Agenda packet — Visalia City Council, August 5, 2024 (part 6 of 6)

1398
Report List
Report No. Other IDs Year Author(s) Title Affiliation Resources SSJVIC Record Search 24-101
TU-00041 1995 Class I Overview, Santa Fe Pacific Pipeline Partners, L.P., Proposed Concord to Colton
Pipeline Project
BLM - Permit No. CA- Self, William William Self Associates 95-01-0004;
NADB-R - 1141258
TU-00103 1997 Cultural Resource Survey for the Selma to Bakersfield Fiberoptic Line, Southern San
Joaquin Valley, California
Wickstrom, Brian and KEA Environmental, Inc.

Anderson, Emily
54-003608, 54-003914, 54-003915,
54-003916, 54-003917
TU-01190 1957 Mitchell, Annie R. Jim Savage and the Tulareño Indians Westernlore Press TU-01501 2010 Verizon Cellular Communications Tower
Site - East Caldwell 1748 East Caldwell
Avenue (APN: 126-120-064) Visalia,
California 93292
O'Connell, Keith A. URS Corporation
TU-01659 2009 Historic Property Survey Report for Avenue 280 Road Widening Project, Tulare County,
California
Haley, Kathryn ICF Jones & Stokes 54-002179, 54-004887, 54-005056, 54-005057, 54-005058, 54-005059,
54-005060, 54-005061, 54-005062,
54-005063, 54-005064, 54-005065,
54-005066, 54-005067, 54-005068,
54-005069, 54-005070, 54-005071,
54-005072, 54-005073, 54-005074,
54-005075, 54-005076, 54-005077,
54-005078, 54-005079, 54-005080,
54-005081, 54-005082, 54-005083,
54-005084, 54-005085, 54-005086,
54-005087
Agency Nbr - EA
4C1214/4C1564
TU-01659A 2009 Avenue 280 Road Widening Project Historic Resources Evaluation Report
ICF Jones & Stokes (for Cal
Trans)
Haley, Kathryn
TU-01659B 2009 Avenue 280 Road Widening Project
Archaeological Survey Report
ICF Jones & Stokes (for Cal
Trans)
O'Brien, Traci

Page 1 of 1 ends

1399
<Double-click here to enter title>
SSJV Information Center Record Search 24-101
Requester: Heather Froshour; Soar Environmental Consulting Inc.

Project Name: Phase I Cultural Resources Assessment Report Cameron Ranch USGS 7.5' Quad(s): Visalia
County: Tulare
P-54-005064 P-54-005065
P-54-005063
P-54-005061 P-54-005062
P-54-005296
TU-01659
TU-01501
T
U-0
010
3 Project Area
Record Search radius . 0 0.075 0.15 0.3 Miles
0 0.1 0.2 0.4 Kilometers
May depict confidential cultural resource locations. Do not distribute.

Map pages depicting no data have been excluded.
1400
<Double-click here to enter title>
"Other" Reports
SSJV Information Center Record Search 24-101
Requester: Heather Froshour; Soar Environmental Consulting Inc.

Project Name: Phase I Cultural Resources Assessment Report Cameron Ranch USGS 7.5' Quad(s): Visalia
County: Tulare
TU-01190 TU-00041
Project Area
Record Search radius . 0 0.075 0.15 0.3 Miles
0 0.1 0.2 0.4 Kilometers
May depict confidential cultural resource locations. Do not distribute.

Map pages depicting no data have been excluded.
1401
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
48 APPENDIX B
Sacred Lands File & Native American Contacts List Request 1402
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
Soar Environmental Consulting, Inc. A Certified DVBE Corporation Sacred Lands File & Native American Contacts List Request Friday, March 1, 2024
Native American Heritage Commission
1550 Harbor Blvd., Suite 100
West Sacramento, CA 95691
Tel: 916.373.3710
Fax: 916.373.5471
[email protected]
RE: Phase I CEQA Cultural Resource Assessment Report for proposed housing development bounded by E Caldwell Ave and the Tulare Irrigation Ditch, Visalia, CA, 93292. APNs 124-010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007.

Dear Sir/Madam,
Please find attached one project location map, Sacred Lands File NA Contact Form, and Local Government Tribal Consultation List Request for the proposed housing development project in Visalia, California. The proposed project is situated on the Visalia, California (2021), USGS 7.5’ Series Quadrangle, T 19S, R 25E, S

9. The 43.6-acre project area is located on APNs 124-010-001, 124-010-002, 124-010-003, 124-010-005, 124- 010-007 and is bounded by E. Caldwell Ave and the Tulare Irrigation Ditch in Visalia, California. The project is for a proposed 178 lot housing development with a center at approximately WGS 84 11N 295548 E 4019172 N.

This letter is intended to inform you of the project and to help ensure compliance with the California Environmental Quality Act (CEQA). As part of the Cultural Resources Study for the project, we are requesting your insights on potential Native American cultural properties and resources in and/or near the project.

Please respond at your earliest convenience if you have any information to consider for this study.

Also, we would greatly appreciate if you could review the attached map and indicate to us if there are any concerns you might have or input regarding potentially sensitive cultural heritage values in the project area and vicinity.

Feel free to contact me by email at [email protected] or phone at 207.232.8912.

Most Sincerely,
Heather Froshour, M.A., R.P.A.

Sr. Archaeologist
Soar Environmental Consulting, Inc.
207.232.8912
1403
USGS Quadrangle Name:_______________________________________________________ Company/Firm/Agency:_________________________________________________________ Street Address:________________________________________________________________ City:______________________________________________ Zip:______________________ Phone:_____________________________________________
Fax:_______________________________________________
Email:_____________________________________________
Project Description:

Visalia, California, Tulare County, 7.5' Series
25E
Soar Environmental Consulting Inc.
1322 East Shaw Ave. Suite 400
Fresno 93710
(559)547-8884
[email protected]
The 43.6-acre project area is located on APNs 124-010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007 and is bounded by E. Caldwell Ave and the Tulare Irrigation Ditch in Visalia, California. The project is for a proposed 178 lot housing development with a center at approximately WGS 84 11N 295548 E 4019172 N.

Sacred Lands File & Native American Contacts List Request Native American Heritage Commission
1550 Harbor Blvd, Suite 100
West Sacramento, CA 95691
916-373-3710
916-373-5471 – Fax
[email protected]
Information Below is Required for a Sacred Lands File Search Project: _Phase I Cultural Resources Assessment Report Cameron Ranch_______________ County: Tulare_______________________________________________________________ Township:_ 19______ Range:______ Section(s):__ S 9________ 1404
Local Government Tribal Consultation List Request
Native American Heritage Commission
1550 Harbor Blvd, Suite 100
West Sacramento, CA 95691
916-373-3710
916-373-5471 – Fax
[email protected]
Type of List Requested
☐ CEQA Tribal Consultation List (AB 52) – Per Public Resources Code § 21080.3.1, subs. (b), (d), (e) and 21080.3.2 ☐ General Plan (SB 18) - Per Government Code § 65352.3.

Local Action Type:
___ General Plan ___ General Plan Element ___ General Plan Amendment ___ Specific Plan ___ Specific Plan Amendment ___ Pre-planning Outreach Activity Required Information
Project Title:____________________________________________________________________________ Local Government/Lead Agency: ___________________________________________________________ Contact Person: __________________________________________________________________________ Street Address: ___________________________________________________________________________ City:_____________________________________________________ Zip:__________________________ Phone:____________________________________ Fax:_________________________________________ Email:_____________________________________________
Specific Area Subject to Proposed Action
County:________________________________ City/Community: ___________________________ Project Description:

Additional Request
☐ Sacred Lands File Search - Required Information:

USGS Quadrangle Name(s):____________________________________________________________ ____________________________________________________________ Township:___________________ Range:___________________ Section(s):___________________ 1405
1406
STATE OF CALIFORNIA Gavin Newsom, Governor

NATIVE AMERICAN HERITAGE COMMISSION

Page 1 of 2 ends

March 11, 2024
Heather Froshour
Soar Environmental Consulting Inc.

Via Email to: [email protected]
Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Phase I Cultural Resources Assessment Report Cameron Ranch Project, Tulare County
To Whom It May Concern:

Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”) Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides:

Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section.

The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources.

The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as:

1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:

CHAIRPERSON
Reginald Pagaling
Chumash

VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

SECRETARY
Sara Dutschke
Miwok

PARLIAMENTARIAN
Wayne Nelson
Luiseño

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
Laurena Bolden
Serrano

COMMISSIONER
Reid Milanovich
Cahuilla

COMMISSIONER
Vacant

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok, Nisenan

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
1407

Page 2 of 2 ends

• A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites;
• Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and
• If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.

2. The results of any archaeological inventory survey that was conducted, including:
• Any report that may contain site forms, site significance, and suggested mitigation measures.

All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10.

3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was negative.

4. Any ethnographic studies conducted for any area including all or part of the APE; and

5. Any geotechnical reports regarding all or part of the APE.

Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource.

This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process.

If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current.

If you have any questions, please contact me at my email address: [email protected] Sincerely,
Murphy Donahue
Cultural Resources Analyst
Attachment

1408
County Tribe Name Fed (F)
Non-Fed (N)
Contact Person Contact Address Phone # Fax # Email Address Cultural Affiliation Santa Rosa Rancheria Tachi Yokut Tribe F Shana Powers, THPO P.O. Box 8 Lemoore, CA, 93245
(559) 423-3900 [email protected] Southern Valley Yokut Santa Rosa Rancheria Tachi Yokut Tribe F Samantha McCarty, Cultural Specialist ll
P.O. Box 8
Lemoore, CA, 93245
(559) 633-3440 [email protected] Southern Valley Yokut Santa Rosa Rancheria Tachi Yokut Tribe F Nichole Escalon, Cultural Specialist l
P.O. Box 8
Lemoore, CA, 93245
(559) 924-1278 [email protected] Southern Valley Yokut Tule River Indian Tribe F Neil Peyron, Chairperson P.O. Box 589 Porterville, CA, 93258
(559) 781-4271 (559) 781-4610 neil.peyron@tulerivertribensn.govYokut Wuksachi Indian Tribe/Eshom Valley Band N Kenneth Woodrow, Chairperson 1179 Rock Haven Ct.

Salinas, CA, 93906
(831) 443-9702 [email protected] Foothill Yokut
Mono
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code.

This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Phase I Cultural Resources Assessment Report Cameron Ranch Project, Tulare County.

Record: PROJ-2024-001375
Report Type: AB52 GIS
Counties: Tulare
NAHC Group: All
Native American Heritage Commission
Native American Contact List
Tulare County
3/11/2024
Counties Last Updated
Tulare Fresno,Kern,Kings,Merced,Monterey,San
Benito,San Luis Obispo,Tulare
10/3/2023
Fresno,Kern,Kings,Merced,Monterey,San
Benito,San Luis Obispo,Tulare
10/3/2023
Fresno,Kern,Kings,Merced,Monterey,San
Benito,San Luis Obispo,Tulare
10/3/2023
Alameda,Amador,Calaveras,Contra
Costa,Fresno,Inyo,Kern,Kings,Madera,Maripos
a,Merced,Monterey,Sacramento,San
Alameda,Calaveras,Contra
Costa,Fresno,Inyo,Kings,Madera,Marin,Maripo
sa,Merced,Mono,Monterey,San Benito,San
6/19/2023
03/11/2024 07:56 AM
1 of 1
1409
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
Soar Environmental Consulting, Inc. A Certified DVBE Corporation Thursday, March 14, 2024
Santa Rosa Rancheria Tachi Yokut Tribe
P.O. Box 8
Lemoore, CA, 93245
Phone: (559) 924-1278
[email protected]
RE: Proposed housing development bounded by E Caldwell Ave and the Tulare Irrigation Ditch, Visalia, CA, 93292. APNs 124- 010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007.

Dear Nichole Escalon, Cultural Specialist l,
Below, please find a description of the proposed project, a map showing the project location, and the name of our project point of contact, pursuant to Public Resources Code (PRC) § 21080.3.1 (d).

The proposed project is situated on the Visalia, California (2021), USGS 7.5’ Series Quadrangle, T 19S, R 25E, S 9. The 43.6-acre project area is located on APNs 124-010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007 and is bounded by E. Caldwell Ave and the Tulare Irrigation Ditch in Visalia, California. The project is for a proposed 178 lot housing development with a center at approximately WGS 84 11N 295548 E 4019172 N.
4Creeks, Inc. has requested a Phase 1 Archaeological Resource Assessment (Phase 1 CRA) to determine the potential for cultural resources prior to development, pursuant to state and local laws, including the California Environmental Quality Act (CEQA) and Tulare County guidelines. Soar Environmental Consulting Inc. (Soar Environmental) proposes to complete the Phase 1 study for the present project.

An important element of a Phase 1 study is to identify sites, resources, or locations of cultural importance to the local Native American community. As part of the process, Soar Environmental contacted the Native American Heritage Commission (NAHC) on March 1, 2024.

On March 11, 2024, Soar received a response letter from the NAHC indicating negative results of the Sacred Lands File search.

Furthermore, the NAHC identified your organization as a point of contact regarding potentially known recorded sites or cultural resources within Tulare County.

Soar contacted the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System on March 1, 2024. On March 11, 2024, SSJVIC revealed two (2) historic cultural resources within the project area. No archaeological sites are known within the project area. Three (3) previous surveys have been conducted within the project area. Four (4) historic cultural resources were identified within the ½-mile search radius of the project area. No historic properties on federal, state, or local inventories have been evaluated within the project area. Two (2) previous surveys have been conducted within a ½-mile radius of the project area. On March 12, 2024, Soar conducted an archeological pedestrian field survey of the project area. TWO (2) cultural resources were identified during the field survey, both historic-era single family homes located in the far northwest region of the Project area. These resources have been recorded, and will be included in the upcoming Phase 1 CRA.

Soar is contacting you to determine if you have any concerns regarding the proposed development. Pursuant to PRC § 21080.3.1 (d), you have 30 days from the receipt of this letter to request consultation, in writing, with Soar. Should you have any concerns or knowledge of cultural resources in the specific project area, please contact me at [email protected] or at (207) 232-8912 at your earliest convenience. If Soar does not hear from you within this time, we shall assume that you have no comments regarding this project.

Respectfully,
Heather Froshour, M.A., R.P.A.

Sr. Archaeologist
Soar Environmental Consulting, Inc.
1410
1411
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
Soar Environmental Consulting, Inc. A Certified DVBE Corporation Thursday, March 14, 2024
Santa Rosa Rancheria Tachi Yokut Tribe
P.O. Box 8
Lemoore, CA, 93245
Phone: (559) 633-3440
[email protected]
RE: Proposed housing development bounded by E Caldwell Ave and the Tulare Irrigation Ditch, Visalia, CA, 93292. APNs 124- 010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007.

Dear Samantha McCarty, Cultural Specialist ll,
Below, please find a description of the proposed project, a map showing the project location, and the name of our project point of contact, pursuant to Public Resources Code (PRC) § 21080.3.1 (d).

On March 11, 2024, Soar received a response letter from the NAHC indicating negative results of the Sacred Lands File search.

Furthermore, the NAHC identified your organization as a point of contact regarding potentially known recorded sites or cultural resources within Tulare County.

Respectfully,
Heather Froshour, M.A., R.P.A.

Sr. Archaeologist
Soar Environmental Consulting, Inc.
1412
1413
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
Soar Environmental Consulting, Inc. A Certified DVBE Corporation Thursday, March 14, 2024
Santa Rosa Rancheria Tachi Yokut Tribe
P.O. Box 8
Lemoore, CA, 93245
Phone: (559) 423-3900
[email protected]
RE: Proposed housing development bounded by E Caldwell Ave and the Tulare Irrigation Ditch, Visalia, CA, 93292. APNs 124- 010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007.

Dear Shana Powers, THPO,
Below, please find a description of the proposed project, a map showing the project location, and the name of our project point of contact, pursuant to Public Resources Code (PRC) § 21080.3.1 (d).

On March 11, 2024, Soar received a response letter from the NAHC indicating negative results of the Sacred Lands File search.

Furthermore, the NAHC identified your organization as a point of contact regarding potentially known recorded sites or cultural resources within Tulare County.

Respectfully,
Heather Froshour, M.A., R.P.A.

Sr. Archaeologist
Soar Environmental Consulting, Inc.
1414
1415
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
Soar Environmental Consulting, Inc. A Certified DVBE Corporation Thursday, March 14, 2024
Tule River Indian Tribe
P.O. Box 589
Porterville, CA, 93258
Phone: (559) 781-4271
[email protected]
RE: Proposed housing development bounded by E Caldwell Ave and the Tulare Irrigation Ditch, Visalia, CA, 93292. APNs 124- 010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007.

Dear Neil Peyron, Chairperson,
Below, please find a description of the proposed project, a map showing the project location, and the name of our project point of contact, pursuant to Public Resources Code (PRC) § 21080.3.1 (d).

On March 11, 2024, Soar received a response letter from the NAHC indicating negative results of the Sacred Lands File search.

Furthermore, the NAHC identified your organization as a point of contact regarding potentially known recorded sites or cultural resources within Tulare County.

Respectfully,
Heather Froshour, M.A., R.P.A.

Sr. Archaeologist
Soar Environmental Consulting, Inc.
1416
1417
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
Soar Environmental Consulting, Inc. A Certified DVBE Corporation Thursday, March 14, 2024
Wuksachi Indian Tribe/Eshom Valley Band
1179 Rock Haven Ct.

Salinas, CA, 93906
Phone: (831) 443-9702
[email protected]
RE: Proposed housing development bounded by E Caldwell Ave and the Tulare Irrigation Ditch, Visalia, CA, 93292. APNs 124- 010-001, 124-010-002, 124-010-003, 124-010-005, 124-010-007.

Dear Kenneth Woodrow, Chairperson,
Below, please find a description of the proposed project, a map showing the project location, and the name of our project point of contact, pursuant to Public Resources Code (PRC) § 21080.3.1 (d).

On March 11, 2024, Soar received a response letter from the NAHC indicating negative results of the Sacred Lands File search.

Furthermore, the NAHC identified your organization as a point of contact regarding potentially known recorded sites or cultural resources within Tulare County.

Respectfully,
Heather Froshour, M.A., R.P.A.

Sr. Archaeologist
Soar Environmental Consulting, Inc.
1418
1419
Corporate Headquarters
1322 E. Shaw Avenue, Suite 400 Fresno, CA, 93710
www.soarhere.com • 559.547.8884
66 APPENDIX C
Staff Resumes
1420
1322 E. Shaw Avenue, Suite 400, Fresno, CA 93710
www.soarhere.com ● 559.547.8884
Practical Experience
Ms. Froshour is a registered professional archaeologist and cultural resources specialist with extensive experience in field and technical work. This experience including cultural resources monitoring, site survey, phase 1-3 excavations, and anthropology on various projects throughout the United States. She has a combined 8 years of experience in academic, consulting, museum, and public archaeology, and has worked in CRM since 2013 throughout various regions of the United States. Primary states of focus have included Maine, Massachusetts, Louisiana, Georgia, Virginia, Arizona, and California. She routinely assesses cultural resources for project related effects and their significance, provides cultural resource mitigation services, directs archaeological surveys of both excavation and pedestrian methods, and prepares documents for Section 106 of the NHPA, CEQA, and NRHP. Ms.

Froshour also has experience working alongside trial monitors through survey with in the Colorado River and Mendocino National Forest regions. She has worked alongside the USDA Forest Service to provide post-fire monitoring and mitigation recommendations.

Ms. Froshour is certified by the Register for Professional Archeologists (Registrant ID: 5457).

Highlighted Projects
California High-Speed Rail Authority Construction Package 1, Cultural Resources Support, March 2023-Present
Heather is the Cultural Resources Support for this construction package. As such, she oversees staff archaeologist cultural reporting, monitoring, and artifact processing on the 33- mile right of way in Fresno and Madera Counties.

SOAR Environmental Consulting, Senior Archaeologist, January 2023-Present Senior Archaeologist, Phase I Cultural Resources Assessment, Visalia, California Provided desktop research, supervised the 2 person crew site pedestrian survey, full Phase 1 report, and Cultural Resources Initial Study for rezoning and housing subdivision construction project in Tulare County.

Senior Archaeologist, Phase I Cultural Resources Evaluation, Yokuts Valley, California
Provided desktop research, tribal consultation, and full Phase 1 report for the construction a new saber transmission tower to accompany existing USACE and CAL FIRE structures on a 100 square feet area on top of Bear Mountain in Fresno County.

Senior Archaeologist, Phase I Cultural Resources Evaluation, Shirley Meadows, California
Provided desktop research, tribal consultation, and full Phase 1 report with DPR forms for the construction a new saber transmission tower, and concrete masonry shelter enclosed in an 8 foot tall wire fence on a 100 square feet area on top of Shirley Peak in Kern County.

Senior Archaeologist, Phase I Cultural Resources Evaluation, Mountain Ranch, California
Provided desktop research, tribal consultation, and full Phase 1 report with DPR forms for the construction a new saber transmission tower, and propane tank enclosed in an 8 foot tall wire fence on a 100 square feet area on top of Quiggs Mountain in Calaveras County.

Heather Froshour
Senior Archaeologist
12 Years of Relevant Experience
Biography
Ms. Froshour’s background emphasises
archaeology, anthropology, and cultural
resources monitoring.

Education
• M.A. in Historical Archaeology, November
2014. University of Leicester, Leicester, UK.
• B.A. in Anthropology/Geography, June
2010. University of Southern Maine,
Gorham/Portland, ME.

Professional Development
• 8 hr training in Wilderness Firest Aid (Sierra
Rescue International)
• Adult, Child, Infant C.A.R.E. CPR & First Aid
Training (Sierra Rescue International)
• Driver/Operator
Professional Affiliations
• Register of Professional Archaeologists
• CHRIS Qualified Archaeologist
• Society of American Archaeology - SAA
• Society of Historical Archaeology - SHA
Technical Expertise
• Lithic Analysis
• Technical Report Writing
• Lab analysis
• Cultural Monitoring
• Site Surveying – Phases 1-3
• Excavation
• Metal Detection
• Auguring
• Research
• MS Office
• Collector for ArchGIS
1421
1322 E. Shaw Avenue, Suite 400, Fresno, CA 93710
www.soarhere.com ● 559.547.8884
Senior Archaeologist, Phase I Cultural Resources Assessment, Glennville, California
Provided desktop research, site pedestrian survey, tribal consultation, and full Phase 1 report for the construction a new saber transmission tower, CMU block shelter, and parking lot enclosed in a wire fence on a 100 square feet area on top of Mount Pheasant in Kern County.

Senior Archaeologist, Phase I Cultural Resources Assessment, Bakersfield, California
Provided desktop research, site pedestrian survey, and full Phase 1 report for rezoning project and multiple family residence construction project.

Senior Archaeologist, Phase I Cultural Resources Assessment, Joshua Tree, California
Provided desktop research, site pedestrian survey, and full Phase 1 report for upscale yurt campground construction project.

Post Fire Fuels and Priority Heritage Asset Assessment Surveys, Grindstone Region, CA (June 2022-December 2022). The Great Basin Institute, Archaeological Crew Lead.

Phase I pedestrian surveys and site recording on post-wildfire burned landscapes within the Mendocino National Forest. Overseeing a small crew in the field survey, site recording, and completion of extensive USDA Forest Service site reports and mapping of cultural resources in the area. Ensured that all pertinent data is documented and reported to Forest Services standards with specific attention to current field conditions, disturbances, vegetation, terrain, and geospatial data of cultural resources. Provided day to day support of the crew and worked as a liaison between the Great Basin Institute and Mendocino National Forest personnel. Conducted Section 106 and Section 110 Priority Heritage Asset assessments of archaeological resources throughout the eastern region of the Mendocino. Assisted in final Phase 1 survey report writing.

Various Cultural Resource Management Survey Projects, GA & NC (June 2021- April 2022). TerraXplorations, Inc., Archaeology Field Director.

Phase I shovel testing in various locations throughout Georgia, in addition to a single project just outside of Raleigh, NC. These projects include road, bridge, and culvert improvement surveys as well as solar tract, farm, and generator surveys. All projects were conducted in 30m intervals along transect within the ESB of the survey area. All positive shovel tests were then delineated in 15m interval cruciform to determine site boundaries. Several projects required the use of metal detection grids in order to thoroughly survey areas of known Civil War activity. A number of projects for the Georgia Department of Transportation also required the probing of areas within the project ESB that were located within 1km from a known cemetery, with potential anomalies delineated and all results fully recorded. Duties include overseeing and directing field crews in locating, collecting, recording, and interpreting data from the survey. The supervision of personnel, including aiding in hiring and firing, performance reviews, training, work allocation, and problem resolution. Ensuring safe work practices and directing morning safety meetings to address potential hazards and safety concerns in the areas scheduled for fieldwork that day. Participation in field and office meetings with PIs and company owners to address scheduling and management procedures based on client needs as well as those of state and federal regulations and requirements. 1422
1322 E. Shaw Avenue, Suite 400, Fresno, CA 93710
www.soarhere.com ● 559.547.8884
Cultural Resource Management Survey Project, VAM-1 and Glasgow Pipeline Replacement, VA (May 2021-June 2021). TerraXplorations, Inc., Archaeology Crew Chief.

Phase I shovel test excavations from the replacement of the VAM-1 and Glasgow natural gas pipelines in the Blue Ridge Mountains, near the Appalachian Trail. Evaluated and conducted field work in various conditions in primarily mountainous terrain. Under direct supervision helped to manage and organize field crew in order to complete the project in a timely and efficient manner. Maintained field equipment and assisted in the writing and compilation of all field paperwork. Personally in charge of the majority of all mappings of and oversight of field crew for sites throughout the project area.

Various Cultural Resource Management Survey Projects, LA & MS (August 2020- May 2021). TerraXplorations, Inc., Archaeology Field Technician.

Phase I shovel test excavations for bank mitigation in North Eastern Mississippi along the Buttahatchee River. Phase III survey of two projects; the historic St. Amelia Plantation in Welcome, Louisiana and an unnamed prehistoric village in Plaquemine, Louisiana. The phase III projects both required excavating the foundations of various structures, and in the case of the prehistoric site excavating and mapping postholes within pits. The projects also required drawing plan views, and stratigraphic profiles, as well as feature and level write-ups. Unit excavations included 1mx1m to 3mx3m units, with a few requiring the extension of existing units to chase out observed features and artifact clusters.

Various Cultural Resource Management Survey Projects, ID & WI (June 2020 -July 2020). Tetra Tech, Inc., Archaeology Field Technician.

Phase I pedestrian surveying of various wind and solar farm projects throughout corn and soybean fields.

Cultural Resource Management Survey, Acadiana to Gillis, LA (January 2020-March 2020). BGE, Inc., Archaeology Field Technician.

Phase I shovel test excavations of proposed natural gas pipeline between Acadian and Gillis, Louisiana. This project entailed the excavation of 30mx30m units with distance varying based on HPA and LPA guidelines (a spacing of 30m to 50m respectively). A requirement of the survey was to maintain daily investigation point forms for individual shovel test units. In addition to this, it was required to aid in recording artifacts and photos of sites found throughout the project.

Various Cultural Resource Management Survey Projects, MN & IA (November 2019-December 2019). In Situ Archeological Consulting LLC, Archaeology Field Technician.

Phase I pedestrian surveying of various natural gas and cellular tower projects, as well as Phase II field work entailing the excavation of 45cmX45cm test units and GPS data collection.

The projects also occasionally required the writing of site forms, and research for future projects at the Minnesota SHPO collections.

Cultural Resource Management Survey, Ten West Link Project, CA & AZ (August 2019-October 2019). POWER Engineers Inc., Archaeology Field Technician.

Phase I pedestrian survey of the proposed 500 kV transmission line connecting electrical substations in Tonopah, Arizona and Blythe, California. This project entailed working in one of five teams, and often included 1-2 tribal monitors from the Colorado River Indian Tribes. The right of way crews used a 400ft buffer for the corridor, with each team using a 15m spread to survey the proposed transmission line. This survey required the use of a Trimble GPS system to navigate the corridor and plot both isolate and site locations for GIS and recording crew 1423
1322 E. Shaw Avenue, Suite 400, Fresno, CA 93710
www.soarhere.com ● 559.547.8884
Kevin Rowland
Archaeologist Biography
Mr. Rowland provides expertise in archaeology for field support and technical writing in multiple states including California and, recently, in the Southeastern United States. His performance includes all phases of cultural resources evaluations per State and Federal environmental law as an archaeological field director, technician, Crew Chief, and metal detection specialist. Kevin works in various environments, from sugar cane fields in Louisiana to the mountains of Virginia and the Central Valley of California. He exhumes human remains and recovers prehistoric artifacts and metal artifacts. Experience working with Ground Penetrating Radar (GPR).

Work Experience
2023 – Soar Environmental Consulting, Inc., Archaeologist Working on the California Department of Fish and Wildlife wildfire resiliency program on public lands.
2020 - 2023 – Terraxplorations, Inc. – Field Director/Historian/Metal Detection Specialist. Phase 1 through Phase 3 studies.
2023, Archaeological field Director, North Carolina, (2023.158) Phase I. Included grave locating and relocating.
2022 Archaeological Field Director, Atlanta Georgia Cemetery GPR work. 2021-2022, Archaeological Field Director, Georgia, GDOT 285 Phase I November 2020: Archaeology Field Technician at Caledonia MS (Phase I Survey) November 2020-January 2021: Archaeological Field Technician at Formosa Group, Louisiana (16SJ70) Phase II
October 2020: Archaeological Field Technician at Reserve LA (Phase I Survey) 2020: Archaeological Field Technician at SLM, Louisiana (16SJ80) 2018: Archaeological Field Technician at the Levi Colbert Prairie site, Mississippi (22MO1246)
Education
Southern New Hampshire
University: M.A. History, 2023
Mississippi State University:

B.A. Anthropology, 2018
Mississippi University for
Women: B.A. History, 2014
East Mississippi Community
College: A.A. Liberal Arts, 2010
Key Skills
Identifying cultural resources
in historical battlefields.

Exhuming, identifying, and
moving remains.

Technical report writing.

Ground penetrating radar
Historical research
1424
1322 E. Shaw Avenue, Suite 400, Fresno, CA 93710
www.soarhere.com ● 559.547.8884
Kevin Rowland
Archaeologist Biography
Mr. Rowland provides expertise in archaeology for field support and technical writing in multiple states including California and, recently, in the Southeastern United States. His performance includes all phases of cultural resources evaluations per State and Federal environmental law as an archaeological field director, technician, Crew Chief, and metal detection specialist. Kevin works in various environments, from sugar cane fields in Louisiana to the mountains of Virginia and the Central Valley of California. He exhumes human remains and recovers prehistoric artifacts and metal artifacts. Experience working with Ground Penetrating Radar (GPR).

Exhuming, identifying, and
moving remains.

Technical report writing.

Ground penetrating radar
Historical research
1425
Appendix D
Energy Calculations
1426
Construction Equipment Energy Use
Phase Name Off Road Equipment Type Off Road Equipment Unit Amount1
Usage Hours
Per Day1
Horse Power
(lbs/sec)1 Load Factor1
Total
Operational
Hours
BSFC2 Fuel Used
(gallons)3 MBTU4
Demolition Rubber Tired Dozers 0 8 247 0.4 0 0.367 0.00 0 Demolition Concrete/Industrial Saws 0 8 81 0.73 0 0.408 0.00 0 Demolition Excavators 0 8 158 0.38 0 0.408 0.00 0
Site Preparation Rubber Tired Dozers 3 8 247 0.4 720 0.367 3672.37 510.4601 Site Preparation Graders 0 8 187 0.41 0 0.367 0.00 0
Site Preparation Tractors/Loaders/Backhoes 4 8 97 0.37 960 0.408 1977.41 274.8597 5649.78 Grading Excavators 2 8 158 0.38 1200 0.367 3719.46 517.0044 Grading Graders 1 8 187 0.41 600 0.367 2374.84 330.1027 22539.42 Grading Rubber Tired Dozers 1 8 247 0.4 600 0.367 3060.31 425.3834 Grading Scrapers 2 8 367 0.48 1200 0.367 10913.05 1516.914 Grading Tractors/Loaders/Backhoes 2 8 97 0.37 1200 0.408 2471.76 343.5747 Building Construction Cranes 1 7 231 0.29 5180 0.367 17914.19 2490.073 96219.31 Building Construction Forklifts 3 8 89 0.2 17760 0.408 18143.23 2521.909 Building Construction Generator Sets 1 8 84 0.74 5920 0.408 21119.54 2935.615 Building Construction Tractors/Loaders/Backhoes 3 7 97 0.37 15540 0.408 32009.30 4449.292 Building Construction Welders 1 8 46 0.45 5920 0.408 7033.05 977.5939 Paving Pavers 2 8 130 0.42 880 0.367 2480.46 344.7844 6174.64 Paving Paving Equipment 2 8 132 0.36 880 0.367 2158.82 300.0761 Paving Rollers 2 8 80 0.38 880 0.408 1535.35 213.4139
Paving Cement and Mortar Mixers 0 8 9 0.56 0 0.408 0.00 0 Paving Tractors/Loaders/Backhoes 0 8 97 0.37 0 0.408 0.00 0 Architectural Coating Air Compressors 1 6 78 0.48 330 0.408 709.09 98.56353 Total 131292.23 18249.62
Construction Phases
PhaseNumber Phase Name Phase Type
Phase Start
Date Phase End Date
Num Days
Week
Total Number
of Days
1 Demolition Demolition 5
2 Site Preparation Site Preparation 1/1/2025 2/11/2025 5 30 3 Grading Grading 2/12/2025 5/27/2025 5 75
4 Building Construction Building Construction 8/6/2025 6/6/2028 5 740 5 Paving Paving 6/7/2028 8/22/2028 5 55
6 Architectural Coating Architectural Coating 8/23/2028 11/7/2028 5 55 Notes

1. CalEEMod Default Values Used

3. Fuel Used = Load Factor x Horsepower x Total Operational Hours x BSFC / Unit Conversion

4. MBTU calculated for comparison purposes. Assumed 1 gallon of diesel = 0.139 MBTU

2. BSFC - Brake Specific Fuel Consumption (pounds per horsepower‐hour) – If less than 100 Horsepower = 0.408, if greater than 100 Horsepower = 0.367 1427
Mobile Energy Use (Construction)
Worker Trips
Daily Worker
Trips1
Worker Trip
Length1 VMT/Day MPG Factor
(EMFAC2017)
Gallons of
Gas/Day # of Days Total Gallons of Gas MBTU Total Gallons in Construction Demolition 0 10.8 0 29.23 0.0 0 0.0 0 0
Site Preparation 18 10.8 194.4 29.23 6.7 30 199.5 23.1624 5849 Grading 20 10.8 216 29.23 7.4 75 554.2 64.33999 23094
Building Construction 303 10.8 3272.4 29.23 112.0 740 82845.6 9617.542 179065 Paving 15 10.8 162 29.23 5.5 55 304.8 35.387 6479
Architectural Coating 61 10.8 658.8 29.23 22.5 55 1239.6 143.9071 1949 Total N/A N/A N/A N/A N/A 955 85143.8 9884.339 216436
Vendor Trips
Daily Vendor
Trips
Vendor Trip
Length VMT/Day MPG Factor Gallons of Diesel/Day # of Days Total Gallons of Diesel MBTU Building Construction 112 7.3 817.6 8.43 97.0 740 71770.34401 9976.078 Hauling Trips
Daily Hauling
Trips
Hauling Trip
Length VMT/Day MPG Factor Gallons of Gas/Day # of Days Total Gallons of Diesel MBTU Demolition 0 7.3 0 8.43 0.0 0 0 0
Fleet Characteristics 71770.34401
Vehicle Class Fleet Mix
2024 MPG Factor
(EMFAC2017)
Average MPG
Factor
LDA 33% 33.24
LDT1 33% 28.07
LDT2 33% 26.38
MHD 50% 9.74
HHD 50% 7.12
Notes

1. CalEEMod Default values used

2. MBTU calculated for comparison purposes. Assumed 1 gallon of gasoline = 0.11609 MBTU Assumed Vehicle Fleet for
Workers 29.23
Assumed Vehicle Fleet for
Vendor Trips 8.43
1428
Mobile Energy Use (Operations)
Total Annual
VMT from
Project
(CalEEMod) 4,356,848
Fleet Mix & Fuel Calculations
Gas Diesel Gas Diesel Gas Diesel Gas Diesel
LDA 52.16% 2272531.9 100% 0% 2268364.46 4167.46 28.92 42.70 78425.6 97.6 9118.0 LDT1 21.00% 914938.1 100% 0% 914599.78 338.30 23.79 24.66 38452.5 13.7 4465.9 LDT2 17.00% 740664.2 100% 0% 738274.48 2389.68 23.27 32.65 31732.9 73.2 3694.0 MDV 6.00% 261410.9 98% 2% 257275.63 4135.25 18.87 23.72 13635.9 174.3 1607.2 LHD1 0.08% 3485.5 50% 50% 1739.18 1746.30 9.67 15.77 179.8 110.7 36.3 LHD2 0.09% 3921.2 27% 73% 1061.43 2859.73 8.58 13.15 123.7 217.5 44.6 MHD 0.76% 33112.0 18% 82% 5910.91 27201.13 4.80 8.78 1231.4 3097.8 573.5 HHD 2.00% 87137.0 0% 100% 19.15 87117.81 3.37 6.22 5.7 14013.6 1948.5 OBUS 0.00% 0.0 63% 37% 0.00 0.00 4.79 6.96 0.0 0.0 0.0
UBUS 0.43% 18734.4 64% 36% 12076.55 6657.90 8.41 12.12 1436.1 549.2 243.0 MCY 0.25% 10892.1 100% 0% 10892.12 0.00 40.47 NA 269.2 0.0 31.2 SBUS 0.01% 435.7 38% 62% 165.39 270.29 9.83 8.13 16.8 33.3 6.6 MH 0.22% 9585.1 65% 35% 6259.63 3325.43 4.41 9.39 1418.2 354.1 213.9 Total 100.00% 4356848.0 4216638.71 140209.29 14.55 166928 18735 21982.8 Fleet Characteristics 23.5
Source: EMFAC 2021 (v1.0.1) Emissions Inventory
Region Type: County
Region: Tulare County
Calendar Year: 2028
Season: Annual
Vehicle Classification: EMFAC2007 Categories
Units: miles/year for VMT, trips/year for Trips, tons/year for Emissions, 1000 gallons/year for Fuel Consumption

GASOLINE
Region
Calendar
Year
Vehicle
Category Model Year Speed Fuel Population VMT (Annual) Trips (Annual) Fuel
Consumption
(1000 gal/year)
Annual Fuel
Consumption
(gallons) MPG
Tulare County 2025 HHDT Aggregated Aggregated GAS 2 164 36 0.0486 49 3.37 Tulare County 2025 LDA Aggregated Aggregated GAS 62800 2580000 292000 89.2 89200 28.92 Tulare County 2025 LDT1 Aggregated Aggregated GAS 5590 186000 24100 7.82 7820 23.79 Tulare County 2025 LDT2 Aggregated Aggregated GAS 29000 1140000 135000 49 49000 23.27 Tulare County 2025 LHDT1 Aggregated Aggregated GAS 2670 97700 39800 10.1 10100 9.67 Tulare County 2025 LHDT2 Aggregated Aggregated GAS 336 12100 5010 1.41 1410 8.58 Tulare County 2025 MCY Aggregated Aggregated GAS 3370 19100 6750 0.472 472 40.47 Tulare County 2025 MDV Aggregated Aggregated GAS 27500 983000 125000 52.1 52100 18.87 Tulare County 2025 MH Aggregated Aggregated GAS 356 3200 36 0.725 725 4.41 Tulare County 2025 MHDT Aggregated Aggregated GAS 176 10800 3520 2.25 2250 4.80 Tulare County 2025 OBUS Aggregated Aggregated GAS 73 3870 1460 0.808 808 4.79 Tulare County 2025 SBUS Aggregated Aggregated GAS 28 1750 110 0.178 178 9.83 Tulare County 2025 UBUS Aggregated Aggregated GAS 12 497 47 0.0591 59 8.41 DIESEL
Region Calendar Year
Vehicle
Category Model Year Speed Fuel Population VMT Trips
Fuel
Consumption
(1000 gal/year)
Annual Fuel
Consumption
(gallons) MPG
Tulare County 2025 HHDT Aggregated Aggregated DSL 4890 746000 88700 120 120000 6.22 Tulare County 2025 LDA Aggregated Aggregated DSL 159 4740 658 0.111 111 42.70 Tulare County 2025 LDT1 Aggregated Aggregated DSL 4 69 12 0.00279 3 24.66 Tulare County 2025 LDT2 Aggregated Aggregated DSL 88 3690 422 0.113 113 32.65 Tulare County 2025 LHDT1 Aggregated Aggregated DSL 2760 98100 34700 6.22 6220 15.77 Tulare County 2025 LHDT2 Aggregated Aggregated DSL 871 32600 11000 2.48 2480 13.15 Tulare County 2025 MDV Aggregated Aggregated DSL 424 15800 1950 0.666 666 23.72 Tulare County 2025 MH Aggregated Aggregated DSL 196 1700 20 0.181 181 9.39 Tulare County 2025 MHDT Aggregated Aggregated DSL 1060 49700 12400 5.66 5660 8.78 Tulare County 2025 OBUS Aggregated Aggregated DSL 32 2240 390 0.322 322 6.96 Tulare County 2025 SBUS Aggregated Aggregated DSL 135 2860 1950 0.352 352 8.13 Tulare County 2025 UBUS Aggregated Aggregated DSL 3 274 14 0.0226 23 12.12 Notes

1. Used project-specific vehicle fleet mix for residential

2. Proportion of diesel vs. gasoline vehicles calculated based on total annual VMT for each vehicle class

3. MBTU Calculated for comparison purposes. Assumed 1 gallon of gasoline = 0.116090 MBTU and 1 gallong of diesel = 0.139 MBTU Vehicle Class Proportion of
Fleet Mix1
Annual VMT
by Vehicle
Class
MBTU/Year3
Annual Fuel Use from Project
(gallons)
Fuel Efficiency (MPG) by
Vehicle Class and Fuel Type
(EMFAC2021)
Annual VMT by Vehicle Class
and Fuel Type
Proportion of vehicle class
using gas or diesel
(EMFAC2021)2
1429
Appendix E
Agricultural Mitigation
1430
Cameron Ranch Estates
Agricultural Mitigation Memo

EXISTING CONDITIONS
The proposed Project Site is located within the City of Visalia Planning Area, just outside City Limits, in Tulare County. The site is 2.5 miles southwest of Visalia's downtown, south of the intersection of Ben Maddox Way at Caldwell Avenue. The Project involves construction on APN 124-010-007 & 005. The site is 43.6 acres and features a level topography with single-family homes to the north and west and agricultural area to the south and east. Currently, the location is used for farming and includes undeveloped land. The site is pre-zoned for R-1-5 (Single Family Residential, 5,000 Square Foot Minimum Site Area) and is currently awaiting annexation by the City of Visalia. It is currently zoned as AE-20 (Exclusive Agriculture, 20 Acre Minimum Site Area) by Tulare County. It is designated for Very Low-Density Residential use under the General Plan Designation.

The site is 43.6 acres in total. 41.7 acres are designated as Prime Farmland by the 2018 FMMP. The remaining 1.9 acres are designated as Semi-agriculture and Rural Commercial Land. Although the site is mostly Prime Farmland, it is designated for Low-Density Residential uses by the Visalia General Plan. The proposed project will follow this designation.

Visalia is planning for growth in this area due to its proximity to similar uses. Single-family homes currently exist to the north and west of the site. Farmland currently exists to the south and east of the site, however, these farmlands are designated as Low-Density Residential, Medium Density, Parks/Recreation and public/institutional by the Visalia General Plan. The site borders the existing Visalia City boundaries and is located within Visalia’s Tier 2 Urban Development Boundary. These factors, along with the existing infrastructure and development in the surrounding area, make this site an ideal location for annexation and new development.

MITIGATED FARMLAND
The Project Site is not exempt from the Program. The Site is within the Tier 2 UBD and is larger than five acres. Following the Program’s policies, the 1.9 acres designated as Semi-Agricultural and Rural Commercial Land will be exempt. The remaining 41.7 acres are Prime Farmland, which has been used for irrigated agricultural production in the past four years, and both soil types are listed on the Soil Candidate Listing for Prime Farmland. However, of these 41.7 acres, 8.34 will be roadways and .75 acres will be a public park. According to the Program, public facilities, including roadways and parks, are excluded from the mitigation. The remaining 32.61 acres will need to be mitigated.

The farmland for the mitigation would follow all requirements set out in the Visalia Municipal Code Chapter 18.04. This includes:

1. The preserved land will be in the southern San Joaquin Valley and will be outside Visalia’s City Limits/Sphere of Influence.

2. The preserved land will designated as prime farmland.

3. The preserved land shall be a minimum of 20 contiguous acres in size. 1431

4. The preserved land will be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

5. The preserved land will have at least one verified source of water.

6. The preserved land will not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement.

IMPACTS OF PROJECT
The Project Site is currently occupied by agricultural land with orchard crops. Implementation of the proposed Project would result in the permanent conversion of approximately 41.7 acres of Prime Farmland to non-agricultural uses.

The loss of Prime Farmland on the Project Site would result in the decrease of Important Farmland inventory in the Visalia Planning Area. Visalia Planning Area currently has an Important Farmland inventory of 43,155 acres, 33,991 acres of which were categorized as Prime Farmland. Implementation of the Project would convert 41.7 acres of Prime Farmland which would result in a 0.097% percent decrease in the total Important Farmland inventory of Visalia Planning Area and a 0.123% percent decrease in the Prime Farmland inventory.

Mitigation Measure AG-1 will secure 32.61 acres of permanent Prime Farmland outside of Visalia’s development boundaries to reduce this impact.

BENEFITS OF PROJECT AND MITIGATION
While the Project will impact the farmland inventory, it will bring benefits to Visalia. The Project will add new housing close to the existing City. This will reduce the need for housing further away, which would potentially add transportation and infrastructure impacts. Additionally, separating farmland from existing residential neighborhoods is ideal for both the farmland and neighborhoods. It will reduce the amount of noise in the neighborhoods and reduce the potential for pollution on the farmland. This Project and mitigation will secure permanent farmland outside of Visalia’s development boundaries. This will ensure that the agricultural uses will exist long-term and will not be impacted in the future.

ALTERNATIVES
Reduced Project Size
To remain under the Program’s requirements, the Project would need to develop on less than 20 acres of Prime Farmland. If only 20 acres of the Prime Farmland were developed, the Project would be reduced to approximately 80 homes. This action would decrease the availability of homes in Visalia, which contradicts the City's housing objectives. Additionally, this would drive development to other areas of Visalia as people search for housing elsewhere.

No Project
The No Project alternative would leave the site as it currently is. This would preserve the existing Prime Farmland; however, it would not add housing to Visalia. This would not be consistent Visalia’s housing goals, and lead to development in other areas. As previously discussed, this is an ideal location for new development and annexation into the City of Visalia. If the onsite farmland is preserved, it will eventually be surrounded by new development due to General Plan land designations and Visalia’s housing demands.
1432

MITIGATION
Mitigation Measure AG-1: Following Visalia Municipal Code Chapter 18.04: Agricultural Land Preservation Program, the developer will acquire a minimum of 32.61 acres of Prime Farmland. This land will be located in the southern San Joaquin Valley, but outside of Visalia’s Sphere of Influence.

This farmland will be preserved for long-term agricultural uses.

California Farmland Mapping and Monitoring Program (FMMP) The FMMP is implemented by the California Department of Conservation (DOC) to conserve and protect agricultural lands within the State. Land is included in this program based on soil type, annual crop yields, and other factors that influence the quality of farmland. The FMMP mapping categories for the most important statewide farmland are as follows:
• Prime Farmland has the ideal physical and chemical composition for crop production. It has been used for irrigated production in the four years prior to classification and can produce sustained yields. 51% of the Visalia Planning Area is classified as Prime Farmland. • Farmland of Statewide Importance has also been used for irrigated production in the four years prior to classification and is only slightly poorer quality than Prime Farmland. 11% of the Visalia Planning Area is classified as Farmland of Statewide Importance. • Unique Farmland has been cropped in the four years prior to classification and does not meet the criteria for Prime Farmland or Farmland of Statewide Importance but has produced specific crops with high economic value. Less than 1% of the Visalia Planning Area is classified as Unique Farmland.
• Farmland of Local Importance encompasses farmland that does not meet the criteria for the previous three categories. These may lack irrigation, produce major crops, be zoned as agricultural, and/or support dairy. 2% of the Visalia Planning Area is classified as Farmland of Local Importance.

Visalia Municipal Code Chapter 18.04: Agricultural Land Preservation Program Chapter 18.04 of the Visalia Municipal Code details the Agricultural Land Preservation Program (Program) in Visalia. The agricultural land preservation program intends to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects.

Easement Acquisition: The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon. This shall include the conveyance of land within an agricultural land mitigation bank.

Determination of Preserved Land Obligation: The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions.

All projects authorized by the City that would result in the conversion of prime farmland or farmland of statewide importance are subject to the provisions detailed in the Program. Projects can be exempt or excluded from the Program due to:
1433

1. Location. Projects, or portions thereof, located on lands that are not within the Tier II Urban Development Boundary or the Tier III Urban Growth Boundary.

2. Size. Projects of five acres or less in gross area. The City may disallow the use of this exemption if it finds that the subject property has been subdivided into five-acre or smaller parcels in whole or in part to avoid the preserved land obligation in accordance with this chapter.

3. Prior Compliance. Projects on sites that have demonstrated compliance with the provisions of this chapter for affected acreage.

Projects consistent with any of the following criteria are not subject to the provisions of this chapter and shall be excluded from the preserved land obligation Such exclusions may comprise the entire project area or may be a portion of the project area acreage. Only such portions of the project area that falls within any of the following categories shall be excluded.

1. Farmland Designation. Acreage not designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation.

2. Farmland Designation. Acreage that may be designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation but meets at least one of the following standards.
o Land Use. The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar years. o Soils. The soil type is not listed on the Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance for Tulare County, as maintained by the Department of Conservation for purposes of the FMMP.

3. Project Type or Use. The following projects are exempt from the Program:
o Affordable housing projects that comply with State Density Bonus Law. o Agricultural processing uses.
o Agricultural buffers.
o Public facilities.
o Roadways.

Eligibility of Land for Easement. The preserved land shall meet all the following requirements to be eligible for placement in an agricultural conservation easement:

1. The preserved land shall be in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recently published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size. 1434

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

5. The preserved land shall have at least one verified source of water.

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

Eligibility of In-Lieu Fee Payment. To be eligible for payment of an in-lieu fee to satisfy the preserved land obligation, either of the following standards must be met.

1. The total preserved land obligation is less than 20 acres.

2. If the total preserved land obligation is 20 acres or more, the applicant must demonstrate at least one of the following to the satisfaction of the City:
a. No qualified entity exists;
b. The applicant has met with all qualified entities and all such entities are unable or unwilling to assist with the acquisition of an agricultural conservation easement, as certified in writing to the City; or
c. Working with a qualified entity, the applicant has made at least one good faith offer to purchase an agricultural conservation easement, but any and all such offers have been declined by the potential seller, as certified in writing to the City.

City of Visalia General Plan
The 2030 General Plan includes the policies related to agricultural resources that correlate to the proposed Project:
• LU-P-14: Recognize the importance of agriculture-related business to the City and region, and support the continuation and development of agriculture and agriculture related enterprises in and around Visalia by:
o Implementing growth boundaries and cooperating with the County on agricultural preservation efforts;
o Accommodating agriculture-related industries in industrial districts; o Facilitating successful farmers’ markets;
o Helping to promote locally grown and produced agricultural goods, and the image of Visalia and Tulare County as an agricultural region.
• LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.
• LU-P-21: Allow annexation and development of residential, commercial, and industrial land to occur within the Tier II UDB and the Tier III Urban Growth Boundary consistent with the City’s Land Use Diagram, according to the stated phasing thresholds. • LU-P-30: Maintain greenbelts, or agricultural/open space buffer areas, between Visalia and other communities by implementing growth boundaries and working with Tulare County and land developers to prevent premature urban growth north of the St. Johns River and in other sensitive locations within the timeframe of this General Plan. 1435
• LU-P-31: Promote the preservation of permanent agricultural open space around the City by protecting viable agricultural operations and land within the City limits in the airport and wastewater treatment plant environs.
• LU-P-32: Continue to maintain a 20-acre minimum for parcel map proposals in areas designated for Agriculture to encourage viable agricultural operations in the Planning Area. • OSC-P-27: To allow efficient cultivation, pest control and harvesting methods; require buffer and transition areas between urban development and adjoining or nearby agricultural land. • OSC-P-28: Require new development to implement measures, as appropriate, to minimize soil erosion related to grading, site preparation, landscaping, and construction.

Tulare County General Plan
The 2030 Tulare County General Plan contains following policies related to agricultural resources that correlate to the proposed project:
• AG-1.1: The County shall maintain agriculture as the primary land use in the valley region of the County, not only in recognition of the economic importance of agriculture, but also in terms of agriculture’s real contribution to the conservation of open space and natural resources.
• AG-1.6: The County shall consider developing an Agricultural Conservation Easement Program (ACEP) to help protect and preserve agricultural lands (including “Important Farmlands”), as defined in this Element. This program may require payment of an in-lieu fee sufficient to purchase a farmland conservation easement, farmland deed restriction, or other farmland conservation mechanism as a condition of approval for conservation of important agricultural land to non-agricultural use. If available, the ACEP shall be used for replacement lands determined to be of statewide significance (Prime or other Important Farmlands), or sensitive and necessary for the preservation of agricultural land, including land that may be a part of a community separator as part of a comprehensive program to establish community separators. The in-lieu fee or other conservation mechanism shall recognize the importance of land value and shall require equivalent mitigation. • AG-1.7: The County shall promote the preservation of its agricultural economic base and open space resources through the implementation of resource management programs such as the Williamson Act, Rural Valley Lands Plan, Foothill Growth Management Plan or similar types of strategies and the identification of growth boundaries for all urban areas located in the County.
• AG-1.8: The County shall not approve applications for preserves or regular Williamson Act contracts on lands located within a UDB and/or HDB unless it is demonstrated that the restriction of such land will not detrimentally affect the growth of the community involved for the succeeding 10 years, that the property in question has special public values for open space, conservation, other comparable uses, or that the contract is consistent with the publicly desirable future use and control of the land in question. If proposed within a UDB of an incorporated city, the County shall give written notice to the affected city pursuant to Government Code §51233.
• AG-1.10: The County shall oppose extension of urban services, such as sewer lines, water lines, or other urban infrastructure, into areas designated for agriculture use unless necessary to resolve a public health situation. Where necessary to address a public health issue, services 1436
should be located in public rights-of-way in order to prevent interference with agricultural operations and to provide ease of access for operation and maintenance. Service capacity and length of lines should be designed to prevent the conversion of agricultural lands into urban/suburban uses.
• AG-1.11: The County shall examine the feasibility of employing agricultural buffers between agricultural and non-agricultural uses, and along the edges of UDBs and HDBs. Considering factors include the type of operation and chemicals used for spraying, building orientation, planting of trees for screening, location of existing and future rights-of-way (roads, railroads, canals, power lines, etc.), and unique site conditions. • LU-1.8: The County shall encourage and provide incentives for infill development to occur in communities and hamlets within or adjacent to existing development in order to maximize the use of land within existing urban areas, minimize the conversion of existing agricultural land, and minimize environmental concerns associated with new development. • LU-2.1: The County shall maintain agriculturally-designated areas for agriculture use by directing urban development away from valuable agricultural lands to cities, unincorporated communities, hamlets, and planned community areas where public facilities and infrastructure are available.
• PF-1.2: The County shall ensure that urban development only takes place in the following areas:
o Within incorporated cities and CACUDBs
o Within the UDBs of adjacent cities in other counties, unincorporated communities, planned community areas, and HDBs of hamlets
o Within foothill development corridors as determined by procedures set forth in Foothill Growth Management Plan
o Within areas set aside for urban use in the Mountain Framework Plan and the mountain sub-area plans; and
o Within other areas suited for non-agricultural development, as determined by the procedures set forth in the Rural Valley Lands Plan.
• PF-1.3: The County shall encourage those types of urban land uses that benefit from urban services to develop within UDBs and HDBs. Permanent uses which do not benefit from urban services shall be discouraged within these areas. This shall not apply to agricultural or agricultural support uses, including the cultivation of land or other uses accessory to the cultivation of land provided that such accessory uses are time-limited through Special Use Permit procedures.
• PF-1.4: The County shall encourage urban development to locate in existing UDBs and HDBs where infrastructure is available or may be established in conjunction with development. The County shall ensure that development does not occur unless adequate infrastructure is available, that sufficient water supplies are available or can be made available, and that there are adequate provisions for long term management and maintenance of infrastructure and identified water supplies.
1437
Figure 1-1: Important Farmland Map
1438
Figure 1-2: Land Use Map
1439
Figure 1
-3: Soils Map
1440
Appendix F
Biochemical Oxygen Demand and Total
Suspended Solids Calculations
1441
April 26, 2024
Community Development Department
Planning Department
315 E. Acequia Ave.

Visalia, CA 93291
Re: Cameron Ranch Estates – Biochemical Oxygen Demand and Total Suspended Solids Calculations
To Whom It May Concern,
We have prepared the calculations below using the best available standards and practices that were able to find. Our calculations reference a report prepared by Provost and Prichard titled Local Discharge Limits Development, that was prepared for the City of Visalia in March 2011, see Appendix A. We have also utilized the City of Visalia’s Sewer Master Plan, December 2005, to calculate an assumed volume of effluent for the proposed project. See below for the equation that will be utilized to calculate the assumed BOD and TSS that will be generated by the proposed project. 1442
Cameron Ranch Estates is a new project being proposed by Artemis Partners LLC. The project is Located on the southeast corner of Ben Maddox and Caldwell Avenue. The project is proposing to develop 43.6 Gross Acres into a residential subdivision. Using Table 3.4 from the City of Visalia’s Sewer Master Plan, the expected flow rates can be calculated using the Adjusted Flow Coefficients that have been provided.

Table 1: Breakdown of Land Use for Phase 1
Land Use Acreage Adjusted Flow Coefficient Expected
Flow
Unit
Low Density ResidenƟal 43.6 800 34880 GPD
Total Expected Flow: 34880 GPD
UƟlizing the equaƟon and coefficients previously provided, we can calculate BOD as Follows:

𝐴𝐻𝐿௪ௗ௥ =
(8.34)(𝐶௪ௗ௥)൫𝑄௪௪௧௙൯
൫1 − 𝑅௪௪௧௙൯
Where:

𝐶௪ௗ௥ = 30
𝑄௪௪௧௙ = .048 𝑀𝐺𝐷
𝑅௪௪௧௙ = .9881
𝑩𝑶𝑫 = 𝟕𝟑𝟑. 𝟑𝟔 𝑳𝒃/𝑫𝒂𝒚
1443
UƟlizing the equaƟon and coefficients previously provided, we can calculate TSS as Follows 𝐴𝐻𝐿௪ௗ௥ =
(8.34)(𝐶௪ௗ௥)൫𝑄௪௪௧௙൯
൫1 − 𝑅௪௪௧௙൯
Where:

𝐶௪ௗ௥ = 30
𝑄௪௪௧௙ = .048 𝑀𝐺𝐷
𝑅௪௪௧௙ = .9865
𝑻𝑺𝑺 = 𝟔𝟒𝟔. 𝟒𝟒 𝑳𝒃/𝑫𝒂𝒚
Please review the calculaƟons provided and if there are any addiƟonal quesƟons or informaƟon needed, please feel free to contact me at (559)802-3052.

Jonathan J. Frausto
Project Manager
1444
General Plan
Land Use Map
S Burke St
E Caldwell Ave
S Pinkham St
S Tracy St
S Ben Maddox Way
S Cain St
E Dorothea Ave
S Kennedy St
S Bradley St
S Thomas St
S Cotta St
E Reese Ave
E Russell Ave
E La Salle Ave
E Monte Verde Ave
S Byrd St
E Elkorn Ave
E La Vida Ave
E Cameron Ave
S Michael St
S Meadowbrook St
S Stover St
E Monte Vista Ave
S Tipton St
E Loyola Ave
E Arlen Ave
S Edison St
E La Vida Ct
E Victor Ave
SE Sunnyside Ct
E Chestnut Ct
E Parkview Ave
S Irma St
S Tipton Ct
E Sunnyside Ave
S Cain Ct
S Jensen St
S Bradley Ct
E Sunnyside Ave
E La Vida Ave
E Arlen Ave
E Monte Vista Ave
E Caldwell Ave
Vicinity Map
Dinuba RigginMooney CourtDemareeMain
Walnut
Goshen
Houston
Noble Lovers Lane
Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Conservation
Commercia Mixed Use
Commercial Neighborhood
Public Institutional
Parks/Recreation
Residential High Density
Residential Low Density
Residential Medium Density
Project Site
0 0.05 0.1 0.2 Miles
1445
Zoning Map
S Santa Fe St
S Burke St
E Caldwell Ave
Ave 272
S Pinkham St
S Tracy St
S Ben Maddox Way
S Cain St
E Dorothea Ave
S Kennedy St
S Bradley St
S Thomas St
S Cotta St
E Reese Ave
E La Vida Ave
E Monte Verde Ave
E Russell Ave
E La Salle Ave S Byrd St
E Elkorn Ave
S Michael St
S Meadowbrook St
E Monte Vista Ave
S Stover St
E Arlen Ave
S Tipton St
E Loyola Ave
E La Vida Ct
S Irma St
E Victor Ave
SE Sunnyside Ct
E Chestnut Ct
E Monte Vista Ave
SE La Vida Ct
E Sunnyside Ave
S Jensen St
S Bradley Ct
E Caldwell Ave
E Monte Verde Ave
E Monte Vista Ave
E Arlen Ave
E Victor Ave
E La Vida Ave
Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
C-N Neighborhood Commercial
C-MU Mixed Use Commercial
.

QP Quasi-Public
R-1-5 Single-family Residenital
R-M-2 Multi-family Residenital
R-M-3 Multi-family Residenital
County Areas
Project Site
0 0.07 0.15 0.3 Miles
1446
Aerial Map
Ave 272
S Santa Fe St
S Court St
S Burke St
E K Ave
E Caldwell Ave
S Ben Maddox Way
E Monte Verde Ave S Pinkham St
E La Vida Ave
E Victor Ave
E Cherry Ave
S Villa St
Ave 271
S Bridge St
E Dorothea Ave
S Kennedy St
S Bradley St
S Thomas St
S Kloth Dr
E Reese Ave
Rd 128
E Russell Ave
S Irma St
E Mary Ave
E La Salle Ave
E Arlen Ave
E Copper Ave
S Byrd St
E Visalia Pkwy
E Cameron Ave
E Beech Ave
S Edison St
E Parkview Ave
S Tipton St
E Loyola Ave
S Cedar St
E Mesa Ave
S Oakhurst St
S Clark St
S Cain St
E Mesa Ct
S Garden St
E Beech Dr
S Bradley Ct
E La Vida Ct
E Country Ave
S Michael St
E Packwood Ave
S Ross St
S Sheridan Ct
E Ashland Ct
S Tracy St
E Sunnyside Ct SE Sunnyside Ct
E Chestnut Ct
E Monte Vista Ave
SE La Vida Ct
E North View Ave
E South View Ave S Tipton Ct
S Spruce Ct
E Beech Ave
S Pinkham St
E K Ave
S Tracy St
E Cameron Ave
S Bridge St
E Arlen Ave E Arlen Ave
E Dorothea Ave
S Cedar St
E Caldwell Ave
E La Vida Ave
E Reese Ave
E Arlen Ave
E Chestnut Ct

CAMERON
TULARE IRRI. DIST.

Vicinity Map
Dinuba RigginMooney DemareeMain
Walnut
Goshen
Houston
Noble
Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Project Site
0 0.13 0.25 0.5 Miles
1447
Vicinity
E Caldwell Ave
E Monte Verde Ave
S Pinkham St
S Ben Maddox Way
E Dorothea Ave
S Kennedy St
S Bradley St
E K Ave
S Thomas St
E Reese Ave
E La Vida Ave
E Russell Ave
S Irma St
E La Salle Ave
S Burke St
S Byrd St
E Elkorn Ave
E Cameron Ave
S Meadowbrook St
S Stover St
S Edison St
E Arlen Ave
E Copper Ave
E Loyola Ave
E Mesa Ave
S Clark St
S Cain St
E Mesa Ct
E Monte Vista Ave
S Virmargo St
S Bradley Ct
E Copper Ct
E La Vida Ct
S Michael St
E Packwood Ave
S Sheridan Ct
S Tracy St
E Victor Ave
SE Sunnyside Ct
E Chestnut Ct
E Monte Vista Ave
E Parkview Ave
S Oakhurst Ct
SE La Vida Ct
S Cain Ct
S Cotta St
E Sunnyside Ave
S Jensen St
E Sunnyside Ave
E Caldwell Ave
S Burke St
E Mesa Ct
E Chestnut Ct
E Monte Vista Ave
S Edison St
E Arlen Ave E Arlen Ave
E Copper Ct
S Cain St
S Tracy St
S Cotta St

CAMERON
TULARE IRRI. DIST.

Vicinity Map
Dinuba RigginMooney Demaree Court
Main
Walnut
Goshen
Houston
Noble Lovers Lane Caldwell Akers Hwy 99 Shirk
Pla
za
Betty
Hwy 198
.

Project Site
0 0.07 0.15 0.3 Miles
1448
City of Visalia
City Council Meeting
August 5, 2024
Annexation No. 2024-02
1449
City Council Public Hearing
August 5, 2024
Project Description
➢Annexation No. 2024-02 is a
request to annex 46.01-acres.
➢Upon annexation, entire annexation
area will be zoned R-1-5.
➢Annexation was filed along with
Tentative Subdivision Map.
1450
Caldwell
Ben Maddox
1451 N
1452
City Council Public Hearing
August 5, 2024
Project Description
➢Cameron Ranch Estates subdivision
proposes to subdivide 43.6-ac. area.
➢178-lot SFR subdivision with 0.77-ac.
pocket park.
➢Developed at a density of 4.08 u/a.
➢Subdivision will utilize standard R-1-5
development requirements.
➢Subdivision will be serviced by 60-ft.
wide local streets.
1453
Caldwell
Ben Maddox
1454 N
1455
City Council Public Hearing
August 5, 2024
Annexation
➢Necessary to bring site into the
City’s land use jurisdiction
(supported per LU-P-21).
➢Site can be served w/ utilities and
infrastructure.
➢Tentative subdivision map approval
subject to approval of annexation.
1456
City Council Public Hearing
August 5, 2024
Project Evaluation
General Plan Land Use Consistency
➢Project is consistent w/ General Plan.
➢Developed at 4.08 DUA.
➢LU-P-19: growth occurs in a compact &
concentric fashion.
➢LU-P-21: Annexation of lands in Tier 2.
➢LU-P-55: Project consistent with RLD.
➢LU-P-34: Subject to City APO.
1457
City Council Public Hearing
August 5, 2024
Project Evaluation
➢A majority of site in ag. production
(orchard) w/ a portion of the
subdivision project area developed with
an SFR (Remainder).
➢Urban development to the north and
west (Diamond Oaks subdivision).
➢Annexation of site will take in the
immediate S/E corner.
1458
City Council Public Hearing
August 5, 2024
Subdivision
➢Cameron Ranch Estates meets all
codified standards.
➢General Plan policies pertaining to
residential development.
➢Low Density Residential allows
range of 2 - 10 DUA.
➢Map is compatible with the
surrounding development pattern.
1459
City Council Public Hearing
August 5, 2024
Subdivision
➢Most lot sizes are ±5,000 sq. to up
±10,000 sq. ft. for lots located on
“knuckle lots”.
➢Setbacks are as follows:
➢0.77-ac. pocket park and LLD Lots.
1460
City Council Public Hearing
August 5, 2024
Project Description
➢Primary access from Ben Maddox
(arterial) & Caldwell Ave. (arterial).
➢Improvements to ultimate R.O.W.
➢Improvements include:
1461
City Council Public Hearing
August 5, 2024
Street Improvements
Ben Maddox
➢Designated 110-ft. wide arterial.
➢Improvements include:
➢Block wall, streetlights, curb, gutter, sidewalk,
landscaping.
➢Landscape and Lighting District lots along
major street frontage.
➢Construct center Median.
➢Pave out entire street.
1462
Looking south on Ben Maddox
Pavement
to curb line
1463
N
Construction
of median
island
Caldwell
1464
City Council Public Hearing
August 5, 2024
Street Improvements
Caldwell Ave
➢All Caldwell Ave. improvements begin done
as part of City CIP.
➢Designed at 110-ft. divided arterial.
➢Caldwell CIP is anticipated to be bid for
construction August 2024.
➢Project will be required to install their
Landscape and Lighting District Out lots.
1465
Visalia Planning Commission Hearing
August 9, 2010
Looking east on Caldwell Ave.
1466
City Council Public Hearing
August 5, 2024
Street Improvements
Local Streets
➢Designed to provide superblock
connectivity.
➢Access via the local street connectivity
pattern within a superblock.
➢Local street connection to east via future
culvert crossing (conditioned as part of the
subdivision map).
1467
Visalia Planning Commission Hearing
August 9, 20101468
City Council Public Hearing
August 5, 2024
Recommendation
Staff recommends the following actions:

1.Certify Initial Study / MND No. 2024-19
(Resolution No. 2024-41); and

2.Initiate proceedings with the LAFCO (Resolution
No. 2024-42); and

3.Authorize the detachment of the property from
County Service Area No. 1; and

4.Authorize the City Manager to enter into a PreAnnexation Agreement. 1469
City Council Public Hearing
August 5, 2024
Recommendation
➢Basis for Findings:
➢Consistent with General Plan,
Housing Element, Housing
Accountability Act, Zoning and
Subdivision Ordinances.
1470
City Council Public Hearing
August 5, 2024
Questions?
1471
1472
County Area
Project Site
Caldwell
Santa Fe
Ben Maddox
K Ave.

Pinkham
N
1473
Caldwell
Ben Maddox
1474 N
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0307 Agenda Date: 8/5/2024 Agenda #: 2.

Agenda Item Wording:

Municipal Code Amendment - First Reading of Ordinance 2024-09 amending Chapters 12.32 and

12.52 of the Visalia Municipal Code relating to conduct in City Parks, Recreation Areas and other Public Property.

Deadline for Action: 8/5/2024
Submitting Department: Administration
Contact Name and Phone Number: Ken Richardson, City Attorney, 559-372-2400 Department Recommendation:

It is recommended that the City Council approve the First Reading of Ordinance 2024-09 amending Chapters 12.32 and 12.52 of the Visalia Municipal Code relating to conduct in City Parks, Recreation Areas and other Public Property.

Background Discussion:

The ordinance presented for Council consideration will bring full circle a comprehensive update to the Visalia Municipal Code provisions regulating activities in the City’s parks and recreation areas that started back in 2017. At that time, Chapter 12.32 regulating the activities in the City’s parks and recreation areas did not reflect current practices, most notably it did not include provisions related to the reservation of certain park spaces and facilities. Nor did Chapter 12.32 address the prohibition of an increasing number of different activities that were incompatible with the traditional park and recreation activities for which these spaces were created. While this latter category was largely related encampments of unhoused persons in City parks and along trails that were occurring at that time, it also included things such as the use of inflatable bounce houses in the parks. In response, staff formed a working committee that included select members of the Parks and Recreation Commission and the Waterways and Trails Committee to develop proposals, and in some cases specific language, for various code revisions to address those challenges and otherwise bring Chapter 12.32 up to date.

The committee’s revisions and proposals culminated after several months of study and discussion.

Their evaluation included review of public contacts documented in the City’s own Park Ranger Reports as well as park ordinances from several other agencies. In July 2018, the committee’s proposals and revisions were transmitted to various City Departments and the City Attorney’s office for review and further input. In the course of legal review and the development of the ordinances to implement the committee’s proposals, the 9th Circuit Court of Appeals decision in the case of Martin v. City of Boise (the “Boise case”) was issued in September, 2018, necessitating additional research, review and analysis to understand its implications on the proposed code revisions being developed to address the impacts of unhoused person activities on park uses and resources.

Visalia City Council Page 1 of 4 Printed on 8/2/2024
powered by Legistar™1475
File #: 24-0307 Agenda Date: 8/5/2024 Agenda #: 2.

The core holding in the Boise case was that public agencies could not criminalize the act of an unhoused person sitting, lying or sleeping on public property so long as there is no low barrier shelter available. The court devoted considerable discussion as to why it believed that the ”condition of being homeless” should not be criminalized, but did concede generally that public agencies did not have to allow homeless persons to sit, lie or sleep in all public places at all times, and that certain time, place and manner restrictions could be legally defensible.

In consideration of maximizing the limited amount of control afforded the City under the Boise case, revisions to the draft ordinances for the comprehensive update were modified to account for the Boise case as noted in italics below, and moved forward for City Council consideration and approval in August, 2019. The comprehensive update as presented and ultimately approved included all of the following:
· A comprehensive and detailed definition section was developed to add depth and detail to the description of activities to be regulated and/or prohibited. · The permitting process for the exclusive reservation and use of certain park areas and facilities was updated to reflect current practices codified. · Regulations pertaining to closure of parks and designated hours were updated, including limited exceptions for unhoused persons to comply with the Boise case. · Provisions were added allowing for the temporary closure of any park or recreation facility, or designated part thereof, by the City Manager or designee, for purposes of construction and maintenance activities, or when it is determined that a hazardous condition or threat to public safety exists.
· The existing provisions on the prohibition on alcoholic beverage use in parks was updated to comport with current practices and policies.
· New detailed and comprehensive provisions prohibiting camping activities in parks and along trails, as well as prohibitions on the use of tents or temporary enclosed structures, were added to specifically prevent the formation of encampments, while still also including a narrowly tailored exception for unhoused persons to comply with the Boise case. · New provisions expressly prohibiting the storage of personal belongings in parks were added, with detailed regulations relating to notice of impoundment, ability to reclaim impounded personal belongings and City’s storage of same, and ultimate disposal where items have been abandoned, including a limited exceptions for unhoused persons to comply with the Boise case.
· New provisions prohibiting fires in parks, use of fireworks, possession of firearms or weapons, prohibitions on certain commercial activities, littering and dumping, swimming, bathing, washing and fishing in water features, nudity, smoking were added. · New provisions prohibiting bounce houses and the like without a permit were added. · Existing prohibitions and regulations related to operation of vehicles in parks, vandalism of park amenities, animals in parks, golfing, use of hazardous games and devices, glass containers, amplified music, use of generators, and use of sports courts were updated and strengthened.
· Existing provisions related to removal and suspension of a person from the use of park and recreation facilities for disorderly conducted or repeated violations of the municipal code have been updated and strengthened.

Visalia City Council Page 2 of 4 Printed on 8/2/2024
powered by Legistar™1476
File #: 24-0307 Agenda Date: 8/5/2024 Agenda #: 2.

In December, 2019, the City Council considered and approved corresponding revisions to Chapter

12.52 which included many of the same detailed definitions included in Chapter 12.32, and ensured that camping activities were prohibited in all other public places outside of the parks, with a narrowly tailored exception to allow camping at night in certain areas along trails in order to comply with the Boise case holding.

In short, the comprehensive updates to the Visalia Municipal Code described above were crafted to walk right up against the line drawn by the Boise case, and with an eye towards providing staff with the most effective tools possible without exposing the City to costly legal challenges. By utilizing narrowly tailored exceptions to very robust prohibitions, it was intended that only nominal modification of Chapters 12.32 and 12.52 would be needed for full enforcement as envisioned in 2018 should the Boise case holding one day be overturned.

That day has now come. The United States Supreme Court reviewed the Ninth Circuit’s holding in the Boise case during its most recent session in the case of City of Grants Pass v. Johnson (the “Grants Pass case”). In its decision issued on June 28, 2024, the United States Supreme Court overturned the Ninth Circuit’s holding that issuing criminal citations to unhoused persons camping in public places was a violation of their 8th Amendment right against cruel and unusual punishment. In doing so, it cleared the way for public agencies to once again enforce prohibitions on camping on public property.

It is worth noting that Governor Newsome signed on to an amicus brief in the Grants Pass case supporting the city’s argument that the Boise case holding should be overturned. In response to the recent decision, he issued Executive Order N-1-24 on July 25, 2024, directing state agencies to begin the process of clearing unhoused encampments from state property, and directing the California Interagency Council on Homelessness to develop guidance and provide technical assistance for local governments to follow in implementing their local homelessness programs.

As noted above, the ordinance presented for Council consideration brings the City full circle by eliminating the exceptions in Chapter 12.32 and Chapter 12.52 for camping, use of tents and enclosed structures, and storage or personal property in parks and on trails that were noted above.

By doing so, under those Chapters, camping and the use of tents, as well as the storage of personal property, on any and all City property at any time will be prohibited and subject to citation under the Visalia Municipal Code. When the parks and trails close in the evening, they will be closed to all, no exceptions.

It is important to note that the Grants Pass case is not necessarily about providing public agencies with new tools so much as it is about returning tools that were taken away in 2018. Reinstating the ability of City personnel to issue administrative citations, as well as infraction and misdemeanor citations, while important, is but one of many tools to address the exceedingly complex issues and challenges facing City personnel in their interactions with the unhoused population in the City of Visalia. There remain a number of impediments within the various processes and stages of the local criminal justice system that can and do limit the effectiveness of this particular tool, and expectations should be tempered accordingly.

In addition to the changes discussed above, staff is taking this opportunity to propose minor amendments to Section 12.32.045 and 12.32.070 related to the manner and location of signage for park hours and warning signage regarding prohibition on alcohol use in the parks. Staff has found the Visalia City Council Page 3 of 4 Printed on 8/2/2024
powered by Legistar™1477
File #: 24-0307 Agenda Date: 8/5/2024 Agenda #: 2.
present language requiring signage every 300 feet to be too restrictive insofar as it can result in an over proliferation of signage beyond what is needed to provide the public with adequate notice. The proposed revisions provide staff with the discretion to locate such signage in a common-sense manner that preserves the aesthetic features of the parks and trails while also providing legally defensible notice to the public.

This ordinance is also proposed to be processed as an “urgency” ordinance, which if approved by a 4/5ths majority of Council would take effect immediately upon adoption, rather than the 30 day period required by Article VI, Section 7 of the Charter of the City of Visalia and Government Code Section 36937. Consistent with the Charter and Government Code subsection 36937(b), as well as Executive Order No. N-1-24, the City Council can and should find that due to the amount of dangerous and unlawful activity presently occurring in parks and public spaces related to camping activities occurring in those spaces, sufficient urgency exists such that this ordinance should take effect immediately upon adoption in order to ensure the immediate preservation of public peace, health and safety.

Fiscal Impact:

N/A
Prior Council Action: Approve Ordinance 2019-07 amending Chapter 12.32 of the Visalia Municipal Code relating to City Parks and Recreation Areas on August 5, 2019. Approve Ordinance 2019-17 to update Visalia Municipal Code Chapter 12.52, Sections 12.52.010-12.52.050 which regulates conduct on public property on December 3, 2019.

Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives: 1. Refer all or parts of the ordinance back to staff and City Attorney for further review; or, 2. Direct staff and City Attorney not to process any amendments; or, 3. Continue the matter to a future City Council meeting for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to approve the First Reading of Ordinance 2024-09.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Ordinance 2024-09, Existing Text Chapter 12.32 and Chapter 12.52, Newsome Executive Order N-1-24
Visalia City Council Page 4 of 4 Printed on 8/2/2024
powered by Legistar™1478
ORDINANCE NUMBER 2024-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTERS 12.32 and 12.52 OF THE VISALIA MUNICIPAL CODE

RELATING TO CONDUCT IN CITY PARKS, RECREATION AREAS AND OTHER

PUBLIC PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

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

A. The City of Visalia, in developing and updating these ordinances, is mindful of legal principles relating to regulation of activity and events on public property, including public parks, recreation areas and trails, sidewalks and other public spaces. The City Council desires to enact reasonable regulations that address the need to coordinate multiple uses of our public spaces, prevent dangerous, unlawful, or impermissible activities on public property, and ensure the preservation and financial accountability of public facilities and their use.

B. The City Council, in enacting these ordinances, continues to take notice of both past and recent decisions of United States and California legislative and judicial branches regarding regulation of activity in public spaces in general.

C. Our public parks are used for a variety of purposes including periodic heavy use by families with children. Park usage may be limited by the large number of people that use our public parks and by other aspects of each park, including shape, location, nature of the amenities, and competing uses of facilities.

D. Many of the City’s parks, trails and sidewalks are adjacent to busy streets, residential areas, and commercial zones, and it is our continued desire for public spaces to serve as “good neighbors” to the surrounding community.

E. Some portions of the City’s park, trail, basin and riparian spaces are not available for general, passive use as they are dedicated to special uses such as playgrounds, tennis, pickleball, basketball and volleyball courts, softball and soccer facilities, barbeque pits, exercise areas and walking trails, concert areas and skateboard facilities, while other areas may be dedicated to waterways, riparian spaces and water features.

F. Many of the specialized areas of City parks and trails are heavily and constantly used. Passive park space is also very heavily utilized by individuals who jog, 1479
2 walk, read and lounge, as well as by informal groups who stroll, play games, chat and have parties and picnics in City parks, as well as by organized groups, such as schools, companies, churches, and the City itself use the public parks for picnics, festivals, community events, recreation classes, rallies and demonstrations.

G. In order to ensure the continued safety of those using public parks, recreation areas and trails, sidewalks and other public spaces, activities and the use of related equipment that may be dangerous to the health and safety of others must be limited to designated areas, or prohibited altogether.

H. City parks and trails are designed to facilitate temporary experiences within set hours of operation, in order to ensure the ability of City personnel to properly maintain the grounds and limited use facilities outside of those hours. In keeping with this requirement, temporary, permanent or overnight encampments are not permitted without a special use permit.

I. The City Council hereby determines and finds that due to the amount of dangerous and unlawful activity presently occurring in parks and public spaces, sufficient urgency exists in accordance with Article VI, Section 7 of the Charter of the City of Visalia, Government Code Section 36937(b) and Governor Gavin Newsome’s Executive Order No. N-1-24 issued on July 25, 2024, such that this ordinance should take effect immediately upon adoption in order to ensure the immediate preservation of public peace, health and safety.

SECTION 2. Title 12 of the Visalia Municipal Code is hereby amended by revising Sections 12.32.010, 12.32.035, 12.32.045, 12.32.070, 12.32.090, 12.32.095 and

12.32.100 of Chapter 12.32 to include the modifications described below with additional language and new sections listed in italics/underline and deleted language listed in strikeout. Sections 12.32.010, 12.32.030, 12.32.035, 12.32.045, 12.32.070, 12.32.090,

12.32.095 and 12.32.100 of Chapter 12.32 shall henceforth read as follows:

12.32.010 Definitions.

Indicia of abandoned personal property shall include, but not be limited to, the act of leaving the personal property in a public park/recreation area so that it may be appropriated by the next comer.
"Alcoholic beverages" as used herein means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit 1480
3 for beverage purposes either alone or when diluted, mixed, or combined with other substances.
"Available shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
"Camp," "Camping" or "Camping facilities" means placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public. "Camp equipment" or "Camp paraphernalia" means tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar make-shift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors. "Commercial activities" means the conduct of a business, profession, trade, occupation and all and every kind of calling carried on with or without the intent of making a profit.
"Inflatable play structure" means any inflatable structure used for recreational purposes that, when filled with air, provides a suitable surface or space for jumping, bouncing or sliding.
"Park amenities" means any man-made structure, monument, statue, vase, fountain, pole, wall, fence, railing, bench, picnic table, trash receptacle, arbor, shade structure, playground, building, landscaping, natural vegetation, lighting system, sprinkler system, and walking or biking trails, paths or walkways, and waterways. 1481
4 "Park and recreation facilities" and "Public park/recreation areas" means all parks and their associated open spaces, pedestrian and biking trails, park amenities, buildings and recreation centers used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city. "Personal property" means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping facilities, camping paraphernalia, money, and/or books.
"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music, or any other sound is amplified. Sound amplifying equipment shall exclude vehicle radios, portable music players and stereo equipment when used and heard only by the occupants of the vehicle in which same is installed or by the intended users. Sound amplifying equipment shall exclude devices on authorized emergency vehicles or other warning devices on any vehicle used only for traffic safety purposes.
"Store", "Stored" or "Storage" means to put aside personal property in a public park/recreation area or accumulate it for use when needed; to place personal property in a public park/recreation area for safekeeping; and/or to leave personal property unattended in a public park/recreation area.
"Tent" means shelter or structure that is not entirely open on all sides. "Umbrellas or sun shades" means any canopy or cover that is open on all sides, from ground level to the top of the structure, and consists of pliable tent-like material such as canvas, nylon or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic or wooden poles.

12.32.035 Exemptions.

12.32.030 shall further not apply to any peace officer or other duly authorized public employee acting within the course and scope of his/her employment.

B. An individual or family unit experiencing homelessness may not be cited for violation of Section 12.32.030 unless it is confirmed that there is available shelter as defined in Section 12.32.010.

12.32.045 Signs identifying hours of closure.
1482
5 Each park and recreation facility subject to closure during specified hours pursuant to this article shall be properly and appropriately posted. Signs setting forth the hour and time of closure and reopening of the park and recreation facility as provided in this article shall be posted at or near entrance ways to said park and recreation facility, or in otherwise conspicuous locations as determined by the City Manager or designee. Said signs shall be not less than one square foot in area and shall contain lettering, not less than one-half inch in height, identifying the hours during which the park and recreation facility shall be closed, and further advising the public that entry to the park and recreation facility or remaining on the facilities' grounds between the designated hours is a violation of law. In the event that there are no clear and obvious entrance ways or natural or manmade barriers which prohibit access to or entry upon a park or recreation facility subject to this article, signs shall also be posted at intervals of every three hundred (300) feet up to fifteen hundred (1,500) feet, or at shorter intervals when necessary to provide adequate notice and otherwise maintain visibility from the public right-of-way along the perimeter of the facility accessible to the public.

12.32.070 Warning signs posted.

Each park or recreation area shall be clearly posted with a warning sign at all common entry points, and a sign shall be posted every three hundred (300) feet at intervals up to fifteen hundred (1,500) feet, or at shorter intervals when necessary to provide adequate notice and otherwise maintain visibility of the signage from the right-of-way when a park or recreation area's boundary is adjacent to a public street not otherwise blocked by natural or manmade barriers that prevent or prohibit access or entry. Signs posted at park and recreation facilities where possession and consumption of alcoholic beverages may be allowed by permit shall state the following:
"Possession and/or consumption of any alcoholic beverage without a permit is prohibited by City Ordinance Section 12.32.065."

Signs posted at all remaining parks shall state the following:

"Possession and/or consumption of any alcoholic beverage is prohibited by City Ordinance Section 12.32.065."

12.32.090 Camping in parks and recreation facilities prohibited.

A. It is unlawful and a public nuisance for any person to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities, in any public park/recreation areas. "Establish" means setting up or moving camping equipment or camp paraphernalia in park and recreation facilities to camp or operate camp facilities. "Maintain" means keeping or permitting camping equipment or camping paraphernalia to remain in a park or recreation facility in order to camp or operate 1483
6 camping facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camping facilities.

B. An individual or family unit experiencing homelessness may not be cited for violation of subsection A. between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010.

C. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be affixed or attached to, or constructed upon or with, or otherwise located within ten (10) feet from, any park amenities.

D. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be located or utilized within any waterways or riparian areas, as defined in Section 12.52.010, and to the extent waterways and riparian areas exist in park and recreation facilities, those areas shall be subject to the prohibitions set forth in Chapter

12.52 of the Visalia Municipal Code.

E. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event.

12.32.095 Storage of personal belongings prohibited.

Personal property stored in public park/recreation areas in violation of this section shall be impounded pursuant to the requirements of this section. Any personal property left in any public park/recreation area at the time the public park/recreation area is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to this section.

Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010.

B. The provisions of this section shall not apply to abandoned personal property, which shall be disposed of forthwith.

C. The Chief of Police or the City Manager, or their designees, are authorized to impound personal property pursuant to the provisions this section, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this section. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The Chief of Police or the City 1484
7 Manager, or their designees, shall notify the owner of the personal property if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a notice to be left in a prominent place on or near the location of the personal property for any personal property impounded pursuant to this section, advising that the city is in possession of the personal property and the location where it may be claimed.

D. Notice prior to impoundment.

1. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.

2. The city may erect signs in public parks/recreation areas stating that any personal property stored in those areas will be impounded. Those signs shall serve to provide the notice required by this section.

3. If neither subsection 1. nor subsection 2. apply, personal property unlawfully stored in public parks/recreation areas shall be impounded only after a notice is provided to the owner of the personal property or left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed.

E. If, after any notice required by subsection D. is given, personal property remains unlawfully stored in a public park/recreation area, that personal property may be impounded. The person impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.

F. Personal property coming into possession of the city pursuant to this section shall be deposited in a safe place for a period of at least ninety (90) days. If the personal property consists of money, it shall be deposited with the Finance Director or designee for a period of not less than ninety (90) days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within ninety (90) days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this section.

G. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:

1. The personal property shall be delivered upon proof of ownership satisfactory to the Chief of Police or the City Manager, or their designees, after ten 1485
8 (10) days' notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).

2. If the personal property consists of money, it shall be paid to the owner upon written order from the Chief of Police or the City Manager, or their designees, to the Director of Finance. The Chief of Police or City Manager, or their designees, shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.

3. If ownership cannot be determined to the satisfaction of the Chief of Police or the City Manager, or their designees, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.

H. Upon expiration of the ninety-day period, any personal property received by the city and not delivered to the owner may be appropriated to the use of the city upon order of the City Manager or his or her designee, on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be disposed of or sold at public auction to the highest bidder. All unclaimed money received by the Chief of Police, and not delivered to the owner during the ninety-day period, shall thereafter be deposited in the general fund.

I. Subject to the provisions of subsection I. below, any personal property coming into the possession of the Chief of Police or designee may be disposed of immediately and without notice, in a manner that the Chief of Police or designee determines to be in the public interest, when such personal property is perishable, contraband, or constitutes an immediate threat to the public health or safety.

J. The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law.

12.32.100 Tents and other enclosed temporary structures prohibited.

A. It is unlawful for any person to set up and utilize a tent or similar temporary shelter or improvised make-shift structure from random items, that is not open on all sides in a public park/recreation area, except as when authorized by a permit issued pursuant to Article 2. Only the use of umbrellas or sun shades is permissible in a public park/recreation area.

B. Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010.
1486
9 SECTION 3. Title 12 of the Visalia Municipal Code is hereby amended by revising Sections 12.52.010 and 12.32.050 of Chapter 12.52 to include the modifications described below with additional language and new sections listed in italics/underline and deleted language listed in strikeout. Sections 12.52.010 and 12.52.050 of Chapter 12.52 shall henceforth read as follows:

12.52.010 Definitions and statement of purpose.

This ordinance is not intended to limit or prohibit the rights of any property owner over property, including but not limited to rights of a property owner to enforce trespassing laws or to maintain hours of operation. The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.

The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.

Public Place. "Public place" includes any of the following:

1. Any area inside a city or school district building that is open to the public during its normal operating hours;

2. Any enclosed area outdoors which is owned or occupied by the city and used for public purposes, or which is owned or occupied by a public school district;

3. Any unenclosed area outdoors, owned or occupied by the city and used for public purposes to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure or other lawful purpose: this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, trails and parks.

Public Way. "Public way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "public way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians; any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian's destination; and outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.

Enclosed Area. "Enclosed area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.
1487
10 City Building/City Property. "City property or city building" means any property or building which is owned or occupied by the city or any of its agencies and which is used for public purposes.

School District Building. "School district building" means any building which is owned or occupied by a public school district and which is used, for public purposes. “School” means any public or private elementary school, junior high school, fouryear high school, or continuation high school. "Available Shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
“Basin or basins” mean drainage basins or swales intended to collect intermittent flows of water, including but not limited to stormwater, flood control, or water placed into basins for purposes of groundwater recharge. This does not include dual purposes basins that are identified as parks and recreation areas and landscaped with turf improvements but can also serve as drainage basins to collect water, those areas are subject to applicable park rules and regulations.
“Camp,” “camping” or “camping facilities” means placing, setting up or utilizing a camp or camping equipment or camping paraphernalia for living accommodation or lodging purposes in the outdoors. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.

“Camping equipment” or “camping paraphernalia” means tents, tarpaulins, temporary shelters whether commercially produced or improvised, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. “Ditch bank” means an embankment built to prevent the overflow of a ditch or built to allow travel along the ditch for the operation and maintenance of the ditch. 1488
11 “Levee” means an embankment built to prevent the overflow of a river or stream and includes manmade embankments and naturally occurring ridges of sediment deposited alongside the river or stream by water flows.
“Riparian setback area” shall mean the space owned or managed by the city under applicable policies, regulations, rules of development, or consist of an area designated by the city as space that cannot be developed due to its proximity to the waterway, these areas include but are not limited to areas where the city has installed recreational trails along with protecting, restoring, and enhancing corridors of native riparian vegetation in the areas around waterways, although these trails are also subject to applicable park rules and regulations. This does not include pocket parks or greenbelt areas with turf or other grass areas that similar to a traditional park, these types of facilities are governed by the rules and regulations for parks and recreational areas. It also does not include private property or property owned by the city that is fenced to prevent access or posted indicating that trespassing is prohibited, such areas are closed to the public at all times. “Waterway” shall mean a river, stream, a man-made ditch, or an altered watercourse.

Acknowledging that the streams and watercourses do not typically flow over the entire course of the year the term waterway shall be applied at all times regardless of whether the waterway is dry or containing water. These provisions are not intended to restrict or impact the rights of the persons to utilize navigable waters of California.

12.52.050 Exemptions.

The following are exemptions to Sections 12.52.020, and 12.52.030 and 12.52.040, these sections shall not apply in the following cases and or to the following persons:

A. Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;
B. Any conduct which is in conformity with the terms this code related to the issuance of special event permits;
C. Any conduct in areas open to the public that are privately owned or are publicly owned but being leased or rented for private use where such conduct is in conformity with permission granted by the owner of such premises or by the person entitled to the possession of such premises;
D. Persons sitting or lying down due to a medical emergency; E. The use of a wheelchair or similar device to move about shall not be considered blocking or interfering with a public place or public way; and 1489
12 F. Persons who place chairs or stools on public sidewalks in conjunction with permitted outdoor dining or permitted vending and or noncommercial uses permitted by the city.

G. Between the hours of 10 p.m. and 6 a.m. homeless persons may not be cited for camping, sitting, sleeping, or lying down if there is not available shelter space. This exemption shall not apply if the camping, sitting, sleeping, or lying down, obstructs or blocks the usage of a public place or public way while such area is available for use by the general public and the person does not relocate to avoid obstructing or blocking the public place or public way after being notified. This exemption shall also not apply in the following locations: a waterway; a basin; on a levee; on a ditch bank; in a riparian setback area; on or within five hundred (500) feet of a school; trails; public places or public ways that consist of an enclosed area or that are marked as closed to the public; and those areas described in Section 12.52.040.

SECTION 4. The City Council intends this Ordinance to supplement, not to duplicate or contradict applicable state law and this Ordinance shall be construed in light of that intent.

SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 6. This Ordinance shall take effect upon its adoption in accordance with Article VI, Section 7 of the Charter of the City of Visalia and Government Code Section 36937(b).
1490
13 SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

PASSED AND ADOPTED: August xx, 2024 BRIAN POOCHIGIAN, MAYOR ATTEST:
_____________________________
LESLIE B. CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY ____________________________

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 Ordinance 2024-09 passed and adopted by the Council of the City of Visalia at a special meeting held on August xx, 2024 and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: August xx, 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
1491
Chapter 12.32

CITY PARKS AND RECREATION AREAS
Sections:

Article 1. Definitions and Severability

12.32.010 Definitions.

12.32.015 Severability.

Article 2. Park Preservation and Permits

12.32.020 Park and recreation facility uses requiring a permit.

12.32.025 Application for use.

Article 3. Closure of Parks and Recreation Facilities During Designated Hours

12.32.030 Designated hours for closure of park and recreation facilities.

12.32.035 Exemptions.

12.32.040 Temporary change of designated hours of closure of park and recreation facilities.

12.32.045 Signs identifying hours of closure.

12.32.050 Temporary closure of park and recreation facilities.

12.32.055 Penalty.

Article 4. Prohibiting Alcoholic Beverages

12.32.060 Purpose.

12.32.065 Possession and consumption of alcoholic beverages on city- owned parks and recreation areas prohibited.

12.32.070 Warning signs posted.

12.32.075 Exceptions.

12.32.080 Penalties for violations.

Article 5. Prohibited Acts in Parks and Recreation Facilities

12.32.085 Purpose.

12.32.090 Camping in parks and recreation facilities prohibited.

12.32.095 Storage of personal belongings prohibited.

12.32.100 Tents and other enclosed temporary structures prohibited.

12.32.105 Fires prohibited in parks.

12.32.110 Fireworks prohibited in parks.

12.32.115 Firearms, air guns and other weapons prohibited in parks.

12.32.120 Commercial advertising prohibited in parks.

12.32.125 Littering, personal waste and dumping prohibited in parks.

12.32.130 Swimming, bathing, washing and fishing prohibited in park water features.

12.32.135 Nudity prohibited in parks.

12.32.140 Smoking prohibited in parks.

12.32.145 Operation of vehicles in parks.

12.32.150 Vandalism of park amenities prohibited.

12.32.155 Animals in city parks.

12.32.160 Golfing prohibited.

12.32.165 Hazardous games and devices prohibited.
1492

12.32.170 Glass containers prohibited.

12.32.175 Loud music/amplified sound prohibited.

12.32.180 Generators and small engines prohibited.

12.32.185 Commercial activities prohibited.

12.32.190 Tennis and pickleball courts – prohibited activities.

12.32.195 Prohibition of carts in park facilities.

12.32.200 Prohibition of inflatable play structures.

Article 6. Removal and Suspension from Park and Recreation Facilities

12.32.205 Removal from parks.

12.32.210 Suspension from parks for disorderly conduct.

12.32.215 Penalty.

Article 1. Definitions and Severability

12.32.010 Definitions.

The following words, phrases and terms as used in this chapter shall have the following meanings:
"Abandoned personal property" means personal property to which the owner surrenders, relinquishes or disclaims all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment. Indicia of abandoned personal property shall include, but not be limited to, the act of leaving the personal property in a public park/recreation area so that it may be appropriated by the next comer. "Alcoholic beverages" as used herein means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Available shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available. "Camp," "Camping" or "Camping facilities" means placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
"Camp equipment" or "Camp paraphernalia" means tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar makeshift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors. "Commercial activities" means the conduct of a business, profession, trade, occupation and all and every kind of calling carried on with or without the intent of making a profit. "Inflatable play structure" means any inflatable structure used for recreational purposes that, when filled with air, provides a suitable surface or space for jumping, bouncing or sliding. "Park amenities" means any man-made structure, monument, statue, vase, fountain, pole, wall, fence, railing, bench, picnic table, trash receptacle, arbor, shade structure, playground, building, landscaping, natural vegetation, lighting system, sprinkler system, and walking or biking trails, paths or walkways, and waterways. "Park and recreation facilities" and "Public park/recreation areas" means all parks and their associated open spaces, pedestrian and biking trails, park amenities, buildings and recreation centers used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city. "Personal property" means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping facilities, camping paraphernalia, money, and/or books. 1493
"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music, or any other sound is amplified. Sound amplifying equipment shall exclude vehicle radios, portable music players and stereo equipment when used and heard only by the occupants of the vehicle in which same is installed or by the intended users. Sound amplifying equipment shall exclude devices on authorized emergency vehicles or other warning devices on any vehicle used only for traffic safety purposes. "Store", "Stored" or "Storage" means to put aside personal property in a public park/recreation area or accumulate it for use when needed; to place personal property in a public park/recreation area for safekeeping; and/or to leave personal property unattended in a public park/recreation area.
"Tent" means shelter or structure that is not entirely open on all sides. "Umbrellas or sun shades" means any canopy or cover that is open on all sides, from ground level to the top of the structure, and consists of pliable tent-like material such as canvas, nylon or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic or wooden poles.
(Ord. 2019-07 § 2 (part), 2019)

12.32. 015 Severability.

The city council declares that it would have passed this chapter, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this chapter are severable and, if for any reason any sentence, paragraph, or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.
(Ord. 2019-07 § 2 (part), 2019)
Article 2. Park Reservation and Permits

12.32.020 Park and recreation facility uses requiring a permit.

A. Park and recreation facilities are open to the public generally, however, certain areas or spaces within city park and recreation facilities, as designated by the City Manager or designee, may be made available by reservation for exclusive use by persons and groups subject to issuance of a permit and payment of applicable fees. Any designated areas and spaces within city park and recreation facilities may be used by the public on a first come, first served basis; however, those designated areas and spaces must be vacated at the time permitted persons or groups arrive.

B. A permit is required within the boundaries of any public park/recreation area where any person or group seeks to:

1. Reserve a designated area for the purpose of a private gathering or private event.

2. Reserve a designated area for the purpose of a private gathering or private event that includes the possession and consumption of alcoholic beverages.

3. Reserve a designated area to hold a play, performance, sporting event, or organized practice which would infringe on the typical use or capacity of a designated area.

4. Reserve a designated area for the purpose of a private gathering or private event that includes the utilization of temporary, portable amenities, including but not limited to such things as inflatable play structures or temporary staging.

5. Utilize sound amplifying equipment in excess of the limits set forth in Section12.32.180.

6. Utilize any park and recreation facilities for any activities involving a group event or coordinated gathering of fifty (50) or more persons, except as provided by subsection C. below.

7. Engage in any other activity that would otherwise infringe on or impede the typical use and capacity of a designated area or otherwise hinder, threaten or impede the public health and safety of the public use of park or recreation facilities.

C. Special events and expressive events, as defined in Section12.48.020, conducted in parks, open space, trails, or recreation areas shall require review and approval in accordance with the requirements of Chapter 12.48. Special events typically include any parade, march, procession, pageant, review, ceremony, festival, assembly or exhibition on property owned or controlled by the city and which are planned or likely obstruct, delay, impede, impair or interfere with the usual, normal and free use of the location and implicate significant government interests. Expressive events typically include any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (Ord. 2019-07 § 2 (part), 2019)

12.32.025 Application for use.

A. The City Manager or designee shall reserve the right to grant or deny all applications for the use of city parks or recreation facilities. All applications for use of city parks or buildings shall be signed by an adult eighteen (18) years of age or over who shall be responsible for compliance with the terms of the permit. Permits where the proposed use includes the possession and consumption of alcoholic beverages must be made in person by an adult twenty-one years of age.

B. Requests for use shall be made a minimum of three (3) days prior to the date of requested use. Applications may be 1494
modified up until one (1) business day prior to the date of the requested use.

C. The application for a permit shall include, but not be limited to, the following information:

1. Name of the applicant, the sponsoring organization(s), and name of the person in charge of the proposed activity.

2. Address and telephone number of applicant(s).

3. Park or building being applied for and the area involved.

4. Starting and finishing times of the proposed activity, and number of persons expected.

5. Nature of the proposed activity or activities, proposed site plan depicting the proposed layout for the event and locations for any equipment or temporary structures that may be brought into the park, duration of the event, and a description of the nature of the use of any sound amplifying equipment.

6. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required. All commercial owners, operators, and vendors of temporary portable amenities identified in Section 12.32.020B.4. utilized within park and recreation facilities shall require the following: (1) maintain liability insurance covering bodily and property injury in the minimum amount specified by the city and name the city and its officials, agents and employees as an additional insureds on the liability insurance policy; (2) submit to city prior to issuance of a permit a certificate of insurance naming city and its officials, agents and employees as additional insureds and stating that the insurance coverage will not be modified or canceled without prior written notice to the city; and (3) provide to evidence of a current city-issued business license.

D. Denial of an application shall be based on the following criteria:

1. When there is a conflict with a prior reservation or a building or a park with the required capacity for the proposed activity is not available.

2. Refusal by an applicant to agree in writing to conditions of the permit.

3. Failure of an applicant to file an application in sufficient time for administrative review.

4. Failure to agree to provide personnel determined by the city to be necessary to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity.

5. The filing of more than one application for the same facility at the same time. Under these circumstances, the City Manager or designee will give consideration to the application first completed.

6. When usage of facility may damage, destroy or detract from the city park or recreation facility and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park or recreation facility.

7. Record of applicant or event not complying with regulations of this chapter.

E. An applicant may appeal a decision to deny an application for a permit to utilize park and recreation facilities. The applicant must file such appeal with the City Manager within ten (10) days of the denial for a final determination, which shall be forthcoming within fifteen (15) days from the date the appeal is filed with the City Manager.

F. Fees and deposits may be levied to offset city expenses incurred in providing services associated with or that otherwise may be required pursuant to the issuance of a permit. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council.

G. All persons to whom a permit is granted must agree in writing to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as the result of the activity sponsored by permittee, and said persons shall be liable to the city for any and all damages to parks, equipment and buildings owned or controlled by the city which result from the activity or permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his own risk without liability on the part of the city for any injury to persons or property resulting therefrom.

H. To ensure proper use and control of facilities and equipment, a security guard shall be required when an event constitutes the major use of a facility. Additional security measures may be required to protect the general public and city property.

I. Permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. Said permit may be revoked by the City Manager with or without notice to the persons to whom the permit was issued.
(Ord. 2019-07 § 2 (part), 2019)
Article 3. Closure of Parks and Recreation Facilities During Designated Hours

12.32.030 Designated hours for closure of park and recreation facilities.

A. It is unlawful for any person to remain in park and recreation facilities (except as noted in Section12.32.035) during the designated hours of closure. Except as provided by subsection B., the designated hours of closure for park and recreation facilities shall be between the hours of 10:00 p.m. to and through 5:00 a.m. of the following day. 1495
B. It shall be unlawful for any person to remain in Lincoln Oval Park, Pappas Park, Provident Skate Park, Recreation Park, Rotary Park and Seven Oaks Park (except as noted in Section 12.32.035) from 8:00 p.m. to 8:00 a.m. during the summer season and from 6:00 p.m. and 8:00 a.m. during the winter season. The changes in park hours shall coincide with daylight savings time. (Ord. 2019-07 § 2 (part), 2019: Ord. 2014-10 § 2 (part), 2014: prior code § 5290)

12.32.035 Exemptions.

A. Section 12.32.030 shall not apply to any person in a park or recreation facility when such a person is participating in, going to, or coming from an activity which is either sponsored or co-sponsored by a public entity, or is carrying on such activity pursuant to a valid permit or license issued by the city. Said Section 12.32.030 shall further not apply to any peace officer or other duly authorized public employee acting within the course and scope of his/her employment.

B. An individual or family unit experiencing homelessness may not be cited for violation of Section12.32.030 unless it is confirmed that there is available shelter as defined in Section 12.32.010. (Ord. 2019-07 § 2 (part), 2019: Ord. 2014-10 § 2 (part), 2014: prior code § 5291)

12.32.040 Temporary change of designated hours of closure of park and recreation facilities.

The City Manager or designee shall have the authority to change the designated hours of closure required by Section

12.32.030 for a designated period of time or indefinitely. In the event that the designated hours for any park and recreation facility are changed pursuant to this section, the hours of closure designated by this section shall be posted in accordance with the requirements of Section 12.32.045. Said action shall be taken when the City Manager determines that circumstances exist justifying the modification of the designated hours of closure for any park and recreation facility in order to prevent the occurrence of dangerous, unlawful, or impermissible activities. (Ord. 2019-07 § 2 (part), 2019: prior code § 5292)

12.32.045 Signs identifying hours of closure.

Each park and recreation facility subject to closure during specified hours pursuant to this article shall be properly and appropriately posted. Signs setting forth the hour and time of closure and reopening of the park and recreation facility as provided in this article shall be posted at or near entrance ways to said park and recreation facility, or in otherwise conspicuous locations as determined by the City Manager or designee. Said signs shall be not less than one square foot in area and shall contain lettering, not less than one-half inch in height, identifying the hours during which the park and recreation facility shall be closed, and further advising the public that entry to the park and recreation facility or remaining on the facilities' grounds between the designated hours is a violation of law. In the event that there are no clear and obvious entrance ways or natural or manmade barriers which prohibit access to or entry upon a park or recreation facility subject to this article, signs shall also be posted at intervals of every three hundred (300) feet along the perimeter of the facility accessible to the public. (Ord. 2019-07 § 2 (part), 2019: prior code § 5293)

12.32.050 Temporary closure of park and recreation facilities.

The City Manager or designee shall have the authority to temporarily close any park and recreation facility or portion thereof and require the exit of all persons therein when the City Manager or designee determines that conditions exist at or in said park and recreation facility or portion thereof which present a hazard to the park and recreation facility or to the health and safety of the public, or for the purposes of constructing or maintaining park and recreation facilities and/or associated park amenities. The City Manager or designee shall have the authority to temporarily close any park and recreation facility or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the City Manager or designee shall find reasonably necessary to achieve the objectives of this section. (Ord. 2019-07 § 2 (part), 2019)

12.32.055 Penalty.

Any person violating the provisions of this article shall be guilty of a misdemeanor and subject to the penalties set forth in Section 1.12.010. (Ord. 2019-07 § 2 (part), 2019: Ord. 2014-10 § 2 (part), 2014: prior code § 5294) Article 4. Prohibiting Alcoholic Beverages

12.32.060 Purpose.

A. The purpose of this article is to prohibit the possession and consumption of all alcoholic beverages in all city parks and recreation facilities except in specially designated city parks with a permit.

B. Police officers responding to all calls for assistance at city parks and recreation facilities have frequently encountered intoxicated and on some occasions, belligerent individuals and groups. The consumption of alcoholic beverage often makes control of such situations, which are already tense, very difficult. In addition, the excessive consumption of alcoholic beverage in and of itself often results in the need for law enforcement intervention. This results in increased costs to the city, impedes criminal investigations, and reflects negatively on the good image of the city.

C. The purpose of this article is, therefore, to:

1. Minimize community exposure to certain negative behavior and incidents that are associated with the consumption of alcoholic beverages;
1496

2. Reduce the expenditure of time spent by law enforcement officers dealing with the aforementioned type of issues; and

3. To maintain an environment which is conducive to, and reflects the community commitment to a safe and healthy public environment. (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 2, 1999: prior code § 5600)

12.32.065 Possession and consumption of alcoholic beverages on city-owned parks and recreation areas prohibited.

It is unlawful for any person to possess and/or consume any alcoholic beverage within the boundaries of every public park/recreation area. The City Manager or designee shall maintain a listing of the park and recreation facilities where possession and consumption of alcoholic beverages may be allowed with a permit issued pursuant to Article 2. (Ord. 2019- 07 § 2 (part), 2019: prior code § 5601)

12.32.070 Warning signs posted.

Each park or recreation area shall be clearly posted with a warning sign at all common entry points, and a sign shall be posted every three hundred (300) feet when a park or recreation area's boundary is adjacent to a public street. Signs posted at park and recreation facilities where possession and consumption of alcoholic beverages may be allowed by permit shall state the following:
"Possession and/or consumption of any alcoholic beverage without a permit is prohibited by City Ordinance Section

12.32.065."
Signs posted at all remaining parks shall state the following:
"Possession and/or consumption of any alcoholic beverage is prohibited by City Ordinance Section12.32.065." (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 3, 1999: prior code § 5603)

12.32.075 Exceptions.

A person may be exempt from this article if the following is applicable:

A. A person (group/activity representative) must have applied for, been granted and be in possession of and compliance with a permit issued pursuant to Article 2 of this chapter to possess and consume alcoholic beverages.

B. The permit must be presented to any park official or police officer upon request. Such permit shall state the designated park and specific group/activity area reserved for the permit. The person who has applied for and is in possession of such permit, shall be responsible for notifying those persons in the group/activity of such designated areas of use and any other restrictions associated with the permit, and shall be responsible for ensuring that those individuals consuming alcoholic beverages are of legal age to do so. The permit shall expire according to the terms of the permit, or in the absence of a designated expiration time, at the conclusion of the sanctioned event or designated hour for park closure, whichever occurs first.

C. Attendance at facilities which have controlled access and/or are physically separated from the remainder of a city park/recreation area by a common barrier or fence, and provided such facilities are being utilized for their intended purposes (i.e. golf courses, race tracks, softball fields, sports complex, etc.) may be exempted from time to time from this prohibition of no possession or consumption of alcoholic beverages if so designated by the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 4, 1999: prior code § 5604)

12.32.080 Penalties for violations.

Any person, violating any of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by the imprisonment in the county of Tulare jail for not more than six months, or both such fine and imprisonment. The city attorney or his/her designee will have the discretion to reduce said violation to an infraction. The penalty for aninfraction shall be a fine of a maximum of two hundred fifty dollars ($250.00) per violation. (Ord. 2019-07 § 2 (part), 2019: prior code § 5605) Article 5. Prohibited Acts in Parks and Recreation Facilities

12.32.085 Purpose.

A. The purpose of this article is to maximize the community enjoyment of park and recreation facilities and to prohibit activities and behavior which interfere with this objective to the detriment of the public health, welfare and safety.

B. This article shall apply to conduct in public park/recreation areas and be enforceable notwithstanding the exceptions provided in Section 8.36.070A. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.090 Camping in parks and recreation facilities prohibited.

A. It is unlawful and a public nuisance for any person to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities, in any public park/recreation areas. "Establish" means setting up or moving camping equipment or camp paraphernalia in park and recreation facilities to camp or operate camp facilities. "Maintain" means keeping or permitting camping equipment or 1497
camping paraphernalia to remain in a park or recreation facility in order to camp or operate camping facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camping facilities.

E. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event. (Ord. 2019-07 § 2 (part), 2019)

12.32.095 Storage of personal belongings prohibited.

A. It shall be unlawful and a public nuisance for any person to store personal property in any public park/recreation area, except as otherwise approved in writing by the City Manager or designee or by resolution of the City Council. Personal property stored in public park/recreation areas in violation of this section shall be impounded pursuant to the requirements of this section. Any personal property left in any public park/recreation area at the time the public park/recreation area is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to this section.

B. The provisions of this section shall not apply to abandoned personal property, which shall be disposed of forthwith.

C. The Chief of Police or the City Manager, or their designees, are authorized to impound personal property pursuant to the provisions this section, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this section. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The Chief of Police or the City Manager, or their designees, shall notify the owner of the personal property if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a notice to be left in a prominent place on or near the location of the personal property for any personal property impounded pursuant to this section, advising that the city is in possession of the personal property and the location where it may be claimed.

D. Notice prior to impoundment.

G. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:

1. The personal property shall be delivered upon proof of ownership satisfactory to the Chief of Police or the City Manager, or their designees, after ten (10) days' notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).

H Upon expiration of the ninety-day period, any personal property received by the city and not delivered to the owner may be appropriated to the use of the city upon order of the City Manager or his or her designee, on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be disposed of or sold at public auction to the highest bidder. All unclaimed money received by the Chief of Police, and not delivered to the owner during the ninety-day period, shall thereafter be deposited in the general fund.

12.32.100 Tents and other enclosed temporary structures prohibited.

12.32.105 Fires prohibited in parks.

No person shall kindle or build a fire in any park or recreation facility, including the use or portable fire rings or any other receptacle or park amenity for the purpose of creating or containing a fire, unless a permit is issued pursuant to Article 2 of this chapter or as part of a city sponsored function. A fire that is lighted and maintained in a bbq grill being utilized for cooking purposes only, and only in designated areas, shall be exempt from this prohibition. Installed park grills are designed for charcoal-based cooking, and no other flammable material may be used in them. Grill fires shall be completely extinguished before leaving the park and recreation facility. Fires solely for the purpose of personal warmth are not allowed, and park grills shall not be used as a trash receptacle. (Ord. 2019-07 § 2 (part), 2019)

12.32.110 Fireworks prohibited in parks.

A. No person shall bring, possess or set off in any public park/recreation area any firecrackers, rockets, or other fireworks or explosives, including so-called "safe and sane" fireworks. No person shall discharge any firecracker, torpedo, rocket, flare or other firework or explosive that lands in any public park/recreation area.

B. Organizations may discharge fireworks as part of a public gathering or patriotic celebration, provided a permit for such discharge or display has been obtained pursuant to Article 2. (Ord. 2019-07 § 2 (part), 2019)

12.32.115 Firearms, air guns and other weapons prohibited in parks.

No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, flare gun, or other weapon potentially dangerous to wildlife or human safety in park and recreation facilities, except in areas, at times, and under conditions designated by the City Manager or designee for such use. (Ord. 2019-07 § 2 (part), 2019)

12.32.120 Commercial advertising prohibited in parks.

No person, business or organization shall display, post or distribute placards, handbills, pamphlets, fliers, circulars, books or other writings containing commercial advertising matter in parks and recreation facilities without the prior written approval of the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019)

12.32.125 Littering, personal waste and dumping prohibited in parks.

A. No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any park facility's fountain, pond, lake, stream, or other body of water or in any tributary, stream or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but not limited to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel/oil, food matter, wood, fiber, and plastics.

B. Receptacles are provided for trash related to park activities. Park users shall throw their trash in designated receptacles. Should provided trash receptacles fill up, park users may leave their remaining refuse immediately adjacent to the full trash receptacle. It shall be unlawful for any person to enter, occupy or sleep in any trash receptacle. 1499
C. No person shall bring and leave refuse, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, for the purpose of dumping it.

D. No person shall deposit or cause to be deposited urine, fecal matter, or other bodily discharges within park and recreation facilities, with the exception of within the normal use of designated restrooms. Park and recreation facility restrooms and washrooms are designated single-use, unisex facilities, to be used by one person at a time for their designated purpose and for a reasonable time period. This rule shall not apply to children under the age of eight (8) years, or persons with special needs, who may be accompanied by a person responsible for that child or person. (Ord. 2019-07 § 2 (part), 2019)

12.32.130 Swimming, bathing, washing and fishing prohibited in park water features.

No person shall swim, fish, bathe, wash personal items or clothing, wade, row, sail or operate any boat, radio-controlled or non-radio-controlled water toy or model, craft, or other device, on or in any pond, lake, stream, splash pad or other water feature within a park and recreation facility, except at such place and/or time period designated and provided by the City Manager or designee for such use. (Ord. 2019-07 § 2 (part), 2019)

12.32.135 Nudity prohibited in parks.

No person over the age of eight (8) shall appear, swim, bathe, sunbathe, change clothes, disrobe, walk or be in any public park/recreation area in a state of undress, so as to possibly cause a public nuisance. (Ord. 2019-07 § 2 (part), 2019)

12.32.140 Smoking prohibited in parks.

No person shall smoke any substance or dispose of any lighted match or cigarette, cigar, or pipe ashes or any flaming or glowing substance in any park and recreation facilities. This rule includes processes known as "vaping". (Ord. 2019-07 § 2 (part), 2019)

12.32.145 Operation of vehicles in parks.

A. Except as permitted by the City Manager or designee, it is unlawful for any person, other than when engaged in the performance of duties as a city employee, to drive or park any motor vehicle in or upon any public park/ recreation area, golf course, greenbelt, or other open space area except for those areas specifically designated for vehicular traffic.

B. It is unlawful for any vehicle with a gross weight of over fourteen thousand (14,000) pounds or a maximum width of over one hundred and two (102) inches to use the road in any public park/recreation area except when specifically authorized for the delivery of goods. This rule shall not apply to parks, maintenance, or emergency vehicles.

C. Electric-powered and unpowered single or multi-wheeled bicycles and personal conveyances may be utilized on designated trails, provided noise levels are within limits (see Section 12.32.180). Such vehicles are not to be operated in a negligent, unsafe, or reckless manner, so as life, limb or property may be endangered. Pedestrians shall retain the right of way on trails.

D. Except for licensed, operational vehicles in designated roadways and parking areas, gas-powered vehicles or conveyances are prohibited in all other areas of park and recreation facilities. This provision shall not apply to city personnel acting in their official capacity, or those provided express permission of the City Manager or designee.

E. No person shall abandon any motorized vehicle within the boundaries of a park and recreation facility.

F. No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park and recreation facility. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.150 Vandalism of park amenities prohibited.

A. It is unlawful for any person to destroy, mutilate, damage or deface any park amenities in any public park/recreation area.

B. Any person violating the provisions of this section shall be subject to prosecution for vandalism pursuant to California Penal Code Section 594. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.155 Animals in city parks.

A. It is unlawful for any person to bring, have, allow, or free any animal within the perimeter of any public park/recreation area, including but not limited to, any horse, fowl, bovine or other domestic animal, or any reptile or other wild animal except:

1. When prior approval has been given by the City Manager or designee;

2. When authorized in designated off-leash dog areas pursuant toChapter 12.34;

3. When dogs or other permitted animals are restrained by leash or similar device; and

4. Law enforcement dogs acting in the performance of their duties, or otherwise participating in a city authorized training event or exhibition.

B. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw at or strike with any object, any 1500
animal, bird, or fowl in any public park/recreation area.

C. A dog may be released from its leash only within the confines of a designated off-leash area. The owner and animal must comply with all rules and regulations as outlined in Section 12.34, Off-Leash Pet Areas. (Ord. 2019-07 § 2 (part), 2019:

Ord. 2004-11 § 2 (part), 2004)

12.32.160 Golfing prohibited.

It is unlawful for any person to play, practice, putt or otherwise engage in the game of golf within the confines of any public park/recreation area, except for those park/recreation areas specifically designated by the City Manager as a “golf course.” Disc or Frisbee Golf is exempted from this rule, provided it is played within designated areas. (Ord. 2019-07 § 2 (part), 2019:

Ord. 2004-11 § 2 (part), 2004)

12.32.165 Hazardous games and devices prohibited.

It shall be unlawful for any person to use remote controlled recreational devices (including wheeled or flying vehicles) in any public park/recreation areas. Park users shall refrain from solid or liquid fueled rocket use, archery, paintball, air gun, sling shot, hardball or any similar games of a hazardous nature in public park/recreation areas, except at such places and times as shall be specifically established by the City Manager or designee. While using designated areas for any activity listed above, use of such devices shall not be disruptive to wildlife, to park patrons, or to park property and such use shall comply with all applicable federal or state regulations. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.170 Glass containers prohibited.

It shall be unlawful to possess any container made of glass in any public park/recreation area or to bring, carry, or transport any container made of glass into any public park/recreation area. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.175 Loud music/amplified sound prohibited.

A. It is unlawful for any person to emit from their vehicle, personal electronic music player, or other amplified sound device, music or noise which exceeds sixty (60) decibels at fifty (50) feet and interferes with other uses in any public park/recreation area unless a permit authorizing the use of amplified music has been issued pursuant to Article 2 of this chapter.

B. It is unlawful for any person to use, operate any loudspeaker or sound amplifying equipment in fixed or moveable position for the purposes of giving instructions, directions, talks, addresses, or lectures or for transmitting music to any persons or assemblages of persons, in or upon any public park/recreation area without first obtaining a permit authorizing such use pursuant to Article 2 of this chapter. This provision shall not apply to law enforcement personnel of government agencies acting in their official capacity. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.180 Generators and small engines prohibited.

It is unlawful to use generators and small engine motors in any public park/recreation area that emit noise which exceeds sixty (60) decibels at fifty (50) feet without first obtaining a permit authorizing such use pursuant to Article 2 of this chapter.

This provision shall not apply to city personnel acting in their official capacity. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.185 Commercial activities prohibited.

It is unlawful to conduct commercial activities in any public park/recreation areas without prior authorization from the City Manager or designee. Such authorization shall include either a special event permit, a sidewalk vendor permit, or a concession agreement, temporary access license or similar binding written authorization. (Ord. 2019-07 § 2 (part), 2019:

Ord. 2004-11 § 2 (part), 2004)

12.32.190 Tennis and pickleball courts – prohibited activities.

A. It is unlawful for any person upon any tennis, pickleball, basketball, volleyball, racquetball or other sport court owned or controlled by the city to engage in any activity other than playing or practicing the sport for which the court is intended and/or so designated, including, but not limited to, roller skating or riding upon a skateboard, powered or unpowered unicycle or bicycle, or personal conveyance device, without the prior authorization of the City Manager or designee.

B. The City Manager or designee may authorize, at certain designated times and locations, by posting a sign or by issuing a permit, the use of the tennis, pickleball, basketball, volleyball, racquetball or other sport courts owned or controlled by the city for an activity other than playing or practicing the sport for which the court is intended and/or so designated, so long as such activity will not interfere with organized city recreation programs, risk damage to the courts or cause annoyance or disturbance to the surrounding neighborhood. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.195 Prohibition of carts in park facilities.

Within the boundaries of all public parks/recreation areas, no person shall use a shopping cart, basket that is mounted on wheels or a similar device that is primarily used for the purpose of transporting goods of any kind. The only exception shall be carts being utilized for recreational equipment, wheeled ice chests that are being used for food product, pursuant to a 1501
permit issued pursuant to Article 2, or as otherwise authorized by the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019: Ord. 2013-06 § 2, 2013)

12.32.200 Prohibition of inflatable play structures.

A. Use of inflatable play structures at park and recreation facilities is prohibited without a permit issued pursuant to Article 2 of this chapter.

B. The use of inflatable play structures in city park or recreational facilities by any person or entity obtaining a permit is permitted only under the following conditions: (1) permittee must operate the inflatable play structure in compliance with all local and state statutes, rules, codes and regulations; (2) permittee shall ensure that adults will, at all times, supervise the use of bounce houses by children; (3) permittee shall ensure that inflatable play structures will be in good and safe working order and utilized in accordance with all manufacturer guidelines and limitations (e.g., weight and occupancy restrictions); (5) inflatable play structures and related equipment will be used in such a manner that they do not pose a threat to the public (e.g., generators will not be placed in walkways or other areas that would cause a tripping hazard); (4) as a condition of using inflatable play structures in park or recreational facilities, the permittee and all persons who utilize bounce houses will indemnify, defend, and hold the city and its officials, agents and employees harmless from any and all losses, damages, injuries, death, and claims that may result from the use of bounce houses in city parks or recreational areas.

C. Use of inflatable water features such as water slides, wading/swimming pools or slip and slides or other similar features on city parks or properties is prohibited. (Ord. 2019-07 § 2 (part), 2019) Article 6. Removal and Suspension from Park and Recreation Facilities

12.32.205 Removal from parks.

Any person who interferes with any city employee or obstructs or interferes with a peace officer in the performance of his or her duties, or who by his or her conduct, interferes with the use of any public park/recreation area by any other person, or who has committed any public offense within any public park/recreation area, shall be required to leave the public park/recreation area. No person who has been required to leave a public park/recreation area pursuant to this section shall return to or enter any public park/recreation area until the public park/recreation area reopens the following day. (Ord. 2019- 07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)

12.32.210 Suspension from parks for disorderly conduct.

A. The Council finds that disorderly conduct in a public/park recreation areas that is dangerous, harmful, offensive, disruptive, or that is a public nuisance obstructs or interferes with the enjoyment of the park and negatively impacts the community and should be prevented through suspensions of the privilege of enjoying the city’s public parks/recreation areas.

B. The City Manager or designee is hereby authorized to suspend the individual committing the following offenses from utilizing park areas for a period of up to twelve (12) months:

1. Unlawful possession of a controlled substance or illegal drug paraphernalia in a public park/recreation area; (as set forth in Division 10 of the California Health and Safety Code).

2. Possession of a deadly weapon (as set forth in Part 6 of the California Penal Code) in a public park/recreation area.

3. Commission or solicitation of an act of prostitution in a public park/recreation area (as set forth in Chapter 2.5 of Division 15 of Title 1 of the California Penal Code).

4. Commission of an act of criminal assault or battery (as set forth in Chapter 9 of Division 8 of Title 1 of the California Penal Code) on another person in a public park/recreation area.

5. Commission of an act of vandalism in a public park/recreation area (as defined by California Penal Code Section 594).

6. Commission of an act of indecent exposure in a public park/recreation area (as defined by California Penal Code Section 314).

7. Commission of any other violation of the Visalia Municipal Code or state law on three (3) separate occasions within a thirty (30) day period within a park or park area.

C. The City Manager or designee shall make the determination to impose a suspension pursuant to this section on the basis of substantial evidence. A record of arrest or citation for any of the above qualifying acts or violations, regardless of whether a conviction has resulted, may be considered substantial evidence sufficient to support a suspension under this section. The City Manager or designee shall consider any other relevant evidence available.

D. In imposing a suspension pursuant to this section, the City Manager or designee shall provide notice of suspension, by serving written notice on the person receiving the suspension in a manner permitted by Visalia Municipal Code Section

1.13.070. Persons receiving notice of suspension may request an administrative appeal hearing as described in Visalia Municipal Code Section 1.13.080 within ten (10) days of receiving notice of suspension. The suspension shall not be stayed pending the appeal process. At the hearing the rules applicable to administrative hearings under the Visalia Municipal shall apply. The individual may present evidence to demonstrate why the suspension should not be issued, which, may include but is not limited to: questioning witnesses; providing evidence showing the underlying acts did not occur; or providing 1502
evidence as to why the underlying acts were not dangerous, harmful, offensive, disruptive, or otherwise constitute a public nuisance. The hearing officer shall have the authority to uphold any issued suspension, reverse the suspension, or reduce the term of any suspension.

E. Suspended persons are not allowed by the city to use public park/recreation areas during the term of suspension or to obtain a permit for the use of public park/recreation areas from the city. Violators may be cited for a violation of this section and must immediately leave the public park/recreation area. (Ord. 2019-07 § 2, 2019: Ord. 2014-10 § 3, 2014)

12.32.215 Penalty.

A. Any person violating the provisions of this article shall be guilty of a misdemeanor and subject to the penalties set forth in Section 1.12.010.

B. Notwithstanding the classification of a violation of this article as a misdemeanor, at the time an action is commenced to enforce the provisions of this article, the trial court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Section 19 of the California Penal Code. (Ord. 2019- 07 § 2, 2019: Ord. 2004-11 § 2 (part), 2004)
1503
Chapter 12.52

CONDUCT ON PUBLIC PROPERTY
Sections:

12.52.010 Definitions and statement of purpose.

12.52.020 Obstruction of movement in public ways.

12.52.030 Lying down on public sidewalks in designated city zones.

12.52.040 Sitting down on sidewalks in designated city zones.

12.52.050 Exemptions.

12.52.060 Penalty.

12.52.070 Severability.

12.52.010 Definitions and statement of purpose.

This chapter is not intended to limit or prohibit the rights of any property owner over property, including but not limited to rights of a property owner to enforce trespassing laws or to maintain hours of operation. The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.

Public Place. "Public place" includes any of the following:

1. Any area inside a city or school district building that is open to the public during its normal operating hours;

2. Any enclosed area outdoors which is owned or occupied by the city and used for public purposes, or which is owned or occupied by a public school district;

3. Any unenclosed area outdoors, owned or occupied by the city and used for public purposes, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure or other lawful purpose: this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, trails and parks.

Public Way. "Public way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "public way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians; any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian’s destination; and outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.

Enclosed Area. "Enclosed area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.

City Building/City Property. "City property or city building" means any property or building which is owned or occupied by the city or any of its agencies and which is used for public purposes.

School District Building. "School district building" means any building which is owned or occupied by a public school district and which is used for public purposes.

School. "School" means any public or private elementary school, junior high school, four-year high school, or continuation high school.

Available Shelter. "Available Shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.

Basin or Basins. "Basin or basins" mean drainage basins or swales intended to collect intermittent flows of water, including but not limited to stormwater, flood control, or water placed into basins for purposes of groundwater recharge. This does not include dual purposes basins that are identified as parks and recreation areas and landscaped with turf improvements but can also serve as drainage basins to collect water, those areas are subject to applicable park rules and regulations.

Camp, Camping or Camping Facilities. "Camp," "camping" or "camping facilities" means placing, setting up or utilizing a camp or camping equipment or camping paraphernalia for living accommodation or lodging purposes in the outdoors. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or 1504
the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.

Camping Equipment or Camping Paraphernalia. "Camping equipment" or "camping paraphernalia" means tents, tarpaulins, temporary shelters whether commercially produced or improvised, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors.

Ditch Bank. "Ditch bank" means an embankment built to prevent the overflow of a ditch or built to allow travel along the ditch for the operation and maintenance of the ditch.

Levee. "Levee" means an embankment built to prevent the overflow of a river or stream and includes manmade embankments and naturally occurring ridges of sediment deposited alongside the river or stream by water flows.

Riparian Setback Area. "Riparian setback area" shall mean the space owned or managed by the city under applicable policies, regulations, rules of development, or consist of an area designated by the city as space that cannot be developed due to its proximity to the waterway, these areas include but are not limited to areas where the city has installed recreational trails along with protecting, restoring, and enhancing corridors of native riparian vegetation in the areas around waterways, although these trails are also subject to applicable park rules and regulations. This does not include pocket parks or greenbelt areas with turf or other grass areas that similar to a traditional park, these types of facilities are governed by the rules and regulations for parks and recreational areas. It also does not include private property or property owned by the city that is fenced to prevent access or posted indicating that trespassing is prohibited, such areas are closed to the public at all times.

Waterway. "Waterway" shall mean a river, stream, a man-made ditch, or an altered watercourse. Acknowledging that the streams and watercourses do not typically flow over the entire course of the year the term waterway shall be applied at all times regardless of whether the waterway is dry or containing water. These provisions are not intended to restrict or impact the rights of the persons to utilize navigable waters of California. (Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

12.52.020 Obstruction of movement in public ways.

A. No person shall occupy any portion of a public way or public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying or in any other manner.

B. No person shall occupy a roadway median for any purpose, whether by standing, sitting, lying or in any other manner, and no person shall walk in a roadway median except as necessary to pass through at a designated crossing location. This section shall not apply to those persons occupying a median while conducting activities related to maintenance, surveying, construction, landscape maintenance, landscape improvements, responding to an emergency, or unless otherwise permitted by law.

C. Camping, sitting, sleeping, lying down, or otherwise loitering is not permitted in any portion of a public way, public place, or within five hundred (500) feet of a school unless allowed under the terms of a special event permit or under an exception to special event permit requirements.

D. Camping, sitting, sleeping, lying down, or otherwise loitering on levees, ditch banks, riparian setback areas, in waterways, and basins is prohibited at all times to avoid damage to these areas, unless the such activities are occurring in areas have been designated or set aside specifically for recreational uses, in which case the areas will be subject to applicable parks and recreational rules that prohibit camping except in instances where a permit has been obtained prior to an event. This section is not intended to prohibit activities in navigable waters permitted by the public trust doctrine.

Permissible activities on a ditch bank, levee, riparian setback area or waterway owned by the city are limited to authorized persons conducting maintenance activities, ditch operations, authorized habitat restoration projects, and persons allowed with the prior permission from the city to conduct similar activities. Recreational activities in designated trails or at designated trail amenities is permitted, subject to applicable parks and recreational rules. Travel along a ditch bank, levee, or other parts of a riparian setback area or waterway that is open to the public is permitted to reach other publicly accessible places if the means of travel is not causing damage and the area is not fenced or posted with signs indicating that trespassing is prohibited. Travel does not include camping, sitting, sleeping, lying down, or otherwise loitering.

E. Activities that cause damage to habitat or landscaping maintained or managed by the city are prohibited at all times.

F. Access and use of basins that have been designated exclusively for stormwater, flood control, or groundwater recharge is limited to authorized persons conducting maintenance activities in the basins or similar activities to monitor the usage of the basins. No other use of such basins is permitted. (Ord. 2019-17 § 2 (part), 2019: Ord. 2009-08 § 2 (part), 2009: Ord. 9721 § 1 (part), 1997)

12.52.030 Lying down on public sidewalks in designated city zones.

No person shall sit, sleep, lie down, or camp upon a public sidewalk or sidewalk curb located in or adjacent to any C-R regional commercial zone, C-S service commercial zone, C-N neighborhood commercial zone, C-MU mixed use commercial 1505
zone, D-MU mixed use downtown zone, PA professional/administrative office zone, O-C office conversion zone and BRP business research park zone.
(Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

12.52.040 Sitting down on sidewalks in designated city zones.

No person shall sit, sleep, lie down, or camp in the following enumerated portions of a public sidewalk, public place, or public way:

A. Within (10) ten feet of any entranceway into or exit from a building; B. Within ten (10) feet of any building window;
C. Within four (4) feet of any drinking fountain or public telephone; D. Within fifty (50) feet of any cash disbursal machine, outdoor vending machine, outdoor money-changing machine, or any other outdoor machine or device which disburses or accepts coins or paper currency, except parking meters and vending machines;
E. Within an alleyway used for vehicular travel or within ten (10) feet of the entrance to such an alleyway; F. Inside or within ten (10) feet of any area designated for use as a trash enclosure; G. On or within ten (10) feet of any bus stop.
(Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

12.52.050 Exemptions.

The following are exemptions to Sections12.52.020 and 12.52.030 and 12.52.040, these sections shall not apply in the following cases or to the following persons:

A. Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code; B. Any conduct which is in conformity with the terms of this code related to the issuance of special event permits; C. Any conduct in areas open to the public that are privately owned or are publicly owned but being lease or rented for private use where such conduct is in conformity with permission granted by the owner of such premises or by the person entitled to the possession of such premises;
D. Persons sitting or lying down due to a medical emergency; E. The use of a wheelchair or similar device to move about shall not be considered blocking or interfering with a public place or public way; and
F. Persons who place chairs or stools on public sidewalks in conjunction with permitted outdoor dining or permitted vending and or noncommercial uses permitted by the city.

12.52.060 Penalty.

Any violation of this chapter shall constitute a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail. (Ord. 9803 § 1, 1998: Ord. 9721 § 1 (part), 1997)

12.52.070 Severability.

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this chapter are distinct and severable and, in the event that any subsections, paragraphs, clauses and/or phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter. (Ord. 9721 § 1 (part), 1997)
1506

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in the making, with over 180,000 people estimated to have experienced homelessness on any given night in 2023, including 123,000 people who experienced unsheltered homelessness, living in tents, trailers, and vehicles across the state; and
WHEREAS within the first year of my Administration I fast-tracked the development of shelter through Executive Order N-23-20, which directed departments to assess and facilitate the use of available state land and resources for short-term emergency homeless shelters; and WHEREAS since the beginning of my Administration, the State has made unprecedented investments to address the homelessness crisis head on, investing more than $24 billion across multiple state agencies and departments, including $4.85 billion in flexible funding to local jurisdictions to prevent and reduce homelessness through Homeless Housing, Assistance and Prevention grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions in providing services and supports to people living in encampments, and $3.3 billion to rapidly expand housing for persons experiencing homelessness through Homekey; and
WHEREAS the State has redoubled its commitment to holding local jurisdictions accountable to reduce homelessness, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state homelessness funding on rigorous reporting and measurable performance metrics; and
WHEREAS it is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and widespread substance use, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, water supplies, and other public resources; and
WHEREAS while every jurisdiction must do more to address encampments, state and local agencies taking proactive steps to remove encampments have been stymied in those efforts by lawsuits and injunctions, leaving officials without the tools or guidance necessary to address the crisis on their streets; and WHEREAS in September 2023, I called on the United States Supreme Court to grant review in City of Grants Pass v. Johnson to clarify that state and local officials can take reasonable actions to resolve encampments while respecting the humanity of all Californians; and
WHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Court of Appeals precedent that restricted the government’s authority to enforce laws regulating encampments, recognizing that jurisdictions may tailor their enforcement practices to reflect policy-driven approaches to addressing homelessness; and
WHEREAS with the threat of these types of injunctions removed, there is no longer any barrier to local governments utilizing the substantial resources 1507
provided by the State, in tandem with federal and local resources, to address encampments with both urgency and humanity, or excuse for not doing so; and WHEREAS guidelines that prioritize offers of shelter and services as a first step to resolving any encampment best respect the dignity of every Californian and provide meaningful paths to ending homelessness; and WHEREAS the California Interagency Council on Homelessness leads California’s efforts to prevent and end homelessness; and WHEREAS the California Department of Transportation maintains a policy directive that prioritizes removal of encampments that pose threats to life, health, and safety, while partnering with local governments and nonprofit providers to facilitate offers of shelter and supportive services in advance of a removal; and
WHEREAS the California Department of Transportation has, since July 2021, removed 11,188 encampments and 248,275 cubic yards of debris from these encampments along the state rights of way.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
1) Agencies and departments subject to my authority shall adopt policies, generally consistent with California Department of Transportation’s Maintenance Policy Directive 1001-R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Such policies shall include the following:
a. Whenever feasible, site assessment in advance of removal operations to determine whether an encampment poses an
imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the
encampment.
b. Where exigent circumstances exist, as much advance notice to vacate as reasonable under the circumstances.
c. Where no exigent circumstances exist, posting of a notice to vacate at the site at least 48 hours prior to initiating removal. d. Contacting of service providers to request outreach services for persons experiencing homelessness at the encampment.
e. Collection, labeling, and storage for at least 60 days of personal property collected at the removal site that is not a health or safety hazard.
2) All departments and agencies not under my authority are requested to adopt policies consistent with the guidelines in Paragraph 1. 3) Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, 1508
including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them. 4) The California Interagency Council on Homelessness shall develop guidance and provide technical assistance consistent with this Order for local governments to follow in implementing their local homelessness programs.

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 25th day
of July.
_____________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State
1509
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0113 Agenda Date: 8/5/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, August 12, 2024 at 5:15 p.m. @ 707 W. Acequia (Adjourned from August 5, 2024) Monday, August 19, 2024 at 7:00 p.m. @ 707 W. Acequia
Tuesday, September 3, 2024 at 7:00 p.m. @ 707 W. Acequia (Monday Holiday Schedule) If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, to discuss your accessibility needs: 559-713-4512 or email at [email protected] <mailto:[email protected]> Visalia City Council Page 1 of 1 Printed on 8/2/2024
powered by Legistar™1510
1 of 9
Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this ____ day of _________, 2024, by and among the City of Visalia, a charter law city (“City’) and ____________________________________________________, (hereinafter “Owners”):

RECITALS
WHEREAS, Owners are the record owners of a portion of property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit “A” and depicted in Exhibit “B”, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and
WHEREAS, Owners desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), which would permit the Property to be used for Residential Low Density use; and
WHEREAS, the Property consists of approximately 43.6 acres, and one electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and tentative subdivision map as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _________, 2024, initiated proceedings to annex the Property; and
WHEREAS, finding adoption of Resolution No. 2024-_____ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and
WHEREAS, Owners acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
Lauren Twigge and Bernard Te Velde
DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151129
2 of 9
WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

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

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

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

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

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

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

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

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

16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexation and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151230
3 of 9
to serve new development that comes with annexation, including development of the Property (the “Water Acquisition Policy”). Therefore, Owners agrees that, at the time that LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will comply with the Water Acquisition Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owners reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No post-annexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owners comply with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owners agree that it shall identify all water rights which, to the best of Owners knowledge, have been used by Owners or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City. City shall cooperate with Owners in valuing such water rights for the purposes of determining the amount of offset to be applied against the in-lieu fee as required pursuant of the Water Acquisition Policy. Owners further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owners own that may be in addition to those required to meet Owners obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of a building permit covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such water rights conveyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with conveyance of water rights or payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property.

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

Owners agree that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $477 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more building permits covering the Property and, in the event Owners apply to City for its approval of multiple building DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151331
4 of 9
permits covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property. Owners satisfaction of its obligations under this Section II(B) will satisfy any and all of Owners obligations related to and arising under the General Plan Maintenance Fee.

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

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

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

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

V. INDEMNIFICATION
Owners agree to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, causes of actions, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owners property, or which are in any manner connected with the City’s DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151432
5 of 9
enforcement of this Agreement. Owners further agree to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option to pay the attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation.

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

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93291
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King
Visalia, CA 93291
To Owner: Lauren Twigge
3549 Vinecrest Dr.

Dallas, TX 75229
To Owner: Bernard Te Velde
2911 Hanford Armona Rd.

Handford, CA 93230
DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151533
6 of 9
Or such other address as the parties may from time to time designate by giving notice as required hereunder.
e. Entire Agreement. This Agreement represents the entire agreement between the City and Owners as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement.
j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.

DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151634
7 of 9
n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owners and that Owners are not an agent of City. City and Owners hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owners joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
r. Future Development Impact Fees. The Owners hereby acknowledge that the City may, from time to time, adopt additional development impact fees at some time in the future after annexation of the Property. The Owners hereby agree that, in the event that the City adopts an ordinance imposing a development impact fee, in accordance with applicable legal requirements, prior to issuance of a vesting project approval for development of any portion of the Property, Owners will be subject to the requirements of such citywide development impact fee program to the extent applicable at the time Owners seek a vesting project approval for a project on the Property. This provision is not intended to retroactively subject the Property to additional annexation-related fees that may be adopted in the future.
s. Prezoning. City agrees to promptly process and, after City completes and adopts its environmental review, consider Owners application to prezone the Property, as required by the Cortese-Knox-Hertzberg Act’s prezoning requirements. The R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation is the adopted prezonings for the Property, DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151735
8 of 9
in accordance with Visalia Municipal Code Chapters 17.12 and Section

17.06.050(A), which section states that all territory which is annexed into the City shall be classified to the zone as indicated on the Visalia General Plan land use map, as adopted by the City (the “Prezoning”). The R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation permits residential land uses, as specified by the City of Visalia Municipal Code. Upon execution of this Agreement, City shall use its best efforts to (i) promptly complete its environmental review of the Project and consider its adoption thereof, and (ii) complete its preparation of the proposed prezoning contemplated by this subsection II(E) and consider its approval thereof. If City approves the prezoning contemplated by this subsection II(E), the terms and conditions of such prezoning shall be included in City’s application to LAFCO for the annexation of the Property to City, which application shall promptly be submitted to LAFCO by City.
t. Development Impact Fees: The Owners shall pay all applicable development impact fees for any subsequent development on the Property at the time that building permits are issued, or prior to issuance of final occupancy, if applicable, at the discretion of the Community Development Director, or as may be required by ordinance. A list and amount of development impact fees can be located in the City’s current version of the Development Fee Schedule.
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 151836
9 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

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

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

Date: ____________ By: _________________________________ Kenneth J. Richardson, City
Attorney
OWNERS
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
DocuSign Envelope ID: 02D12A69-D5E1-49FC-8931-A9ABD111ADFF 4/29/2024
151937

Visalia City CouncilAugust 5, 2024

Visalia City Council
August 5, 2024