLC
Company Name
Title

CITY OF VISALIA
Leslie Caviglia
City Manager/City Clerk Date
ATTEST:

Deputy City Clerk Date
APPROVAL AS TO FORM:

City Attorney Date
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0418 Agenda Date: 11/6/2023 Agenda #: 15.

Agenda Item Wording:

Authorize the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000, and a contract to FM3 Research for an amount not to exceed $39,500, with a total budget of $45,000, to assist in the preparation of a potential local sales tax measure for cannabis sales for the 2024 general election and identify potential cannabis regulations, and appropriate $85,000 from the General Fund.

Deadline for Action: 11/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, (559) 713-4190
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Background Discussion:

Senate Bill (SB) 1186, the “Medicinal Cannabis Patients’ Right of Access Act” was signed into law in late 2022. This state law, which becomes effective on January 1, 2024, will prohibit local agencies from enforcing any local regulations that prohibit the retail sale by delivery of medicinal cannabis.

After this date, “delivery only” (i.e., delivery of medicinal cannabis) businesses will be permitted, subject to reasonable zoning regulations for public health and safety, within the City of Visalia. This means that warehouse-based businesses could legally operate in the City of Visalia as long as they sold medicinal cannabis via delivery only (i.e., no retail store front).

Applicable local taxes can be charged under SB 1186, but no specific excise tax for cannabis currently exists within the city. At this time, when the law becomes effective on January 1, 2024, only the normal business license fees, at the same rate as other types of delivery businesses such as sales tax, could be charged. Given upcoming changes due to SB 1186 and further potential erosion of local control regarding cannabis sales within the State of California, staff acquired direction from Council on July 17, 2023 to seek out a consultant (via sole source) to draft a potential cannabis sales tax measure, which would be subject to review and approval by Council, and if authorized by Council, would be placed on the general election ballot in 2024 for consideration by the voters. The measure would not be proposing to legalize other types of cannabis sales. The tax would only authorize the City of Visalia to collect additional tax revenue from cannabis sales that state law has authorized to be conducted in Visalia or if the City Council, at a later date, decides to allow cannabis sales.

In addition, the consultant could assist staff with potential cannabis regulations and processes so the Visalia City Council Page 1 of 3 Printed on 11/3/2023
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File #: 23-0418 Agenda Date: 11/6/2023 Agenda #: 15.

In addition, the consultant could assist staff with potential cannabis regulations and processes so the City would be ready in the event additional state mandates prevent local agencies from restricting other types of cannabis businesses. These potential updates would require separate approval to be implemented but would be prepared to provide the City with an outline of an ordinance, primarily a selection process, in case future state law modifications require local agencies to broadly allow cannabis sales but allow for restrictions in the number of businesses. Business selection has been a contentious issue in other jurisdictions and City staff does not want to be unprepared if state law changes.

Staff is recommending contracting with two vendors to provide the services necessary:

1. HdL Companies: assists in the development, implementation, and enforcement of cannabis management programs for local governments in California. They have assisted over 175 cities or counties in California on cannabis related programs, including ordinance development and review, community outreach and education, merit-based application and permitting processes, cost recovery studies, compliance inspections, revenue audits, fiscal analyses and law enforcement training. Locally, they assisted the City of Hanford to establish their cannabis program. Staff would recommend contracting with HdL to develop the commercial cannabis tax measure, and draft regulatory framework for a potential program.

HdL’s proposal is for $30,000. However, staff is recommending a not to exceed amount of $35,000, with a total budget of $40,000, to accommodate additional billable hours for potential staff or council consultations and program design, public outreach, and in-person meeting attendance.

2. FM3 Research (Fairbank, Maslin, Maullin, Metz & Associates): provides public opinion research and strategy to assist with local tax measure efforts. The City has worked with FM3 on a number of occasions in the past and would recommend their services in this instance. As HdL does not provide these particular services offered by FM3, and public opinion research and strategy is critical for local tax measure efforts, staff is recommending contracting with FM3 as well.

FM3’s proposal is for $35,500 for 400 interviews and $39,500 for 500 interviews. Additional costs could include travel associated with any in-person meeting attendance requested. Staff is recommending a not to exceed amount of $39,500, with a total budget of $45,000.

Both proposals are attached for reference.

Fiscal Impact:

Staff is recommending that Council appropriate a total of$85,000 from the General Fund for services requested.

Prior Council Action:

On July 17, 2023, the City Council directed staff to initiate zoning ordinance update to implement reasonable zoning regulations in response to SB 1186 and hire a consultant, via a sole source contract, to assist staff with the preparation of a potential sales tax measure specifically for cannabis sales for the 2024 general election and to identify potential revisions to cannabis regulations in Visalia.

Other: N/A
Visalia City Council Page 2 of 3 Printed on 11/3/2023
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File #: 23-0418 Agenda Date: 11/6/2023 Agenda #: 15.

Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000, and a contract to FM3 Research for an amount not to exceed $39,500, with a total budget of $45,000, and appropriate $85,000 from the General Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

1. Professional service agreement - HdL

2. Professional service agreement - FM3

3. Service proposal - HdL

Visalia City CouncilNovember 6, 2023

Visalia City Council
November 6, 2023