RESOLUTION NO 2025-14
A RESOLUTION OF THE city council OF THE CITY OF VISALIA denying the appeal and UPHOLDING the planning commission’s approval of Tentative Parcel Map No. 2024-08: A request to subdivide approximately 284 acres into 14 parcels to facilitate industrial and supportive service-oriented development. The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN: 077-840-004, 005, 006) WHEREAS, Tentative Parcel Map No. 2024-08 is a request to subdivide approximately 284 acres into 14 parcels to facilitate industrial and supportive service-oriented development. The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN: 077-840-004, 005, 006); and WHEREAS, the Draft Environmental Impact Report and appendices attached thereto (collectively, the “Draft EIR”) for the Shirk & Riggin Industrial Park Project, which considered impacts from Tentative Parcel Map No. 2024-08, was released on April 11, 2024, for circulation for a period of 45 days, ending on May 28, 2024; and, WHEREAS, the Final EIR was released on January 17, 2025; for purposes herein, the “Final EIR” consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses of the City of Visalia to significant environmental points raised in the review and consultation process; errata to the foregoing; and other information included by the City of Visalia as detailed more fully therein and as specified in the record; and, WHEREAS, the California Environmental Quality Act (CEQA) required that, in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which in full are contained in Planning Commission Resolution No. 2025-05 pertaining to the certification of the Final EIR prepared for the Shirk and Riggin Industrial Park Project; and, WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on February 10, 2025; and, WHEREAS, the Planning Commission of the City of Visalia found Tentative Parcel Map No. 2024-08 in accordance with Chapter 16.28 of the Subdivision Ordinance of the City of Visalia, based on the evidence contained in the administrative record, including, without limitation, the staff report and testimony presented at the public hearing, and approved Tentative Parcel Map No. 2024-08 subject to findings and conditions; and, WHEREAS, an appeal of the Planning Commission’s approval of Tentative Parcel Map No. 2024-08 and Conditional Use Permit No. 2024-26 was received by the City Clerk of the City of Visalia on February 20, 2025; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on March 17, 2025 to consider said appeal; and, WHEREAS, the City Council of the City of Visalia has now considered the appeal of Tentative Parcel Map No. 2024-08 in accordance with Visalia Municipal Code Section 16.28.080, and more fully in accordance with Visalia Municipal Code Chapter 16.28, based on the evidence contained in the administrative record, including, without limitation, the staff report and testimony presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia has separately found that the Final EIR for the Shirk & Riggin Industrial Park Project, State Clearinghouse No. 2022080658, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines, and that in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which are now, in full, contained in City Council Resolution No. 2025-09 pertaining to the certification of the Final EIR prepared for the Shirk and Riggin Industrial Park Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:
That the proposed location and layout of the tentative parcel map, its improvement and design, and the conditions under which it will be maintained are consistent with the relevant policies, provisions, and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.
That the proposed tentative parcel map, its improvement and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The project site does not directly abut any existing developed uses, and development standards contained within the City’s Zoning Ordinance such as setbacks and landscaping will address land use conflicts.
That the site is physically suitable for the proposed tentative parcel map. The project is consistent with the intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is situated on land designated for Industrial and Light Industrial use.
That the site is physically suitable for the proposed tentative parcel map which is consistent with the underlying Industrial and Light Industrial Land Use Designation and zone. The design of the proposed parcel map or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed industrial / commercial map. The industrial / commercial parcel map is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording for new street improvements, including the construction of curb, gutter, curb return, sidewalk, parkway landscaping, and pavement.
That the proposed location of the tentative parcel map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances. The proposed location of the parcel map is in accordance with the applicable objectives of the Zoning Ordinance and the relevant purposes of the zone in which the site is located. Certain General Plan policies, such as LU-P-100, identify the implementation of development standards to ensure that new industrial / commercial development will contribute to positive land use compatibility.
That there is no evidence that the project would cause quantifiable significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the relevant policies, provisions and intent of the General Plan, Zoning Ordinance and applicable development standards.
That the design of the parcel map or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
That the proposed parcel sizes resulting from the parcel map are consistent with the Zoning Ordinance’s Industrial zone applicable standards since they are part of a master planned development as identified in Site Plan Review Item No. 2024-096 and in the Shirk and Riggin Industrial Park Project Final EIR.
That this Tentative Parcel Map is consistent with the project description and the analysis contained in the Final EIR (SCH# 2022080658), and for which said Final EIR has been certified by the City Council of the City of Visalia, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and the State CEQA Guidelines and City of Visalia Environmental Guidelines.
BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby denies the appeal and upholds the Planning Commission’s approval of Tentative Parcel Map No. 2024-08 on the real property herein above described in accordance with the terms of this resolution under the provisions of Section 16.28.080 of the Ordinance Code of the City of Visalia, subject to the following conditions:
That the parcel map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2024-096 incorporated herein by reference.
That Tentative Parcel Map No. 2024-08 be prepared in substantial compliance with the parcel map in Attachment 3, attached herein.
That a common access, maintenance, and landscaping agreement be entered into for all project parcels. That CC&R’s including vehicular access, shared parking, landscaping and permanent maintenance of all common areas such as the public street parkways and perimeter landscaping, project identification signage and walls, stormwater basins and related infrastructure, and all similar infrastructure agreements shall be recorded with the final parcel map. The CC&R’s and/or vehicular access agreements shall address property owners’ responsibility for repair and maintenance of the easement, repair and maintenance of shared public or private utilities, and shall be kept free and clear of any structures. All property owners are equally responsible for these requirements. The City Planner and City Engineer shall review for approval these CC&R’s or vehicular access agreements verifying compliance with these requirements prior to the CC&R’s recordation.
That Conditional Use Permit No. 2024-26 be approved, and that requirements of the use permit that relate to this map shall be fulfilled.
That approval of Tentative Parcel Map No. 2024-08 shall not become effective unless Annexation No. 2024-03, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2024-03.
That no permits shall be issued for grading or development on the site until the site is completely removed from any applicable Land Conservation Contracts and Agricultural Preserves encumbering the site.
That all applicable federal, state, regional, and city policies and ordinances be met.
That the mitigation monitoring and reporting program and its mitigation measures adopted with the Final EIR certified for the project (State Clearinghouse 2022080658) and all conditions of this project be met during construction and upon final occupancy and ongoing operation of the project.
PASSED AND ADOPTED: March 17, 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 2025-14 passed and adopted by the Council of the City of Visalia at a regular meeting held on March 17, 2025.
Dated: March 18, 2025 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
Resolution No. 2025-14