RESOLUTION NO. 2025-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA ADOPTING GENERAL PLAN AMENDMENT NO. 2024-01: A REQUEST BY THE CITY OF VISALIA TO ADOPT A COMPREHENSIVE UPDATE TO THE SAFETY ELEMENT OF THE VISALIA GENERAL PLAN, AND TO ADOPT A NEW ENVIRONMENTAL JUSTICE ELEMENT FOR INCLUSION IN THE VISALIA GENERAL PLAN. THE REGULATIONS WILL APPLY CITYWIDE TO PROPERTIES WITHIN THE URBAN GROWTH BOUNDARY OF THE CITY OF VISALIA. THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CODE OF REGULATIONS SECTION 15061(B)(3).
WHEREAS, General Plan Amendment No. 2024-01 is a request by the City of Visalia to adopt a comprehensive update to the Safety Element of the Visalia General Plan, and to adopt a new Environmental Justice Element for inclusion in the Visalia General Plan. The regulations will apply Citywide to properties within the Urban Growth Boundary of the City of Visalia; and WHEREAS, in September 2024 the City of Visalia had its 6th Cycle Housing Element certified by the State of California Department of Housing and Community Development; and WHEREAS, California Senate Bills 1035 (2018) and 379 (2015) require all cities to address climate change adaptation and resilience in the General Plan Safety Element, requiring the Safety Element be updated along with the Housing Element; and WHEREAS, California Senate Bill 1000 (The Planning for Healthy Communities Act (Leyva, 2016)) requires jurisdictions that have Disadvantaged Communities (DACs) to incorporate environmental justice into their general plans whenever two or more elements are updated concurrently; and WHEREAS, because the City of Visalia has updated its Housing Element, triggering a Safety Element update as part of the Housing Element update process, the City is also adopting a new Environmental Justice Element to comply with State law; and WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Environmental Justice, Safety, and Conservation Elements constitutes a General Plan Amendment (“GPA”); and WHEREAS, the City posted the draft elements online at www.housevisalia.com and requested public comment for a 30-day review period, beginning June 3, 2024 for the Environmental Justice Element and beginning October 21, 2024 for the Safety Element; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on January 27, 2025; and WHEREAS, the Planning Commission of the City of Visalia considered General Plan Amendment No. 2024-01 to be in accordance with Section 17.54.070 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing as prescribed by law on February 18, 2025, for General Plan Amendment No. 2024-01, to adopt a comprehensive update to the Safety Element of the Visalia General Plan and to adopt a new Environmental Justice Element for inclusion in the Visalia General Plan, and at said public hearing considered all testimony and arguments made during the public hearing and considered all factors relating to the adoption of the elements; and, WHEREAS, the City Council of the City of Visalia does find the Safety and Environmental Justice Element Update in accordance with the purposes, intent, and policies of the General Plan of the City of Visalia, and considers adoption of these Elements to be in accordance with Section 17.54.070 of the Zoning Ordinance of the City of Visalia regarding General Plan Amendments and on the evidence contained in the staff report and testimony presented at the public hearing; and, WHEREAS, the City Council finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed General Plan Update represents the adoption of a policy document with implementation programs with no changes to ordinances or regulations going into effect at this time and which will not in and of itself have a significant impact on the environment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia adopts General Plan Amendment No. 2024-01 based on the following specific findings and evidence presented:
The proposed General Plan Amendment for the adoption of the Safety and Environmental Justice Elements is internally consistent with the general plan. The General Plan comprises an integrated, internally consistent, and compatible statement of policies governing land use in the city. The proposed GPA directly affects the Safety Element by applying updates and creates an Environmental Justice Element to comply with State law. The most important aspect of consistency among general plan elements is that policies and implementation measures do not conflict but support one another to achieve the overall goals and vision of a general plan. In preparing the Environmental Justice and Safety Element, the City reviewed goals and policies in the various elements of the General Plan. With the passage of SB 1035 in 2018, the City was mandated to update its Safety Element to include any new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies. In coordination with the Housing Element Update, the City has undertaken updates to the Safety Element and has created an Environmental Justice Element for internal consistency and compliance with State law. The Environmental Justice Element’s relationship and consistency with the remainder of the General Plan is addressed in the Introduction of the Environmental Justice Element.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed GPA to adopt the Safety and Environmental Justice Elements is consistent with the provisions of the General Plan. The updates are reasonably related to the public health, safety and welfare because it guides and accommodates land uses and housing in accordance with regional and local population growth projections and the housing needs of all economic segments of the community.
There are no direct land use changes related to the Safety and Environmental Justice Elements. The proposed land use designation changes identified in the already-certified 6th Cycle Housing Element are physically suitable in that the Housing Element Update is consistent with state law and General Plan Guidelines.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the City of Visalia Environmental Review Guidelines. The City has found, in accordance with the California Environmental Quality Act (CEQA), that the Safety Element and Environmental Justice Element updates are covered by the common sense CEQA exemption (CEQA Guidelines Section 15061[b][3]) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since no development project or other physical change to the environment would be approved by the adoption and/or amendment of the Safety and Environmental Justice Elements, it can be seen with certainty that there is no possibility that adoption may have a significant effect on the environment, and therefore are not subject to CEQA. Any proposed future amendments to City zoning regulations and the General Plan Land Use Element pursuant to State housing law, as well as future housing development projects, will be subject to additional review and appropriate documentation pursuant to CEQA.
BE IT FURTHER RESOLVED, that the City Council of the City of Visalia approves General Plan Amendment No. 2024-01, as depicted in Attachment 2 (“Public Hearing Draft Safety Element Update) and Attachment 3 (Public Hearing Draft Environmental Justice Element Update), attached to the City Council staff report and incorporated by this reference, with the inclusion of the following minor edits as recommended by City staff:
PASSED AND ADOPTED: February 18, 2025 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-07 passed and adopted by the Council of the City of Visalia at a regular meeting held on February 18, 2025.
Dated: February 19, 2025 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk