Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
City Council Chambers7:00 PMMonday, February 3, 2025
ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
1. Presentation by the Streets Maintenance Division -
Presentation and updates from the Streets Maintenance Division’s annual tasks and accomplishments.
24-0608
2. Receive Report - Receive Industrial Land Inventory Analysis report and presentation.
24-0570
3. Riverway Sports Park Fencing Project - Request approval on the proposed location and design of the new fencing to be constructed at Riverway Sports Park
24-0603
4. Project Funded Fence Relocation for Sidewalk Construction:
Authorize City staff to coordinate with Cen-Cal Construction to relocate private fencing along the south side of Riggin Avenue between Divisadero St. and Conyer St. as part of the project for a cost of $68,873.93, to allow for the construction of sidewalk as designed with the Riggin Ave Widening Project from Mooney Blvd. to Conyer St.
24-0519
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
1 Visalia City Council Meeting Agenda - Final February 3, 2025
INVOCATION
SPECIAL PRESENTATION / RECOGNITION
1. Visalia’s 2023-2031 Housing Element Certification Recognition 24-0541
PUBLIC COMMENTS
This is the time for general public comment on issues within the jurisdiction of the Visalia City Council. Each speaker tonight may speak for up to 3 minutes during this general comment period on a matter that is not on this agenda.
The public may also make one comment for up to 3 minutes prior to the consideration of the Consent Calendar, and immediately before any regular agenda item is heard. The Council asks that you keep you comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.
Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
ITEMS OF INTEREST
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion.
This is the time for members of the public to provide public comment on an item on the Consent Calendar. Comments will not be taken individually by the public if an item is pulled by a Council Member. Each speaker is allowed up to 3 minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling you name and providing your city of residence.
1. Authorization to read ordinances by title only. 24-0495
2. Authorization to accept recommended COPS Grant
expenditures - Authorize and accept recommended expenditures for training, equipment, salary, and benefits for 1.5 police officer positions through the State of California fiscal year 2024-2025 Citizens Option for Public Safety (COPS) Program funds of $223,196 and $210,518 for fiscal year 2023-24 COPS Growth funds for a total grant of $433,714 and appropriate $33,714 the grant fund.
24-0450
3. Fire Station 56 Notice of Completion - Request authorization to file a Notice of Completion for the Fire Station 56 Project. 24-0511
2 Visalia City Council Meeting Agenda - Final February 3, 2025
4. Actions Pertaining to Valley Strong Stadium Expansion & Remodel of Clubhouse & Batting Cage: 1. Authorize the City Manager to execute an emergency Progressive Design-Build agreement with 4CGlobal, Inc. dba 4Creeks Build, for an amount to be determined; 2. Authorize the City Manager to award the construction management services to Vanir Construction
Management, Inc. in the amount of $221,150.
24-0515
5. Adopt Resolution for Updated VMT Thresholds - Request to adopt by Resolution No. 2025-04 an update to Vehicles Miles Traveled Thresholds and Implementation Guidelines pursuant to Senate Bill 743 and the California Environmental Quality Act.
24-0563
6. Ordinance Adoption - Second reading and adoption of Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning) based on multiple factors including but not limited to:
streamlining of land use review and changes in business and/or development trends and activity, citywide.
24-0571
7. Authorize Homekey+ Grant Application - Authorize staff to apply for Homekey+ funding not to exceed $12 million to assist with the development of Crescent Meadows, a senior affordable housing complex with 25 Homekey+ eligible units, upon the completion of the application by the partner agency Crescent Meadows, L.P. to fully comply with the grant and City requirements.
24-0578
8. Execution of Southern California Edison Easement: Authorize the City Manager to execute Southern California Edison anchor easements and adopt Resolution 2025-03 for the Riggin Widening Project from Kelsey St. to Shirk St. (Resolution required) 24-0580
9. Confirmation of reappointed and newly appointed Measure N Oversight Board members for review of all proposed Council spending plans for Measure N funds.
24-0597
10. Contract for the Purchase of Street Name Signs - Authorize the City Manager to award an annual contract for the supply and delivery of street name signs to Safeway Sign Company at an amount not to exceed $65,000 annually, totaling $325,000 over the life of the contract, from the Gas Tax Fund (111), with an option to renew annually for up to four (4) additional one-year terms. 24-0600
11. Landscape and Lighting District Enhancement Project - Request authorization to file a Notice of Completion for the Lisendra Heights Landscape Enhancement Project, 5300 W.
Whitendale Ave, Visalia, CA. (Project No.
2730-72000/CP0750-999).
24-0602
3 Visalia City Council Meeting Agenda - Final February 3, 2025
REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
1. Ordinance Adoption - A Public Hearing and Introduction of the first reading of Ordinance No. 2024-12 for Zoning Text Amendment No. 2024-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals, Citywide.
24-0604
2. Appeal of Planning Commission Action - A continued Public Hearing to consider an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operation for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the Neighborhood Commercial zone.
24-0607
CLOSED SESSION REPORT
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. Upcoming City Council Meetings
Tuesday, February 18, 2025 @ 7:00 p.m. at 707 W. Acequia Monday, March 3, 2025 @ 7:00 p.m. at 707 W. Acequia
Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0592
4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0608 Agenda Date: 2/3/2025 Agenda #: 1.
Agenda Item Wording:
Presentation by the Streets Maintenance Division - Presentation and updates from the Streets Maintenance Division’s annual tasks and accomplishments.
Deadline for Action: 2/3/2025
Submitting Department: Public Works
Contact Name and Phone Number:
Danny Galindo, Public Works Manager, [email protected] <mailto:[email protected]> , 713-4186
Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]> ,713 -4052
Department Recommendation:
Staff recommends that Council receive the presentation and updates from the City of Visalia Streets Maintenance Division.
Background Discussion:
The Streets Maintenance Division currently maintains approximately 525 miles of City-owned roadways with a crew of eight employees. There are multiple pavement preservations methods that are used to maintain these roadways, such as pothole patching, crack sealing, dig-outs, thin skin overlays, reclamite rejuvenation, and cape seal. The goal is to maximize the lifespan of the City’s streets. The City utilizes a pavement management system to forecast needs based on data driven assessments. Streets are selected for repairs based on multiple factors. The overall pavement condition is used to determine when a repair or replacement is required. Forecasting work is key. It enables prioritized repairs, minimizing delays. Efficient pavement preservation relies on scheduling ahead, maximizing resources, and addressing issues before they become major problems.
Pothole patching is a repair method that involves filling a pothole with material and compacting it to create a level surface. In 2024, the Street Maintenance Division patched an estimated 4,000 potholes using 500 tons of material. Citizens can report potholes or other street issues by calling or reporting them online.
Crack sealing is performed to fill cracks and joints in asphalt to prevent water from penetrating the pavement, that would otherwise cause premature pavement failure. In 2024, the Streets Maintenance Division repaired 112,414 square yards of roadway using this method.
Dig-outs are used to repair highly damaged sections of pavement by completely reconstructing isolated areas of the roadway. This method is used when other maintenance techniques are no longer effective.
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5 File #: 24-0608 Agenda Date: 2/3/2025 Agenda #: 1.
Thin skin overlays are a pavement preservation technique that involves applying a thin layer of asphalt over areas of damaged roadway where the structural section is still intact. This prolongs the wearing surface and extends the life of the street. Thin skin overlays can be cape-sealed later to further prolong its useful life. In 2024 the Streets Maintenance Division applied 4,062 tons of asphalt in thin skin overlays, encompassing 177,248 square yards.
The reclamite rejuvenation process restores and preserves the durability of existing asphalt by applying a rejuvenating agent used to penetrate the surface of the pavement and restore asphalt flexibility by replenishing components of the asphalt that are lost from the elements and the aging process. In 2024, the City applied this preservation method to the northwest quadrant, encompassing 54 miles of streets, (1,851,827 square yards).
Cape Seal consists of an application of a chip seal followed by a micro-surfacing application onto the selected roadways. The chip seal consists of applying an asphalt-rubber seal binder combined with a heated application of aggregate cover material. After the chip seal has cured, the micro-surfacing application is applied. This secondary application consists of a mixture of aggregate, emulsified asphalt, mineral filler, and other additives that create a new drivable surface over the chip seal. In 2024, the City completed 10 miles of roadway (232,398 square yards) with this application.
Fiscal Impact:
N/A
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
No motion required.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Streets Division Presentation
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6 Street Maintenance Division
Update
02/03/20247
Streets Maintenance Staff
(1) Street Maintenance Supervisor
(1) Lead Street Maintenance Worker
(3) Heavy Equipment Operators
(3) Street Maintenance Workers
8 Pavement Management
In general, the City currently utilizes
multiple pavement preservations
methods to maintain approximately
525 miles of City owned roadway.
• Pothole patching
• Crack sealing
• Dig outs
• Thin skin overlay
• Reclamite Rejuvenation
• Cape seal
9 Pavement Management
• The goal of pavement management is to
maximize the lifespan of the City’s streets.
• The City utilizes a pavement management
system to forecast needs based on data-
driven assessments.
• Streets are selected for various repair
applications based on multiple factors. The
overall pavement condition is used to
determine whether the street warrants a
particular repair or complete replacement.
• Forecasting work is key. It enables prioritized
repairs, minimizing delays. Efficient pavement
preservation relies on scheduling ahead,
maximizing resources, and addressing issues
before they become major problems, and
therefore extending the pavement lifespan.
10 Annual Funding
Gas Tax Fund (2370)
1. Dig outs - $100,000 annually
2. Thin Skin Overlay - $700,000 annually
3. Pothole Patching - $300,000 annually
Measure N Fund (1410)
1. Reclamite - $1,200,000 annually
2. Cape Seal - $1,175,000 annually
3. Crack Sealing - $300,000 annually
11 Pothole Patching
• Pothole patching is a repair that
involves filling a pothole with
material and compacting it to
create a level surface.
• The Street Division patched an
estimated 4,000 potholes using 500
tons of material.
• Citizens can either report potholes
or other street issues, by:
Calling: (559) 713-4428
or
Submit an online request to:
www.Visalia.city
12 Crack Sealing
• Crack Sealing – 112,414 square yards
of completed roadway
• 67,500 lbs (6,428 gallons Polyflex Type
3 material)
• Polyflex Type 3 Sealant is a hot-
applied, asphalt-based product used
to fill cracks and joints in asphalt to
prevent water from penetrating the
pavement, that would otherwise cause
premature pavement failure.
Before
After
13 14
Dig Outs
• Dig outs are used to repair highly
damaged sections of pavement by
completely reconstructing isolated
areas of the roadway.
• This method is used when other
maintenance techniques are no longer
effective.
15 Thin Skin Overlay
• In 2024, the Streets Division applied
4,062 tons of asphalt (177,248 square
yards) of thin skin overlays.
• Thin skin overlays are a pavement
preservation technique that involves
applying a thin layer of asphalt over
areas of damaged roadway where
the structural section is still intact.
• This prolongs the wearing surface and
extends the life of the street.
• Thin skin overlays can be cape-
sealed later to further prolong its
useful life.
16 17
Reclamite Rejuvenation
• The reclamite process restores and
preserves the durability of existing
asphalt by applying a
rejuvenating agent used to
penetrate the surface of the
pavement and restore asphalt
flexibility by replenishing
components of the asphalt that
are lost from the elements and the
aging process.
• This year the City applied this
preservation method to the
northwest quadrant,
encompassing 54 miles of streets,
(1,851,827 square yards).
18 19
20 Cape Seal
• Cape Seal consists of an application
of a chip seal followed by a micro-
surfacing application onto the
selected roadways. The chip seal
consists of applying an asphalt-
rubber seal binder combined with a
heated application of aggregate
cover material. After the chip seal
has cured, the micro-surfacing
application is applied. This
secondary application consists of a
mixture of aggregate, emulsified
asphalt, mineral filler, and other
additives that create a new drivable
surface over the chip seal.
• This year the City completed 10
miles of roadway (232,398 square
yards).
21 22
23 Emergency Call Outs
• Streets Division responds to a
variety of emergency call outs
throughout each week for down
trees, traffic accidents, traffic
control, and road closers.
24 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0570 Agenda Date: 2/3/2025 Agenda #: 2.
Agenda Item Wording:
Receive Report - Receive Industrial Land Inventory Analysis report and presentation.
Deadline for Action: 2/3/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Devon Jones, Economic Development Manager, (559) 713-4190, [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends the City Council receive the Industrial Land Inventory Analysis report and presentation and take public comments on the item. Based on information and recommendations noted in the Industrial Land Inventory Analysis, staff will provide the City Council with a work session item at the Council’snext scheduled meeting to further discuss potential direction on proceeding with the recommendations.
Background Discussion:
A key component of the General Plan’seconomic development strategy is industrial development and corresponding job growth. The General Plan’sEconomic Development Land Use Objective #1 (LU-O-1) is, “MaintainVisalia’srole as the regional commercial and industrial center for Tulare, Kings and southern Fresno counties.” Industrial sector job development is critical as these are "basic” or “primary”jobs. In economic development terms, basic jobs are those that make products or services that are consumed outside of the community, thereby generating “new”wealth for local workers and local service or retail sectors. Because Visalia’sjobs mainly come from the services, industrial, and retail sectors, prioritizing industrial job development best leverages the City’seconomic development efforts to realize a growing, diversified local economy. As the City strives to be a “development partner” through its various General Plan elements, this also means the City needs to strive to provide an adequate supply of available sites for industrial job development.
At this time, industrial development and land acquisition activity has accelerated quite rapidly and while there is still considerable vacant land to be developed for industrial uses, much of the planned development is specific to warehousing and distribution and may not be suitable for heavy manufacturing or food processing. Also, the available land for purchase by end users is diminishing.
Currently, there is approximately 1,164 acres of vacant designated industrial land. However, most of this acreage is outside the City limits and will require annexation prior to development.
With the expansion of larger speculative industrial spaces in the Visalia Industrial Park primarily for warehousing, distribution, and e-commerce, interest in industrial investment in Visalia appears to be at an all-time high. While this means there are now several active speculative industrial developers Visalia City Council Printed on 1/30/2025Page 1 of 5
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at an all-time high. While this means there are now several active speculative industrial developers and new companies invested in Visalia who will deliver new facilities for several years to come, staff concluded, based on the amount of industrial development interest in our community and initial concerns with the speed in which this land was being developed, that it was in the City’sbest interest to conduct an analysis to see where the next phase of available industrial sites should be located.
This resulted in staff issuing an RFP to hire a consultant to help with preparing an Industrial Land Inventory Analysis (ILIA) under CP0536. The consultant, 4Creeks, was selected as the vendor to help in preparing the ILIA.
The ILIA provides a comprehensive assessment of the industrial land supply and opportunities within the city. It aims to inform policymakers, planners, and stakeholders about the current and future potential of industrial land, aligning with the city’s General Plan and evaluates several parcel’s availability, suitability, and readiness. Here are the main points of the report:
- The current market conditions for industrial land in Visalia reflect a tight and competitive environment, with a vacancy rate of only 1.6%. A healthier vacancy rate is closer to 5 - 6%.
This demonstrates a shortage of “readily” available industrial space. - Strategic opportunities include Visalia’s strategic geographic location and unparalleled logistical benefits in the middle of the state along State Route 99 and near Interstate 5. This location, coupled with the presence of several logistics providers such as UPS, Fed Ex, and GSL, provides companies the ability to get goods to consumers across CA overnight.
Additionally, Visalia’s pro-business environment and streamlined processes coupled with competitive costs make the City a very attractive location for industrial investment. As such, the City has several industrial development partners that build speculative industrial space. - Various growth scenarios project significant additional space requirements by 2033, with potential needs ranging from 600,000 to 6.4 million square feet depending on economic conditions:
Ø Low Job Growth Scenario: Based on projected job growth for industrial sectors in Visalia, this scenario assumes a modest annual increase in industrial sector jobs at a rate of 0.6%. Under this scenario, Visalia would require between 600,000 and 1.6 million square feet of additional industrial space by 2033. For Tulare County as a whole, the demand is projected to be around 1.5 million to 4.1 million square feet (note that Visalia represents about 42% of the Tulare/Kings County region’s industrial space - Colliers, Central CA Semi-Annual Research & Forecast Report, 2024 Q1 & Q2). This scenario reflects a more conservative outlook, accounting for potential economic uncertainties and slower job growth.
Ø Historical Growth Scenario: This scenario projects future demand based on past trends in industrial square footage growth. If the trend from the last decade continues, Visalia is expected to need approximately 3.9 million square feet of additional industrial space by 2033. This scenario assumes that the city will maintain its current growth trajectory, driven by its strategic advantages and robust industrial base.
Ø High Job Growth Scenario: Based on projections from the California Employment Development Department (EDD), this scenario predicts an average annual job growth rate of 4.0% for the transportation and warehousing sectors. In this scenario, Visalia could see a demand for up to 6.4 million square feet of industrial space by 2033. This scenario assumes robust industrial development and significant expansion of the logistics and Visalia City Council Printed on 1/30/2025Page 2 of 5
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warehousing sectors, driven by strong economic conditions and high demand.
Our key challenges include maintaining an adequate labor supply which includes labor skills and housing supply. Other challenges are state and federal regulatory factors that present hurdles for industrial growth and ensuring adequate infrastructure such as power, water, and sewer.
Based on the information provided in the ILIA, the following are recommendations noted in the report:
1. Designate additional industrial land - To support projected industrial growth, it is recommended that an additional 405 acres within the Reserve area be designated for industrial development.
This will address the anticipated shortfall and ensure that Visalia can accommodate future industrial development needs. The Reserve area is particularly suitable for this designation due to its proximity to SR99 and the Caldwell interchange, enhancing transportation connectivity and making it an ideal location for industrial use. Furthermore, the site’sproximity to the airport provides a unique opportunity to leverage this asset for specialized manufacturing or uses that benefit from air freight services.
2. Expand utilities - Extend water, sewer, and stormwater lines to the Reserve area to support the newly designated industrial land. This expansion is critical to ensuring that the area has the necessary infrastructure to support industrial activities and attract new businesses. The proposed extensions along Shirk Road and Caldwell Avenue will connect this area to City services, facilitating industrial development.
a. Expand Shirk Road - Fully build out Shirk Road to its ultimate Right-of-Way from Caldwell Avenue to SR 198. This expansion will support and accelerate industrial development in the reclassified Reserve area by improving transportation connectivity.
Enhancing Shirk Road will make the area more accessible and attractive to industrial developers, stimulating economic growth and creating job opportunities. b. Develop more renewable energy - Establish a solar facility west of SR 99 near the wastewater treatment plant to increase power generation capacity and support additional industrial development. This renewable energy initiative reduces the City’sreliance on non- renewable energy sources and will provide clean energy to meet the industrial area’s growing energy demands.
c. Develop more housing - Designate additional land for residential use to accommodate the projected increase in the workforce needed for industrial growth. Ensuring an adequate supply of housing is essential to maintaining a stable labor force and preventing labor shortages from hindering industrial development. Suitable areas for residential development include portions of the Reserve area that do not overlap with airport safety zones and other areas within the City’sSphere of Influence (SOI). This will support the creation of approximately 3,000 new jobs and ensure the housing supply keeps pace with industrial growth.
d. Permit medical uses in the Business Research Park zone - The ILIA also assessed BRP zoning and found that expanding the allowable uses within the zone to include a broader range of medical offices, healthcare-related research facilities, pharmaceutical and biomedical labs, or support services for medical offices could support the growing healthcare sector, enhance economic development, provide greater access to healthcare services for the community, while encouraging development in the zone.
Given these recommendations, and in particular Recommendation No. 1 as noted above, staff recommends a discussion and thorough overview of the Reserve area occur at the City Council’s next scheduled meeting to discuss the possibility of directing staff to begin the process of Visalia City Council Printed on 1/30/2025Page 3 of 5
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next scheduled meeting to discuss the possibility of directing staff to begin the process of establishing land use designations for the Reserve area. Please note the Reserve area is in the southwest quadrant of the community and is bounded by the Visalia Airport and Walnut Avenue to the north, Caldwell Avenue to the south, Roeben Street to the east and Highway 99 to the west. A map of the Reserve area is attached to this report for reference.
Staff would further note that there is extensive interest from property owners who own property in the Reserve area who are seeking to develop their property with urban uses. There have been two development considerations submitted through the County of Tulare’sland review process due to this area not having designated land uses under Visalia’sGeneral Plan. These actions have led staff to issue letters informing the County of the City’sintent to seek Council direction on proceeding with establishing land use designations within the Reserve area. In addition, these letters also noted the City’sobjection to any County supported development proposal due to the City’sdesire to oversee development of this area under the City’sjurisdictional purview and development standards, including servicing this area with adequate infrastructure (i.e., sewer, water, regional storm management, etc.).
Consideration by the City Council on establishing land use designations within the Reserve area is identified per Land Use Policy LU-P-33. A copy of this General Plan policy is included as an attachment to this report. Based on this policy language, staff acknowledges a deeper discussion and understanding of proceeding with potential land use designations warrant’sa separate work session discussion given the complexities that may occur if directed to proceed with this endeavor, including identifying the appropriate environmental review process.
Fiscal Impact:
The ILIA is CIP #0536 and had a budget of $60,000.
Prior Council Action: N/A
Other: N/A
Alternatives: Per Council direction.
Recommended Motion (and Alternative Motions if expected):
I move to receive the Industrial Land Inventory Analysis report and direct staff to provide an overview of the Reserve area at the next City Council meeting.
Environmental Assessment Status:
Exempt from California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”).
CEQA Review: This item is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”)and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”).The analysis conducted is not for any particular project or action that would result in a potentially significant physical impact on the environment.
Attachments:
1. ILIA report
2. Map of the Reserve Area
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3. Land Use Policy LU-P-33
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29 PREPARED FOR
VISALIA INDUSTRIAL LANDS
INVENTORY ANALYSIS
2024
City of Visalia
315 E Acequia Avenue
Visalia, CA 93291
PREPARED BY:
4-Creeks, Inc.
324 S Santa Fe, STE A
Visalia, CA 93292
30 TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................. 2 SECTION 1: INTRODUCTION .....................................................................................................6
1.1: Purpose and Scope of the ILIA ..........................................................................................................................6
1.3: Methodology .................................................................................................................................................................7 SECTION 2: VISALIA’S ECONOMIC AND INDUSTRIAL CONTEXT .......................................... 9
2.1: Overview of Visalia’s Industrial Land Use Designations.................................................................9
2.2: Current Use ..................................................................................................................................................................11
2.3: Policy and Regulatory Framework..............................................................................................................14
2.4: Summary and Implications for Future Development ...................................................................17 SECTION 3: ECONOMIC & MARKET ANALYSIS ..................................................................... 18
3.1 Current Market Conditions.................................................................................................................................18
3.2 Analysis of Market Trends and Demand for Industrial Space .................................................18
3.3 Interview Results With Developers ..............................................................................................................19
3.4 Industrial Market Dynamics .............................................................................................................................21
3.5 Employment Trends and Projected Growth ........................................................................................22
3.6 Industries Benefiting from Visalia’s Market Access .......................................................................24
3.7 Demand for New Space ....................................................................................................................................24
3.8 Planned New Projects ........................................................................................................................................26 SECTION 4: INFRASTRUCTURE AND ACCESSIBILITY ........................................................... 27
4.1: Transportation Infrastructure ........................................................................................................................27
4.2: Wet Utility Infrastructure ...................................................................................................................................32
4.3: Energy Supply and Sustainability ............................................................................................................. 36
4.4: Access to Raw Materials .................................................................................................................................38
4.5: Emergency Services and Safety Infrastructure ..............................................................................38
4.6: Labor Workforce Infrastructure .................................................................................................................. 39 SECTION 5: CHALLENGES AND OPPORTUNITIES ................................................................. 42
5.1: Challenges .................................................................................................................................................................42
5.2: Opportunities ..........................................................................................................................................................43
5.3: Potential Locations For New Development ........................................................................................46 SECTION 6: RECOMMENDATIONS AND CONCLUSION ........................................................ 51
6.1 Recommendations and Strategies. ............................................................................................................51
6.2 Conclusion ..................................................................................................................................................................57 31 WORKING DRAFT
VISALIA INDUSTRIAL LANDS INVENTORY AND ANALYSIS
July 2024
EXECUTIVE SUMMARY
Purpose and Scope
The Industrial Lands Inventory Analysis (ILIA) for the City of Visalia provides a comprehensive assessment of the industrial land supply and opportunities within the city. This analysis aims to inform policymakers, planners, and stakeholders about the current and future potential of industrial land, aligning with the city’s General Plan.
The report evaluates each parcel’s availability, suitability, and readiness, focusing on key aspects such as alignment with city goals, regulatory consistency, infrastructure adequacy, environmental constraints, and market demand.
Key Findings
INDUSTRIAL LANDSCAPE
Visalia’s industrial landscape is categorized into three primary land use designations:
• Industrial: For primary manufacturing, processing, and refining activities. • Light Industrial: For light manufacturing, warehousing, and distribution. • Business Research Park: Emphasizing research and development uses.
The General Plan allocates approximately 4,026 acres for industrial uses, with around 1,164 acres available for future development. Most industrial activities are concentrated in the northwest corner of the city, in the City’s Industrial Park.
INFRASTRUCTURE AND TRANSPORTATION
Visalia benefits from a comprehensive network of major roadways, including State Route 99 and State Route 198, which enhance local and regional connectivity. The city’s industrial zones, particularly in the northwest, are strategically located near these highways, facilitating efficient transportation logistics. Additionally, Visalia Municipal Airport and the San Joaquin Valley Railroad provide critical infrastructure supporting industrial activities.
MARKET CONDITIONS AND PROJECTED GROWTH
The current market conditions for industrial land in Visalia reflect a tight and competitive environment, with a vacancy rate of only 1.6%. The demand for industrial space, particularly logistics facilities, remains strong. Various growth scenarios project significant additional space requirements by 2033, with potential needs ranging from 600,000 to 6.4 million square feet depending on economic conditions.
Current Market Conditions: Visalia’s industrial and economic landscape has been evolving rapidly, signaling a vibrant future for the region’s economy. The current market conditions for industrial land in Visalia reflect a tight and highly competitive environment.
The industrial market has a vacancy rate of only 1.6%, which is well below the healthy benchmark of 5-6%, indicating a significant shortage of available industrial space.
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Industrial Market Dynamics: Visalia’s industrial market is characterized by a high demand for logistics facilities and distribution centers. The northwest part of Visalia, with direct access to Highway 99 and the availability of vacant land, has been the focal point of industrial activity. Speculative building projects dominate the new development landscape, with a shift towards constructing larger facilities to accommodate the demand from logistics and other industrial uses. The presence of large-scale distribution facilities underscores Visalia’s strategic importance in regional and national logistics networks.
Projected Growth: To understand future demand for industrial space, the ILIA explores three growth scenarios:
1. Historical Growth Scenario: This scenario projects future demand based on past trends in industrial square footage growth. If the trend from the last decade continues, Visalia is expected to need approximately 3.9 million square feet of additional industrial space by 2033. This scenario assumes that the city will maintain its current growth trajectory, driven by its strategic advantages and robust industrial base.
2. Low Job Growth Scenario: Based on projected job growth for industrial sectors in Visalia, this scenario assumes a modest annual increase in industrial sector jobs at a rate of 0.6%. Under this scenario, Visalia would require between 600,000 and 1.6 million square feet of additional industrial space by 2033. For Tulare County as a whole, the demand is projected to be around 1.5 million to 4.1 million square feet. This scenario reflects a more conservative outlook, accounting for potential economic uncertainties and slower job growth.
3. High Job Growth Scenario: Based on projections from the California Employment Development Department (EDD), this scenario predicts an average annual job growth rate of 4.0% for the transportation and warehousing sectors. In this scenario, Visalia could see a demand for up to 6.4 million square feet of industrial space by 2033. This scenario assumes robust industrial development and significant expansion of the logistics and warehousing sectors, driven by strong economic conditions and high demand.
STRATEGIC OPPORTUNITIES
Visalia’s strategic location, pro-business environment, and competitive costs present significant opportunities for industrial growth. The city’s central position in California, affordable industrial land, and supportive local government policies make it an attractive destination for industrial investment.
1. Strategic Location and Accessibility: Visalia’s central location in California provides unparalleled logistical benefits. The city is positioned along State Route 99, a major north-south artery, and near Interstate 5, one of the most significant transportation corridors on the West Coast. This strategic positioning enables businesses to efficiently transport goods to major markets such as Los Angeles, the Bay Area, and the Central Valley. The proximity to major ports, such as the Port of Los Angeles and the Port of Long Beach, allows for seamless integration into international shipping routes. Additionally, Visalia Municipal Airport and the San Joaquin Valley Railroad enhance the city’s connectivity, making it an ideal hub for distribution and logistics operations.
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2. Pro-Business Environment: Visalia’s local government is known for its pro-business attitude, characterized by streamlined processes and supportive policies. The city offers a rapid Site Plan Review (SPR) process, enabling quick project approvals and minimizing bureaucratic delays. The efficient permitting and entitlement procedures, combined with open lines of communication with industry leaders, foster a favorable business climate. This supportive environment encourages industrial investment and development, making Visalia an attractive destination for businesses looking to expand or relocate.
3. Competitive Costs: Visalia offers a cost advantage over larger industrial markets such as Los Angeles and the Bay Area. The lower cost of land and operations in Visalia allows businesses to invest in larger or more advanced facilities without the prohibitive expenses associated with more densely populated areas. Additionally, the city’s affordable living costs make it easier to attract and retain talent.
Competitive wages combined with a lower cost of living enhance the quality of life for employees, contributing to a stable and satisfied workforce. The availability of affordable housing further supports this dynamic, ensuring that workers can find comfortable living arrangements close to their workplaces.
4. Future Development Potential: Visalia’s industrial sector is poised for significant growth, with several large-scale projects already underway. The city’s strategic planning and readiness to accommodate new industrial activities are evident in the substantial amount of vacant land designated for industrial use. Planned developments, such as the Seefried Industrial Properties complex and other large distribution centers, indicate strong future demand and a proactive approach to meeting it. By leveraging its strategic location, supportive business environment, and commitment to sustainability, Visalia is well-positioned to attract diverse industrial activities and drive long-term economic growth.
KEY CHALLENGES
1. Labor Supply: Attracting and retaining a skilled workforce is crucial. Adequate housing development is essential to support the industrial workforce.
2. Regulatory Factors: State and federal regulations, particularly those related to vehicle miles traveled (VMT) and air quality, present hurdles for industrial growth.
3. Infrastructure: Ensuring adequate power, water, and sewer infrastructure is vital for supporting industrial activities.
Recommendations
To capitalize on these opportunities and address the challenges, the following recommendations are proposed:
• Recommendation #1: Designation of Additional Industrial Land. To support projected industrial growth, it is recommended that an additional 405 acres within the Reserve area be designated for industrial development. This will address the anticipated shortfall and ensure that Visalia can accommodate future industrial development needs. The Reserve area is particularly suitable for this designation due to its proximity to SR99 and the Caldwell interchange, enhancing transportation connectivity and making it an ideal location for industrial use. 34 WORKING DRAFT
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• Recommendation #2: Utilities Expansion. Extend water, sewer, and stormwater lines to the Reserve area to support the newly designated industrial land. This expansion is critical to ensuring that the area has the necessary infrastructure to support industrial activities and attract new businesses. The proposed extensions along Shirk Road and Caldwell Avenue will connect this area to City services, facilitating industrial development.
• Recommendation #3: Shirk Road Expansion. Fully build out Shirk Road to its ultimate Right-of-Way from Caldwell Avenue to SR 198. This expansion will support and accelerate industrial development in the reclassified Reserve area by improving transportation connectivity. Enhancing Shirk Road will make the area more accessible and attractive to industrial developers, stimulating economic growth and creating job opportunities.
• Recommendation #4: Renewable Energy Development. Establish a solar facility west of SR 99 near the wastewater treatment plant to increase power generation capacity and support additional industrial development. This renewable energy initiative reduces the City’s reliance on non-renewable energy sources and will provide clean energy to meet the industrial area’s growing energy demands. • Recommendation #5: Workforce Housing. Designate additional land for residential use to accommodate the projected increase in the workforce needed for industrial growth. Ensuring an adequate supply of housing is essential to maintaining a stable labor force and preventing labor shortages from hindering industrial development.
Suitable areas for residential development include portions of the Reserve area that do not overlap with airport safety zones and other areas within the City’s Sphere of Influence (SOI). This will support the creation of approximately 3,000 new jobs and ensure the housing supply keeps pace with industrial growth. • Recommendation #6: Inclusion of Comprehensive Medical Facilities and Services in the Business Research Park Zone. Expand the allowable uses within the Business Research Park zoning designation to include a broader range of medical offices, healthcare-related research facilities, pharmaceutical and biomedical labs, and support services for medical offices. This expansion will support the growing healthcare sector, enhance economic development, and provide greater access to healthcare services for the community.
Conclusion
The ILIA for the City of Visalia highlights a dynamic and evolving industrial landscape poised for significant growth. By addressing key challenges and leveraging strategic opportunities, Visalia can continue to attract and retain industrial investments, driving economic development and improving the quality of life for its residents. The insights and recommendations from this analysis will guide the city’s efforts to achieve sustainable growth and long-term prosperity, ensuring that its industrially designated lands remain critical investments for economic resiliency and community well-being. 35
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1.1 Purpose and Scope of the ILIA
This Industrial Land Inventory Analysis (ILIA) report provides a comprehensive overview and strategic assessment of industrial land supply opportunities within the City of Visalia. This analysis identifies industrial land’s current and future potential based on a detailed evaluation of each parcel’s availability, suitability, and readiness within the policy framework established by the City’s Visalia General Plan. It is intended to help inform policymakers, planners, and stakeholders as they consider industrial land allocation, development, and management within the City. The specific focus of this report includes a consideration of:
SECTION 1: INTRODUCTION
1. How well industrial land
aligns with City goals and the
production of non-residential
land uses;
2. The consistency of land use
regulations;
3. The adequacy of
infrastructure;
4. The potential environmental
constraints; and
5. The strength of the market
demand for industrial land
necessary to serve the City’s
economic development
objectives, while still allowing
for the sustainable growth of
the City.
To that end, this report aims to serve as a critical tool for strategic planning and proactive industrial land stewardship by the City of Visalia, ensuring that its industrially designated lands remain both engines of the economy and critical investments for economic resiliency and community well-being.
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1.3 Methodology
The Industrial Land Inventory Analysis (ILIA) for Visalia was prepared using a comprehensive and multifaceted research approach. This methodology ensured a thorough understanding of existing conditions, potential growth sectors, and the alignment of Visalia’s industrial land use with economic and community development goals. The key components of the methodology are detailed below.
DATA COLLECTION
The data collection process began with a thorough review of secondary data sources.
Employment growth projections and job numbers were updated using JobsEQ, a tool providing detailed employment data and projections. This source was instrumental in refining industrial sector targets by comparing the latest employment growth projections for target industries, consistent with the 2021 VEDC plan. Additionally, previous market studies, including the 2021 Visalia Economic Development Corporation (VEDC) study, were reviewed to understand historical trends and future projections for industrial land use. The City of Visalia’s General Plan and Zoning Ordinance were examined to comprehend the land use designations, policies, and regulations governing industrial development.
Primary data collection involved conducting in-depth interviews with local property owners, developers, real estate agents, and other relevant stakeholders. These interviews provided valuable insights into the needs, opportunities, and challenges within Visalia’s industrial sector. Furthermore, site visits were performed to assess the current state of industrial lands and infrastructure, and surveys were distributed to gather additional input from stakeholders and the general public.
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DATA ANALYSIS
The data analysis phase incorporated spatial and market analyses, as well as environmental and regulatory assessments. GIS tools were used to map existing industrial lands, infrastructure, and environmental constraints. This spatial analysis helped identify suitable areas for future industrial development and assess the accessibility of current industrial zones.
A detailed market analysis evaluated the demand for industrial land and buildings, considering vacancy rates, lease rates, and the absorption of industrial space. The economic viability of industrial development in Visalia was assessed by examining market conditions, employment trends, and the financial performance of industrial projects. Environmental constraints, such as flood zones, contamination sites, and natural resource areas, were identified and evaluated to understand their impact on industrial development. Additionally, the regulatory environment was analyzed to ensure compliance with local, state, and federal regulations, and to identify any potential barriers to development.
SCENARIO PLANNING
Three growth scenarios were explored to understand future demand for industrial space: the Historical Growth Scenario, which projected future demand based on past trends in industrial square footage growth; the Low Job Growth Scenario, which considered modest annual increases in industrial sector jobs; and the High Job Growth Scenario, which was based on optimistic projections from the California Employment Development Department (EDD) predicting robust growth in the transportation and warehousing sectors.
Strategic planning for future land use and infrastructure needs was developed based on these scenarios. The findings informed recommendations to guide future land use planning and ensure the availability of suitable industrial lands. Infrastructure needs, including transportation, utilities, and other essential services, were also identified to support the projected industrial growth.
REPORTING AND RECOMMENDATIONS
The final phase of the methodology involved synthesizing the findings from the data collection and analysis phases into a comprehensive overview of Visalia’s industrial landscape. Key trends, challenges, and opportunities were identified to inform strategic planning and policy recommendations. Preliminary findings and recommendations were presented to stakeholders for feedback, ensuring alignment with the needs and priorities of the community and key stakeholders. This feedback was incorporated into the final ILIA report, which was prepared with a focus on clarity, coherence, and actionable recommendations for policymakers, planners, and stakeholders. 38
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2.1 Overview of Visalia’s Industrial Land Use Designations Visalia’s industrial landscape, as delineated in the General Plan, encompasses three primary land use designations: Industrial, Light Industrial, and Business Research Park.
Each designation serves a distinct purpose and accommodates various types of industrial activities essential to the city’s economic development. • Industrial: This designation allows for primary manufacturing, processing, refining, and similar activities, including outdoor facilities. It also accommodates warehousing and distribution with supporting commercial services and office space. Retail activities are not permitted. The maximum Floor Area Ratio (FAR) for this designation is 0.6, with buildout assumed at 0.15. Currently, this sector includes 389 parcels totaling 3,543 acres, with 945 acres remaining vacant. • Light Industrial: This designation is intended for light manufacturing, warehousing, storage, distribution, research and development enterprises, and secondary office uses with limited customer access. The maximum FAR for this designation is 0.5, with buildout assumed at 0.2. The Light Industrial sector comprises 362 acres across 96 parcels, with 117 acres vacant.
• Business Research Park: This designation builds on the existing General Plan’s Business Research Park category and emphasizes research and development uses.
Land with this designation is intended for research and development enterprises, educational, and office (limited customer access) uses. Maximum FAR for this designation is 0.5; buildout is assumed at 0.1. This sector encompasses 48 parcels over 121 acres, with 102 acres vacant.
Visalia’s industrial land usage is diverse, reflecting the city’s strategic emphasis on fostering a robust industrial base while accommodating a variety of ancillary services.
The distribution of industrial land usage underscores Visalia’s role as a regional hub for logistics, manufacturing, and other industrial activities.
SECTION 2: VISALIA’S INDUSTRIAL
LANDSCAPE & REGULATORY CONTEXT
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SR 198
SR 99
Riggin Ave
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2.2 Current Uses
DISTRIBUTION AND WAREHOUSE
The most prominent feature of Visalia’s industrial land is its extensive use for distribution and warehouse purposes. This sector occupies a total of 1,675 acres across 92 parcels, with an average parcel size of 18.76 acres. The prevalence of large-scale distribution facilities underscores Visalia’s strategic importance in regional and national logistics networks. These facilities are designed to support high-volume storage and distribution operations, benefiting from Visalia’s advantageous location near major transportation routes such as Highway 198 and Highway 99. This segment’s dominance is indicative of the broader economic trend towards centralized distribution hubs that support e-commerce and retail supply chains.
LIGHT AND HEAVY MANUFACTURING
Visalia also supports a significant manufacturing sector, divided into light and heavy manufacturing categories. Light manufacturing occupies 354.76 acres across 46 parcels, averaging 7.86 acres per parcel. These facilities engage in various production activities that require less space and infrastructure compared to heavy manufacturing but are vital for the city’s economic diversity.
Heavy manufacturing, while smaller in total acreage, covers 122.91 acres distributed among 9 parcels with an average size of 13.66 acres. These larger parcels are indicative of the space-intensive nature of heavy manufacturing activities, which include the operation of large machinery, extensive production lines, and significant infrastructure requirements. The presence of both light and heavy manufacturing highlights Visalia’s ability to attract and sustain diverse industrial operations, from precision manufacturing to large-scale production.
OTHER INDUSTRIAL USES
Other industrial activities occupy 223.16 acres distributed across 66 parcels, with an average parcel size of 3.42 acres. This category encompasses a variety of industrial operations that do not fit neatly into the distribution, light manufacturing, or heavy manufacturing categories. The smaller average parcel size in this category suggests a range of less space-intensive activities, which may include specialized production, industrial services, and small-scale manufacturing.
INDUSTRIAL SHOPS AND UTILITIES
Industrial shops, which are the most numerous in terms of parcel count, occupy 186.16 acres across 157 parcels, averaging just 1.23 acres per parcel. These shops typically include small-scale production, repair services, and specialty industrial activities that support the broader industrial ecosystem in Visalia and across the San Joaquin Valley region.
Utilities, essential for the functioning of industrial activities, occupy 75.25 acres over 30 parcels, averaging 2.51 acres each. These parcels house infrastructure critical for water supply, electricity, and other essential services that underpin industrial operations.
COMMERCIAL, PROFESSIONAL, AND MISCELLANEOUS USES
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Commercial uses within industrial zones cover 104.53 acres across 25 parcels, with an average parcel size of 4.18 acres. These commercial establishments provide retail and service-oriented businesses that support the industrial workforce and operations. The inclusion of commercial uses within industrial zones indicates a mixed-use approach that enhances the convenience and amenities available to workers.
Professional spaces, necessary for administrative and support functions within industrial areas, occupy 31.92 acres across 21 parcels, with an average size of 1.52 acres. These smaller parcels ensure that managerial and operational activities are efficiently integrated into the industrial landscape.
Miscellaneous uses, which include various activities such as rail stops and outlots, occupy 79.28 acres across 30 parcels, averaging 2.64 acres each. These parcels often serve niche or auxiliary functions that are critical for the smooth operation of the industrial area.
RESIDENTIAL AND RESTAURANTS
Residential and restaurant uses within industrial zones remain limited, with residential areas spanning 10.38 acres across 14 parcels and restaurants covering 9.51 acres across 6 parcels. These residential areas were in place before the industrial park’s development, rather than being a deliberate part of the industrial zoning plan.
VACANT LAND
A sizable portion of Visalia’s industrial land, totaling 1,164 acres across 41 parcels, remains vacant, with an average parcel size of 26.77 acres. This vacant land represents substantial potential for future industrial development, reflecting Visalia’s strategic planning and readiness to accommodate new industrial activities and expansions. 42 WORKING DRAFT
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SR 198
SR 99
Riggin Ave
SR 198
SR 99
Riggin Ave
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2.3 Policy and Regulatory Framework
VISALIA INDUSTRIAL LAND USE STRATEGY
Several policies and regulations are critical in shaping the landscape of Visalia’s developing industrial sectors. The Visalia General Plan is a cornerstone document guiding the City’s development patterns and land use decisions. It encompasses various elements influencing industrial development, including land use designations, infrastructure planning, and environmental stewardship.
The Visalia General Plan’s approach to industrial development focuses on fostering economic growth through strategic land use planning, improving infrastructure, and ensuring efficient transportation and connectivity. The plan emphasizes the development of industrial parks that support manufacturing, warehousing, and logistics operations, while ensuring compatibility between industrial lands and adjacent uses.
VISALIA GENERAL PLAN OBJECTIVES & POLICIES FOR INDUSTRIAL LAND USE The Visalia General Plan includes specific objectives to ensure the growth and development of industrial areas while maintaining harmony with neighboring land uses. These objectives are:
• LU-O-33: Provide adequate land in a variety of parcel sizes for industrial development and strengthen the City’s role as a regional manufacturing center. • LU-O-34: Ensure compatibility between industrial lands and adjacent dissimilar land uses.
These objectives are supported by detailed policies aimed at promoting well- planned industrial development, ensuring compatibility with surrounding areas, and maintaining high standards for infrastructure and design. Key policies include:
• LU-P-98: Update the Zoning Ordinance to reflect the Business Research Park designation allowing for light manufacturing, warehousing, storage distribution, R&D enterprises, and secondary office uses.
• LU-P-99: Reflect the Industrial designation in the Zoning Ordinance to allow for primary manufacturing, processing, refining, and similar activities, including those with outdoor facilities, and also accommodate warehousing and distribution with supporting commercial services and office space. Retail is not permitted. • LU-P-100: Establish zoning standards to assure high-quality design and site planning for large-scale industrial development, including requirements for landscaping, visual screening, and unified façade treatment. • LU-P-101: Allow secondary uses within industrial developments such as restaurants, cafes, small convenience stores, and day care facilities to serve area employees. • LU-P-102: Ensure the timely completion of necessary infrastructure to support new industrial development.
• LU-P-104: Preserve land designated for light and heavy industrial uses by limiting the intrusion of free-standing retail, commercial, or service commercial uses. • LU-P-105: Assist in the relocation of older existing service commercial and industrial uses from East Downtown or other redevelopment areas to designated similar use areas.
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• LU-P-106: Develop performance standards to minimize negative impacts associated with new or expanded service commercial and industrial development. • LU-P-107: Reserve adequate sewage treatment plant capacity and sewerage capacity to meet the projected needs of industrial growth.
VISALIA GENERAL PLAN POLICIES FOR INDUSTRIAL CIRCULATION The Visalia General Plan outlines several transportation policies designed to bolster industrial development by enhancing rail and transit infrastructure, thereby improving connectivity and logistics for industrial activities. These policies include:
• T-P-66: Before approving subdivision maps or developing identified properties in the Industrial Park, the City will explore with the project applicant options for acquiring or dedicating right-of-way for freight rail spurs. • T-P-67: Participate in the planning process for a potential Cross Valley Rail Line, which could provide east-west light rail service from Visalia to Huron and potentially connect to a future High-Speed Rail system. • T-P-68: Evaluate the feasibility of a future local light rail system or bus rapid transit (BRT) system in Visalia, which could connect to Tulare to the south and points east and west. The City should preserve right-of-way to support the preliminary light rail corridor or BRT system along Goshen Avenue, K Street, Santa Fe Street, and other roadways as depicted on the Land Use diagram if either light rail or BRT is judged financially feasible.
• T-P-69: Support regional high-speed inter-city rail development and service.
Should California High Speed Rail develop a station in Hanford (or elsewhere in Kings or Tulare County), work with the California High Speed Rail Authority to develop local connections coordinated with the train schedule. • T-P-70: Support continued freight service in Tulare County, specifically the development of freight rail service within close proximity to agricultural processing industries.
• T-P-71: Continue to participate in and advocate for collaborative efforts to improve railroad transportation facilities and reduce conflicts with the street system.
These policies are focused on enhancing the industrial and transportation infrastructure, including the development and integration of freight rail services, light rail, and bus rapid transit systems, as well as supporting high-speed rail initiatives.
They aim to improve access, efficiency, and connectivity for industrial areas, reflecting a comprehensive approach to planning and development within the region.
VISALIA MUNICIPAL CODE
Zoning laws detailed in the Visalia Municipal Code further refine the framework established by the General Plan, dictating the specific types of industrial activities that can occur in designated areas. These laws ensure that industrial development is compatible with surrounding land uses and meets the City’s long-term objectives for growth and sustainability.
ENVIRONMENTAL REGULATIONS
Environmental regulations play a crucial role in ensuring that industrial development 45 WORKING DRAFT
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in Visalia is sustainable and minimizes negative impacts on the environment.
Two primary regulatory frameworks govern these activities: the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).
Additionally, the City of Visalia has implemented an Agricultural Land Mitigation Program to address the conversion of agricultural land to non-agricultural uses.
California Environmental Quality Act (CEQA): CEQA is a state statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts if feasible. The key components of CEQA relevant to industrial development include:
• Environmental Impact Reports (EIRs): For projects expected to have significant environmental impacts, an EIR is required. This document provides a detailed analysis of potential impacts, including air quality, water quality, noise, and biological resources. It also outlines mitigation measures to reduce these impacts.
• Mitigated Negative Declarations (MNDs): If a project is found to have potential significant impacts that can be mitigated to less than significant levels, an MND may be prepared instead of an EIR.
• Initial Studies: An Initial Study is conducted to determine whether a project may have a significant effect on the environment. This study assesses various environmental factors and helps determine the appropriate level of review (EIR, MND, or Negative Declaration).
CEQA ensures public involvement through mandatory public comment periods and public hearings, allowing community members to participate in the review process and voice their concerns.
National Environmental Policy Act (NEPA): NEPA is a federal law that requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. Industrial projects in Visalia that involve federal funding, permits, or other federal actions must comply with NEPA. Key components of NEPA include:
• Environmental Assessments (EAs): An EA is a concise document that provides sufficient evidence and analysis to determine whether a federal action would significantly affect the environment. If the impacts are found to be significant, an EIS is required.
• Environmental Impact Statements (EISs): An EIS is a comprehensive document that describes the impacts of a proposed federal action on the environment, considers alternatives, and discusses mitigation measures. • Categorical Exclusions (CEs): Some actions may be categorically excluded from detailed environmental analysis if they are found to have no significant environmental impact.
Both CEQA and NEPA emphasize the importance of considering environmental consequences early in the planning process, ensuring that potential impacts are identified and addressed before project implementation.
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land to non-agricultural uses. This program is designed to help developers comply with CEQA by providing a clear pathway for mitigating the loss of agricultural land. Chapter 18 of the Visalia Municipal Code provides detailed guidelines for implementation of the Agricultural Land Preservation Program, including the criteria for identifying suitable mitigation lands, the process for securing mitigation easements, and the requirements for maintaining the preserved agricultural land in perpetuity.
2.4 Summary and Implications for Future Development
Visalia’s industrial landscape is characterized by diverse land use designations, a substantial inventory of developed and vacant land, and a robust regulatory framework that supports sustainable industrial growth. The city’s readiness for future development is evident in its strategic planning and forward-thinking approach to regulatory compliance. This foundational understanding sets the stage for subsequent sections that will delve into the economic conditions, infrastructure, and other factors influencing industrial development in Visalia.
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SECTION 3: ECONOMIC & MARKET
ANALYSIS
3.1 Current Market Conditions
Visalia’s industrial and economic landscape has been evolving rapidly, with significant developments in its industrial park that signal a vibrant future for the region’s economy.
The current market conditions for industrial land in Visalia reflect a tight and highly competitive environment. With a vacancy rate of only 1.6%, the industrial market is well below the healthy benchmark of 5-6%, indicating a significant shortage of available industrial space. The demand remains strong for all classes of industrial buildings up to 150,000 square feet, with developers now testing the market for even larger buildings.
Lease rates for industrial properties have been trending upward, particularly for newer developments which tend to be leased quickly. Older buildings with lower ceilings command lower lease rates compared to modern facilities with higher specifications.
The city’s industrial growth has been fueled by its strategic location, providing easy access to major highways and proximity to key markets such as Los Angeles and the Bay Area. This geographical advantage positions Visalia as an attractive alternative for industrial activities spilling over from larger markets like the Inland Empire, Fresno, and Bakersfield.
3.2 Analysis of Market Trends and Demand for Industrial Space
The Visalia Industrial Land Inventory analysis reveals significant insights into market trends and demand for industrial space. Initial assessments indicate Visalia has emerged as a vital hub for logistics operations and is a burgeoning market for industrial development, with the city fostering a conducive business climate.
The northwest part of Visalia, with direct access to Highway 99 and the availability of vacant land, has been the focal point of industrial activity. The COVID-19 pandemic, while impacting some sectors negatively, has notably increased demand for logistics facilities. This ongoing high demand and a low vacancy rate signals the need for new development.
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distribution, warehousing, fulfillment, and manufacturing, with logistics driving the current market. Data from CoStar reveals that the wider Visalia (Tulare County) market has approximately 41.9 million SF of industrial building space with 1,372 buildings. While the average size of overall industrial building space in the market is around 30,500 SF, the average for new building inventory delivered since 2013 is 84,100 SF, so we see an increase in building size, mainly due to the logistics and distribution sector.
3.3 Interview Results With Developers
In initial conversations with industrial property developers and brokers, they agreed that Visalia is an emerging market for industrial development. In their assessment, the City has created a favorable business climate for industrial development and has been responsive to the needs of developers. In general, Visalia has done a better job with staying ahead of CEQA and entitling industrial land for future development than, for example, Fresno.
• Within Visalia, most of the industrial activity is located in the northwest part of the city. This is also the focus of interest for new development. The location has the most direct access to Highway 99, and there is still vacant land in that area that can be used for future industrial development. This is also the area where the larger buildings can locate. Other areas with existing industrial development are viewed as less desirable locations.
• Visalia is viewed as a spillover market from larger Central Valley markets such as Fresno and Bakersfield, and from Southern California. Most notably, industrial demand initially expanded into the Central Valley from the Inland Empire (San Bernardino and Riverside counties), which has seen large scale growth with logistics facilities serving the ports of Los Angeles and Long Beach. The building stock in Visalia is generally newer than in Fresno. In general, the industrial development along the I-5 corridor is almost entirely about accommodating logistics operations.
Industrial spaces along Highway 99 also heavily engage in logistics activity, but also serve other types of business activity, such as manufacturing and construction support. The Highway 99 corridor is seen as a more favorable location for business operations that serve more of the local and regional markets in the Central Valley.
Highway 99 also has a higher density of labor living along the corridor. • One key change in the perception of Visalia as an industrial development location is that they are now viewed as a good location for larger buildings. Most of the building inventory in Visalia has been under 100,000 square feet (SF). The traditional range for most of the Central Valley has been in the 25,000 to 100,000 SF range. Those buildings in Visalia are generally older and have good demand.
Over the past 5 to 6 years, the introduction of distribution centers has seen more development in the 250,000-1 million SF range. That market has cooled off recently, and the more recent deals are more in line with what the Valley has historically supported. For logistics, Visalia remains reasonably close to the ports in Los Angeles and Long Beach and has large market area coverage within a one-day drive. One stakeholder comment regarded Visalia’s location as being in the “sweet spot.” The demand for smaller industrial buildings is largely driven by more local- 49 WORKING DRAFT
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serving businesses. But the demand is strong for all building classes up to 150,000 SF. Developers are now testing the market for buildings larger than that, and the overall trend seems to be towards larger buildings moving forward. • The market conditions for Visalia’s industrial buildings were already strong and trending upward before the COVID-19 pandemic. While the pandemic had negative impacts on some industry sectors, demand for logistics facilities went up during the pandemic. Demand remains high for industrial properties throughout the Visalia regional market, even though the perception is that it has fallen off slightly over the last 6 months. With new buildings coming online, the vacancy rates may increase slightly. But Visalia’s inventory has run short of demand for years. • Lease rates in general have been trending upward. Older buildings with lower ceilings tend to have lower asking lease rates than the newer developments. Newer buildings tend to be leased quickly, and companies are locating to Visalia from more expensive markets.
• Although industrial building tenants include a mix of distribution, warehousing, fulfillment, manufacturing, and other industrial uses, logistics is currently driving the market. Logistics tenants now look for more trailer parking spaces in the warehousing and distribution spaces than before. Dock height clearances (36 to 40 feet); and water, sewer, and power supply are more important for manufacturing.
Distribution looks for higher ceilings and fire suppression. Some increasing demand for office spaces within the industrial spaces. Yard space for parking and storage are now more important to industrial tenants in general. Construction contractor yards are another large source of unmet demand.
• Supply for industrial buildings still does not meet demand, and the low vacancy rates are not a sign of a healthy and balanced market. A vacancy rate closer to 6 percent would be considered healthy. A lot of the available industrial building product is on the older side, so newer building development is needed. Projects in the pipeline should meet the short-term demand, but the market remains short of smaller units with dock access.
• For new development, most projects begin as speculative buildings rather than build-to-suit. In general, once a building is entitled and construction begins, potential tenants will step in and the project development will proceed with the building built more to the tenant’s needs. A project with 1 million SF is going up as a spec development.
• Future industrial growth in Visalia will also depend on the city’s continued ability to provide for adequate housing to workers and infrastructure needs. The labor supply, affordability, and quality of life factors are driving demand for Visalia.
Because of the tremendous job growth in the industrial sectors, there’s increasing concern about the labor supply.
• There is concern about the entitled industrial land in Visalia being tapped out soon. One stakeholder estimated that there is about 600 to 800 acres available.
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3.4 Industrial Market Dynamics
The industrial market in Visalia has been strong and on an upward trend, driven by logistics needs. The market conditions for Visalia’s industrial buildings were already strong and trending upward before the COVID-19 pandemic.
Data from CoStar reveals that the wider Visalia (Tulare County) market has approximately 41.9 million square feet of industrial building space with 1,372 buildings.
There is a noted discrepancy between supply and demand, with low vacancy rates indicating a robust demand for industrial spaces. The vacancy rate for specialized industrial building spaces in the Visalia (Tulare County) market was about 3.4 percent in 2023.
By comparison, the Bakersfield (Kern County) market has seen its vacancy rate increase to 6.0 percent with over 3.7 million square feet of vacant industrial space.
Delving deeper into the submarkets of Visalia reveals an even more acute scarcity of industrial space, with the overall vacancy rate dipping to a historic low of 1.6 percent in 2024.
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3.5 Employment Trends and Projected Growth
Visalia is a robust employment hub, supporting more than 65,200 jobs. From 2012 to 2022, the city created over 14,000 new jobs, marking an average annual growth rate of
2.5 percent. This growth was significant, as nearly half of Tulare County’s job expansion occurred within Visalia, even though the county’s overall growth rate was slightly lower at 2.0 percent, culminating in 173,600 jobs.
The healthcare and social assistance sector emerges as Visalia’s largest employer, boasting 14,400 jobs. Over the decade spanning from 2012 to 2022, this sector saw an increase of more than 6,000 jobs. Industrial sectors, including construction, manufacturing, wholesale trade, transportation, and warehousing, also experienced substantial job growth. Construction, in particular, witnessed the second-largest job increase and the highest average annual growth rate during this period, highlighting 52 WORKING DRAFT
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the acute shortage of industrial yard spaces required to sustain such growth. The transportation and warehousing sector more than doubled its employment figures to 3,100 jobs over the decade, with a remarkable growth rate of 8.2 percent, surpassing all sectors in Visalia except for construction and significantly driving the demand for logistics spaces. Meanwhile, the manufacturing sector added over 1,100 jobs. Despite a static inventory of specialized industrial spaces for manufacturing, vacancy rates have plummeted to 1.0 percent, signaling a pressing need for a broader range of industrial premises beyond just logistics. While Visalia and Tulare County’s job growth is expected to slow down, reflecting broader regional trends, a significant demand for industrial space remains. Visalia’s emphasis on sustainable development practices extends to job creation, focusing on generating long-term employment opportunities that support the community’s well-being and the environment. 53 WORKING DRAFT
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3.6 Industries Benefiting from Visalia’s Market Access
Agriculture and Agribusiness: Given its location in one of the most productive agricultural regions in the world, agriculture remains a cornerstone of Visalia’s economy. The city’s access to markets supports distribution of a wide range of products, including dairy, nuts, fruits, and vegetables, to domestic and international markets.
Manufacturing: The Visalia Industrial Park (VIP) hosts diverse manufacturing operations, from food processing to industrial machinery. The availability of industrial- zoned sites and buildings and the necessary infrastructure make Visalia attractive for manufacturers seeking efficient access to major markets.
Distribution and Logistics: Visalia’s role in
California’s industrial warehouse market
and the broader U.S. logistics supply chain
is increasingly significant. The city’s central
location and excellent highway, rail, and
air transport options make it a strategic
choice for distribution centers and logistics
companies aiming to optimize their supply
chain operations.
Retail and Services: The flow of goods through Visalia supports a vibrant retail sector, with businesses benefiting from the purchasing power of the local community and visitors alike. Services related to agriculture, manufacturing, and logistics also see growth, including financial, legal, and technical services catering to these industries.
Technology and Innovation: While traditionally not known as a tech hub, Visalia is seeing growth in technology-related industries, driven by the city’s efforts to foster innovation, improve broadband infrastructure, and attract startups and tech companies looking for a cost-effective alternative to larger urban centers.
Renewable Energy and Sustainability: With an increasing focus on sustainability, industries related to renewable energy production and environmental technologies find Visalia’s market access and supportive business environment conducive to growth. This includes companies in solar energy production, recycling, and green manufacturing processes.
3.7 Demand for New Space
CURRENT DEMAND
Visalia’s industrial space market is experiencing significant shortages. The current vacancy rate is at a low 1.6%, indicating a need for additional industrial space. To achieve a more balanced market with a healthier vacancy rate of about 5-6%, an estimated 800,000 square feet (SF) of additional industrial space is needed immediately. This demand is separate from any future growth or relocations that might further drive the need for industrial space .
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FUTURE DEMAND
Understanding future demand for industrial space is crucial for effective urban planning and economic development in Visalia. To accommodate potential growth and ensure the city can meet the needs of businesses, it is essential to explore various scenarios that could impact demand. By examining the historical growth scenario, the low job growth scenario, and the high job growth scenario, we can better prepare for a range of possible futures. Each scenario reflects different assumptions about economic trends, job creation rates, and industrial sector dynamics, offering a comprehensive view of potential outcomes. This approach allows planners and policymakers to develop strategies that are resilient and adaptable, ensuring that Visalia can thrive regardless of future economic conditions.
• Historical Growth Scenario: In the historical growth scenario, the future demand for industrial space in Visalia is projected based on past trends in industrial square footage growth. If the trend from the last decade continues, the city is expected to need approximately 3.9 million square feet (SF) of additional industrial space by 2033.
• Low Job Growth Scenario: The low job growth scenario is based on projected job growth for industrial sectors in Visalia from JobsEQ, and assumes a modest annual increase in industrial sector jobs at a rate of 0.6%. Under this scenario, Visalia would require between 600,000 and 1.6 million SF of additional industrial space by 2033.
For Tulare County as a whole, the demand is projected to be around 1.5 million to 4.1 million SF. The projected job growth in this scenario is relatively low in comparison to historical growth trends due to several key factors:
1. Post-Pandemic Economic Recovery: The aftermath of the pandemic introduced significant uncertainty in economic projections. Initial expectations of a rapid return to pre-pandemic levels have been moderated by more recent data, suggesting a slower recovery.
2. Labor Market Shifts: Persistent labor shortages and the accelerated use of automation during the pandemic are influencing job growth projections.
Higher interest rates are also a factor, potentially slowing down business expansion and hiring.
3. Demographic Changes: Population growth has slowed, with many areas in California experiencing a net loss of residents since 2020. Factors contributing to this trend include lower birth rates, reduced immigration, and an outflow of residents to other states. These demographic shifts impact local economies, particularly sectors like retail that rely on a growing population.
4. Sectoral Adjustments: Slower population growth and consumer spending have implications for sectors like retail, which in turn affect related sectors like logistics. Although logistics remains a leading sector, JobsEQ projects a lower growth rate in comparison to what has been observed over the past decade.
• High Job Growth Scenario: The high job growth scenario is based on projections from the California Employment Development Department (EDD), which predict an 55 WORKING DRAFT
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average annual job growth rate 4.0% for transportation and warehousing. In this scenario, Visalia could see a demand for up to 6.4 million SF of industrial space by 2033. The high job growth scenario assumes robust industrial development and significant expansion of the logistics and warehousing sectors.
3.8 Planned New Projects
Visalia is gearing up for significant growth in its industrial sector with several new projects that underscore the region’s attractiveness for industrial development. The initiatives span from vast industrial complexes to expansions of existing facilities, demonstrating a broad spectrum of economic activities and potential job creation.
One of the most notable developments is a project by Seefried Industrial Properties, which is currently constructing a 3.8 million square foot industrial complex north of Riggin Road between Kelsey Street and Shirk Road. This project, which is set to be the largest in the history of Visalia’s industrial park, could employ approximately 4,100 people upon completion. The complex is expected to house warehouses, distribution centers, light manufacturing facilities, ancillary commercial services like drive-thru restaurants, a convenience store, an RV and self-storage facility, and a car wash.
Other new projects like a 400-job, one-million-square-foot Ace Hardware distribution center, and a 1.2 million-square-foot warehouse under development indicate the ongoing expansion and the city’s strategic positioning for future development.
Alongside the proactive efforts to grow the sector and cultivate a quality workforce, these projects show Visalia’s commitment to economic development and industrial diversification.
In addition to this, the Visalia Industrial Park has seen substantial turnover and growth over the years, moving from a more traditional manufacturing base to a diversified mix of industries, including distribution and e-commerce. The park is home to large firms like Amazon, which employs 1,500 people in over 2.3 million square feet of space, and UPS. The economic landscape has also been enriched by more minor “mom-and- pop” operations and a significant presence of ag-related companies. This dynamic mix contributes to the park’s strategy of shipping to 40 million customers overnight. 56
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SECTION 4: INFRASTRUCTURE AND
ACCESSIBILITY
4.1 Transportation Infrastructure
Visalia, located in the heart of California’s San Joaquin Valley, benefits from a comprehensive network of major roadways that enhance local and regional connectivity. This network supports the city’s economic vitality, particularly its diverse industrial and agricultural activities.
MAJOR HIGHWAYS
The primary artery of Visalia’s road network is State Route (SR) 99, running north-south through the city, connecting Visalia to other significant urban centers in California and facilitating both commercial and private travel. State Route 198 complements SR 99 by crossing Visalia east to west, providing a crucial link to the Interstate 5 corridor and the California coast. This highway enhances accessibility to key ports and coastal cities, integrating Visalia into the state’s expansive transportation network. The intersection of these highways in Visalia forms a logistical nexus, promoting efficient transportation logistics and economic growth.
INDUSTRIAL ZONE ACCESSIBILITY
The northwestern industrial zone, primarily west of Shirk Road and north of SR 198, greatly benefits from its proximity to these major highways. This location provides swift and reliable transportation, reducing transportation times and costs, and offering a competitive edge to businesses. Key arterials within the industrial zone include Plaza Drive, Goshen Avenue, and Riggin Avenue, which are four- and six-lane roads with ROWs of 110’ and 134’ respectively.
Riggin Avenue connects the industrial zone to the Betty Drive Interchange, a $36 million project aimed at reducing congestion and improving access to the industrial zone.
This project included widening the North Goshen overhead structure and establishing a designated truck route from SR 99 to Plaza Drive and the northern Visalia Business Park, easing heavy truck traffic. Plaza Drive connects the industrial zone to SR 198, with a recently widened overpass providing a four-lane entrance into the industrial zone.
These connections ensure that trucks can reach any location in California within one day, underscoring Visalia’s role as a critical industrial and logistical hub in the Central Valley.
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LEGEND
AIRPORT INFRASTRUCTURE
Visalia Municipal Airport (KVIS) is strategically located in close proximity to the Industrial Park, making it an ideal hub for logistics operations within the San Joaquin Valley. The airport features a single asphalt runway, Runway 12/30, which measures 6,562 feet in length, accommodating various cargo aircraft essential for freight operations. Fuel services at the airport are comprehensive, offering 24/7 self-service options for Jet-A and 100LL fuels. This ensures that cargo planes can refuel efficiently, minimizing downtime.
Visalia Municipal Airport operates with specific attendance hours, from Monday to Friday, 0800 to 1800, and Saturday to Sunday, 1000 to 1600. These attendance hours indicate when airport staff are available to provide services like fueling and customer support. However, the airport itself operates 24/7 via pilot controlled lighting allowing
VISALIA
MUNICIPAL
AIRPORT
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pilots to land and take off outside these
hours with access to essential services
like self-service fueling.
Economically, the airport stands out
with no landing fees and competitive
fuel prices, making it a cost-effective
choice for logistics companies. The
airport is currently in the final stages of
an update to its Airport Layout Plan. This
document serves as the road map for
the next 15 years of development, both
aeronautical and non-aeronautical
‘within the fence’ at the airport
and ensures that the city is fully compliant with all Federal Aviation Administration guidelines and regulations. Overall, the Visalia Municipal Airport’s robust infrastructure and comprehensive services make it a valuable asset that is capable of effectively meeting the demands of modern logistics operations.
RAIL INFRASTRUCTURE
Rail transport is also essential for Visalia’s industrial transport infrastructure. Freight services play a critical role in moving agricultural commodities and manufactured goods, supporting local agriculture and attracting manufacturing and distribution centers. The rail lines serving Visalia enable efficient, cost-effective transportation of bulk goods, with the potential for expanding and enhancing rail services further solidifying Visalia’s position as a key industrial hub. 59 WORKING DRAFT
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The San Joaquin Valley Railroad, which is owned and operated by Genesee & Wyoming, strategically runs through the Industrial Zone along Goshen Avenue, offering businesses direct rail transport access. This railroad connects to the BNSF Railroad in Fresno and Bakersfield, and to the Union Pacific Railroad in Fresno, Goshen, and Bakersfield. The Union Pacific Railroad runs parallel to SR 99, just west of the Industrial Zone. These connections provide businesses with exceptional regional and national connectivity, ensuring streamlined logistics and efficient transportation solutions. 60 WORKING DRAFT
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4.2 Wet Utility Infrastructure
WATER QUALITY AND SUPPLY
Visalia’s industrial regions face significant water quality challenges due to historical industrial activities, especially around Goshen Avenue and Shirk Road. Groundwater contamination from pollutants such as wood preservatives and chemical solvents necessitates advisories against establishing new wells in affected areas to prevent further contamination.
The California Water Service Company (Cal Water) manages Visalia’s water supply and distribution. The system includes 75 active groundwater wells from the Kaweah Sub-basin, pipelines, treatment plants, and storage facilities, all adhering to stringent state and federal guidelines to ensure potable water provision.
Cal Water confronts several challenges: meeting the increasing water demand from expanding commercial and industrial sectors, maintaining water purity in previously contaminated areas, and addressing overdraft conditions in the Kaweah Sub-basin.
The Urban Water Management Plan outlines strategies for water conservation and infrastructure improvements to support denser development.
In compliance with the California Water Conservation Act of 2009 (SB X7-7), Cal Water has implemented various conservation initiatives. These include water usage assessments, high-efficiency toilet rebates, distribution of conservation kits, and educational programs aimed at reducing urban per capita water usage.
STORMWATER AND FLOOD MANAGEMENT
Visalia’s stormwater and flood management infrastructure is crucial for protecting the city, located in California’s Central Valley, from droughts and floods. The 1994 Storm Water Master Plan (SWMP), updating its 1989 predecessor, detailed essential facilities to support urban development until 2020. This plan mapped the city’s waterways directing stormwater to large basins on the western periphery. A consultant assessed the current storm sewer system and recommended enhancements based on the General Plan update. The system collects drainage from streets and lots into storm drain pipelines, mostly guided by gravity, and occasionally by lift pumps, to the main drainage network. Detention and retention basins effectively manage stormwater during severe weather, minimizing flood risks.
The City is currently updating the Storm Water Master Plan to address evolving needs and regulatory requirements. Collaborative efforts between the city, the Kaweah Delta Water Conservation District, and the Tulare Irrigation District focus on improving stormwater management and groundwater recharge. The December 2005 Storm Water Master Plan elaborates on using infrastructure such as creeks and ditches for dual purposes. Recent adjustments to the SWMP, driven by the National Pollutant Discharge Elimination System (NPDES) Phase II regulations, promote sustainable stormwater treatment practices, including Low Impact Design (LID) strategies, reducing environmental impacts and supporting denser urban development. 62 WORKING DRAFT
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INDUSTRIAL STORMWATER MANAGEMENT
Visalia’s industrial development incorporates proactive measures to manage urban runoff and enhance water quality. Industrial zones are designed with privately owned detention basins for each significant facility, ensuring meticulous handling of industrial runoff and alleviating pressure on the municipal stormwater system. This approach underscores Visalia’s commitment to reducing the industrial sector’s environmental footprint, presenting a sustainable development model focused on stormwater management and ecological conservation.
The city’s Geographic Information System (GIS) database is continually updated to ensure compliance with strict stormwater management guidelines for all developments, including industrial projects. This harmonizes industrial expansion with environmental stewardship, ensuring Visalia’s infrastructure remains resilient and effective amidst evolving environmental and regulatory conditions.
WASTEWATER COLLECTION AND TREATMENT
Visalia’s wastewater collection and treatment are managed by the City’s Water Conservation Plant (WCP), located west of Highway 99 and south of Highway 198. As of 2023, the plant operates at an average daily flow of 12.6 million gallons per day, treating effluent to a secondary treatment level. The WCP is crucial in handling wastewater from residential, commercial, and industrial sources, ensuring that effluent meets regulatory standards before being discharged or reused.
The Sewer System Master Plan (SSMP) divides the city into eight service areas based on existing and proposed sewer trunklines and growth patterns established by the General Plan. This division aids in the development of the Capital Improvement Program for sanitary sewer facilities. The SSMP highlights the need for ongoing upgrades and expansions to meet future demands and maintain service quality.
Visalia’s approach to wastewater management includes upgrading the WCP to produce recycled water suitable for various non-potable uses, such as landscape irrigation, which helps reduce demand on potable water supplies. This initiative aligns with broader water conservation and sustainability goals.
The City is also currently updating its Wastewater Master Plan to address future growth and regulatory requirements. Collaborative efforts with regional agencies aim to enhance wastewater management and groundwater recharge. The City continually seeks to improve its wastewater infrastructure to support urban development and comply with state and federal regulations, ensuring a sustainable and efficient wastewater system for Visalia .
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4.3 Energy Supply and Sustainability
Visalia exhibits an energy landscape that mirrors its geographical and industrial context.
Energy, including industrial zones, is predominantly managed by Southern California Edison (SCE) for electricity and the Southern California Gas Company (SoCalGas) for natural gas. These entities cater to a broad spectrum of needs, encompassing residential, commercial, and, notably, the industrial sector.
SCE, among the nation’s largest electric utilities, serves a vast area encompassing central, coastal, and Southern California,
reaching over 15 million individuals. The utility
is dedicated to developing a modern power
network to meet evolving energy demands and
is committed to community investment and
sustainable energy practices. SCE procures
its electricity from a diversified mix of power
generation sources, including power plants,
natural gas deposits, and renewable energy,
distributed via high-voltage transmission
networks. SoCalGas’s infrastructure comprises
four storage facilities throughout southern
California and an extensive system of
compressor stations and pipelines, ensuring
consistent natural gas delivery across the
region.
SCE has proactively engaged in several capital improvement projects (CIPs) in the northwest area of Visalia. These projects aim to enhance the reliability and capacity of the electrical grid, supporting the growing industrial and residential demands.
SCE’s GIS based, Distribution Resources Plan External Portal (DRPEP) provides detailed visualizations and updates on these ongoing improvements, highlighting areas where significant infrastructure upgrades are taking place.
In terms of energy management,
Visalia adopts a forward-looking
and sustainable approach. The
city has initiated several projects
to curb energy use and minimize
greenhouse gas emissions. These
initiatives encompass adopting
green building standards to
lessen energy consumption in
new and upgraded structures
and conducting thorough energy
audits to pinpoint efficiency
improvements in public buildings.
Visalia’s dedication to sustainability
is further demonstrated by its
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investment in alternative fuel vehicles, including compressed natural gas (CNG) buses and trucks, alongside the establishment of a CNG fueling station, acquisition of electric- hybrid vehicles, and the installation of photovoltaic (PV) systems at key facilities like the airport and transit center. Participation in the San Joaquin Valley Clean Energy Organization (SJVCEO) and formulating a Climate Action Plan (CAP) underscore Visalia’s commitment to aligning with broader regional and state sustainability and emission reduction objectives. These measures display Visalia’s environmental responsibility and position it as a leader in energy management and climate initiative leadership. Visalia’s renewable energy and conservation efforts extend to its industrial land use strategy, emphasizing the integration of large-scale renewable projects and enhancing energy efficiency within industrial domains.
A notable development is the approval of a lithium-ion battery energy storage system (BESS) by the Tulare County Planning Commission. This new facility, situated southeast of Visalia, aims to hold 500 megawatts of energy for up to 12 hours, supporting peak energy demand periods. Occupying 40 of a 48-acre site traditionally used for agriculture, this project signifies a transition to renewable energy in Visalia’s industrial and agricultural sectors. Scheduled for completion no earlier than 2026, this project exemplifies the region’s commitment to diminishing dependence on fossil fuels and reducing greenhouse gas emissions, supporting California’s environmental objectives and enhancing grid stability.
Another important BESS will be located within the industrial park on Sunnyview Avenue, just east of Clancy Street. Visalia is in the process of obtaining easements from YS Industries to connect this system to Shirk Street. This BESS will further support the industrial park by providing a reliable energy storage solution, enhancing the energy infrastructure, and supporting the ongoing growth and development in the area.
Additionally, Visalia’s industrial strategy promotes solar energy adoption within its commercial and industrial sectors, providing resources and incentives for solar investment. This aligns with the goals of the Southwest Solar Transformation Initiative, aiming to make solar power more affordable and accessible, thus fostering sustainable and efficient energy practices. Supported by financial incentives, including a 30% Federal Tax Credit and the California Solar Initiative offering cash rebates for solar installations, these measures facilitate solar energy uptake in commercial properties, including inside the industrial zones.
Visalia is actively collaborating with SCE to enhance power supply for new industrial developments, ensuring reliable and sufficient energy for future growth. The City is actively working with SCE to improve service to new areas and mitigate power supply issues. One significant initiative involves exploring the development of a solar generation facility west of SR 99 near the City’s wastewater treatment facility. This proposed facility is expected to provide adequate power to make the wastewater treatment facility 100% energy-independent and relieve considerable pressure from the energy grid. Additionally, the establishment of a microgrid will be assessed to determine if additional power is needed to support further industrial or development of supportive services for industrial and commercial uses such as hydrogen production for hydrogen fleet vehicles and trucking industry highlighting Visalia’s proactive approach.
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4.4 Access to Raw Materials
In Visalia, access to raw materials
is facilitated by the city’s strategic
location in one of the most
prominent agricultural regions in the
world, as well as by local companies
that source and supply these
materials. For example, Sorma USA,
a company based in Visalia and
part of the Sorma Group from Italy,
has recently expanded its facility to
enhance its capacity for accessing
more materials and machines.
This expansion includes a new 20,000-square-foot facility that increases warehouse space and ensures raw materials are sourced in the USA. This move indicates Visalia’s capacity to support industries requiring access to various raw materials, particularly those in the agricultural sector. Another key player in the local industry is Motion Industries, which offers a wide range of industrial supplies, including raw materials, to various sectors. The company’s extensive catalog indicates a robust supply chain supporting various industrial needs within Visalia and beyond.
These examples underscore Visalia’s strong position regarding access to raw materials, supported by its infrastructure, strategic expansions by local companies, and the city’s significance in the agricultural landscape. This access drives local industries and contributes significantly to the broader regional economy.
4.5 Emergency Services and Safety Infrastructure
In the industrial sectors of Visalia, the city’s emergency services and safety infrastructure exhibit a high level of preparedness
and strategic foresight, specifically
designed to protect the well-being of
its industrial community and broader
residents. This preparedness is
shown by the robust operations of
the Visalia Police Department and
Fire Department, which are crucial
for providing police protection,
fire suppression, and emergency
medical services within these critical
areas.
Fire Station 55, located directly
adjacent to the industrial park, plays a
pivotal role in enhancing emergency
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response times and operational efficiency. The presence of a specialized hazardous materials (hazmat) unit at Fire Station 55 significantly reduces liability insurance rates for companies in the industrial park, contributing to lower operational costs. This reduction is attributed to the improved Insurance Services Office (ISO) ratings, which reflect the superior fire protection services available to industrial businesses in the area.
Visalia’s emergency preparedness and response strategy is strengthened through collaborative efforts with county and state agencies, ensuring resilience against natural and man-made emergencies.
4.6 Labor Workforce Infrastructure
The labor and workforce infrastructure in Visalia is a vital component of the city’s industrial sector. Recognized as a critical need, various local efforts are underway to address workforce development and ensure a steady supply of skilled labor for industrial occupations. This section highlights the initiatives and partnerships that contribute to the robust workforce infrastructure in Visalia.
WORKFORCE CHARACTERISTICS
Visalia boasts a notably young working population, which sets it apart from many other regions where the workforce is aging. According to the U.S. Census Bureau data from the 2020 American Community Survey, the median age in Visalia is approximately 33 years, compared to the national median age of 38.1 years. Additionally, about 28.2% of Visalia’s population is under the age of 18, indicating a future pipeline of young workers entering the labor market. This demographic trend provides a dynamic and adaptable labor pool, ready to meet the evolving demands of the industrial sector. 69 WORKING DRAFT
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EDUCATIONAL AND TRAINING INSTITUTIONS
• College of the Sequoias: College of the Sequoias offers a wide range of educational and vocational training programs to directly address the skill gaps identified by local employers. Programs include certificates and degrees in areas such as industrial automation, industrial mechanics, and manufacturing automation.
College of the Sequoias is currently expanding it’s facilities in Tulare. This expansion is aimed specifically at industrial-related occupations and is estimated to be completed in 2027. Additionally, the College of the Sequoia Training Resource Center offers specialized training and development services that further enhance the capabilities of the local workforce. The Training Resource Center collaborates closely with businesses to provide customized training solutions, ensuring that employees remain up-to-date with the latest industry standards and technologies.
This partnership not only helps businesses maintain a competitive edge but also provides continuous learning and career growth opportunities for workers. Through initial funding support from the City of Visalia, the Training Resource Center has located its training office in the Visalia Industrial Park in space provided by Sorma USA. Other training providers in the industrial park include ACI, SJVC, Proteus, etc. • Lemoore College: West Hills College Lemoore plays a crucial role in Visalia’s labor workforce infrastructure by offering comprehensive Industrial Technology programs designed to prepare and upskill individuals for in-demand careers in manufacturing fields. These programs include certificates and degrees in areas such as industrial automation, industrial mechanics, and manufacturing automation. Students receive training in critical skills such as electrical systems, programmable logic controllers (PLC), automation, hydraulics, pneumatics, and 70 WORKING DRAFT
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robotics. These flexible, industry-approved training options ensure that graduates are well-equipped to meet the needs of local employers and excel in the industrial sector.
• SACA Program: The Smart Automation Certification Alliance (SACA) program is a pivotal element of Visalia’s industrial workforce development infrastructure, providing industry-recognized credentials in advanced manufacturing and automation technologies. Developed in collaboration with leading industry partners, SACA certifications ensure that individuals are proficient in key areas such as programmable logic controllers (PLCs), robotics, electrical systems, hydraulics, pneumatics, and other essential components of modern industrial operations. The regional adoption of the SACA program by multiple educational institutions, including Lemoore College, College of the Sequoias, College of the Sequoias Training Resource Center, and Visalia Adult School, highlights a collective effort to elevate the skill set of the local workforce. This widespread implementation ensures that a broad base of workers can access high-quality training tailored to meet the demands of the industrial sector. By aligning educational programs with industry standards, SACA certifications provide assurance to employers that certified individuals possess the practical, hands-on skills necessary for today’s advanced manufacturing environments.
In summary, the SACA program ensures that the local workforce remains competitive and capable of meeting the evolving demands of the industrial sector. 71
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SECTION 5: CHALLENGES AND
OPPORTUNITIES
5.1 Challenges
Visalia is an emerging market for industrial development, recognized for its favorable business climate and strategic location. However, despite the positive growth trajectory, several challenges threaten to hinder the continued expansion of industrial activities.
Interview with stakeholders have identified three primary challenges to continued industrial growth in the City of Visalia: labor supply, regulatory factors, and power and infrastructure.
LABOR SUPPLY CHALLENGES
A recurring theme among stakeholders is the concern over the availability and quality of the labor force necessary for industrial growth in Visalia. The industrial sector, particularly manufacturing, demands a skilled workforce, including roles such as maintenance technicians and specialized operators. Stakeholders have highlighted that while distribution centers require less specialized skills, the manufacturing sector faces significant challenges in finding adequately skilled labor. Additionally, stakeholders emphasized the importance of adequate housing in attracting and retaining the workforce needed for industrial operations. Current housing development must keep pace with industrial growth to prevent labor shortages from becoming a bottleneck for development. Another concern raised by stakeholders is the impact of state regulations, such as the new fast-food minimum wage, on the competitiveness of industrial jobs. Industrial roles requiring physical labor may find it challenging to attract workers if wages do not remain competitive with other sectors.
REGULATORY CHALLENGES
Regulatory factors significantly influence the industrial development landscape in Visalia, impacting the pace and extent of growth. Regulations related to vehicle miles traveled (VMT) and air quality standards present significant hurdles for industrial growth, especially in rural communities like Visalia. These regulations can slow industrial expansion and affect long-term growth prospects. Although Visalia’s local government is praised for its pro-business attitude and efficient processes, broader state and federal regulations remain challenging. High taxes and stringent environmental regulations in California deter industrial growth and can drive businesses to regions with more lenient policies. Ongoing legal challenges across the region create uncertainty and can delay project timelines. Navigating these legal complexities requires significant 72 WORKING DRAFT
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resources, potentially deterring investors from pursuing industrial projects in Visalia.
POWER AND INFRASTRUCTURE CHALLENGES
Adequate infrastructure is vital for supporting industrial activities, and current conditions in Visalia present some challenges. Visalia occasionally faces difficulties in meeting the power demands of more energy intensive industrial operations. The existing power infrastructure needs enhancement to fully support the high energy requirements of larger power consumers such as advanced manufacturing, cold storage, or data centers. In addition to power, robust water and sewer infrastructure are crucial for industrial operations, particularly in manufacturing and food processing.
Ensuring these utilities are sufficient and reliable is key for attracting and retaining industrial tenants. While road access, especially to major highways like Highway 99, is a strength, maintaining and improving this infrastructure remains important. Efficient transportation routes are essential for supporting the continued growth of industrial activities.
5.2 Opportunities
STRONG DEMAND FOR INDUSTRIAL SPACE
Visalia is currently experiencing a high demand for industrial spaces, particularly for distribution and logistics. This robust demand is driven by several factors. Firstly, Visalia’s strategic location in the Central Valley, with access to major transportation routes like Highway 99 and Interstate 5, makes it an attractive alternative to the increasingly crowded and expensive industrial markets in the Bay Area and Los Angeles. The city’s industrial market is considered an emerging hub for logistics operations, benefiting from the overflow of demand from larger markets like the Inland Empire, Fresno, and Bakersfield .
The market conditions for Visalia’s industrial buildings have been strong and trending upward even before the COVID-19 pandemic. The pandemic accelerated the demand for logistics facilities, and this demand has remained high, despite a slight perception of decrease in recent months. The overall vacancy rate for industrial buildings in Visalia is notably low, reflecting a very tight market with a high demand for space. For instance, in 2023, the vacancy rate for industrial spaces in Visalia was only 1.6%, which signifies a very competitive market .
STRATEGIC LOCATION
One of Visalia’s most significant advantages is its centralized location in California, coupled with easy access to major highways and proximity to key markets. Visalia is strategically positioned at the heart of the state, offering unparalleled logistical benefits to businesses. The city is located along California State Route 99 (Highway 99), a major north-south artery that runs through the Central Valley, connecting key agricultural and industrial regions. Highway 99 facilitates efficient transportation of goods to major markets such as Fresno to the north and Bakersfield to the south, as well as providing direct routes to Sacramento and other northern California regions.
Additionally, Visalia’s proximity to Interstate 5 (I-5) further enhances its connectivity. 73 WORKING DRAFT
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I-5 is one of the most significant transportation corridors on the West Coast, stretching from Mexico to Canada. This interstate provides vital links to major ports, such as the Port of Los Angeles and the Port of Long Beach, enabling easy access to international shipping routes. The ability to reach these ports within a one-day drive makes Visalia an ideal location for distribution centers and logistics operations that require rapid and cost-effective transportation of goods.
The city’s accessibility is not limited to highways. Visalia is also served by the Visalia Municipal Airport, which supports corporate and general aviation needs. This adds an extra layer of connectivity for businesses that require air transportation for their operations.
The strategic location and superior accessibility make Visalia an attractive hub for businesses that rely on efficient and cost-effective transportation. Companies can easily move products across the state, country, and even internationally, leveraging Visalia’s well-connected infrastructure.
PRO-BUSINESS ENVIRONMENT
Visalia’s pro-business attitude is another significant factor contributing to its attractiveness for industrial development. The city is known for its efficient decision-making processes and readiness for development, which streamline the establishment and expansion of industrial operations. Stakeholders have praised the local government’s commitment to creating a business-friendly environment, which includes providing support and resources to businesses, facilitating permits and approvals, and maintaining open lines of communication with industry leaders. This supportive atmosphere helps reduce bureaucratic hurdles and accelerates project timelines, making Visalia an appealing choice for industrial investors.
Visalia prides itself on having one of the most streamlined entitlement processes in the state. The City offers a one-week Site Plan Review (SPR) process where complete site plan applications submitted by Thursdays at 4:00 PM are reviewed the following Wednesday morning. This rapid review process involves all applicable departments, which provide their responses to the proposed project site plan.
If the project does not require any additional discretionary approvals, it can quickly proceed to the building permit submission stage. The city has established clear review deadlines for building permits. The initial submittal review is completed within 30 days, and resubmissions are reviewed within 15 days. If discretionary approval is required, the project will go to Planning Commission for approval. The Planning Commission holds meetings twice monthly to ensure timely processing of applications.
COMPETITIVE COSTS
Compared to larger markets like Los Angeles and the Bay Area, Visalia offers lower costs of land and operation. This cost advantage is a significant draw for businesses seeking to minimize expenses while maintaining proximity to major markets. The affordability of industrial land in Visalia allows companies to invest in larger or more advanced facilities without the prohibitive costs associated with more densely populated areas.
Additionally, lower operational costs contribute to overall business efficiency and 74 WORKING DRAFT
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profitability, making Visalia a financially attractive option for industrial enterprises.
Moreover, Visalia’s relatively affordable living costs play a crucial role in attracting and retaining talent. For instance, in June 2024, the median home price in Visalia was $389,500, compared to the California median home price of $858,900 in May 2024. This stark contrast in housing costs makes it easier for workers to find affordable housing, reduce living expenses, and maintain a higher quality of life. Additionally, the cost of living in Visalia is lower than in larger metropolitan areas, allowing employees to enjoy a comfortable lifestyle without the financial pressures found in more expensive regions.
As seen in the table above, the comparison between Visalia and California reveals key insights about housing affordability. Visalia’s SMOCAPI is relatively high at 42.4% and the city’s GRAPI is 38.4%, much lower than the state average of 45%. This suggests that Visalia has more affordable housing options when factoring in household incomes and housing costs. As a result, Visalia households likely enjoy more discretionary income compared to those in other parts of California. This is a positive sign for the local economy, as it indicates residents have more financial flexibility beyond housing expenses. However, the low homeowner vacancy rate of 0.4, compared to California’s
0.9, highlights a tight housing market. This low vacancy rate suggests that housing supply in Visalia is insufficient to meet current demand, which could put pressure on prices over time. This suggests a need to increase housing supply to address the existing gap and maintain affordability in the long term. 75 WORKING DRAFT
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In terms of labor costs, workers in the Visalia-Porterville, CA Metropolitan Statistical Area had an average hourly wage of $25.40 in May 2022, which is 15 percent below the nationwide average of $29.76 and significantly lower than the California mean hourly wage of $37.45 in 2022. This lower labor cost is advantageous for businesses as it helps to keep operational expenses down while still attracting skilled workers.
The affordability of Visalia helps companies attract and retain a stable workforce, as employees can benefit from competitive wages while enjoying a lower cost of living.
Furthermore, Visalia’s public schools are above average, providing quality education for employees’ families, which adds to the overall appeal of the city. By providing a balance of affordable living, competitive wages, and lower labor costs, Visalia enhances its appeal to both businesses and workers, fostering a robust industrial workforce essential for sustained growth.
5.3 Potential Locations For New Development
EXISTING VISALIA INDUSTRIAL PARK
The Visalia Industrial Park, spanning over 4,342 acres, is designated for various uses under the Visalia General Plan, including Industrial, Light Industrial, and Business Research Park, under the zoning categories of I, Industrial, I-L, Light Industrial and BRP.
Among these, 42 parcels totaling 1,195 acres are identified as potentially developable, vacant, and not currently under development plans. These comprise 976 acres for 76 WORKING DRAFT
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industrial use, 117 acres for light industrial, and 102 acres for Business Research Park land uses. The surrounding areas include farmland and dairies to the north, Highway 198 to the south, the City of Visalia, predominantly residential, to the East, and the community of Goshen to the West.
Infrastructure within the Visalia Industrial Park is well-established, offering convenient access to SR99 and SR198 via Riggin Avenue and Plaza Drive, which are four and six- lane arterials. Riggin Avenue facilitates connection to the Betty Drive Interchange, while Plaza Drive links to SR 198, with a recent widening of the overpass enhancing access. The San Joaquin Valley Railroad, which is owned and operated by Genesee & Wyoming, traverses the center of the industrial zone along Goshen Avenue, extending branches throughout for accessible rail service to businesses. Utility infrastructure, including sewer, stormwater, and electricity, is readily available, making connections within the park relatively straightforward.
Environmental considerations within the Visalia Industrial Park note that while some sites may replace agricultural areas, most parcels poised for development, particularly those vacant within the industrial park, present minimal environmental impacts.
To alleviate concerns regarding the conversion of farmland, the City of Visalia has implemented an agricultural mitigation program. This program ensures that any development replacing agricultural land can easily mitigate the impact, preserving agricultural resources and maintaining the balance between urban growth and agricultural preservation. The park’s strategic location bordered by Visalia and Goshen, coupled with easy access to SR99 and SR198, ensures convenient accessibility for the labor market from nearby cities such as Tulare and Hanford. However, scalability may be constrained by the lot sizes and the existing industrial landscape. Additionally, the California Department of Toxic Substances has identified six potentially contaminated sites within the industrial park, indicating areas requiring further attention before development proceeds.
AIRPORT RESERVE
This expansive area includes 47 parcels across 1,502 acres, of which 32 parcels totaling 1,354 acres are currently undeveloped or underdeveloped. This area is designated by 77 WORKING DRAFT
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the Visalia General Plan as Reserve and is currently located outside of City Limits.
This area offers close proximity to the SR99 and Caldwell Avenue Interchange. Future buildout of Shirk Road will further enhance this area’s accessibility. Additionally, this area offers close proximity to the airport, which may be a benefit to some manufacturing and logistics tenants. Despite the absence of direct rail access, existing tracks run alongside Highway 99 and are not far from this area.
However, it’s important to note that the area is mostly undeveloped farmland, and, at present, lacks stormwater, sewage, and water utilities to support industrial development.
From an environmental and risk assessment standpoint, converting the farmland for non-agricultural purposes poses potentially significant changes. Most of the land falls within the X02 flood zone, with only minor portions in the AE flood zones, and there are no known contaminants, which slightly mitigates environmental concerns. To address concerns regarding the conversion of farmland, the City’s agricultural mitigation program will apply, ensuring that development in this area can mitigate the loss of agricultural land, thus supporting sustainable growth. The site’s strategic location near Visalia to the East and SR99 to the West makes it readily accessible to the labor market from Tulare, Hanford, and other nearby cities, suggesting a favorable proximity to a broad workforce. Additionally, the substantial size and scalability of the land offer ample room for growth and future development, marking it as a prime candidate for diverse industrial developmental projects.
WEST OF SR 99
Covering an area West of SR 99, this land consists of 16 parcels, collectively encompassing 1,475 acres that can be potentially developable. The general plan for this area designates its use primarily for Agriculture, with a small amount for Conservation. The zoning is identified as X for County Land in the northern area, and A for agriculture in the southern area. This location is situated around the existing Visalia water treatment plant and adjacent land for the plant’s expansion, currently designated as Public-Institutional. The transportation infrastructure in this area includes the SR99 Interchange with Caldwell Avenue near the southern boundary and the northern boundary is near the SR99 and SR198 interchange. However, there is no direct access onto the highway to the north. Caldwell Avenue and Road 68, located 78 WORKING DRAFT
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to the south and East of this area, are both currently a two-lane road. While there’s no direct rail access, existing tracks border the area to the East alongside SR99. As mostly undeveloped farmland, the area is expected to have limited to no stormwater, sewage, and water utilities.
The transition of this farmland to non-agricultural uses will have environmental implications, especially considering the streams, ditches, and ponds that are scattered throughout the area, necessitating avoidance or mitigation efforts. To address the potential impact on agricultural land, the City’s agricultural mitigation program will be applied, ensuring that projects can mitigate potential impacts to agricultural resources while facilitating industrial growth. In terms of risk assessment, most of this tract falls within the “A” Flood Zone, with a portion of the northern area in the “X” Flood Zone, and no known contaminants have been identified. The area’s accessibility from Visalia to the East and SR99 to the West makes it an attractive option for workers from Tulare, Hanford, and other nearby cities, indicating a favorable proximity to a robust labor market. Although there is room to grow and scale, development would need to be strategically planned around the water treatment plant and the existing water features, presenting unique challenges and opportunities.
TOOR AREA
The Toor Area, located at the northeast corner of Highway 99 and SR 198, comprises approximately 130 acres across five parcels. This area is strategically positioned, bordered by industrial development to the north and service commercial to the east, making it an attractive location for potential industrial expansion.
Part of the Toor Area falls within the city limits and is currently zoned for agricultural use.
A portion of the site has undergone Site Plan Review (SPR) to propose a rezoning from agricultural to industrial use, indicating significant interest in developing this area for industrial purposes. However, it has not yet been rezoned. The site is currently designated for agricultural use under the City’s General Plan. As with other areas, the City’s agricultural mitigation program will apply here, ensuring that development can implement mitigation measures to offset the conversion of agricultural land to industrial use.
The infrastructure within the Toor Area is conducive to industrial development. A sewer main runs through the site, ensuring efficient wastewater management. Additionally, 79 WORKING DRAFT
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stormwater access is readily available from nearby American Street, further supporting the site’s development potential.
The established infrastructure and strategic location near major highways make the Toor Area a prime candidate for industrial growth. Its accessibility from Highway 99 and SR 198 ensures excellent connectivity for logistics and transportation, enhancing its appeal to potential industrial tenants.
The Toor Area’s proximity to existing industrial and commercial developments underscores its potential as a significant contributor to Visalia’s industrial landscape, offering ample opportunities for growth and development. 80
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6.1 Recommendations and Strategies
The following strategies and recommendations have been identified to address stakeholder-identified challenges and capitalize on Visalia’s opportunities for industrial growth. These recommendations aim to ensure the city’s infrastructure, housing, and utilities can support the projected increase in industrial development, thereby fostering economic growth and sustainability.
RECOMMENDATION #1: DESIGNATION OF ADDITIONAL INDUSTRIAL LAND To support projected industrial growth, it is recommended that an additional 405 acres within the Reserve area be designated for industrial development.
Supporting Evidence and Rationale:
Under the highest projected growth scenario for industrial development in Visalia, the City will require an additional 6.4 million square feet of industrial building space by 2033. With a floor area ratio (FAR) build-out of 0.15, this translates to approximately 1,102 acres. However, this projection does not account for the necessary support services and infrastructure related to industrial uses.
Currently, only 66% of the developed parcels designated as industrial in Visalia are utilized for light manufacturing, heavy manufacturing, or distribution/warehouse purposes. Approximately 33% of these lands are dedicated to support services such as utilities, offices, commercial establishments, and restaurants. Future industrial development is expected to maintain a similar ratio of support uses.
In addition to support services, a portion of the land will be needed for transportation accessibility and rights of way (ROW). Presently, about 9% of the area designated as Industrial, Light Industrial, and Business Research Park in the General Plan is utilized for public ROW. It is anticipated that future industrial growth will require similar ROW allocations. Considering the need for support services and ROW, the total area required to support the projected 6.4 million square feet of industrial building space is approximately 1,600 acres.
The City of Visalia’s General Plan currently designates 1164 acres of vacant land for Light Industrial, Industrial, or Business Research Park uses. This results in a shortfall SECTION 6: RECOMMENDATIONS AND
CONCLUSION
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of at least 435 acres needed to meet future industrial growth demands. Therefore, it is necessary to identify and designate additional land to ensure that Visalia can accommodate future industrial development.
The Reserve area is particularly suitable for this designation for several reasons.
Portions of the Reserve area lie within airport zones, which are unsuitable for residential or other sensitive uses, making them ideal for industrial development. Additionally, the area offers close proximity to the SR99 and Caldwell interchange, providing excellent transportation connectivity. The future development of Shirk Road will further enhance access to this area, making it even more attractive for industrial use.
Aligning with the Visalia General Plan’s objectives, this recommendation emphasizes the importance of providing adequate land in a variety of parcel sizes for industrial development, thereby strengthening the City’s role as a regional manufacturing center. Policies aimed at ensuring compatibility between industrial lands and adjacent dissimilar land uses, as well as maintaining high standards for infrastructure and design, further support this recommendation.
SR 198
SR 99
VISALIA VISALIA
MUNICIPAL MUNICIPAL
AIRPORTAIRPORT
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RECOMMENDATION #2: UTILITIES EXPANSION
The Reserve area is currently outside of City limits and lacks the necessary infrastructure to support industrial development. If the City follows Recommendation #1 to reclassify 435 acres of the Reserve area for industrial use, it is essential to extend water, sewer, and stormwater lines to this area. Therefore, it is proposed that water, sewer, and stormwater mainlines be extended to the south along Shirk Road and to the west along Caldwell Avenue to connect this area to City services.
RECOMMENDATION #3: SHIRK ROAD EXPANSION
If the City follows Recommendation #1 to reclassify 435 acres of the Reserve area for industrial use, it is recommended that Shirk Road be fully built out to its ultimate Right- of-Way from Caldwell Avenue to SR 198.
Building out Shirk Road to its full
ROW width will greatly support and
accelerate industrial development
in the reclassified Reserve area. The
strategic location near SR 99 and SR
198 is one of Visalia’s main draws for
industrial developers. The segment
of Shirk Road between Caldwell
Avenue and SR 198 currently
operates as a two-lane road with
limited capacity for high volumes of
traffic. However, if Shirk Road were
fully built out, this segment would
serve as an effective connection to
SR 99 and SR 198, greatly improving
the market value of the reclassified
Reserve area. By ensuring that the
Reserve area is well-connected,
Visalia can attract a diverse range of
industries, creating job opportunities
and stimulating economic growth.
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RECOMMENDATION #4: RENEWABLE ENERGY DEVELOPMENT
To support the additional industrial development in the reclassified Reserve area, an increase in power generation capacity is required. It is proposed to establish a solar facility west of SR 99 near the wastewater treatment plant. This strategic location is suitable for large-scale solar installations and leverages existing infrastructure.
This renewable energy initiative aligns with Visalia’s commitment to sustainability and environmental stewardship. Utilizing solar power reduces reliance on non-renewable energy sources, thereby decreasing greenhouse gas emissions and promoting clean energy. This sustainable approach not only meets the energy needs of the industrial development but also enhances Visalia’s reputation as a forward-thinking, environmentally conscious city.
Supporting Information:
To accommodate the projected industrial growth, significant energy resources will be needed. The industrial buildings in the reclassified Reserve area are estimated to consume approximately 128 million kWh annually, assuming an average consumption rate of 20 kWh per square foot per year for 6.4 million square feet of industrial space.
In Visalia, one acre of solar panels can produce approximately 525,000 kWh per year. To meet the energy demands of the future industrial space, it is estimated that around 244 acres of solar panels will be required. Establishing a solar facility near the wastewater treatment plant, west of SR 99, is a strategic choice due to the availability of land and the proximity to existing infrastructure.
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RECOMMENDATION #5: HOUSING DEVELOPMENT FOR WORKFORCE
Workforce housing availability has been
identified by stakeholders as a potential
constraint to industrial development. To
support the projected industrial growth
and the creation of approximately 3,000
new jobs in Visalia, it is essential to ensure
that the housing supply keeps pace with
industrial development. It is recommended
that additional land be designated for
residential use to accommodate the
projected increase in the workforce.
Supporting Information:
Ensuring an adequate supply of housing is a critical component to maintaining a stable and available labor force for industrial operations. Without sufficient housing, the city may face labor shortages, which could hinder industrial growth and economic development. To maintain the current ratio of 1.25 jobs per employed resident, an additional 2,400 new housing units will be needed to support the addition of 3000 new industrial jobs.
Suitable areas for this residential development include portions of the Reserve area that do not overlap with the airport safety zones, as well as other areas within the City’s Sphere of Influence (SOI).
Further analysis is recommended to determine the exact amount of additional housing needed over the planning timeframe and to identify the most suitable locations for this development. This analysis should consider factors such as proximity to industrial areas, availability of infrastructure, compliance with safety and environmental regulations, and consistency with the City of Visalia General Plan Housing Element Update goals and policies, including the following:
Goals:
1. A Diversity of Housing to Meet Local Needs: Provide a broad range of housing types and densities to meet the needs of all Visalia residents.
2. Mixed Use, Infill, and Downtown Development: Promote mixed-use, infill, and downtown development in Visalia.
3. Encouraging Construction and Maintenance of Affordable Housing: Support the development of affordable housing through various incentives and collaborations
Policies:
1. HE Policy 1.1: Ensure sufficient land is available and zoned at a range of residential densities to accommodate the city’s regional share of new construction housing.
2. HE Policy 1.4: Encourage a mix of residential development types in the city, including single-family homes, townhomes, row houses, live-work units, planned unit developments, accessory dwelling units, and multi-family housing. 85 WORKING DRAFT
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3. HE Policy 1.7: Promote development standards that ensure new residential developments are long-term assets to the city, make effective use of land, and are compatible with adjacent land uses.
4. HE Policy 2.1: Provide regulatory incentives to promote infill development on vacant and underutilized land within the city limits.
5. HE Policy 3.1 - 3.20: Encourage the development of affordable housing by design, such as small lot single-family units and accessory dwelling units (ADUs).
Promote cooperation between the public sector, private sector, and non-profit affordable housing entities.
6. HE Policy 5.1 - 5.7: Encourage the development of housing for elderly, persons with disabilities, large families, and families in need of emergency shelter.
Facilitate private sector development and support non-profit organizations in the development of affordable housing.
By aligning with these goals and policies, the recommendation for workforce housing development supports the broader objectives of the City’s Housing Element, ensuring that Visalia remains a vibrant and economically resilient community capable of accommodating future growth.
RECOMMENDATION #6: INCLUDE COMPREHENSIVE MEDICAL FACILITIES
AND SERVICES IN THE BUSINESS RESEARCH PARK ZONE
Based on the projected job growth and market needs, the following additional uses are recommended for inclusion in the Business Research Park zoning designation:
• Medical Offices and Clinics: Allow for a broader range of medical uses, including specialty clinics, outpatient care facilities, and diagnostic centers, to support the expanding healthcare sector and meet community needs. Some examples would include physical therapists, physicians/surgeons, dentists/orthodontists, optometrists, chiropractors, etc.
• Healthcare-Related Research Facilities: Include uses related to medical and healthcare research to foster innovation and collaboration within the BRP zone. • Pharmaceutical and Biomedical Labs: Permit the establishment of pharmaceutical and biomedical research laboratories, which are complementary to medical office uses and contribute to the development of a healthcare hub within the BRP zone.
• Support Services for Medical Offices: Allow ancillary services that support medical offices, such as pharmacies, medical supply stores, and rehabilitation centers, to create a comprehensive medical service area. • Health and Wellness Centers: Include facilities that promote overall health and wellness, such as fitness centers, therapy centers, and health education facilities, which align with the objectives of a Business Research Park focused on health-related uses.
Considering that health and medical services are the fastest growing job sector in Visalia, expanding the allowable uses within the BRP zone to include a wider range of medical office uses and healthcare-related facilities will provide a multitude of benefits to the community. These benefits include enhanced economic development, 86 WORKING DRAFT
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greater access to healthcare services, and opportunities for medical and healthcare innovation.
The proposed additions to the allowable uses within the Business Research Park zone aligns with the broader objectives of the Visalia General Plan and will support the demands of the City’s growing population. By implementing these changes, the City of Visalia can better support its healthcare sector, attract diverse businesses, and promote sustainable economic growth.
6.2 Conclusion
The Industrial Lands Inventory Analysis for the City of Visalia highlights a vibrant and evolving industrial landscape poised for significant growth. The city’s strategic location, robust demand for industrial space, and supportive business climate create a favorable environment for industrial development. However, addressing key challenges related to labor supply, regulatory factors, and infrastructure is essential to sustain and enhance this growth.
By leveraging its strategic opportunities and implementing targeted recommendations, Visalia can continue to attract and retain industrial investments, driving economic development and improving the quality of life for its residents. The ILIA serves as a critical tool in this endeavor, providing policymakers, planners, and stakeholders with the insights and data needed to make informed decisions and foster a resilient and dynamic industrial sector.
Visalia’s commitment to strategic planning and proactive industrial land stewardship ensures that its industrially designated lands will remain engines of the economy and critical investments for economic resiliency and community well-being. As the city continues to navigate the complexities of industrial development, the insights and recommendations from this analysis will guide its efforts to achieve sustainable growth and long-term prosperity.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0603 Agenda Date: 2/3/2025 Agenda #: 3.
Agenda Item Wording:
Riverway Sports Park Fencing Project - Request approval on the proposed location and design of the new fencing to be constructed at Riverway Sports Park Deadline for Action: 2/3/2025
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Laurissa Roggenkamp, Recreation Manager 713-4336; [email protected] <mailto:[email protected]> Jason Glick, Parks and Recreation Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends the City Council approve the proposed fencing location and fencing materials as presented and instruct staff to begin the design process in preparation for a future Request for Bids for the construction of new fencing at Riverway Sports Park.
Background Discussion:
Summary:
The original 83 acres of Riverway Sports Park began construction in 2006 and has been completed over five (5) phases of construction ending in 2020. The City has begun the design of phase VI which is located north of the old Riverway Drive that includes the design of a Community Dog Park and permanent overflow parking lot. During phase I of the project, the ten (10) soccer fields, with three (3) of the fields being lighted, was completed. This area was developed with no fencing to control access to the soccer fields. As construction continued of Riverway Sports Park, several amenities were added, including playgrounds, picnic arbors, additional soccer field lighting, and baseball and softball facilities. The CR Shannon Baseball Facility and Phase V Softball Facility have perimeter fencing installed to protect the playing fields, and it has worked very well.
Over the years, as the community and user groups have continued to grow, the demand for field space has grown exponentially. Staff identified the need for maintenance and rest periods for the soccer fields to keep the turf in a safe and usable condition. With no fencing to control access to fields, this has made it difficult to limit access. Staff, over the years, have had to spend several days posting signs, installing temporary fencing, and maintaining the fencing that was cut in the evenings by individuals to play on the fields. The combination of the high usage for approved user groups and the inability to keep foot traffic off the turf during maintenance/rest periods has led to the deterioration of the soccer fields.
Staff have also seen an influx of the unhoused population in the park, staying in the arbors, and Visalia City Council Printed on 1/30/2025Page 1 of 4
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File #: 24-0603 Agenda Date: 2/3/2025 Agenda #: 3.
restrooms. This has made it difficult to keep the park clean and the restrooms sanitary for users.
There have also been increases in drug use and illegal activity in the late evenings at the park. This has brought forth major concerns by residents, park staff, Visalia Police Department, and the City Council, all wanting to find ways to remove these issues from one of the City’s most popular and heavily used parks.
During the City’s budget process for Fiscal Year 24-25, staff presented a fencing project within the Parks and Recreation Department’s Capital Improvement Project (CIP) budget request. The project proposed fencing around the perimeter of the soccer fields at Riverway Sports Park in year two (2) of the six-year plan. Upon Council’s review of the proposed budget, a recommendation was made by Council to move the project to year one (1) of the six-year plan and to fund the project to not only fence the soccer fields, but to fence off the entire perimeter of Riverway Sports Park. The intention of the fencing is to maintain the fields in good condition for active play, resolve the illegal activity at the park and provide a safe environment for families and user groups at Riverway Sports Park.
With direction from Council on the fencing project, staff began meeting internally to discuss the location, materials, and process on how to make the project happen. Once staff were able to meet with public safety on requirements for emergency exits, security, and access for calls for services, staff determined that a wrought iron heavy gauge fencing would be best for the perimeter of the park to detour vandalism automated vehicle gates would be needed to meet the needs of public safety, and black vinyl coated chain-link fencing would be used for the interior soccer fields. The chain-link fencing will help to reduce cost to the project and match the other chain-link fencing that is currently within the park, at the CR Shannon Baseball, Phase V Softball, and Saputo Fields. The project was then placed on the Site Plan Review agenda for review.
During the December 11, 2024, Site Plan Committee review, the proposed plan was evaluated, and comments provided on the fencing location to remain compliant with City and building codes. The committee also made recommendations regarding the proposed design to keep access to the park compliant with ADA requirements. Some of these recommendations were the addition of sidewalks to the field pedestrian gates, reduced gate sizes from eight feet to two four-foot gates and moving the vehicle gate on Shannon Parkway back into the park to meet the minimum requirement of twenty feet from the City street.
The fencing project was then presented to the user groups that use Riverway Sports Park each year for youth and adult sports on December 17, 2024. Staff answered questions from the user groups and explained how access would be made for groups during their reservation times. One of the ways staff have tested access to locked facilities was by using combination locks at both the CR Shannon facility and Phase V facility. The lock combination is easily provided to league board members and changed at the end of the league’s reservation/season. This eliminates the need to hand out and collect keys with each group. The combination is changed at the end of each maintenance period and reservation period. The system has been working well at these two facilities and staff believe it will also work for the rest of the facilities at Riverway Sports Park. At the conclusion of the meeting, the user groups were accepting of the fencing project and understood the benefits of securing the park.
Staff took all the requirements and recommendations from public safety, the Site Plan Review Committee, and user groups, and created the fencing overview which was presented to the Parks and Recreation Commission at the January 14, 2025, regular meeting. During the presentation staff Visalia City Council Printed on 1/30/2025Page 2 of 4
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File #: 24-0603 Agenda Date: 2/3/2025 Agenda #: 3.
received a few questions from the public. The first question was how soccer groups would be able to retrieve soccer balls that could be kicked over the fence along Shannon Parkway. To address this, staff will install maintenance gates so that users will have access for ingress and egress to the facility but will remain locked and only be used for retrieving equipment. The second question was with the fencing of the soccer fields, how could residents or user groups access facilities during maintenance periods? Staff identified areas that would be available for use and removed these areas from the winter maintenance period. Staff also staggered summer maintenance closure periods throughout the parks to allow users to have facilities available for use. The final question for the public comment was whether user groups would have the ability to move their soccer goals between fields. Staff responded with, yes, user groups will be provided access to the service gates to allow them to move soccer goals to their reserved field space. Once staff completed the fencing presentation and addressed the above questions, the Parks and Recreation Commission motioned unanimously 4-0 to recommend to council the fencing location and materials as presented.
Staff believe this fencing design will improve field conditions of the soccer fields, increase safety, and reduce vandalism within the park while allowing user groups and residents to still enjoy the use of Riverway Sport Park. Staff also tried to reduce the impact of the fencing on large community events that are held at the park each year by working with public safety to make sure procedures are in place to allow large volumes of people to safely use the park during these events.
Background
Riverway Sports Park was constructed over several years and in five phases. Phase I started construction in 2006 and was completed in 2007. The project included the development of approximately 48 of the 80 acres of park area. Included in this phase are ten regulation soccer fields (3 lighted), two concession restrooms buildings, three covered group picnic areas, 30 additional individual picnic tables, a playground, a fenced area for bicycle motocross, over a mile of sidewalks, an interactive water playground, over 1,000 trees, space for spaces for special events, 380 space parking lot, additional temporary parking, and a maintenance yard. Also electrical, water, storm water infrastructure was built for future phases, and underground conduit is included for the lighting of all the soccer fields.
Phase II of the project started construction in 2009 and was completed in 2010. The project developed 12.2 acres of the park area as Phase II, bringing the total amount of acreage developed in the park to 60 acres. The project included construction of four lighted youth baseball fields with a concession-restroom building, additional paved parking for an additional 200 vehicles, the lighting of two soccer fields and the BMX track and perimeter landscaping.
Phases III was started in early 2013, with phase IV being added to the project in July of 2013 and both phases competed in 2014. The Phase Ill Improvement project developed 6.0 new acres of parkland at Riverway Sports Park, bringing the total amount of developed park acreage to 65 acres.
The project included construction of a new restroom building, landscaping, a promenade area, a new playground, group picnic shelter, barbeques, and tables. Phase IV included an irrigation system, a decomposed granite path, and turf in the former BMX area ---now known as the Saputo Sports Field.
Phase V was started in early 2019 and was completed in 2020. The project developed 23 acres of the remaining park area, which included the completion of four 300’ radius softball fields with sports lighting, a concessions/restroom facility, associated parking lot, irrigation pumping station, electric service connection, site furnishings, sidewalks, landscaping and irrigation. Included in phase V were Visalia City Council Printed on 1/30/2025Page 3 of 4
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several add alternates that completed new Musco sports lighting for soccer fields 1 thru 5, Musco lighting control for the entire facility, a new central parking lot, and improvements to the phase IV picnic area completing phase of the master plan of the Riverway Sports Park.
Phase IV is currently in development for Riverway Sports Park which will include a comprehensive design to tie elements north of the old Riverway Drive together, which include the design of a Community Dog Park, and the design of a permanent overflow parking lot.
Fiscal Impact:
CP0695 Riverway Sports Park Fencing Project has $1,500,000.00 budget for the installation of new perimeter fencing.
Prior Council Action: 4/15/2024, Work Session, Council reviewed the proposed Parks and Recreation Department 6-year Capital Improvement Plan (CIP) and recommended the Riverway Sports Park Fencing Project be moved from year 2 to year 1 of the plan and to include fencing the entire perimeter of the park. 6/17/2024, Public Hearing, City Council approved the FY24/25 and FY25/26 multi-year budget.
Other: None
Alternatives: Instruct staff to propose a new design for the perimeter fencing.
Recommended Motion (and Alternative Motions if expected):
I move to accept the proposed location and materials for the fencing project at Riverway Sports Park and instruct staff to complete a Request for Bids (RFB) for the construction of the perimeter fencing.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Riverway Fencing Power Point Presentation
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Riverway Sports Park
Fencing Project
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History of Riverway Sports Park
•Phase I started construction in 2006 and was completed in 2007. • Phase II of the project started construction in 2009 and was completed in 2010.
•Phases III was started in early 2013, with phase IV being added to the project in July of 2013 and both phases completed in 2014. •Phase V was started in early 2019 and was completed in 2020. •Phase IV is currently in development for Riverway Sports Park 2 110
Proposed
fencing
overview
3 111
Exterior Perimeter
fencing
Staff is proposing 7-foot-tall
wrought iron fencing for the
perimeter of Riverway Sports
Park
4 112
5 Fully Programmable
Gate Openers
Gate openers will be
programmable for hours of
operation, able to open with a
remote control, and will be able
to be opened manually if a power
outage occurs.
5 113
Vehicle Gate Diagram
Vehicle gates will be
automated with keypad
for public safety to access
the park.
6 114
Chain-link for the
soccer fields
Staff is proposing a black vinyl
coated 7-foot chainlink for the
interior of the park for the
perimeter of the soccer fields.
This will reduce cost and match
the other amenities within the
park.
7 115
Timeline of Funding Approval and Public
Outreach
•April 15, 2024 – City Council CIP Budget Work Session
•June 17, 2024 – City Council Public Hearing Approval FY 24/25, FY25/26
•December 11, 2024 – Site Plan Review Committee
•December 17, 2024 – Riverway Sports Park Youth and Adult Sports User Group Meeting
•January 14, 2025 – Parks and Recreation Commission Fencing Project Presentation
8 116
Staff is recommending
the following
recommendation:
That the City Council, by motion,
approve the following:
1. Approve the proposed location of
the fencing as presented.
2. Approve the proposed fencing
materials as presented.
9 117
Questions?
Questions?
Questions?
10 118
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0519 Agenda Date: 2/3/2025 Agenda #: 4.
Agenda Item Wording:
Project Funded Fence Relocation for Sidewalk Construction: Authorize City staff to coordinate with Cen-Cal Construction to relocate private fencing along the south side of Riggin Avenue between Divisadero St. and Conyer St. as part of the project for a cost of $68,873.93, to allow for the construction of sidewalk as designed with the Riggin Ave Widening Project from Mooney Blvd. to Conyer St.
Deadline for Action: 2/3/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Chris Crawford, City Engineer, [email protected] <mailto:[email protected]>, 713- 4331
Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:
Staff recommends that the City Council authorize the use of City Miscellaneous Pedestiran Improvements fundsfuto relocate impacted private fences along the southside of Riggin Avenue between Divisadero St. and Conyer St. to allow for the construction of ADA compliant sidewalk along Riggin Avenue with a cost of $68,873.93 as designed and intended with Riggin Avenue Widening Project from Mooney Blvd. to Conyer St.
This recommendation is based on the site-specific project criteria identified below:
A. Riggin Avenue is an arterial roadway carrying a high volume of vehicular traffic with existing homes that front the street on the south side of Riggin Avenue.
B. Providing pedestrian facilities is imperative for safe travel along the arterial roadway for residents to walk to and from surrounding schools, parks, and commercial centers.
C. Riggin Avenue, as a corridor, has continuous sidewalks from Dinuba Blvd to Akers St and will have new sidewalk constructed from Akers St to Clancy St as part of other City projects and development projects. This is the only missing sidewalk segment within these limits.
D. Current American with Disability Act (ADA) updates require accessible paths of travel to public services, such as transit stops, as part of public construction projects meeting the “alteration” criteria. This segment of Riggin Avenue has two bus stops one on the southside of Riggin Ave. east of Giddings St. and one on the northside of Riggin Ave just east of Mooney Blvd.
E. The fences that exist within the public right-of-way were constructed many years ago, well Visalia City Council Printed on 1/31/2025Page 1 of 5
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E. The fences that exist within the public right-of-way were constructed many years ago, well prior to the area having been annexed into the City jurisdiction.
Background Discussion:
The purpose of the “Riggin Avenue Widening Project” is to increase vehicle capacity on Riggin Avenue by adding additional east/west lanes and to provide for an efficient flow of traffic in support of the increase in development within the surrounding area. In addition, the City Council identified this segment of Riggin Avenue from Mooney Boulevard to North Conyer Street as a priority transportation corridor as it was part of the “Ring-Road” concept previously identified in various City reports.
This project will reconfigure Riggin Avenue to a 4-lane divided roadway and will modify the intersection of Riggin Ave at Giddings St as a protected intersection and to its ultimate configuration as well as incorporate a frontage road on the south side of Riggin Ave.
The street cross section is designed as a complete street with sidewalk on each side of the street. In order to construct the sidewalk on the south side of Riggin Avenue some existing fences need to be relocated or removed. According to City right-of-way information, the City of Visalia’spublic right of way extends approximately 6ft behind the concrete gutter. Some private fences are placed right behind the gutter or within the 6ft space necessary for the sidewalk construction. These fences will need to be removed in order for the project to proceed and the sidewalk to be constructed. The fences could be removed and the determination of how and if to replace the fence left to the property owner given that the fences were built in the public right-of-way. However, the proposed relocation would replace fencing type in kind with what currently exists at the City’s expense.
City staff has met with impacted residents to discuss concerns with the fence relocation and impacts to each property. Concerns have been received and are understood to consist of the following:
- Fence relocation to be placed on the property owners is a significant financial burden. - Construction of the sidewalk takes away space from the fronting properties, impacting landscaping, lawn décor and other items within the sidewalk footprint.
Riggin Avenue is an arterial roadway designed to carry a higher volume of vehicles and sidewalks are a part of the street design to provide pedestrians a safe space to travel along the roadway. This segment of Riggin Ave is also a regional truck route that carries traffic to HWY 99, warranting additional safety considerations for all road users.
Given the arterial classification of the roadway, sidewalk construction was deemed necessary because it is an important pedestrian safety accommodation. Additionally, constructing sidewalk at this location would fill a “gap”making sidewalk continuous from Mooney Blvd. to Dinuba St. creating public access to commercial destinations, parks, schools and transit stops.
The current sidewalk design is set to a 5ft walk where it can be accommodated and 4ft under constrained conditions in order to minimize impacts to existing fences. ADA rules allow for 4ft minimum sidewalk width but will require a 5’ passing space every 200 lineal feet.
The City’sintent is to construct sidewalk to the preferred minimum width of 5ft to meet the intent of the ADA rule and current standards. This width is recommended at this time to mitigate distant future width adjustments that may come with ADA rule updates. Although 4ft is an absolute minimum by today’sstandards, the required 5ft for passing could potentially become a updated minimum in the Visalia City Council Printed on 1/31/2025Page 2 of 5
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File #: 24-0519 Agenda Date: 2/3/2025 Agenda #: 4.
today’sstandards, the required 5ft for passing could potentially become a updated minimum in the future. Staff believes it makes more sense to construct the sidewalk to the higher standard now along this arterial street.
The City of Visalia does not typically relocate fences that are deemed encroachments in the City ROW, but for the reasons and contextual information listed above the construction of the sidewalk and relocation of the fences is in the public interest in this case.
Fiscal Impact:
The Riggin Ave Widening project Mooney Blvd to Conyer St is funded, using Highway Improvement Program (HIP) grant funds thru the Federal Highway Administration (FHWA), Measure R Regional (133) Funds from Tulare County Association of Governments (TCAG) and Traffic Impact Fee (241).
See below the project funding breakdown.
Riggin Avenue Widening Mooney Blvd to Conyer St CIP0473 Project Funding Source
Measure R Regional Funds (133) $3,471,000.00
Traffic Impact Fee (241) $2,304,000.00
Highway Improvement Program (HIP) Funding (281)$2,485,000.00 Total Project Funding $8,260,000.00
Estimated Project Costs
Project Management $109,400.00
Design Services $314,000.00
Utility Relocation $188,000.00
Fire Hydrant Installation $170,600.00
Construction $6,480,000.00
Construction Contingency (10%) $648,000.00
Construction Management (Estimate) $100,000.00
Material Testing Services (AT) $115,452.72
Material Testing Services (IAV) $20,605.00
Construction Services (Inspection (Est), Survey)$113,942.28 Total Estimated Project Costs $8,260,000.00
Surplus (Deficit) $0.00
The project budget already accounted for the installation of sidewalk along the project area.
The grant representative informed City Staff that the federal funds and therefore the CIP project should not fund the cost of the private fence relocation as that may be viewed as a gift of public funds, which could result in a finding in the event of a federal audit.
Therefore staff recommends the fence relocation cost of $68,873.93 be funded by CP0558 Miscellaneous Pedestrian Improvements, funded by the Measure R Local Fund (131), utilized for Visalia City Council Printed on 1/31/2025Page 3 of 5
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File #: 24-0519 Agenda Date: 2/3/2025 Agenda #: 4.
Miscellaneous Pedestrian Improvements, funded by the Measure R Local Fund (131), utilized for pedestrian improvements to eliminate access barriers to mobility.
Prior Council Action:
August 5, 2024
Award Riggin Avenue Widening Project: Authorized the City Manager to award the construction contract with Cen-Cal Construction for the Riggin Avenue Widening Project Mooney Blvd to Conyer St. in the amount of $6,480,000.00; authorized the transfer of Measure R Regional Funds; authorized the appropriation of additional Transportation Impact Fee and Measure R Regional funds; and authorized the amendment to the Measure R Supplemental Agreement.
February 21, 2023
Authorized the City Manager to proceed with the design and construction of a bicycle Protected Intersection at the Riggin Avenue and Giddings Street associated with the Riggin Widening Project Mooney Blvd. to Conyer St and for staff to develop guidelines that evaluate these intersections treatments at future locations on a case by case basis and to proceed with implementation.
December 5, 2022
Authorized the City Manager to approve payment to California Water Service in the amount of $150,259.00 for the installation of five fire hydrants and two irrigation services as part of the Riggin Widening project between Mooney Blvd to Conyer St and appropriated and additional $85,000 in Highway Infrastructure Program (HIP) funds.
September 19, 2022
Authorized the City Manager to execute the Southern California Edison (SCE) Joint Use Agreement (JUA) and adopted Resolution 2022-52 for the Riggin Widening project between Mooney Blvd to Conyer Street.
August 1, 2022
Received a staff presentation on the proposed local frontage road to be constructed with the Riggin Avenue Widening Project Mooney Blvd to Conyer Street.
June 20, 2022
Adopt Resolutions 2022-39 and 2022-40, designating a portion of City owned property located within 2 Parcels, Lot “A”of Highland Park Estates subdivision and Lot “A”of Highland Park, Unit No. 2 subdivision as part of the public City Street System respectively.
May 16, 2022
Adopt Resolution 2022-33 authorizing the City Manager to execute Southern California Edison (SCE) Utility Agreement No. CP0473-SCE2592 for the Riggin Widening project between Mooney Blvd to Conyer Street.
April 18, 2022
Adoption Resolution No. 2022-27 certifying Mitigated Negative Declaration No. 2022-16 prepared for California Environmental Quality Act (CEQA) compliance as part of the Highway Infrastructure Program (HIP) funding for the construction of the “Riggin Avenue Widening Project” from North Visalia City Council Printed on 1/31/2025Page 4 of 5
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File #: 24-0519 Agenda Date: 2/3/2025 Agenda #: 4.
Program (HIP) funding for the construction of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street (State Clearing house No. 2022030456) (Resolution No. 2022-27 required).
June 21, 2021
Authorize the City Manager to award a sole source professional design services contract to 4Creeks, Inc., for the design of the “RigginAvenue Widening Project”from North Mooney Boulevard to North Conyer Street, and appropriation of funds to establish a preliminary project budget.
Recommended Motion (and Alternative Motions if expected):
Option 1 (Recommended): Relocate fencing using identified project funds to construct sidewalk as designed.
Option 2 (Alternative): Require the property owners to relocate their fences at their expense, proceed to construct sidewalk as designed.
Environmental Assessment Status:
Adopted Mitigated Negative Declaration No. 2022-16
Attachments:
1. Presentation
2. Project Location Map
Visalia City Council Printed on 1/31/2025Page 5 of 5
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SIDEWALK CONSTRUCTION - FENCE
RELOCATION
RIGGIN AVENUE WIDENING PROJECT
January 21 st , 2025
Riggin Avenue at Divisadero Street looking east Riggin Avenue at Conyer Street looking west 124
2 STANDARD DESIGN & EXISTING CONDITION
• Riggin Avenue is classified as a 4-lane Arterial Roadway and has been identified as a City Ring Road
• - Standard Arterial Roadway Design:
• - 4-lane roadway, center median
• curb & gutter, & Sidewalk
• 4-Lane Arterial Engineering Standard
• Riggin Ave – Existing Condition
125
3 ROADWAY CONFIGURATION
• - The Riggin Avenue Widening Project will widen Riggin Ave to a 4-lane roadway from Mooney Blvd to Conyer St • Riggin Avenue Mooney Blvd to Conyer St. - Frontage Road Depicted in Yellow 126
4 PROPOSED SIDEWALK CONFIGURATION
• - Sidewalk proposed in Orange, Impacted Residents in Green. • Riggin Ave Widening – Divisadero St to Rinaldi St
127
5 PROPOSED SIDEWALK CONFIGURATION
• Riggin Ave Widening – Rinaldi St to Giddings St
• - Sidewalk proposed in Orange, Impacted Residents in purple . 128
6 PROPOSED SIDEWALK CONFIGURATION
• Riggin Ave Widening – Giddings St to T urner St
• - Sidewalk proposed in Orange, impacted residents in orange . 129
7 PROPOSED SIDEWALK CONFIGURATION
• - Sidewalk proposed in Orange, impacted residents in blue . • Riggin Ave Widening – T urner St to Conyer St
130
8 EXAMPLE OF IMPACTED RESIDENTS
• - Chain link fence and gate will need to
be relocated to accommodated sidewalk.
• -Some of the Residents have no chain
link fences 4 of 28
131
9 EXAMPLE OF IMPACTED RESIDENTS
• - No fence impacts, 5ft sidewalk would
be constructed adjacent to curb.
• -Majority of the Residents have no major
impacts 15 of 28
132
10 EXAMPLE OF IMPACTED RESIDENTS
• - Existing fence will need to be relocated in kind.
• -Some of the Residents have simple wood fences
or similar type, 4 of 28
• - 2 of the 4 maybe accommodated and not require
relocation.
133
11 EXAMPLE OF IMPACTED RESIDENTS
• - Existing rod iron and brick fence will need to be
demolished and reconstructed outside the sidewalk
footprint.
• - T wo (2) residents have brick and iron fences, one of which maybe accommodated and not require relocation.
• - Three (3) residents have iron fences, one of which
maybe accommodated and not require relocation.
134
12 ADVANTAGES
• Sidewalk construction will
provide a safe refuge for
pedestrian traveling the
corridor.
• - It will provide pedestrian access to
transit stops and shopping
destinations.
• - Meet City complete street policies
and make the corridor compliant
with American with Disabilities Act.
135
13 DISADVANTAGES
• Sidewalk Construction will
impact resident fences and
landscaping.
• - Property frontage space will
be reduced.
• - Driveway gates may be
impacted.
136
14 QUESTIONS?
137
W
Sedona Ave
W
Shannon Pkwy
N Giddings St
N Dinuba Blvd
N Mooney Blvd
W
Ro
bin Ave
N Conyer St
W
Cr
ystal Ave
N Quail Dr
W
Ro
bin Dr
W
Corvina AveN Elm St
W
Riggin Ave
W
Porter Ave
W
M
odoc Ave
W
Dove Ave
N Divisadero St
W
Sunnyview Ave
W Wren Dr
N Highland St
N Shady St
W
Oriole Ave
N Willis St
N Canary Dr
W
Lark Ave
N Wren Dr
W
Lark Ct
N Central St
W
Dove Ct
W
W
ren Ave
N Shady Ct
N Jacob Ct
W
Flagstaff Ave
N Elm Ct
W Canary Dr
N Turner Ct
N Sowell Ct
W Lipson Ct
N Fairway St
N Central Ct
N Dollner St
N Dayton Ct
N Turner St
N Rinaldi St
N Oak Park Ct
N Highland Ct
N Willis Ct
N Oak Park St
W
Robin Ct
N Hall Ct
W
Porter Ct
N Gull Ct
N Rinaldi Ct
N Park Ct
N Leslie CtW
Robin Ave
N Central Ct
N Fairway St
W
Sedona Ave
W
Lark Ave
N Elm St
W
Porter Ave
W
Sunnyview Ave
N Fairway St
W
Mo
doc Ave
N Jacob Ct
W Dove Ct
N Elm St
W
Riggin Ave
N Shady St
W
W
ren Ave
W
W
ren Ave
N Dayton Ct
N Divisadero St N Divisadero St
W
W
ren Dr
W
Lark Ave
N Fairway St
N Highland Ct
M
ODOC
DITCH (p)
Project Limits
138
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0541 Agenda Date: 2/3/2025 Agenda #: 1.
Agenda Item Wording:
Visalia’s 2023-2031 Housing Element Certification Recognition Visalia City Council Printed on 1/30/2025Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0495 Agenda Date: 2/3/2025 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Printed on 1/30/2025Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0450 Agenda Date: 2/3/2025 Agenda #: 2.
Agenda Item Wording:
Authorization to accept recommended COPS Grant expenditures - Authorize and accept recommended expenditures for training, equipment, salary, and benefits for 1.5 police officer positions through the State of California fiscal year 2024-2025 Citizens Option for Public Safety (COPS) Program funds of $223,196 and $210,518 for fiscal year 2023-24 COPS Growth funds for a total grant of $433,714 and appropriate $33,714 the grant fund.
Deadline for Action: 12/16/2024
Submitting Department: Police Department
Contact Name and Phone Number:
Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst, Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:
Authorize and accept recommended expenditures for training, equipment, salary & benefits for 1.5 police officer positions through the State of California fiscal year 2024-2025 Citizens Option for Public Safety (COPS) Program funds of $223,196 and $210,518 for fiscal year 2023-24 COPS Growth funds for a total grant of $433,714 and appropriate $33,714.
Summary:
AB 3229 creates the Citizens Option for Public Safety (COPS) Program. The bill allocates money to cities and counties for law enforcement and public safety purposes. California Government Code section 30061 to 30063 regulates the funding.
The City of Visalia was allocated a total of $433,714 and will be deposited in and expensed from Fund 631. The Grant will be used to continue funding salary and benefits for 1.5 existing police officer positions. In addition, the Department will use the funds for training, equipment, and other front line law enforcement services. In addition to the salary and benefits, the Department will purchase a new covert camera system for the Special Enforcement Bureau (SEB) which will replace a system that is 20 years old. The Department will also utilize funding to provide first-line supervisor training to department supervisory staff.
Background Discussion:
In FY 2024/25 the State allocated a total of $214,200,000 for COPS and Juvenile Justice Crime Prevention (JJCPA) and it is shared among County and City Agencies. The State allocates 5.15% to the County Sheriff’s Office, 5.15% to the District Attorney’s Office, 50% for JJCPA, and 39.7% for City and County front line law enforcement services. The allocations are calculated in a manner that provides a minimum Grant allocation of $100,000 to each law enforcement jurisdiction. The City Council is responsible for appropriating the COPS Grant funds, which may only be spent on “front Visalia City Council Printed on 1/27/2025Page 1 of 3
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File #: 24-0450 Agenda Date: 2/3/2025 Agenda #: 2.
line law enforcement services” and may not be used to supplant existing law enforcement services. “Front line law enforcement services” is not specifically defined in the legislation, but includes anti- gang and community crime prevention programs, equipment, or services. The funds may not be used for capital construction projects. Funds must be expended or encumbered annually.
Fiscal Impact:
The COPS Grant is budgeted annually, which includes projected revenue and expenditures. Once the final Grant allocation is announced and expenditures are finalized, adjustments are made to the budget.
The police officer position is included in the budget projections for the current fiscal year.
Citizens Option for Public Safety (COPS) 631 Fund Activity FY 2024-25 Current
Budget
Budget
Adjustmen
t
Revenue State COPS Funds FY 24/25$433,714 $400,000 $33,714 Expenditures Salary & Benefits
Operating SEU Surveillance Camera System
(Replacement) Sight System
EQ0231) Executive Training Allocations
Expenditures
$342,200
$3,000
$14,000
$3,000
$10,000
$12,400_
$384,600
$310,900
$3,000 - - -
$12,400_
$326,300
$31,300 -
$14,000 $3,000
$10,000 -
______
$58,300
Revenues over (under) Expenditures$49,114
Fund Balance 7/1/2024$47,374
Committed Expenditures
CIP EQ0200 H&K (Balance of Project)($10,334)
CIP EQ0222 (Mobile Field Force)($7,725)
CIP EQ0231 (Slight System)($72,000)
Total Committed Expenditures($90,059)
Funds available for other users($42,685)
Fund Balance 6/30/2025$6,429
Prior Council Action: N/A
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File #: 24-0450 Agenda Date: 2/3/2025 Agenda #: 2.
Other: N/A
Alternatives: Refuse the designated Grant money.
Recommended Motion (and Alternative Motions if expected):
Authorize and accept the recommended expenditures for training, equipment, salary, & benefits for
1.5 police officer positions through the State of California fiscal year 2024-25 Citizens Option for Public Safety (COPS) Program funds of $223,196 and $210,518 for fiscal year 2023-24 COPS Growth funds for a total Grant of $443,714 and appropriate $33,714 from the grant fund.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0511 Agenda Date: 2/3/2025 Agenda #: 3.
Agenda Item Wording:
Fire Station 56 Notice of Completion - Request authorization to file a Notice of Completion for the Fire Station 56 Project.
Deadline for Action: 2/3/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Mike Porter, Civil Engineer, [email protected] <mailto:[email protected]> (559) 713- 4412 Chris Crawford, City Engineer, [email protected] <mailto:[email protected]> (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected] <mailto:[email protected]> (559) 713-4495
Department Recommendation: Authorize staff to file a Notice of Completion for the Fire Station 56 Project.
Background Discussion:
The FS 56 Project consisted of a new 6,800 square foot fire station at the southwest corner of Tulare Avenue and Lovers Lane. The new building construction was a combination of concrete, masonry, steel, and wood. The project included development of 0.85 acres of site improvements around the building including curb, gutter, sidewalk, paving, and concrete driveways. The construction contractor for this project was Forcum Mackey Construction.
The original construction contract amount was $5,670,000. The final cost of the contract including change orders is $5,741,675.53.
Total change orders amounted to $71,675.53. The following is a breakdown of the extra cost:
· Errors & Omissions (E&O) $10,032.20
· Utilities (UT) $26,520.54
· Change of Scope (CofS) $22,661.11
· Unforeseen (UN) $12,461.68 _______
Total $71,675.53 (1.26%)
Fire Station 56 received its Certificate of Occupancy and moved in on August 18,2024, they started operating out of the facility at that time. The City held a ribbon cutting ceremony at the project site on October 8, 2024. The Fire Department has now been operating out of the new facility for about 6 months and only minor warranty repair items have been found to date during this period.
Change orders on this project were fairly low. Most of the change orders were due to utility Visalia City Council Printed on 1/30/2025Page 1 of 3
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relocations and change of scope that were improvements needed to help the station function better.
The single largest change order was added to provide electrical improvements, and additional conduits to facilitate a future electric vehicle charging capability. Othe changes included adding a fire hydrant and relocation of existing utilities that were originally planned to remain in place.
Fiscal Impact:
The construction of FS 56 was funded by Measure N. The original allocation amount was $3M, but additional appropriations were approved by the Measure N committee. The total funding appropriated to this project was $8,300,000. Below is a breakdown of the costs associated with this project:
Land Acquisition Costs $435,310
Design Consultant Costs $474,893
City Staff Design Phase Costs $160,432
Construction Contract Amount $5,670,000
Change Orders $71,676
City Impact/Permit Fees $60,458
Materials Testing & Inspection $35,526
City Staff Construction Phase Costs $115.000
Construction Manager Consultant Cost $487,208
Utility Company Costs $136,165
Furniture, Fixtures & Equipment $97,652
Total Project Cost $7,744,320
Total Project Funding $8,300,000
Approximate Funding Remaining $555,680
Funds that were not used for this project will be returned to the Measure N Fund.
Prior Council Action:
May 21, 2021 - Council authorized the City Manager to approve a contract amendment for RRM Architects.
January 9, 2021 - Council authorized entering into a contract with Vanir Construction Management to provide construction management services for FS 56.
January 19, 2021 - Closed session item to provide and update on the FS 56 alternate site location.
Council approved negotiations to acquire the alternate site on Lovers Lane, south of Tulare.
December 7, 2020 - Closed session item to discuss the possibility of moving the FS site location to the SW corner of Tulare & Vista or on Lovers Lane south of Tulare.
October 19, 2020 - Closed session item to discuss the possibility of moving the FS site location to the SW corner of Tulare & Vista.
October 9, 2019 - Council authorized the City Manager to execute a Professional Services Agreement with RRM Design Group, to provide Architectural and Engineering Design Services for Visalia City Council Printed on 1/30/2025Page 2 of 3
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the Fire Station 56 Project.
Recommended Motion (and Alternative Motions if expected):
I move to authorize staff to file a Notice of Completion for the Fire Station 56 Project.
Attachments: Finished Building Picture
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0515 Agenda Date: 2/3/2025 Agenda #: 4.
Agenda Item Wording:
Actions Pertaining to Valley Strong Stadium Expansion & Remodel of Clubhouse & Batting Cage: 1. Authorize the City Manager to execute an emergency Progressive Design-Build agreement with 4CGlobal, Inc. dba 4Creeks Build, for an amount to be determined; 2. Authorize the City Manager to award the construction management services to Vanir Construction Management, Inc. in the amount of $221,150.
Deadline for Action: 2/3/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Rebecca Keenan, Senior Civil Engineer, 713-4541; [email protected] Christopher Crawford, City Engineer, 713-4331; [email protected] Jason Huckleberry, Eng & Bldg Director, 713-4495; [email protected] Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute an emergency Progressive Design-Build agreement with 4CGlobal, Inc. dba 4Creeks Build, Inc. for an amount to be determined; and authorize the City Manager to award the construction management services to Vanir Construction Management, Inc. in the amount of $221,150.
Background Discussion:
This project will expand and retrofit the existing clubhouse at the Valley Strong Stadium (Recreation Park Baseball Stadium) to comply with Minor/Major League Baseball (MiLB/MLB) requirements. The existing 6,065 square foot (SF) clubhouse does not meet current space and use requirements. In 2021, Ewing Cole prepared an audit report of the ballpark which graded the facilities, including the clubhouse, to determine if they are in compliance. Several features around the park received grades less than the standard cutoff, including the clubhouse. The clubhouse requires improvements to the home & visiting club facilities, as well as improvements to the weight room and batting cage/pitching tunnel. The proposed improvements will expand the existing clubhouse to 7,355 SF, demolish the existing 1,920 SF batting cage/pitching tunnel, and replace it with a 5,804 SF pitching facility. The new batting cage/pitching facility will include a 4,200 SF tunnel, with the remaining space allocated for a weight room, equipment storage room, and team storage room (MLB club). The project will also include adjacent site improvements to conform with the surrounding facilities, including ADA upgrades, electrical and plumbing upgrades, fire department upgrades, and solid waste improvements.
MiLB/MLB has established an aggressive schedule for the completion of these improvements. All work must be substantially complete by March 2026, before the start of the 2026 baseball season, which means that this project must be urgently expedited to meet the MiLB/MLB schedule. If the project is not complete by the given deadline, the MiLB/MLB will impose costly fines on First Pitch Visalia City Council Printed on 1/31/2025Page 1 of 8
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project is not complete by the given deadline, the MiLB/MLB will impose costly fines on First Pitch Entertainment, LLC (FPE), owners of the Visalia Rawhide. 4Creeks Update:
As authorized at the October 7, 2024 City Council meeting, 4Creeks commenced preparation of the schematic design layouts related to the project to further develop the floor plans that were previously approved by the MiLB/MLB. 4Creeks refined the approved floor plans and placed them on the existing site, then submitted the draft schematic designs to the City’sSite Plan Review Committee.
The Site Plan Review Committee serves to ensure that a land use proposal is in conformity with the intent and provision of the City’sstandards and to guide the proposal toward any entitlements or processes necessary to complete the project. The schematic design layouts received a “Revise & Proceed” response from the committee, allowing them to move forward with the design. With that, 4Creeks has moved forward and is currently working on the design of the batting cage and clubhouse. In addition, they have procured a manufacturer for the batting cage metal building, who has started that design. The metal building is one of the long-lead items identified in the October 7, 2025, City Council staff report. Moving forward, 4Creeks anticipates that they will need to order the Rooftop Unit (RTU) HVAC, estimated at $300,000 (materials only) and the Switchgears (Electrical Panels), estimated at $32,000 (materials only). These items will be ordered soon due to the long lead time for their arrival. The pre-order costs of these materials are included in the estimated project costs, shown in Table 1 of this staff report.
Project Components:
Following are some of the key components of the project, as can be seen in Attachment 3:
· Remodel of the existing clubhouse facility will conform to MilB/MLB standards and specifications;
· A new stand alone batting cage/pitching tunnel, storage, and weight room building will be placed in the empty land between the existing rawhide facility and the existing skate park; · The project will not change the operations of the facility in any way other than to update the facilities to modern standards;
· Minor changes to the adjacent parking lot to meet ADA requirements and to meet MiLB/MLB standards for bus drop off;
· Removal of one oak tree and a few other non-native trees to accommodate the expansion; · Demolition and removal of the existing metal batting cage; · Removal of existing fencing, as needed for the project; · Demolition of the clubhouse doors, fixtures, and walls as needed for the remodel & expansion; · New, 5,804 square foot (SF) metal building to house the pitching tunnel, team storage, equipment storage, and weight room;
· New, 1,290 SF attached addition to the existing clubhouse facilities; · New fixtures, walls, doors, as needed for clubhouse remodel; · ADA upgrades, electrical upgrades, plumbing upgrades, and fire protection system upgrades; · Clubhouse HVAC system to be removed and replaced with rooftop package units; · New batting cage to be unconditioned, and served by evaporative coolers; · New air conditioned weight room;
· Site improvements including trash enclosure, parking area adjacent to trash enclosure, necessary interconnecting paths of travel, and grading; · On-site parking stalls and directional markings;
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· On-site landscaping for areas around new construction.
Progressive Design-Build Agreement with 4Creeks:
As explained at the October 7, 2024 City Council meeting, this project requires that it be fast-tracked to meet the aggressive schedule imposed by the MiLB/MLB. Should the required improvements not be completed by the designated time, MiLB/MLB may impose penalties and fines. 4Creeks has the ability to provide turn-key design and construction services known as design-build, and staff recommends that the City enter into a Progressive Design-Build Agreement with 4Creeks as an emergency sole source provider of these services. Design Build type contracting is available in certain specific types of contractual situations, including this type of project, a parks and recreations facilities construction project that costs over one million dollars. Design build contracts are awarded based on overall value, not simply lowest responsible bid. In this instance bidding out the project is unlikely to provide benefit to the City since the City needs to have the improvements completed by a specific date. 4Creeks is exclusively positioned to help the City and First Pitch Entertainment (FPE) meet the required schedule because previously FPE independently hired them to help create cost effective, conceptual clubhouse & batting cage layouts to meet the new MiLB/MLB requirements. 4Creeks worked extensively with the FPE staff to develop the approved concepts and worked judiciously to find creative ways to reduce the anticipated construction costs. They also developed a strategic schedule that will meet the MiLB/MLB imposed completion dates. The schedule proposes to split the two facilities into two tasks, which will allow construction to occur around the Rawhide’s2025 play season. Task 1 includes completing the pitching facility construction documents for permitting by March 2025, with construction starting immediately afterwards and concluding by November 2025.
Task 2 includes completing the clubhouse construction documents for permitting by July 2025, allowing the selective demolition of the existing pitching tunnel to start in August 2025. This demo needs to start immediately in August in order for the full clubhouse expansion and remodel to begin as soon as the team’s2025 play season is over. Construction is then expected to be substantially complete by March 2026, in time for the team’snew 2026 play season. This 17-month schedule is very aggressive given the need to work around the team’s2025 play season, but 4Creeks is in a position to meet these requirements. If the City moves forward with any type of bidding process, then it likely becomes impossible for the stadium to meet the MiLB/MLB standards within the required timeframe.
Entering into a Progressive Design-Build agreement with 4Creeks, Inc. at this time will allow them to complete their design and prepare their construction proposal for the batting cage early in 2025. This action is part of the critical path to keep the project moving successfully towards the March 2026 deadline. The Progressive Design-Build agreement includes the following two phases:
Phase 1 will include the following services:
a) The previously authorized design agreement dated November 6, 2024, for the sum of $420,000 and Contract Amendment No. 1, dated January 8, 2025; b) Procurement of long-lead items, as previously authorized by the City Council. Any payments made for these items will be deducted from the proposed fee to be presented for Phase 2, Construction;
Phase 2 includes services related to Task 1 - Batting Cage & Related Site Work, and Task 2 - Clubhouse & Related Site Work. During Phase 2, 4Creeks will procure all remaining materials & equipment and perform construction of the project, including permitting, start-up, testing, Visalia City Council Printed on 1/31/2025Page 3 of 8
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commissioning, and the provision of warranty services.
Upon completion of each Task 1 and Task 2 from the Phase 1 services, 4Creeks will prepare and submit a construction proposal for each to the City for consideration. At that time, staff will return to the City Council to present the proposed construction costs for consideration. It’s estimated that construction costs for Task 1 - Batting Cage & Related Site Work will be ready early in 2025; and construction cost for Task 2 - Clubhouse & Related Site Work will be ready in the summer of 2025.
The City will have the option at each of these times to accept the proposed construction fee, or to issue the PS&E package for additional bids.
At this time, staff recommends that the City Council authorize the City Manager to execute an emergency Progressive Design-Build agreement with 4Creeks, Inc. for an amount to be determined after Phase 1 (design) is complete, since they have integral knowledge and expertise related to the project and are committed to completing the work in the short timeframe required.
Construction Management Services Contract:
Staff recommends hiring Vanir to perform the construction management functions needed for this project. In 2020 the City of Visalia issued a Request for Proposals (RFP) to retain qualified firms to provide Construction Management (CM) services on an on-call basis for separate, individual projects, as needed. NV5, Inc., 4Creeks, Inc., and Vanir Construction Management, Inc. were selected and awarded the contracts based on the criteria listed in the RFP. Work is assigned to the firms based on a rotational basis to keep the workload balanced. Vanir is next in line on the list. Staff coordinated with Vanir to establish the required scope of services for the project, which will include a constructability and coordination plan review, document control, jobsite meetings, construction observation, construction progress review, schedule reviews, monthly payment reports, change order processing, claims avoidance, and close-out services for a fee of $221,150. This fee proposal is within the anticipated costs that were previously budgeted into the project. Vanir has provided construction management services to the City under this contract for the Basin G project; the Greenway Trail, between E. Mineral King and Mill Creek; Fire Station 56; and for the Peoples Basin Grading and has performed effectively. Staff recommends award of the Construction Management Services to Vanir for a fee of $221,150.
Fiscal Impact:
Authorization of the actions recommended in this staff report fall within the project budget established at the October 7, 2024, City Council meeting. At that meeting, the project was estimated at $5,235,000, (including a 15% construction contingency) which is greater than the $4,342,028 amount included in the agreement between the City of Visalia and First Pitch. The most recent engineer’s construction estimate has increased, and is currently $4,114,300 due to the following unforeseen additional work and cost increases:
· ADA Path: Additional site improvements are required to provide an accessible pedestrian path from the clubhouse & batting cage to the City’sright of way. This work was not included in the original Architect’sestimate but is required per the CA Building Code. The Architect worked with the City’sbuilding division to identify the most cost-efficient path to meet the requirement, but it will still result in an increase. Estimated Added Cost: $90,000 · Electrical: Initially, the designer planned to obtain power for the batting cage from a new sub panel at the adjacent clubhouse. However, the preliminary design by the electrical engineer has identified the power source at the main switch gear located near Giddings Street. This is Visalia City Council Printed on 1/31/2025Page 4 of 8
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has identified the power source at the main switch gear located near Giddings Street. This is several hundred feet away from where originally planned, and will require approximately 700 linear feet of additional conduit. Estimated Cost Increase: $70,000 · Additional Concrete Work: The preliminary engineer’sestimate included work related to the clubhouse & batting cage but did not include the significant amount of concrete work needed to transition to the surrounding facility, including the concession stands, bathrooms, and adjacent seating areas. Transitions to those areas are required to meet ADA requirements, which means that more of the existing concrete will have to be removed and replaced to provide the flatter slopes required by the ADA codes. The preliminary design has found that over 13,000 square feet of existing concrete will have to be removed due to this, which was not included in the original estimate. Estimated Added Cost: $150,000. · Miscellaneous Work: Through the course of design, the following items have been added to the estimate, which were not included in the previous estimate: tree demolition, wrought iron fence, landscaping, ADA parking improvements, and a glass roll-up door for the batting cage building. Estimated Added Cost: $51,500
The costs shown above are estimates and will be refined when the procurement and bidding process occurs. In addition, the Design-Builder will work to identify value-engineering opportunities as the design moves forward.
The construction costs for each Task will be updated at the conclusion of Phase 1 under the Design-Build agreement. 4Creeks currently estimates that the proposed cost for Task 1 - Batting Cage & Related Site Work will be ready for review and approval by the City Council as soon as the February 18th meeting, or by the March 3rd meeting. They estimate that the proposed cost for Task 2 - Clubhouse & Related Site Work will be ready for review and approval by the City Council by July 2025. Staff will return to the Council with the updated costs related to each Task as they are received from the Consultant.
In addition, the construction manager fee of $221,150 is less than the previously budgeted amount of $300,200 so no additional appropriations will be needed at this time. Following is the estimated project budget, updated with the proposed construction manager fee.
TABLE 1
Estimated Budget 1570-72000/CP0758-999
Valley Strong Stadium
Clubhouse and Batting Cage/Pitching Tunnel
Design Cost
4Creeks Topographic Survey Services $11,500
4Creeks Design Services $420,000
Contingency $75,100
Design Subtotal: $506,600
Estimated Construction Cost
Building Rehab & Addition $2,432,500
Batting Cage/Pitching Tunnel Building $978,300
Site Work & Building Demo $342,000
Additional Work & Cost Increases $361,500
Subtotal $4,114,300
Construction Contingency $411,400
Estimated Construction Cost Subtotal $4,525,700
Construction Support
Construction Manager - Vanir (this award) $221,150
Estimated Construction Survey Staking $41,100
Estimated Material Testing/Special Inspection $74,100
Construction Support Subtotal $336,350
Estimated Project Cost $5,368,700
Current Budget $4,342,028
Potential Deficit ($1,026,672)
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TABLE 1
Estimated Budget 1570-72000/CP0758-999
Valley Strong Stadium
Clubhouse and Batting Cage/Pitching Tunnel
Design Cost
4Creeks Topographic Survey Services $11,500
4Creeks Design Services $420,000
Contingency $75,100
Design Subtotal: $506,600
Estimated Construction Cost
Building Rehab & Addition $2,432,500
Batting Cage/Pitching Tunnel Building $978,300
Site Work & Building Demo $342,000
Additional Work & Cost Increases $361,500
Subtotal $4,114,300
Construction Contingency $411,400
Estimated Construction Cost Subtotal $4,525,700
Construction Support
Construction Manager - Vanir (this award) $221,150
Estimated Construction Survey Staking $41,100
Estimated Material Testing/Special Inspection $74,100
Construction Support Subtotal $336,350
Estimated Project Cost $5,368,700
Current Budget $4,342,028
Potential Deficit ($1,026,672)
Although the construction management services came in under the previous estimate, the increases due to unforeseen additional work have contributed to an increase in the potential deficit. However, the City of Visalia - First Pitch agreement includes a budget of $7,656,698 for all the following projects: Clubhouse & Batting Cage; Outfield Fence & Padding; Batter’s Eye; and LED Lighting Upgrades. The lighting project has just wrapped up, and the outfield fence, padding, and batter’seye project will be issued for construction bids early in 2025. Following is the updated summary of the anticipated total project expenses.
TABLE 2
Valley Strong Ballpark
SUMMARY
Lighting Final Cost
"MiLB Lighting Upgrades LED upgrade 8 poles
+ Accent Lighting 4 poles FINAL COST"
$845,118.82
Lighting Total $845,120.00
Fence Estimate
Outfield Fence +Red Barn + Padding
Construction Cost Estimate:
$775,900.00
Construction Contingency $77,600.00
Subtotal $853,500.00
Support Costs Est. $154,200.00
Outfield Fence Total $1,007,700.0
0 Batter’s Eye Estimate
Batter's Eye Construction Cost Estimate: $474,100.00
Construction Contingency $47,400.00
Subtotal $521,500.00
Support Costs Est. $39,400.00
Batter’s Eye Total $560,900.00
Clubhouse & Batting Cage Estimate
Clubhouse & Batting Cage Construction Cost
Estimate:
$4,114,300.00
Construction Contingency $411,400.00
Subtotal $4,525,700.00
Support Costs Est. $842,950.00
Clubhouse & Batting Cage Total $5,368,700.0
0 Estimated Budget Total $7,782,420
COV - FPE Contract Budget $7,656,698
Potential Deficit $(125,722.00)
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TABLE 2
Valley Strong Ballpark
SUMMARY
Lighting Final Cost
"MiLB Lighting Upgrades LED upgrade 8 poles
+ Accent Lighting 4 poles FINAL COST"
$845,118.82
Lighting Total $845,120.00
Fence Estimate
Outfield Fence +Red Barn + Padding
Construction Cost Estimate:
$775,900.00
Construction Contingency $77,600.00
Subtotal $853,500.00
Support Costs Est. $154,200.00
Outfield Fence Total $1,007,700.0
0 Batter’s Eye Estimate
Batter's Eye Construction Cost Estimate: $474,100.00
Construction Contingency $47,400.00
Subtotal $521,500.00
Support Costs Est. $39,400.00
Batter’s Eye Total $560,900.00
Clubhouse & Batting Cage Estimate
Clubhouse & Batting Cage Construction Cost
Estimate:
$4,114,300.00
Construction Contingency $411,400.00
Subtotal $4,525,700.00
Support Costs Est. $842,950.00
Clubhouse & Batting Cage Total $5,368,700.0
0 Estimated Budget Total $7,782,420
COV - FPE Contract Budget $7,656,698
Potential Deficit $(125,722.00)
The Support Costs shown on this table are estimates and generally include costs associated with consultants for the following services: design engineering, construction support, construction surveying, materials testing, construction management, and some contingency for these items. As previously noted, this overall estimate will be updated again as the prices come in from the outfield wall & batter’s eye construction bid process, and the batting cage & clubhouse bid process. In addition, 4Creeks will continue to look for cost savings opportunities as they move forward with the design.
Prior Council Action:
October 7, 2024: The City Council authorized the City Manager to execute a professional services agreement with 4Creeks, Inc., as a sole-source provider, for the design of the expansion and remodel of the clubhouse at the Valley Strong Stadium, in the amount of $420,000; to procure limited construction materials through 4Creeks during the design phase in an amount up to $1,100,000; and to appropriate $4,342,028 from the baseball fund.
Other: None
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute an emergency Progressive Design-Build agreement with 4CGlobal, Inc. dba 4Creeks Build, Inc. for an amount to be determined; and to authorize the City Manager to award the construction management services to Vanir Construction Management, Inc. in Visalia City Council Printed on 1/31/2025Page 7 of 8
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Manager to award the construction management services to Vanir Construction Management, Inc. in the amount of $221,150.
CEQA Review: Environmental Document No. 2024-18, Notice of Exemption was filed at the Tulare County Assessor/Cleark-Recorder’s Office on May 9, 2024.
Attachments:
1. Location Map
2. 4Creeks Ownership Disclosure
3. 4Creeks draft DBIA Agreement
4. Exhibits
5. Vanir Ownership Disclosure
6. Vanir CM Scope of Services
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MAIN
MURRAY
CENTER
HALL
GOSHEN
PARK
GIDDINGS
CONYER
OAK
GROVE
JACOB
RINALDI
SCHOOL
SWITZER
TURNER
SIERRA
DOLLNER
STEVENSON
ACEQUIA
BURREL
M
ARTIN
RACE
DUDLEY
PRIVATE
LINDEN
DUDLEY
OAK
TURNER
GROVE
STEVENSON
HALL
SCHOOL
OAK
GIDDINGS
CONYER
JACOB
HALL
CONYER
STEVENSON
STEVENSON
MILL CREEK
MILL CREEK
·
PROJECT LOCATION
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DISCLOSURE STATEMENTS
The following disclosure & statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:
1. submitting a bid or proposal in response to a solicitation by City of Visalia; or
2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
_________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company
_________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
_____________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?
YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
______________________________ ________________________
Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
_________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company
__________________________________________ ____________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 4Creeks
324 S. Santa Fe St., Visalia, CA 93291
CEO: Matthew Ainley CPO: Molly Muirhead Director: David De Groot COO: Joel Alipaz CMO: Eric Riley Director: Rose Morgan CFO: Cody Smith Director: Randy Wasnick No stockholders over 10% Matthew Ainley
4Creeks
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DC1 30262306 v1
Progressive Design-
Build Agreement
Document No. 544
Second Edition, 2024
© Design-Build Institute of America
Washington, D.C.
DBIA Contract Document #544
DBIA Contract Document #544
163
DC1 30262306 v1
Progressive Design-
Build Agreement
Document No. 544
Second Edition, 2024
© Design-Build Institute of America
Washington, D.C.
164
Design-Build Institute of America - Contract Docume nts
LICENSE AGREEMENT
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8. Acknowledgment. You acknowledge that you have read this agreement , understand it, and agree to be bound by its terms and conditions and that it will be governed b y the laws of the District of Columbia. You further agree that it is the complete and exclusive statement of your agreement with DBIA which supersedes any proposal or prior ag reement, oral or written, and any other communications betwe en the parties relating to the subject matter of th is agreement.
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Instruction Sheet for DBIA Document 544 Page 1
© 2024 Design-Build Institute of America
INSTRUCTIONS
For DBIA Document No. 544 Progressive Design-Build Agreement (2024 Edition)
Checklist
Use this Checklist to ensure that the Agreement is fully completed and all exhibits are attached.
Section 2.1.7 Identify other exhibits to the Agre ement _______ Section 4.3.2 Complete blanks for additiona l sum for use of Work Product Section 5.2.1 Complete blanks for calendar days a nd note the optional language that is provided Section 5.2.2 Insert any interim milestones (opti onal) Section 5.4 Complete blanks for liquidated damage s and note the optional provisions that are provided
_______ Section 5.5 If the parties select the optio n provided, they must insert an amount _______ Section 5.6 Complete blanks for early compl etion bonus and note the optional provision that is provided _______ Section 5.7.1 Complete blank for calendar d ays for owner review _______ Section 5.7.2 Complete blank for calendar d ays for Owner review and response _______ Section 6.1.1 Complete blank for Phase 1 Se rvices price Section 6.1.3 Insert basis for pricing specific W ork (optional) Section 6.2 Complete blank for Lump Sum pricing ( optional) _______ Section 6.3.1 Choose markups for changes
_______ Section 6.4.1 Choose basis for Fee and comp lete blanks and note optional provision that is provided Section 6.4.2.1 Insert financial arrangements fo r adjustments and note optional provisions Section 6.5.1.3 Complete blanks for markup; inser t or attach personnel names, etc. _______ Section 6.5.1.4 Note optional language that is provided _______ Section 6.5.1.23 Note optional language tha t is provided _______ Section 6.6.1 Complete blanks for guarantee d maximum price and note the optional language that is provided
_______ Section 6.6.2 Complete blanks for contingen cy amount _______ Section 6.6.3 Complete blanks for savings a mounts and note optional language that is provided _______ Section 6.7.4 Note the optional provision t hat is provided _______ Section 6.8.1 Insert any performance incent ives (optional) Section 7.2.1 Complete blanks for day of month
Section 7.3.1 Complete blanks for retention perce ntage and note optional provision _______ Section 7.3.2 Note optional provision
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© 2024 Design-Build Institute of America
Checklist (Continued)
Use this Checklist to ensure that the Agreement is fully completed and all exhibits are attached.
Section 7.5 Complete blanks for interest rate
Section 8.1 Choose overhead/profit method for ter mination for convenience Section 8.2.1 Complete blanks for percentages
Section 8.2.2 Complete blanks for percentages
Section 9.1.1 Insert Owner’s Senior Representativ e’s name, etc. (optional) Section 9.1.2 Insert Owner’s Representative’s nam e, etc. (optional) Section 9.2.1 Insert Design-Builder’s Senior Repr esentative’s name, etc. (optional) Section 9.2.2 Insert Design-Builder’s Representati ve’s name, etc. (optional) Section 10.1 Attach Insurance Exhibit
Section 10.2 Insert amount and conditions of bond s or other security and note the options that are provided
Section 11.1 Insert any other provisions (optiona l) or exhibits or documents incorporated or referenced in the Agreement
Section 12 Complete blank for rate
Last Page Owner’s and Design-Builder’s execution of the Agreement _______ Exhibit A Previously authorized design agre ement dated November 6, 2024 And Contract Amendment No. 1, dated January 8, 202 5
_______ Exhibit B Long-lead items
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Instruction Sheet for DBIA Document 544 Page 3
© 2024 Design-Build Institute of America
General Instructions
No.
Subject
Instruction
1. Standard Forms
Standard form contracts have long served an important function in the United States and international construction markets. The common purpose of these forms is to provide an economical and convenient way for parties to contract for design and construction services. As standard forms gain acceptance and are used with increased frequency, parties are able to enter into contracts with greater certainty as to their rights and responsibilities.
2. DBIA Standard
Form Contract
Documents
Since its formation in 1993, the Design-Build Institute of America (“DBIA”) has regularly evaluated the needs of owners, design-builders, and other parties to the design-build process in preparation for developing its own contract forms. Consistent with DBIA’s mission of promulgating best design-build practices, DBIA believes that the design-build contract should reflect a balanced approach to risk that considers the legitimate interests of all parties to the design-build process. DBIA’s Standard Form Contract Documents reflect a modern risk allocation approach, allocating each risk to the party best equipped to manage and minimize that risk, with the goal of promoting best design-build practices.
3. Use of Non-DBIA
Documents
To avoid inconsistencies among documents used for the same project, DBIA’s Standard Form Contract Documents should not be used in conjunction with non-DBIA documents unless the non-DBIA documents are appropriately modified on the advice of legal counsel. Moreover, care should also be taken when using different editions of the DBIA Standard Form Documents on the same project to ensure consistency.
4. Legal
Consequences
DBIA Standard Form Contract Documents are legally binding contracts with important legal consequences. Contracting parties are advised and encouraged to seek legal counsel in completing or modifying these Documents.
5. Reproduction
DBIA hereby grants to purchasers a limited license to reproduce its Documents consistent with the License Agreement accompanying these Documents. At least two original versions of the Agreement should be signed by the parties. Any other reproduction of DBIA Documents is strictly prohibited.
6. Modifications
Effective contracting is accomplished when the parties give specific thought to their contracting goals and then tailor the contract to meet the unique needs of the project and the design-build team. For that reason, these Documents may require modification for various purposes including, for example, to comply with local codes and laws, or to add special terms. DBIA’s latest revisions to its Documents provide the parties an opportunity to customize their contractual relationship by selecting various optional contract clauses that may better reflect the unique needs and risks associated with the project.
Any modifications to these Documents should be initialed by the parties. At no time should a document be re-typed in its entirety. Re-creating the document violates copyright laws and destroys one of the advantages of standard forms – familiarity with the terms.
7. Execution It is good practice to execute two original copies of the Agreement. Only persons authorized to sign for the contracting parties may execute the Agreement. 168
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© 2024 Design-Build Institute of America
Specific Instructions
Section
Title
Instruction
General Purpose of This
Agreement
DBIA Document No. 544 (“Agreement”) should be used for progressive design-build projects. Progressive Design-Build allows an Owner to complete a Design-Build project in two phases. In Phase 1, Owner completes preliminary design, sets the construction plan, and establishes the Phase 2 costs to complete final design and the planned construction. This Agreement allows for Owner to pay Design-Builder for design services and construction work in Phase 2 using Cost of the Work plus a Fee, with or without a Guaranteed Maximum Price (“GMP”), or Lump Sum.
If there is uncertainty about Owner’s final design Project Criteria after Phase 1, or the final design Project Criteria remain to be developed by Owner and Design-Builder together during Phase 2, a cost-plus/GMP contracting approach is desirable.
If there is certainty as to Owner’s Project Criteria and project design after Phase 1, a lump sum fixed price for the completion of all design and construction services in Phase 2 may be suitable, especially when Owner procures Design-Builder’s services by competitive means.
General Purpose of These
Instructions
These Instructions are not part of this Agreement, but are provided to aid the parties in their understanding of the Agreement and in completing the Agreement.
General Related Documents This Agreement shall be used in conjunction with the General Conditions of Contract.
Other related Contract Documents are listed in Article 2 of this Agreement.
General Date
On Page 1, enter the date when both parties reach a final understanding. It is possible, due to logistical reasons, that the dates when the parties execute the Agreement may be different. Once both parties execute the Agreement, the effective date of the Agreement will be the date recorded on Page 1. This date does not, however, determine Contract Time, which is measured according to the terms of Article 5.
General Parties: Owner and
Design-Builder
On Page 1 enter the legal name and full address of Owner and Design-Builder, as well as the legal form of each entity, e.g., corporation, partnership, limited partnership, limited liability company, or other.
1.3 Contract Price
Amendment and
Proposal
When a GMP or Lump Sum is established after execution of this Agreement for Phase 2 work, the Proposal must be attached to the Contract Price Amendment pursuant to Section 1.3.2. Both the Contract Price Amendment and Proposal will include those Basis of Design Documents Design-Builder uses as the basis for its Contract Price.
This Agreement provides the parties flexibility in establishing the Phase 2 Contract Price. Parties can establish a GMP or Lump Sum for Phase 2 after entering into this Agreement, or elect to proceed on the basis of costs plus a fee, without a GMP or Lump Sum.
If a GMP or Lump Sum method is elected, the GMP or Lump Sum should not be established until the Basis of Design Documents is sufficiently defined during Phase 1 to make the GMP or Lump Sum realistic and meaningful. Setting it too early does not permit reasonable opportunity for scope definition and evaluation of Project risk.
On the other hand, setting it too late may not achieve Owner’s objective of having an early price guarantee to enable it to make decisions relative to the Project.
1.3.1.4 Schedule
Given that expedited delivery is one of the primary factors driving many owners to select the design-build method, DBIA strongly believes that the parties should discuss and understand what each party must do to support the Project schedule.
The entire Work, both design and construction, should be scheduled. The schedule should indicate the dates for the start and completion of the various stages of the Work, including the date when Owner information and approvals are required, and any Owner-created constraints. The Agreement also provides flexibility to establish the Scheduled Substantial Completion Date prior to submission of the Proposal. 169
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Section
Title
Instruction
1.3.2.2 Acceptance of
Proposal
If Owner accepts the Proposal, the parties should amend this Agreement to add the final Proposal as a Contract Document pursuant to Section 2.1.2.
1.3.2.3 Failure to Accept
the Proposal
This Agreement provides three options for Owner in the event it fails to accept the Proposal and two choices for Design-Builder if Owner fails to exercise any of the three options. These options are specifically designed to prevent one party from receiving a windfall in the event the parties cannot agree on the GMP or Lump Sum and the Agreement is terminated. This Agreement also states when the Agreement terminates or the Agreement is deemed completed if Owner fails to exercise one of the options.
The parties should take note that if Owner exercises its option to terminate for convenience, or Design-Builder suspends performance, Design-Builder will not be entitled to payment for uncompleted Work provided by Section 8.2. However, additional payment for Owner’s use of Work Product will be due Design-Builder pursuant to Section 4.3, if Owner proceeds to complete the Project using Design- Builder’s Work Product.
2.1 Order of
Precedence
The Contract Documents are listed in Section 2.1 in the order of their precedence.
The Contract Price Amendment and Proposal are based on the Basis of Design Documents, which are comprised of various documents. The parties should strongly consider establishing the priority of the various documents comprising the Contract Price Amendment or Proposal to avoid disputes should discrepancies arise among the documents. Moreover, Section 2.1.7 recognizes that there may be other exhibits attached to this Agreement. If this is the case, the parties should discuss whether these exhibits should be part of the Basis of Design Documents. If these exhibits are not made part of the Basis of Design Documents, these exhibits will not take priority over the Basis of Design Documents in the event of a conflict.
2.1.5 Construction
Documents
After execution of the Agreement, and consistent with the requirements of Section 2.4 of the General Conditions of Contract, Design-Builder will prepare Construction Documents, subject to Owner’s review and approval.
3.3 Definitions Terms, words and phrases used in the Agreement shall have the same meanings used in the General Conditions of Contract.
3.4 Design
Specifications
Owner is cautioned that consistent with legal precedent, if it includes design specifications in its Project Criteria Design-Builder is entitled to rely on the information provided and to the extent said information is not accurate, Design-Builder is entitled to an adjustment in the Contract Price and/or Contract Time. Accordingly, Owner should consider using performance specifications to avoid such potential liability.
4.1 Work Product
This Agreement provides that Design-Builder shall retain ownership of the Work Product it produces, but obligates Design-Builder to grant a limited license to Owner to use the Work Product according to the terms and circumstances described in Sections 4.2, 4.3, 4.4 and 4.5.
4.2 Owner’s Limited
License Upon
Payment in Full
Design-Builder shall grant Owner, at Owner’s sole risk, a limited license to use the Work Product at the completion of the Work in connection with Owner’s occupation of the Project. This Section also provides the parties with the option of transferring ownership of some or all of the Work Product to Owner upon payment in full for all Work performed. Generally, where Owner desires ownership of Work Product, it is sufficient to transfer ownership of unique architectural and design elements. 170
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Section
Title
Instruction
4.3 Owner’s Limited
License Upon
Owner’s
Termination for
Convenience or
Design-Builder’s
Election to
Terminate
Owner should not use the Termination for Convenience Clause to obtain Design- Builder’s valuable design concepts, and then seek lower bids from other design- builders. Therefore, where Owner terminates this Agreement for its convenience, and then decides to complete the Project with its own or third-party forces, Design-Builder shall grant Owner the rights set forth in Section 4.3, provided Owner pays Design- Builder all amounts due Design-Builder as required by the Contract Documents, including paying Design-Builder an additional sum per Section 4.3.2 for the use of the Work Product. In the event Design-Builder elects to terminate this Agreement for cause, for reasons set forth in Section 11.4 of the General Conditions of Contract, these same conditions apply to Owner’s use of the Work Product.
4.3.2 Additional
Compensation
To minimize disputes, the parties should negotiate prior to the execution of the Agreement the amount Owner shall pay Design-Builder for the use of Design- Builder’s Work Product in the event Owner terminates this Agreement for its convenience or Design-Builder elects to terminate this Agreement for cause. Enter this amount.
4.4 Owner’s Limited
License upon
Design-Builder’s
Default
If Design-Builder is properly terminated for default, Owner is granted a limited license to use the Work Product, to complete the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.3.
4.5 Owner’s
Indemnification for
Use of Work
Product
Owner’s use or alteration of the Work Product shall be at its sole risk, and Owner must agree to defend, indemnify, and hold harmless Design-Builder and anyone working by or through Design-Builder, including Design Consultants of any tier.
5.1 Date of
Commencement
Design-Builder’s obligation to commence work is triggered by its receipt of a Notice to Proceed unless the parties mutually agree otherwise.
5.2.1 Substantial
Completion of the
Entire Work
Enter the calendar days of duration by which Substantial Completion has to be achieved. The parties in this Section have the option of modifying the definition of Substantial Completion set forth in the General Conditions of Contract. If this option is selected, Substantial Completion will be deemed to be achieved no later than the date a Temporary Certificate of Occupancy is issued if applicable to the Project.
5.2.2 Interim Milestones
It may be that some portions of the Work must be completed in phases or within a prescribed period of time to accommodate Owner’s needs. The parties may, at their option, identify these portions of the Work to be completed prior to Substantial Completion of the entire Work. Enter the calendar days, starting from the Date of Commencement, for achieving Substantial Completion of these identified portions of the Work. If these portions of the Work are required to be substantially completed by certain milestone dates, enter those dates. As presently drafted, no remedy is provided to Owner if an interim milestone is not met. If Owner has special requirements as it relates to interim milestones, Owner may want to consider a remedy for Design-Builder’s failure to meet an interim milestone, as well as providing a bonus to Design-Builder for satisfying such interim milestone. 171
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Section
Title
Instruction
5.4 Liquidated
Damages
Owner should make a good faith evaluation of the amount that is reasonably necessary to compensate it for delay. Owner should not establish liquidated damages to penalize Design-Builder. Moreover, in the event a GMP or Lump Sum is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing liquidated damages until such time as the GMP or Lump Sum is established.
Section 5.4 establishes a grace period between the Scheduled Substantial Completion Date and the assessment of liquidated damages in order to prevent disputes as to which party bears responsibility for only a few days of delay. The parties should enter the calendar days that may pass following the Scheduled Substantial Completion Date before liquidated damages will be assessed.
The parties are also provided the option of establishing liquidated damages if the Design-Builder fails to achieve Final Completion within a specified number of days after Substantial Completion. If this option is selected, the parties must negotiate the number of days, as well as the liquidated damages amount. The parties in negotiating liquidated damages should keep in mind that the amount of liquidated damages for failing to achieve Final Completion should be a considerably scaled down amount and should reflect the financial harm to Owner. In no case should the total amount of liquidated damages for the Project exceed an amount that is reasonably necessary to compensate Owner for Project delay.
The parties also have the option here of eliminating liquidated damages altogether in which case Owner can recover actual damages for Project delay at an amount that is capped by the parties. Owner is cautioned that it still cannot recover consequential damages under Section 10.5.1 of the General Conditions of Contract.
5.5 Liquidated
Damages Cap The parties can agree to cap liquidated damages at a negotiated amount.
5.6 Early Completion
Bonus
If the Project economics justify liquidated damages, then it is appropriate to couple these liquidated damages with an early completion bonus. The parties should enter the number of calendar days prior to the Scheduled Substantial Completion Date that will set the Bonus Date. Also, enter the amount of the bonus to be paid per day that will allow Owner to share with Design-Builder the economic benefits of early completion. Moreover, in the event a GMP or Lump Sum is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing an early completion bonus until such time as the GMP or Lump Sum is established. The parties also have the option in Section 5.6 of capping the early completion bonus at a negotiated amount.
Optional
Provision
in 5.6
Compensation for
Force Majeure
Events
The parties are provided the opportunity of providing Design-Builder the right to receive compensation for Force Majeure Events. By selecting this option, the parties agree to modify Section 8.2.2 of the General Conditions of Contract, in which case the parties must negotiate how many cumulative days of Force Majeure delays must occur before Design-Builder is entitled to either a negotiated amount per day for delay or the direct costs it has incurred as a result of such delay.
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6.1 GMP or Lump Sum
at Agreement
Execution
Enter the GMP or Lump Sum for Phase 2 Services, if appropriate. Attach as an amendment to this Agreement the Basis of Design Documents used to establish the GMP or Lump Sum. These documents comprise the Contract Price Amendment which shall become a Contract Document pursuant to Section 2.1.2 of the Agreement. Design-Builder does not guarantee any specific line item provided as part of a GMP.
By selecting the alternate option if using a GMP, Design-Builder agrees to guarantee the line item in its GMP for general conditions costs only. Design-Builder agrees that it is responsible for paying general conditions costs in excess of this line item.
Design-Builder does not guarantee any other line items in the GMP.
6.1.3 Optional Pricing
This Agreement allows the parties the flexibility to establish within the Contract Price a different payment basis for certain portions of the Work which may be necessary to permit Design-Builder to furnish Owner with a GMP or Lump Sum.
6.4.1 Design-Builder’s
Fee
Enter the amount of Design-Builder’s Fee as a sum certain or as a percentage of the Cost of the Work. Design-Builder’s Fee shall be commensurate with the services it provides and the risk it assumes in providing single point responsibility to Owner.
6.4.2 Adjustments to
Design-Builder’s
Fee
For additive Change Orders, the parties must negotiate the Fee Design-Builder will receive. For deductive Change Orders, the parties have the option by checking the appropriate box of whether there will be no additional reduction or whether there will be an additional reduction based on a negotiated percentage.
6.5.1.3 Wages for Design-
Builder’s Employees
at Principal or
Branch Offices
DBIA endorses reimbursing salaries and associated benefits of Design-Builder’s Project personnel, such as accountants, stationed at offices other than the field office, when to do so is more efficient and cost effective. Enter the percentage markup to be applied for Project-related overhead associated with such personnel. Insert, or attach as an exhibit, a list of such personnel and their job functions.
6.5.1.4 Employee Benefits
It may be simpler for the parties to agree on a multiplier (rather than actual costs) to compensate Design-Builder for employee benefits. Accordingly, the parties may want to insert the multiplier to be applied to the wages and salaries of its reimbursable employees.
6.5.1.7 Costs for
Defective/Non-
Conforming Work
The Cost of the Work shall include the costs to repair or correct defective or non- conforming Work (including warranty or corrective work performed after Substantial Completion) unless caused by Design-Builder’s negligence. DBIA believes that Design-Builder should not be penalized for inadvertent mistakes which are inevitable when designing and constructing a Project. To do so would encourage ultra- conservatism in every task, the ultimate cost of which would be greater than a proactive approach to performing the Work, which includes ordinary mistakes or inadvertence.
6.5.1.23 Warranty Escrow
At this section, the parties are provided the opportunity to establish prior to Final Completion an escrow account in a negotiated amount to be used to reimburse Design-Builder for its costs incurred in performing warranty Work if a GMP is used. If funds remain in the escrow account after the expiration of the warranty period, the funds are returned to Owner subject to Design-Builder’s share of any savings. Note that even if the escrow account is exhausted, if funds remain under the GMP, Owner is still obligated to reimburse Design-Builder for its warranty Work. 173
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6.6.2 GMP Contingency
Enter the amount of Design-Builder’s Contingency if using a GMP. The Contingency is for the exclusive use of Design-Builder and covers all unanticipated costs incurred that are not the basis of a Change Order. This section sets forth by way of example only the type of costs that would be funded out of the Contingency. Other costs such as, but not limited to, any deductibles Design-Builder is obligated to pay would be subject to reimbursement. Design-Builder is also required to provide Owner with a monthly status report accounting for the Contingency, including all reasonably foreseen uses and potential uses, of the Contingency for the upcoming three months.
While not provided for in the Contingency provision, DBIA recognizes that there may be situations where Owner will want to recapture the Contingency prior to Final Completion. For example, Owner may want to use amounts in the Contingency to fund changes to the Project. Owner’s desire must be balanced against Design- Builder’s need to use the Contingency to fund unanticipated costs for which it is liable. An option to consider to accommodate both interests is to establish an “Owner’s Contingency” and a “Design-Builder’s Contingency” in the GMP. If this option is used, any savings clause in the agreement should be drafted appropriately to address these pools of funds.
6.6.3 Savings
One of the benefits of a GMP approach is the possibility that with good management by Design-Builder and timely support from Owner the actual Cost of the Work and Fee may be less than the GMP. This creates a savings pool that should result in a benefit to both Design-Builder and Owner. Sharing these savings creates an incentive for Design-Builder to save costs. Some factors to consider in determining how the Savings are shared include the timing for the establishment of the GMP and the amount of Design-Builder’s Fee established under Section 6.4.1.
6.6.3.1 Savings
Calculations
This section provides that if the actual Cost of the Work and Design-Builder’s Fee is less than the GMP, as such GMP may have been adjusted, the savings, if any, shall be shared. The Agreement offers two choices for distributing Savings. Choose a method and enter the appropriate figures.
6.7.4 Allowance Value
This section recognizes that the parties may agree that certain items of Work should be treated as an Allowance Item and priced based on Allowance values. The Allowance Value for which Design-Builder will be entitled to receive compensation includes direct cost of labor, materials, equipment, transportation, taxes, and insurance associated with the Allowance Item. All other costs associated with the Allowance Item, such as design fees, general conditions costs, and Fee are deemed to be included in the Contract Price. However, by checking the box, the parties agree that in the event the actual cost of the Allowance Item is greater than or less than the Allowance Value by a negotiated percentage, then Design-Builder’s right to Fee and markup shall be determined pursuant to Section 6.4.
6.8 Performance
Incentives
In addition, for the potential of Design-Builder to share in Savings as set forth in Section 6.6.3, there may be other performance incentives that will influence Project success. Such incentives may include award fees tied to Design-Builder achieving certain standards relative to client satisfaction, safety, and personnel retention. The parties are encouraged to discuss the use of such incentives during negotiation of this Agreement. Any agreement on the use of incentives should be set forth in an exhibit attached to this Agreement.
7.2.1 Progress Payments Enter the day of the month when Design-Builder shall submit its Application for Payment.
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7.3.1 Retainage
Enter the percentage Owner will retain from Progress Payments to Design-Builder until fifty percent (50%) of the Work is completed. Owner should recognize that it creates undue hardship to hold retainage on Subcontractors that have completed their work early in the Project. Owner should accordingly consider releasing retainage on Subcontractors that complete work early in the Project, providing that these Subcontractors have satisfactorily performed their portion of the Work.
The parties are provided the option of modifying the retainage provision by checking the box. This option excludes from retainage the Design-Builder’s general conditions costs and amounts paid to Design-Builder’s Design Consultant. The rationale for selecting this option is that Design-Builder is obligated to pay its general conditions costs in full each month and that under the design-bid-build delivery method, Owner typically does not retain sums from its Designer.
7.3.2 Release of
Retainage
This section requires Owner to release retainage to Design-Builder. If Design-Builder and Owner have established a warranty reserve in accordance with Section 6.5.1.23, the parties shall establish an escrow account at this time.
7.5 Interest
The parties should enter the rate at which interest will accrue on Design-Builder’s payments if unpaid five (5) days after due. Late payment creates a hardship for Design-Builder, its Design Consultants, and Subcontractors.
7.6 Record Keeping
Owner is provided access to Design-Builder’s accounting information as it relates to Costs of the Work. However, if the parties have agreed to multipliers or markups, the time to challenge and negotiate those percentages is at the time the parties execute the Agreement and not during the Project or after it has been completed. Accordingly, Owner can at any time audit these percentages only to confirm that such percentage has been properly charged and not to challenge the composition of such percentage.
8.1 Termination for
Convenience:
Overhead and Profit
The parties should choose prior to execution of the Agreement the method that will be used to determine overhead and profit paid to Design-Builder in the event Owner terminates Design-Builder for its convenience. The parties may choose to set percentage rates for overhead and profit prior to execution of the Agreement, or may choose to determine reasonable sums to be paid for overhead and profit at the time of the termination. If the parties choose to set overhead and profit rates prior to execution of the Agreement, the percentages should be entered in Section 8.1.
8.2 Termination for
Convenience:
Additional Payments
Although it is important for Owner to have a process for terminating this Agreement for convenience, the process must consider the interests of Design-Builder. If Owner terminates this Agreement for its own convenience, compensating Design-Builder for its costs will not be adequate because Design-Builder will have committed its resources for a small amount of revenue. Therefore, in addition to the overhead and profit paid in Section 8.1, Owner shall pay Design-Builder an additional sum, calculated as a percentage of the remaining balance of the Contract Price or, if a GMP or Lump Sum has not been established, the remaining balance of the most recent estimated Contract Price. Enter the percentages Owner shall pay Design- Builder if Owner terminates this Agreement for its own convenience prior to or after the start of construction.
8.3 Termination for
Convenience:
Owner’s Use of
Work Product
Owner should not use the Termination for Convenience clause to obtain Design- Builder’s valuable design concepts and then seek lower bids from another design- builder. If Owner terminates this Agreement for its own convenience, and chooses to proceed with the Project using Design-Builder’s Work Product, Owner should pay an additional sum for the use of Design-Builder’s Work Product pursuant to Section 4.3. 175
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Article 9 Representatives of
the Parties
Enter the name, title, address and telephone number of Owner’s Senior Representative and Owner’s Representative at Sections 9.1.1 and 9.1.2, respectively.
Enter the name, title, address and telephone number of Design-Builder’s Senior Representative and Design-Builder’s Representative at Sections 9.2.1 and 9.2.2, respectively.
The parties can elect to establish these Representatives during the performance of the Project rather than at the time of execution of this Agreement. If Representatives are identified after execution of the Agreement, an appropriate amendment should be made to the Agreement at the time these individuals are designated.
10.1 Insurance
Attach an Insurance Exhibit setting forth in detail the insurance coverages required for the Project. Parties are advised to familiarize themselves with the terms of Article 5 of the General Conditions of Contract, Insurance and Bonds, and to consult their insurance advisor.
10.2 Bonds
Enter the type and amount of bonds or other performance security required for the Project. Where bonding is not required by statute, Owner may want to evaluate the project risks versus the bonding costs in deciding what type of performance security to require.
11.1 Other Provisions
Insert any other provisions. For example, the parties may elect to have disputes resolved through litigation rather than arbitration, in which case the following optional language in this Section should be included.
11.2 Listing of Exhibits
Include a listing of exhibits and documents incorporated or referenced in the Agreement. This listing includes the exhibits and documents referenced in the Agreement. Additional documents or exhibits referenced in the Agreement should be listed here.
12 Limitation of Liability This provision establish es a limit of liability of Design-Builder’s liability for the Project. 176
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Progressive Design-Build Agreement
This document has important legal consequences. Con sultation with an attorney is recommended with respect to its comp letion or modification.
This AGREEMENT is made as of the day of i n the year of 2024 , by and between the followin g parties, for services in connection with the Proj ect identified below:
OWNER/CITY:
(Name and address)
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
DESIGN-BUILDER:
(Name and address)
4CGlobal, Inc. dba 4Creeks Build
324 S. Santa Fe Street
Visalia, CA 93292
PROJECT:
(Include Project name and location as it will appear in the Contract Documents)
Valley Strong Stadium (Recreation Park)
Expansion & Remodel of Clubhouse & Batting Cage
In consideration of the mutual covenants and obliga tions contained herein, Owner and Design-Builder ag ree as set forth herein.
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Article 1
Design-Builder’s Services and Responsibilities
1.1 General Services.
1.1.1 Owner shall provide Design-Builder with Owner ’s Project Criteria describing Owner’s program requirements and objectives for the Project. Owner’s Project Criteria shall include Owner’s use, space, price, time, site, performance, and expandability requirements. Owner’s Project Criteria may include conceptual documents, design specificat ions, design performance specifications, and other technical materials and requirements prepared by or for Owner.
1.1.2 If Owner’s Project Criteria have not been dev eloped prior to the execution of this Agreement, Design-Builder will assist Owner in deve loping Owner’s Project Criteria, with such service deemed to be an additional service for whic h additional compensation shall be paid by Owner to Design-Builder. If Owner has developed Own er’s Project Criteria prior to executing this Agreement, Design-Builder shall review and prepare a written evaluation of such criteria, including recommendations to Owner for different and innovative approaches to the design and construction of the Project. The parties shall meet to discuss D esign-Builder’s written evaluation of Owner’s Project Criteria and agree upon what revisions, if any, should be made to such criteria.
1.2 Phased Services.
1.2.1 Phase 1 Services. Design-Builder shall perfor m the services related to Task 1 – Batting Cage & Related Site Work and Task 2 – Clubhouse & R elated Site Work. Services to include:
a) The previously authorized design agreement with 4Creeks, Inc dba 4Creeks Design dated November 6, 2024, hereby incorporated as Exhibit A.
b) Procurement of long-lead items that could be pur chased prior to final Task 1 and Task 2 authorization in order to try and keep the project within the tight construction window, as previously authorized by the City Council, and desc ribed in Exhibit B. These lead time items would be purchased via competitive bidding, reviewed/approved by the Owner; in addition, any items purchased shall be provided to the City if either applicable Phase 2 Task is not completed by Design-Builder or credited against the Phase 2 S ervice contract amount paid by City upon completion of the relevant Phase 2 Task.
c) Pricing, sourcing, bidding, negotiating, vetting , and other services needed for the Project, as may be revised in accordance with Section 1.1 hereo f,.
Design-Builder shall perform such services to the l evel of completion required for Design-Builder and Owner to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1. Design-Builder’s Compensation for Phase 1 Services is set forth in Section 6.1.1 here in. The level of completion required for Phase 1 Services is defined in Exhibit A, Agreement dated N ovember 6, 2024.
1.2.2 Phase 2 Services. Design-Builder shall perfor m the services related to Task 1 – Batting Cage & Related Site Work and Task 2 – Clubhouse & R elated Site Work. Design-Builder’s Phase 2 services shall consist of the completion of any r emaining design services for the Project, the procurement of materials and equipment for the Proj ect, the performance of construction services for the Project, the start-up, testing, and commissioning of the Project, and the provision of warranty services, all as further described in the Contract Price Amendment. Upon receipt of Design- Builder’s proposed Contract Price for Phase 2, Owne r may proceed as set forth in Section 1.3. 178
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1.3 Proposal. Upon/near the completion of design fo r each Task from the Phase 1 Services, Design- Builder shall submit to the Owner a separate proposal (“Proposal”) for construction of each Task, based on a Lump Sum Fee per each:
Task 1 – Batting Cage & Related Site Work:
TBD Lump Sum Fee (Proposal – Task 1)
Task 2 – Clubhouse & Related Site Work: TBD Lump Sum Fee (Proposal – Task 2)
1.3.1 The Proposal shall include the following unle ss the parties mutually agree otherwise:
1.3.1.1 The Contract Price shall be based on a Lump Sum for each Task in each Phase of the Project, which shall all be added together t o calculate the Total Contract Price for the Project.
1.3.1.2 The Basis of Design Documents, which may in clude, by way of example, Owner’s Project Criteria, which are set forth in detail and are attached to the Proposal;
1.3.1.3 A list of the assumptions and clarification s made by Design-Builder in the preparation of the Proposal, which list is intended to supplement the information contained in the drawings and specifications and is specifically included as part of the Basis of Design Documents;
1.3.1.4 The Scheduled Substantial Completion Date u pon which the Proposal is based, to the extent said date has not already been establ ished under Section 5.2.1 hereof, and a schedule upon which the Scheduled Substantial Completion Date is based and a Project Schedule for the Work;
1.3.1.5 If applicable, a list of Allowance Items, A llowance Values, and a statement of their basis;
NOT USED
1.3.1.6 If applicable, a schedule of alternate pric es;
1.3.1.7 If applicable, a schedule of unit prices;
1.3.1.8 If applicable, a statement of Additional Se rvices which may be performed but which are not included in the Proposal, and which, if performed, shall be the basis for an increase in the Contract Price and/or Contract Time (s);
1.3.1.9 If applicable, a Savings provision;
1.3.1.10 If applicable, Performance Incentives;
NOT USED
1.3.1.11 The time limit for acceptance of the Propo sal; and
1.3.1.12 A project permit list, a list detailing th e permits and governmental approvals that Design-Builder will bear responsibility to obtain, in accordance with General Conditions Section 3.5, Government Approvals and Permits.
1.3.2 Review and Adjustment to Proposal.
1.3.2.1 After submission of the Proposals, Design-Builder and Owner shall meet to discuss and review each Proposal. If Owner has any comments regarding the Proposals, or finds any inconsistencies or inaccuracies in the informat ion presented, it shall promptly give written notice to Design-Builder of such comments o r findings. If appropriate, Design- 179
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Builder shall, upon receipt of Owner’s notice, make appropriate adjustments to the Proposals.
1.3.2.2 Acceptance of Proposals. If Owner accepts the Proposals, as may be amended by Design-Builder, the Contract Price and its basis sh all be set forth in an amendment to this Agreement, when mutually agreed between the parties (Contract Price Amendment).
Once the parties have agreed upon the Contract Pric e and Owner has issued a Notice to Proceed with Phase 2, Design-Builder shall perform the Phase 2 Services, all as further described in the Contract Price Amendment, as it ma y be revised. The Owner will issue a Notice to Proceed for each of Task 1 and Task 2 if the related Proposal is accepted separately.
1.3.2.3 Failure to Accept a Proposal. If Owner reje cts a Proposal, or fails to notify Design- Builder in writing on or before the date specified in each Proposal that it accepts the Proposal, the Proposal shall be deemed withdrawn an d of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options:
i Owner may suggest modifications to a Proposal, wh ereupon, if such modifications are accepted in writing by Design-Builder, the Proposal shall be deemed accepted and the parties shall proceed in ac cordance with Section
1.3.2.2 above;
ii Owner may authorize Design-Builder to continue t o proceed with the Work on the basis of reimbursement as provided in Section 6 .1.2 hereof without a Contract Price, in which case all references in this Agreement to the Contract Price shall not be applicable; or
iii Owner may terminate this Agreement for convenie nce in accordance with Article 8 hereof
If Owner fails to exercise any of the above options , Design-Builder shall have the right to request a change to the agreement and/or proposal t o address any impacts to the scheduling or construction costs. Any proposed chan ges will be incorporated as an amendment, and shall be reviewed and approved by th e Owner prior to implementation.
1.3.3 Skilled and Trained Workforce Requirement: By signing this Agreement, the Design- Builder is certifying to City that Design-Builder and its subcontractors at every tier shall use a skilled and trained workforce to perform all work on the Pr oject that falls within an apprenticeable occupation in the building and construction trades as required by the Public Contract Code section 22164(c). Design-Builder is further certifying that they understand the terms “apprenticeable occupation” and “skilled and trained workforce” hav e the meanings defined in California Public Contract Code section 2601 in this Agreement.
Article 2
Contract Documents
2.1 The Contract Documents are comprised of the fol lowing:
2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document N o. 535, Standard Form of General Conditions of Contract Agreement Between Owner and Design-Builder (2022 Edition) (“General Conditions of Contract”);
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2.1.2 The Contract Price Amendment or the Proposal accepted by Owner in accordance with Section 1.3 above.
2.1.3 This Agreement, including all exhibits (list for example, performance standard requirements, performance incentive arrangements, m arkup exhibits, allowances, unit prices, or exhibit detailing offsite reimbursable personnel) b ut excluding, if applicable, the Contract Price Amendment;
2.1.4 The General Conditions of Contract;
2.1.5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract;
2.1.6 Exhibit A, previously authorized design agree ment dated November 6, 2024, and Contract Amendment No. 1, dated January 8, 2025;
2.1.7 Exhibit B, long-lead items;
2.1.8 Exhibit C, Contract Price Amendment; and
2.1.9 The following other documents:
2.1.9.1 Special Conditions
2.1.9.2 Disclosure Statements
2.1.9.3 Insurance Requirements
2.1.9.4 City of Visalia Labor Compliance Manual
2.1.9.5 City of Visalia Engineering Standard Specif ications dated August 5, 2013
2.1.9.6 Labor Prevailing Wage Rates
2.1.9.7 Subcontractor List with DIR registration nu mbers
2.1.9.8 Payment Bond
2.1.9.9 Performance Bond
2.1.9.10 Maintenance Bond
2.1.9.11 Workers Compensation Insurance
2.1.9.12 Contractor’s Affidavit
Article 3
Interpretation and Intent
3.1 Design-Builder and Owner, at the time of accept ance of the Proposal by Owner in accordance with Section 1.3 hereof, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents for any co nflicts or ambiguities. Design-Builder and Owner wi ll 181
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discuss and resolve any identified conflicts or amb iguities prior to execution of the Agreement, or if applicable, prior to Owner’s acceptance of the Prop osal.
3.2 The Contract Documents are intended to permit t he parties to complete the Work and all obligations required by the Contract Documents within the Contr act Time(s) for the Contract Price. The Contract Documents are intended to be complementary and inte rpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consisten t with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguitie s between or among the Contract Documents are discovered after Owner’s acceptance of the Proposal , Design-Builder and Owner shall attempt to resolve any ambiguity, conflict, or inconsistency informall y, recognizing that the Contract Documents shall ta ke precedence in the order in which they are listed in Section 2.1 hereof. (Note, the parties are strongly encouraged to establish in the Contract Price Amendment or Proposal (as applicable) the priority of the various documents comprising such exhibit or proposal.)
3.3 Terms, words, and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions o f Contract.
3.4 If Owner’s Project Criteria contain design spec ifications: (a) Design-Builder is entitled to reasonably rely on the accuracy of the information represented in the design specifications and their compatibili ty with other information set forth in Owner’s Project Criteria, including any design performance specifications; and (b) Design-Builder shall be entitled to an adjustme nt in its Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance have been adversely impacted by such inaccurate design specification.
3.5 The Contract Documents form the entire agreemen t between Owner and Design-Builder and by incorporation herein are as fully binding on the pa rties as if repeated herein. No oral representation s or other agreements have been made by the parties exce pt as specifically stated in the Contract Documents .
Article 4
Ownership of Work Product
4.1 Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the Owner. In addition, Ownershall be provided with access an d use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise pr ovided for herein, shall be the responsibility of t he Owner.
Documents, including drawings and specifications, prepared by Design-Builder pursuant to this Agreement, are not intended or represented to be suitable for reuse by Owneror others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorizatio n from Design-Builder will be at Owner’s sole risk and without liability to Design-Builder. Further, any and all liability arising out of changes made to D esign- Builder’s deliverables under this Agreement by Owne ror persons other than Design-Builder is waived as against Design-Builder, and the Owner assumes full responsibility for such changes unless the Ownerha s given √ prior notice and has received from √ writte n consent for such changes.
4.2 The Design-Builder shall secure in writing from all patentees, copyright holders, and assignees of all Project-related documents, all copyrights, assi gnments, and licenses related to such expression (e .g., designs, drawings, Contract Documents, specificatio ns, documents in computer form, etc.) as necessary to allow the Ownerthe full, unlimited, and unencumbered use of that expression for the execution, operation, maintenance, modernization or expansion of this sole Project. The Design-Builder shall immediately convey all such copyrights, assignments, and licenses to t he Owner without reservation except that which is expressly allowed in this Article. In the case of p roducts, materials, systems, etc., protected by pat ent, the Design-Builder and its consultants shall not specify or cause to be specified any infringing use of a patent.” Design Builder shall retain underlying intellectual property rights of design elements not specific to this sole Project as the work is an instrument of service.
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4.3 Owner’s Limited License upon Owner’s Terminatio n for Convenience or Design-Builder’s Election to Terminate. If Owner terminates this Agreement fo r its convenience as set forth in Article 8 hereof, or if Design-Builder elects to terminate this Agreement i n accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner’s payment in full of the amounts due Design- Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, an d Owner shall thereafter have the same rights as se t forth in Section 4.2 above, conditioned on the foll owing:
4.3.1 Use of the Work Product is at Owner’s sole ri sk without liability or legal exposure to any Indemnified Party, and on the Owner’s obligation to provide the indemnity set forth in Section 4.5 herein, and
4.3.2 Owner agrees to pay Design-Builder the additi onal sum of _________________ Dollars ($ ) as compensation for the right to use the Work Product to complete the Project and subsequently use the Work Product in accordance with Section 4.2 if Owner resumes the Project through its employees, agents, or third par ties . NOT USED
4.4 Owner’s Limited License upon Design-Builder’s D efault. If this Agreement is terminated due to Design-Builder’s default pursuant to Section 11.2 o f the General Conditions of Contract, then Design- Builder grants Owner a limited license to use the W ork Product to complete the Project and subsequentl y occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section
4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design-Builder was not in default, Owner shall be deemed to have termi nated the Agreement for convenience, and Design- Builder shall be entitled to the rights and remedie s set forth in Section 4.3 above.
4.5 Owner’s Indemnification for Use of Work Product . Owner recognizes that in the event of an early termination of the Work, whether for convenience or for cause, Design-Builder will not have the opportunity to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product, in whole or in part, or if Owner is required to indemnify any Indemnified Part ies based on the use or alteration of the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnify, and hold harmless the Indemnified Parties from and against any and al l claims, damages, liabilities, losses, and expense s, including attorneys’ fees, arising out of or result ing from the use or alteration of the Work Product, to the fullest extent permitted by applicable law.
4.6 Publication: No report, information, or other d ata given or prepared or assembled by the Design- Builder pursuant to this Agreement, shall be made available to any individual or organization by the Design- Builder without the prior written approval of the O wner. Notwithstanding the foregoing, however, the Design-Builder shall not be required to protect or hold in confidence and confidential information whi ch (1) is or becomes available to the public with the prio r written consent of the Owner; (2) must be disclos ed to comply with law; or (3) must be disclosed in connec tion with any legal proceedings.
4.7 Copyrights: The Design-Builder shall be free t o copyright material developed under this Agreement with the provision that the Owner be given a nonexc lusive and irrevocable license to reproduce, publis h or otherwise use, and to authorize others to use the m aterial for government or public purposes. Should Design-Builder place a copyright notice on document s it must state, “City of Visalia holds a nonexclus ive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.
Article 5
Contract Time
5.1 Date of Commencement. The Phase 1 Services shal l commence within five (5) days of Design- Builder’s receipt of Owner’s Notice to Proceed unle ss the parties mutually agree otherwise in writing. The Work shall commence within five (5) days of Design- Builder’s receipt of Owner’s Notice to Proceed for 183
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Phase 2 Services (“Date of Commencement”) if the Pr oposal is accepted and the Contract Price Amendment is amended to this Agreement unless the p arties mutually agree otherwise in writing.
5.2 Substantial Completion and Final Completion.
Substantial Completion of the entire Work shall be achieved no later than: March 23, 2026. (Scheduled Substantial Completion Date”).
[At the parties’ option, the following supplemental language may be inserted at the end of Section 5.2.1.]
The parties agree that the definition for Substant ial Completion set forth in Section 1.2.19 of the General Conditions of Contract is hereby mod ified to read as follows:
“Substantial Completion is the date on which the Work, or an agreed upon p ortion of the Work, is sufficiently complete so that First Pitch Entertain ment, LLC, the tenant utilizing the facility can occupy and use at a minimum to provide for locker a nd restroom facilities for the Visalia Rawhide baseball team thereof for its intended purposes, provided. Design-Builder shall provide at it’s costs alternative solutions that could also work for the First Pitch Entertainment, LLC, such as temporary facilities or alternative means to supply First Pit ch Entertainment, LLC with functional facilities.
5.2.1 Interim milestones and/or Substantial Complet ion of identified portions of the Work shall be achieved as follows:
Interim Milestone Date
Task 1: Batting Cage Construction
Substantially Complete
October 21, 2025
Task 2: Clubhouse Construction Substantially
Complete
March 23, 2026
5.2.2 Final Completion of the Work or identified po rtions of the Work shall be achieved as expeditiously as reasonably practicable. Final Comp letion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.8 of the General Conditions of Contract.
5.2.3 All of the dates set forth in this Article 5 (“Contract Time(s)”) shall be subject to adjustment in accordance with the General Conditions of Contra ct.
5.3 Time is of the Essence. Owner and Design-Builde r mutually agree that time is of the essence with respect to the dates and times set forth in the Con tract Documents.
5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees to the fo llowing liquidated damages on Phase 2 task only if Substantial Completion is not attained as follows:
Substantial Completion
Milestone
Date Liquidated Damages
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Task 1 - Batting Cage
Construction Substantially
Complete
October 21, 2025 500.00
Task 2 - Clubhouse
Construction Substantially
Complete
March 23, 2026 $1,500.00
Design-Builder shall pay liquidated damages for e ach day that Substantial Completion extends beyond the LD Date shown above.
[The parties may want to consider the following sup plemental language within Section 5.4 if they want to assess liquidated damages for failing to me et Final Completion. In this case, the first sentence in Section 5.2.3 should be deleted and the language below should be checked and completed.]
Design-Builder and Owner have agreed not to provide for liquidated damages in this Agreement for failure of Design-Builder to achieve the Contra ct Time(s) set forth in this Article 5. Design-Buil der understands, however, that Owner may suffer actual damages in the event the Contract Time(s) set forth herein are not achieved. Owner shall be able to rec over damages from Design-Builder to the extent it c an demonstrate that said actual damages have been incu rred, are directly related and caused by Design- Builder’s failure to meet the Contract Time(s) set forth herein, and are not waived by Section 10.5.1 of the General Conditions of Contract. Notwithstanding the foregoing in no event shall Design-Builder’s liability for actual damages for delays exceed Dollars ($ ). NOT USED
5.5 Any liquidated damages assessed pursuant to thi s Agreement shall be in lieu of all liability for a ny and all extra costs, losses, expenses, claims, pena lties, and any other damages, whether special or consequential, and of whatsoever nature, incurred b y Owner which are occasioned by any delay in achieving Substantial Completion, Interim Milestone Dates (if any), or Final Completion.
[The Parties may also desire to cap the liquidated damages payable under this Agreement, in which case the following language should be include d at the end of Section 5.5.] Owner and Design-Builder agree that the maximum ag gregate liability Design-Builder has for any liquidated damages that may be assessed under this Agreement shall be _______________________ Dollars ($_________). NOT USED
5.6 Early Completion Bonus. If Substantial Completi on for Task 2 is attained on or before Five(5) days, March 18, 206 before the Scheduled Substantial Com pletion Date for Task 2 (the “Bonus Date”), Owner shall pay Design-Builder at the time of Final Payme nt under Section 7.4 hereof an early completion bon us of One-thousand Five Hundred Dollars ($1,500) for each day that Substantial Completion is attained earlier than the Bonus Date. (If a GMP is not established upon execution of this Agreement, the parties should consider setting the early completion bonus after GMP negotiations. If a n early completion bonus is applicable to any dates set forth in Section 5.2.2 or
5.2.3 hereof, this Section 5.6 will need to be modified accordingly.)
[The Parties may also desire to cap the early completion bonus payable under Section 5.6 in which case the following language sh ould be included.]
Owner and Design-Builder agree that the maximum a ggregate amount that Design-Builder shall receive as the early Completion Bonus is Dollars ($ ). NOT USED
[The Parties may also desire to modify Section 8.2. 2 of the General Conditions of Contract relative to compensability of delays that would cause the Co ntract Time(s) to be extended. In such case, the following option can be used.]
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In addition to Design-Builder’s right to a time ex tension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design-Builder s hall be entitled to an increase in the Contract Pri ce providing that: (i) said events must exceed cum ulative days before Design-Builder is entitled to additional compensation; and (ii) said additional compensation shall be limited to: NOT USED
[Check one box only.]
$ dollars a day for each day work is delayed beyond the Scheduled Substantial Completion Date. NOT USED
or
the direct costs and expenses Design-Builder can d emonstrate it has reasonably actually incurred as a result of such event. NOT USED
5.7 Owner’s Review Time. The parties have establish ed the following maximum and minimum amount of time for Owner to review Design Submissions and the Project Schedule or any updates thereto unless the parties agree in writing otherwise.
5.7.1 Owner shall have the following timeframes to review the 60% submittal:
60% Submittal City Review Time
Task 1 - Batting Cage Two weeks
Task 2 - Clubhouse Three weeks
5.7.2 Owner shall have the following timeframes to review the 90% submittal:
90% Submittal City Review Time
Task 1 - Batting Cage Two Weeks
Task 2 - Clubhouse Three Weeks
Article 6
Contract Price
6.1 Contract Price.
6.1.1 For Phase 1 Services, Owner shall pay Design- Builder in accordance with Article 6 of the General Conditions and as follows:
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a) Design Services per the previously authorized d esign agreement dated November 6, 2024, and Contract Amendment No. 1, dated January 8, 2025 , for the Contract Lump Sum of Four- Hundred-Fifty-Five-Thousand-Dollars and no cents ($ 455,000.00); b) Procurement of long-lead items for the Not-To-Ex ceed sum of One-Million-Sixty-Five- Thousand-Dollars and no cents ($1,065,000.00); Any long-lead items are to be approved by the Owner prior to ordering them. Any amounts expen ded for long lead items shall be subtracted from the Proposal amounts to be submitte d per Section 6.2, below. c) For a total of One-Million-Five-Hundred-Twenty-T housand-Dollars and no cents ($1,520,000.00).
d) Total Payment will be subject to adjustments mad e in accordance with the General Conditions of Contract. Unless otherwise provided in the Contr act Documents, the Phase 1 Services compensation is deemed to include all sales, use, c onsumer and other taxes mandated by applicable Legal Requirements.
6.1.2 For Phase 2 Services, Owner shall pay Design- Builder in accordance with Article 6 of the General Conditions of Contract a contract price (“C ontract Price”) equal to the Lump Sum amount set forth in Section 6.2 hereof or in the Contract Price Amendment, or as set forth in the Contract Price Amendment and any adjustments made in accorda nce with the General Conditions of Contract.
6.1.3 For the specific Work set forth below, Owner agrees to pay Design-Builder, as part of the Contract Price, on the following basis:
(This is an optional section intended to provide the parties with flexibility to identify and price limited services.) NOT USED
6.2 Lump Sum. Owner shall pay Design-Builder in acc ordance with Article 6 of the General Conditions of Contract a Construction Lump Sum for Phase 2 Ser vices, per each Task as follows:
Task 1 – Batting Cage & Site Work: Lump Sum Fee of ___ TBD ____ Dollars ($ TBD ) (“Contract Price”) Task 2 – Clubhouse & Site Work: : Lump Sum Fee of ___ TBD ____ Dollars ($ TBD ) (“Contract Price”)
6.2.1 As stated in Section 1.3 of this Contract the Design-Builder shall prepare a Proposal for Task 1 and Task 2 of Phase 2 after near completion of the corresponding Phase 1 design. Each Proposal will be reviewed by Owner, and if approved , this Contract will be amended to list the approved price for each Task. Once approved the Contract Price for each Task will only be adjusted in accordance with the General Conditions of the Co ntract. Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements.
6.3 Payment for Extra Work/Markups for Changes. If Owner requests changes after the Proposal for each Task by the Design Builder has been accepted, then the Contract Price may require an adjustment due to changes in the Work, and the cost of such changes is determined under Section 9.4.1. of the General Conditions of Contract, payment shall be made as fo llows:
6.3.1 Payment for Extra Work
This section supersedes and replaces the extra work and force account markups specified in Section 9-5 “Payment for Extra Work” and related sections from the City of Visalia Engineering Standard Specifications. The markups listed in this section shall be used for all lump sum, fixed fee, force ac count, or similar type change orders for items of work in the Phase 2 services that are requested by the Owne r as modifications or extra items that were not inclu ded in the design accepted by the Owner after completion of Phase 1, but are not considered neces sary for the completion of the approved design.
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The Owner may order extra work or make changes by a ltering, adding to, or deducting from the Work for Phase 2 Services, via Change Order. Additionally, new and unforeseen work will be classified as extra work when such work cannot be covered by any of the various items or combination of items that would be necessary to complete the design accepted by the Owner after completion of Phase 1. Foreseeable work required to complete the items in each approve d Task shall not be considered Extra Work.
All Change Order work shall be performed under the same terms and conditions of the original description of the Work, except for any extension o f completion times necessitated by said Change Order(s). Certified payrolls shall be submitted wit h each billing for extra work.
The Contract Price, or amount due to the Design-Bui lder will only be reduced/increased after the Chang e Order has been reviewed and authorized by the City of Visalia Change Order Committee. Design-Builder shall provide all supporting documentation needed f or a complete change order request package.
The value of any additional work ordered by the Own er shall be determined as follows:
A. By unit prices in the Construction Services Agre ement or the Contract; or B. By estimate and acceptance in a lump sum; or
C. By a fixed fee; or
D. By force account.
The Design-Builder shall do no extra work for Phase 2 Services except upon written order from the Owner. For such extra work for Phase 2 services th e Design-Builder shall receive payment as previousl y agreed upon in writing, or Design-Builder shall be paid on force account. In any emergency affecting the safety of persons or property, the Design-Builder s hall act, at his discretion, to prevent threatened damage, injury or loss to life and/or property. Th e Design-Builder shall immediately notify the Owne r of any work performed under this provision. Any addit ional compensation or extension of time claimed by the Design-Builder on account of emergency work sh all be reviewed and determined as provided in this section.
A. Materials: Material payment is full compensation for materials the Design-Builder furnishes and
uses in the work for Phase 2 services. Owner reserv es the right to furnish such materials required as it deems expedient and the Design-Builder shall have no claim for profit or other overhead on the cost of such materials. The Owner determines th e cost based on the material purchase price, including delivery charges, except:
a. Fifteen percent (15%) markup is added
b. Supplier discounts are subtracted whether the Design-Builder took them or not c. If the Owner believes the material purchase pric es are excessive, the City pays the lowest current wholesale price for a similar material quan tity d. If the Design-Builder procured the materials from a source the Design-Builder wholly or partially owns, the determined cost is based on the lower of the:
i. Price paid by the purchaser for similar material s from that source on Contract items ii. Current wholesale price for those materials
e. If the Design-Builder does not submit a material cost record within 30 da ys of billing, the determined cost is based on the lowest wholesale pr ice:
i. During that period
ii. In the quantities used
B. Equipment: For all equipment that is necessary, the Design-Builder shall receive the current prices in the locality which shall have been previously de termined and agreed to in writing by the Owner 188
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and by the Design-Builder , plus fifteen percent (15%). The current State Labor Surcharge and Equipment Rental rates book shall be used to resolv e any equipment rental rate disagreements. a. Equipment rental rates includes the cost of:
i. Fuel, Oil, Lubrication, Supplies, Small tools, n ecessary attachments, repairs and maintenance, depreciation, storage, insurance, and other incidentals. ii. The City does not pay for small tools consumed by use. This is considered included in the markup rate.
b. If the work is being done by Force Account, the Owner will only pay for the hours the equipment is operating on the Extra Work item.
c. The Owner shall direct the Design-Builder to use the equipment factors listed in the current State Labor Surcharge and Equipment Rental Rates bo ok to determine the compensation amount as the Owner deems appropriate.
C. Labor: For all labor that is necessary, the Design-Builder shall receive the actual amount paid for labor including benefits (health and welfare, pensi on, vacation, training, other state and federally recognized fringe benefit payments) as shown on cer tified payrolls or the current prices in the locality which shall have been previously determined and agreed to in writing by the Owner and the Design-Builder , whichever is less, plus thirty-five percent (35%) . The 35% markup consists of payment for all costs of bonds, insurance, overhead and profit for the work, described further as follows:
a. Owner does not allow a labor surcharge markup so this 35% markup includes compensation for the following: worker’s compensati on insurance, social security, Medicare, Federal unemployment insurance, State une mployment insurance, State training taxes, and other similar items.
b. The 35% markup also consists of payment for all overhead costs related to labor but not designated as costs of the labor used in the direct performance of the work, including:
i. Home office overhead
ii. Field office overhead
iii. Bond costs
iv. Profit
v. Labor liability insurance
vi. Other fixed or administrative costs that are no t costs of the labor used in the direct performance of the work.
c. Owner does not pay for labor travelling to or fr om the jobsite.
D. For all extra work performed by a first-tier sub contractor Design-Builder shall receive actual cost of the work plus ten percent (10%) . For all extra work performed by second-tier subcontractor, the first-tier subcontractor shall receive the actual c ost of the second-tier subcontractor work plus five percent (5%) . The total maximum markup between the Design-Builder and all lower tier subcontractors shall not exceed twenty percent (20%) regardless of how many lower tier subcontractors are included in the change order. These markups consist of payment for the cost of bonds, insurance, overhead and profit for the work. Likewise, for subcontracted work deleted from the contract, the Design-Builder shall provide an additional ten percent (10%) perce nt or five percent (5%) percent credit respectively for all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.
E. For work deleted from the contract, the Design-Builder shall provide an additional fifteen percent (15%) credit on all materials, labor, and equipment. Thi s shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.
Markups on any subcontractor change order or extra work shall not exceed the markups in this section. 189
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All extra work and/or force account work shall be d ocumented daily upon report sheets prepared and furnished by the Design-Builder, and signed by the Design-Builder and the Owner, which daily reports shall thereafter be considered the true record of e xtra work or force account work done. The Design- Builder shall be responsible for providing full lab or, equipment, and materials breakdowns for approva l on all change orders and extra work.
Daily reports shall be submitted no later than the second working day following the work for labor and equipment involved and no later than the fifth work ing day for material invoices and specialized force s.
Unless otherwise permitted by the Owner, no payment will be made for extra work if it has not been reported within the time and in the manner specified.
6.4 Design-Builder’s Fee.
NOT USED
6.4.1 Design-Builder’s Fee shall be:
[Choose one of the following.]
Dollars ($ ), as adjusted in accordance wit h
Section 6.4.2 below.
or
percent ( %) of the Cost of the Work, as
adjusted in accordance with Section 6.4.2 below.
6.4.2 Design-Builder’s Fee will be adjusted as foll ows for any changes in the Work:
6.4.2.1 For additive Change Orders, including addit ive Change Orders arising from both additive and deductive items, it is agreed that Des ign-Builder shall receive a Fee of percent ( %) of the addition al Costs of the Work incurred for that Change Order, plus any other mark ups set forth at Exhibit hereto.
6.4.2.2 For deductive Change Orders, including dedu ctive Change Orders arising from both additive and deductive items, the deductive am ounts shall include:
[Check one box only.]
No additional reduction to account for Design-Build er’s Fee or any other markup.
or
An amount equal to the sum of: (a) _______________ __ percent ( __%) applied to the direct costs of the net reduct ion (which amount will account for a reduction associated with Design-Buil der’s Fee); plus (b) any other markups set forth at Exhibit __ hereto applied to t he direct costs of the net reduction.
6.5 Cost of the Work.
6.5.1 The term Cost of the Work shall mean costs re asonably incurred by Design-Builder in the proper performance of the Work. The Cost of the Wor k shall include only the following:
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6.5.1.1 Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner’s agreement, at locations off the Site, provided, however, that the costs for those employees of Design-Builder performing design services shall be calculated on the basis of prevailing market rates for design profess ionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement.
6.5.1.2 Wages or salaries of Design-Builder’s super visory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off- Site to assist in the production or transportation of material and equipment necessary for the Work.
6.5.1.3 Wages or salaries of Design-Builder’s pers onnel stationed at Design-Builder’s principal or branch offices, but only to the extent said personnel are identified in Exhibit ____ and performing the function set forth in said Exhibit. The reimbursable costs of personnel stationed at Design-Builder’s principal or branch offices shall include a _____ percent (____%) markup to compensate Design-Builder for the Project-related overhead associated with such personnel.
6.5.1.4 Costs incurred by Design-Builder for employ ee benefits, premiums, taxes, insurance, contributions and assessments required b y law, collective bargaining agreements, or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Sections
6.5.1.1 through 6.5.1.3 hereof.
[In lieu of the language in Section 6.5.1.4 above, Design-Builder and Owner may want to include the following language.]
A multiplier of percent ( %) shall be applied to the wages and salaries of the employees of Design-Builder covered under Sections 6.5.1.1 through 6.5.3.3 hereof. NOT USED
6.5.1.5 The reasonable portion of the cost of trave l, accommodations and meals for Design-Builder’s personnel necessarily and directly incurred in connection with the performance of the Work.
6.5.1.6 Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work , including any insurance and bond premiums incurred by Subcontractors and Design Cons ultants.
6.5.1.7 Costs incurred by Design-Builder in repairi ng or correcting defective, damaged or nonconforming Work (including any warranty or co rrective Work performed after Substantial Completion), provided that such Work wa s beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by o r through Design-Builder. If the costs associated with such Work are recoverable from insu rance, Subcontractors or Design Consultants, Design-Builder shall exercise best eff orts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained.
6.5.1.8 Costs, including transportation, inspection , testing, storage, and handling of materials, equipment, and supplies incorporated or reasonably used in completing the Work.
6.5.1.9 Costs less salvage value of materials, supp lies, temporary facilities, machinery, equipment and hand tools not customarily owned by t he workers that are not fully consumed in the performance of the Work and which r emain the property of Design- Builder, including the costs of transporting, inspe cting, testing, handling, installing, maintaining, dismantling, and removing such items.
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6.5.1.10 Costs of removal of debris and waste from the Site.
6.5.1.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charg es, telephone service, photocopying, and reasonable petty cash expenses.
6.5.1.12 Rental charges and the costs of transporta tion, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work.
6.5.1.13 Premiums for insurance and bonds required by this Agreement or the performance of the Work.
6.5.1.14 All fuel and utility costs incurred in the performance of the Work.
6.5.1.15 Sales, use, or similar taxes, tariffs, or duties incurred in the performance of the Work.
6.5.1.16 Legal costs, court costs, and costs of med iation and arbitration reasonably arising from Design-Builder’s performance of the Wo rk, provided such costs do not arise from disputes between Owner and Design-Builder.
6.5.1.17 Costs for permits, royalties, licenses, te sts and inspections incurred by Design- Builder as a requirement of the Contract Documents.
6.5.1.18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from suc h suits or claims, and paying settlements made with Owner’s consent.
6.5.1.19 Deposits which are lost, except to the ext ent caused by Design-Builder’s negligence.
6.5.1.20 Costs incurred in preventing damage, injur y, or loss in case of an emergency affecting the safety of persons and property.
6.5.1.21 Accounting and data processing costs relat ed to the Work.
6.5.1.22 Other costs reasonably and properly incurr ed in the performance of the Work to the extent approved in writing by Owner.
[Design-Builder and Owner may want to consider addi ng the following Section
6.5.1.23 to address the payment of warranty work.]
6.5.1.23 Owner and Design-Builder agree that an e scrow account in the amount of Dollars ($ ) shall be established prior t o
Final Completion, which escrow shall be used to reimburse Design-Builder for the Costs of the Work incurred after Final Completion to perform warranty Work. The escrow agreement will provide that any sums not used at the expiration of the warranty period shall be returned to Owner, subject to any savings Design-Builder may be entitled to under this Agreement.
In the event the warranty escrow account is exhaust ed, but funds remain under the GMP, Owner shall be obligated to pay Design-Builder the Costs of the Work incurred after Final Completion to perform warranty Work up to the GMP. NOT USED 192
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6.5.2 Non-Reimbursable Costs. The following shall b e excluded from the Cost of the Work:
6.5.2.1 Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Sections 6.5.1.1, 6.5.1.2, and 6.5.1.3 hereof.
6.5.2.2 Overhead and general expenses, except as pr ovided for in Section 6.5.1 hereof, or which may be recoverable for changes to the Work .
6.5.2.3 The cost of Design-Builder’s capital used i n the performance of the Work.
6.5.2.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded.
[The parties shall comply with the following Section 6.6 based upon whether the GMP is agreed upon before the execution of this Agr eement or will be developed and agreed upon after execution of this Agreement. If the parties do not use a GMP, this Section 6.5 shall be deemed inapplicable and compensation to Design- Builder shall be based on those fees and costs iden tified in the balance of this Article 6.]
6.6 The Guaranteed Maximum Price. NOT USED
6.6.1 Design-Builder guarantees that it shall not e xceed the GMP of - ______ Dollars ($ ). Documents used as a basis for the GMP shall be i dentified in the Contract Price Amendment to this Agreement. Des ign-Builder does not guarantee any specific line item provided as part of the GMP and has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design-Builder agrees, however, that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. (While the Contract Price Amendment will be developed in advance or concurrently with the execution of this Agreement, it is recommended that such exhibit include the items set forth in Section 1.3 above, to ensure that the basis for the GMP is well understood).
[In lieu of 6.6.1, Owner and Design-Builder may wan t to include the following language.]
Design-Builder guarantees that it shall not exceed the GMP of Dollars ($ ). Documents used as basis for the GMP shall be i dentified as the Contract Price Amendment to this Agreement. Design-Builder does not guarantee any specific line item provided as part of the GMP, provided, however , that it does guarantee the line item for its general project management and general conditions c osts, in the amount of Dollars ($ ), and as set forth in the Contract Price Amendment (“General Conditions Cap”). Design-Builder agrees that it will be responsible for paying the applicable general conditions costs in excess of the General Conditions Cap, as well as be responsible for all costs of completing the Work which exceed the GMP, as said g eneral conditions line item and the GMP may be adjusted in accordance with the Contract Doc uments, including but not limited to the markups for Change Orders set forth in Section 6.3 herein.
6.6.2 The GMP includes a Contingency in the amount of
Dollars ($ ) which is available for Design-Builder’s exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materia ls; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, how ever caused; (e) Subcontractor defaults; or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increa se in the Contract Price. The Contingency is not available to Owner for any reason, including changes in scope or any other item which would enable 193
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Design-Builder to increase the GMP under the Contra ct Documents. Design-Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2. 1.2 of the General Conditions of Contract an accounting of the Contingency, including all reason ably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Desig n-Builder agrees that with respect to any expenditure from the Contingency relating to a Subc ontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Sub contractor and/or recovery from any surety or insurance company. Design-Builder agrees that if Design-Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency.
6.6.3 Savings.
6.6.3.1 If the sum of the actual Cost of the Work a nd Design-Builder’s Fee (and, if applicable, any prices established under Section 6. 1.3 hereof) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference (“Savings”) shall be shared as follows:
[Choose one of the following.]
percent ( %) to Design-Builde r and
percent ( %) to Owner .
or
The first Dollars ($ ) of Savings shall be provided to (choose either Design-Builder or Owner) , with the balance of Savings, if any, shared percent ( %) to Design-Builder and percent ( %) to Owner.
6.6.3.2 Savings shall be calculated and paid as par t of Final Payment under Section 7.4 hereof, with the understanding that to the extent D esign-Builder incurs costs after Final Completion which would have been payable to Design- Builder as a Cost of the Work, the parties shall recalculate the Savings in light of t he costs so incurred, and Design-Builder shall be paid by Owner accordingly.
6.7 Allowance Items and Allowance Values. NOT USED
6.7.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the Contract Price Amendment or the Proposal.
6.7.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then a vailable to determine that the Allowance Values constitute reasonable estimates for the Allo wance Items. Design-Builder and Owner will continue working closely together during the prepar ation of the design to develop Construction Documents consistent with the Allowance Values. Not hing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
6.7.3 No work shall be performed on any Allowance I tem without Design-Builder first obtaining in writing advanced authorization to proceed from O wner. Owner agrees that if Design-Builder is not provided written authorization to proceed by th e date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price.
6.7.4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation, taxes, and insurance associated with the applicable Allowance Item. All other costs, including 194
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design fees, Design-Builder’s overall project manag ement and general conditions costs, overhead and Fee, are deemed to be included in the original Contract Price, and are not subject to adjustment notwithstanding the actual amount of the Allowance Item.
[Alternatively, the parties may want to delete Section 6.7.4 and add the following provision.]
In the event the actual direct cost of labor, mat erials, equipment, transportation, taxes, and insurance associated with the applicable Allowance Item is percent ( %) greater than or l ess than the Allowance Value, Design-Builder and Owner agree that Design-Builder’s right to Fee and markup shall be determined in accordance with Section 6.4.
6.7.5 Whenever the actual costs for an Allowance It em is more than or less than the stated Allowance Value, the Contract Price shall be adjust ed accordingly by Change Order, subject to Section 6.7.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allow ance Item and the Allowance Value.
6.8 Performance Incentives.
NOT USED
6.8.1 Owner and Design-Builder have agreed to the p erformance incentive arrangements set forth in Exhibit .
(The parties are encouraged to discuss and agree upon performance incentives that will influence project success. These incentives may consist of Award Fees, incentives for safety, personnel retention, client satisfaction, and similar items.)
Article 7
Procedure for Payment
7.1 Payment for Preliminary Services. Design-Builde r and Owner agree upon the following method for partial and final payment to Design-Builder for the services hereunder: (Insert terms.)
7.2 Contract Price Progress Payments.
PAYMENT SHALL BE MADE IN ACCORDANCE WITH SECTION 9, MEASUREMENT & PAYMENT OF THE CITY OF VISALIA ENGINEERING STANDARD SPECIFICAT IONS.
7.2.1 Design-Builder shall submit to Owner on the _ ____ twentieth ____________ (__ 20th ___) day of each month, beginning with the first month a fter the Date of Commencement, Design- Builder’s Application for Payment in accordance wit h Article 6 of the General Conditions of Contract.
7.2.2 Owner shall make payment within thirty (30) d ays after Owner’s receipt of each properly submitted and accurate Application for Payment in a ccordance with Article 6 of the General Conditions of Contract, but in each case less the t otal of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract.
7.2.3 If Design-Builder’s Fee under Section 6.4 her eof is a fixed amount, the amount of Design- Builder’s Fee to be included in Design-Builder’s mo nthly Application for Payment and paid by Owner shall be proportional to the percentage of th e Work completed, less payments previously made on account of Design-Builder’s Fee.
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7.3 Retainage on Progress Payments.
[For public projects, Design-Builder and Owner may want to consider substituting the following retainage provision.]
Owner will retain five percent ( 5 %) from De sign- Builder’s Applications for Payment pursuant to appl icable state law.
Final Acceptance of the entire Work will require an Action by the Visalia City Council. The city will file a Notice of Completion for recording by the Tu lare County Recorder’s Office after Final Acceptance by the City Council.
[If Owner and Design-Builder have established a war ranty reserve pursuant to Section
6.5.1.23 above, the following provision should be included.]
If a warranty reserve has been established pursua nt to Section 6.5.1.23 above, Owner shall at the time of Substantial Completion retain the agreed-upon amounts and establish an escrow account as contemplated by Section 6.5.1.23 above. NOT USED
7.4 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditio ns of Contract. Final Payment will be subject to th e City Council authorizing the recording of the Notic e of Completion for the project. Design-Builder may submit the Final Application for Payment upon the p assing of thirty-five days after the filing of the Notice of Completion without claims . Owner shall make payment on Design-Builder’s prop erly submitted and accurate Final Application for Payment as per the f ollowing section of the City of Visalia Engineering Standard Specifications:
Section 9-12 Final Progress Payment:
Provided no notices of potential claim, proposed ch ange orders, or claims are pending under Section 4-12, “Notices, Change Orders, and Claims,” the Engineer shall, after the completion of the Contract, make a final estimate of the amount o f work done thereunder and the value of such work; and the City shall pay the entire sum so foun d to be due after deducting the retention amount from the final estimate, or other amounts as provided in Section 9-6, “Partial (Progress) Payments and Retentions” and Section 9-9, “Stop Not ices; City’s Right To Withhold Payments,” to be retained following completion of the work.
If a notice of potential claim, proposed change ord er, or claim is pending under Section 4-12, “Notices, Change Orders, and Claims,” and is not re solved in time necessary for the processing of the final monthly progress payment as provided in t he above paragraph, the Engineer shall cause a semi-final estimate to be prepared, and the Contr actor shall be paid any amounts due less any retentions as provided in Section 9-6, “Partial (`Progress’) Payments and Retentions, ” and Section 9-9, “Stop Notices; City’s Right to Withhold Paymen ts.” Upon resolution of the procedures under said Section 4-12, a final estimate will be prepared as above provided, and a final progress payment shall be made.
Section 9-13, Final Payment to Release Owner
The acceptance, without notice of potential claim, by the Contractor of the final payment shall be and shall operate as a release to the Owner (City) of all claims and all liability to the Contractor for all things done or performed for or relating to the work and for every act and neglect of the City and others relating to or arising out of the work, excepting only the Contractor's claims, if any, for amounts withheld by the City, upon final payment. However, no payment, final or otherwise, shall operate to release the Contractor or his sureties f rom any obligation upon or under this Contract or the Contractor's bond.
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Section 9-14 Payment of Retention
Retention shall be released at the latest sixty (60) days after the occurrence of any of the definitions of “Completion” for purposes of Public Contract Code Section 7107 (see definitions of “Completion” in Section 1-3.17B). Any final payment and release of retentions will exclude any amounts withheld in conformance with Section 9-9, “Stop Notices; Rig hts of the City to Withhold Payments,” and Public Contract Code section 7107. When specified in the Contract Specifications, certain portions of the amount retained pursuant to Section 9-6, “Pa rtial (‘Progress’) Payments and Retentions,” may be withheld until the satisfactory completion of the maintenance period specified in the City of Visalia Landscape Standards and Specifications for work pertaining to the installation of landscaping and irrigation facilities.
7.5 Interest. Payments due and unpaid by Owner to D esign-Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the rate of ____ percent ( %) per month until paid. NOT USED
7.6 Record Keeping and Finance Controls. Design-Bui lder acknowledges that this Agreement is to be administered on an “open book” arrangement relative to Costs of the Work. Design-Builder shall keep fu ll and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and a s may be provided in the Contract Documents. During t he performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner’s ac countants shall be afforded access to, and the righ t to audit from time to time, upon reasonable notice, Design-Builder’s records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda, and other data relating to the Work, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment. Such inspecti on shall take place at Design-Builder’s offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or mar kups agreed to by Owner and Design-Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, but the composition of such multiplier or markup is not subject to aud it.
Any lump sum agreed to by Owner and Design-Builder as part of this Agreement is not subject to audit.
Article 8
Termination for Convenience
8.1 If Design-Builder is terminated for convenience pursuant to Section 11.6 of the General Conditions of Contract, and the parties have agreed to a payme nt to Design-Builder in the case of such terminatio n of convenience, Owner shall pay Design-Builder for the following in addition to the amount set forth in Section
11.6.1 of the General Conditions of Contract: NOT USED
[Choose one of the following.]
The fair and reasonable sums for overhead and profit on the sum of items as set forth in Section
11.6.1 of the General Conditions of Contract.
or
Overhead and profit in the amount of percent ( %) on the sum of items set forth in Section 11.6.1 of the General Conditions of Contract.
8.2 In addition to the amounts set forth in Section 8.1 above and Section 11.6.1 of the General Conditions of Contract, Design-Builder shall be ent itled to receive one of the following if the partie s agree to an additional payment: NOT USED
8.2.1 If Owner terminates this Agreement prior to c ommencement of construction, Design- Builder shall be paid percent ( %) of the rema ining balance of 197
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the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price.
8.2.2 If Owner terminates this Agreement after comm encement of construction, Design-Builder shall be paid percent ( %) of the remaining ba lance of the Contract Price or, if a GMP has not been establishe d, the remaining balance of the most recent estimated Contract Price.
[The following Article 9 should only be used if Owner and Design-Builder agree to establish their respective representatives at the time the Agreemen t is executed rather than during the performance of the Project.]
Article 9
Representatives of the Parties
9.1 Owner’s Representatives.
9.1.1 Owner designates the individual listed below as its Senior Representative (“Owner’s Senior Representative”), which individual has the authorit y and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Condit ions of Contract: (Identify individual’s name, title, address, and telephone numbers.)
Christopher Crawford, City Engineer
City of Visalia
315 E. Acequia Ave., Visalia CA 93291
(559) 713-4331
9.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual’s name, title, addre ss, and telephone numbers.) Rebecca Keenan, Sr. Civil Engineer
City of Visalia
315 E. Acequia Ave., Visalia, CA 93291
(559) 713-4541
9.2 Design-Builder’s Representatives.
9.2.1 Design-Builder designates the individual list ed below as its Senior Representative (“Design-Builder’s Senior Representative”), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2. 3 of the General Conditions of Contract:
(Identify individual’s name, title, address, and te lephone numbers.) Matt Ainley, P.E., CEO, RMO, Principal Civil Engine er
4CGlobal, Inc, dba 4Creeks Build.
324 S. Santa Fe St., Visalia, CA 93292
(559) 802-3052
9.2.2 Design-Builder designates the individual(s) l isted below as its Design-Builder’s Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify indiv idual’s name, title, address, and telephone numbers.)
Will Ruoff, Architect
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4Creeks, Inc dba 4Creeks Design.
324 S. Santa Fe St., Visalia CA 93292
(559) 802-3052
Alec Grassel
4CGlobal, Inc dba 4Creeks Build.
324 S. Santa Fe St., Visalia CA 93292
(559) 802-3052
Article 10
Bonds and Insurance
10.1 Insurance. Design-Builder and Owner shall proc ure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contra ct.
10.2 Bonds and Other Performance Security. Design-B uilder shall provide the following performance bond and labor and material payment bond or other p erformance security:
Performance Bond.
(Check one box only. If no box is checked, then no bond is required.)
Required Not Required
Design-Builder is required to furnish a Performance Bond for 100% of the contract price of Phase 2 of the Work, guaranteeing the faithful performanc e thereof.
Payment Bond.
[Check one box only. If no box is checked, then no bond is required.]
Required Not Required
Design-Builder is required to furnish a Payment Bon d for 100% of the Contract Price (Civil Code 9554) of Phase 2 of the Work, to secure the payment of claims of laborers, mechanics, materialmen and other persons named in Civil Code Section 9100, or amounts due under the California Unemployment Insurance Code with respect to work or labor performed by such cla imant, or any amounts required to be deducted, withheld, and paid pursuant to the California Revenue and Taxation Code for the wages of employees of the Des ign-Builder and his subcontractors, if the Contract Price is increased then a revised Performa nce Bond to match the revised Contract Price is required unless Owner agrees not to require a re vision to the Performance Bond.
Other Performance Security: Maintenance Bond
[Check one box only. If no box is checked, then no other performance security is required.
If the “Required” box is checked, identify below th e specific performance security that is being required and all salient commercial terms ass ociated with that security.]
Required Not Required
Design-Builder is required to furnish a Maintenance Bond for 10% of the contract price of Phase 2, guaranteeing the correction of deficiencies during the specified maintenance period of one (1) year from the date the Notice of Completion for work performed under said contract has been recorded.
If the Contract Price is increased then a revised M aintenance Bond to match the revised Contract Price is required unless Owner agrees not to requir e a revision to the Maintenance Bond. 199
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Article 11
Other Provisions
11.1 Other provisions, if any, are as follows:
11.1.1 Third Party Beneficiaries: DESIGN-BUILDER and OWNER acknowledge that this agreement is part of the Recreation Park Project involving improvements agreed upon between the OWNER and current stadium tenant, First Pitch Enter tainment, LLC, (hereinafter referred to as “FPE”). FPE shall be considered to be a third-party beneficiary to this Agreement. Except as stated herein, this Agreement is for the sole benefit of t he Parties hereto and is not intended to confer rights upon any other third party.
11.1.2 Subcontractors:
Design Builder acknowledges that all identified sub contractors listed in the Design Builder’s proposal will be afforded all protections of Public Contract Code sections 4100-4114. Following award and under this Agreement, the Design Builder shall proceed as follows in awarding construction subcontracts with a value exceeding on e half of 1 percent of the Contract Price allocable to construction work:
a) Provide public notice of availability of work to be subcontracted in accordance with the City publication requirements for competitive bidding, i ncluding a fixed date and time that qualifications statements, bids, or proposals will be due; and
b) Establish reasonable qualification criteria and standards; and
c) Award the subcontract either on a best value bas is or to the lowest responsible bidder. The process may include prequalification or short-listi ng. This process does not apply to construction subcontractors in the original proposa l. Subcontractors awarded construction subcontracts under this process shall be afforded a ll the protections of Public Contract Code sections 4100-4114.
Design builder acknowledges that it shall be solely responsible for providing City with a complete and updated list of subcontractors as they become k nown on the Project.
11.1.3 Independent Contractor:
Design Builder is, and shall be at all times, in th e performance of this Agreement acting as an independent contractor. This Agreement is not inten ded, and shall not be construed, to create the relationship of agent, servant employee, partnershi p, joint venture or association as between Design Builder and City. Design Builder shall secure at its expense and be responsible for any and all payment of all taxes, social security, state di sability insurance compensation, unemployment compensation and other payroll deductions for Desig n Builder and its officers, agents and employees and all business licenses, if any, in con nection with the services to be performed hereunder.
11.1.4 City Employees and Officials:
Design Builder shall employ no City official nor an y regular City employee in the Work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of applicable provisions of law.
11.1.5 Department of Industrial Relations Registration:
Strict compliance with all Department of Industrial Relations (“DIR”) registration requirements in accordance with Labor Code §§ 1725.5 and 1771.1 is a material obligation of Design Builder and all of its Subcontractors (of any tier) under the Contract Documents. The foregoing includes, without limitation, compliance with DIR registration requir ements at all times during performance of the Work by Design Builder and all of its Subcontractor s of any tier. Design Builder shall provide 200
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certification of registration and registration numb er to City before a Subcontractor will be allowed to work on the Project. The failure of Design Builder and its Subcontractors of any tier to be properly registered with DIR at all times during performance of the Work is a material breach of the Contract and grounds for termination for cause. An affirmati ve and ongoing obligation of Design Builder under the Contract Documents is the verification th at all Subcontractors of any tier are at all times during performance of the Work in full and strict compliance with the DIR registration requirements.
Design Builder shall not permit or allow any Subcon tractor of any tier to perform any Work without Design Builder’s verification that all Subcontracto rs are in full and strict compliance with the DIR registration requirements. Any Subcontractor not pr operly registered with DIR shall be substituted in accordance with Labor Code § 1771.1. Design Builder or its Subcontractors shall not be entitled to any additional costs or time arising from or in any way related to compliance with the DIR registration requirements.
11.1.6 Equal Employment Opportunity:
During performance of the Contract, Deign Builder will not discriminate against any person or group of persons on account of race, color, religion, cre ed, national origin, ancestry, physical handicap, medical condition, age, marital status, sex or sexual orientation. Design Builder confirms that it has an equal opportunity policy ensuring equal employme nt opportunity without regard to race, color, national origin, sex, age, religion or handicap; an d that it maintains no employee facilities segregated on the basis of race, color, religion or national origin.
11.1.7 Warranties by Design Builder:
Design Builder has and throughout the term of the C ontract shall maintain all required authority, license status, professional ability, skills and ca pacity to perform Design Builder’s obligations hereunder and shall perform them in accordance with the requirements contained in the Contract Documents. Design Builder has visited the Site and has reasonably examined the nature and extent of the Work, Site, locality, impact(s) to adjoining private property, actual conditions, as-built conditions, and all local and federal, state and lo cal laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the design and/or the means, methods, techniques, sequences or procedures of construction to be employed by Design Builder and safety precautions and progra ms incident thereto. Design Builder has reasonably examined all reports of exploration and tests of subsurface conditions, as-built drawings, other drawings or reports, available for design and construction purposes, of physical conditions, or which may be apparent at the Site an d accepts the criteria set forth in these documents and the General Conditions to the extent of the information contained in these documents upon which Design Builder is entitled to rely. Design Builder agrees that except for the information so identified, Design Builder does not and shall not rely on any other information contained in these documents. After contract award , Design Builder, will conduct or obtain any additional examinations, investigations, exploratio ns, tests, reports and studies, including but not limited to geotechnical investigations, upon which the design will be based, that pertain to the surface and subsurface conditions, as-built conditions, underground facilities and all other physical conditions at or contiguous to the Site as Design B uilder considers necessary for the performance or furnishing of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Document s.
11.1.8 Services Provided:
All design and engineering services furnished by De sign Builder shall be performed by or under the supervision of persons licensed to practice arc hitecture, engineering or surveying (as applicable) in the State of California, by personne l who are skilled, experienced and competent in their respective trades or professions, who are pro fessionally qualified to perform the Work in accordance with the Contract Documents and who shal l have professional responsibility for the accuracy and completeness of the design documents a nd construction documents prepared or checked by them.
11.1.9 Warranty:
Design-Builder warrants to City that: (i)materials and equipment furnished will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work will be of 201
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good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Design-Builder will deliver a P roject free of stop payment notice claims. Work not conforming to these requirements shall be deeme d defective. Design-Builder's warranty excludes improper or insufficient maintenance, impr oper operation, or normal wear and tear and normal usage. If required by City, Design-Builder s hall furnish satisfactory evidence as to the kind and quality of materials and equipment.
11.2 Listing of Exhibits and documents incorporated herein:
A. Previously authorized design agreement dated Nov ember 6, 2024, and Contract Amendment No. 1, dated January 8, 2025.
B. Long-lead items
C. Contract Price Amendment (incorporated as part o f Phase 2) D. General Conditions (incorporated as part of Phas e 2) E. Special Conditions (incorporated as part of Phas e 2) F. Disclosure Statements
G. Insurance Requirements
H. City of Visalia Labor Compliance Manual
I. City of Visalia Engineering Standard Specificati ons dated August 5, 2013 J. Labor Prevailing Wage Rates (incorporated as par t of Phase 2) K. Subcontractor List with DIR registration numbers
L. Payment Bond
M. Performance Bond
N. Maintenance Bond
O. Workers Compensation Insurance
P. Contractor’s Affidavit
Q.
[In lieu of Sections 10.3.1 through 10.3.3 of the General Conditions of Contract, the Parties may want to delete such sections and include the following alternative disputes proceeding clause.]
Any claims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not be en resolved in accordance with the procedures set forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent jurisdiction in the state in which the Project is l ocated. NOT USED
[Section 2.9.1 of the General Conditions of Contrac t contains an option for the parties to establish a limited time frame for the Design-Builder’s warranty. If the parties agree to such a limited time frame, the parties may insert it below.] The parties have agreed to limit the time frame th at Owner can make a claim pursuant to Section
2.9.1 of the General Conditions of Contract. Owner must make all claims pursuant to Section 2.9.1 of t he General Conditions of Contract within _____________ _____ years of the date of Final Completion of the Project. NOT USED
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Article 12- Not Used
Limitation of Liability
12.1 Limitation. To the fullest extent permitted by law, and notwithstanding any other provision of th is Agreement, the total liability, in the aggregate, o f Design-Builder, its Design Consultants, and Subcontractors, surety (if any) and their respectiv e officers, directors, employees, and agents, and a ny of them, to Owner and anyone claiming by, through, or under Owner, for any and all claims, losses, liabilities, costs, or damages whatsoever arising out of, result ing from, or in any way related to, the Project or this Agreement from any cause, including but not limited to the negligence, indemnity, professional errors or omissions, strict liability, breach of contract, or warranty (express or implied) shall not exceed Ten percent (10%) of the Contract Price. The parties agree that specific consideration has been given by Design-Builder for this limitation and that it is deemed adequate.
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In executing this Agreement, Owner and Design-Build er each individually represents that it has the necessary financial resources to fulfill its obliga tions under this Agreement, and each has the necess ary corporate approvals to execute this Agreement, and perform the services described herein.
CITY OF VISALIA
____________________________ _________
City Manager Date
DESIGN-BUILDER
_________________________________________
By: Authorized Agent Date
_________________________________________
Print Name, Title
APPROVED AS TO FORM:
____________________________ _________
City Attorney Date
____________________________ _________
Risk Manager Date
____________________________ _________
Project Manager Date
Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscur ed as may occur when documents are reproduced.
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© 2024 Design-Build Institute of America
The license for use of this document expires 1 year from the date of purchase.
To renew your license, visit store.dbia.org .
Questions? We’re here to help.
Contact us
Design-Build Institute of America
1001 Pennsylvania Ave. NW, Suite 410
Washington, DC 20004
(202) 682-0110
[email protected]
205
EXPANSION & REMODEL
OF CLUBHOUSE & BATTING CAGE
PRELIMINARY EXHIBITS
ATTACHMENT 3
206
207
208
209
210
211
212
213
January 21, 2025
Mr. Chris Crawford
City Engineer
Engineering & Building Department
City of Visalia
315 E. Acequia Ave
Visalia, CA 93291
RE: City of Visalia – Rawhide Stadium Remodel Project - Fee Proposal
Dear Chris,
Vanir is pleased to provide our proposal to provide Project & Construction Management and Constructability services for the City of Visalia – Rawhide Stadium Remodel Project. Below is our proposed services and fee.
Pre-Construction Phase Services
The project delivery method will be Design-Build.
Task #1 - Constructability & Coordination Plan Review: Experience has shown that the ability to reduce project costs is much greater early in the life of a project. Much of the opportunity is past once the contract is out for bid. Thus, technical plan review during the design phase is key to a successful project. Our review of the documents is designed to reduce errors, ambiguities, omissions, and conflicts prior to bid. Constructability reviews result in contractors using lower bid contingencies due to clearer bid documents, reduced change orders, fewer schedule impacts and are a key to claims avoidance. We will perform this service at either 90% or 100% CD’s (the City to decide) with a back check to be performed after all comments have been addressed.
VANIR is not responsible for providing, nor does VANIR control, the Project design or the contents of the design and construction documents. By performing the reviews described herein, VANIR is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project design and design and construction documents. VANIR’S actions in reviewing the Project design and design and construction documents and in making recommendations as provided herein are advisory only to the CITY.
The Engineer is not a third-party beneficiary of VANIR’S work described herein and the Engineer remains solely responsible for the contents of design drawings and design and construction documents. No warranty, either express or implied, is included or intended in this report.
Construction Phase Services (~ 14 months)
Vanir’s assistant construction manager will be responsible for field implementation and review of contract work along with administration of documents and will establish and implement the required procedures between the City, the design architect, and the contractor. Success during the construction phase depends on the establishment and implementation of proper project controls systems along with the establishment of positive working relationships.
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2 Task #1 – Document Control Procedures: Since this project’s delivery method is Design-Build, Vanir will assist in tracking of project documents including correspondence, submittals, request for information (RFI’s), architectural supplemental instructions (ASI’s), City directives, proposed change orders, change orders, payment requests, schedule updates and all other contractually required documents; and will file and log of said documents for potential issues.
Task #2 – Jobsite Meetings: Vanir’s team, in conjunction with the City, will attend regular virtual/jobsite/other progress meetings with the design-build-entity (DBE) to identify and resolve issues that may impact the progress of the project. Vanir will take notes for internal use only. Minutes provided by the DBE will be logged and filed.
Task #3 – Construction Observation (NOT Inspection – Inspection to be provided by the City):
Our assistant construction manager will observe the construction effort for the City on a regular basis and report any deviations, defects or deficiencies that are observed in the work. We will work with the DBE in the timely resolution of identified issues to minimize time and cost impacts. Vanir will check in with the City inspectors to keep them informed, document any issues, make sure contractor is in compliance with the contract documents along with holding them accountable any issues that may arise.
Task #4 – Construction Progress Review: On a monthly basis Vanir will review the progress of construction with the contractor, observe work in place, identify properly stored materials and evaluate the percentage complete of each construction activity as indicated in the construction schedule. This will serve as data for input to the monthly update report which will be prepared and distributed to all appropriate parties. This report will reflect the contractor’s contractual progress and will be the basis for the monthly progress payment to the contractor.
Task #5 – Construction Schedule Update Reviews: Vanir will work with City and the DBE to develop a comprehensive phasing plan within the master schedule to implement an acceptable baseline schedule and schedule of values. Vanir will review the monthly progress schedule and provide a report identifying areas of non-compliance and possible areas of schedule concern.
Vanir will enforce the schedule as the City has expressed there be no time extensions on this project.
Task #6 – Monthly Construction Payment Reports: Vanir will prepare and distribute the monthly construction payment reports which will be an integral function of the monthly schedule report. This report will reflect the total construction contract price, DBE’s payment to date, current payment requested, retainage and actual amounts owed for the current period.
Vanir will monitor prevailing wage reports on a monthly basis to make sure the contractor is submitting the necessary information to DIR.
Task #7 – Change Order Processing System: Vanir will assist in the established City’s change order processing system. All owner requested changes will first be set forth in a document acceptable to the City/VCM outlining in detail the change. A request for proposal will be transmitted to the DBE by Vanir and a detailed breakdown of cost and time will be prepared by both the DBE and Vanir prior to negotiation of the change order. Vanir will evaluate the DBE’s proposed cost and will make a formal recommendation regarding acceptance of the proposal for a change order. The City of Visalia will then review internally with their own Change Order 215
City of Visalia – Rawhide Stadium Remodel Project: CM Scope and Fees January 21, 2025
3 committee and provide comments for approval, rejection, or additional information needed.
Vanir will attend the change order committee meetings as needed to provide backup information the committee might need to assist in the decision.
Task #8 – Negotiation of Change Order Costs: Vanir, in conjunction with the City, will negotiate change order costs on behalf of the Owner. Vanir will advise the City of acceptability of price and time extension prior to the execution of any change order.
Task #9 – Claims Avoidance: Claims avoidance has the highest priority at Vanir, and we are proud of our record of performance in this area. Honest parties can have reasonable, justifiable disagreements over construction claims issues and still resolve these matters by maintaining a professional demeanor. Our team believes that disputes should be resolved at the earliest possible time and that they should be resolved fairly. When disputes do arise, our approach is to research the facts around the issue thoroughly, bring all parties involved to the table, discuss the matter and reach resolution. In our efforts to bring amicable resolution to disputes, we have used several alternative dispute resolution procedures such as Dispute Resolution Boards and Mediation.
Closeout Phase Services (~ 1 months)
Task #10 – Instruction Manuals & Training: Prior to the conclusion of construction, Vanir will work with the DBE to obtain all written material such as operations and maintenance manuals, warranties and guarantees for all equipment installed in the project. These will be transmitted by the DBE to the appropriate City staff for review prior to scheduling operations and maintenance training.
Task #11 – Record Documents: Vanir will perform coordination and expediting functions in connection with the DBE’s obligation to provide “record” documents. Although the transmittal of final record documents takes place at the end of the project it is imperative that this activity be monitored from the beginning of construction to assure accurate documents are available.
Task #12 - Systems Training: Training will be incorporated into the contract documents for maintenance operations and custody staff. We will assist in the coordination of training for the opening of a new institution.
Proposed Fee:
Total amount to be billed on a time and material basis, not-to-exceed $221,150.00, for services including the above items. Travel and office expenses for the duration of the project (noted above) are included in proposal. See attachments 1 – 2 for summary and breakdown of pre-construction and construction phase hours.
Telephone/virtual conferences are planned to be used to help reduce the need for travel. The start date for the above services is expected to be in February 2025, with construction commencing thereafter and closeout in April 2026.
Should you have any questions, please contact me @ (559) 647-5708.
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4 Sincerely,
Vanir Construction Management, Inc.
Roy Magdaleno, CCM, Assoc. DBIA
Deputy Area Manager | Associate
Cc: Scott Murphy, Area Manager
Attachments (2)
217
City of Visalia
Rawhide Stadium Remodel
Phase 1
Rawhide Stadium Base Proposal
Pre-Construction Phase (1 Months) (see Attachment 2 for a detailed breakdown) Project Management 2,410.00$
Constructability Review 9,540.00$
Reimbursables -$
Pre-Construction Subtotal 11,950.00$
Bid/Award Sub-Phase
Bid Solicitation/Marketing N/A
Pre-bid Conference N/A
Bidder Questions N/A
Addenda Assistance N/A
Bid Opening & Evaluation N/A
Bid/Award Subtotal N/A
Phase 1 - Total 11,950.00$
Phase 2
Base Proposal
Construction Phase (14 Months) (see Attachment 2 for a detailed breakdown) Construction Management 190,555.00 $
CM Reimbursables 3,600.00 $
Construction Subtotal 194,155.00$
Closeout Phase (1 Months) (see Attachment 2 for a detailed breakdown) Construction Management 14,745.00 $
Reimbursables 300.00 $
Closeout Subtotal 15,045.00$
Phase 2 - Total 209,200.00$
Total Phase 1 / Phase 2 221,150.00$
PROPOSED FEE SUMMARY
Attachment 1
VCM Fee Proposal 1/21/2025
218
City of Visalia
Rawhide Stadium Remodel
Rawhide - Construction Management (~15 months)
Phase 1 Phase 2: Construction Closeout
2 0 2 5
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Position Rate 123456789 1 0 1 1 1 2 1 3 1 4 1 5 Tot. Hrs Total Cost
CONSTRUCTION MGMT
Principal in Charge $265 2 1 1 1 11111111111 1 6 4,240$ Deputy Area Manager $235 8 8 8 6 46444444468 8 2 19,270$ Constructability Reviewer $180 53 53 9,540$
Asst. Construction Manager $150 60 60 60 60 60 60 98 98 98 98 98 98 98 98 84 1,228 184,200 $ Reimbrusables 1 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 3,900$ 3,900 $ Total Cost -$ 11,610$ 11,345 $ 11,345 $ 10,875 $ 10,405 $ 20,415 $ 16,205 $ 16,205 $ 16,205 $ 16,205 $ 16,205 $ 16,205 $ 16,205 $ 16,675 $ 15,045 $ 1,379 221,150$ Attachment 2
2 0 2 6
VCM Fee Proposal 1/21/2025
219
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0563 Agenda Date: 2/3/2025 Agenda #: 5.
Agenda Item Wording:
Adopt Resolution for Updated VMT Thresholds - Request to adopt by Resolution No. 2025-04 an update to Vehicles Miles Traveled Thresholds and Implementation Guidelines pursuant to Senate Bill 743 and the California Environmental Quality Act.
Deadline for Action: None
Submitting Department: Community Development - Engineering Contact Name and Phone Number:
Leslie Blair, Senior Civil Engineer, [email protected] <mailto:[email protected]> (559) 713 -4633
Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]> (559) 713-4636
Chris Crawford, City Engineer, [email protected] <mailto:[email protected]> (559) 713-4331
Jason Huckleberry, Engineering and Building Director, [email protected] <mailto:[email protected]> (559) 713-4495 Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2025-04 approving the update to the numerical thresholds for Vehicle Miles Traveled (VMT) metrics, screening maps, and guidelines, based on the latest edition of Tulare County Association of Government’s(TCAG’s) travel demand model, as contained in the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines document for purposes of analyzing transportation impacts under Senate Bill 743 and the California Environmental Quality Act.
Background Discussion:
The City adopted in March 2021 the City of Visalia VMT Thresholds and Implementation Guidelines (Guidelines). The purpose was for the City to establish its own VMT policy that was specific to Visalia’sunique needs, and better equip the City to evaluate transportation impacts under CEQA in compliance with SB 743 which mandated a change in the way transportation impacts were evaluated under the California Environmental Quality Act (CEQA). Adoption of VMT into the CEQA process did not eliminate level of service (LOS) analysis since that tool is still a necessary metric for evaluating traffic operations and determining infrastructure needs. Furthermore, the VMT requirement does not preclude the requirement of a traffic impact analysis for developments within the City of Visalia.
Since the adoption of the guidelines, the Tulare County Association of Governments (TCAG) performed an update of its travel demand model. The TCAG travel demand model is the regional travel model which formed the technical basis and provided the substantial evidence for the Visalia City Council Printed on 1/30/2025Page 1 of 4
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travel model which formed the technical basis and provided the substantial evidence for the development of the 2021 City of Visalia’s Guidelines. TCAG’s update of the travel model was conducted for the County’s2022 Regional Transportation Plan (2022 RTP) update. Moving forward, the updated travel model will be used for transportation analyses of projects.
Consequently, given the update of the regional model and new data, and that the established numerical thresholds for the City’sVMT metrics may change, LSA Associates, Inc. of Riverside, CA, a planning consultant, was hired to perform a corresponding update to the VMT Guidelines for the City of Visalia. LSA, using the updated TCAG 2022 RTP travel model and new data, performed an update to the numerical thresholds for VMT per capita, VMT per employee and VMT per service population metrics, and performed an update to the screening maps for the different VMT metrics in both the guidelines document and the GIS online screening tool.
The 2024 update to the City of Visalia VMT Thresholds and Implementation Guidelines, attached in Exhibit A, is the resulting product and complies with CEQA requirements and closely follows recommendations from the Office of Planning and Research (OPR) Technical Advisory (TA) on Evaluating Transportation Impacts in CEQA, December 2018. The 2024 update has no significant impact and includes no change to the VMT thresholds of significance previously adopted. The update includes only changes to the numerical thresholds for VMT per capita, VMT per employee, and VMT per service population metrics, and the consequent update to the screening maps for the different VMT metrics in both the guidelines document and the GIS online screening tool.
Resolution’s Authorization to Address Reoccurring Update Cycles An update to the Regional Transportation Plan (RTP) is performed every four years. Consequently, given the four-year update cycle of the regional model and that this data may change every four years when the RTPlan is required to be updated, a review and potential update to the numerical thresholds for VMT metrics, VMT screening maps, and corresponding updates to the guidelines will need to be performed every four years.
Adoption of Resolution 2025-04 therefore also authorizes City staff to conduct subsequent future updates to the numerical thresholds for VMT metrics, screening maps, and amend the City of Visalia VMT Guidelines document based on the latest version of the regional travel demand model and data, without any further adoption of City Council resolutions.
History of Senate Bill 743 and Adoption of City Thresholds Senate Bill 743, passed by the Legislature and signed into law in 2013, mandated a change in the way transportation impacts were evaluated under CEQA, effective July 1, 2020. The intent of the law was to support the state’s climate and environmental goals in meeting Greenhouse Gas (GHG) reduction targets established by the State of California. Prior to this date, CEQA transportation impacts were evaluated solely by LOS which measures traffic delay and congestion. The metric of VMT is simply the number of trips generated by a project multiplied by the trip distances in miles.
In December 2018, the OPR released a Technical Advisory (TA) providing guidance and technical recommendations regarding the assessment of VMT, thresholds of significance, and mitigations measures. Since the TA serves as a reference document and does not have the weight of law, this guidance was a starting point, and local agencies were given the opportunity to set different Visalia City Council Printed on 1/30/2025Page 2 of 4
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guidance was a starting point, and local agencies were given the opportunity to set different thresholds if supported by substantial evidence. As the City of Visalia is rural in nature compared to the larger metropolitan areas of the state such as Southern California and the Bay Area, it was determined to be in the City’sbest interest to adopt its own VMT policy tailored to reflect Visalia’s own unique values and local characteristics.
In August 2020, the City of Visalia elected to proceed with formally establishing its own thresholds of significance and hired LSA Associates, Inc. to help develop a VMT policy for the City of Visalia. On March 15, 2021, City Council adopted by Resolution 2021-08 the thresholds of significance, screening criteria and guidelines as contained in the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines document. The Guidelines contain a detailed description of the City of Visalia significance thresholds and the substantial evidence to support them, screening criteria, as well as a list of potential mitigation measures. This document serves as a detailed guideline for preparing VMT analyses consistent with SB 743 requirements for development projects, transportation projects, and plans. Project applicants are required to follow the guidance provided in this document for preparations of a VMT analysis.
Fiscal Impact:
No fiscal impact to City finances would occur as a result of adopting the update to the Guidelines.
Prior Council Action:
March 15, 2021: Adopted Resolution 2021-08 approving the thresholds of significance, screening criteria, and guidelines as contained in the City of Visalia Vehicles Miles Traveled Thresholds and Implementation Guidelines pursuant to SB 743 and the California Environmental Quality Act.
August 3, 2020: Authorized the City Manager to award the contract for RFP 19-20-55 to LSA Associates, Inc. of Riverside CA in the amount of $89,935.00 (Project number 2410-72000/CP0293).
Other:
None
Alternatives:
1) Not adopt Resolution 2025-04 nor approve the update to the numerical thresholds for VMT metrics, VMT screening maps, and corresponding updates to the Guidelines, and continue to utilize the current Guidelines with outdated TCAG travel demand model data. This alternative may not be defendable under CEQA.
2) Approve the update to the numerical thresholds for VMT metrics, VMT screening maps, and corresponding update to the Guidelines, without adopting Resolution 2025-04. This would mean that every four years when the TCAG travel demand model is updated will require Council approval of corresponding updates to the Guidelines.
Recommended Motion (and Alternative Motions if expected):
Recommended Motion - I move to adopt Resolution 2025-04 and approve updates to the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines pursuant to SB 743 and the California Environmental Quality Act.
Alternative Motion - I move to approve the update to the City of Visalia Vehicle Miles Traveled Thresholds and Visalia City Council Printed on 1/30/2025Page 3 of 4
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Alternative Motion - I move to approve the update to the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines pursuant to SB 743 and the California Environmental Quality Act.
Environmental Assessment Status:
None
CEQA Review:
The City Planner has determined that adoption of updates to the numerical thresholds for VMT metrics, screening maps, and guidelines, based on the latest edition of Tulare County Association of Governments travel demand model, as contained in the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines, is not a project under Guidelines Section 15378(b)(5) because the City is complying with the requirements of CEQA Guidelines Section 15064.7(b), and therefore no CEQA review is required.
Attachments:
VMT Threshold and Implementation Guidelines
Resolution 2025-04
Visalia City Council Printed on 1/30/2025Page 4 of 4
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Updated April 23, 2024
FINAL
CITY OF VISALIA VMT THRESHOLDS AND
IMPLEMENTATION GUIDELINES
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Updated April 23, 2024
FINAL
CITY OF VISALIA VMT THRESHOLDS AND
IMPLEMENTATION GUIDELINES
Prepared for:
City of Visalia
707 W. Acequia Avenue
Visalia, California 93291
Prepared by:
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, California 92614
(949) 553‐0666
Project No. 20241466
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i
EXECUTIVE SUMMARY
Senate Bill (SB) 743, signed in 2013, changes the way transportation studies are conducted in California Environmental Quality Act (CEQA) documents. Vehicle miles traveled (VMT) replaces motorist delay and level of service (LOS) as the metric for impact determination. As a result of the final rulemaking surrounding SB 743 and the implementation deadline of July 1, 2020, the City of Visalia is adopting the new VMT thresholds and guidelines to address the shift from delay‐based LOS CEQA traffic analyses to VMT CEQA traffic analyses.
This document discusses in further detail the following:
Definition of Region for VMT Analysis: Tulare County has been recommended as the region for VMT analyses purposes.
Standardized Screening Methods for Project VMT analysis: Residential and office projects within a Transit Priority Area, locally serving retail projects up to 50,000 square feet, residential, office, or mixed‐use projects within low‐VMT generating areas, 100 percent affordable housing projects and projects that are consistent with the City’s General Plan and generating fewer than 1,000 daily trips are considered to have no significant VMT impacts. Therefore, such projects have been recommended to be screened out from further analysis. Recommendations for Appropriate VMT Significance Thresholds for Development Projects, Transportation Projects, and Plans: For residential and non‐retail non‐residential projects, 84 percent of the existing County average have been recommended as the VMT significance threshold. For retail projects, no net increase in regional VMT have been recommended as the VMT significance threshold. For mixed use projects, individual land use components should be evaluated separately, with 84 percent of the existing County average being the recommended threshold. For transportation projects, net increase in induced VMT has been recommended as the significant threshold. For land use plans, the existing County average VMT per capita, VMT per employee, and/or VMT per service population has been recommended as the significant threshold for individual land uses.
Feasible Mitigation Strategies: VMT mitigation measures applicable for development projects, transportation projects, and plans in the context of the City have been recommended.
Additionally, use of a VMT Bank, VMT Exchange, and/or VMT Impact Fee have been discussed as potential future funding mechanisms.
For purposes of this analysis, the Tulare County Association of Governments (TCAG) 2022 RTP Travel Demand Model (TCAG Model) was used to develop screening maps. TCAG Model has been updated, for TCAG’s 2022 Regional Transportation Plan (RTP) update, since the development of the Visalia SB 743 guidelines document. Therefore, all the VMT metrics in this document have been updated using updated TCAG 2022 RTP model. The appropriate use of the TCAG Model for VMT calculations has been further elaborated in subsequent chapters of this document.
This document will serve as a detailed guideline for preparing VMT analysis consistent with SB 743 requirements for development projects, transportation projects, and plans. Project applicants will be required to follow the guidance provided in this document for preparation of CEQA VMT analysis. 228
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................................. i TABLE OF CONTENTS ............................................................................................................................. iii FIGURES AND TABLES ............................................................................................................................. v LIST OF ABBREVIATIONS AND ACRONYMS ............................................................................................ vii
1.0 INTRODUCTION ................................................................................................... 1
2.0 DEFINITION OF REGION: VEHICLE MILES TRAVELED CONTEXT .............................. 5
3.0 PROJECT SCREENING ........................................................................................... 7
3.1 LAND USE DEVELOPMENT PROJECTS ................................................................................... 7
3.2 TRANSPORTATION PROJECTS ............................................................................................. 20
4.0 THRESHOLD AND VMT ANALYSIS FOR LAND USE DEVELOPMENT PROJECTS ....... 24
4.1 THRESHOLDS FOR LAND USE PROJECTS ............................................................................. 24
4.2 LAND USE PROJECT VMT ANALYSIS/MITIGATION PROCEDURE ......................................... 26
4.2.1 Agency Communication ....................................................................................................... 26
4.2.2 Project Screening ................................................................................................................. 31
4.2.3 Development Project VMT Analysis .................................................................................... 31
4.2.4 Large Project VMT Analysis ................................................................................................. 31
4.3 MITIGATION MEASURES .................................................................................................... 31
5.0 THRESHOLDS AND INDUCED VMT ANALYSIS FOR TRANSPORTATION PROJECTS .......................................................................................................... 33
6.0 SIGNIFICANCE THRESHOLDS FOR LAND USE PLANS ............................................ 37
7.0 MITIGATION STRATEGIES .................................................................................. 39
7.1 DEFINITION OF MITIGATION .............................................................................................. 39
7.2 MITIGATION MEASURES AND PROJECT ALTERNATIVES .................................................... 41
7.2.1 Land Development Projects and Community/General Plans .............................................. 41
7.2.2 Transportation Projects ....................................................................................................... 42
7.3 FUNDING MECHANISMS .................................................................................................... 43
8.0 VISALIA GENERAL PLAN CONSISTENCY ANALYSIS ............................................... 47
8.1 OBJECTIVES AND POLICIES: LAND USE ............................................................................... 47
8.1.1 Objectives ............................................................................................................................ 47
8.1.2 Policies ................................................................................................................................. 47
8.2 OBJECTIVES AND POLICIES: CIRCULATION ......................................................................... 50
8.2.1 Objectives ............................................................................................................................ 50
8.2.2 Policies ................................................................................................................................. 51
8.3 OBJECTIVES AND POLICIES: AIR QUALITY AND GREENHOUSE GASES ................................ 54
8.3.1 Objectives ............................................................................................................................ 54
8.3.2 Policies ................................................................................................................................. 54
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APPENDICES
A: VEHICLE MILES TRAVELED MITIGATION MEASURES FOR DEVELOPMENT PROJECTS (CAPCOA) B: VEHICLE MILES TRAVELED MITIGATION MEASURES FOR DEVELOPMENT PROJECTS (CARB
PAPERS)
C: VEHICLE MILES TRAVELED MITIGATION MEASURES FOR COMMUNITY PLANS AND GENERAL PLANS
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FIGURES AND TABLES
FIGURES
Figure 1: VMT per Capita Compared to Population in California ........................................................... 2 Figure 2: 2017 GHG Emissions in California by Scoping Plan Sector and Sub‐Sector Category ............. 3 Figure 3: Percentage of Total Trips Having Origins/Destinations within the City of Visalia and Terminating within the City of Visalia, within Tulare County, or outside the County .................. 6 Figure 4: High‐Quality Transit Area within City of Visalia ...................................................................... 9 Figure 5: Average VMT per Capita (Population), VMT per Employee, and VMT per Service Population for City of Visalia and Tulare County ........................................................................ 13 Figure 6: City of Visalia Existing VMT per Capita .................................................................................. 14 Figure 7: City of Visalia Existing VMT per Employee ............................................................................ 16 Figure 8: City of Visalia Existing VMT per Service Population .............................................................. 18 Figure 9: SB 375 Regional Plan Climate Targets for the 18 California MPOs ....................................... 25 Figure 10: VMT Screening Methodology for Development Projects ................................................... 27 Figure 11‐A: VMT Analysis Methodology for Residential Projects ....................................................... 28 Figure 11‐B: VMT Analysis Methodology for Non‐Retail Non‐Residential Projects ............................. 29 Figure 11‐C: VMT Analysis Methodology for Retail Projects ................................................................ 30 Figure 12: Induced Travel – VMT Attributable to Project .................................................................... 34 Figure 13: Caltrans Induced Travel Calculator ...................................................................................... 35 Figure 14: Procedural Flow Chart – VMT Bank ..................................................................................... 44 Figure 15: Procedural Flow Chart – VMT Exchange ............................................................................. 45 Figure 16: Procedural Flow Chart – VMT Impact Fee ........................................................................... 46
TABLE
Table A: Representative VMT and GHG Emissions from CalEEMod ..................................................... 11
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LIST OF ABBREVIATIONS AND ACRONYMS
ADT Average Daily Trips
AHO Affordable Housing Overlay
BMP Best Management Practice
BRT Bus Rapid Transit
CalEEMod California Emissions Estimator Model
Caltrans California Department of Transportation
CAPCOA California Air Pollution Control Officers Association CARB California Air Resources Board
CEQA California Environmental Quality Act
City City of Visalia
CO2e Carbon Dioxide Equivalent
County County of Tulare
COZ Change of Zone
EIR Environmental Impact Report
EO Executive Order
FAR Floor‐to‐Area Ratio
GHG Greenhouse Gas
GPA General Plan Amendment
GWP Global Warming Potential
HOT High‐Occupancy Toll
HOV High‐Occupancy Vehicle
ITE Institute of Transportation Engineers
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LOS Level of Service
MND Mitigated Negative Declaration
MPO Metropolitan Planning Organizations
MT Metric Ton
ND Negative Declaration
OPR Governor’s Office of Planning and Research
PRC Public Resources Code
RTP Regional Transportation Plan
RTPA Regional Transportation Planning Agency
SB Senate Bill
SCS Sustainable Communities Strategy
sf Square foot/Feet
SOC Statement of Overriding Considerations
TA Technical Advisory
TCAG Tulare County Association of Governments
TDM Transportation Demand Management
TSM Transportation System Management
UDB Urban Development Boundary
UGB Urban Growth Boundary
VMT Vehicle Miles Traveled
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1 1.0 INTRODUCTION
Senate Bill (SB) 743, signed in 2013, changes the way transportation studies are conducted in California Environmental Quality Act (CEQA) documents. Vehicle miles traveled (VMT) replaces motorist delay and level of service (LOS) as the metric for impact determination. For development projects, VMT is simply the product of the daily trips generated by a new development and the distance those trips travel to their destinations. For capital projects, impacts are identified as the new VMT attributable to the added capital project, both from the installation of the facility and the induced growth—a new term in the CEQA lexicon—generated as a result of induced land use.
In January 2019, the Natural Resources Agency and the Governor’s Office of Planning and Research (OPR) codified SB 743 into the Public Resources Code (PRC) and the State CEQA Guidelines. State CEQA Guidelines Section 15064.3 subdivision (b) states:
1. Land Use Projects. VMT exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one‐half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease VMT in the project area compared to existing conditions should be presumed to have a less than significant transportation impact.
2. Transportation Projects. Transportation projects that reduce, or have no impact on, VMT should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, such as in a regional transportation plan EIR, a lead agency may tier from that analysis as provided in Section 15152.
3. Qualitative Analysis. If existing models or methods are not available to estimate the VMT for the particular project being considered, a lead agency may analyze the project’s VMT qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate.
4. Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s VMT, including whether to express the change in absolute terms, per capita, per household, or in any other measure. A lead agency may use models to estimate a project’s VMT and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate VMT and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.
The OPR provided a Technical Advisory (TA) as a guidance document to establish thresholds for this new VMT metric. The laws and rules governing the CEQA process are contained in the CEQA statute (PRC Section 21000 and following), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 and following), published court decisions interpreting CEQA, and locally adopted CEQA procedures. The TA is intended as a reference document; it does not have the weight of law. 236
2 Yet, deviating from the TA is best undertaken with substantial evidence to support the agency action.
The State of California is committed to reducing greenhouse gas (GHG) emissions and achieving long‐term climate change goals. To achieve these climate change goals, California needs to reduce VMT. As illustrated in Figure 1, over the last 40 years, with increase in statewide population, the overall VMT has also increased. As illustrated in Figure 2, transportation is the single largest sector contributing to the State’s GHG emissions. More than 40 percent of the GHG emissions come from the transportation sector, primarily passenger cars and light‐duty trucks. Reducing the number of vehicle trips and reducing the length of trips are expected to result in reduced VMT and reduced GHG emissions. The new State CEQA Guidelines and the establishment of VMT thresholds for CEQA analyses is linked to GHG reduction strategies and overall statewide climate change goals.
Source: https://ca50million.ca.gov/transportation/
Figure 1: VMT per Capita Compared to Population in California 237
3 Source: California Greenhouse Gas Emissions for 2000 to 2017 Trends of Emissions and Other Indicators (California Air Resources Board Report) Figure 2: 2017 GHG Emissions in California by Scoping Plan Sector and Sub‐Sector Category This document establishes the City of Visalia’s (City) threshold of significance for CEQA transportation studies and provides substantial evidence as appropriate. It is divided into chapters, including:
Chapter 2 – Definition of Region: The document describes what the comparative is for analysis purposes. Each project will be compared to an existing regional average. The geographical area that defines the region is defined and described.
Chapter 3 – Project Screening: OPR acknowledges that certain projects are either low VMT generators, or, by virtue of their location, would have a less than significant impact. The City should use these screening criteria and should offer substantial evidence for other circumstances that would lead to a less than significant impact. Chapter 4 – Significance Threshold and VMT Analysis for Land Use Development Projects: In this chapter, the threshold that would define a significant CEQA impact is identified. This threshold is linked to a specific land development project that is being analyzed under CEQA. 238
4 The actual VMT metric (either an efficiency rate or total VMT) is described. The process of VMT analysis is also described in this chapter.
Chapter 5 –Thresholds and Induced VMT Analysis for Transportation Projects: This chapter describes the method to evaluate significant CEQA impacts associated with transportation projects. Many non‐vehicular capital projects are presumed to have a less than significant impact. Capacity‐enhancing projects may have significant impacts and may be subject to a detailed analysis that will include measuring induced travel. Chapter 6 – Significance Thresholds for Land Use Plans: This chapter provides guidance and substantial evidence to support the City’s treatment of land use plans and their CEQA transportation analyses.
Chapter 7 – Mitigation Strategies: Potential mitigation strategies are indicated in this chapter. It is noted that this discussion is not intended as a full list of measures the City sanctions as feasible. As in previous CEQA practice, it is generally the practitioner who identifies mitigation measures to offset the specific project‐related impacts identified in individual environmental document. The discussion here is intended as a reference and guide for possible strategy for applicants who may wish to investigate to offset their specific project‐related significant impacts.
Chapter 8 – Visalia General Plan Consistency Analysis: This chapter summarizes the objectives and policies from the City’s General Plan Land Use Element, Circulation Element, and Air Quality and Greenhouse Gas Element that could be better achieved with implementation of VMT metrics and analysis procedures.
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5 2.0 DEFINITION OF REGION: VEHICLE MILES TRAVELED CONTEXT The question of context is the definition of the scope of the VMT analysis. The common term for this in previous delay‐based LOS analyses is project study area. In the delay‐based LOS analyses, a project study area is generally determined based on the incremental increase in traffic from the project and its potential to create a significant LOS impact. This generally includes intersections and roadway segments where the project would add a prescribed number of peak‐hour trips. Many times, lead agencies stop study area boundaries at their jurisdictional borders.
Unlike delay‐based LOS analyses, VMT is a regional effect not defined by roadway, intersection, or pathway. The OPR acknowledges this in its TA (page 6), which states, Lead agencies should not truncate any VMT analysis because of jurisdictional or other boundaries. …
On a daily basis, majority of trips are generated by the residents of the community or by residential land uses. Commute and school trips are typically considered mandatory trips for the residents.
Also, based on 2010 – 2012 California Household Travel Surveys (CHTS), commute trips are the longest among trips by residents. Additionally based on CHTS, the majority of trips are commute and shopping trips occurring between residential, office, and retail uses. Therefore, pursuant to the OPR TA, the recommendations for thresholds for the primary land use types (residential and office) are based on a comparison to a regional average. Region is not defined further in the TA. Instead, the OPR TA offers the following suggestions:
1. In cases where the region is substantially larger than the geography over which most workers would be expected to live, it might be appropriate to refer to a smaller geography, such as county, that includes the area over which nearly all workers would be expected to live (page 16).
2. For residential projects in unincorporated county areas, the local agency can compare a residential project’s VMT to (1) the region’s VMT per capita, or (2) the aggregate population weighted VMT per capita of all cities in the region (page 15).
LSA surveyed other large urbanized areas around the state to identify what region has been established for VMT thresholds. In most cases, the county boundary has been identified as the region selected for VMT analysis. Mobility can be studied using a trip‐based approach or a tour‐based approach. The OPR TA states that “where available, tour‐based assessment is ideal because it captures travel behavior more comprehensively. But where tour‐based tools or data are not available for all components of an analysis, a trip‐based assessment of VMT serves as a reasonable proxy.” Since the Tulare County Association of Governments (TCAG) Model is a trip‐based model, a trip‐ based approach has been followed. LSA used the TCAG 2022 RTP Model to examine the trips into and out of Visalia. As such, consistent with the OPR TA, only trips having origins or destinations or both within the City were considered. External pass‐through trips were not considered. As illustrated in Figure 3, out of the total trips, about 66 percent trips are contained within the City and its sphere of influence. Another 29 percent of trips originate or are destined within other 240
6 jurisdictions in Tulare County (County). The remaining 5 percent trips either originate or are destined outside Tulare County. Because the majority of the trips (95 percent) are contained within Tulare County, the County will be used to define the region.
The OPR guidance recommends consistency in approach; once a region is established, that region should be used for all subsequent traffic analyses.
Source: TCAG 2022 RTP Model
Figure 3: Percentage of Total Trips Having Origins/Destinations within the City of Visalia and Terminating within the City of Visalia, within Tulare County, or outside the County It should be recognized the use of the County as the region defines the comparative, or the denominator, in the identification of project‐related impact. The numerator is the project’s VMT contribution. This project‐related VMT profile may go beyond the County boundary and not be truncated by a jurisdictional boundary. For example, if a large employment generating development is proposed near the City’s western boundary, it may generate VMT from as far away as Fresno or other communities in the San Joaquin Valley. In that case, it would be the responsibility of the applicant and traffic study preparer to include the project VMT regardless of geographical limit to the satisfaction of City staff. This project‐related VMT profile would be compared against the Tulare County regional average.
66%
29%
5%
0%
10%
20%
30%
40%
50%
60%
70%
Total Trips
Within City Sphere of Influence
Within Tulare County, Outside of City SOI
Outside Tulare County
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7 3.0 PROJECT SCREENING
The TA acknowledges that certain activities and projects may result in a reduction in VMT and GHG emissions and, therefore, a less than significant impact to transportation and circulation. A variety of projects may be screened out of a complicated VMT analysis due to the presumption described in the TA regarding the occurrence of less than significant impacts.
3.1 LAND USE DEVELOPMENT PROJECTS
The TA acknowledges that conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip‐making potential. For example, development projects that have one or more of the following attributes may be presumed to create a less than significant impact:
The project is within 0.5 mile of a Transit Priority Area or a High‐Quality Transit Area unless the project is inconsistent with the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), has a floor area ratio (FAR) less than 0.75, provides an excessive amount of parking, or reduces the number of affordable residential units. In accordance with SB 743, “Transit priority areas” are defined as “an area within one‐half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program. A Major Transit Stop means: “a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service of 15 minutes or less during the morning and afternoon peak commute periods.” A High‐Quality Transit Area or Corridor is a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
Figure 4 depicts transit priority areas within Visalia including high‐quality transit areas (within 0.5 mile of a major transit stop) served by the Visalia Transit with service intervals of 15 minutes or less.
Projects proposed in these areas may be presumed to have a less than significant transportation impact unless the project is inconsistent with the RTP/SCS, has an FAR less than 0.75, provides an excessive amount of parking, or reduces the number of affordable residential units. The project involves local‐serving retail space of less than 50,000 square feet (sf). The project is 100 percent deed‐restricted affordable housing units. For the City of Visalia, projects consistent with the City’s General Plan can be screened if the project would generate fewer than 1,000 average daily trips (ADT), and projects not consistent with the City’s General Plan can be screened if the project would generate fewer than 500 ADT.
The TA recommends a volume of 110 ADT. This recommendation is not based on any analysis of GHG reduction but, rather, on a CEQA categorical exemption. This exemption criterion states that for existing facilities, including additions to existing structures of up to 10,000 sf, the project is exempted from CEQA as long as the project is in an area where public infrastructure is available to allow for maximum planned development and the project is not located in an environmentally sensitive area (State CEQA Guidelines Section 15301, subdivision (e)(2). 242
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ÄÆ99
ÄÆ198
ÄÆ216
ROUTE 1
ALTA AVE
E NOBLE AVE
W MINERAL KING AVE W NOBLE AVE
S DEMAREE RD
S SHIRK RD
ALTA AVE
N SHIRK RD
S COURT ST
AVENUE 280
AVENUE 296
W HOUSTON AVE
W WALNUT AVE
E CALDWELL AVE
E WALNUT AVE
W CALDWELL AVE W VISALIA RD
N DEMAREE RD
N FARMERSVILLE BLVD
PLAZA DR
W CALDWELL AVE
E VISALIA RD
E MINERAL KING AVE
S FARMERSVILLE BLVD
N AKERS ST
N LOVERS LN
E HOUSTON AVE
CR-J32
CAMP DR
ROAD 160
E MAIN ST
HOUSTON ST
W MAIN ST
N BEN MADDOX WAY
FARMERSVILLE BLVD
S BEN MADDOX WAY
AVENUE 328
W CENTER ST
AVENUE 312
BEN MADDOX WAY
N MOONEY BLVD
S AKERS ST
W GOSHEN AVE
S LOVERS LN
W RIGGIN AVEW RIGGIN AVE
E HOUSTON AVE
IVANHOE DR
AVENUE 280
ROAD 158
ROAD 80
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community LEGEND
City of Visalia Sphere of Influence
Visalia Transit Route 1
Half Mile Buffer
SOURCE: TCAG Model; City of Visalia;Tulare County (11/20) R:\VSL2001 Visalia VMT\GIS\fig_4_HQ Transit.mxd (1/19/2021) FIGURE 4
City of Visalia VMT Thresholds and Implementation Guidelines High Quality Transit Area within City of Visalia
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11 As stated in the OPR TA, for projects that have a linear increase in trip generation with respect to the building footprint, the daily trip generation is anticipated to be between 110 and 124 trips per 10,000 sf. Therefore, based on this assumption, the OPR recommends 110 ADT as the screening threshold. However, the California Emissions Estimator Model (CalEEMod) was used to characterize the effect of changes in project‐related ADT to the resulting GHG emissions. This model was selected because it is provided by the California Air Resources Board (CARB) to be used statewide for developing project‐level GHG emissions. CalEEMod was used with the built‐in default trip lengths and types to show the vehicular GHG emissions from incremental amounts of ADT. Table A shows the resulting annual VMT and GHG emissions from the incremental ADT.
Table A: Representative VMT and GHG Emissions from CalEEMod Average Daily Trips (ADT)
Annual Vehicle Miles Traveled
(VMT) GHG Emissions (Metric Tons CO2e per year)
200 683,430 258
300 1,021,812 386
400 1,386,416 514
500 1.703,020 643
600 2,043,623 771
750 2,562,862 967
1,000 3,417,150 1,290
1,500 5,125,725 1,935
Source: CalEEMod version 2016.3.2.
CalEEMod = California Emissions Estimator Model
CO2e = carbon dioxide equivalent
GHG = Greenhouse Gas
A common GHG emissions threshold is 3,000 metric tons (MT) of carbon dioxide equivalent1 (CO2e) per year.2 The vehicle emissions are typically more than 50 percent of the total project GHG emissions. Thus, a project with 1,000 ADT would generally have total project emissions that could be less than 2,600 MT CO2e/year (i.e., 50 percent or 1,290 MT CO2e/year coming from vehicle emissions and the other 50 percent coming from other project activities). As this level of GHG emissions would be less than 3,000 MT CO2e/year, the emissions of GHG from a project up to 1,000 ADT would typically be less than significant. The City of Visalia Implementation Guidelines document recommends that a more conservative daily trip threshold be applied to projects that are not consistent with the City’s General Plan. This is because a project that is not consistent with the General Plan also conflicts with the RTP/SCS. Therefore, for projects that are consistent with the City’s General Plan, the City will allow screening of these projects if they would generate fewer than 1,000 ADT. For projects that are not consistent with the City’s General Plan, a screening threshold of 500 ADT will be applied. The development of institutional/government and public service uses that support community health, safety and welfare may also be screened from subsequent CEQA VMT analysis. These facilities (e.g., police stations, fire stations, community centers, and refuse stations) are already part of the community and, as a public service, the VMT is accounted for in the existing regional
1 Carbon dioxide equivalent (CO2e) is a concept developed to provide one metric that includes the effects of numerous GHGs. The global warming potential (GWP) of each GHG characterizes the ability of each GHG to trap heat in the atmosphere relative to another GHG. The GWPs of all GHGs are combined to derive the CO2e. 2 Source: http://www.aqmd.gov/home/rules‐compliance/ceqa/air‐quality‐analysis‐handbook/ghg‐significance‐ thresholds.
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12 average. Many of these facilities generate fewer than 1,000 ADT and/or use vehicles other than passenger‐cars or light duty trucks. These other vehicle fleets are subject to regulation outside of CEQA, such as the CARB and the San Joaquin Valley Air Pollution Control District. Local parks, daycare centers, student housing projects on or adjacent to a college campus, local‐ serving gas stations, banks, and K–12 public schools.
Redevelopment projects that result in an equal or net reduction in VMT can be considered to have less than significant VMT impact. A net reduction in VMT would occur if the land use proposed by the project would generate less VMT than the existing land use. Residential, office, or mixed‐use projects that are consistent with the City’s General Plan and located within green‐colored VMT zones, as shown in Figures 6, 7, and 8, respectively, are presumed to have similar low VMT profiles and could be screened out from further VMT analysis.
The TA states “Residential and office projects that are located in areas with low VMT, and that incorporate similar features (i.e., density, mix of uses, transit accessibility), will tend to exhibit similarly low VMT. Maps created with VMT data, for example from a travel survey or a travel demand model, can illustrate areas that are currently below threshold VMT. Because new development in such locations would likely result in a similar level of VMT, such maps may be used to screen out residential and office projects from needing to prepare a detailed VMT analysis.”
LSA calculated VMT per capita, VMT per employee, and VMT per service population for the City of Visalia, as well as for the entire Tulare County. Figure 5 illustrates the comparison of these VMTs. LSA also created screening maps that residential and non‐residential projects within the City can use to screen projects, provided they are consistent with the City’s General Plan. As described earlier, the City will use Tulare County as the region. Therefore, the screening maps have been created using the County as the region. Figure 6 illustrates City of Visalia’s VMT per capita screening map. Figure 7 illustrates the City’s VMT per employee screening map, and Figure 8 illustrates the City’s VMT per service population screening map. 247
13 Source: TCAG2022 RTP Model
Figure 5: Average VMT per Capita (Population), VMT per Employee, and VMT per Service Population for City of Visalia and Tulare County
10.1 5.6
26.8 13.2
8.8 31.0
0.0 5.0
10.0 15.0
20.0 25.0
30.0 35.0
Average VMT per Capita Average VMT per Employee Average VMT per Service Population
City of Visalia
Tulare County
248
ÄÆ99
ÄÆ198
ÄÆ216
ALTA AVE
E NOBLE AVE
W
M
INERAL KING AVE
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NOBLE AVE
S DEMAREE RD
S SHIRK RD
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S COURT ST
AVENUE 280
AVENUE 296
W
HOUSTON AVE
W
W
ALNUT AVE
E CALDW
ELL AVE
E W
ALNUT AVE
W
CALDW
ELL AVE
W
VISALIA RD
N DEMAREE RD
N FARMERSVILLE BLVD
PLAZA DR
W
CALDW
ELL AVE
E VISALIA RD
E M
INERAL KING AVE
S FARMERSVILLE BLVD
N AKERS ST
N LOVERS LN
E HOUSTON AVE
CR‐J32
CAMP DR
ROAD 160
E MAIN ST
HOUSTON ST
W
M
AIN ST
N BEN MADDOX WAY
FARMERSVILLE BLVD
S BEN MADDOX WAY
AVENUE 328
W CENTER ST
AVENUE 312
BEN MADDOX WAY
N MOONEY BLVD
S AKERS ST
W
GOSHEN AVE
S LOVERS LN
W
RIGGIN AVE
W
RIGGIN AVE
E HOUSTON AVE
IVANHOE DR
AVENUE 280
ROAD 158
ROAD 80
LEGEND
City of Visalia Sphere of Influence
SOURCE: TCAG Model; City of Visalia;Tulare County (06/22) C:\T emp\VSL\refresh_2024\GIS\VMT_Maps_02‐19‐2024\fig6_VMT_CAP .mxd (2/19/2024) FIGURE 6
City of Visalia VMT Thresholds and Implementation Guidelines City of Visalia ‐ Existing VMT per Capita
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VMT per Capita
No Population
11.1 or Less
More than 11.1, up to 13.2
Greater than 13.2
City of Visalia Average VMT per Capita: 10.1
Tulare County Average VMT per Capita: 13.2
Threshold: 16%
Map created using Tulare County as the region.
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ÄÆ99
ÄÆ198
ÄÆ216
ALTA AVE
E NOBLE AVE
W
M
INERAL KING AVE
W
NOBLE AVE
S DEMAREE RD
S SHIRK RD
ALTA AVE
N SHIRK RD
S COURT ST
AVENUE 280
AVENUE 296
W
HOUSTON AVE
W
W
ALNUT AVE
E CALDW
ELL AVE
E W
ALNUT AVE
W
CALDW
ELL AVE
W
VISALIA RD
N DEMAREE RD
N FARMERSVILLE BLVD
PLAZA DR
W
CALDW
ELL AVE
E VISALIA RD
E M
INERAL KING AVE
S FARMERSVILLE BLVD
N AKERS ST
N LOVERS LN
E HOUSTON AVE
CR‐J32
CAMP DR
ROAD 160
E MAIN ST
HOUSTON ST
W
M
AIN ST
N BEN MADDOX WAY
FARMERSVILLE BLVD
S BEN MADDOX WAY
AVENUE 328
W CENTER ST
AVENUE 312
BEN MADDOX WAY
N MOONEY BLVD
S AKERS ST
W
GOSHEN AVE
S LOVERS LN
W
RIGGIN AVE
W
RIGGIN AVE
E HOUSTON AVE
IVANHOE DR
AVENUE 280
ROAD 158
ROAD 80
LEGEND
City of Visalia Sphere of Influence
SOURCE: TCAG Model; City of Visalia;Tulare County (06/22) C:\T emp\VSL\refresh_2024\GIS\VMT_Maps_02‐19‐2024\fig7_VMT_EMP .mxd (2/19/2024) FIGURE 7
City of Visalia VMT Thresholds and Implementation Guidelines City of Visalia ‐ Existing VMT per Employee
S!!N
0 2500 5000
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VMT per Employee
No Employment
7.4 or Less
More than 7.4, up to 8.8
Greater than 8.8
City of Visalia Average VMT per Employee: 5.6
Tulare County Average VMT per Employee: 8.8
Threshold: 16%
Map created using Tulare County as the region.
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ÄÆ99
ÄÆ198
ÄÆ216
ALTA AVE
E NOBLE AVE
W
M
INERAL KING AVE
W
NOBLE AVE
S DEMAREE RD
S SHIRK RD
ALTA AVE
N SHIRK RD
S COURT ST
AVENUE 280
AVENUE 296
W
HOUSTON AVE
W
W
ALNUT AVE
E CALDW
ELL AVE
E W
ALNUT AVE
W
CALDW
ELL AVE
W
VISALIA RD
N DEMAREE RD
N FARMERSVILLE BLVD
PLAZA DR
W
CALDW
ELL AVE
E VISALIA RD
E M
INERAL KING AVE
S FARMERSVILLE BLVD
N AKERS ST
N LOVERS LN
E HOUSTON AVE
CR‐J32
CAMP DR
ROAD 160
E MAIN ST
HOUSTON ST
W
M
AIN ST
N BEN MADDOX WAY
FARMERSVILLE BLVD
S BEN MADDOX WAY
AVENUE 328
W CENTER ST
AVENUE 312
BEN MADDOX WAY
N MOONEY BLVD
S AKERS ST
W
GOSHEN AVE
S LOVERS LN
W
RIGGIN AVE
W
RIGGIN AVE
E HOUSTON AVE
IVANHOE DR
AVENUE 280
ROAD 158
ROAD 80
LEGEND
City of Visalia Sphere of Influence
SOURCE: TCAG Model; City of Visalia;Tulare County (06/22) C:\T emp\VSL\refresh_2024\GIS\VMT_Maps_02‐19‐2024\fig8_VMT_SPOP .mxd (2/29/2024) FIGURE 8
City of Visalia VMT Thresholds and Implementation Guidelines City of Visalia ‐ Existing VMT per Service Population
S!!N
0 2500 5000
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VMT per Service Population
No service population
26.4 or Less
More than 26.4, up to 31.0
Greater than 31.0
City of Visalia Average VMT per Service Population: 26.8 Tulare County Average VMT per Service Population: 31.0
Threshold: 16%
Map created using Tulare County as the region.
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20 The City of Visalia VMT Screening Tool3 can be used to determine whether a land use development project may be screened from a detailed VMT analysis. It should be noted that if a project constitutes a General Plan Amendment (GPA) or a Change of Zone (COZ), the City will evaluate such projects on a case‐by‐case basis to determine whether a VMT analysis would be required and the above‐listed screening criteria could be applied.
Additionally, the 2020 State CEQA Guidelines Section 15007 (c) states that “if a document meets the content requirements in effect when the document is sent out for public review, the document shall not need to be revised to conform to any new content requirements in Guideline amendments taking effect before the document is finally approved.” Therefore, if a land use development/ transportation project is already cleared by a certified Environmental Impact Report (EIR) or an adopted Negative Declaration (ND)/Mitigated Negative Declaration (MND), then subsequent projects that are consistent with the approved project will not require a new VMT analysis.
Projects that show a less than significant impact upon detailed analysis, as described in Chapter 4, will not require any additional VMT analysis under CEQA.
3.2 TRANSPORTATION PROJECTS
The primary attribute to consider with transportation projects is the potential to increase vehicle travel, sometimes referred to as “induced travel.” Based on the OPR TA, while the City has discretion to continue to use a delay‐based LOS analysis for CEQA disclosure of transportation projects, changes in vehicle travel must also be quantified. The City of Visalia will solely use VMT analysis for CEQA disclosure of transportation projects, but will also require a LOS analysis for design, traffic operations, and safety purposes. The TA lists a series of projects that would not likely lead to a substantial or measurable increase in vehicle travel and which would, therefore, not require an induced travel analysis. These include the following:
Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets (e.g., highways; roadways; bridges; culverts; Transportation Management System field elements such as cameras, message signs, detection, or signals; tunnels; transit systems; and assets that serve bicycle and pedestrian facilities) and that do not add additional motor vehicle capacity.
Roadside safety devices or hardware installation such median barriers and guardrails. Roadway shoulder enhancements to provide “breakdown space,” dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety, but which will not be used as automobile vehicle travel lanes.
Addition of an auxiliary lane of less than 1 mile in length designed to improve roadway safety. Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left‐turn, right‐turn, and U‐turn pockets, two‐way left‐turn lanes, or emergency breakdown lanes that are not utilized as through lanes.
3 City of Visalia Online Screening Tool: City of Visalia ‐ VMT Screening Application (lsa.net) 255
21 Addition of roadway capacity on local or collector streets, provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit. Conversion of existing general‐purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel.
Addition of a new lane that is permanently restricted to use only by transit vehicles. Reduction in the number of through lanes.
Grade separation to separate vehicles from rail, transit, pedestrians, or bicycles, or to replace a lane in order to separate preferential vehicles (e.g., high‐occupancy vehicles [HOV], high‐ occupancy toll [HOT] lane traffic, or trucks) from general vehicles. Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority features.
Installation of traffic metering systems, detection systems, cameras, changeable message signs, and other electronics designed to optimize vehicle, bicycle, or pedestrian flow. Timing of signals to optimize vehicle, bicycle, or pedestrian flow. Installation of roundabouts or traffic circles.
Installation or reconfiguration of traffic calming devices. Adoption of or increase in tolls.
Addition of tolled lanes, where tolls are sufficient to mitigate VMT increase. Initiation of a new transit service.
Conversion of streets from one‐way to two‐way operation with no net increase in the number of traffic lanes.
Removal or relocation of off‐street or on‐street parking spaces. Adoption or modification of on‐street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs). Addition of traffic wayfinding signage.
Rehabilitation and maintenance projects that do not add motor vehicle capacity. Addition of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rights‐of‐way.
Addition of Class I bike paths, trails, multi‐use paths, or other off‐road facilities that serve non‐ motorized travel.
Installation of publicly available alternative fuel/charging infrastructure. Addition of passing lanes, truck climbing lanes, or truck brake‐check lanes in rural areas that do not increase overall vehicle capacity along the corridor. 256
22 Additionally, transit and active transportation projects generally reduce VMT and, therefore, may be presumed to cause a less than significant impact on transportation. This presumption may apply to all passenger rail projects, bus and bus rapid‐transit projects, and bicycle and pedestrian infrastructure projects. The City may use this CEQA presumption of less than significant impact to aid in the prioritization of capital projects, as the CEQA process for any of these project types would be more streamlined than other capacity‐enhancing capital projects. 257
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24 4.0 THRESHOLD AND VMT ANALYSIS FOR LAND USE DEVELOPMENT
PROJECTS
4.1 THRESHOLDS FOR LAND USE PROJECTS
The TA states that SB 743 and all CEQA VMT transportation analyses refer to automobiles. Here, the term automobile refers to on‐road passenger vehicles, specifically cars and light duty trucks (page. 4). Heavy‐duty trucks can be addressed in other CEQA sections (air quality, greenhouse gas, noise, and health risk assessment analysis) and are subject to regulation in a separate collection of rules under CARB jurisdiction. This approach was amplified by Chris Ganson, Senior Advisor for Transportation at OPR, in a presentation to the Fresno Council of Governments (October 23, 2019) and by Ellen Greenberg, the California Department of Transportation (Caltrans) Deputy Director for Sustainability, at the San Joaquin Valley Regional Planning Agencies’ Directors’ Committee meeting (January 9, 2020).
The OPR has identified the subject of the thresholds as the primary trips in the home‐based typology: specifically, home‐based work trips. This includes residential uses, office uses, and retail uses. The home‐based work trip type is the primary trip type during the peak hours of commuter traffic in the morning and evening periods.
The impact of transportation has shifted from congestion to climate change, and the purpose of the CEQA analysis is to disclose and ultimately reduce GHG emissions by reducing the number and length of automobile trips. As part of the SB 375 land use/transportation integration process and the GHG goal setting, the State and Regional Transportation Planning Agencies (RTPA) have agreed to reduce GHG through integrated land use and transportation planning by a statewide average of approximately 15 percent by 2035. Figure 9 illustrates the SB 375 regional GHG emission reduction targets for all 18 Metropolitan Planning Organizations (MPOs) in California that were established by the CARB in 2018. Furthermore, in its 2017 Scoping Plan‐Identified VMT Reductions and Relationship to State Climate Goals, the CARB recommends total VMT per capita rates approximately 15 percent below existing conditions.
The TA therefore recommends:
A proposed (residential) project exceeding a level of 15 percent below existing regional average VMT per capita may indicate a significant transportation impact.
A similar threshold would apply to office projects (15 percent below existing regional average VMT per employee).
VMT generated by retail projects would indicate a significant impact for any net increase in total VMT.
259
25 Source: https://ww2.arb.ca.gov/our‐work/programs/sustainable‐communities‐program/regional‐plan‐ targets
Figure 9: SB 375 Regional Plan Climate Targets for the 18 California MPOs CARB establishes GHG targets for each of the 18 MPOs in the State, reviews the SCSs, and makes a determination of whether the SCSs would achieve GHG reduction targets if implemented. In the spring of 2018, CARB adopted new GHG targets for all the 18 MPOs in the State based on the 2017 Scoping Plan and other new data as illustrated in Figure 9. CARB established a 16 percent GHG reduction target for 2035 for the Tulare region. The State recognizes that Tulare County’s contribution to the aggregate 15 percent statewide GHG emission reduction is 16 percent. Other regions may achieve lower reductions to achieve the aggregate statewide goal.4 As such, reduction in GHG directly corresponds to reduction in VMT. In order to reach the statewide GHG reduction goal of 15 percent, the Tulare region must reduce GHG by 16 percent. The method of reducing GHG by 16 percent is to reduce VMT by 16 percent as well.
Therefore, the City has established a threshold for land use developments, specifically residential and office, of 84 percent of the existing regional VMT per capita or VMT per employee as indicative of a significant transportation impact.
For retail projects, increase in total regional roadway VMT with the implementation of the project would indicate a significant transportation impact. In general, addition of new retail rediverts majority of trips from existing retail locations located further away. Given the potential redistribution of majority of trips rather than addition of trips, a comparison of total regional
4 The latest GHG targets by region can be found at https://ww2.arb.ca.gov/our‐work/programs/ sustainable‐communities‐program/regional‐plan‐targets.
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%GHG Emission Reduction Target
2020
2035
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26 roadway VMT is appropriate to determine whether the retail project would benefit in overall reduction of regional VMT. Therefore, a net reduction in total VMT would be the appropriate metric to determine VMT impacts for such projects. Total roadway VMT needs to be calculated using the final roadway assignment outputs from the TCAG model.
No other discrete land use types are identified for threshold development. For other non‐residential projects, a significance threshold of 84 percent of existing regional average VMT per employee has been established. The only exceptions would be hotels, hospitals, medical offices, and related projects. These land uses are non‐retail lodging or medical facilities which includes both visitors/patients and employees. Therefore, for such projects, Origin‐Destination (O‐D) VMT per service population (population/users + employment) has been established as the VMT metric. Any other similar use could be evaluated using the same metric subject to approval of the methodology by the City on a case‐by‐case basis. As such, a significance threshold of 84 percent of the existing regional average VMT per service population will be applied for these projects. Additionally, for industrial land uses, including High‐Cube warehouse, warehouse, light industrial, manufacturing, and similar truck intensive uses, the VMT per service population needs to be applied as the appropriate metric that takes into account both passenger vehicle and truck VMT. A significance threshold of 84 percent of existing regional VMT per service population will also be applied as a threshold for such projects.
Mixed‐use projects should be evaluated for each land use component of the project using the most appropriate VMT metric. in their entirety or the City may use the predominant land use type for the analysis. The City will make a determination of the predominant land use type on a case‐by‐case basis based on the project description. Credit for internal trip capture should be made. Internal trip capture may be calculated using the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Handbook (for smaller projects), the TCAG 2022 RTP Model (for larger projects), or other applicable sources approved by the City.
4.2 LAND USE PROJECT VMT ANALYSIS/MITIGATION PROCEDURE
Figure 10 illustrates the VMT screening methodology for development entitlement projects.
Additionally, Figures 11‐A through 11‐C illustrate the VMT analysis methodology for non‐screened projects. Every development application is unique and may create alternative or modified steps through the process described in the aforementioned figures. Each step that diverges from this standard process should be accompanied with substantial evidence demonstrating compliance with other climate change and GHG emission reduction laws and regulations.
4.2.1 Agency Communication
After the Site Plan Review process, the applicant should seek a meeting with City staff to discuss the project description, potential resident/employee numbers, and the analysis methodology. Key elements to address include a description of the project in sufficient detail to generate trips and identify the potential catchment area (i.e., trip lengths if no modeling is undertaken), estimate project VMT, discuss project design features that may reduce VMT from the project development, and discuss the project location and associated existing regional VMT percentages. As a result of the 261
27 meeting, the applicant or their consultant shall prepare a transportation analysis scope of work for review and approval by the City.
Projects that will influence Caltrans facilities may be subject to the Caltrans Local Development‐ Intergovernmental Review program. As part of the program, Caltrans may review the VMT analysis methodology, findings, and mitigation measures, with an eye toward statewide consistency.
Figure 10: VMT Screening Methodology for Development Projects 262
28 Figure 11‐A: VMT Analysis Methodology for Residential Projects 263
29 Figure 11‐B: VMT Analysis Methodology for Non‐Retail Non‐Residential Projects 264
30 Figure 11‐C: VMT Analysis Methodology for Retail Projects 265
31 4.2.2 Project Screening
Once a development application is filed and the meeting is held, project screening is conducted as the initial step. If the project meets any one of the screening criteria, the project may be presumed to create a less than significant impact. No further VMT analysis would be necessary. The CEQA document should enumerate the screening criteria and how the project meets or exceeds that threshold. If project screening does not apply, a VMT analysis would be required. The extent of this analysis may be a simple algebraic demonstration or a more sophisticated traffic modeling exercise.
This distinction is addressed later.
4.2.3 Development Project VMT Analysis
The first step is to identify the project land use type and the appropriate metric to use, i.e., VMT per capita, VMT per employee, VMT per service population, or total regional VMT. The metric should be VMT per capita for residential projects, VMT per employee for office, VMT per service population for lodging, and medical land uses, including hotels, hospitals, medical office projects, and total VMT for retail or retail service oriented projects. For mixed‐use projects, respective VMT metrics for its different land use components should be used. Additionally, the City may allow use of the predominant land use and corresponding metric in a case‐by‐case basis for mixed‐use projects.
For all other uses, the metric used should be VMT per employee with the exception of industrial land uses. For industrial land uses, the Origin‐Destination (O‐D) VMT per service population needs to be applied as the appropriate metric that takes into account both passenger vehicle and truck VMT.
4.2.4 Large Project VMT Analysis
For large or multi‐use projects, use of the TCAG 2022 RTP Model is required. For purposes of City review, all projects should use the TCAG 2022 RTP Model. At this level of trip generation, the probability of trip fulfilment expands to an area greater than the immediate project location and may include a greater regional attraction. The TCAG 2022 RTP Model can more accurately define the select links used and the total VMT generated by the project.
Next, the project‐generated VMT (per capita, per employee, per service population, or total) is compared to the appropriate significance threshold as described in Section 4.1. If the project VMT metric is less than the significance threshold, the project is presumed to create a less than significant impact. No further VMT analysis is required. If the project VMT metric is greater than the significance threshold, mitigation measures are required.
4.3 MITIGATION MEASURES
The applicant is required, per CEQA, to identify feasible offsets to completely mitigate the impact created by the project. These can come from the mitigation strategies provided by the City (Appendices A and B) or selected based on the applicant and their CEQA team experience. The City must approve and accept the ultimate mitigation ascribed to the project and the related VMT percentage reduction. A detailed discussion about project specific mitigations is included in Section
7.2.1. 266
32 If the mitigation measures mitigate the project impact to less than the jurisdictional threshold, the project is presumed to have an impact mitigated to a less than significant level. No further VMT analysis is required. If the project’s VMT impact cannot be mitigated, the City may 1) request the project be redesigned, relocated, or realigned to reduce the VMT impact, or 2) require the preparation of an EIR with a Statement of Overriding Considerations (SOC) for the transportation impacts associated with the project. All feasible mitigation measures must be assigned to and carried out by the project even if an EIR/SOC is prepared. 267
33 5.0 THRESHOLDS AND INDUCED VMT ANALYSIS FOR TRANSPORTATION
PROJECTS
The 2020 CEQA Guidelines include Section 15064.3.b.(2) to address transportation projects. It reads:
For roadway capacity projects, agencies have the discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements.
The City may continue to use delay and LOS for transportation projects for design and traffic operation purposes as long as impacts related to “other applicable requirements” are disclosed. This has generally been interpreted as VMT impacts and other State climate change objectives. These other applicable requirements may be found in other parts of an environmental document (i.e., air quality, GHG), or may be provided in greater detail in the transportation section.
For projects on the State highway system, Caltrans will use and will require sponsoring agencies to use VMT as the CEQA metric, and Caltrans and will evaluate the VMT “attributable to the project” (January 9, 2020, conference). Caltrans’ Intergovernmental Review will review environmental documents for capacity‐enhancing projects for their analysis of VMT change.
The assessment of a transportation project’s VMT should disclose the VMT without the project and the difference in VMT with the project. Any growth in VMT attributable to the transportation project would result in a significant impact. A significant transportation project impact is presumed when the VMT increases over the No Project condition.
Capacity improvement projects have the potential of producing significant transportation impacts because they are likely to induce travel. According to the OPR TA, induced travel is the additional vehicle travel that is caused by the new capacity on the roadway. The induced travel could include route switching, time‐of‐day change, model shift, longer trips, new trips to existing destinations, and additional travel due to new development. Current traffic models have limited abilities to forecast new trips and new developments associated with the capacity improvements, as their land use or socioeconomic databases are fixed to a horizon date. OPR refers to a limited set of reports that would indicate elasticities.
The most recent major study (Duranton & Turner 2011, p. 24), estimates an elasticity of 1.0, meaning that every 1 percent change in lane miles results in a 1 percent increase in VMT.
The TA presents one method to identify the induced growth, as follows.
To estimate VMT impacts from roadway expansion projects:
1. Determine the total lane‐miles over an area that fully captures travel behavior changes resulting from the project (generally the region, but for projects affecting interregional travel look at all affected regions).
2. Determine the percentage change in total lane miles that will result from the project.
3. Determine the total existing VMT over that same area. 268
34 4. Multiply the percentage increase in lane miles by the existing VMT, and then multiply that by the elasticity from the induced travel literature:
[% increase in lane miles] × [existing VMT] × [elasticity] = [VMT resulting from the project] OPR assigns this induced growth to induced land use; that is, land use not included in any approved general or area plan and not accounted for in any traffic‐forecasting tool.
Figure 12 provides a representative illustration of induced VMT attributable to a project.
Source: Presentation: Caltrans Transportation Analysis under CEQA or TAC: Significance Determinations for Induced Travel Analysis (SHCC Pre‐Release Session 2 Jeremy Ketchum, Division of Environmental Analysis, Caltrans; March 2, 2020)
Figure 12: Induced Travel – VMT Attributable to Project Caltrans has identified a computerized tool that estimates VMT generation from transportation projects. It was developed at University of California, Davis and is based on elasticities and the relationship of lane mile additions and growth in VMT. It uses Federal Highway Administration definitions of facility type and ascribes VMT increases to each facility. Output includes increases in million miles of VMT per year. Caltrans is investigating its use for all its VMT analyses of capital projects on the State Highway System. Figure 13 provides an illustration of that tool. 269
35 Source: https://blinktag.com/induced‐travel‐calculator/index.html Figure 13: Caltrans Induced Travel Calculator
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36 The TA provides other options to identify induced growth‐ and project‐related VMT. These include:
1. Employ an expert panel. An expert panel could assess changes to land use development that would likely result from the project. This assessment could then be analyzed by the travel demand model to assess effects on vehicle travel. Induced vehicle travel assessed via this approach should be verified using elasticities found in the academic literature.
2. Adjust model results to align with the empirical research. If the travel demand model analysis is performed without incorporating projected land use changes resulting from the project, the assessed vehicle travel should be adjusted upward to account for those land use changes. The assessed VMT after adjustment should fall within the range found in the academic literature.
3. Employ a land use model, running it iteratively with a travel demand model. A land use model can be used to estimate the land use effects of a roadway capacity increase, and the traffic patterns that result from the land use change can then be fed back into the travel demand model. The land use model and travel demand model can be iterated to produce an accurate result.
The TA provides a final warning:
Whenever employing a travel demand model to assess induced vehicle travel, any limitation or known lack of sensitivity in the analysis that might cause substantial errors in the VMT estimate (for example, model insensitivity to one of the components of induced VMT described above) should be disclosed and characterized, and a description should be provided on how it could influence the analysis results. A discussion of the potential error or bias should be carried into analyses that rely on the VMT analysis, such as greenhouse gas emissions, air quality, energy, and noise.
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37 6.0 SIGNIFICANCE THRESHOLDS FOR LAND USE PLANS
The OPR TA has provided guidance on the treatment of CEQA traffic analyses for land use plans in the TA. The TA reiterates previous direction regarding individual land use assessments:
Analyze the VMT outcomes over the full area over which the plan may substantively affect travel patterns (the definition of region).
VMT should be counted in full rather than split between origins and destinations (the full impact of the project VMT).
The TA provides a single sentence as consideration for land use plans. It states, “A general plan, area plan, or community plan may have a significant impact on transportation if proposed new residential, office or retail land uses would in aggregate exceed the respective thresholds recommended above.” This recommendation refers to a threshold of 84 percent or lower than the existing regional average for residential and office uses and no net gain for retail land uses.
To assess a land use plan, use of a traffic‐forecasting tool is recommended. The total VMT for the plan should be identified for all trips and all potential VMT contributors within the plan area. Model runs should be conducted for the existing base year and the horizon year (the future year scenario analyzed in the Circulation Element of the City’s General Plan) with project (plan).
The SB 375 process establishes ambitious and achievable GHG reduction targets for the 18 MPOs in the State. The achievements of the targets are provided through the integration of land use planning and transportation planning; not solely through the imposition of regulation on passenger cars and light‐duty trucks. CARB reviews the SCS that is produced as part of the RTP produced by each of the State’s MPOs. The SCS details the strategies and programs the regional agencies are planning to implement to achieve its designated GHG emission reduction targets. CARB approved the new GHG reduction targets for all the 18 MPOs in the State in the spring of 2018. The 2018 targets are applicable to the third SCSs for the MPOs.
Other legislative mandates and State policies speak to GHG reduction targets. A sample of these include:
Assembly Bill 32 (2006) requires statewide GHG emissions reductions to 1990 levels by 2020 and continued reductions beyond 2020.
SB 32 (2016) requires at least a 40 percent reduction in GHG emissions from 1990 levels by 2030.
Executive Order (EO) B‐30‐15 (2015) sets a GHG emissions reduction target of 40 percent below 1990 levels by 2030.
EO S‐3‐05 (2005) sets a GHG emissions reduction target of 80 percent below 1990 levels by 2050.
EO B‐16‐12 (2012) specifies a GHG emissions reduction target of 80 percent below 1990 levels by 2050 specifically for transportation.
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38 California PRC Section 15064.3(b)(4) states (in part) the following:
A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household, or in any other measure.
Since VMT is the largest contributor to GHG emissions, a land use plan consistent with regional RTP/ SCS GHG reductions target does not constitute a significant VMT impact. Therefore, the recommended methodology for conducting VMT assessments for land use plans shall be the comparison of existing VMT per capita, VMT per employee, and/or VMT per service population for the region with the respective expected horizon year VMT metrics for the different land use components (VMT per capita, VMT per employee, and/or VMT per service population) of the land use plan (project). If there is a net increase in the VMT metric under horizon year conditions, then the project will have a significant impact.
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39 7.0 MITIGATION STRATEGIES
When a lead agency identifies a significant CEQA impact according to the thresholds described above, the agency must identify feasible mitigation measures in order to avoid or substantially reduce that impact. Although previous LOS impacts could be mitigated with location‐specific LOS improvements, VMT impacts will require mitigation of regional impacts through other means, including, but not limited to, behavioral changes. Enforcement of mitigation measures will still be subject to the mitigation monitoring requirements of CEQA, as well as the regular police powers of the agency. These measures can also be incorporated as a part of plans, policies, regulations, or project designs.
7.1 DEFINITION OF MITIGATION
Section 15370 of the 2020 State CEQA Guidelines defines mitigations as follows:
“Mitigation” includes:
a. Avoiding the impact altogether by not taking a certain action or parts of an action. b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
c. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
e. Compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.
Section 15097 of the CEQA Guidelines states that “the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.” “Reporting” includes writing a compliance review to be presented to the decision making body or an authorized person. It is suitable for projects where the mitigation measures are readily measured or quantified, or which already involve regular review. On the other hand, “monitoring” is a periodic or ongoing process of project oversight and is suited for projects with complex mitigation measures, which may exceed the expertise of the local agency to oversee and are expected to be implemented over a period of time, or require careful implementation to assure compliance.
VMT mitigations may not be physical improvements. Such improvements are complex in nature and will significantly depend on changes in human behavior. Therefore, it will be important that lead 274
40 agencies develop a proper monitoring program to ensure the implementation of these mitigation measures throughout the life of a project, in compliance with CEQA. The City must also coordinate with other responsible agencies as part of this monitoring program to determine the feasibility of the mitigations and whether they will last in perpetuity.
Historically, mitigation measures for LOS‐based transportation impacts have addressed either trip generation reductions or traffic‐flow‐capacity enhancements. LOS mitigation measures include adding capacity to intersections, roadways, ramps, and freeways. However, transportation demand management (TDM) actions, active transportation amenities, and other measures to reduce the number of trips creating an impact are also possible mitigation strategies.
LOS‐based mitigations are mostly physical improvements whose benefits are observable, measurable, and virtually perpetual. The addition of a left‐turn lane at an intersection will behave similarly regardless of location and will continue to perform as intended until the lane is removed or modified. A lane mile of roadway will carry a similar volume of traffic if designed consistently across most jurisdictions in California, and it will continue to do so as long as the lane exists.
The definition of VMT mitigation measures is somewhat different. Most VMT mitigations may seem feasible from a theoretical perspective, but practical implementation of these strategies as formal CEQA mitigation measures in perpetuity is yet to be tested. Several of these mitigations are contextual and behavioral in nature. Their success will depend on the size and location of the project as well as expected changes in human behavior. For example, a project providing a bike share program does not necessarily guarantee a behavioral change within the project’s population; the level of improvement may be uncertain and subject to the whim of the population affected.
LOS mitigations (such as addition of turn lanes) focus more on rectifying a physical CEQA impact (strategy “c” of State CEQA Guidelines Section 15370). On the contrary, the majority of VMT mitigations (such as commute trip‐reduction programs) will aim at reducing or eliminating an impact over time through preservation and monitoring over the life of the project (strategy “d” of State CEQA Guidelines Section 15370). Additionally, some VMT mitigations (such as those focused on land use/location‐based policies) will aim at minimizing impacts by reducing the number of trips generated by the projects (strategy “b” of State CEQA Guidelines Section 15370).
Furthermore, it may be that identified VMT impacts cannot be mitigated at the project‐specific level.
Most VMT impacts are in the context of the region of analysis. The incremental change in VMT associated with a project in the particular setting in which it may be located would suggest a greater VMT deficit than individual strategies can offset. Only a regional solution (e.g., completion of a transit system, purchase of more transit buses, or gap closure of an entire bicycle master plan system) may offer the incremental change necessary to reduce the VMT impact to a level of insignificance. Also, VMT, as a proxy for GHG emissions, may not require locational specificity. A project does not necessarily need to diminish the VMT at the project site to gain benefit in VMT and GHG reduction in the State. Offsets in an area where the benefit would be greater will have a more effective reduction in VMT and GHG and contribute to the State’s ultimate climate goals. This is the basis for the cap‐and‐trade strategies.
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41 These issues of regional scale, partial participation, and geographic ambiguity confound the certainty of the City’s identification of VMT mitigation measures. Section 15126.4 of the State CEQA Guidelines states, “Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures shall not be deferred until some future time [emphasis added].” Certainty does not yet exist that partial participation in VMT mitigation measures is permissible. Regional VMT mitigation is considered the most effective method for large‐scale VMT reduction, yet the cost and implementation barriers are greater in most cases than one project can undertake. The only exception may be where VMT mitigation strategies are provided at a regional level in the form of mitigation banks, fees, and exchanges and the projects are subject to contribute to these fee programs consistent with applicable provision to ensure compliance and consistency with CEQA and other legal requirements.
Section 21099 (b) (4) of the PRC states, “This subdivision [requiring a new transportation metric under CEQA] does not preclude the application of local general plan policies, zoning codes, conditions of approval, thresholds, or any other planning requirements pursuant to the police power or any other authority.” Hence, despite the fact that automobile delay will no longer be considered a significant impact under CEQA, the City can still require projects to meet the LOS standards designated in its zoning code or general plan. Therefore, in that case, the project might still be required to propose LOS improvements for congestion relief in addition to VMT strategies as CEQA mitigation measures.
7.2 MITIGATION MEASURES AND PROJECT ALTERNATIVES
7.2.1 Land Development Projects and Community/General Plans Mitigations and project alternatives for VMT impacts
have been suggested by the OPR and are included in
the TA. VMT mitigations can be extremely diverse and
can be classified under several categories such as land use/location, road pricing, transit improvements,
commute trip reduction strategies, and parking
pricing/policy. However, the issue with VMT
mitigations is the quantitative measurement of the
relief provided by the strategies. How much VMT
reduction does a TDM program, a bike share
program, a transit route, or 1 mile of sidewalk
provide? Improvements related to VMT reduction strategies have been quantified in sources such as the California Air Pollution Control Officers Association (CAPCOA) report Quantifying Greenhouse Gas Mitigation Measures (CAPCOA Green Book) and CARB sources, and are generally presented in wide ranges of potential VMT reduction percentages.
Appendix A is a summary of the different VMT mitigation measures and project alternatives stated in the CAPCOA Green Book (only those strategies directly attributed to transportation) and the OPR TA for development projects. It also refers to mitigation measures listed in other sources such as the VMT Measurement Calculator for the City of Los Angeles, the transportation analysis guidelines for
Transit System in the City of Visalia
Source:https://thesungazette.com/article/visalia/2016/08/17/visalia‐ transit‐makes‐changes‐to‐routes‐fares/
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42 the City of San Jose and the San Diego Region, and the Memorandum Analysis of VMT Mitigation Measures Pursuant to SB 743, prepared by Iteris, Inc., for the Los Angeles County Metropolitan Transportation Authority.
Appendix B provides a list of mitigations for
development projects based on the research work
performed by Deborah Salon, Marlon G. Boarnet,
Susan Handy, Steven Spears, and Gil Tal with the
support of the CARB. For one mitigation measure
(Vanpools), LSA and the City conducted additional
research as applicable to Visalia using locally available empirical data. Based on that analysis, specific VMT
reduction percentage has been developed for this
mitigation measure. For all other mitigation
measures, the project applicant will be required to
provide substantial evidence while identifying a
project‐specific value. In case that information is not available, the project should apply the low point of provided ranges for VMT reduction. Where a mitigation strategy does not have an identified VMT reduction range, the project applicant would be required to provide a reduction estimate supported by evidence.
As for land use plans, the potential mitigation measures for community/general plans would be similar to those for development projects, with certain modifications. The OPR TA does not specifically state any VMT mitigations for land use plans. However, these measures have been summarized in Appendix C along with corresponding VMT reduction percentages obtained from CAPCOA.
It must be noted that Appendices A through C provide only summaries of the mitigations stated in the sources mentioned above. The reader should refer to the original source for further details and for subsequent updates to the mitigation measures. Also, Appendices A through C do not provide an exhaustive list of mitigation measures to offset the CEQA impacts. Other measures can also be accepted by the City based on provision of substantial evidence.
As additional mitigation measures are developed to offset VMT impacts in the future for the State CEQA Guidelines process, linkages between the strategy and the incremental effect and quantified offset must be made. This can be based on other sources’ observations and measurements or the City’s experience in these practices. The key to mitigation is to base its efficacy on real and substantial evidence.
7.2.2 Transportation Projects
Although OPR provides detailed guidance on how to assess induced‐growth impacts associated with transportation projects, it leaves the subject of mitigation measures vague. Only four strategies are suggested as mitigation measures:
Tolling new lanes to encourage carpools and fund transit improvements;
Bike Trail in the City of Visalia
Source: http://papertrailpod.com/visalia‐completes‐nearly‐40‐mil‐in‐ projects‐in‐2017/
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43 Converting existing general‐purpose lanes to HOV or HOT lanes; Implementing or funding off‐site travel demand management; and Implementing Intelligent Transportation Systems strategies to improve passenger throughput on existing lanes.
No quantified reduction percentage is allocated to these strategies and LSA could find no substantial evidence that would provide guidance to levels of significance after implementation of these strategies. Review of the four recommended strategies suggests that OPR is directing strategies away from general‐purpose mixed‐flow lanes on expressways, freeways, and arterial highways. It should be noted, that the first two mitigation strategies will not be applicable to the City. Additionally, in as much as these are the project descriptions and Purpose and Need, the project intent and the project mitigation may be at odds. The City would be subject to an SOC for the capital project VMT impact.
7.3 FUNDING MECHANISMS
The change in the metric for transportation impacts from LOS to VMT will lead to a shift in impacts and mitigation measures from being local and project‐specific to being more regional in nature. OPR acknowledges the regional nature of VMT impacts and states that regional VMT reduction programs and fee programs (in‐lieu fees and development impact fees) may be appropriate forms of mitigation. Fee programs are particularly useful to address cumulative impacts. It is very important for the City to coordinate with TCAG to develop such mitigation programs that would fund transit, develop active transportation plans, etc. These programs are regional in nature and best suited for administration by the regional agency. Regional agencies may also wish to coordinate with appropriate stakeholders, including participating local jurisdictions, developers, and other interests while conducting nexus studies and checking for rough proportionality and compliance with CEQA.
Most of the VMT mitigations included in Appendix A are applicable in urban areas. They are less effective in suburban and rural contexts, where TDM strategies may become diluted or are not applicable. Thus, site‐specific strategies are more suitable in urban areas, whereas program‐level strategies are more suitable for projects in suburban/rural areas. In the latter approach, cumulative contributions for development mitigations can pay for VMT reduction strategies that would not be feasible for the individual projects to implement themselves. Apart from fee programs, program‐based mitigation approaches may include mitigation exchanges and mitigation banks. The mitigation exchange concept requires a developer to implement a predetermined project that would reduce VMT in order to propose a new one. On the other hand, the concept of mitigation banks seeks to establish monetary values for VMT reductions so that developers can purchase VMT reduction credits.
As previously stated, VMT impacts are more regional in nature. Hence, there might be requirements for mitigations outside the control of the City, and without consent from the agency controlling the mitigations, the impacts might remain significant and unavoidable. Additionally, identification of regional improvements where projects can contribute their fair share to mitigate impacts might prove to be difficult. Therefore, the City may work collaboratively within its regions to ultimately establish fee programs, mitigation banks, and exchanges as the most efficient way to establish a regional mitigation pathway where the projects can contribute. Procedural flow charts for VMT banks, exchanges, and impact fees are illustrated in Figures 14, 15 and 16, respectively. 278
44 Figure 14: Procedural Flow Chart – VMT Bank
Source: VMT Mitigation Through Banks and Exchanges: Understanding New Mitigation Approaches. A White Paper by Fehr & Peers (January 2020). 279
45 Figure 15: Procedural Flow Chart – VMT Exchange
Source: VMT Mitigation Through Banks and Exchanges: Understanding New Mitigation Approaches. A White Paper by Fehr & Peers (January 2020). 280
46 Figure 16: Procedural Flow Chart – VMT Impact Fee
Source: Understanding New Mitigation Approaches. A White Paper by Fehr & Peers (January 2020).
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47 8.0 VISALIA GENERAL PLAN CONSISTENCY ANALYSIS
While the City has yet to incorporate specific VMT‐based objectives and policies into its General Plan, several objectives and policies approved in the current General Plan Update (adopted October 14, 2014) address VMT and GHG reduction pertaining to SB 743 requirements. These objectives and policies are mostly included in three chapters of the General Plan, Chapter 2 (Land Use), Chapter 4 (Circulation) and Chapter 7 (Air Quality and Greenhouse Gases).
8.1 OBJECTIVES AND POLICIES: LAND USE
8.1.1 Objectives
Following is a list of objectives included in the Land Use chapter of the City’s current General Plan:
LU‐O‐9: Implement and periodically update a growth management system that will guide the timing, type, and location of growth; preserve resource lands, natural features, and open space; and promote infill and redevelopment.
LU‐O‐13: Minimize urban sprawl and leap‐frog development by encouraging compact, concentric, and contiguous growth.
LU‐O‐14: Create an overall urban form centered on a vital downtown and a higher‐density core, surrounded by viable residential neighborhoods with walkable, mixed‐use neighborhood centers.
LU‐O‐16: Create a safe, walkable, and attractive urban environment for current and future generations of residents.
LU‐O‐18: Implement and periodically update an infill development incentive program to achieve the objectives of compact development established by this General Plan. LU‐O‐22: Create inclusive, compact neighborhoods with well‐integrated single‐family and multifamily residential development and activity nodes featuring schools, neighborhood parks, and neighborhood commercial areas.
LU‐O‐24: Enable multifamily developments that are accessible to major transportation and transit routes.
LU‐O‐28: Promote pedestrian‐oriented retail and mixed‐use development along transit corridors, in neighborhood nodes, and in Downtown and East Downtown. LU‐O‐35: Plan for the integration of public facilities with surrounding districts, so that hospitals, schools, and libraries act as hubs for mixed‐use activity centers and are easily accessible to the majority of residents in Visalia.
8.1.2 Policies
Following is a list of policies included in the Land Use chapter of the City’s current General Plan:
282
48 LU‐P‐13: Provide incentives for new and existing business and industry to adopt local‐hire policies, and give preferential credit to contractors on public projects that employ Visalia residents.
LU‐P‐19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.
o The General Plan Land Use Diagram establishes three growth rings to accommodate estimated City population for the years 2020 and 2030. The Urban Development Boundary I (UDB I) shares its boundaries with the 2012 City limits. The Urban Development Boundary II (UDB II) defines the urbanizable area within which a full range of urban services will need to be extended in the first phase of anticipated growth with a target buildout population of 178,000. The Urban Growth Boundary (UGB) defines full buildout of the General Plan with a target buildout population of 210,000. Each growth ring enables the City to expand in all four quadrants, reinforcing a concentric growth pattern. LU‐P‐45: Promote development of vacant, underdeveloped, and/or redevelopable land within the City limits where urban services are available and adopt a bonus/incentive program to promote and facilitate infill development in order to reduce the need for annexation and conversion of prime agricultural land and achieve the objectives of compact development established in this General Plan.
o Techniques to be used include designation of infill opportunity zones as part of the implementation process and provision of incentives, such as reduced parking and streamlined review, residential density bonuses, and floor area bonuses for mixed‐use and/ or higher‐density development, subject to design criteria and findings of community benefit. LU‐P‐46: Adopt and implement an incentive program for residential infill development of existing vacant lots and underutilized sites within the City limits as a strategy to help to meet the future growth needs of the community.
o Infill will be supported by increasing allowable density or decreasing minimum lot size under zoning to the maximum limits set by the General Plan, by reducing off‐street parking requirements, by creating an Infill Incentive Zone where reduced fees and other incentives may apply because infrastructure is in place, and by providing incentives that respond to different challenges (for example in Downtown or in historically underutilized areas). Infill development also is supported by growth management policies; see Policy LU‐P‐21 for details.
LU‐P‐47: Ensure that new neighborhoods meet land use mix standards established in Table 2‐7 of the General Plan. The ranges indicated—the minimum and maximum levels of development for each type of land use—are intended to allow for flexibility in master planning in response to market conditions, infrastructure costs, and site planning policies. LU‐P‐48: Establish criteria and standards for pedestrian, bicycle, and vehicle circulation networks within new subdivisions and nonresidential development. o These will be in the updated zoning ordinance and the updated subdivision ordinance. 283
49 LU‐P‐53: Integrate multifamily development with commercial, office, and public uses in neighborhood nodes, Downtown, and with Commercial Mixed‐Use areas in East Downtown, along the Mooney corridor and elsewhere.
o Multifamily housing should be accessible on foot to public parks and gathering places, commercial areas, and transit.
LU‐P‐58: Establish an Affordable Housing Overlay Zoning District (AHO) to promote the development of affordable housing on infill land within the existing City limits in areas designated by the General Plan for multifamily residential development. Participation by affordable housing developers in the AHO program would be voluntary, with the incentives offered intended to make development of affordable housing feasible. o The City will continue to work with affordable housing developers to provide housing development opportunities that are geographically accessible to services, retail clusters, transportation corridors, and key nodes. The AHO Zoning District would be an alternative to the State‐mandated Residential Density Bonus Program and could be applied for qualifying projects as a “floating zone” and not require a General Plan Amendment. It should be noted that in some cases rezoning would be required to be consistent with the General Plan Land Use designation. Such rezoning would be done concurrently with adoption of the AHO Zoning District for the site. Application requirements would be the same as those for the State‐ Mandated Residential Density Bonus Program, modified, as appropriate for the purposes of this district.
The City will initiate a work program to analyze the various options for an AHO Zoning District including the consideration of, at a minimum, the following development incentives:
Residential density increase beyond those provided by State Density Bonus Law; Flexible zoning standards, including reduced development and parking standards, coupled with Form‐Based Code standards for infill sites to ensure land use compatibility; Priority permit processing, including any applicable CEQA exemptions; Design Review requirements; and
Deferral or reduction of City permit and development impact fees based on the Priority Zone designation for the site, as defined by the Infill Development Incentive Program. LU‐P‐75: Provide incentives for infill development of opportunity sites and adaptive reuse and restoration of existing buildings in Downtown and East Downtown. o New development in Downtown and East Downtown will realize the inherent potential for higher intensity use of this district, and should include offices, mixed‐use and live‐work buildings, storefront commercial buildings, apartments, condominiums and townhouses, and small‐lot single‐family houses. See also policies in Section 2.8. LU‐P‐84: Plan for new neighborhoods in East Downtown to provide high‐quality living environments in a variety of settings, as follows:
o Santa Fe is to become a mixed‐use address providing an opportunity to expand downtown’s commercial activities, with residential use complementing offices in mixed‐use projects. 284
50 o East Main has a large number of existing buildings that can be adaptively reused for commercial and residential uses. On the south side of the proposed Civic Center Park are sites that can take advantage of overlooking Mill Creek and the Civic Center. On blocks contiguous to East Main Street are sites that can accommodate a mix of commercial and residential uses. South of Acequia are larger sites that can become a townhouse neighborhood.
o The Central Park Neighborhood would face the proposed new Central Park and the Jennings Ditch water feature, and would include townhouses, stacked flats, and apartments with ground floor commercial or live‐work uses.
o The Civic Center creates a place that is central to the region as part of a transit hub, integrated into a vibrant urban center, and a catalyst for commercial and cultural investment.
LU‐P‐101: As part of industrial developments, allow secondary uses such as restaurants, cafes, small convenience stores and daycare facilities, to serve area employees.
8.2 OBJECTIVES AND POLICIES: CIRCULATION
8.2.1 Objectives
Following is a list of objectives included in the Circulation chapter of the City’s current General Plan:
T‐O‐3: Promote ways to reduce the number of peak hour trips and vehicle‐miles traveled in the Planning Area.
T‐O‐5: Plan and develop a transportation system for Visalia that contributes to community livability, recognizes and respects community characteristics, and minimizes negative impacts on adjacent land uses.
T‐O‐6: Work with other agencies and jurisdictions that provide regional public transportation to provide connectivity between Visalia and adjacent jurisdictions. T‐O‐7: Develop and maintain a coordinated mass transportation system that will encourage increased transit use through convenient, safe, efficient, and cost‐effective services. T‐O‐8: Encourage walking and bicycling in Visalia for commuting and recreational purposes, and for improvement of public and environmental health.
T‐O‐9: Promote non‐motorized accessibility through development of a connected, convenient pedestrian and bikeway network.
T‐O‐10: Create a safe and feasible pedestrian, trail and bikeway system (on‐ and off‐street) for commuting, recreation and other trips, serving pedestrians and cyclists of all levels. T‐O‐12: Provide adequate parking to accommodate demand while avoiding excessive amounts of surface parking that disrupts the urban fabric of the City. T‐O‐15: Develop and maintain a coordinated mass transportation system that will encourage increased transit and rail use through convenient, safe, efficient, and cost‐effective services. 285
51 8.2.2 Policies
Following is a list of policies included in the Circulation chapter of the City’s current General Plan:
T‐P‐1: Provide transportation facilities based on a “Complete Streets” concept that facilitate the balanced use of all travel modes (pedestrians, bicyclists, motorists, and transit users), meeting the transportation needs of all ages and abilities and providing mobility for a variety of trip purposes.
T‐P‐11: Update the City of Visalia Engineering and Street Design Standards to ensure that roadway and streetscape design specifications are in accordance with the “Complete Streets” concept and other policies in this General Plan.
o Updated design standards must allow flexibility to accommodate retrofitting streets with limited right‐of‐way. In order to accommodate all travel modes, adjustments may be made to median, travel lane, and bike lane widths; alternate bikeway routes on parallel facilities may also be considered.
T‐P‐19: Pursue Transportation System Management (TSM) for the mitigation of traffic and parking congestion.
o Public transit, traffic management, ride sharing, and parking management can be used to implement TSM strategies.
T‐P‐20: Work with major employers and the Tulare County Association of Governments (TCAG) to reduce total vehicle miles traveled and the total number of daily and peak hour vehicle trips and provide better utilization of the transportation system through development and implementation of Transportation Demand Management (TDM) strategies that are tailored to the needs of geographic areas within the City and the time period of traffic congestion. o These may include the implementation staggered work hours, utilization of telecommuting, increased use of ridesharing in the public and private sectors, and provision for bicyclists. T‐P‐21: Coordinate with the College of the Sequoias to develop a transportation plan that ensures that the College provides adequate parking areas for students and faculty; improves circulation issues on and adjacent to campus; integrates transit; and incorporates Transportation Demand Management (TDM) strategies such as incentives for ridesharing and facilities for bicyclists.
o The plan should minimize negative impacts on surrounding residential areas and on the transportation system.
T‐P‐30: Give high priority to public transportation systems that are responsive to the needs of commuters, the elderly, persons with disabilities, the youth, and low‐income citizens. Continue to work with transit providers to expand services to these populations and to underserved areas of the City.
T‐P‐31: Seek cooperation with Tulare County Association of Governments and Visalia City Coach to attain a balance of public transportation opportunities. Additional details are provided in the City’s General Plan.
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52 T‐P‐32: Work with transit operators to ensure that adequate transit service facilities are provided, including bus turnouts along arterials when needed, and bus stop amenities including, but not limited to, lighted shelters, benches, and route information signs. T‐P‐33: Work with transit operators to establish transit stops adjacent to community and regional parks, senior housing facilities, areas with a high concentration of medical facilities, major employment centers, and major retail and commercial centers. T‐P‐34: Develop design and development standards to improve transit service in the community.
Additional details are provided in the City’s General Plan. T‐P‐35: Schedule public transportation improvement projects in the Capital Improvements Program.
T‐P‐36: Participate in the planning process for a potential Cross Valley Rail Line, which could provide east‐west light rail service from Visalia to Huron and potentially connect to a future High Speed Rail system.
T‐P‐37: Evaluate the feasibility of a future local light rail system or bus rapid transit (BRT) system in Visalia, which could connect to Tulare to the south and points east and west. o The City should preserve right‐of‐way to support the preliminary light rail corridor or BRT system along Goshen Avenue, K Street, Santa Fe Avenue, and other roadways, if either system is judged financially feasible.
T‐P‐38: Support regional high‐speed inter‐city rail development and service. Should California High Speed Rail develop a station in Hanford (or elsewhere in Kings or Tulare Counties), work with the California High Speed Rail Authority to develop local connections coordinated with the train schedule.
T‐P‐39: Develop bikeways consistent with the Visalia Bikeway Plan and the General Plan’s Circulation Element.
T‐P‐40: Develop a communitywide trail system along selected planning area waterways, consistent with the Waterways and Trails Master Plan and General Plan diagrams. Additional details are provided in the City’s General Plan.
T‐P‐41: Integrate the bicycle transportation system into new development and infill redevelopment. Development shall provide short‐term bicycle parking and long‐term bicycle storage facilities, such as bicycle racks, stocks, and rental bicycle lockers. Development also shall provide safe and convenient bicycle and pedestrian access to high activity land uses such as schools, parks, shopping, employment, and entertainment centers. T‐P‐42: Periodically update the City of Visalia Bikeway Plan, as needed. T‐P‐43: Develop and maintain an educational program to promote bicycle use and safety. T‐P‐44: Increase the safety of those traveling by bicycle. Additional details are provided in the City’s General Plan.
T‐P‐45: Require that collector streets that are identified to function as links for the bicycle transportation system be provided with Class II bikeways (bike lanes) or signed as Class III bike route facilities.
287
53 o In such cases, the City may accommodate cyclists on these identified streets by widening the street or eliminating on‐street parking if this will not significantly affect parking opportunities for local shoppers or by clearly indicating that bicycles may share travel lanes with automobiles.
T‐P‐46: Cooperate with other agencies to provide connection and continuation of bicycle corridors between Visalia and surrounding areas.
T‐P‐47: Seek funding at the private, local, State, and federal levels for the expansion of the bicycle transportation system.
T‐P‐48: Require construction of minimum sidewalk widths and pedestrian “clear zones” consistent with the Complete Streets cross‐sections in this General Plan and with the City’s Engineering and Street Design Standards for each designated street type. T‐P‐51: Locate sidewalks, pedestrian paths, and appropriate crosswalks to facilitate access to all schools and other areas with significant pedestrian traffic. Whenever feasible, pedestrian paths shall be developed to allow for unobstructed pedestrian flow from within a neighborhood. T‐P‐53: Develop flexible parking requirements in the zoning ordinance for development proposals based on “best practices” and the proven potential to reduce parking demand. o These could include projects that integrate transit facilities, incorporate a mix of uses with differing peak parking demand periods (e.g., residential and office), incorporate shared parking or common area parking, or incorporate other TDM strategies for residents or tenants (car‐sharing, requiring paid parking, etc.).
T‐P‐54: Discourage non‐residential parking on residential streets by enforcing parking regulations and ensuring that businesses near residential areas are providing adequate on‐site parking for their employees and customers.
T‐P‐57: Amend the Zoning Ordinance to include updated off‐street parking and loading area design standards that have multiple benefits and reduce environmental impacts. Additional details are provided in the City’s General Plan.
T‐P‐67: Participate in the planning process for a potential Cross Valley Rail Line, which could provide east‐west light rail service from Visalia to Huron and potentially connect to a future High Speed Rail system.
T‐P‐68: Evaluate the feasibility of a future local light rail system or bus rapid transit (BRT) system in Visalia, which could connect to Tulare to the south and points east and west. o The City should preserve right‐of‐way to support the preliminary light rail corridor or BRT system along Goshen Avenue, K Street, Santa Fe Street, and other roadways, as depicted on the Land Use diagram if either light rail or BRT is judged financially feasible. T‐P‐69: Support regional high‐speed inter‐city rail development and service. Should California High Speed Rail develop a station in Hanford (or elsewhere in Kings or Tulare County), work with the California High Speed Rail Authority to develop local connections coordinated with the train schedule.
288
54 T‐P‐71: Continue to participate in and advocate for collaborative efforts to improve railroad transportation facilities and reduce conflicts with the street system. T‐P‐77: Work with TCAG to ensure that the Regional Transportation Plan (RTP) and Sustainable Communities Strategy are consistent with Visalia’s Land Use and Transportation policies. T‐P‐78: Work with the San Joaquin Valley Air Pollution Control District and TCAG to implement Transportation Control Measures identified in the RTP and air quality implementation plans.
8.3 OBJECTIVES AND POLICIES: AIR QUALITY AND GREENHOUSE GASES
8.3.1 Objectives
Following is a list of objectives included in the Air Quality and Greenhouse Gases chapter of the City’s current General Plan:
AQ‐O‐1: Coordinate air quality planning efforts with other local, regional and State agencies. AQ‐O‐2: Strive to improve air quality by implementing emissions reduction efforts targeting mobile sources, stationary sources and construction‐related sources. AQ‐O‐3: Reduce emissions of greenhouse gases that contribute to global climate change in accord with federal and State law.
8.3.2 Policies
Following is a list of policies included in the Air Quality and Greenhouse Gases chapter of the City’s current General Plan:
AQ‐P‐8: Update the Zoning Ordinance to strictly limit the development of drive‐through facilities, only allowing them in auto‐oriented areas and prohibiting them in Downtown and East Downtown.
o Drive‐through businesses result in the idling of car engines and the concentrated emission of carbon monoxide and other tailpipe air pollutants.
AQ‐P‐9: Continue to mitigate short‐term construction impacts and long‐term stationary source impacts on air quality on a case‐by‐case basis and continue to assess air quality impacts through environmental review. Require developers to implement Best Management Practices (BMPs) to reduce air pollutant emissions associated with the construction and operation of development projects. BMPs include transportation demand management strategies for large development projects. Additional details are provided in the City’s General Plan. AQ‐P‐11: Continue to work in conjunction with the San Joaquin Valley Air Pollution Control District and others to put in place additional Transportation Control Measures that will reduce vehicle travel and improve air quality and to implement Air Quality Plans. AQ‐P‐13: Where feasible, replace City vehicles with those that employ low‐emission technology. AQ‐P‐14: Promote and expand the trip‐reduction program for City employees to reduce air pollution and emissions of greenhouse gas.
289
55 o The program may include carpooling and ridesharing; reimbursement of transit costs; encouragement of flexible work schedules, telecommuting, and teleconferencing. AQ‐P‐16: Support State efforts to reduce greenhouse gases and emissions through local action that will reduce motor vehicle use, support alternative forms of transportation, require energy conservation in new construction, and energy management in public buildings, in compliance with AB 32.
o By proposing compact development, mixed use centers, walkable neighborhoods, green building technology, and jobs‐housing balance, the City will be helping to implement many of the strategies and programs in the San Joaquin Valley 2007 Ozone Plan. 290
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APPENDIX A
VEHICLE MILES TRAVELED MITIGATION MEASURES FOR
DEVELOPMENT PROJECTS (CAPCOA)
292
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
1I m p r o v e or increase access to transit
CAPCOA TST‐2: Not quantified alone, grouped strategy
with TST‐3 'Expand transit network' and TST‐4 'Increase transit service frequency/speed'; CAPCOA LUT‐5: 0.50% ‐
24.60%
YYYYYY
Notes: CAPCOA TST‐2: Implement Transit Access Improvements (applicable in urban and suburban context, and appropriate for residential, retail, office, mixed use, and industrial projects); CAPCOA LUT‐5: Increase Transit Accessibility [May be grouped with CAPCOA measures LUT‐3 (mixed use development), SDT‐2 (traffic calmed streets with good connectivity), and PPT‐1 through PPT‐7 (parking management strategies); measures are applicable in urban and suburban contexts; appropriate in rural context if development site is adjacent to a commuter rail station with convenient rail service to a major employment center; appropriate for residential, retail, office, industrial, and mixed‐use projects]; City of San Jose [Increase transit accessibility to improve last‐mile transit connections; Improve network connectivity/design to make destinations and low‐carbon travel modes accessible; both applicable for both residential and employment uses]; City of LA [Existing transit mode share (as a percent of total daily trips) (%), Lines within project site improved (<50%, >=50%)] 2 Increase access to common goods and services, such as groceries, schools, and daycare Similar to CAPCOA LUT‐3 (Increase Diversity of Urban and Suburban Developments (Mixed Use)): 9.00% ‐ 30.00%
VMT reduction and CAPCOA LUT‐4 (Increase Destination
Accessibility): 6.70% ‐ 20.00% VMT reduction
YYYY N Y
Notes: Similar to CAPCOA LUT‐3 (Increase Diversity of Urban and Suburban Developments (Mixed Use) ‐ Applicable in urban and suburban context; negligible in rural context (unless the project is a master‐planned community; appropriate for mixed‐use projects) and CAPCOA LUT‐ 4 (Applicable in urban and suburban context, negligible in rural context, appropriate for residential, retail, office, industrial, and mixed‐use projects); City of San Jose [Access to Neighborhood Schools: Applicable for residential uses only]; City of San Jose [Very similar to measure 'Increase diversity of uses' ‐ Applicable for residential and employment uses] 3 Incorporate affordable housing into the project 0.04% ‐ 1.20% YYYY N Y Notes: Similar measure is CAPCOA LUT‐6 [Integrate Affordable and Below Market Rate Housing] ‐ [Applicable in urban and suburban contexts; negligible impact in a rural context unless transit availability and proximity to jobs/services are existing characteristics; appropriate for residential and mixed‐use projects]; City of San Jose [Similar to measure 'Integrate affordable and market rate housing] ‐ Measure is applicable for residential uses only 4O r i e n t project towards transit, bicycle, and pedestrian facilities 1) 0.25% ‐ 0.5% (0.25% reduction is attributed for a
project oriented towards a planned corridor and 0.5%
reduction is attributed for a project oriented towards an existing corridor) (as per the Sacramento Metropolitan
Air Quality Management District (SMAQMD)
Recommended Guidance for Land Use Emission
Reductions ), 2) 0.5% reduction in VMT per 1% increase in transit frequency and per 10% increase in transit
ridership (as per the Center for Clean Air Policy (CCAP) Transportation Emission Guidebook )
YYYN NY
Notes: CAPCOA LUT‐7 [Orient project toward non‐auto corridor]; Grouped strategy with LUT‐3 (Increase Diversity of Urban and Suburban Developments (Mixed Use) ; there is no sufficient evidence that the measures results in non‐negotiable trip reduction unless combined with other measures, including neighborhood design, density and diversity of development, transit accessibility and pedestrian and bicycle network improvements; the measure is applicable for urban or suburban context (may be applicable in a master‐planned rural community) and is appropriate for residential, retail, office, industrial, and mixed use projects 5P r o v i d e pedestrian network improvements 0.00% ‐ 2.00% YYYYYY Notes: CAPCOA SDT‐1 [applicable in urban, suburban, and rural context; appropriate for residential, retail, office, industrial, and mixed‐use projects; reduction benefit only occurs if the project has both pedestrian network improvements on site and connections to the larger off‐site network]. This can be considered under Technical Advisory Measure 'Improve pedestrian or bicycle networks, or transit service'; City of San Jose [Provide pedestrian network improvements for active transportation: applicable for both residential and employment uses]; City of LA [Included (within project and connecting off‐site/within project only)]
6 Incorporate bike lane street design (on‐site)
1% increase in share of workers commuting by
bicycle (for each additional mile of bike lanes
per square mile) (Bicycle Commuting and Facilities in
Major U.S. Cities: If You Build Them, Commuters Will Use Them – Another Look by Dill and Carr (2003)); 258% ‐
830% increase in bicycle community (Moving Cooler: An
Analysis of Transportation Strategies
for Reducing Greenhouse Gas Emissions by Cambridge
Systematics); 0.075% increase in bicycle commuting with each mile of bikeway per 100,000 residents (If You Build Them, Commuters Will Use Them; Cross‐Sectional
Analysis of Commuters and Bicycle Facilities by Nelson and Allen (1997))
YYYYYY
Notes: CAPCOA SDT‐5 [Grouped strategy, benefits of Bike Lane Street Design are small and should be grouped with the LUT‐9 (Improve Design of Development) strategy to strengthen street network characteristics and enhance multi‐modal environments], the measure is applicable in urban and suburban contexts and is appropriate for residential, retail, office, industrial, and mixed‐use projects. This can be considered under Technical Advisory Measure 'Improve pedestrian or bicycle networks, or transit service'; City of San Jose [Expand the reach of bike access with investment in infrastructure: applicable for both residential and employment uses]; City of LA [Provide bicycle facility along site (Yes/No)] Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects R:\VSL2001 Visalia VMT\Documents\VMT Mitigations_Master List_Reduced.xlsx\Land Dev Proj (1/21/2021) 293
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects 7E x p a n d transit network 0.10% – 8.20% YYYYYY
Notes: CAPCOA TST‐3; Measure applicable in urban and suburban context, maybe applicable in rural context but no literature documentation available, appropriate for specific or general plans. This can be considered under Technical Advisory Measure 'Improve pedestrian or bicycle networks, or transit service'; City of San Jose [Increase transit accessibility to improve last‐mile transit connections; Improve network connectivity/design to make destinations and low‐carbon travel modes accessible; both applicable for both residential and employment uses]; City of LA [Existing transit mode share (as a percent of total daily trips) (%), Lines within project site improved (<50%, >=50%)]
8 Increase transit service frequency/speed 0.02% – 2.50% YYYYYY Notes: CAPCOA TST‐4, applicable in urban and suburban context, maybe applicable in rural context but no literature documentation available, appropriate for specific or general plans.
This can be considered under Technical Advisory Measure 'Improve pedestrian or bicycle networks, or transit service'; City of San Jose [Similar to measure 'Subsidize public transit service upgrades']; City of LA [Reduction in headways (increase in frequency) (%)] 9 Required project contributions to transportation infrastructure improvement projects Not Quantified: Grouped strategy (with RPT‐2 and TST‐1 through 7) YYYYYY
Notes: CAPCOA RPT‐3 (Applicable in urban, suburban and rural context; appropriate for residential, retail, office, mixed use, and industrial projects); measure similar to some of the measures discussed above. This can be considered under Technical Advisory Measure 'Improve pedestrian or bicycle networks, or transit service.' 10 Increase destination accessibility 6.70% – 20.00% Y Y Y Y Y Y Notes: CAPCOA LUT‐4 [Destination accessibility measured in terms of the number of jobs or other attractions reachable within a given travel time, which tends to be the highest at central locations and lowest at peripheral ones; the location of the project also increases the potential for pedestrians to walk and bike to these destinations and therefore reduces VMT; applicable for urban and suburban contexts, negligible impact in a rural context; appropriate for residential, retail, office, industrial, and mixed‐use projects]. This can be considered under Technical Advisory Measure 'Improve pedestrian or bicycle networks, or transit service'; City of San Jose [Increase transit availability to improve last‐mile transit connections; Improve network connectivity/design to make destinations and low‐carbon travel modes accessible; both applicable for both residential and employment uses]; City of LA [Lines within project site improved (<50%, >=50%)]
11 Provide traffic calming measures 0.25% – 1.00% YYYYYY Notes: CAPCOA SDT‐2 [applicable in urban, suburban, and rural contexts; appropriate for residential, retail, office, industrial, and mixed‐use projects]; City of San Jose [Applicable for both residential and employment uses]; City of LA [Streets with traffic calming improvements (%), intersections with traffic calming improvements (%)] 12 Provide bike parking in non‐residential projects 0.625% (as per the Center for Clean Air Policy (CCAP) Transportation Emission Guidebook ) YYYYYY
Notes: CAPCOA SDT‐6 [Bike Parking in Non‐Residential projects has minimal impacts as a standalone strategy and should be grouped with the LUT‐9 (Improve Design of Development) strategy to encourage bicycling by providing strengthened street network characteristics and bicycle facilities]; the measure is applicable in urban, suburban, and rural contexts; appropriate for retail, office, industrial, and mixed‐use projects; City of San Jose [Provide bike parking and end‐of‐trip facilities such as bike parking, bicycle lockers, showers, and personal lockers (Applicable for both residential and employment uses)]; City of LA [Include bike parking/lockers, showers, & repair station (Y/N)]
13 Provide bike parking with multi‐unit residential projects Not Quantified Y Y Y Y Y Y Notes: CAPCOA SDT‐7 [Grouped Strategy; the benefits of Bike Parking with Multi‐Unit Residential Projects have no quantified impacts and should be grouped with the LUT‐9 (Improve Design of Development) strategy to encourage bicycling by providing strengthened street network characteristics and bicycle facilities. The measure is applicable in urban, suburban, or rural contexts. It is appropriate for residential projects.]; City of San Jose [Provide bike parking and end‐of‐trip facilities such as bike parking, bicycle lockers, showers, and personal lockers (Applicable for both residential and employment uses)]; City of LA [Include bike parking/lockers, showers, & repair station (Y/N)]
R:\VSL2001 Visalia VMT\Documents\VMT Mitigations_Master List_Reduced.xlsx\Land Dev Proj (1/21/2021) 294
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects 14 Limit or eliminate parking supply 5.00% ‐ 12.50% Y Y Y Y Y Y Notes: CAPCOA PDT‐1 (applicable in urban and suburban context, negligible in rural context, appropriate for residential, retail, office, industrial, and mixed‐use projects); reduction can be counted only if spillover parking is controlled (via residential permits and on‐street market parking); follow multi‐faceted strategy including 1) elimination/reduction of minimum parking requirements, 2) creation of maximum parking requirements, and 3) provision of shared parking; City of San Jose [Decrease project parking supply at the project site to rates lower than the standard parking minimums where allowable in the San Jose Municipal Code (applicable for employment uses)]; City of LA [City code parking provision (spaces), actual parking provision (spaces)]
15 Unbundle parking costs from property costs 2.60% ‐ 13.00% Y Y Y Y Y Y Notes: CAPCOA PDT‐2 (applicable in urban and suburban context, negligible in rural context, appropriate for residential, retail, office, industrial and mixed‐use projects; complimentary strategies include workplace parking pricing); City of San Jose [Unbundle On‐Site Parking Costs: Application for Residential Uses Only]; City of LA [Monthly cost for parking ($)] 16 Provide parking cash‐out programs 0.60% – 7.70% commute VMT YYYYYY Notes: CAPCOA TRT‐15 [Implement employee parking "cash‐out"; the term “cash out” is used to describe the employer providing employees with a choice of forgoing their current subsidized/free parking for a cash payment equivalent to the cost of the parking space to the employer. The measure is applicable in urban and suburban context; it is not applicable in rural context; it is appropriate for retail, office, industrial, and mixed‐use projects. Restrictions are applied only if complementary strategies are in place: a) Residential parking permits and market rate public on‐street parking to prevent spill over parking; b) Unbundled parking ‐ is not required but provides a market signal to employers to forgo paying for parking spaces and “cash‐out” the employee instead. In addition, unbundling parking provides a price with which employers can utilize as a means of establishing “cash‐out” prices; City of San Jose [Parking cash‐out: Employment uses only]; City of LA [Parking cash‐out: Employees eligible (%)] 17 Implement or provide access to a commute reduction program ‐ Voluntary 1.00% ‐ 6.20% commute VMT YYYYYY Notes: CAPCOA TRT‐1: Commute Trip Reduction Program – Voluntary, is a multi‐strategy program that encompasses a combination of individual measures described CAPCOA measures TRT‐3 through TRT‐9. It is presented as a means of preventing double‐counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. The main difference between a voluntary and a required program is: A) Monitoring and reporting is not required
B) No established performance standards (i.e. no trip reduction requirements). The measure is applicable in urban and suburban contexts, negligible in a rural context, unless large employers exist and suite of strategies implemented are relevant in rural settings. The measure is appropriate for retail, office, industrial, and mixed‐use projects; City of San Jose [Applicable for employment uses only]; City of LA [Employees and residents participating (%)] 18 Implement or provide access to Commute Trip Reduction Program – Required implementation/monitoring 4.2% – 21.0% commute VMT YYYYYY Notes: CAPCOA TRT‐2 (Commute Trip Reduction Program is a multi‐strategy program that encompasses a combination of individual measures from TRT‐3 through TRT‐9. It is presented as a means of preventing double‐counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reduction that should be permitted for a combined set of strategies within a program that is contractually required of the development sponsors and managers and accompanied by a regular performance monitoring and reporting program. Check examples of Tucson, Arizona and South San Francisco, CA from CAPCOA. The measure is applicable in urban and suburban contexts; it is negligible in rural context, unless large employees exist, and suite of strategies implemented are relevant in rural settings; jurisdiction level only); City of San Jose [Employment uses only]; City of LA [Employees participating (%)]
R:\VSL2001 Visalia VMT\Documents\VMT Mitigations_Master List_Reduced.xlsx\Land Dev Proj (1/21/2021) 295
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects 19 Provide ride‐sharing program 1.00% – 15.00% commute VMT YYYYYY Notes: CAPCOA TRT‐3 [Provide Ride‐Sharing Programs: applicable in urban and suburban context; Negligible impact in many rural contexts, but can be effective when a large employer in a rural area draws from a workforce in an urban or suburban area, such as when a major employer moves from an urban location to a rural location; appropriate for residential, retail, office, industrial, and mixed‐use projects]; City of San Jose [Ride share for employment uses only]; City of LA [Measured in terms of employees eligible (%)] 20 Implement bike‐sharing program
Taking evidence from the literature, a 135‐300% increase in bicycling (of which roughly 7% are shifting from vehicle travel) results in a negligible impact (around 0.03% VMT reduction)
YYNYYY
Notes: CAPCOA TRT‐12 [This measure has minimal impacts when implemented alone. The strategy's effectiveness is heavily dependent on the location and context. Bike‐sharing programs have worked well in densely populated areas (examples in Barcelona, London, Lyon, and Paris) with existing infrastructure for bicycling. Bike sharing programs should be combined with Bike Lane Street Design (SDT‐5) and Improve Design of Development (LUT‐9). The measure is applicable in urban and suburban‐center context only; it is negligible in a rural context; appropriate for residential, retail, office, industrial, and mixed‐use projects; City of San Jose [Bike share for employment and residential uses]; City of LA [bike share ‐ within 600 feet of existing bike share station ‐ OR ‐implementing new bike share station (Y/N)] 21 Provide transit passes
Similar to CAPCOA TRT‐4 [Implement Subsidized or
Discounted Transit Program]; for TRT‐4, commute VMT
reduction is 0.30% ‐ 20.00%
YYYYYY
Notes: Similar to CAPCOA TRT‐4 [Implement Subsidized or Discounted Transit Program]; City of San Jose [Implement Subsidized or Discounted Transit Program]; City of LA [Employees and residents eligible (%), amount of transit subsidy per daily passenger (daily equivalent) ($)] 22 Shifting single occupancy vehicle trips to carpooling or vanpooling, for example providing ride‐matching or shuttle services
0.30% ‐ 13.40% commute VMT reduction (for CAPCOA
TRT‐11: Provide Employer‐Sponsored Vanpool/Shuttle);
7.20% ‐ 15.80% school VMT reduction (for CAPCOA TRT‐
10: Implement a School Pool Program)
YYYYYY
Notes: Similar to CAPCOA TRT‐11 (Provide employer‐sponsored vanpool/shuttle) ‐ the measure is applicable for urban, suburban, and rural context, and is appropriate for office, industrial, and mixed‐use projects; Similar measure is CAPCOA TRT‐10 (Implement a School Pool Program: Applicable for urban, suburban, and rural context and appropriate for residential and mixed‐use projects); City of San Jose [School carpool program ‐ residential uses only)]; City of LA [School carpool program ‐ level of implementation (low, medium, high); Employer sponsored vanpool or shuttle (Degree of implementation (low, medium, high), employees eligible (%), employer size (small, medium, large)] 23 Implement a school pool program 7.20% ‐ 15.80% school VMT r e d u c t i o n YYNYYY Notes: CAPCOA TRT‐10 [This project will create a ridesharing program for school children.
Most school districts provide bussing services to public schools only. School Pool helps match parents to transport students to private schools, or to schools where students cannot walk or bike but do not meet the requirements for bussing. The measure is applicable in urban, suburban, and rural context and is appropriate for residential and mixed‐use projects.]; City of San Jose [School carpool program ‐ residential uses only)]. This measure can be considered under the Technical Advisory Measure 'Shifting single occupancy vehicle trips to carpooling or vanpooling, for example providing ride matching services.'; City of LA [School carpool program ‐ level of implementation (low, medium, high)
24 Operate free direct shuttle service
CAPCOA TST‐6 (Provide Local Shuttles): Not Quantified;
0.30% ‐ 13.40% commute VMT reduction (for CAPCOA
TRT‐11: Provide Employer‐Sponsored Vanpool/Shuttle)
YYNYYY
Notes: CAPCOA TST‐6 (Provide Local Shuttles ‐ grouped strategy with TST‐5 'Provide Bike Parking Near Transit' and TST‐4 'Increase Transit Service Frequency/Speed') ‐ Applicable in urban/suburban context; appropriate for large residential, retail, office, mixed use, and industrial projects; solves the "first mile/last mile" problem; CAPCOA TRT‐11 (Provide employer‐sponsored vanpool/shuttle) ‐ the measure is applicable for urban, suburban, and rural context, and is appropriate for office, industrial, and mixed‐use projects. This measure can be considered under the Technical Advisory Measure 'Shifting single occupancy vehicle trips to carpooling or vanpooling, for example providing ride matching services.'; City of San Jose [Employment uses only]; City of LA [Employer sponsored vanpool or shuttle (Degree of implementation (low, medium, high), employees eligible (%), employer size (small, medium, large)]
25 Provide teleworking options 0.07% ‐ 5.50% commute V M T YYYYYY Notes: CAPCOA TRT‐6 [Applicable in urban, rural, and suburban contexts; appropriate for retail, office, industrial, and mixed‐use projects]; City of San Jose [Alternative work schedules and telecommute (employment land uses only)]; City of LA [Alternative work schedules and telecommute (employees participating (%), type of program)] 26 Subsidize public transit service upgrades Not Quantified Y Y N Y N Y Notes: Similar to CAPCOA TST‐2 through TST‐4; City of San Jose [Subsidize transit service through contributions to the transit provider to improve transit service to the project (e.g. frequency and number of routes); applicable for both residential and employment uses]. The measure is included under the Technical Advisory Measure 'Provide incentives or subsidies that increase the use of modes other than single‐occupancy vehicle.' R:\VSL2001 Visalia VMT\Documents\VMT Mitigations_Master List_Reduced.xlsx\Land Dev Proj (1/21/2021) 296
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects 27 Implement subsidized or discounted transit program 0.30% – 20.00% commute VMT YYYYYY Notes: CAPCOA TRT‐4 [Implement subsidized or discounted transit program (the measure is applicable in urban and suburban context, negligible in a rural context, appropriate for residential, retail, office, industrial, and mixed‐use projects); The project will provide subsidized/discounted daily or monthly public transit passes. The project may also provide free transfers between all shuttles and transit to participants. These passes can be partially or wholly subsidized by the employer, school, or development. Many entities use revenue from parking to offset the cost of such a project. The measure is included under the Technical Advisory Measure 'Provide incentives or subsidies that increase the use of modes other than single‐occupancy vehicle.'; City of San Jose [Implement Subsidized or Discounted Transit Program]; City of LA [Transit subsidies measured by employees and residents eligible (%), and amount of transit subsidy per passenger (daily equivalent) ($)] 28 Subsidize vanpool 0.30% ‐ 13.40% commute VMT Y Y N Y N Y Notes: Similar to CAPCOA TRT‐11 (Provide Employer‐Sponsored Vanpool/Shuttle: applicable in urban, suburban, and rural context; appropriate for office, industrial, and mixed‐use projects).
The measure is included under the Technical Advisory Measure 'Provide incentives or subsidies that increase the use of modes other than single‐occupancy vehicle.'; City of San Jose [Applicable for employment uses only]
29 Providing on‐site amenities at places of work, such as priority parking for carpools and vanpools, secure bike parking, and showers and locker rooms
22% increase in bicycle mode share (UK National Travel
Survey)/2%‐5% reduction in commute vehicle trips
(Transportation Demand Management
Encyclopedia )/0.625% reduction in VMT (Center for
Clean Air Policy (CCAP) Emission Guidebook )
YYYYYY
Notes: CAPCOA TRT‐5 [Provide End of Trip Facilities]: End‐of‐trip facilities have minimal impacts when implemented alone. This strategy’s effectiveness in reducing vehicle miles traveled (VMT) depends heavily on the suite of other transit, pedestrian/bicycle, and demand management measures offered. End‐of trip facilities should be grouped with Commute Trip Reduction (CTR) Programs (TRT‐1: Implement Commute Trip Reduction Program ‐ Voluntary through TRT‐2: Implement Commute Trip Reduction Program – Required Implementation/Monitoring) and TRT‐3 (Provide Ride‐Sharing Programs); City of San Jose [Similar measures include 'Provide bike parking/end of trip bike facilities', 'Implement car sharing programs']; City of LA [Include bike parking/lockers, showers, & repair station (Y/N)] 30 Provide employee transportation coordinators at employment sites Not Quantified Y Y Y N N Y Included as part of CAPCOA TRT‐1 (Implement Commute Trip Reduction Program ‐ Voluntary) 31 Provide a guaranteed ride home service to users of non‐auto modes Not Quantified N Y Y N N Y 32 Locate project in an area of the region that already exhibits low VMT 10.00% ‐ 65.00% Y Y Y N N Y Notes: CAPCOA LUT‐2 (Applicable in urban and suburban contexts; negligible in rural contexts; appropriate for residential, retail, office, industrial, and mixed‐use projects) 33 Locate project near transit 0.50% ‐ 24.60% Y Y Y N N Y Notes: CAPCOA LUT‐5 [May be grouped with CAPCOA measures LUT‐3 (mixed use development), SDT‐2 (traffic calmed streets with good connectivity), and PPT‐1 through PPT‐7 (parking management strategies); measures are applicable in urban and suburban contexts; appropriate in rural context if development site is adjacent to a commuter rail station with convenient rail service to a major employment center; appropriate for residential, retail, office, industrial, and mixed‐use projects]
34 Increase project/development density 1.50% ‐ 30.00% Y Y Y Y N Y Notes: CAPCOA LUT‐1 (Applicable in urban and suburban contexts only; negligible in rural context; appropriate for residential, retail, office, industrial, and mixed‐use projects); City of San Jose [Applicable for both residential and employment uses] 35 Increase the mix of uses within the project or within the project's surroundings 9.00% ‐ 30.00% Y Y Y Y N Y Notes: CAPCOA LUT‐3: Increase Diversity of Urban and Suburban Developments (Mixed Use) [Applicable in urban and suburban context, negligible in rural context, and appropriate for mixed‐use projects]; City of San Jose [Applicable for both residential and employment uses] 36 Improve network connectivity and/or increase intersection density on the project site Similar measure is CAPCOA LUT‐9 [Improve Design of Development]: 3.0% ‐ 21.3% reduction in VMT YYYY N Y
Notes: Similar measure to CAPCOA LUT‐9 (Improve Design of Development); City of San Jose [Build new street connections and/or connect cul‐de‐sacs to provide pedestrian and bicycle access: applicable for both residential and employment uses] 37 Price workplace parking 0.10% ‐ 19.70% commute VMT Y N N Y Y N Notes: CAPCOA TRT‐14 [Urban and suburban context; Negligible impact in a rural context; Appropriate for retail, office, industrial, and mixed‐use projects; Reductions applied only if complementary strategies are in place:
o Residential parking permits and market rate public on‐street parking ‐ to prevent spill‐over parking
o Unbundled parking ‐ is not required but provides a market signal to employers to transfer over the, now explicit, cost of parking
to the employees. In addition, unbundling parking
provides a price with which employers can utilize as a means of establishing workplace parking prices; City of San Jose [Price On‐Site Workplace Parking (for employment uses only)]; City of LA [Daily parking charge ($), Employees subject to priced parking (%)] R:\VSL2001 Visalia VMT\Documents\VMT Mitigations_Master List_Reduced.xlsx\Land Dev Proj (1/21/2021) 297
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects 38 Locate project near bike path/bike lane 0.625% Y N Y N N N Notes: CAPCOA LUT‐8 (Grouped strategy with 'Increase Destination Accessibility'; the measure is most effective when applied in combination of multiple design elements that encourage this use; strategy should be grouped with 'Increase Destination Accessibility' strategy to increase the opportunities for multi‐modal travel; measure is applicable in urban or suburban context, may be applicable in a rural master planned community; appropriate for residential, retail, office, industrial, and mixed‐use projects
39 Implement Commute Trip Reduction Marketing 0.80% ‐ 4.00% commute VMT Y N Y Y N N Notes: CAPCOA TRT‐7 (applicable in urban and suburban context; negligible in rural context; appropriate for residential, retail, office, industrial, and mixed‐use projects); City of San Jose [Employment uses only]
40 Education and encouragement ‐ Voluntary travel behavior change program 1.00% ‐ 6.20% commute VMT YNNYYN Notes: Similar to CAPCOA TRT‐1 (Implement Commute Reduction Program ‐ Voluntary); City of San Jose [For both residential and employment uses]; City of LA [Employees and residents participating (%)]
41 Education and encouragement ‐ Promotions and marketing 0.80% ‐ 4.00% commute VMT Y N N Y Y N Notes: Similar to CAPCOA TRT‐7 [Implement Commute Reduction Marketing]; City of San Jose [Similar measure might be 'Implement commute trip reduction marketing/educational campaign' (applicable for employment uses)]; City of LA [Employees and residents participating (%)]
42 Implement market price public parking (On‐street) 2.80% – 5.50% YN Y NNN CAPCOA PDT‐3 (applicable in urban and suburban context; negligible in rural context; appropriate for retail, office, and mixed‐use projects; applicable in a specific or general plan context only, reduction can be counted only if spillover parking is controlled (via residential permits); studies conducted in downtown areas, and thus should be applied carefully if project is not in a central business/activity center
43 Create urban non‐motorized zones 0.01% – 0.20% annual VMT reduction Y N Y N N N Notes: CAPCOA SDT‐4 [The project, if located in a CBD or major activity center, will convert a percentage of its roadway miles to transit malls, linear parks, or other nonmotorized zones.
These features encourage non‐motorized travel and thus a reduction in VMT. This measure is most effective when applied with multiple design elements that encourage this use. The benefits of Urban Non‐Motorized Zones alone have not been shown to be significant. (considered grouped strategy with SDT‐1 (provide pedestrian network improvements); this is applicable in urban context only and appropriate for residential, retail, office, industrial, and mixed‐use projects]
44 Install park‐and‐ride lots
Two sources: 0.1% ‐ 0.5% VMT reduction (as per 2005
Federal Highway Administration (FHWA) study) and
0.50% VMT reduction per day (as per Washington State
Department of Transportation (WSDOT))
YNNNNN
Notes: CAPCOA RPT‐4 (Applicable in suburban and rural context; appropriate for residential, retail, office, mixed use, and industrial projects); Grouped strategy with RPT‐1, TRT‐11, TRT‐3, and TRT‐1 through 6
45 Electrify loading docks and/or require idling‐reduction systems 26% ‐ 71% reduction in Truck refrigeration units (TRU) idling GHG emissions YNNNNN N o t e s : CAPCOA VT‐1 (Measure applicability: Truck refrigeration units (TRU)) 46 Utilize alternative fueled vehicles Reduction in GHG emissions varies depending on vehicle type, year, and associated fuel economy YNNNNN N o t e s : CAPCOA VT‐2 (Measure applicability: vehicles) 47 Utilize electric or hybrid vehicles 0.40% ‐ 20.30% reduction in GHG emissions Y N N N N N Notes: CAPCOA VT‐3 (Measure applicability: vehicles) 48 Provide bike parking near transit Not Quantified Y N N N N N Notes: CAPCOA TST‐5 (should be implemented with other two measures as mentioned to encourage multi‐modal use in the area and provide ease of access to nearby transit for bicyclists (measure applicable in urban and suburban context; appropriate for residential, retail, office, mixed use, and industrial projects); Grouped strategy (with measures TST‐3 'Expand transit network' and TST‐4 'Increase transit service frequency/speed') 49 Improve design of development 3.00% ‐ 21.30% YNNNNN Notes: CAPCOA LUT‐9 (Include design elements to enhance walkability and connectivity; improved street network characteristics within a neighborhood such as street accessibility; design also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrians crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian‐oriented environments from auto‐oriented environments); measure is applicable in the urban and suburban contexts, negligible impact in rural context; appropriate for residential, retail, office, industrial, and mixed‐use projects R:\VSL2001 Visalia VMT\Documents\VMT Mitigations_Master List_Reduced.xlsx\Land Dev Proj (1/21/2021) 298
# Mitigation Measure VMT Reduction1 CAPCOA2 OPR TA3 Los Angeles Metro4
City of San
Jose5
City of Los
Angeles6
San Diego
Region7 Notes
Table A ‐ Vehicle Miles Traveled Mitigation Measures for Land Development Projects 50 Provide electric vehicle parking Not Quantified Y N N N N N Notes: CAPCOA SDT‐8 [This is a grouped strategy and the benefits of electric vehicle parking may be quantified when grouped with the use of electric vehicles and or SDT‐3 (Implement a Neighborhood Electric Vehicle (NEV) Network). This measure is applicable in urban or suburban contexts and is appropriate for residential, retail, office, mixed use, and industrial projects.]
51 Dedicated land for bike trails Not Quantified Y N N N N N Notes: CAPCOA SDT‐9 [Larger projects may be required to provide for, contribute to, or dedicate land for the provision of off‐site bicycle trails linking the project to designated bicycle commuting routes in accordance with an adopted citywide or countywide bikeway plan. The benefits of Land Dedication for Bike Trails have not been quantified and should be grouped with the LUT‐9 (Improve Design of Development) strategy to strengthen street network characteristics and improve connectivity to off‐site bicycle networks. The measure is applicable in urban, suburban, or rural contexts and is appropriate for large residential, retail, office, mixed use, and industrial projects.]
52 Implement school bus program 38.00% ‐ 63.00% school VMT reduction Y N N N N N Notes: CAPCOA TRT‐13 [Applicable in urban, suburban, and rural context; appropriate for residential and mixed‐use projects]
53 Implement preferential parking permit program Not Quantified Y N N N N N Notes: CAPCOA TRT‐8 [The project will provide preferential parking in convenient locations (such as near public transportation or building front doors) in terms of free or reduced parking fees, priority parking, or reserved parking for commuters who carpool, vanpool, ride‐share or use alternatively fueled vehicles. The project will provide wide parking spaces to accommodate vanpool vehicles. The impact of preferential parking permit programs has not been quantified by the literature and is likely to have negligible impacts when implemented alone. This strategy should be grouped with Commute Trip Reduction (CTR) Programs (TRT‐1 and TRT‐2) and TRT‐3 (Provide Ride‐Sharing Programs) as a complementary strategy for encouraging non‐single occupant vehicle travel. This measure is applicable in urban and suburban contexts and is appropriate for residential, retail, office, mixed use, and industrial projects.]
Notes:
VMT = Vehicle Miles Traveled; CAPCOA = California Air Pollution Control Officers Association; OPR = Office of Planning and Research; TA = Technical Advisory; HOV = High Occupancy Vehicle; HOT = High Occupancy Toll; ITS = Intelligent Transportation System CAPCOA Transportation Mitigation Categories (LU = Land Use/Location, SD = Neighborhood/Site Enhancements, PD = Parking Policy/Pricing, TR = Commute Trip Reduction Programs, TS = Transit System Improvements, RP = Road Pricing/Management; V = Vehicles) 1 VMT reduction numbers obtained from Quantifying Greenhouse Gas Mitigation Measures published by the California Air Pollution Control Officers Association in August 2010. 2 Quantifying Greenhouse Gas Mitigation Measures published by the California Air Pollution Control Officers Association in August 2010. 3 Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor's Office of Planning and Research State of California in December 2018. 4 Analysis of VMT Mitigation Measures Pursuant to SB 743 prepared by Iteris, Inc. in February 2018. 5 City of San Jose Transportation Analysis Handbook (dated April 2018). 6 City of Los Angeles VMT Calculator Version 1.2
7 Guidelines for Transportation Impact Studies in the San Diego Region developed by San Diego Section of the Institute of Transportation Engineers (ITE) and the San Diego Traffic Engineers Council (SANTEC) in January 2019.
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APPENDIX B
VEHICLE MILES TRAVELED MITIGATION MEASURES FOR
DEVELOPMENT PROJECTS (CARB PAPERS)
301
# Mitigation Measure VMT Reduction2 Notes
1 Improve or increase access to transit 1.3% ‐ 5.8%
Variable: Various factors associated with proximity to transit stop (please refer to How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.)
2 Land Use Mix Elasticity: 0.02 ‐ 0.10 Variable: Entropy ‐ variety and balance of land‐use types within a neighborhood 3 Regional Accessibility Elasticity: 0.05 ‐ 0.25
Variable: Various factors associated with job accessibility and distance to CBD (please refer to How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.)
4 Job ‐Housing Balance Elasticity: 0.06 ‐ 0.31 for commute VMT Variable: Various factors associated with job accessibility (please refer to How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.)
5 Provide Pedestrian Network Improvements Elasticity: 0.00 ‐ 0.02 for sidewalk length, 0.19 for Pedestrian Environment Factor
6 Provide Bicycling Network Improvements No effect on VMT 7 Implement Transit Improvements No effect on VMT
8 Voluntary Travel Behavior Change (VTBC) Program 5% ‐ 12% 9 Implement Employer‐Based Trip Reduction (EBTR) Program 1.33% ‐ 6% of commute VMT 10 Provide telecommuting options
Home‐based telecommuting: 48.1% for household VMT,
66.5% ‐ 76.6% for all personal VMT, and 90.3% for
commute VMT only; Center‐based telecommuting:
53.7% ‐ 64.8% for all personal VMT and 62.0% ‐ 77.2%
for commute VMT only
11 Increase Project/Development Density Elasticity: <=0.07 ‐ 0.19 Variable: residential density 12 Improve network connectivity and/or increase intersection density on the project site Elasticity: ‐0.46 ‐ 0.59 Variable: Various factors associated with intersection or street density (please refer to How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.)
13 Implement Road Pricing 10% ‐ 14.6%
Variable: Different road prices in various parts of the US (please refer to How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.)
14 Implement Parking Cash‐out Programs or Workplace Parking Pricing 12% of commute VMT (parking cash out); 2.3% ‐ 2.9%
for $3 per day workplace parking price; 2.8% for price
increase equivalent to 60% hourly value of commuter
travel time cost
Notes:
VMT = Vehicle Miles Traveled
1 All mitigation measures have been obtained from How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.). 2 All VMT reduction numbers have been obtained from How do Local Actions Affect CMT? A Critical Review of the Empirical Evidence (Salon, D., Boarnet, M.G., Handy, S., Spears, S., and Tal, G.).
Table B ‐ Vehicle Miles Traveled Mitigation Measures1
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APPENDIX C
VEHICLE MILES TRAVELED MITIGATION MEASURES FOR
COMMUNITY PLANS AND GENERAL PLANS
304
# Mitigation Measure VMT Reduction
1 Modify land use plan to increase development in areas with low VMT/capita characteristics and/or decrease development in areas with high VMT/capita characteristics Not quantified in CAPCOA 2 Provide enhanced bicycle and/or pedestrian facilities
0.00% ‐ 2.00% (for pedestrian network
improvements); Multiple measures for
bike facilities, refer to Table A for VMT
reduction percentages
3 Add roadways to the street network if those roadways would provide shorter travel paths for existing and/or future trips Not quantified in CAPCOA 4 Improve or increase access to transit
CAPCOA TST‐2 (Implement transit
access improvements): Not quantified
alone, grouped strategy with TST‐3
(Expand transit network) and TST‐4
(Increase transit service
frequency/speed); CAPCOA LUT‐5
(Increase transit accessibility): 0.50% ‐
24.60%
5 Increase access to common goods and services, such as groceries, schools, and daycare Similar to CAPCOA LUT‐3 (Increase
Diversity of Urban and Suburban
Developments (Mixed Use)): 9.00% ‐
30.00% VMT reduction and CAPCOA
LUT‐4 (Increase Destination
Accessibility): 6.70% ‐ 20.00% VMT
reduction
6 Incorporate a neighborhood electric vehicle network 0.50% ‐ 12.70% 7 Provide traffic calming 0.25% – 1.00%
8 Limit or eliminate parking supply 5.00% ‐ 12.50%
9 Unbundle parking costs 2.60% ‐ 13.00%
10 Provide parking or roadway pricing or cash‐out programs
0.10% ‐ 19.70% commute VMT (for
pricing workplace parking); 7.90% ‐
22.00% (for CAPCOA RPT‐1 (Road
Pricing/Management: Implement Area
or Cordon Pricing)); 0.60% – 7.70%
commute VMT (for cash‐out programs)
11 Implement or provide access to a commute reduction program
1.0% – 6.2% commute VMT % (for
voluntary programs); 4.2% – 21.0%
commute VMT reduction (for programs
with required
implementation/monitoring)
12 Provide car‐sharing, bike sharing, and ride‐sharing programs % ‐ 0.70% (
0.40% ‐ 0.70% VMT reduction (for car
sharing); 1.00% ‐ 15.00% commute VMT
reduction (for ride‐sharing); a 135% ‐
300% increase in biking (of which
roughly 7% are shifting from vehicle
travel) results in a negligible impact
(around 0.03% VMT reduction)
13 Provide partially or fully subsidized transit passes Similar to CAPCOA TRT‐4 [Implement
Subsidized or Discounted Transit
Program]; for TRT‐4, commute VMT
reduction is 0.30% ‐ 20.00%
14 Shift single occupancy vehicle trips to carpooling or vanpooling by providing ride‐matching services or shuttle services
0.30% ‐ 13.40% commute VMT
reduction (for CAPCOA TRT‐11: (Provide
Employer‐Sponsored Vanpool/Shuttle));
Grouped strategy (for CAPCOA TST‐6
(Provide Local Shuttles))
15 Provide telework options 0.07% ‐ 5.50% commute VMT
16 Provide incentives or subsidies that increase the use of modes other than a single‐occupancy vehicle
0.30% ‐ 13.40% commute VMT
reduction (for CAPCOA TRT‐11: (Provide
Employer‐Sponsored Vanpool/Shuttle));
Grouped strategy (for CAPCOA TST‐6
(Provide Local Shuttles)); 0.30% ‐
20.00% commute VMT reduction (for
CAPCOA TRT‐4 (Implement Subsidized
or Discounted Transit Program))
17 Provide employee transportation coordinators at employment sites Not quantified in CAPCOA 18 Provide a guaranteed ride home service to users of non‐auto modes Not quantified in CAPCOA Notes:
VMT = Vehicle Miles Traveled; CAPCOA = California Air Pollution Control Officers Association 1 Table C ‐ Vehicle Miles Traveled Mitigation Measures for Community Plans and General Plans1 CAPCOA Transportation Mitigation Categories (LU = Land Use/Location, SD = Neighborhood/Site Enhancements, PD = Parking Policy/Pricing, TR = Commute Trip Reduction Programs, TS = Transit System Improvements, RP = Road Pricing/Management; V = Vehicles) All mitigation measures have been obtained from the Guidelines for Transportation Impact Studies in the San Diego Region developed by San Diego Section of the Institute of Transportation Engineers (ITE) and the San Diego Traffic Engineers Council (SANTEC) in January 2019.
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RESOLUTION 2025-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA
ADOPTING VEHICLE MILES TRAVELED THRESHOLDS OF SIGNIFICANCE
AND SCREENING CRITERIA FOR PURPOSES OF ANALYZING
TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the California Environmental Quality Act (CEQA) was enacted by the State of California in 1970 to ensure the long -term protection of the environment and requires public agencies to analyze and disclose the effects of their actions on the environment; and
WHEREAS, the California Environmental Qual ity Act Guidelines (“CEQA Guidelines”) encourages public agencies to develop and publish generally applicable “thresholds of significance” to be used in determining the significance of a project’s environmental effects; and
WHEREAS, CEQA Guidelines secti on 15064.7(a) defines a threshold of significance as “an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant”; and WHEREAS, screening criteria are applied to determine when a project should be expected to cause a less-than-significant impact without conducting a detailed study; and WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of significance be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; and WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code Section 21099, directed the Governor’s Office of Planning and Research to develop new CEQA Guidelines to replace LOS with metrics that more appropriately balance the needs of congestio n management with statewide goals related to infill development, promotion of public health through active transportation, and reduction of greenhouse gas emissions; and
WHEREAS, in 2018, the Governor’s Office of Planning and Research (OPR) proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines section 15064.3 that identifies vehicle miles traveled (VMT), meaning the amount and distance of automobile travel attributable to a project, as the most appropriate metric to evaluate a project’s transportation impacts; and WHEREAS, CEQA Guidelines section 15064.3 went into effect on July 1, 2020, after which automobile delay, as measured by Level of Service and other similar metrics, will no longer constitute a significant environmental effect under CEQA; and 307
WHEREAS, the adoption of VMT as a threshold of significance is an organizational or administrative activity of City government that does not commit the City to approve any specific project that will result in either dir ect or indirect physical changes in the environment (CEQA Guidelines Section 15378(b)(5), 15061(b)(3)), and the replacement of the LOS metric with VMT is required by the state and is therefore a ministerial action that is exempt from CEQA review (CEQA Guidelines Section 15268(a)); and WHEREAS, The City of Visalia, conducted a study and a public review process consisting of public meetings on December 2, 2020 and on January 27, 2021 , a public hearing and staff presentation before the Planning Commission on March 8, 2021, a staff presentation to the City Council on March 15, 2021, and a duly noticed public hearing held by City Council to consider Resolution 2021-08 on March 15, 2021, at which all persons interested were given an opportunity to be heard; and
WHEREAS, on March 15, 2021, the City Council adopted Resolution 2021 -08 approving the City of Visalia VMT Thresholds and Implementation Guidelines, adopting the threshold of significance and criteria for screening for analyzin g local transportation impacts under CEQA; and
WHEREAS, the thresholds of significanc e and screening criteria had been developed through a public review process and were supported by substantial evidence as required by CEQA Guidelines section 15064.7; and
WHEREAS, the Tulare County Association of Governments ( TCAG) Regional Transportation Plan RTP Travel Demand Model (TCAG Model) is the regional travel model and formed the technical basis and provided the substantial evidence for the development of the City of Visalia VMT Thresholds and Implementation Guidelines; and WHEREAS, the TCAG Model is updated and provides new data every four years, which shall require review by City staff and potential updates be performed to the numerical thresholds for VMT metrics, VMT screening maps for the different VMT metrics, and corresponding updates to the City of Visalia VMT Thresholds and Implementation Guidelines.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Visalia that:
1. The above recitals are incorporated herein as findings for approval of the update to the City of Visalia VMT Thresholds and Implementation Guidelines.
2. The update to the City of Visalia VMT Thresholds and Implementation Guidelines, attached hereto as Exhibit A, is hereby adopted as a threshold of significance and criteria for screening for analyzing local transportation impacts under CEQA.
3. The thresholds of significance and screening criteria have been developed through a public review process and are supported by substantial evidence, as required by CEQA Guidelines section 15064.7.
4. The update to the numerical thresholds for VMT metrics, screening maps, and guidelines, are based on the latest edition of Tulare County Association 308
of Governments TCAG travel demand model and data, as contained in the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines document for purposes of analyzing transportation impacts under Senate Bill 743 and the California Environmental Quality Act.
5. City staff are directed to review and update the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines using the most recent approved information from the TCAG travel demand model as the information from TCAG is updated as part of the Regional Transportation Plan.
6. Future updates to the City of Visalia Vehicle Miles Traveled Thresholds and Implementation Guidelines based on the most recent approved information from the TCAG demand model do not require Council approval.
7. This Resolution shall become effective on February 3, 2025.
Adopted by the City Council at a regular meeting held on February 3, 2025, by the following vote:
309
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0571 Agenda Date: 2/3/2025 Agenda #: 6.
Agenda Item Wording:
Ordinance Adoption - Second reading and adoption of Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning) based on multiple factors including but not limited to: streamlining of land use review and changes in business and/or development trends and activity, citywide.
Deadline for Action: 2/3/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, [email protected] <mailto:[email protected]>
Devon Jones, Economic Development Manager, (559) 713-4190, [email protected] <mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2025- 01 for Zoning Text Amendment (ZTA) No. 2024-02.
Background Discussion:
On January 21, 2025, the City Council held a public hearing to consider ZTA No. 2024-02. This ZTA is a city-initiated request to implement many Zoning Ordinance updates identified over the last several years. These amendments mainly consist of edits to the ‘ZoningUse Matrix’,Table 17.25.030 in Section 17.25.030 of Title 17 but also consist of corresponding edits to Chapters 17.04 Definitions,
17.24 Business Research Park Zone, and 17.32 Special Provisions. These amendments are made to streamline land use review of various land use types and includes new or edited definitions and adjustments to other pertinent zoning code sections.
At the meeting, there was one public comment received expressing the typical inclusion of therapeutic massage services in day spa businesses and that the City may want to allow for massage services in these day spa use types as discussed in Section E of the staff report. Staff explained that the massage ordinance is currently being revised and that these considerations could be looked at further as part of that analysis but also that massage services can be allowed in these types of uses subject to adherence of the massage ordinance. After closing the public hearing, the City Council voted (3-0) to conduct the First Reading of Ordinance No. 2025-01 for ZTA No. 2024-02.
The second reading of the Ordinance is the final action the City Council takes in order for ZTA No. 2024-02 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
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File #: 24-0571 Agenda Date: 2/3/2025 Agenda #: 6.
Fiscal Impact:
None
Prior Council Action: January 21, 2025, the City Council voted (3-0) to conduct the public hearing and first reading of Ordinance No. 2025-01.
Other: N/A
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):
I move to conduct the second reading and adopt Ordinance No. 2025-01 for Zone Text Amendment No. 2024-02.
Environmental Assessment Status:
The requested action would be considered exempt under Section 15061(b)(3), Per Section 15061(b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
CEQA Review:
The requested action would be considered exempt under Section 15061(b)(3), Per Section 15061(b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Attachments:
1. Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02
2. December 9, 2024, Planning Commission staff report for ZTA No. 2024-02
3. Planning Commission Resolution No. 2024-70
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ORDINANCE NO. 2025-01
ORDINANCE NO. 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-02,
AMENDING VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) BASED ON MULTIPLE FACTORS INCLUDING, BUT NOT LIMITED TO: STREAMLINING OF LAND
USE REVIEW, CHANGES IN BUSINESS AND/OR DEVELOPMENT TRENDS AND ACTIVITY, CITYWIDE.
WHEREAS, Zoning Text Amendment No. 2024-02 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance ) based on multiple factors including, but not limited to: streamlining of land use review, changes in business and/or development trends and activity , with the specific amendments applying City-wide; and
WHEREAS, the Planning Commission of the City of Visalia , after duly publish ed notice, held a public hearing before said Commission on December 9, 2024; and
WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on January 21, 2025, and introduced said Ordinance for first reading on that date.
WHEREAS, the proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
WHEREAS, that the proposed Zoning Text Amendment is not inconsistent with any other Element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council concurs the project is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines section 15061 (b) (3), which states that the project is exempted from CEQA if the activity is covered by the commo nsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Visalia finds that the Zoning Text Amendment is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welf are, or materially injurious to properties or improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
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That Zoning Text Amendment (ZTA) No. 2024 -02, is approved, as contained in Exhibit A of this Ordinance , in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.
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Zoning Text Amendment No. 2024-02
Ordinance No. 2025-01
EXHIBIT “A”
Section 1. The Visalia Municipal Code shall be changed as follows.
Section 2. Chapter 17.04 regarding new or modified definitions.
Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.
Section 17.04.030 Definitions.
The definitions set forth in this chapter shall apply to this title. "Affordable housing" means, under state and federal statutes, housing that costs no more than thirty (30) percent of gross household income. Housing costs include rent or mortgage payments, utilities, taxes, insurance, homeowner association fees, and other related costs.
''Agricultural employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008.5, specifically meaning housing occupied by an employee of an agricultural employer, as defined in Section 1140.4 of the Labor Code, or by a farm labor contractor, as defined in Section 1682 of the Labor Code.
"Alley" means a public way reserved as a secondary means of vehicular access to abutting property that is twenty-four (24) feet in width or less. "Alter" means to do work that does not result in enlarging a building but that will prolong the life of the structure.
“Animal Day Care Facility” means an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.
“Animal Hospital” means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non- emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.
"Auction House" means an establishment where the real or personal property of others is sold by a broker or auctioneer to persons who attend scheduled sales or events.
"Bail Bonds" means a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
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“Battery Energy Storage System” means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.
"Boarding/Rooming house" means a dwelling in which lodging and meals are provided for compensation for more than three but not more than fifteen (15) persons not including members of the principal occupant's immediate family. Nursing homes as defined in this section are specifically not included.
"Block" means the properties abutting on one side of street and lying between intersections or between an intersection and the end of a street. "Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property. “Car Sales” means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.
"Check Cashing Facility" means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, payday advances, warrants, drafts, money orders or other commercial paper serving the same purpose. "Check cashing facility" does not include a State or Federally chartered bank, savings association, credit union or industrial loan company. "Check cashing facility" does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money order for minimum flat fee as a service that is incidental to its main purpose or business. “Clinic” means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary or specialty cmedical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.
“Clothing Imprinting” means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.
“Commercial Bakery” means an establishment that is primarily engaged in manufacturing bread, bread-type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.
“Commercial Kitchen” means a facility equipped to prepare food or meals to be delivered off-site to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.
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"Communications equipment building" means building housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without personnel. This definition does not apply to wireless telecommunication facilities and ancillary structures, and associated buildings, equipment, poles, towers, and lattice structures.
"Convalescent Home." See nursing home.
“Convenience Stores” Means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section
8.46.030, shall be subject to the definition of “Tobacco Shop.” Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section 17.04.030.
"Craft distillery" means an establishment that produces distilled spirits in quantities totaling less than 100,000 gallons per year that are served on site and/or sold for off-site consumption. Service and sale of distilled spirits must be in conjunction with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of brewed beverages may be conducted with or without the service of food. Micro-distillery, boutique-style distillery, and artisan distillery are included in this definition.
"Dwelling" means a structure or portion thereof designed for or occupied for residential purposes excluding automobiles, trailers, hotels, motels, labor camps, tents, railroad cars, converted transit vehicles or any type of temporary structure. "Dwelling, multi-family" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family. "Dwelling unit" means one or more rooms with cooking facilities designed for occupancy by one family for living and sleeping purposes. "Dwelling unit, accessory" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling situated.
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008, specifically meaning any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:
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1. The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.
2. The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. “Escape Room” means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.
“Event Centers” means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.
"Family" means:
1. Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]; or
2. An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind [California].
"Farmer's market" means two or more farm-producers that sell their own agricultural products directly to the general public at a fixed location, which includes fruits and vegetables, meat, fish, poultry, dairy products, and grains. "Fast food restaurant" means an establishment that offers quick food service for consumption on or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. "Fast food restaurant with drive-through" means an establishment that offers/delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages for consumption either on or off the premises.
"Floor area, gross" means the total horizontal area in square feet of the several floors of a structure, including interior balconies, mezzanines, carports, and basements, but not including the area of the inner courts.
"Frontage, primary" means that portion of a parcel that is adjacent to the public right- of-way. For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel. 317
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"Frontage, secondary" means on a corner lot, that portion of a parcel that is adjacent to a public right-of-way that is not the primary frontage. “Galleries” mean an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.
"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles. "Garage, front-loading" means a garage or carport whose entry door/opening is facing the front lot line of the lot upon which it is located. "Garage, repair" means a structure or a part thereof where motor vehicles are repaired or painted.
"Garage, side-loading" means a garage or carport whose entry door/opening is facing a side lot line of the lot upon which it is located.
"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof. "Gasoline service" means an operation that dispenses gasoline and motor fuel in conjunction with a companion permitted use or a self-service operation. "Guest house" means living quarters within an accessory structure for use by temporary guests of the occupants of the premises having no cooking facilities and not rented or otherwise used as a separate dwelling.
“Heavy Manufacturing” means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.
“Hobby/Craft Manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
"Home occupation" means any conduct of pecuniary gain by an art or profession; the offering of a service or conduct of a business, or handicraft manufacture of products within or from a dwelling in a residential zone that is clearly incidental and secondary to the use of the structure for a dwelling purpose and that does not change the character of the residential use.
"Hotel" or "motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites, and/or meeting rooms (not to exceed three thousand five hundred (3,500) square feet in area), for the accommodation of transient occupants, provided that not more than fifty (50) percent of the guest units have kitchen facilities.
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"Hospital, general" means a facility staffed and equipped to provide various types of intensified hospital care including, but not limited to, short- term care in acute medical, surgical and obstetrical services.
"Hospital, specialized" means a hospital, sanitarium, rest, nursing, or convalescent hospital care including, but not limited to, short-term care in acute psychiatric, drug addiction, or alcoholism cases or other specific illnesses. "Household hazardous waste collection center" means city and county operated household hazardous waste collection center, a facility operated by the city and county for the collection, sorting, packing, storage and shipment of small quantities (less than five gallons or fifty (50) pounds per delivery) of hazardous wastes generated in the home. Such a facility would be operated with a state approved operating plan and would require approval of the city fire marshal. The facility would serve to implement the household hazardous waste recommendations of the approved Tulare County hazardous waste management plan. Such a facility would occupy an area of not more than five hundred (500) square feet, and would not use power driven processing equipment. The facility must be located over five hundred (500) feet from existing residential uses. Waste materials collected would include, but not be limited to:
pesticides, cleaners and polishes, oil-based paints, hobby supplies and other household items considered hazardous as a result of flammability, corrosiveness, toxicity or reactivity. Items such as used motor oil and lead-acid batteries would be collected for recycling.
"Household pets" means animals or birds ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, pigeons (except as provided in Section 17.32), game birds, fowl that normally constitute an agricultural use, poisonous reptiles, and bees. Rodents and rabbits shall not exceed four per property. “Indoor Amusement Facilities” means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.
"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, used lumber yards and the like; excepting a site on which such uses are conducted within a completely enclosed structure and excepting vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. “Kennel” means an establishment where dogs, cats, or other small domestic animals are boarded, trained, or bred.
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“Light Manufacturing” means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area.
Examples of assembling include but are not limited to the production of the following:
computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly.
"Liquor store" means a retail establishment designed and operated for the primary purpose of selling alcohol. Food stores and convenience markets for which sales of food comprise the majority of gross sales, but also sell alcohol, shall not be considered as a "liquor store."
"Live Entertainment" means the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (I) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy;(iii) dance;(iv) magic act;(v) disc jockey; or (vi) similar activity. "Lodge" or "club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render service carried on as a business.
"Lot, corner" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees. "Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear. "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
"Lot line, front" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street. "Lot line, rear" means the line opposite the front lot line. "Lot line, side" means any lot line other than a front or rear lot line that intersects a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. "Low barrier navigation center" shall have the same meaning as that term is defined in California Government Code Section 65660, specifically a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and 320
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housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following.
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Market-rate housing" means housing that is available on the open market without any subsidy. The price for housing is determined by the market forces of supply and demand and varies by location.
"Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.
"Material" means any item that serves as crude or raw matter to be used or developed in conjunction with business or use.
“Media Studio” means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.
"Medical Officebuildings" means a medical facility that operates as an appointment- based medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment may be provided by one or more of the following: physician, dentist, optometrist, physical therapist, chiropractor, psychiatrist, psychologist, or similar health care professionalclinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.
"Mobile home" means a structure exceeding eight feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom, and living facilities, designed for use as a single-family dwelling unit when connected to appropriate utility lines, and has no foundation other than wheels or temporary stabilizing units.
"Mobile home park" means any parcel, or contiguous parcels of land under single ownership designed or intended to be used to accommodate mobile homes on permanent or semi-permanent bases regardless of whether or not a charge is made for such accommodations.
"Mobile home site" means any portion of a mobile home park designated for the occupancy of one mobile home and approved on-site structures in connection with such occupancy.
"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials. A 321
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mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. “Museum” means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.
"Nursery school" means the use of a site or portion of a site for organized programs devoted to the education or day care of ten or more pre-elementary school age children other than those resident on the site.
"Nursing home" means a structure operating as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
"Office" means a room or building where a particular kind of business or service for others is transacted but not including infrequent or occasional services rendered from a home.
"Office, main" means the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted.
"Office, temporary" means the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.
"Patient" means any person who is under medical observation, care or treatment and shall include the following:
"Patient, ambulatory" means a person who is capable of demonstrating the physical ability and mental competence to leave the facility without the assistance of any person in case of an emergency.
"Patient, chronic or long-term" means a person with a prolonged illness, injury or disease including mental illness or mental or behavior disorder or other competent or incompetent person requiring an extended period of medical care and treatment. "Patient, mentally retarded" means a person with a mental impairment who requires nursing care, protective supervision, training, or other services. "Patient, short-term" means a person who is under medical observation, care or treatment of a short period of time and generally considered to be ambulatory. “Personal Services” Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also 322
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include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.
"Planned neighborhood commercial center" means a facility to provide for convenience shopping in the residential neighborhoods planned and controlled to the extent that any such areas will provide the vital services to the neighborhood in which it is located.
"Porte Cochere" means a roofed structure extending from the entrance of a building over an adjacent driveway to shelter those entering or exiting a vehicle, or a passageway through a structure designed to let vehicles pass from the street to an interior courtyard.
“Professional Office” means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field.
Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.
“Professional Office with Social Services” means a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.
“Prototype Manufacturing or Makerspace” means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three-dimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.
"Public utility service yard" means an area for the storage of public utility vehicles and material and office facilities for installation, maintenance and construction personnel. "Quasi-public use" means any use that is listed as a conditional use within the R-1 zone.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of a main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
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"Recreational Vehicle." See travel trailer.
"Raw materials manufacture" means asphalt paving & roofing materials manufacture; concrete, gypsum & plaster products manufacture; cotton processing/cotton gins; glass manufacturers (crushing, melting, pressing, blowing, shaping); graphite refractories; tile & brick manufacturers; metal reduction, smelting, refining (steel mills, blast furnaces); mineral product manufacture (crushing, grinding, pulverizing); paper mills; plastic & rubber compounds; sawmills & planing mills; and similar raw materials manufacturing uses.
"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
Recycling facilities may include the following:
1. Collection Facility. A collection facility means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated in "Recycling Facilities Criteria and Standards," as adopted or modified by resolution of the council of the city of Visalia. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities that occupy an area of not more than five hundred (500) square feet, and are limited to handling only California CRV redeemable beverage containers, and may include:
1. A mobile unit,
2. Bulk reverse vending machines occupying more than fifty (50) square feet,
3. Kiosk type units that may include permanent structures,
4. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that may occupy an area of more than five hundred (500) square feet and may include permanent structures.
2. Processing Facility. A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
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a. A light processing facility occupies an area under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers;
b. A heavy processing facility means any processing facility other than a light processing facility.
"Rest Home." See nursing home.
"Residential boarding facility" means a building or group of buildings containing individual rooms for the accommodation of residents and having a common kitchen facility.
“Residential Unit Reoccupation” means a single-family dwelling, situated in a non- residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.
"Reverse vending machine(s)" means an automated mechanical device that accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. "Senior citizen residential development" means a residential development developed, substantially rehabilitated, or substantially renovated, for persons fifty-five (55) years of age or older, wherein all of the occupied dwelling units are occupied by at least one person who is fifty-five (55) years of age or older. This definition does not include nursing homes or other types of housing communities where nursing, dietary, or other personal services are provided.
"Sensitive Receptor" means a location, place or facility that contains people that have an increased sensitivity to air pollution or other environmental contaminants. Sensitive receptor locations may include, but are not limited to, schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). "Service station" means a place that supplies gasoline, diesel or other motor fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and replacement ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.
"Shopping center" means two or more attached uses that are located on same property and jointly use ancillary facilities.
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"Shopping center, major" means two or more uses located upon a site of ten acres or more with the major tenant occupying thirty thousand (30,000) square feet or more. "Sign." See Chapter 17.48.
"Single room occupancy" means a living unit that has a gross floor area of between 120 and 220 sq. ft., typically that is furnished, with or without individual bathroom or kitchen facilities, that is intended for long term occupancy by their tenant or tenants. "Sit down restaurant/café" means an establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state. Customers are normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed.
"Site" means a usable parcel of land.
"Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the horizontal distance between the front and rear lot lines of a site measured along a line midway between the side property lines. "Site width" means the horizontal distances between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
"Smoke Shop/Tobacco Store" means any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
"Stable" means an accessory structure including but not limited to corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and that are not kept for remuneration, hire, or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or displayed preliminary to slaughtering, shipping or resale. "Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, that affords the principal means of access to abutting land. "Structure" means anything constructed or erected that requires location on the ground, including a building but not including a fence or a wall used as a fence that is seventy-two (72) inches in height or lower, or poles and appurtenances thereto used for the provision of public utilities as specifically excepted from the provision of this title pursuant to Section 17.02.040.
"Structure, accessory" means a detached subordinate structure located on the same site with the main structure or the main use of the land; attached structures open on three sides or more.
"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (as the term "target population" defined in Government Code Section 65582(i)), and that is linked to onsite or offsite service that assists the 326
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supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Transient occupancy" means occupancy, or entitlement to occupancy, by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
"Travel trailer" means any vehicle that at no time exceeds eight feet in width at its widest point and is less than forty (40) feet in length at its longest point, and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, that is intended for permanent or semi-permanent use and that has no foundation other than wheels and temporary stabilizing units.
“Tutoring Center” Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non- physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.