Visalia City Council
June 2, 2025

CITY ATTORNEY SERVICES AGREEMENT
This CITY ATTORNEY SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into this __ day of June, 2025, by and between the CITY OF VISALIA (hereinafter referred to as the "City") and PELTZER & RICHARDSON, L.C. ("PRLC"), hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, the City seeks legal counsel concerning issues of general municipal law and other issues related to the operation of the City; and
WHEREAS, Article IV, Section 1 of the City's Charter requires the appointment of a City Attorney, and Article IV, Section 5 provides that the City Council shall appoint the City Attorney; and
WHEREAS, PRLC has considerable experience representing public agencies, including the City, and is willing, qualified and duly licensed to provide legal services to City as City Attorney under this contract as an independent contractor, subject to the terms and conditions herein stated; and
WHEREAS, the City has determined that PRLC is qualified by training and experience to render such services, and PRLC has agreed to provide such services; and WHEREAS, the public interest will be served by this Agreement.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES
(a) City Attorney Basic Services Defined. City hires PRLC to provide "City Attorney Basic Services" as defined herein below to the City. PRLC shall be the exclusive provider of the City Attorney Basic Services as described herein. The services provided shall include:
(i) Attend all regular meetings, and special meetings as needed, of the City Council and the City Planning Commission. The attorney's duties in this connection shall be to render advice and opinions with respect to all legal matters which arise during any such meeting.
(ii) Consult with and provide legal advice, including written opinions where appropriate, to Council members and City staff on all matters, as needed, including but not limited to: contract interpretation and enforcement; interpretation of City Charter and Municipal Code, and state or federal laws or regulations as they relate to City activities; the processing of public works contract bids and related matters; matters related to the winding up of redevelopment agency activities; and assistance with environmental review activities of the City, including application of the California Environmental 503
City Attorney Legal Services Agreement

Quality Act (CEQA) to City projects.
(iii) Attend meetings of other boards, commissions, committees, and staff of the City, when requested to do so by the City Council or the City Manager. (iv) Review and/or prepare ordinances, resolutions, orders, contracts, agreements, forms, notices, declarations, certificates, deeds, leases, and other legal documents required by the City.
(v) Conduct legal work pertaining to property acquisition, property disposal, public improvements, public rights of way and easements, and matters relating to public utilities; activities related to the negotiations for the acquisition or disposition of real property shall not be included within this scope of work.
(vi) Manage and coordinate the work of all litigation counsel as directed by the City Council and City Manager, including review and tracking of litigation counsel billing statements before presentment to the City for payment. (vii) Initiate and prosecute civil, criminal or administrative actions to enforce the provisions of the Visalia Municipal Code; provided, however, that if such enforcement action entails protracted court appearances or civil litigation filings, the matter shall be considered litigation and outside this scope of City Attorney Basic Services.
(viii) All general office overhead, including copying, library, software services, insurance and administrative costs, and local mileage charges, but excluding travel more than 25 miles from Visalia, overnight mail charges and any other direct cost item, shall be included at no cost within the City Attorney Basic Services.
(b) Exclusions From City Attorney Basic Services. The following activities shall not be considered City Attorney Basic Services, and shall be provided either by outside legal counsel or by Contractor pursuant to separate agreement. (i) Litigation, which is defined as: any matter involving actions filed in the state or federal court system, any matter involving a quasi-judicial administrative proceeding, and any matter involving a claim filed with the City pursuant to the California Government Claims Act. Management and coordination of outside legal counsel as described in Section 1(a) above is not included within this exception.
(ii) Regular consultation with the City Human Resource Manager regarding personnel matters.
(iii) Labor negotiations.
(c) City Attorney Special Services. The following activities shall not be considered City Attorney Basic Services. PRLC shall receive written approval from the City Manager for commencement of a matter as a Special Services activity. (i) Negotiations for the acquisition or disposition of Real Estate or Right of Way interests.
(ii) Retained litigation, which is defined as a matter of litigation that is anticipated to involve limited or minor court appearances, which could be 504
City Attorney Legal Services Agreement

most effectively and cost efficiently litigated directly by PRLC, including matters for which PRLC has participated extensively in the administrative handling of a City matter prior to litigation, such as eminent domain or CEQA lawsuits, where the court involvement will likely be limited and an extension of in-scope work, short term, or where Real Parties in Interest counsel will take the laboring oar (at the RPI’s expense). (iii) SGMA/Water Rights/Groundwater Fees.

2. APPOINTMENT- CITY ATTORNEY AND ASSISTANT CITY ATTORNEY (a) City, by and through its City Council, does hereby appoint Kenneth J. Richardson as City Attorney as provided in the City's Charter. As specified in the Charter, Mr.

Richardson shall serve solely at the pleasure of the City Council. The appointment of Mr. Richardson as City Attorney shall remain in effect during the term of this Agreement. The City Council may terminate the appointment, with or without cause as specified in paragraph 14 of this Agreement.
(b) In recognition of the fact that there may be occasions when the City Attorney is unavailable and to facilitate efficient provision of legal services, the City appoints Alex Peltzer and Jim Koontz as Assistant City Attorneys. The City Attorney shall not miss two or more consecutive meetings of the City Council without prior approval of the City Manager. The City Attorney may not, without the consent of the City Council, designate other attorneys in PRLC to serve as an Assistant City Attorney.

3. COMPENSATION AND METHOD OF PAYMENT
(a) City agrees to pay PRLC FIFTY THOUSAND AND SIX HUNDRED DOLLARS ($50,600.00) per month for the provision of all services described under the "Scope of Services" in Section 1 of this Agreement, for the period beginning July 1, 2025 through June 30, 2026. City agrees to pay PRLC FIFTY-TWO THOUSAND AND SIX HUNDRED AND TWENTY-FIVE DOLLARS ($52,625.00) per month for the provision of all services described under the "Scope of Services" in Section 1 of this Agreement, for the period beginning July 1, 2026 through June 30, 2027. (b) City agrees to pay PRLC TWO HUNDRED AND TWENTY ($220) per hour of attorney time and ONE HUNDRED AND FIFTY ($150) for paralegal time for matters approved as Special Services, as described in Section 1(c) above regarding "City Attorney Special Services," provided the City Manager has confirmed authorization for such specialized services in writing. (c) PRLC will not charge the City of Visalia for any copy, facsimile, postage, local courier or telephone charges. PRLC will charge for out-of-pocket expenses associated with litigation (filing, expert witness, court reporters and copying of documents in response to discovery requests), conference registration (registration fees for conferences related to continuing education will not be charged to the City), and travel expenses related to out-of-town business. 505
City Attorney Legal Services Agreement

(d) PRLC will bill the City on a monthly basis with itemization and detail sufficient to meet City's accounting needs. PRLC and City will specify detail necessary for accounting purposes prior to the commencement of legal services pursuant to this agreement. PRLC will provide one set of bills for payment per month, but may request payment of such bills through up to two separate payments. Billing shall be accounted for in one-tenth hour increments.
(e) City will pay all bills as required by this Agreement within THIRTY (30) days of receipt. If the City does not comply with these requirements, PRLC may terminate this Agreement upon written notice to the City.

4. TERM
Unless otherwise terminated as provided herein, this Agreement shall commence on July 1, 2025, and shall extend through June 30, 2027. City shall have the option of extending this Agreement for one additional term of one or two years, on the same terms and conditions provided herein, by providing 60 days notice in writing of City's intent to exercise this option to extend. The terms and conditions of this Agreement shall apply to any extended term, including the compensation provided for herein, subject to the rate review provisions provided in Section S(b) below.

5. PERFORMANCE REVIEW
(a) Annual Performance Review. On or about April 1
st each year during the term of this
Agreement, the City Council shall audit and review the performance and legal fees of PRLC and its members or associates in furnishing the services provided hereunder, and the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not necessarily limited to, changes in compensation provisions, which changes or amendments shall be evidenced by written amendment or by minute order evidencing motion duly made and carried by the City Council. Nothing in this paragraph shall be deemed to prevent or inhibit more frequent review of performance, compensation, or other matters relating to this Agreement or otherwise inhibit the free and candid exchange of views between the parties hereto, to the end that the legal interests of City shall best be served and PRLC shall fairly be compensated for legal services rendered. (b) Compensation and Scope Review. It is understood that the compensation provision of this Agreement is based on the assumption that full performance of the indicated Scope of Services will require approximately 300 hours of combined attorney and para-professional staff work on an average monthly basis, and that attorney time will constitute approximately 80 percent of the total time, on average. In the event that significantly more or less work than anticipated is required to adequately perform the indicated Scope of Services, the parties agree to confer annually regarding increase or decrease in either the Scope of Services, the compensation provisions of this Agreement, or both.
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City Attorney Legal Services Agreement

7. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to PRLC or any successor in interest in the event of any default or breach by the City or for any amount which may become due to PRLC or successor or on any obligation under the terms of this Agreement.

8. ASSIGNMENT OF AGREEMENT
PRLC shall not assign or transfer any interest in, nor delegate any duties thereof in this Agreement. Any assignment or delegation without express written consent of the City shall be void.

9. RESPONSIBILITY OF PRLC
PRLC shall take and assume all responsibility for the services rendered in connection with this Agreement. PRLC shall render its services in accordance with the standard of care required of a competent practitioner engaged in a similar practice of law. Mr. Richardson shall be responsible for ensuring that PRLC provides the highest quality legal services.

PRLC agrees to provide conscientious, competent and diligent services and at all times will seek to achieve solutions, which are just and reasonable for the City. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, PRLC cannot and does not warrant, predict or guarantee results or the final outcome of any case or matter.

10. INDEPENDENT CONTRACTOR
PRLC hereby declares that it is engaged in an independent business and agrees to perform said services as an independent contractor and not as the agent or employee of the City. PRLC agrees to be solely responsible for its own matters relating to payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters.

PRLC agrees to be solely responsible for its own acts and those of its subordinates and employees during the life of this Agreement.

11. INSURANCE.
(a) PRLC shall have and maintain in full force and effect the insurance policies set forth in Attachment A, which is attached hereto and incorporated herein. All policies, certificates or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. PRLC shall provide the City with a copy of said policies, certificates prior to commencing work under this Agreement. (b) Thirty (30) days prior written notice of cancellation shall be given to the City in the event of expiration, cancellation or reduction in coverage of any nature. Such notice shall be sent to:
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City Attorney Legal Services Agreement

City Manager City of Visalia
220 N. Santa Fe
Visalia, California 93292
(c) Proof of Coverage: Copies of the required certificates of insurance, which shall be provided by PRLC insurance company as evidence of the stipulated coverages.

This Proof of Insurance shall then be mailed to:

City Manager City of Visalia
220 N. Santa Fe
Visalia, California 93292

12. CONFLICTS OF INTEREST.

PRLC declares it has no holdings or interests within the City of Visalia, which preclude it from serving as City Attorney. Further, PRLC declares that it has disclosed its list of clients to the City Manager. PRLC has no business holdings or agreements with any official or other representatives of the City of Visalia.

13. CONFIDENTIALITY
To the extent permitted by law, all the reports, information, data or other materials prepared or assembled by PRLC under this Agreement, including PRLC's opinion and conclusions based upon such items, are confidential. PRLC agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without the prior written approval of the City.

14. TERMINATION
(a) This Agreement may be terminated, with or without cause, in writing by the City for its convenience, provided that no such termination may be affected unless PRLC is given not less than thirty (30) days written notice (delivered by certified mail, return receipt requested) of the intent to terminate. (b) Any termination shall provide for payment to PRLC for services rendered and expenses incurred prior to the termination.
(c) Upon receipt of a termination notice PRLC shall (1) promptly discontinue all services affected (unless the notice directs otherwise) and (2) deliver to the City all records, reports, and files of the City.
(d) Upon termination, the City may take over the work and prosecute the same to completion by agreement with another party or otherwise. (e) The rights and remedies of the City and PRLC provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. 508
City Attorney Legal Services Agreement

15. FILE RETENTION AND DESTRUCTION.

PRLC shall safely maintain and store all files, records and other materials acquired in the course of its representation of the City. No files will be destroyed without the consent of the City.

16. NONDISCRIMINATION
In connection with the execution of this Agreement, PRLC shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, ancestry, national origin, disability, age, genetic information, marital status, sexual orientation, gender identity and gender expression, medical condition, military or veteran status, or any other classification protected by law.

17. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof; and no other agreement, statement, or promise relating to the subject matter of this Agreement not contained herein shall be valid or binding.

18. INTERPRETATION OF AGREEMENT
This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California.

19. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties.

IN WlTNESS WHEREOF, the City and PRLC have executed this Agreement on the date first written above.

CITY OF VISALIA PELTZER & RICHARDSON, LC
By: ________________________ By:________________________ Leslie Caviglia, City Manager Alex M. Peltzer, President By:________________________
Brett Taylor, Mayor
509

ATTACHMENT A

INSURANCE REQUIREMENTS
PRLC, at PRLC's sole cost and expense and for the full term of this Agreement or any renewal thereof shall obtain and maintain at least all of the following minimum insurance requirements prior to commencing any work or receiving payments therefor under this Agreement:
(a) A COMPREHENSIVE GENERAL LIABILITY policy with a minimum limit of not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit for personal injury, bodily injury, and property damage.
(b) A WORKERS COMPENSATION AND EMPLOYERS LIABILITY policy written in accordance with the Labor Code of the State of California and Employers Liability limits of $1,000,000.00 per accident. The insurer shall agree to waive all rights of subrogation against the Agency, its officials, employees, and agents for losses arising from work performed by the contractor for the Agency. (c) A PROFESSIONAL LIABILITY ERRORS AND OMISSIONS policy in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per claim, TWO MILLION DOLLARS ($2,000,000.00) aggregate.
(d) AUTOMOTIVE INSURANCE. The attorneys at PRLC agree to keep in good standing valid California driver's licenses at all times during the term of this Agreement. PRLC shall also obtain, and keep in force during the term hereof, a policy of motor vehicle public liability insurance which shall afford not less than the following amounts of coverage: ONE MILLION DOLLARS ($1,000,000.00) per accident for bodily injury and property damage.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0157 Agenda Date: 6/2/2025 Agenda #: 1.

Agenda Item Wording:

Public Hearing Authorizing Miscellaneous Special Assessments on Tulare County Secured Property Tax Roll - Adoption of Resolution 2025-17 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.

Prepared by: Ruth Pena, Financial Analyst [email protected] <mailto:[email protected]> 713-4327, Renee Nagel, Finance Director [email protected] 713-4375 Department Recommendation:

It is recommended that the City Council conduct a public hearing to allow individuals an opportunity to protest any charges they believe are being assessed improperly. After holding the Public Hearing, it is recommended the Visalia City Council adopt Resolution 2025-17 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for collection.

Summary: Each year, the Council considers a Resolution to place assessments on the property tax roll for collection. The total parcels and amounts requested to be placed on the tax roll are preliminary until the final filing date of August 11, 2025 with the Tulare County Auditor-Controller’s Office. Until the filing date, the list may change due to payments being received or parcel numbers being removed if they are not active in the County database. The final list, and its assessments, will not increase from the preliminary listing. The only changes that will occur will result in a decrease in parcels submitted and dollar amount assessed. A final listing of the parcel numbers and amounts assessed will be available after August 31, 2025.

The preliminary amount for fiscal year 2025/26 is $9,429,514 and will be assessed on 26,203 parcels. It is possible that some parcels may receive more than one type of assessment, resulting in a reduction in the number of actual parcels being assessed.

Background Discussion:

The placing of miscellaneous special assessments on the Tulare County secured property tax roll is an annual process which allows the City to collect fees for three general categories:

1. Agreements Entered Into at the Property Owner’s Request · Curb and Gutter
· Sewer Connection
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· Deferred Impact Fees

2. Special District Assessments
· Property and Business Improvement District
· Northeast Improvement District
· Landscape and Lighting Maintenance District
· Landscape and Lighting Parks Construction
· Open Space Assessment District
· Orchard Walk East/West Utility Assessment District
· Laura and Atwood Water Main Assessment District

3. Delinquent Service Charges
· Utilities
· Code Enforcement
· Weed and Lot Abatement
City departments are responsible for calculating and levying the charges and fees for the services they render, and the assessments they administer. The property owners are notified of the tax roll assessment individually, and in accordance with the applicable law, at: 1) the time of the agreement, as in the case of the owner requested services; 2) through a balloting process, as in the case of assessments in Landscape and Lighting Districts that do not have an automatic annual increase provision; and 3) receipt of a 45 day notice by mail, as in the case of delinquent service charges.

Property owners are also notified of the tax roll assessment through a 10-day notice of the Public Hearing published in the newspaper by the City Clerk. All notifications and public hearings are in accordance with the Visalia Ordinance Code, Proposition 218, and California Law.

A preliminary listing, including the parcel number and the dollar amount to be assessed will be on file with the City Clerk after June 2, 2025. The listing is preliminary until the final filing date of August 11, 2025, with the Tulare County Auditor-Controller’s Office. Until the filing date, the list may change due to payments being received or parcel numbers being removed due to not yet being active in the County database. The final list will not increase from the preliminary listing. The only changes that will occur will result in a decrease in parcels submitted and the dollar amount assessed. A final listing of the parcel numbers and amounts assessed will be on file with the City Clerk after August 31, 2025.

A comparison of the FY 2025/26 current year preliminary assessments with the 2024/25 prior year preliminary assessments is shown in Table 1: Tax Roll Summary. The table shows an increase of 426 parcels in this year’s tax roll compared to last year.

Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels$ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 1 1,127 - - (1) (1,127)
Sewer Connection 54 49,497 53 51,018 (1) 1,521
Deferred Impact Fees 4 284,869 1 163,061 (3) (121,808)
Subtotal 59 335,493 54 214,079 (5) (121,414)
Special District Assessments
Property and Business Improvement Dist 278 447,796 275 447,796 (3) - Northeast Improvement District 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Dist 19,790 5,992,681 19,806 6,804,139 16 811,458 Landscape & Lighting Parks Construction 256 23,675 256 23,675 - - TABLE 1: TAX ROLL SUMMARY
Change from prior Year
FY 24/25 - Preliminary FY 2025/26 - Preliminary
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Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels$ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 1 1,127 - - (1) (1,127)
Sewer Connection 54 49,497 53 51,018 (1) 1,521
Deferred Impact Fees 4 284,869 1 163,061 (3) (121,808)
Subtotal 59 335,493 54 214,079 (5) (121,414)
Special District Assessments
Property and Business Improvement Dist 278 447,796 275 447,796 (3) - Northeast Improvement District 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Dist 19,790 5,992,681 19,806 6,804,139 16 811,458 Landscape & Lighting Parks Construction 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 - - Orchard Walk East/West Utility Assess Dist 16 52,062 17 48,969 1 (3,093) Laura and Atwood Water Main Assess Dist 18 20,021 18 20,021 - - Subtotal 23,729 6,705,989 23,743 7,514,354 14 808,365
Delinquent Service Charges
Utilities 1,457 920,838 1,718 1,070,651 261 149,813
Code Enforcement 471 371,885 640 573,679 169 201,794
Weed & Lot Abatement 61 58,893 48 56,751 (13) (2,142)
Subtotal 1,989 1,351,616 2,406 1,701,081 417 349,465
Total 25,777 $ 8,393,098 26,203 $ 9,429,514 426 $ 1,036,416 TABLE 1: TAX ROLL SUMMARY
Change from prior Year
FY 24/25 - Preliminary FY 2025/26 - Preliminary
Attachment 2 provides a comparison of FY 2024/25 preliminary and final numbers and the FY 2025/26 preliminary numbers. The final tax roll is always less than the preliminary tax roll due to property owners making payments until the final list is submitted to the County.

The following are descriptions of the categories, the types of assessments within each category and the preliminary amounts expected to roll to taxes in FY 2025/26 for each assessment.

1. Agreements Entered Into at the Property Owner’s Request The assessments below are supported by an agreement between the City of Visalia and the property owner.
· Curb & Gutter: There are no assessments for the construction of curb and gutter or sidewalk.
· Sewer Connection: 53 Parcels totaling $51,018
These assessments are for the construction of the main line and lateral for connection to the Visalia Wastewater Treatment Plant for property owners that opted to pay connection costs through their property tax bill over a five- or ten-year period. A 5% interest rate is charged on the outstanding principal balance each year. · Deferred Impact Fees: 1 Parcels totaling $163,061
These assessments are for certain eligible companies whose operations meet specific guidelines established by City Ordinance. The ordinance allows these companies to Visalia City Council Page 3 of 6 Printed on 5/30/2025
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guidelines established by City Ordinance. The ordinance allows these companies to elect to pay their development impact fees over five years on the property tax roll.

2. Special District Assessments
The following assessments represent Special Districts that are placed on the Tulare County secured property tax roll. Proposition 218 requires that any increase be approved by a vote of the property owners unless the district was created with or has implemented a benefit assessment increase allowance.
· Property and Business Improvement District (PBID): 275 Parcels totaling $447,796
PBID V, with a term of January 1, 2020, through December 31, 2029, was approved on July 15, 2019. The PBID District will benefit from the improvements, projects, programs and activities funded by the assessments. With the approval of Council, the funds are administered by the Downtown Property Owners Association (POA) which was created for this specific purpose. The POA currently subcontracts the daily operation of the PBID to Downtown Visalians, Inc, a non-profit organization formed to improve the image and economic vitality of the downtown commercial district.

The PBID preliminary amount shown above represents the portion of PBID assessments which can be placed on the tax roll. The remaining PBID assessments are for properties owned by public agencies, which do not pay property tax, and will be billed through City Accounts Receivable. The City Council received the annual report on May 19, 2025. No increase was proposed for 2025/26. The amount is the same as 2024/25.
· Northeast Improvement District: 3,234 Parcels totaling $156,386 This special assessment is for the Northeast Open Space and the assessments are used to develop and maintain the Northeast Area Specific Plan. This includes the maintenance of the landscape and lighting along the medians in St. Johns Parkway, Mill Creek Parkway, Lovers Lane and improvements along Houston Ave. · Landscape & Lighting Maintenance Districts (L&L): 19,806 Parcels totaling $6,804,139
These special assessments are for the maintenance of improvements in L&L Maintenance Districts. This includes the annual cost of maintaining common area real property improvements in and around specific subdivisions. Each subdivision parcel shares equally in the annual cost of the landscape maintenance. In general, additions to L&L districts lag a year or two when being added to the tax roll. The increase in parcels is due to the creation of new districts and annexations into existing districts.

Increases in assessments may be due to these newly added parcels, automatic assessment increases, or the result of a ballot process. · Landscape & Lighting Parks Construction: 256 Parcels totaling $23,675 These special assessments are for park construction costs that have been financed through a General Fund loan to be repaid over a 20-year period. The FY25/26 assessments are for the Majestic Park loan which will be paid off by 2036.

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· Open Space Assessment District: 137 Parcels totaling $13,368 These special assessments are for costs related to maintenance of landscaping in the district.
· Orchard Walk East/West Utility District: 16 Parcels totaling $48,969 These special assessments are for the debt service costs of bonds related to improvements for underground utilities. The formation of this Assessment District was approved on October 19, 2009, and the bonds will mature on September 2, 2026. As of June 30, 2022, $135,000 of the principal balance remained outstanding. · Laura and Atwood Water Main Assessments: 18 Parcels totaling $20,021 These special assessments are for extending Cal Water Service water mains to homes in the Laurel and Atwood Street neighborhoods. The cost of the extensions is being repaid from a 15-year bond assessment which the property owners will repay with their property tax payment at 4% interest. The balance is scheduled to be paid off in 2030.

As of June 30, 2024, $103,914 of the principal balance remained outstanding.

3. Delinquent Service Charges
The remaining assessments are collection charges which provide a means for the City of Visalia to annually collect money owed to the City which the City has not been able to collect through the normal billing process.
· Utilities: 1,718 Parcels totaling $1,070,651
These assessments are used for accounts with delinquent service charges for refuse and/or sewer service. Delinquencies collected in this manner are limited to amounts owed in the property owner’s name at the specific parcel. For delinquent accounts owed by property owners, Finance recalls the uncollected debt from the collection agency and places the past due amount on the tax roll.
· Code Enforcement: 492 Parcels totaling $573,679
These assessments are for code enforcement cost recovery fees, which are based upon administrative costs and costs of enforcement. The fees included are for building, fire department, natural resource conservation, and animal control code violations. · Weed and Lot Clearing: 48 Parcels totaling $56,751
These assessments are for the clearing of weeds and/or other material that pose a fire hazard on properties. These are assessed by the Fire Department.

Any items contested by property owners will return to Council at the June 23rd meeting with details on the assessment. These items will require a separate vote.

Fiscal Impact:

If not approved, this will negatively affect several funds and could potentially require increased fees and charges to subvent non-collectable accounts through alternative billing methods.

Prior Council Action: Council has authorized Finance to submit the annual tax roll for many years to Visalia City Council Page 5 of 6 Printed on 5/30/2025
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ensure collection of special assessment fees and delinquent service charges.

Other: N/A
Alternatives: Do not authorize Finance to submit the tax roll. This will negatively affect several funds and could potentially require increased fees and charges to subvent non-collectable accounts through alternative billing methods.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2025-17 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 6/2/2025
Attachments: Attachment 1: Resolution 2025-17; Attachment 2: Tax Roll Summary; Attachment 3:

Power Point Presentation
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ATTACHMENT 1
RESOLUTION NO. 2025-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

CERTIFYING TO THE COUNTY THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE MISCELLANEOUS SPECIAL ASSESSMENTS ON THE

SECURED TAX ROLL
WHEREAS, Section 25831 of the Government Code and Section 40059 of the Public Resources Code establishes the procedure for collection of solid waste fees remaining unpaid to the local agency for 60 days or more; and
WHEREAS, Sections 38771-38775 of the Government Code authorizes cities to declare what constitutes a nuisance, establish a procedure for the abatement of a nuisance, and make the cost of abatement of a nuisance a special assessment against the parcel; and WHEREAS, Sections 5610-5630 of the Streets and Highways Code authorizes cities to recover the costs of repairing sidewalks, curbs, and gutter as a special assessment, Sections 22500-22679 authorize the creation of landscape and lighting assessment districts ; and WHEREAS, the City is a charter law city under the laws of the State of California and authorized to possess, and exercise all powers and rights vested in said City of Visalia, under its charter, the Constitution of California and the laws of the state, and all powers which a municipal corporation may lawfully possess or exercise under the Constitution of California, which include but are not limited to the sewer services, creation of assessment districts, creation of underground utility districts, and for the collection of development impact fees; and WHEREAS, the written notices have been mailed to all delinquent accounts, and the required public hearings have been held as specified by the Visalia Ordinance Code; and WHEREAS, a public hearing was held on June 2, 2025; and

WHEREAS, the City is placing miscellaneous special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the special assessments have been levied in accordance with a particular benefit to each parcel to be assessed without regard to its assessed valuation; and WHEREAS, the Curb and Gutter special assessments are for the construction of curb and gutter or sidewalk for the specific parcel; and
WHEREAS, the Sewer Connection special assessments are for the construction of the service lateral and for connection to the Visalia Waste Water Treatment Plant for the specific parcel; and
WHEREAS, the Deferred Impact Fee special assessments are for the development impact fees of eligible companies whose operations have met the specific guidelines established by City Ordinance; and
517
WHEREAS, the Property and Business Improvement District special assessments are for the improvements, projects, programs and activities of the Visalia downtown; and WHEREAS, the Northeast Improvement District special assessments are used to develop and maintain the Northeast Area Specific Plan; and WHEREAS, the Landscape & Lighting Maintenance District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and
WHEREAS, the Landscape & Lighting Parks Construction special assessments are used for the repayment of a General Fund loan that financed the construction of Majestic Park in the Woodside Sousa District ; and
WHEREAS, the Open Space District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and WHEREAS, the Orchard Walk East/West Utility special assessments are for the repayment of debt associated with the costs and expenses to improve underground utilities; and WHEREAS, the Laura and Atwood Water Main special assessments are for the repayment of a 15 year bond for water main extensions in these specific neighborhoods; and WHEREAS, the Delinquent Utilities special assessments are used for the payment of delinquent service charges for refuse and/or sewer service that are billed for city services only accounts; and
WHEREAS, the Code Enforcement special assessments are used for the cost recovery of Code Enforcement fees for the specific parcel; and
WHEREAS, the Weed & Lot Abatement special assessments are used for the clearing of weeds and other materials from lots which pose a fire hazard.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Visalia that the list submitted with parcel numbers, and amount are certified as being correct, the Finance Director is hereby directed to give the list to the Tulare County Auditor for placement on the secured tax roll for collection:

1. Curb and Gutter special assessments,

2. Sewer Connection special assessments,

3. Deferred Impact Fee special assessments,

4. Property and Business Improvement District special assessments,

5. Northeast Improvement District special assessments,

6. Landscape and Lighting Maintenance District special assessments,

7. Landscape and Lighting Parks Construction special assessments,

8. Open Space District special assessments,

9. Orchard Walk East/West Utility special assessments,

10. Laura and Atwood Water Main special assessments,

11. Delinquent Utilities special assessments,

12. Code Enforcement special assessments,

13. Weed and Lot Clearing special assessments.
518
PASSED AND ADOPTED:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA
519
Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 1 1,127 1 1,127 - - (1) (1,127)
Sewer Connection 54 49,497 53 48,719 53 51,018 - 2,299
Deferred Impact Fees 4 284,869 4 284,869 1 163,061 (3) (121,808) Subtotal 59 335,493 58 334,715 54 214,079 (4) (120,636) Special District Assessments
Property and Business Improvement District 278 447,796 276 447,796 275 447,796 (1) - Northeast Improvement District 3,234 156,386 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Districts 19,790 5,992,681 19,786 5,887,299 19,806 6,804,139 20 916,840 Landscape & Lighting Parks Construction 256 23,675 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 137 13,368 - - Orchard Walk East/West Utility Assessment District 16 52,062 17 52,062 17 48,969 - (3,093) Laura and Atwood Water Main Assessment District 18 20,021 18 20,021 18 20,021 - - Subtotal 23,729 6,705,989 23,724 6,600,607 23,743 7,514,354 19 913,747 Delinquent Service Charges
Utilities 1,457 920,838 1,042 738,704 1,718 1,070,651 676 331,947 Code Enforcement 471 371,885 348 194,080 640 573,679 292 379,599 Weed & Lot Abatement 61 58,893 55 50,600 48 56,751 (7) 6,151 Subtotal 1,989 1,351,616 1,445 983,384 2,406 1,701,081 961 717,697 Total 25,777 $ 8,393,098 25,227 $ 7,918,706 26,203 $ 9,429,514 976 $ 1,510,808 ATTACHMENT 2
Tax Roll Summary
Change from prior Year
FY 2024/25 - Preliminary FY 2024/25 - Final FY 2025/26 - Preliminary 520
2025-26 TAX ROLL

ASSESSMENTS
521

TAX ROLL PROCESS
• Annually, Council approves fees and charges to be
placed on the Tax Roll
• Items contested during the Public Hearing are
discussed in detail at the next meeting
• The final parcels and amounts are due to the
County by August 11th
• Amount presented tonight is higher than the final
amount due to payments being received until June
30th
522

TAX ROLL CATEGORIES

1. Agreements Entered Into at the
Property Owner’s Request

2. Special District Assessments

3. Delinquent Service Charges
523

OWNER REQUESTED SERVICES
Owner Requested Services Total: $214,079
• Sewer Connection: $51,018 – 53 parcels
• Deferred Impact Fees: $163,061 – 1 parcel
524
SPECIAL ASSESSMENTS (1 OF 2)
Special Assessments Total: $7,514,354
• Property and Business Improvement District (PBID):
$447,795 – 275 parcels
• Northeast Improvement District: $156,386 – 3,234 parcels • Landscape and Lighting Districts: $6,804,139 – 19,806 parcels
• Landscape and Lighting Parks Construction: $23,675 –
256 parcels
525
SPECIAL ASSESSMENTS (2 OF 2)
• Open Space Assessment District: $13,368 – 137 parcels • Orchard Walk East/West Utility District: $48,969 – 17 parcels
• Laura and Atwood Assessments: $20,021 – 18 parcels
526

DELINQUENT SERVICE CHARGES
Delinquent Service Charges Total: $1,701,081
• Delinquent Utilities: $1,070,651 – 1,718
parcels
• Code Enforcement: $573,679 – 640 parcels
• Weed and Lot Abatement: $56,751 – 48
parcels
527

TAX ROLL SUMMARY
Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 1 1,127 - - (1) (1,127)
Sewer Connection 54 49,497 53 51,018 (1) 1,521
Deferred Impact Fees 4 284,869 1 163,061 (3) (121,808)
Subtotal 59 335,493 54 214,079 (5) (121,414)
Special District Assessments
Property and Business Improvement Dist 278 447,796 275 447,796 (3) - Northeast Improvement District 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Dist 19,790 5,992,681 19,806 6,804,139 16 811,458 Landscape & Lighting Parks Construction 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 - - Orchard Walk East/West Utility Assess Dist 16 52,062 17 48,969 1 (3,093) Laura and Atwood Water Main Assess Dist 18 20,021 18 20,021 - - Subtotal 23,729 6,705,989 23,743 7,514,354 14 808,365
Delinquent Service Charges
Utilities 1,457 920,838 1,718 1,070,651 261 149,813
Code Enforcement 471 371,885 640 573,679 169 201,794
Weed & Lot Abatement 61 58,893 48 56,751 (13) (2,142)
Subtotal 1,989 1,351,616 2,406 1,701,081 417 349,465
Total 25,777 $ 8,393,098 26,203 $ 9,429,514 426 $ 1,036,416 TABLE 1: TAX ROLL SUMMARY
Change from prior Year
FY 24/25 - Preliminary FY 2025/26 - Preliminary
528

ACTION REQUIRED TONIGHT
• Conduct Public Hearing to allow
individuals to protest any charges they
believe are being assessed improperly.
• Action Recommended - Approve all
tax roll items that were not protested
during the Public Hearing.
529
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0169 Agenda Date: 6/2/2025 Agenda #: 2.

Agenda Item Wording:

Blankenship Subdivision Annexation - Public Hearing and consideration for the following actions related to the project located at the southeast corner of East Caldwell Avenue and South Santa Fe Street (APN: 123-400-005 and 123-400-001):

1. Adopt Initial Study / Mitigated Negative Declaration No. 2024-63 for Annexation No. 2024-05 and Blankenship Tentative Subdivision Map No. 5602 (Resolution No. 2025-31 required); and

2. Initiation of proceedings for Annexation No. 2024-05, a request by San Joaquin Valley Homes to annex two parcels totaling approximately 71.43 acres into the City limits of Visalia (Resolution No. 2025-32 required); and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County Requirements; and

4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement.

Deadline for Action: 6/2/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Colleen A. Moreno, Assistant Planner, (559) 713-4031, [email protected] <mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:

The Planning Commission and staff recommends that the City Council initiate annexation proceedings for the subject site by taking the following actions:

1. Adopt Initial Study / Mitigated Negative Declaration No. 2024-63 for Annexation No. 2024-05; and

2. Initiate proceedings on Annexation No. 2024-05 with the Tulare County Local Agency Formation Commission (LAFCO); and

3. Authorize the detachment of property from County Service Area No. 1 in accordance with State and County requirements (APN: 123-400-005 and 123-400-001); and

4. Authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.

If approved by the City Council, staff will file the Annexation application with LAFCO.

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File #: 25-0169 Agenda Date: 6/2/2025 Agenda #: 2.

Summary:

Annexation No. 2024-05 is recommended by Planning Commission and staff to be submitted to LAFCO based on the findings wherein the project is consistent with General Plan Policy LU-P-21 that allows and directs development to occur in the City’s Tier II Urban Development Boundary (UBD) and Policy LU-P-19 and Policy LU-P-55, which supports concentric growth and development of singlefamily residential projects.

The annexation is a request to annex 71.43 acres (see Attachment #3) of land containing General Plan land use designations of Low Density Residential and Mixed-Use Commercial to facilitate the development of the Blankenship Tentative Subdivision Map, which was conditionally approved by the Planning Commission on April 28, 2025 (See Attachment #10). The annexation and tentative subdivision map have been requested by the applicant, San Joaquin Valley Homes (SJVH).

Background Discussion:

Subdivision Information
The Blankenship Tentative Subdivision Map No. 5602 is a request to subdivide 62.43 acres of the overall total annexation area of 71.43 acres, into a 203-lot single-family residential subdivision. The subdivision will be developed in two phases, with the first phase developing 123 lots and the second phase developing the last 80 lots of the 203-lot subdivision (see Attachment #4), with a remainder of

7.04 acres of C-MU (Mixed Use Commercial) zoning, not to be developed with this project. The project will adhere to the R-1-5 zoning district for lot sizes of 5,000 square feet or greater, ensuring compatibility with the General Plan. The proposed subdivision will be developed at a density of 3.65 dwelling units per acre, which is consistent with the Residential Low Density land use designation for the site of 2 to 10 units per acre.

Annexation Information
The applicant has filed an application to initiate the annexation of two parcels totaling 71.43 acres (Annexation No. 2024-05) to facilitate the development of the 203-lot subdivision on approximately

62.53 acres. The annexation can be supported on the basis that the proposed use is consistent with Land Use Policy LU-P-21, which allows for annexation and development of residential land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram. The site can be serviced with all the requisite utilities and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by the Local Agency Formation Commission (LAFCO) but cannot approve a final subdivision map until after the land is annexed and the annexation recorded through the Tulare County Recorder.

Detachment for Service Area No. 1
The subject site is part of Tulare County Service Area No. 1. Services provided in Service Area No. 1 include domestic water and sewer. Detachment of the project area from Service area No. 1 is required upon annexation as future development will receive domestic water and sanitary services from the California Water Service Company and the City of Visalia.

Annexations submitted to LAFCO require that the City include a request to detach the annexed area Visalia City Council Page 2 of 6 Printed on 5/30/2025
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from the County’s service area. The detachment is reflected in the Resolution (see Attachment #2).

Pre-Annexation Agreement
The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation (see Attachment #5).

City Council District
If the annexation area is approved, the parcel will be annexed into Voting District 2 per the Council Election Voting Map. This is reflected in the draft Resolution No. 2025-32 (see Attachment #2).

Providing of City Services:

The project will require improvements to the following infrastructure:
· Water Service: Water service to the subdivision will be provided by the California Water Service Company. A Will Serve Letter from the California Water Service Company shall be provided prior to issuance of any residential building permit for the project site. · Sanitary Sewer: The sewer system will have to be extended to the boundaries of the development where future connection and extension is anticipated. The sewer system will be sized in order to service the entire subdivision. The developer will be required to coordinate with City staff on design and construction requirements for the sanitary sewer. The sanitary sewer master plan for the entire development will be required to be submitted for review prior to approval of any portion of the system.
· Storm Drainage: Storm water retention will be required with the subdivision. An additional storm drainage main installation is required in accordance with the City Master Plan on South Santa Fe Street. The applicant has been instructed to coordinate with City Engineer for conformance.
· Pocket Park: A portion of the project site will be devoted to a pocket park. The park is intended to provide an open space amenity adjacent to the TID canal and will be maintained through a Landscape and Lighting District.

The full complement of city services and programs, including Police and Fire protection, public parks usage, and Solid Waste collection, will be provided to the project site and future occupants of the project site upon annexation.

General Plan Consistency
The project site is located within the Tier II Urban Development Boundary. The stated purpose of the Urban Development Boundaries are to guide the timing, type, and location of growth, to preserve resource lands, natural features, and open space, and to promote infill and redevelopment. The Visalia General Plan Policy LU-P-21 includes phasing thresholds based on the issuance of building permits for allowing annexation and development of urban land within the Urban Development Boundary Tier II. The threshold of issuing building permits for 5,850 housing units since April 1, 2010, that is necessary to expand from Tier I to Tier II has been met. As of July 1, 2021, the City has issued permits for 5,868 housing units. Due to meeting this threshold, the Urban Development Boundary expanded from Tier I to Tier II by Resolution No. 2021-38 at the July 19, 2021, City Council meeting.

The Blankenship annexation and subdivision area lies within Tier II which aligns with the General Visalia City Council Page 3 of 6 Printed on 5/30/2025
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File #: 25-0169 Agenda Date: 6/2/2025 Agenda #: 2.

Plan Policy.

The project is consistent with General Plan Policy LU-P-19 of the General Plan, which states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”. In addition, the project is also consistent with General Plan Policy LU-P-55 which supports the development of R-1-5 zoned properties with single-family subdivisions. Existing utility infrastructure (i.e. sewer, storm, and water) can be extended from nearby urban development to accommodate the project build out. The proposed 203-lot single family residential will be compatible with existing residential development surrounding the site.

Staff supports the project because the project meets the overall intent of the General Plan and its policies.

Development Standards for Blankenship Subdivision
All of the proposed lots will meet the standard R-1-5 zoning (Single-Family Residential, 5,000 square foot minimum site area) standards for lot size and setbacks.

The average lot size for the subdivision is approximately 7,395 square feet, with the minimum lot size being 5,111 square feet (Lot 175) and the maximum lot size being 18,407 square feet (Lot 80). Each lot within the subdivision will conform to the development standards of the Visalia Municipal Code Chapter 17.12 Single-Family Residential which requires the following minimum lot area and setbacks:

Minimum Lot
Area
Front Side Street Side Rear
5,000 sq. ft. 15-ft to habitable
space. 22-ft to
garage
5-ft 10-ft 25-ft
Street Connectivity and Improvements
The developer of the subdivision will be required to widen and install South Santa Fe Street roadway, located to the west of the project site, to a standard Collector Road as well as remaining frontage improvements along South Burke Street to the east. Additionally, there will be street block connectivity within the subdivision with local city standard streets. Improvements on all streets located within and surrounding the subdivision include curb, gutter, sidewalks, parkway landscaping, and street lighting.

The developer of the subdivision is also required to coordinate with the City of Visalia’s Capital Improvements (CIP) Engineering Division for improvements along Caldwell Avenue, regarding the Caldwell Avenue Improvement Project, which is located north of the project site. These improvements along Caldwell Avenue including the remainder commercial parcel include but are not limited to curb, gutter, sidewalks, parkway landscaping and street lighting.

Landscape and Lighting District (LLD) and Block Walls
An LLD will be required for the long-term maintenance of the landscaping, lighting, pocket park, outlot areas and block walls within the subdivision. Please note that a block wall will be required along the shared property lines between the commercial zoned property and properties zoned residential; however, the requirement to install this block wall will be deferred until the commercial zoned Visalia City Council Page 4 of 6 Printed on 5/30/2025
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however, the requirement to install this block wall will be deferred until the commercial zoned property is developed.

Oak Tree Preservation (VMC Chapter 12.24)
The City has a municipal ordinance in place to protect valley oak trees. Per the Biological study submitted by the applicant, the tentative subdivision map, and a staff visit on April 16, 2025, to the project site, oak trees are located within the annexation area. All existing valley oak trees located near or within the project site are subject to the valley oak tree ordinance. The ordinance clearly provides the requirements for removal, pruning, as well as mitigation if the oak trees are to be removed. If the applicant requests to remove the valley oak trees, an Oak Tree Removal Permit shall be submitted and reviewed for approval or denial.

Agricultural Land Preservation Program Ordinance (VMC Chapter 18) The annexation area is located within the City’s Tier II growth boundary and is also defined as Prime Farmland per the Tulare County Farmland Mapping and Monitoring Program. Based on the project’s location and designation, the development of this site is subject to the City’s Agricultural Preservation Ordinance.

The developer of the project is subject to comply with the requirements of the adopted ordinance.

The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions. In addition, the preserved land obligation, as established in Section 18.04.070(A) of the APO, shall be preserved through acquisition of an agricultural easement in accordance with Section 18.04.080, unless eligible for payment of an in-lieu fee in accordance with Section 18.04.090 of the APO.

Please note that Great Valley Land Trust has obtained an agricultural easement for the developer of the Blankenship subdivision project that was approved to form by the City Council at their November 18, 2024, meeting. The agricultural easement was recorded on December 6, 2024, which satisfies the provisions of the City’s APO.

Planning Commission Review and Action:

At the April 28, 2025, Planning Commission meeting, staff presented the item as described in this report to the Commission. After receiving the staff presentation and receiving no public comments in opposition of the project, several Planning Commissioners stated their support for the project based on the project’s consistency with the City’s General Plan and the City’s objectives for balanced growth and infill development. The Planning Commission recommended approval of the annexation and general plan amendment to the City Council by a 4-0-1 (one Commissioner absent) vote (see Attachment #9).

Fiscal Impact:

No impact to the City. Future development of the property will require the developer to pay development impact fees.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Deny the Annexation; or
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File #: 25-0169 Agenda Date: 6/2/2025 Agenda #: 2.

2. Refer the matter back to the Planning Commission; or

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to approve Resolution No. 2025-31, adopting Initial Study / Mitigated Negative Declaration No. 2024-63; and
I move to approve Resolution No. 2025-32, to initiate proceedings for Annexation No. 2024-05, to authorize the detachment of property from County Service Area No. 1, and authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners.

Environmental Assessment Status: An Initial Study and Mitigated Negative Declaration were prepared for the proposed project (see Attachment #6).

CEQA Review: Initial Study and Mitigated Negative Declaration No. 2024-63 (see Attachment #6) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources: Four (4) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to the United States Fish and Wildlife Services Bird of Conservation Concern (i.e. Nuttall’s Woodpecker). Additionally, the City received one comment letter in response to the Initial Study.

Attachments:

1. Resolution No. 2025-31 certifying Initial Study and Mitigated Negative Declaration No. 2024- 63 2. Resolution No. 2025-32 initiating the Proceedings for Annexation No. 2024-05 and Detachment from County Service Area No. 1

3. Annexation Exhibit & Legal Description

4. Blankenship Tentative Subdivision Map No. 5602

5. Draft Pre-Annexation Agreement

6. Initial Study / Mitigated Negative Declaration No. 2024-63

7. Environmental Study - Biological Habitat Assessment

8. Environmental Study - Cultural Resources Assessment

9. Planning Commission Resolution No. 2024-77 - Annexation No. 2024-05

10.Planning Commission Resolution No. 2024-76 - Tentative Subdivision Map No. 5602

11.Planning Commission Staff Report

12.General Plan Land Use Map

13.Zoning Map

14.Aerial Map

15.Vicinity Map

16.PowerPoint Presentation
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Resolution No. 2025-31
RESOLUTION NO. 2025-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2024-63,

WHICH EVALUATES ENVIRONMENTAL IMPACTS FOR ANNEXATION
NO. 2024-05 AND TENTATIVE SUBDIVISION NO. 5602.

WHEREAS, the project consisting of Annexation No. 2024-05 and Tentative Subdivision Map No. 5602 (hereinafter “Project”) is a request to annex 71.43-acres into the City Limits of Visalia in order to facilitate the development of a 62.53 acre single-family residential subdivision comprising of 203-lots. The project site is located at the southeast corner of East Caldwell Avenue and South Santa Fe Street within the jurisdiction of the County of Tulare (APNs: 123-400-005 and 123-400-001); and, WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on May 19, 2025; and, WHEREAS, on the basis of this Initial Study, a Mitigated Negative Declaration has been prepared for the Project pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended; and
WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project were prepared and noticed for review and comment for 20 days beginning on April 3, 2025, and ending on April 23, 2025; and,
WHEREAS, the City of Visalia did receive one comment on the Initial Study and Mitigated Negative Declaration, wherein City concluded that additional conditions of approval are necessary for the project related to the development of the tentative subdivision; and,
WHEREAS, the City Council of the City of Visalia considered the Initial Study and Mitigated Negative Declaration and found that the Initial Study and Mitigated Negative Declaration contain and reflect the independent judgment of the City of Visalia.

NOW, THEREFORE, BE IT RESOLVED that the Initial Study and Mitigated Negative Declaration was prepared consistent with the California Environmental Quality Act (CEQA) and the City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby finds, on the basis of the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and hereby adopts Initial Study and Mitigated Negative Declaration No. 2024-63. The documents and other material which constitute the record of the proceedings upon which the decisions based are located at the office of the City Planner, 315 East Acequia Avenue, Visalia, California, 93291.
536
Resolution No. 2025-31
PASSED AND ADOPTED: May 19, 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 2025-31 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 19, 2025.

Dated:May 20, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
537
Resolution No. 2025-32
RESOLUTION NO. 2025-32

A RESOLUTION OF APPLICATION BY THE CITY OF VISALIA REQUESTING THE

CITY OF VISALIA INITIATE PROCEEDINGS FOR FILING WITH THE TULARE COUNTY LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 2024-05 AND DETACHMENT OF PROPERTY FROM COUNTY SERVICE AREA NO. 1, PERTAINING TO PARCELS TOTALING APPROXIMATELY 71.43 ACRES. UPON ANNEXATION, APPROXIMATELY 62.53 ACRES WILL BE UTILIZED FOR THE BLANKENSHIP TENTATIVE SUBDIVISION AS 55.49 ACRES OF THE SITE WILL BE ZONED R-1-5 (SINGLE-FAMILY RESIDENTIAL, 5,000 SQUARE FOOT MINIMUM SITE AREA) AND APPROXIMATELY 7.04 ACRES OF THE SITE WILL BE ZONED CMU (MIXED USE COMMERCIAL), WHICH IS CONSISTENT WITH THE GENERAL PLAN LAND USE DESIGNATION. THE SITE IS LOCATED ON THE SOUTHEAST CORNER OF SOUTH SANTA FE STREET AND EAST CALDWELL AVENUE (APNS:
123-400-005 & 123-400-001).

WHEREAS, Annexation No. 2024-05 is a proposed annexation of a total of 71.43 acres into the city limits (“Project”). The project site is located at the southeast corner of East Caldwell Avenue and South Santa Fe Street within the jurisdiction of the County of Tulare (APN: 123-400-005 & 123-400-001); and
WHEREAS, the City Council of Visalia desires to initiate proceedings for annexation to said city of territory described on the attached legal description and annexation map included as Exhibit “A” of this resolution; and WHEREAS, the Council of the City of Visalia desires to annex said territory to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) The annexation will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) The annexation will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the territory proposed to be annexed is uninhabited; and WHEREAS, the territory proposed to be annexed is adjacent to City Limits; and WHEREAS, the territory proposed to be annexed is located in Voting District 2 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and
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Resolution No. 2025-32
WHEREAS, an Initial Study was prepared which disclosed that environmental impacts are determined to be less than significant with mitigation measures; and WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, held a public hearing before said Commission on April 28, 2025; and WHEREAS, the City Council of the City of Visalia, after a 10-day published notice, held a public hearing before said Council for Annexation No. 2024-05 on May 19, 2025, and found the project consistent with the General Plan; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby makes the following findings with regard to the project:

1. That the annexation is consistent with the policies and 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.

2. That the proposed Annexation, which will re-designate 71.43 acres if AE-20 (Agricultural Exclusive 20-acre) County zone district to R-1-5 (Single-Family Residential, 5,000 minimum square foot site area) and C-MU (Mixed Use Commercial) zone district, which will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the parcels are not located within an Agricultural Preserve.

4. That the parcel will be annexed into Voting District 2 per the Council Election Voting District Map.

5. That an Initial Study was prepared for this project, consistent with the California Environment Quality Act (CEQA), which disclosed that environmental impacts are determined to be not significant with mitigation and that Mitigated Negative Declaration No. 2024-63, incorporating the Mitigation Monitoring Program included within, is hereby adopted.

BE IT FURTHER RESOLVED, that the Council of the City of Visalia requests the actions:

1. Application is hereby made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory described on the attached legal description and illustrated in the map attached as Exhibit “A”.

2. Proceedings shall be taken for this annexation proposal pursuant to Title 5, Division 3, Part 3 of the California Government Code and other relevant provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

3. In conjunction with the proceedings being taken for this annexation proposal, application is also hereby being made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California, for detachment from County Service Area No. 1.
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4. The Council hereby requests waiver of the conducting authority proceedings in accordance with Government Code Section 56663(c).

5. That the proposed Annexation, which will re-designate 71.43 acres if AE-20 (Agricultural Exclusive 20-acre) County zone district to R-1-5 (Single-Family Residential, 5,000 minimum square foot site area) and C-MU (Mixed Use Commercial) zone district, which will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

6. That the parcel will be annexed into Voting District 2 per the Council Election Voting District Map.

7. The City Clerk of the City of Visalia is authorized and directed to file a certified copy of this resolution with the Executive Officer of Tulare County LAFCO.

8. That the That the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft Pre-Annexation Agreement is attached herein as Attachment “B” of Resolution No. 2025-32. The agreement is subject to final approval by the City Council of the City of Visalia.

PASSED AND ADOPTED: May 19, 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 2025-32 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 19, 2025.

Dated: May 20, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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Exhibit “A” of Resolution No. 2025-32
– Annexation Legal and Plat
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-32
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Exhibit “B” of Resolution No. 2025-32
– Draft Pre-Annexation Agreement
Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this ____ day of _________, 20___, by and among the City of Visalia, a charter law city (“City’) and Gerald Jr & Jean Kristy Blankenship, (hereinafter “Owners”):

RECITALS
WHEREAS, Owners are the record owners of a portion of property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and
WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and WHEREAS, Owners desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), which would permit the Property to be used for Residential Low Density use; and WHEREAS, the Property consists of approximately 62.53 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and tentative subdivision map as may be required for the Property; and WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _________, 20__, initiated proceedings to annex the Property; and
WHEREAS, finding adoption of Resolution No. 20__-_____ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and WHEREAS, Owners acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and 543
Resolution No. 2025-32
welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

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

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

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

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

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF AGREEMENT Generally, each party to this Agreement is benefited and burdened by detachment from the County and annexation to the City. Owners will obtain a variety of services from City and City will obtain additional tax revenues. City has adopted ordinances, regulations, and policies concerning design, improvement, construction, development and use of property within the City. Nothing contained in this Agreement shall constitute a waiver of City’s legislative, governmental, or police powers to promote and protect the health, safety, and welfare of City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by City of any tax or fee. The purpose of this Agreement is to spell out additional conditions to which Owners will be subject following annexation and prior to development within the City due to the burden placed on City by Owners desired annexation:

A. Water Acquisition Policy: Although City’s current water service provider, California Water Service, continues to issue will-serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem. Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water Conservation District and it has adopted a policy, as set forth in Chapter 16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexation and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order to serve new development that comes with annexation, including development of the Property (the “Water Acquisition Policy”). Therefore, Owners agrees that, at the time that LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will comply with the Water Acquisition Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment 544
Resolution No. 2025-32
and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owners reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No post-annexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owners comply with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owners agree that it shall identify all water rights which, to the best of Owners knowledge, have been used by Owners or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City. City shall cooperate with Owners in valuing such water rights for the purposes of determining the amount of offset to be applied against the in-lieu fee as required pursuant of the Water Acquisition Policy. Owners further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owners own that may be in addition to those required to meet Owners obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of a building permit covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such water rights conveyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with conveyance of water rights or payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property.

B. General Plan Maintenance Fee: On June 21, 2004, the City adopted (by Resolution 2004-63, as corrected) a General Plan Maintenance Fee. Owners agree that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $495 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more building permits covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property. Owners satisfaction of its obligations under this Section II(B) will satisfy any and all of Owners obligations related to and arising under the General Plan Maintenance Fee.

C. Plan For Providing Services. The parties agree to cooperate in, and to take such actions as may be necessary to ensure, the diligent preparation of a Plan For Providing Services to the Property, to be submitted to LAFCO along with City’s annexation application, in accordance with Cortese-Knox-Hertzberg Act requirements.
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Developer understands and agrees that building permits and other entitlements for development on the Property will not be issued unless and until each and every condition herein is met.

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

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

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

VI. MISCELLANEOUS
a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.
b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party. 546
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c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement.
d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owners, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93291
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King
Visalia, CA 93291
To Owner: Gerald Blankenship Jr. & Jean Kristy Blankenship 1515 Bonnie Doone
Corona Del Mar, CA 92625
San Joaquin Valley Homes
Attn: Steven Macias
5607 Avenida de los Robles
Visalia, CA 93291
Or such other address as the parties may from time to time designate by giving notice as required hereunder.
e. Entire Agreement. This Agreement represents the entire agreement between the City and Owners as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement. 547
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j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owners and that Owners are not an agent of City. City and Owners hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owners joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
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q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
r. Future Development Impact Fees. The Owners hereby acknowledge that the City may, from time to time, adopt additional development impact fees at some time in the future after annexation of the Property. The Owners hereby agree that, in the event that the City adopts an ordinance imposing a development impact fee, in accordance with applicable legal requirements, prior to issuance of a vesting project approval for development of any portion of the Property, Owners will be subject to the requirements of such citywide development impact fee program to the extent applicable at the time Owners seek a vesting project approval for a project on the Property. This provision is not intended to retroactively subject the Property to additional annexation-related fees that may be adopted in the future.
s. Prezoning. City agrees to promptly process and, after City completes and adopts its environmental review, consider Owners application to prezone the Property, as required by the Cortese-Knox-Hertzberg Act’s prezoning requirements. The R1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation is the adopted prezonings for the Property, in accordance with Visalia Municipal Code Chapters 17.12 and Section 17.06.050(A), which section states that all territory which is annexed into the City shall be classified to the zone as indicated on the Visalia General Plan land use map, as adopted by the City (the “Prezoning”). The R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation permits residential land uses, as specified by the City of Visalia Municipal Code.

Upon execution of this Agreement, City shall use its best efforts to (i) promptly complete its environmental review of the Project and consider its adoption thereof, and (ii) complete its preparation of the proposed prezoning contemplated by this subsection II(E) and consider its approval thereof. If City approves the prezoning contemplated by this subsection II(E), the terms and conditions of such prezoning shall be included in City’s application to LAFCO for the annexation of the Property to City, which application shall promptly be submitted to LAFCO by City.
t. Development Impact Fees: The Owners shall pay all applicable development impact fees for any subsequent development on the Property at the time that building permits are issued, or prior to issuance of final occupancy, if applicable, at the discretion of the Community Development Director, or as may be required by ordinance. A list and amount of development impact fees can be located in the City’s current version of the Development Fee Schedule. /////
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

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

Date: ____________ By: _________________________________ Reyna Rivera, City Clerk
Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson, City Attorney
OWNERS
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
550

EXHIBIT A

GEOGRAPHIC DESCRIPTION

CITY OF VISALIA
ANNEXATION NO. 2024-05
Being a portion of the West half of the Northeast quarter and a portion of the East 160 feet of the Northwest Quarter of Section 8, Township 19 South, Range 25 East M.D.M. in the County of Tulare, State of California described as follows:

Commencing at the North Quarter corner of said Section 8; thence N89°56’49”E along the North line of said Northeast quarter a distance of 57.31 feet; thence S00°03’11”E a distance of 55.59 feet to a point on the South right-of-way of Caldwell Avenue as established by the property conveyed to the City of Visalia in the Deed recorded January 8, 2024 as Document No. 2024-0000958 of Official Records and on the existing city limits, said point also being the TRUE POINT OF BEGINNING; Thence along said city limit line, the following courses:

Course 1: Thence S89°22’40”E 223.67 feet;
Course 2: Thence N89°32’02”E 10.00 feet;
Course 3: Thence S89°26’02”E 208.35 feet;
Course 4: Thence S89°15’29”E 668.31 feet;
Course 5: Thence S89°15’28”E 51.75 feet;
Course 6: Thence S44°15’16”E 42.40 feet;
Course 7: Thence S02°09’49”W along said city limit line and the East line of the West half of said Northeast quarter a distance of 2035.09 feet to the South quarter corner of said Northeast quarter; Course 8: Thence S80°30’43”W along the South Line of said Northeast quarter a distance of 1454.25 feet to a point on the West right of way line of the Tulare Valley Railroad and a point of intersection with the existing city limit line;
Course 9: Thence along said city limit line, N02°27’49”E along said West right of way line a distance of 2335.00 feet to a point on the south right of way line of Caldwell Avenue; Course 10: Thence along said city limit line, S85°59’12”E 219.77 feet to the TRUE POINT OF BEGINNING.

Containing 71.43 Acres. More or Less
551
552
328.16 CONT_MAG FD MAG TIE
326.55 UTIL_SL SERV.POLE W/PANEL
325.79 UTIL_SL SERV.POLE W/PANEL
57 326.804
SS MH
134
326.227
SS MH
158
326.454
SS MH
213
326.806
SS MH
320
326.029
SS MH
357
325.871
SS MH
390
325.945
SS MH
1663
327.434
SS MH
605
646
324.829
SSMH
677
325.545
SSMH
714
325.758
SSMH
751
325.779
SSMH
5 327.122
SSMH

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30.00 60.00

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97.4'

42.4'
420.7' 42.1'

97.8'

10.0' 93.6'

33.8'

34.2' 93.3'
720.1'

42.7'

97.4'

10.0'

93.2'

34.4'

10.2'

13.8'
774.1'
129.3'
122.0'

22.7'

15.1' 22.7'
243.0' 8.1' 13.1'

14.2'

6.5'

18.5' 15.5' 14.6'

8.3'

13.0'
494.3'

10.0'
414.6' 42.4'

97.4'

10.0' 93.2'

34.1'
122.0'
129.3'

13.8'
407.6' 42.4'

51.7' 542.0'

10.0' 47.6'
107.0'
114.2'
745.6'

23.9'

23.9' 131.4'
189.2'
154.1'
487.2'
1256.0'
131.2'

65.0' 14.1' 93.2'

40.9' 34.1' 127.3'

30.7' 34.2' 93.3'

14.1' 10.0' 55.5' 127.4'

55.0' 14.1' 93.6'

31.1' 33.8'
129.3'

42.2' 22.8' 14.1' 93.2'

34.4' 40.6'

56.4'
151.4'

83.1' 24.5'
103.7'

15.6'
139.2'
206.9'

12.9'

55.0' 14.1'

10.0' 122.0'

55.0'
132.0'

67.0'

57.0' 14.1' 105.0' 105.0'

57.0' 14.1'
115.0' 115.0'

77.5'

71.5' 14.4' 104.7' 105.5'
115.0' 115.0'

52.0' 14.1' 105.0' 105.0'

14.1' 52.0'
115.0' 115.0'

62.0'

74.8'

4.9' 14.3' 35.1'

71.4'
107.8'

54.9' 12.8'
115.0'

64.9' 30.7'
115.0'

13.9'

63.4'

60.0' 14.1'

10.0'

60.0'
132.0'

63.2'

50.3'

13.9'
105.3'
115.0'

56.4'
115.0'

14.3' 12.6' 94.5' 65.2'

14.4'61.4' 108.3'

70.0'
118.5'
118.8' 119.0'

47.2'14.0' 109.0' 109.0'

14.3'

46.7'

57.0'

57.0'

46.8' 14.3' 108.5' 108.5'

14.0'

47.2'
118.3' 118.8'
138.2'
125.7'

42.8'

65.4'

13.3' 13.8'
136.1'

69.6'

69.1'

59.1' 14.1'
115.0'
105.0'
113.9' 116.0'

60.0'

50.0'
105.0' 14.2'
105.0' 14.1'

50.0'
115.2' 115.0'

57.0'

14.1'
105.0' 105.1' 14.1'

57.0'

67.0'
116.0' 115.0'

65.0'

55.0'

14.1'
106.1' 105.0' 14.2'

55.0'
115.0'

63.9'

86.0' 9.0'
126.0'

57.1'

12.7'
110.6'

82.2'

13.8' 37.9'

21.3'
115.0'
143.7' 143.7'

65.0'

55.0' 14.1' 133.7' 137.0'

14.8'54.2'

80.4'

21.1'

47.5'
115.8'
110.6'
127.2'

50.6' 50.6' 20.0'30.6' 50.6' 50.6' 50.6' 50.6' 127.2'

50.6' 50.6' 50.6' 50.6' 50.6' 50.6' 50.6' 127.2' 127.3' 127.3' 127.3' 127.3' 127.3'

50.0' 50.0' 50.0' 31.5'18.5' 50.0' 50.0' 50.0' 127.5'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.6' 127.5' 127.5' 127.5' 127.5' 127.4' 127.5'
127.4'
145.6'

62.0' 62.0' 62.0'
154.1'

14.8' 47.8' 62.6' 32.2' 30.3' 129.3' 137.0'

62.0'

0.1'42.1'

20.0'

62.4'

20.8'34.1'

19.3'

92.4'
131.4' 115.7'

57.5'

59.6'

1.5'

63.5'

30.0'

32.0'

62.0'

62.0'

62.0'

62.7'

66.5'

66.9'

92.0' 108.9'

52.8'

50.6' 0.7'

73.3'

22.7'
144.1' 98.9'

63.3'

67.7'

8.9'

58.8'

43.1'

33.3'
118.0'

24.5' 41.6' 45.4' 20.6' 66.3' 70.2'
151.4'
103.8' 103.2'
116.4'
131.3'

4.8' 50.3' 50.0' 45.2' 50.0' 50.0' 50.0' 132.0'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 171.0'

22.7'

73.3'

69.6' 67.0'
132.0'
132.0'
132.0'
132.0'
132.0'

62.0' 62.0'
115.0' 115.0'

62.0' 62.0' 115.0' 115.0'
115.0' 115.0'

50.0' 30.6'

19.4'

34.1'

15.9'

50.0' 50.0'

50.0'

50.0' 12.7' 38.4'

58.6'

58.6'

58.6'

58.6'

58.6'

58.6'

58.5'
115.0' 115.0'

30.7' 18.9'

49.7' 2.6'

24.3' 47.1'

25.4' 46.1'

3.6' 49.7'

18.1' 31.6'

9.8' 39.9'

39.9' 27.5'

44.9' 22.6'

12.3' 55.1'

2.2' 55.6'

9.7'

21.3'

24.1'

10.1'

44.9'

5.1'

50.0'
115.0'
115.1'
115.1'
115.0'
115.1'
115.0'
115.0'
115.0'
115.0'
115.0'
115.0'
115.1'
115.0'
115.1'
115.0'

58.5'

58.7'

58.7'

58.7'

58.7'

58.8'

13.3' 18.6'

52.1'

80.8'

55.3' 55.1' 27.9' 55.1' 55.1' 55.1'
115.0'
115.0'
123.4'
116.1'
114.9'
115.0'
114.9'
115.0'
115.0'
125.6'
135.7'
135.2'
115.0'

62.0' 62.0'

54.5' 54.5' 54.5' 54.5' 131.7'

14.7'

9.6'

90.2' 69.6' 51.2' 51.2' 51.2' 51.2' 51.2' 51.2' 51.2'
104.5'

51.2' 51.2' 47.6'

3.5'

51.2' 51.2' 51.2' 51.2'

24.1' 29.0'

42.0'

43.0' 19.8'24.1'

12.5' 54.5' 54.5' 54.5'
103.1'
102.4'
120.7'
132.0'
101.7'
132.0'
101.0'
132.0'
100.3'
132.0'

99.5'

89.1'
103.8'
159.7'

56.4' 50.0' 50.0' 15.0' 35.0' 40.9' 9.1' 50.0' 50.0' 48.1' 1.9' 50.0' 63.2' 115.0'

50.0' 50.0' 50.0' 40.9' 9.1' 50.0' 50.0' 50.0' 50.0'
115.0'
115.0'

94.4'

40.0'

12.8'

57.6'

47.1'

40.9'

41.1'

52.0' 12.9'
149.2'
115.0'
115.0'
115.0'
115.0'
115.0'
115.0'

15.7'35.3' 51.0' 51.0' 51.0' 51.0' 51.0' 118.5'

51.0' 51.0' 51.0' 51.0' 51.0' 118.8'

51.0'
118.5'
118.4'
118.4'
118.5'
118.4'
118.8' 119.0'

51.0'

51.0'
118.8'

51.0' 51.0' 51.0'

51.0' 118.3' 118.8'
138.2'
125.7'
183.5'

10.2' 23.3'

28.3' 42.7'

42.7'

20.0'21.7'19.3' 6.4'

53.6'

60.0'

60.0'

60.0'

4.3'

55.7'

64.0'

40.2'

23.8'

64.4'

26.7'

38.4'

80.5'
105.6' 146.2'

67.0'

44.4'

31.9' 2.2'

68.8'

34.4'

35.0' 5.1'

61.0'

57.2'

3.8'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

55.0'

72.9' 14.1'

51.3' 32.2' 48.0' 12.0' 51.3' 60.0' 60.0'
108.3'

63.9'

61.0'

19.1'

35.3'

6.6'

61.0'

61.0'

43.7'

17.3'

42.7'

18.3'

41.7'

19.3'

40.7'

20.3'

39.7'

21.3' 3.8'34.9'

22.3'

37.7'

23.3' 5.1' 21.5'14.2' 20.2'

44.3'

26.7'

37.7'

33.3'

31.2'

67.0'
115.0'
115.0'
104.3'
108.5'
115.0'
115.0'
115.0'

92.7'
115.0'
112.1'
115.0'
115.0'
115.0'
105.0'
115.0'
115.0'
115.0'
115.0'
115.0'

56.2' 53.0' 23.7'29.3' 34.1'18.9' 53.0' 32.1'

20.9'

7.1'

45.9'

69.1'
115.0'

53.0' 53.0' 53.0' 34.1'18.9' 53.0' 53.0' 53.0' 115.0'
112.9'
158.4'
115.0'
115.0'
115.0'
115.0'
115.0'
114.2' 113.0'
116.5' 116.5'
112.8' 117.0'
113.9' 116.0'
115.0'
115.3' 115.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'
115.2' 115.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'

61.0'
115.0'
115.4' 115.0'
115.0'
115.6' 115.0'
115.7' 115.0'
115.0'
115.0'
115.8' 115.0'
115.0'
115.9' 115.0'
116.0' 115.0'

9.0' 60.0' 60.0'
115.0'

60.0' 60.0'
115.0'
126.0'
143.7'

60.0' 60.0' 60.0' 63.8' 143.7' 132.1' 143.7'
143.7' 143.7'

60.0'

80.4'
110.6'

30.7'

92.7'

PARK / POND
227284 SF
OUT LOT: B
6839 SF
OUT LOT: C
8509 SF
OUT LOT: E
14955 SF
OUT LOT: F
8882 SF
OUT LOT: A
5463 SF
OUT LOT: D
14537 SF
8 8037 SF
9 6789 SF 17
6779 SF
18 8072 SF
157
15464 SF
166
7310 SF
186
7655 SF
182
9109 SF
134
7080 SF
133
7080 SF
117
8999 SF
148
9062 SF
185
7655 SF
189
8605 SF
167
7970 SF
99 7036 SF
108
7975 SF
190
8351 SF
201
6722 SF
202
6736 SF
198
6715 SF
149
14489 SF
159
12725 SF
91 7902 SF
42 6817 SF
31 6879 SF
43 7666 SF
30 7655 SF
51 7494 SF
22 7425 SF
52 7413 SF
197
6695 SF
116
7949 SF
88 9019 SF
86 9394 SF
85 9293 SF
110
8344 SF
3 6439 SF
4 6440 SF
5 6441 SF
6 6442 SF
7 6443 SF
1 6437 SF
2 6438 SF
13 6374 SF
14 6375 SF
15 6376 SF
16 6377 SF
10 6412 SF
11 6372 SF
12 6373 SF
20 8759 SF
21 9290 SF
19 8237 SF
37 7029 SF
36 6765 SF
34 7184 SF
40 7065 SF
82 8624 SF
153
6675 SF
152
7235 SF
151
8224 SF
150
9601 SF
156
8684 SF
155
7374 SF
154
8866 SF
158
10378 SF
163
6600 SF
164
6600 SF
165
6600 SF 160
6684 SF
161
6600 SF
162
6600 SF
188
7130 SF
187
7130 SF
129
6727 SF
121
6233 SF
128
6728 SF
120
6242 SF
127
6742 SF
119
6244 SF
126
6746 SF
118
6221 SF
125
5803 SF
132
5750 SF
124
6235 SF
131
5750 SF
123
6246 SF
130
6065 SF
122
6242 SF
143
7471 SF
135
6333 SF
142
7196 SF
141
7862 SF
140
9403 SF
147
7444 SF
139
9108 SF
146
7468 SF
138
6594 SF
145
7468 SF
137
6346 SF
144
7465 SF
136
6333 SF
183
7130 SF
184
7130 SF
203
6060 SF
200
6058 SF
178
5220 SF
170
7194 SF
177
5184 SF
169
7194 SF
176
5147 SF
168
7194 SF
175
5111 SF
174
5564 SF
181
5329 SF
173
9689 SF
180
5293 SF
172
12228 SF
179
5256 SF
171
6979 SF
112
13563 SF
92 6095 SF
105
5750 SF
104
5750 SF
103
5750 SF
101
5750 SF
107
5750 SF
100
5750 SF
106
5750 SF
109
12046 SF
102
5750 SF
193
6041 SF
192
6043 SF
191
6045 SF
199
6056 SF
194
6040 SF
195
6038 SF
76 6900 SF
64 7799 SF
75 6900 SF
71 6935 SF
61 7015 SF
65 8165 SF
74 6900 SF
70 6656 SF
53 7015 SF
62 7015 SF
66 7222 SF
79 12702 SF
73 6900 SF
69 6825 SF
78 6792 SF
63 7015 SF
67 9690 SF
77 6900 SF
72 7321 SF
68 7876 SF
47 7052 SF
26 7015 SF
80 18407 SF
94 6095 SF
114
12371 SF
93 6095 SF
98 6278 SF
115
13720 SF
97 6095 SF
113
13814 SF
96 6095 SF
95 6095 SF
38 7364 SF
35 6832 SF
39 7151 SF
33 7269 SF
41 7028 SF
32 7222 SF
60 7015 SF
44 7032 SF
29 7015 SF
59 7015 SF
45 7039 SF
28 7015 SF
58 7015 SF
46 7046 SF
27 7015 SF
57 7015 SF
49 7066 SF
24 7015 SF
56 7015 SF
25 48 7015 SF
55 7059 SF
7015 SF
50 7073 SF
23 7015 SF
54 7015 SF
196
6036 SF
89 6900 SF
90 6900 SF
81 10580 SF
83 8624 SF
87 8301 SF
84 8624 SF
111
5828 SF

ADJUSTMENTS TO LANDSCAPE

LOT AND BLOCK WALL MAY NEED TO BE COORDINATED IN

FUTURE FOR ACCESS FOR DITCH COMPANY
1 TENTATIVE SUBDIVISION MAP

AS NOTED
---

J E S S
E
A . W I L L I A M
R
S

E G I S T E R E D P R O F E S S I O N A L E N G I N E E R

S T A T E O F C A L I F O R N I A

C I V I L
No. 64742
Exp.

NOT FOR CONSTRUCTION 6/30/26

CIVIL ENGINEERS & LAND SURVEYORS
810 W ACEQUIA AVENUE, VISALIA CA 93291
559-713-6139
AWE SCALE:

DATE:

DRAWN BY:

CHECKED BY:

NO. REVISION INIT DATE APPROVED BY:

APPROVED BY:

FOR:

PROJECT:

SHEET TITLE:

JOB NUMBER
SHEET

FLOOD ZONE
JESSE ALLEN WILLIAMS R.C.E. 64742
DATE
DATE
AE & X 24075
---
4/3/25

SAN JOAQUIN VALLEY HOMES
5607 AVE. DE LAS ROBLES
VISALIA, CA 93291

BLANKENSHIP TRACT
S. SANTA FE ST. AND CALDWELL AVE.

VISALIA, CA 93277
AWE
810 Acequia Ave.

[email protected]
(559) 713-6139
Visalia, California 93291

TENTATIVE SUBDIVISION MAP
Vicinity Map
OWNERS:

GERALD B. BLANKENSHIP JR.
&
TRUSTEES OF THE BLANKENSHIP FAMILY TRUST UNDER TRUST AGREEMENT DATE FEBRUARY 8, 1996 GERALD BLANKENSHIP JR. & JEAN KRISTY BLANKENSHIP
RES.

AG/RES
AE-20
AE/X

CAL WATER

CITY OF VISALIA
123-400-001 & 005
NOTES:

A.P.N.:

SEWAGE:

FLOOD ZONE:

EXISTING PROPERTY USE:

PROPOSED PROPERTY USE:

ZONING (E).:

WATER:

SAN JOAQUIN VALLEY HOMES
APPLICANT:

Visalia, California 93291
5607 AVE DE LAO ROBLES
ENGINEER:

ZONING (N).: R-1-5
STORM DRAIN: CITY OF VISALIA
TOTAL AREA: 62.53 AC.

WATER: CAL WATER
PHASE 1: 123
PHASE 2: 80

LOT COUNT
CROSS SECTION - SANTA FE ST.

2.0%
P.C.C. CURB & GUTTER

PER CITY STD

BARRIER TYPE

PARKWAY

R/W R/W
31'
6' SIDEWALK

PER CITY STD
11'
5' 6'
10'
42'
11' 31'

2.0%
C/L

EXISTING LANDSCAPED
P/L
TO BE CONSTRUCTED PER CITY STD P-3

INTERIOR STREETS
TO BE CONSTRUCTED PER CITY STD P-1
C/L
20'
5'

PER CITY STD

SIDEWALK

2.0%

PER CITY STD
P.C.C. CURB & GUTTER

BARRIER TYPE
P.C.C. CURB & GUTTER

PER CITY STD

BARRIER TYPE

PARKWAY

PARKWAY

2.0%

R/W R/W
10'
60'
5'
10' 20'
5' 5'

SIDEWALK

PER CITY STD
TOTAL LOT COUNT: 203
R/W

TYPICAL INTERIOR

STREET IMPROVEMENTS
PL

PARK BASIN
(WHERE NEEDED)

EXISTING IRRIGATION
DITCH
15' DITCH

ACCESS ROAD

VARIES'
(APPROX. 60' - 77')

PARK GRADING

TO VARY

VARIES'
(APPROX. 50' - 85')

PARK SECTION IRRIGATION DITCH ADJACENT

EXISTING STREET

CROSS SECTION - BURK STREET
C/L
20'

2.0%

2.0%

R/W R/W
10'
VARIES
60' MIN
20'
VARIES
(10' MIN.)
5' 5'

SIDEWALK

PER CITY STD

EXISTING STREET

SECTION UNLESS

NOTED OTHERWISE
17'
LLD
P/L

SECTION
LINE
72' RAIL ROAD 28' TRAIL
100' RAIL ROAD 42' 24'
42'
P/L

CROSS SECTION - CALDWELL AVE (LOOKING EAST)

2.0%
P.C.C. CURB & GUTTER

PER CITY STD

BARRIER TYPE

PARKWAY

R/W R/W
45'
60'
6' SIDEWALK

PER CITY STD
15'
5' 10'
10'
55'
10' 45'

2.0%
C/L

PER CITY STD
6' SIDEWALK

BARRIER TYPE

PER CITY STD
P.C.C. CURB & GUTTER
P/L
TO BE CONSTRUCTED PER CITY STD P-5
VARIES
(APPROX. 34' - 37')
VARIES
(APPROX. 33' - 36')
VARIES
(APPROX. 18' - 24')

TO BE INSTALLED UNDER CITY OF VISALIA CIP

TO BE CONSTRUCTED WITH THIS

DEVELOPMENT

COMMERCIAL
(C-MU)

7.04 AC

7.04 AC. (COMMERCIAL_C-MU)

50.27 AC. (RESIDENTIAL_R-1-5)

3.59 AC. (PARK/BASIN AREA)

1.63 AC. (DITCH ACCESS ROAD)
REMAINDER:

COMMERCIAL
(C-MU)

7.04 AC
553
1 of 9
Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this ____ day of _________, 20___, by and among the City of Visalia, a charter law city (“City’) and Gerald Jr & Jean Kristy Blankenship, (hereinafter “Owners”):

RECITALS
WHEREAS, Owners are the record owners of a portion of property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and
WHEREAS, Owners desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), which would permit the Property to be used for Residential Low Density use; and
WHEREAS, the Property consists of approximately 62.53 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and tentative subdivision map as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _________, 20__, initiated proceedings to annex the Property; and
WHEREAS, finding adoption of Resolution No. 20__-_____ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and
WHEREAS, Owners acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the 554
2 of 9
health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

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

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

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

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

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

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

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

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

16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexation and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order to serve new development that comes with annexation, including development of the Property (the “Water Acquisition Policy”). Therefore, 555
3 of 9
Owners agrees that, at the time that LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will comply with the Water Acquisition Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owners reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No post-annexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owners comply with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owners agree that it shall identify all water rights which, to the best of Owners knowledge, have been used by Owners or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City. City shall cooperate with Owners in valuing such water rights for the purposes of determining the amount of offset to be applied against the in-lieu fee as required pursuant of the Water Acquisition Policy. Owners further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owners own that may be in addition to those required to meet Owners obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of a building permit covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such water rights conveyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with conveyance of water rights or payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property.

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

Owners agree that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $495 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more building permits covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of 556
4 of 9
development covered by each building permit, with payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property. Owners satisfaction of its obligations under this Section II(B) will satisfy any and all of Owners obligations related to and arising under the General Plan Maintenance Fee.

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

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

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

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

V. INDEMNIFICATION
Owners agree to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, causes of actions, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owners property, or which are in any manner connected with the City’s enforcement of this Agreement. Owners further agree to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option 557
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to pay the attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation.

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

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93291

With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King
Visalia, CA 93291
To Owner: Gerald Blankenship Jr. & Jean Kristy Blankenship 1515 Bonnie Doone
Corona Del Mar, CA 92625
San Joaquin Valley Homes
Attn: Steven Macias
5607 Avenida de los Robles
Visalia, CA 93291
Or such other address as the parties may from time to time designate by giving notice as required hereunder.
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e. Entire Agreement. This Agreement represents the entire agreement between the City and Owners as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement.
j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owners and that Owners are not an agent of City. City and Owners hereby renounce the existence of any form of joint venture 559
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or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owners joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
r. Future Development Impact Fees. The Owners hereby acknowledge that the City may, from time to time, adopt additional development impact fees at some time in the future after annexation of the Property. The Owners hereby agree that, in the event that the City adopts an ordinance imposing a development impact fee, in accordance with applicable legal requirements, prior to issuance of a vesting project approval for development of any portion of the Property, Owners will be subject to the requirements of such citywide development impact fee program to the extent applicable at the time Owners seek a vesting project approval for a project on the Property. This provision is not intended to retroactively subject the Property to additional annexation-related fees that may be adopted in the future.
s. Prezoning. City agrees to promptly process and, after City completes and adopts its environmental review, consider Owners application to prezone the Property, as required by the Cortese-Knox-Hertzberg Act’s prezoning requirements. The R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation is the adopted prezonings for the Property, in accordance with Visalia Municipal Code Chapters 17.12 and Section

17.06.050(A), which section states that all territory which is annexed into the City shall be classified to the zone as indicated on the Visalia General Plan land use map, as adopted by the City (the “Prezoning”). The R-1-5 560
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(Single Family Residential, 5,000 sq. ft. minimum) zoning designation permits residential land uses, as specified by the City of Visalia Municipal Code. Upon execution of this Agreement, City shall use its best efforts to (i) promptly complete its environmental review of the Project and consider its adoption thereof, and (ii) complete its preparation of the proposed prezoning contemplated by this subsection II(E) and consider its approval thereof. If City approves the prezoning contemplated by this subsection II(E), the terms and conditions of such prezoning shall be included in City’s application to LAFCO for the annexation of the Property to City, which application shall promptly be submitted to LAFCO by City.
t. Development Impact Fees: The Owners shall pay all applicable development impact fees for any subsequent development on the Property at the time that building permits are issued, or prior to issuance of final occupancy, if applicable, at the discretion of the Community Development Director, or as may be required by ordinance. A list and amount of development impact fees can be located in the City’s current version of the Development Fee Schedule.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

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

Date: ____________ By: _________________________________ Reyna Rivera, City Clerk
Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson, City
Attorney
OWNERS
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________

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Environmental Document No. 2024-63
City of Visalia Planning & Community Preservation Department

MITIGATED NEGATIVE DECLARATION
Project Title: Annexation No. 2024-05 and Blankenship Tentative Subdivision Map No. 5602 Project Description: Annexation No. 2024-05 is a request by San Joaquin Valley Homes to annex two parcels totaling approximately 62.53 acres into the City limits of Visalia. Upon annexation, approximately 55.49 acres of the site would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and approximately 7.04 acres of the site will be zoned C-MU (Mixed Use Commercial), which is consistent with the General Plan Land Use Designation. The project is supported by a Tentative Subdivision Map.

Blankenship Tentative Subdivision Map No. 5602 is a request by San Joaquin Valley Homes to subdivide two parcels totaling 62.96 acres into 203 lots for single-family residential use. Upon annexation, the site will be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and C-MU (Mixed Use Commercial). Development of the single-family homes will be restricted to the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone. Commercial development of the area zoned for commercial use is not part of this project and is a remainder that will be developed at a later time. The residential subdivision will meet the city’s development standards for the zone. Additionally, the project will also include the construction of streets, extension of sewer lines and laterals, future connection to the storm drainage system and extension of utilities and services (electricity, gas, water). Frontage improvements along East Caldwell Avenue including curb, gutter and parkway landscape will also be installed per city standards. Development improvements will also be included along South Santa Fe Street.

Project Location: The site is located on the southeast corner of South Santa Fe Street and East Caldwell Ave (APNs: 123-400-005, 123-400-001).

Project Facts: Refer to Initial Study for project facts, plans and policies, and discussion of environmental effects.

Attachments:

Initial Study (X)
Environmental Checklist (X)
Maps (X)
Mitigation Measures (X)
Biological Evaluation (X)
DECLARATION OF NO SIGNIFICANT EFFECT:

This project will not have a significant effect on the environment for the following reasons:
(a) The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
(b) The project does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals.
(c) The project does not have environmental effects which are individually limited but cumulatively considerable. Cumulatively considerable means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 563
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City of Visalia Planning & Community Preservation Department (d) The environmental effects of the project will not cause substantial adverse effects on human beings, either directly or indirectly.

This Mitigated Negative Declaration has been prepared by the City of Visalia Planning Division in accordance with the California Environmental Quality Act of 1970, as amended. A copy may be obtained from the City of Visalia Planning Division Staff during normal business hours.

APPROVED
Brandon Smith, AICP
Environmental Coordinator
By: ______________________________
Date Approved: March 31, 2025
Review Period: 20 days
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INITIAL STUDY
I. GENERAL
A. Annexation No. 2024-05 is a request by San Joaquin Valley Homes to annex two parcels totaling approximately 62.96 acres into the City limits of Visalia. Upon annexation, approximately 55.49 acres of the site would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and approximately 7.04 acres of the site will be zoned C-MU (Mixed Use Commercial), which is consistent with the General Plan Land Use Designation.

Blankenship Tentative Subdivision Map No. 5602 is a request by San Joaquin Valley Homes to subdivide two parcels totaling 62.53 acres into 203 lots for single-family residential use. Upon annexation, the site will be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and C-MU (Mixed Use Commercial). Development of the single-family homes will be restricted to the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone. Commercial development of the area zoned for commercial use is not part of this project and is a remainder that will be developed at a later time. The residential subdivision will meet the city’s development standards for the zone. Additionally, the project will also include the construction of streets, extension of sewer lines and laterals, future connection to the storm drainage system and extension of utilities and services (electricity, gas, water). Frontage improvements along East Caldwell Avenue including curb, gutter and parkway landscape will also be installed per city standards.

Development improvements will also be included along South Santa Fe Avenue.

B. Identification of the Environmental Setting:

The project is located south of Caldwell Avenue between South Santa Fe Street and South Burke Street. The parcels are currently undeveloped with one parcel having a vacant single-family dwelling on the southwest corner of East Caldwell Avenue and South Burke Street. Additionally, there are Valley Oak trees along the perimeter of the project site along South Burke Street and along the Tulare Irrigation Canal. The site is bounded by East Caldwell Avenue to the north, South Burke Street to the east, South Santa Fe Street to the west and the Tulare Irrigation District canal to the south. The project is supported by an Annexation to bring the property within city limits, it is within the Tier II Urban Growth Boundary.

The surrounding uses, Zoning, and General Plan for the project area are as follows:

General Plan Zoning Existing uses
North: Mixed Use
Commercial /
Residential High
Density
C-MU (Mixed Use
Commercial), R-M-3
(Multi-Family
Residential, 1,200 sq.
ft. minimum site area)
Vacant, undeveloped parcel
South: Residential Low
Density
X (outside of the city
limits)
Vineyards / Agriculture Crops
East: Residential Low
Density, Residential
Medium Density
R-1-5 (Single-family
Residential), R-M-2
(Multi-Family
Residential, 3,000 sq.
ft. minimum site area)
Diamond Oaks Subdivision (Single-Family
homes and duplex units)
West: Mixed Use
Commercial /
Residential Low
Density
C-MU (Mixed Use
Commercial), R-1-5
(Single-family
Residential)
Commercial business, mini storage,
Salierno Estates subdivision (Single-Family
Residential)
Fire and police protection services, street maintenance of public streets, refuse collection, and wastewater treatment will be provided by the City of Visalia upon annexation and the development of the project area. 565
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C. Plans and Policies: The General Plan Land Use Diagram designates the site as Residential Low Density and Mixed Use Commercial. The site is zoned R-1-5 (Single-family residential, 5,000 square foot minimum site area) and C-MU (Mixed Use Commercial). The proposed project is consistent with the Land Use Element Land Use Element of the General Plan, and consistent with the standards for single-family residential development pursuant to the Visalia Municipal Code Title 17 (Zoning Ordinance) Chapter 17.12. No development is proposed at this time for the portion of project area zoned for Commercial Mixed Use, and there is no inconsistency with plans and policies related to this designation.

II. ENVIRONMENTAL IMPACTS
No significant adverse environmental impacts have been identified for this project. The City of Visalia Land Use Element, Zoning Ordinance and Oak Tree Ordinance contain mitigation measures that are designed to reduce/eliminate impacts to a level of non-significance.

III. MITIGATION MEASURES
The following mitigation measures, which are listed below under IV. Mitigation Monitoring Program, will reduce potential environmental impacts related to the biological resource impacts to a less than significant level as described below:

Biological Habitat Assessment of a species located on site, the Nuttall’s Woodpecker (a species listed as a United States Fish and Wildlife Services (USFWS) Bird of Conservation Concern (BBC), due to declining population. This species was found during a site assessment of the project site nesting within the oak trees surrounding the perimeter of the project site and in utility poles and shrubs.

To ensure that there will not be significant impacts to the species, the project shall be developed with the Avoidance and Minimization Measures as stated on page 27, Recommendations (Section 8) of the Biological Habitat Assessment prepared by Soar Environmental Consulting as well as the City of Visalia Municipal Code Chapter 12.24 Oak Tree Preservation.

IV. MITIGATION MONITORING PROGRAM
Mitigation Measure Responsible Party Timeline
Mitigation Measure 4a (Construction Timeline) – In
order to avoid impacts to nesting migratory birds and
raptors, construction will commence outside the
nesting season, prior to February 15. If any special
status species are observed during construction
activities, work shall be stopped immediately, and
CDFW shall be contacted.

Project Applicant Mitigation shall be enforced by the
City of Visalia and carried out by
the project applicant during
construction activity.

Mitigation Measure 4b (Pre-construction Survey). If it
is not possible to initiate construction between
September and February, a preconstruction survey
for nesting birds shall be conducted by a qualified
biologist to ensure that no active nests will be
disturbed during the implementation of the Project. A
Pre-construction survey shall be conducted no more
than 14 days prior to the initiation of construction
activities.

Project Applicant Mitigation shall be enforced by the
City of Visalia and the preconstruction survey shall be submitted to the City no more than
14 days prior to the initiation of
construction activities.
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Mitigation Measure 4c (Avoidance and minimization
measures for woodpecker damage). If it doesn’t
cause structural damage, remove or fill in ledges,
cracks, and crevices near the site of the inactive
woodpecker holes with non-toxic substances. Cover
inactive woodpecker holes with shiny aluminum
flashing. Do not cover existing nest. Install statuette of their predators such as eagles or owls. Trees with
woodpecker damage will be observed for
woodpecker activity before each tree is removed.

Project Applicant Mitigation shall be enforced by the
City of Visalia and carried out by
the project applicant during
construction activity.

Mitigation Measure 4d (Avoidance measures for
active woodpecker cavities). Observe from a
distance periodically to check woodpecker activity
near the cavity. Treat every cavity as if it is an active nest. Only a qualified biologist should be making the
determination whether the cavity is inactive and if
the area used by the woodpecker is a nest.

Project Applicant Mitigation shall be enforced by the
City of Visalia and carried out by
the project applicant during
construction activity.

V. PROJECT COMPATIBILITY WITH EXISTING ZONES AND PLANS
The project is compatible with the General Plan and Zoning Ordinance as the project relates to surrounding properties.

VI. SUPPORTING DOCUMENTATION
The following documents are hereby incorporated into this Negative Declaration and Initial Study by reference:
 Visalia General Plan Update. Dyett & Bhatia, October 2014.  Visalia City Council Resolution No. 2014-38 (Certifying the Visalia General Plan Update) passed and adopted October 14, 2014.
 Visalia General Plan Update Final Environmental Impact Report (SCH No. 2010041078). Dyett & Bhatia, June 2014.
 Visalia General Plan Update Draft Environmental Impact Report (SCH No. 2010041078). Dyett & Bhatia, March 2014.
 Visalia City Council Resolution No. 2014-37 (Certifying the EIR for the Visalia General Plan Update) passed and adopted October 14, 2014.
 Visalia Municipal Code, including Title 17 (Zoning Ordinance).  California Environmental Quality Act Guidelines.
 City of Visalia, California, Climate Action Plan, Draft Final. Strategic Energy Innovations, December 2013.
 Visalia City Council Resolution No. 2014-36 (Certifying the Visalia Climate Action Plan) passed and adopted October 14, 2014.
 City of Visalia Storm Water Master Plan. Boyle Engineering Corporation, September 1994.  City of Visalia Sanitary Sewer Master Plan. City of Visalia, 1994.  City of Visalia Zoning Ordinance Update. City of Visalia, March 2017.  Tulare County Important Farmland 2018 Map. California Department of Conservation, 2018.  City of Visalia VMT Thresholds and Implementation Guidelines. LSA, 2021. Together with City of Visalia VMT Screening Application. https://gis1.lsa.net/visaliaVMT/  Blankenship Housing Subdivision Development Project, Phase I Cultural Resources Assessment. Soar Environmental Consulting, January 17, 2025.
 Blankenship Subdivision Development Project, Biological Habitat Assessment. Soar Environmental Consulting, January 20, 2025.
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VII. NAME OF PERSON WHO PREPARED INITIAL STUDY
___ ____________________________
Colleen A. Moreno Brandon Smith, AICP
Assistant Planner Environmental Coordinator
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INITIAL STUDY

ENVIRONMENTAL CHECKLIST

NAME OF
PROPONENTS:

Steve Macias, San Joaquin Valley Homes NAME OF AGENT: None Address of Proponents: 5607 Avenida de las Robles, Visalia CA Address of Agent:

Telephone Numbers: 559-786-0936 Telephone Number:

Date of Review February 13, 2025 Lead Agency: City of Visalia The following checklist is used to determine if the proposed project could potentially have a significant effect on the environment.

Explanations and information regarding each question follow the checklist. 1 = No Impact 2 = Less Than Significant Impact
3 = Less Than Significant Impact with Mitigation Incorporated 4 = Potentially Significant Impact I. AESTHETICS
Would the project:
2 a) Have a substantial adverse effect on a scenic vista? 1 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
1 c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
2 d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
II. AGRICULTURAL RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
1 a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to nonagricultural use? 1 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
1 c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section
12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
1 d) Result in the loss of forest land or conversion of forest land to non-forest use?
1 e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use?
III. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
2 a) Conflict with or obstruct implementation of the applicable air quality plan?
2 b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
2 c) Expose sensitive receptors to substantial pollutant concentrations?
1 d) Create objectionable odors affecting a substantial number of people?
IV. BIOLOGICAL RESOURCES
Would the project:
3 a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
2 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
1 c) Have a substantial adverse effect on state or federally protected wetlands (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
1 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
2 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Name of Proposal Annexation No. 2024-05 and Blankenship Tentative Subdivision No. 5602 569
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1 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
V. CULTURAL RESOURCES
Would the project:
1 a) Cause a substantial adverse change in the significance of a historical resource as defined in Public Resources Code Section 15064.5?
1 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Public Resources Code Section 15064.5?
1 c) Disturb any human remains, including those interred outside of formal cemeteries?
VI. ENERGY
Would the project:
2 a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
1 b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
VII. GEOLOGY AND SOILS
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
1 i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
1 ii) Strong seismic ground shaking?
1 iii) Seismic-related ground failure, including liquefaction? 1 iv) Landslides?
2 b) Result in substantial soil erosion or loss of topsoil? 1 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
1 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
1 e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
1 f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
VIII. GREENHOUSE GAS EMISSIONS
Would the project:
2 a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
2 b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
1 a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
1 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment?
1 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? 1 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
1 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
1 f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
1 g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
X. HYDROLOGY AND WATER QUALITY
Would the project:
1 a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
1 b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the
basin?
2 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
2 i) result in a substantial erosion or siltation on- or off-site; 2 ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
2 iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff;
2 iv) impede or redirect flood flows?
1 d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
1 e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? XI. LAND USE AND PLANNING
Would the project:
1 a) Physically divide an established community?
1 b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? 570
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XII. MINERAL RESOURCES
Would the project:
1 a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state?
1 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
XIII. NOISE
Would the project:
2 a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other
agencies?
2 b) Generation of excessive groundborne vibration or
groundborne noise levels?
1 c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
XIV. POPULATION AND HOUSING
Would the project:
1 a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
1 b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?
XV. PUBLIC SERVICES
Would the project:
1 a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
1 i) Fire protection?
1 ii) Police protection?
1 iii) Schools?
1 iv) Parks?
1 v) Other public facilities?
XVI. RECREATION
2 a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
1 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XVII. TRANSPORTATION / TRAFFIC
Would the project:
1 a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
1 b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
1 c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
1 d) Result in inadequate emergency access?
XVIII. TRIBAL CULTURAL RESOURCES
1 a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
1 i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k), or
1 ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the
criteria set forth in subdivision (c) of Public Resource Code § 5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:
2 a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
1 b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during
normal, dry and multiple dry years?
1 c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
1 d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
1 e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? XX. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
1 a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
1 b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
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2 c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
2 d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? XXI. MANDATORY FINDINGS OF SIGNIFICANCE
2 a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
2 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are
considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
2 c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code;
Sections 21080(c), 21080.1, 21080.3, 21083, 21083.05,
21083.3, 21093, 21094, 21095, and 21151, Public
Resources Code; Sundstrom v. County of Mendocino,(1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of
Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147
Cal.App.4th 357; Protect the Historic Amador Waterways v.

Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and
County of San Francisco (2002) 102 Cal.App.4th 656.

Revised 2019
Authority: Public Resources Code sections 21083 and
21083.09
Reference: Public Resources Code sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3/ 21084.2 and 21084.3
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DISCUSSION OF ENVIRONMENTAL EVALUATION
I. AESTHETICS
a. This proposed project is a new subdivided residential construction which will meet City standards for setbacks, landscaping, and height requirements. The project will not adversely affect the view of any scenic vistas. The Sierra Nevada Mountain range may be considered a scenic
vista; however, the view will not be adversely impacted by the project.
b. There are no scenic resources on the site. However, there are oak trees located along the perimeter of the project site. The City of Visalia has an Oak Tree Preservation
Ordinance, which once the site is annexed into the City, the project shall comply with the ordinance and is part of the mitigation measures for the project.
c. The project site is located within an urbanized area and the City has development standards related to
landscaping and other amenities that will ensure that the visual character of the area is enhanced and not degraded upon any future development. Thus, the project would not substantially degrade the existing visual character of the site and its surroundings.
d. The project will facilitate the construction of a new subdivision, as well as the required infrastructure and development such as streetlights, creating new sources of light that are typical of that use. The City has development standards that require light to be directed and/or shielded so it does not fall upon adjacent properties.

II. AGRICULTURAL RESOURCES
a. The project is located on property that is identified as Prime Farmland on maps prepared by the California
Department of Conservation, and will involve the
conversion of the property to non-agricultural use.

The City of Visalia 2030 General Plan has designated the Project site for urban uses under the Urban Growth
Development Tier 2. The implementation of this Project
will support the General Plan designation for future urban land use and Policy LU-P-21 for residential development.

The General Plan established criteria, dependent upon
land use type, for when development may advance from
the first tier (Tier I) to subsequent tiers (Tiers 2 and 3), which are contained in Policy LU-P-21 of the General
Plan. For residential uses, the threshold is the issuance of permits for 5,850 housing units within Tier 1 since April 1, 2010. The City met the residential permit threshold in July 2021 and now considers development located within Tiers 1 and/or 2 (City of Visalia, 2021).

General Plan Policy LU-P-34 contained a requirement for an Agricultural Mitigation Program to address the
conversion of Prime Farmland and Farmland of Statewide
Importance within the Tier 2 and Tier 3 growth boundaries.

Policy LU-P-34 requires the adoption of this type of
program notwithstanding that such a program would not
reduce the environmental effects from the loss of such
farmland to a level of less than significant. In order to meet the requirements of this policy, the City prepared an
Agricultural Preservation Ordinance applicable to
properties within Tier 2 and Tier 3 that requires a 1:1 ratio of agricultural land preserved to agricultural land
converted towards urban development. The Ordinance
was adopted in May 2023 and is necessary for other
pending entitlements submitted to the City of Visalia that are located within Tier 2 to be developed. The Ordinance requires that an equivalent amount of agricultural land converted be preserved outside the urban development
boundary and within the southern San Joaquin Valley, or that a project comply with regulations within the Ordinance that will cause an equivalent amount of agriculture land to be preserved. Additionally, the preserved agricultural land must demonstrate adequate water supply and agricultural zoning. Policy LU-P-34 notes that such a program shall, to the extent feasible and practicable, be integrated with the agricultural easement programs adopted by Tulare County and nearby cities. The City of Visalia’s program shall allow for compliance with the preservation ordinance to be
completed by purchase of easements, and that such
easements be held by a qualifying entity, such as a local land trust, and require the submission of annual
monitoring reports to the City. Prior to the adoption of the Ordinance the Project proponent could mitigate for the
loss of agricultural land and begin conversion of
agricultural lands by providing verification to the City that it has preserved agricultural land at a 1:1 ratio using
easements that meet the requirements identified in Policy LU-P-34 or participation in an agricultural preservation program adopted by another agency within the southern
San Joaquin Valley that meet the these requirements for preserving agricultural land.

As this is a requirement for consistency with the General Plan, the Project’s compliance is mandatory. Therefore, compliance with the Agriculture Mitigation Ordinance will allow the Project to convert Prime Farmland and preserve offsite farmland outside of the urban development boundaries at an equivalent ratio and will result in a less-than-significant impact. b. The project is not located on property that is party to a Williamson Act contract. Existing Tulare County zoning for the area is AE-20 (Exclusive Agriculture Zone 20 Acre
Minimum). Although the site is zoned for agriculture no nearby agriculture would be hindered and agriculture has ceased operations on the site.
c. The City of Visalia does not have a zoning classification for forest land, additionally the site is not considered forest land and is currently vacant. Therefore, the site will not conflict with any forest land.
d. There is no forest land currently located on the site. e. The project site is located directly south of East Caldwell Ave and is bounded by properties within City Limits on the north, east and west of the site. The surrounding area is primarily developed with Residential and commercial
uses. The project will not result in conversion of Farmland to nonagricultural use or the conversion of forest land to non-forest use.
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III. AIR QUALITY
a. The project site is located in an area that is under the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The project itself does not disrupt implementation of the San Joaquin Regional Air Quality
Management Plan and will therefore not be a significant impact.
b. Development of site under the Visalia General Plan may result in emissions that exceed thresholds established by the SJVAPCD for PM10 and PM2.5. The project is also
supported by a request to annex 62.96 acres of County
area into the City Limits. The annexation itself will not result in emissions that violate air quality standards or contribute substantially to existing or projected air quality violations as it is solely the changing of a boundary line.

The development of the project area for the residential subdivision is required to adhere to requirements
administered by the SJVAPCD to reduce emissions to a
level of compliance consistent with the District’s
regulations. Compliance with the SJVAPCD’s rules and
regulations will reduce potential impacts associated with air quality standard violations to a less than significant level.

In addition, the development of the project will be subject to the SJVAPCD Indirect Source Review (Rule 9510)
procedures that became effective on March 1, 2006. The
Applicant will be required to obtain permits demonstrating compliance with Rule 9510, or payment of mitigation fees to the SJVAPCD. Per the SJVAPCD, an Air Impact
Assessment was completed for the project and the District has determined that the project is exempt from the
requirements and as such the project complies with the
emission reduction requirements of District Rule 9510 and is not subject to payment of off-site fees.

Tulare County is designated non-attainment for certain
federal ozone and state ozone levels. The development of the subdivision on the project site, may result in a net increase of criteria pollutants.
c. Uses located near the project area may be exposed to pollutant concentrations as a result of the construction activities. The project could result in short-term air quality impacts related to dust generation and exhaust due to
construction activities. The project is required to adhere to requirements administered by SJVAPCD to reduce
emissions to a level of compliance. Compliance with the SJVAPCD’s rules and regulations will reduce potential
impacts associated with air quality standard violations to a less than significant level.

In addition, development of the project will be subject to the SJVAPCD Indirect Source Review (Rule 9510)
procedures that became effective on March 1, 2006. Per
Rule 9510, any development project which requires
discretionary approval and upon full build out will include 50 residential units is subject to the rule. The applicant will be required to submit an Air Impact Assessment (AIA) to the SJVAPCD obtain permits demonstrating compliance
with Rule 9510, or payment of mitigation fees to the
SJVAPCD. The impact is considered less than significant. d. The proposed project will not involve the generation of objectionable odors.

IV. BIOLOGICAL RESOURCES
a. City-wide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR) for conversion to urban use.

A Biological Habitat Assessment was submitted by Soar
Environmental Consulting. Soar staff conducted a site visit in December 2024, to observe biological conditions, and during that assessment, one special-status wildlife
species, Nuttall’s woodpecker was observed near the
property. This species is a United States Fish and Wildlife Service (USFWS) Bird of Conservation Concern (BCC).

Additionally, based on the site visit, it was concluded that there is no suitable nesting habitat within the project boundary, except for the valley oak tress around the
perimeter, which are not required to be removed for the development of the project. Therefore, with mitigation, the project will not likely adversely impact native plant or wildlife species.

The following measures will be implemented for the
protection of nesting birds including the Nuttall’s
woodpecker:

Mitigation Measure 4a (Construction Timeline): In order to avoid impacts to nesting migratory birds and raptors,
construction will commence outside the nesting season,
prior to February 15. If any special status species are observed during construction activities, work shall be
stopped immediately, and CDFW shall be contacted.

Mitigation Measure 4b (Pre-construction Survey): If it is not possible to initiate construction between September and February, a preconstruction survey for nesting birds shall be conducted by a qualified biologist to ensure that no active nests will be disturbed during the implementation of the Project. A Pre-construction survey shall be
conducted no more than 14 days prior to the initiation of construction activities.

Mitigation Measure 4c (Avoidance and minimization
measures for woodpecker damage): If it doesn’t cause
structural damage, remove or fill in ledges, cracks, and crevices near the site of the inactive woodpecker holes with non-toxic substances. Cover inactive woodpecker
holes with shiny aluminum flashing. Do not cover existing nest. Install statuette of their predators such as eagles or owls. Trees with woodpecker damage will be observed for woodpecker activity before each tree is removed.

Mitigation Measure 4d (Avoidance measures for active
woodpecker cavities): Observe from a distance
periodically to check woodpecker activity near the cavity.

Treat every cavity as if it is an active nest. Only qualified biologist should be making the determination whether the cavity is inactive and if the area used by the woodpecker is a nest.
b. The project is not located within an identified sensitive riparian habitat or other natural community. Cameron
Creek is located approximately 1,000 feet to the south of the project site and will not be affected by the proposed development.

In addition, City-wide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR). The EIR concluded that certain sensitive
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by future development within the General Plan Planning
Area, particularly valley oak woodlands and valley oak
riparian woodlands. Such effects would be considered
significant. However, the General Plan contains multiple policies, identified under Impact 3.8-2 of the EIR, that together work to reduce the potential for impacts on
woodlands located within in the Planning Area. With
implementation of these policies and being that the project is not located within or adjacent to an identified sensitive riparian habitat or other natural communities, including woodlands, impacts on woodlands will be less than
significant.
c. The project is located adjacent to the Tulare Irrigation Canal which is identified as a riverine feature in the
National Wetland Inventory (NWI). At the site visit, it was observed that the irrigation canal has a bare-ground
bottom substrate and would not provide suitable habitat for any special-status aquatic species.

The project is not located within or adjacent to federally protected wetlands as defined by Section 404 of the Clean Water Act. City-wide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR). The EIR concluded that certain protected
wetlands and other waters may be directly or indirectly affected by future development within the General Plan
Planning Area. Such effects would be considered
significant. However, the General Plan contains multiple policies, identified under Impact 3.8-3 of the EIR, that together work to reduce the potential for impacts on
wetlands and other waters located within the Planning
Area. With implementation of these policies, impacts on wetlands will be less than significant.
d. This development would not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.

Citywide biological resources were evaluated in the Visalia General Plan Update Environmental Impact Report (EIR).

The EIR concluded that the movement of wildlife species may be directly or indirectly affected by future
development within the General Plan Planning Area. Such effects would be considered significant. However, the
General Plan contains multiple policies, identified under Impact 3.8-4 of the EIR, that together work to reduce the potential for impacts on wildlife movement corridors
located within the Planning Area. With implementation of these policies, impacts on wildlife movement corridors will be less than significant.
e. The project will not conflict with any local policies or ordinances protecting biological resources. The City has a municipal ordinance in place to protect valley oak trees.

All existing valley oak trees which are located on the
permitter of the project site will be under the jurisdiction of this ordinance. Any oak trees to be removed from the site are subject to the jurisdiction of the municipal ordinance. f. There are no local, regional or state habitat conservation plans for the area.

V. CULTURAL RESOURCES
a. Based on the submitted Cultural Resources Assessment conducted by Heather Froshour, M.A., R.P.A., Senior
Archaeologist with Soar Environmental Consulting on
January 17, 2025 there are no known historical resources located within the project area. If some potentially
historical or cultural resource is unearthed during
development all work should cease until a qualified
professional archaeologist can evaluate the finding and make necessary recommendations.
b. Based on the submitted Cultural Resources Assessment, there are no known archaeological resources located
within the project area. If some archaeological resource is unearthed during development all work should cease until a qualified professional archaeologist can evaluate the finding and make necessary recommendations.
c. There are no known human remains buried in the project vicinity. If human remains are unearthed during
development all work should cease until the proper
authorities are notified and a qualified professional
archaeologist can evaluate the finding and make any
necessary recommendations.

VI. ENERGY
a. Development of the site includes construction of 201-unit single-family subdivision, as well as the required
infrastructure such as the construction of streets,
extension of sewer lines and laterals, future connection to storm drainage system and extension of other utilities and services (gas, electricity, water) and improvements such as curb and gutter, sidewalks, streetlights. This
development may increase the energy consumption
related to worker trips and operation of construction
equipment. This increase would be temporary and limited through the compliance with local, state, and federal
regulations. Once the subdivision is complete, the energy consumption would be typical of a single family home
subdivision, similar to what is located directly east of the site.
b. The project will not conflict with or obstruct any state or local plans for renewable energy or energy efficiency. The proposed project will comply with all state and local
policies related to energy efficiency.

VII. GEOLOGY AND SOILS
a. The State Geologist has not issued an Alquist-Priolo Earthquake Fault Map for Tulare County. The project area is not located on or near any known earthquake fault lines or areas prone to seismic activity or landslides. Therefore, the project will not expose people or structures to potential substantial adverse impacts involving earthquakes.
b. Development of this site will require movement of topsoil.

Existing City Engineering Division standards require that a grading and drainage plan be submitted for review to the City to ensure that on- and off-site improvements will be designed to meet City standards.
c. The project area is relatively flat and the underlying soil is not known to be unstable and have a low capacity for
landslides, lateral spreading, subsidence, liquefaction, or collapse. Soils in the Visalia area have few limitations with regard to development. Due to low clay content and
limited topographic relief, soils in the Visalia area have low expansion characteristics.
d. Due to low clay content, soils in the Visalia area have an expansion index of 0-20, which is defined as very low
potential expansion.
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e. The project site area is currently vacant and future development will not include any development that would utilize the need of septic tanks or alternative waste water disposal systems since sanitary sewer lines will be
installed and utilized for the disposal of wastewater at this site.
f. There are no unique geological features and no known paleontological resources located within the project area.

If some potentially unique paleontological or unique
geological resources are unearthed during development
all work should cease until a qualified professional
paleontologist can evaluate the finding and make
necessary mitigation recommendations.

VIII. GREENHOUSE GAS EMISSIONS
a. The project is expected to generate Greenhouse Gas
(GHG) emissions in the short-term as a result of the
construction of residences within the subdivision map and in the long-term as a result of day-today operations of the proposed residences.

The City has prepared and adopted a Climate Action Plan (CAP), which includes baseline GHG emissions
inventories, reduction measures, and reduction targets
consistent with local and State goals. The CAP was
prepared concurrently with the proposed General Plan
and its impacts are also evaluated in the Visalia General Plan Update EIR.

The Visalia General Plan and the CAP both include
policies that aim to reduce the level of GHG emissions
emitted in association with buildout conditions under the General Plan. Although emissions will be generated as a result of the project, implementation of the General Plan and CAP policies will result in fewer emissions than would be associated with a continuation of baseline conditions.

Thus, the impact to GHG emissions will be less than
significant.
b. The State of California has enacted the Global Warming Solutions Act of 2006 (AB 32), which included provisions for reducing the GHG emission levels to 1990 “baseline” levels by 2020 and to a level 80% below 1990 baseline
levels by 2050. In addition, the State has enacted SB 32 which included provisions for reducing the GHG emission levels to a level 40% below 1990 baseline levels by 2030.

The proposed project will not impede the State’s ability to meet the GHG emission reduction targets under AB 32.

Current and probable future state and local GHG
reduction measures will continue to reduce the project’s contribution to climate change. As a result, the project will not contribute significantly, either individually or
cumulatively, to GAG emissions.

IX. HAZARDS AND HAZARDOUS MATERIALS
a. No hazardous materials are anticipated with the project. b. Construction activities associated with development of the subdivision may include maintenance of on-site
construction equipment, which could lead to minor fuel
and oil spills. The use and handling of any hazardous
materials during construction activities would occur in accordance with applicable federal, state, regional, and local laws. Therefore, impacts are considered to be less than significant.
c. There are no schools located within one-quarter of a mile of the project site and therefore, there is no reasonably foreseeable condition or incident involving the project that could affect existing or proposed school sites or areas within one-quarter mile of school sites.
d. The project area does not include any sites listed as hazardous materials sites pursuant to Government Code
Section 65692.5.
e. The Tulare County Comprehensive Airport Land Use Plan shows the project area is located outside the Airport
Influence Area and the Airport Safety Zones. Therefore, the project will not result in a safety hazard or excessive noise for people residing or working in the project area. f. The project will not interfere with the implementation of any adopted emergency response plan or evacuation
plan.
g. There are no wildlands within or near the project area.

X. HYDROLOGY AND WATER QUALITY
a. The project will not violate any water quality standards of waste discharge requirements. Future development of the project site of the single-family subdivision would be
required to meet the City’s improvement standards for
directing storm water runoff to the existing City storm water drainage system, consistent with the City’s adopted City Storm Drain Master Plan.
b. The project will not substantially deplete groundwater supplies in the project vicinity. The project site will be served by a water lateral for domestic, irrigation, and fire protection use.

The project area overlies the southern portion of the San Joaquin unit of the Central Valley groundwater aquifer.

Development within the project area will result in an
increase of impervious surfaces, which might affect the amount of precipitation that is recharged to the aquifer.

As the City of Visalia is already largely developed and covered by impervious surfaces, the increase of
impervious surfaces through this project will be small by comparison. The project therefore might affect the amount of precipitation that is recharged to the aquifer. The City of Visalia’s water conversation measures and explorations for surface water use over groundwater extraction will
assist in offsetting the loss in groundwater recharge.
c. The project will not result in substantial erosion on- or offsite. Development of the site will not alter the course of any rivers or streams as neither are located near the site.

Development of the site has the potential to affect
drainage patterns in the short term due to erosion and
sedimentation during construction activities and in the long term through the expansion of impervious surfaces. The
City’s existing standards may require the preparation and implementation of a Storm Water Pollution Prevention
Plan (SWPPP) in accordance with the SWRCB’s General
Construction Permit process, which would address
erosion control measures.

The project will not substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would
result in flooding on- or off-site. The development of the site will also not impede or redirect flood flows.
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Development of the site will create additional impervious surfaces, such as streets. However, existing and planned improvements to storm water drainage facilities as
required through the Visalia General Plan policies will reduce any potential impacts to a less than significant level.

The project will not create or contribute runoff water, which would exceed the capacity of existing or planned storm
water drainage systems or provide substantial additional sources of polluted runoff. The development will be
required to meet the City’s improvement standards for
directing storm water runoff to the existing City storm water drainage system; consistent with the City’s adopted City Storm Drain Master Plan.
d. The project area is partially located within Zone AE, which indicates an area that is within a high-risk flood hazard area. This is due to the proximity to Tulare Irrigation Canal. The project area is located adjacent to the Tulare Irrigation Canal; however, it is outside potentially
hazardous areas for seiches and tsunamis. Due to the
site’s proximity to Tulare Irrigation Canal there is the potential for mudflow occurrence, however these impacts are less than significant.

The project area along with the entirety of the City of Visalia lies within the dam inundation area of Terminus Dam, located approximately 35 miles to the east from the project site. In the case of dam failure, people and
structures would be exposed to flooding risk and
potentially pollutants. This impact is considered significant and unavoidable.
e. The project will not conflict with or obstruct implementation of a water quality plan or sustainable groundwater
management plan. The Visalia General Plan Update
Environmental Impact Report (EIR) has already
considered the environmental impacts of the placement of people and structures to an area at risk of dam failure.

The General Plan contains multiple policies that address the issue, and the County of Tulare maintains the Tulare County Hazard Mitigation Plan and a Mass Evacuation
Plan that will help to reduce the impact.

Because there is still a significant impact, a Statement of Overriding Considerations was previously adopted with
the Visalia General Plan Update EIR.

XI. LAND USE AND PLANNING
a. The project will not physically divide an established community. Upon annexation, the project will be zoned R1-5 (Single-Family Residential, 5,000 square foot minimum site area) and C-MU (Mixed Use Commercial),
which is consistent with the surrounding land use
designations and the future use of the site. The project site is bordered by Caldwell Avenue, a Minor Arterial, to the north, Santa Fe Street, a Collector, to the west, and will share the Local road Burke Street to the east.
b. The project does not conflict with any land use plan, policy or regulation of the City of Visalia. The proposed project is to be developed on land designated for RLD (Low Density Residential) and CMU (Commercial Mixed Use) which is
consistent with the surrounding land use designations as identified in Table 9-1 “Consistency between the Plan and Zoning” of the General Plan.

XII. MINERAL RESOURCES
a. No mineral areas of regional or statewide importance exist within the Visalia area.
b. There are no mineral resource recovery sites delineated in the Visalia area.

XIII. NOISE
a. The project will not result in noise generation typical of urban development. Future development of the
subdivision will result in noise generation typical of urban development, but not in excess of standards established in the City of Visalia’s General Plan or Noise Ordinance.

Noise levels will increase temporarily during the
construction of these facilities but shall remain within noise limits and will be restricted to the allowed hours of
construction defined by the City of Visalia Noise
Ordinance. Temporary increase in ambient noise levels is considered to be less than significant.

Furthermore, the Visalia General Plan contains multiple policies, identified under Impact N-P-3 through N-P-5, that work to reduce the potential for noise impacts to sensitive land uses. With implementation of Noise Impact Policies and existing City Standards, noise impacts to new noise sensitive land uses would be less than significant.
b. Ground-borne vibration or ground-borne noise levels may occur as a result of construction activities associated with development of the subdivision. Any construction activities will be temporary and will not expose persons to such
vibration or noise levels for an extended period of time; thus the impacts will be less than significant. There are no existing uses near the project area that create groundborne vibration or ground-borne noise levels. c. The project site is not located within the Airport Influence Area nor within the Airport Safety Zones nor near a private airstrip and therefore will not expose people residing or working in the project area to excessive noise levels.

XIV. POPULATION AND HOUSING
a. The project will not directly induce substantial population growth that is in excess of that planned in the General Plan.
b. Development of the subdivision will not displace any housing or people as the proposed site is currently vacant.

XV. PUBLIC SERVICES
a.
i. Current fire protection facilities are located at Visalia Station 56 and can adequately serve the site without a
need for alteration. Impact fees will be paid to mitigate the project’s proportionate impact on these facilities. ii. Current police protection facilities can adequately serve the site without a need for alteration. Impact fees will be paid to mitigate the project’s proportionate impact on
these facilities.
iii. The project will generate new students for which
existing schools in the area would need to
accommodate. In addition, to address direct impacts,
the project will be required to pay residential impact
fees. These fees are considered to be conclusive
mitigation for direct impacts.
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iv. Current Park facilities can adequately serve the site without a need for alteration. Impact fees will be paid upon development to mitigate the project’s
proportionate impact on these facilities.
v. Other public facilities can adequately serve the site without a need for alteration.

XVI. RECREATION
a. The project will directly generate new residents and will therefore directly increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated. Residential
developments will pay impact fees to mitigate impacts.
b. The proposed project includes a small pocket park but does not include recreational facilities or requires the construction or expansion of recreational facilities within the area that might have an adverse physical effect on the environment.

XVII. TRANSPORTATION AND TRAFFIC
a. The project will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Future development will result in an increase to traffic levels on arterial and collector
roadways, although the City of Visalia’s Circulation
Element has been prepared to address this increase in
traffic.
b. Development of the site will result in increased traffic in the area, but will not cause a substantial increase in traffic on the city’s existing circulation pattern. This site was evaluated in the EIR for the City of Visalia Land Use
Element Update for urban use. Additionally, a Traffic
Impact Analysis was not required for the project.

The City of Visalia, in determining the significance of transportation impacts for land use projects, recognizes the adopted City of Visalia Vehicle Miles Travelled (VMT) Thresholds and Implementation Guidelines (LSA, 2021,
herein referred to as “Guidelines”) recommended
threshold as the basis for what constitutes a significant or less than significant transportation impact. The Guidelines recommend a 16% reduction target based on the
Greenhouse Gas emission reduction target for 2035 for
the Tulare County region set by the SB 375 Regional Plan Climate Target. Therefore, residential projects exceeding 16% below the existing VMT per capita is indicative of a significant environmental impact.

For the metric measuring VMT per trip distance, a map of the City of Visalia, produced by Tulare County Association of Governments (TCAG), provides areas with 84% or less
average VMT per trip distance, or 16% below the regional average. The areas with 84% or less average VMT per
trip distance, and are consistent with the City’s General Plan, are presumed to have similar low VMT profiles and could be screened out from further VMT analysis. The
map was initially included in the Guidelines as Figure 6 and is updated online with the most recent data from the Tulare County Association of Governments Regional
Transportation Plan Travel Demand Model.

In the subject site’s traffic analysis zone (TAZ), there is no established average trip distance based on no population.

However, in all TAZs immediately surrounding this TAZ,
the current average trip distance experienced measures
less than 84% of the average VMT per trip distance for the region, and no adjacent TAZ experienced measures
above 84% of the average VMT per trip distance. Thus,
although there is currently no population in this TAZ, it can be deducted that the proposal would likewise be screened out of performing a VMT analysis and the project will have a less than significant impact with regards to compliance with CEQA Guidelines section 15064.3, subdivision (b)
c. Development of the site will not cause any hazards due to geometric design feature or incompatible uses. There are no planned designs that are considered hazardous.
e. The project will not result in inadequate emergency
access.

XVIII. TRIBAL CULTURAL RESOURCES
Tribal notification was circulated in accordance with Senate Bill

52. No response was received pertaining to the project. The proposed project would not cause a substantial adverse
change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe.
a. The site is not listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k).
b. The site has been determined to not be significant
pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code
Section 5024.1, because it is an isolated infill site
surrounded by existing urban development.

Pre-consultation letters were sent to local tribes in
accordance with AB 52, providing tribes with a 30-day
early review period. Staff did not receive correspondence in return from any of the tribes which were noticed.

Further, the EIR (SCH 2010041078) for the 2014 General Plan update included a thorough review of sacred lands files through the California Native American Heritage Commission.

The sacred lands file did not contain any known cultural resources information for the Visalia Planning Area.

XIX. UTILITIES AND SERVICE SYSTEMS
a. The project will be connecting to existing City sanitary sewer lines, consistent with the City Master Plan and will not result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. The Visalia wastewater treatment plant has a current rated
capacity of 22 million gallons per day but currently treats an average daily maximum month flow of 12.5 million
gallons per day. With the completed project, the plant has more than sufficient capacity to accommodate impacts
associated with the project. The proposed project will
therefore not cause significant environmental impacts.

The development onsite will be required to install City storm water drainage lines that handle on-site and street runoff. Usage of these lines is consistent with the City Storm Drain Master Plan. These improvements will not
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cause significant environmental impacts. The project also does not require the relocation or construction of new or expanded electric power, natural gas, or
telecommunications.
b. California Water Service Company has determined that there are sufficient water supplies to support the site, and that service can be extended to the site.
c. The City has determined that there is adequate capacity existing to serve the site’s projected wastewater treatment demands at the City wastewater treatment plant upon
development of the project.
d. Current solid waste disposal facilities can adequately serve the site without a need for alteration.
e. The project will be able to meet the applicable regulations for solid waste. Removal of debris from future construction will be subject to the City’s waste disposal requirements.

XX. WILDFIRE
a. The project will not substantially impair an adopted emergency response plan or emergency evacuation plan.
b. The project site is located on a flat area of agriculture and urban land which is considered to be at little risk of fire. c. The development of the site will include the development of infrastructure such as roads, sewer lines, power lines and utilities, however all improvements would be subject to City standards and Fire Marshal approval. The
proposed project would not exacerbate fire risk.
d. The project site is flat and therefore is not susceptible to downslope or downstream flooding or landslides as a
result of post-fire instability, or drainage changes.

XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a. The Biological Resources Assessment found the project is not likely to have any permanent impact on the special
status species or associated habitats through the
implementation of appropriate avoidance and minimization measures. The proposed project will not impact the Valley Oak woodland habitat surrounding the property and the
associated nesting birds and special-status species may occur.
b. This site was evaluated in the Program EIR (SCH No.
2010041078) for the City of Visalia General Plan Update for the area’s conversion to urban use. The City adopted mitigation measures for conversion to urban development.

Where effects were still determined to be significant a statement of overriding considerations was made.
c. This site was evaluated in the Program EIR (SCH No.
2010041078) for the City of Visalia General Plan Update for conversion to urban use. The City adopted mitigation measures for conversion to urban development. Where
effects were still determined to be significant a statement of overriding considerations was made.
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DETERMINATION OF REQUIRED ENVIRONMENTAL DOCUMENT
On the basis of this initial evaluation:
__ I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION WILL BE PREPARED.

X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED.
_ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
_ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
_ I find that as a result of the proposed project no new effects could occur, or new mitigation measures would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution No. 2014-37 adopted on October 14, 2014. THE PROGRAM ENVIRONMENTAL IMPACT REPORT WILL BE UTILIZED.

March 26, 2025
Brandon Smith, AICP Date
Environmental Coordinator
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dtsc.ca.gov

SENT VIA ELECTRONIC MAIL
April 9, 2025
Colleen A. Moreno
Assistant Planner
City of Visalia
315 E. Acequia Ave
Visalia, CA 93291
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR ANNEXATION NO. 2024-05 & BLANKENSHIP TENTATIVE SUBDIVISION MAP NO. 5602 DATED APRIL 1, 2025, STATE CLEARINGHOUSE NUMBER 2025040063
Dear Colleen A. Moreno,
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for Annexation No. 2024-05 & Blankenship Tentative Subdivision Map No. 5602. Annexation No. 2024-05 is a request by San Joaquin Valley Homes to annex two parcels totaling approximately 62.53 acres into the City limits of Visalia. Upon annexation, approximately 55.49 acres of the site would be zoned R-1-5 (Single-Family Residential 5,000 square foot minimum site area) and approximately 7.04 acres of the site will be zoned C-MU (Mixed Use Commercial), which is consistent with the General Plan Land Use Designation. The project is supported by the Blankenship Tentative Subdivision Map No. 5602, which is a request by San Joaquin Valley Homes to subdivide two parcels totaling 62.96 acres into 203 lots for single-family residential use.

Upon annexation, the site will be zoned R-1-5 and C-MU. Development of single-family homes will be restricted to the R-1-5 zone. Commercial development of the area zoned for commercial use is not part of this project and the remainder will be developed later.

The residential subdivision will meet the City’s development standards for the zone. 581
Colleen A. Moreno
April 9, 2025

DTSC recommends and requests consideration of the following comments:

1. When agricultural crops and/or land uses are proposed or rezoned for residential use, a number of contaminants of concern (COCs) can be present.

The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are dichloro-diphenyl-trichloroethane, toxaphene, and dieldrin.

Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSC-SLs approved local area baselines or thresholds. If they do not, remedial action must take place to mitigate them below those thresholds. Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons may be required.

2. DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual. Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

DTSC would like to thank you for the opportunity to comment on the MND for Annexation No. 2024-05 & Blankenship Tentative Subdivision Map No. 5602. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on 582
Colleen A. Moreno
April 9, 2025

DTSC’s comments, please respond to this letter or via our CEQA Review email for additional guidance.

Sincerely,
Dave Kereazis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Land Use and Climate Innovation
State Clearinghouse
[email protected]
Tamara Purvis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
583
Biological Habitat Assessment
Blankenship Subdivision Development Project
Assessor Parcel Number 123-400-001 and 123-400-005
Caldwell Avenue and Santa Fe Street in Visalia, California Prepared for
San Joaquin Valley Homes
5607 Avenida de los Robles
Visalia, California 93291
Prepared by
1322 East Shaw Avenue, Suite 400
Fresno, CA 93710
January 20, 2025
584

Executive Summary
Soar Environmental Consulting Inc. (Soar Environmental) was retained by San Joaquin Valley Homes (Client) to conduct a literature review and reconnaissance-level survey for the proposed Andover Place Unit 1. The project is located within the City of Visalia, California, south of Caldwell Avenue between Santa Fe Street and Burke Street, USGS 7.5 Minute Quad: Visalia, NW Corner Section 8 Township 19S, Range 25E (Project). The survey identified vegetation communities and the potential for the occurrence of specialstatus species or habitats that could support special-status wildlife species, and recorded all plants and animals observed or detected within the Project boundary. This Habitat Assessment is designed to address potential effects of the proposed project on any species currently listed or formally proposed for listing as endangered or threatened under the Federal Endangered Species Act (ESA) or the California Endangered Species Act (CESA) or species designated as sensitive by the California Department of Fish and Wildlife (CDFW) or the California Native Plant Society (CNPS). The information in this document is in accordance with accepted scientific and technical standards and is consistent with the requirements of the United States Fish and Wildlife Service (USFWS) and CDFW. Additionally, the site was surveyed for drainage features that would meet the definition of the Waters of the U.S. (WOUS), Waters of the State (WOS), or CDFW jurisdiction.

This Habitat Assessment was conducted in accordance with CEQA guidelines §15060. The objectives of the assessment are to 1) provide a general characterization of biological resources for the property; 2) inventory plant and wildlife species; 3) evaluate the potential for federally listed plant and animal species to occur or be adversely affected; and 4) describe the property’s sensitive biological resources.

This Habitat Assessment provides information about the biological resources within the Project area.

Prior to field activities, Soar Environmental researched the California Natural Diversity Database (CNDDB), the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), and the California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Plants of California, to compile a list of special-status species that could potentially be present in the vicinity of the Project area.

Soar Environmental researched specific species and habitat requirements for the species noted in the CNDDB, IPaC, and CNPS databases and included species listing status and proximal species observations in this report.

Based on documented occurrences of special-status species from the data record search and analysis of current environmental conditions, it was determined there is potential for Nuttall’s woodpecker (Picoides nuttallii) to occur within the vicinity of the Project area. No other special-status plant or wildlife species were observed in the Project area during the Habitat Assessment, and no other listed species were found likely to occur. With the implementation of appropriate mitigation measures, the proposed development of this property is unlikely to have any permanent impact on Nuttall’s woodpecker or any other listed species identified in this report.
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Contents
Executive Summary............................................................................................................................................ 1

1. Introduction .................................................................................................................................................. 4

1.1 Project Location...................................................................................................................................... 5

1.2 Project Description.................................................................................................................................. 6

1.3 Regulatory Background........................................................................................................................... 6

1.3.1 Federal Endangered Species Act...................................................................................................... 6

1.3.2 California Endangered Species Act................................................................................................... 7

1.3.3 California Environmental Quality Act (CEQA) .................................................................................. 7

1.3.4 Migratory Bird Treaty Act................................................................................................................. 7

1.3.5 City of Visalia Oak Tree Mitigation Policy......................................................................................... 8

2. Existing Conditions........................................................................................................................................ 8 Valley Oak Woodland ................................................................................................................................ 8 Wetland Habitats ...................................................................................................................................... 9

3. Methods ....................................................................................................................................................... 9

3.1 Literature Review.................................................................................................................................... 9

3.2 Field Reconnaissance Methodology........................................................................................................ 9

4. Habitat Assessment Results........................................................................................................................ 10

5. Special-Status Species................................................................................................................................. 13

5.1 Special-Status Wildlife Species Descriptions......................................................................................... 22 Bird Species.............................................................................................................................................. 22 Invertebrates Species............................................................................................................................... 24 Mammal Species...................................................................................................................................... 24 Reptile Species ......................................................................................................................................... 25

5.2 Special-Status Plant Species.................................................................................................................. 25

6. Findings 25
Project Impacts ............................................................................................................................................ 26

7. Conclusion................................................................................................................................................... 26

8. Recommendations...................................................................................................................................... 27

9. Study Limitations ........................................................................................................................................ 28 Literature Cited ................................................................................................................................................ 29 586

Figures
Figure 1. Project Location ............................................................................................................. 5 Figure 2. Site Plan ......................................................................................................................... 6 Figure 3. Project Site Map ............................................................................................................ 10 Figure 4. Map of CNDDB Occurrences......................................................................................... 21 Tables
Table 1. Wildlife Species Observed in the Project Area ...............................................................11 Table 2. Plant Species Observed in the Project Area ................................................................... 12 Table 3. Potentially Occurring Listed Wildlife Species ................................................................. 14 Table 4. Regionally Occurring Special-Status Plant Species .........................................................18 Appendices
APPENDIX A: Project Site Photographs....................................................................................... 30 APPENDIX B: United States Fish and Wildlife Service IPaC Resource List ...................................54 APPENDIX C: California Department of Fish and Wildlife RareFind ............................................55 APPENDIX D: California Native Plant Society Rare Plant Inventory ............................................56 APPENDIX E: United States Fish and Wildlife Service: National Wetland Inventory Map ..........57 APPENDIX F: Project Site Plan ..................................................................................................... 58 587

1. Introduction
The proposed Project is a residential housing development on a 62.54-acre property located at East Caldwell Avenue and Santa Fe Street in the city of Visalia, Tulare County, California. Soar Environmental Consulting Inc. (Soar Environmental) has been tasked to prepare technical studies to support the California Environmental Quality Act (CEQA) compliance on behalf of the City of Visalia, Tulare County, CA.

The Project area consists entirely of disturbed, agricultural, and ruderal habitat types. The property contains walnut orchards and is permeated by non-native grasses. The site is surrounded by paved roadways except for the southern boundary, which is bordered by an irrigation canal and vineyards. Large, sparsely distributed valley oak trees line the project site on the south and eastern borders of the project.

Surrounding vegetation includes both native and non-native ornamental trees and shrubs, and ruderal weeds associated with urbanized landscapes.

This Habitat Assessment presents the findings of our Literature Review (Section 3.1) based on the California Department of Fish and Wildlife (CDFW) Natural Diversity Data Base (CNDDB), the California Native Plant Society (CNPS) online electronic inventory of rare and endangered California plants, the U.S.

Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) for reported occurrences of special-status vegetation communities, plants, and animals.

Based on the proximity of documented occurrences of special-status species from the Literature Review and Habitat Assessment, the following special-status species were identified as having the potential to occur in the vicinity of the Project area and were considered for further analysis:

Potentially Occurring Special-Status Wildlife Species
Species with Low Potential for Occurrence:
1) California gull (Larus californicus)
2) Crotch’s bumblebee (Bombus crotchii)
3) Oak titmouse (Baeolophus inornatus)
4) San Joaquin kit fox (Vulpes macrotis mutica)
5) Swainson’s hawk (Buteo swainsoni)
6) Western pond turtle (Emys marmorata)
7) Western yellow-billed cuckoo (Coccyzus americanus occidentalis) 8) Nuttall’s woodpecker (Picoides nuttallii)
*Tables 3 & 4 provide a complete list of special status species considered in this report's analysis.

A qualified biologist from Soar Environmental conducted a habitat assessment on December 13, 2024.

During the assessment, one special-status wildlife species, Nuttall’s woodpecker (Picoides nuttallii), was observed near the property. No special-status plant species were observed in the Project area. Suitable habitat features on the project site included Valley Oak Woodland Habitat, largely composed from heritage-size valley oak trees. Other potential nesting bird habitats surrounding the site, including Walnut orchards, ornamental trees and shrubs, and utility poles. 588

Based on the findings of the Habitat Assessment, the proposed development of this Project is not likely to adversely affect any of the special-status species identified in the Literature Review section of this report through the use of appropriate Avoidance and Minimization Measures.

1.1 Project Location
The project is located on the southern edge of the City of Visalia, California, south of Caldwell Avenue between Santa Fe Street and Burke Street. It is comprised of Assessor Parcel Numbers (APN) 123-400-001 and 123-400-005, at an elevation of approximately 325 feet. The Project area is on the southeastern side of the city, approximately two miles south of California State Route (SR) 198. The Project area is in the U.S.G.S. 7.5 Minute Quad: Visalia, NW Corner Section 8, Township 19S, Range 25E.

Figure 1. Project Location
Caldwell Avenue and Santa Fe Street in Visalia, California Assessor Parcel Number (APN) 123-400- 001 and 123-400-005.
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1.2 Project Description
The proposed project is a housing development comprising 201 units, including a 6.85-acre lot zoned for commercial use. The Project site is a 62.54-acre agricultural orchard consisting of Assessor Parcel Numbers (APN) 123-400-001 and 123-400-005. Project activities will be limited to the property boundary.

Upon completion, the development site will be bordered by decorative landscaping, including the existing Valley oak trees around the parcel boundary's perimeter. Ground-disturbing activities are expected to commence outside of the nesting bird breeding season (February 1 and September 15). Therefore, no impact on nesting bird species will result from project-related activities.

Figure 2. Site Plan
A detailed site plan is shown in Appendix F.

1.3 Regulatory Background

1.3.1 Federal Endangered Species Act
The Federal Endangered Species Act (ESA) prohibits the “take” of federally listed endangered or threatened wildlife species. “Take” is defined to include harassing, harming (including significantly modifying or degrading habitat), pursuing, hunting, shooting, wounding, killing, trapping, capturing, or 590

collecting wildlife species or any attempt to engage in such conduct (16 USC 1532, 50 CFR 17.3). Actions that result in take can result in civil or criminal penalties. The federal ESA and Section 404 guidelines prohibit the issuance of wetland permits for projects that would jeopardize the existence of threatened or endangered species. The US Army Corps of Engineers (ACOE or Corps) must consult with the U.S. Fish and Wildlife Service (USFWS) and possibly the National Marine Fisheries Service (NMFS) when threatened or endangered species may be affected by the proposed project to determine whether issuance of a Section 404 permit would jeopardize the continued existence species. In the context of the project site, the federal ESA would be triggered if development resulted in the take of a threatened or endangered species or if the issuance of a Section 404 permit or other federal agency action could adversely affect or jeopardize a threatened or endangered species.

1.3.2 California Endangered Species Act
The state ESA is similar to the federal ESA but pertains to state-listed endangered and threatened species. It required state agencies to consult with the California Department of Fish and Game when preparing California Environmental Quality Act (CEQA) documents to ensure that the state lead agency actions do not jeopardize the existence of listed species. It directs agencies to consult with DFG on projects or actions that could affect listed species, directs DFG to determine whether jeopardy would occur, and allows DFG to identify “reasonable and prudent alternatives” to the project consistent with conserving the species. Agencies can approve a project that affects a listed species if they determine that there are “overriding considerations”; however, the agencies are prohibited from approving projects that would result in the extinction of a listed species. The state ESA prohibits the taking of state-listed endangered or threatened plant and wildlife species. DFG exercises authority over mitigation projects involving statelisted species, including those resulting from CEQA mitigation requirements. DFG may authorize “take” if an approved habitat management plan or management agreement that avoids or compensates for possible jeopardy is implemented. DFG required preparation of mitigation plans in accordance with published guidelines.

1.3.3 California Environmental Quality Act (CEQA)
CEQA applies to public agencies in California with discretionary authority over project approvals and permits. CEQA requires that the impacts of proposed projects be assessed before the project is approved.

Projects with significant environmental impacts can only be approved with adequate mitigation or compensation unless a finding of overriding consideration is made. Discretionary approval from public agencies may require avoidance measures or compensatory mitigation. CEQA also provides that less than significant impacts of an individual project can be treated as significant if they contribute to significant cumulative impacts on the environment.

1.3.4 Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) was first enacted in 1918 and authorized the Secretary of the Interior to regulate the “taking” of migratory birds. Specifically, the MBTA states that it shall be unlawful, except as permitted by regulations, to “at any time, by any means, or in any manner, to pursue, take, kill, possess, sale, purchase, ship, transport, carry, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of any such bird” (16 USC 703). The current list of species protected by the MBTA is located in Title 50, CFR Section 10.13.
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1.3.5 City of Visalia Oak Tree Mitigation Policy
As described in the City of Visalia Valley Oak Tree Protection Ordinance; It is unlawful for any person to willfully remove, destroy, damage, mutilate, poison, or attempt to kill an oak tree in the city, except as may be allowed pursuant to a removal permit as provided for in Section 12.24.030, or as designated in a notice to prune an oak tree that satisfies of Article 3.

Any person desiring to destroy or remove an oak tree on private or public property must apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall forward such application to the city manager of the city. The application shall contain the number, size, and location of the oak trees and a brief statement of the reason for the requested action. The city manager shall charge a fee for said permit, established by the city council's annual designation of city fees.

2. Existing Conditions
The Project area is a 62.54-acre rectangular-shaped inactive walnut orchard located on the city's southern edge at an elevation of approximately 325 feet above mean sea level (AMSL). Ground cover on the property is mostly bare ground, with ruderal weeds and grasses dominating the edges of the property.

Paved roadways border the north and west sides of the Project site, with East Caldwell Avenue to the north and Santa Fe Street to the west. A city bike path and fence along the railroad and Santa Fe Street occurs on the western boundary of the project and contains several ornamentally planted trees, including western Sycamore (Platanus racemosa), western redbud (Cercis occidentalis), and olive (Olea europaea).

Agricultural land dominates the landscape to the south, with an urban environment to the north. There is ongoing residential development to the north, east, and west.

The project site is bordered by several large-diameter valley oak (Quercus lobata) trees along its southern and eastern boundaries. A riverine feature known as the Tulare Irrigation Canal also borders the southern boundary of the project site, and there is a large grape vineyard south of the canal and project site. The Visalia U.S.G.S. quadrangle map shows that the Tulare Irrigation Canal connects to Packwood Creek and Cameron Creek as a riverine habitat. Cameron Creek is approximately 0.18 miles south of the Project site.

Valley Oak Woodland
Valley Oak (Quercus lobata) Woodland habitat supports breeding, foraging, and shelter habitat for several wildlife species. Species observed in this habitat during the biological assessment include Nuttal’s woodpecker (Picoides nuttallii). Evidence was observed of cache trees for the Acorn woodpecker (Melanerpes formicivorus), and there is potential for use by oak titmouse (Baeolophus inornatus) and other avian wildlife species.

As mentioned previously, the project site contains scattered large-diameter heritage sized valley oak trees bordering the southern border of the Project site along the Tulare Irrigation Canal and along the eastern boundary of the project. The City of Visalia Valley Oak Tree Protection Ordinance regulates oak tree removals or impacts. The Valley Oak Tree Protection Ordinance generally describes preservation criteria for oak trees within designated open space areas. Oak tree removal, revegetation, and mitigation will be in accordance with the Valley Oak Tree Protection Ordinance framework. 592

Wetland Habitats
According to the National Wetland Inventory, a riverine habitat, the Tulare Irrigation Canal runs adjacent to the property's southern boundary (Appendix E). This canal appears to be part of a matrix of the Kaweah Delta watershed and is connected to various tributaries within the watershed, including Cameron Creek and Packwood Creek, and is controlled and maintained by the Tulare County Irrigation District. During the Habitat Assessment field survey, this drainage was completely dry and sparsely covered with ruderal weeds. During the site visit, it was noted that the natural habitat around this canal was mostly disturbed, with dirt roads running along both sides of the canal. Several large-diameter valley oak trees bordered the canal along the Project Boundary (Photos 1, 3, 4, 27, 28, 36, & 38).

3. Methods

3.1 Literature Review
Before performing the Habitat Assessment, Soar Environmental searched for threatened or endangered species that could occur near the Project area. The records search included a review of the California Natural Diversity Database (CNDDB), the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), and the California Native Plant Society (CNPS) Online Rare Plant Inventory. The area covered by the data records search included the USGS 7.5-minute quadrangles of Visalia, Cairn’s Corner, Exeter, Goshen, Ivanhoe, Monson, Paige, Traver, and Tulare. These sources generated a list of special-status plant and animal species. Proximal locations of special-status plant and animal species located within 5 miles of the Project Site are shown in (Figure 5).

An analysis of special-status species from CNDDB records identified eight State and/or federally listed wildlife species that historically occurred near the Project area. These eight wildlife species were considered for further analysis. The CNPS Online Rare Plant Inventory identified twenty-one regionally occurring special-status plant species historically occurring near the Project area. However, an analysis of habitat and existing conditions determined that all special-status plant species identified are absent from or unlikely to occur within the Project area due to long-term ongoing disturbance from active agriculture and/or the absence of suitable habitat within the Project area and were excluded from further analysis (Section 5).

3.2 Field Reconnaissance Methodology
The Habitat Assessment is a diurnal, non-protocol survey. The purpose of the Habitat Assessment Survey was to search for the presence or suitable habitat for special-status species that have historically been known to occur in the area. The Habitat Assessment site visit includes observing and noting the plant and wildlife species occurring on and around the Project site, habitat suitability for the species named in the Literature Review, present environmental conditions, and habitat, including microhabitat (only observable from the ground level).

The Habitat Assessment was conducted on December 13, 2024, by Soar Environmental biologist Lucas Knox in order to assess the habitat quality for species listed in Section 5. Survey efforts emphasized the search for suitable habitats or the presence of special-status species that had documented occurrences in 593

the data records search of the CNDDB, IPaC, and CNPS databases. The site visit involves walking the property's perimeter and meandering transects throughout the Project area. During the site visit, the surveyor identified vegetation and searched for bird nests, possible small mammal dens, vernal pools, and other signs of wildlife occupancy or associated suitable habitat features. The biologist also surveyed the surrounding area by vehicle where accessible within 0.5 miles of the Project Site to look for biological resources and features that may be conducive to the suitable habitats for the identified special-status species. During the surveys, the biologist collected photos of the Project boundaries and other points of interest depicting the habitat and potential biological resources (Appendix A).

Figure 3. Project Site Map
Project area: 62.54 acres

4. Habitat Assessment Results
Paved roadways surround the project site with East Caldwell Avenue to the north, Santa Fe Street to the west, and Burke Street to the east. During the site visit, a sizeable vacant field with new herbaceous non-native ruderal plant growth was present north of the project site and Caldwell Avenue. The project site is bordered by several large-diameter valley oak (Quercus lobata) trees along the southern and 594

eastern boundaries of the project. The entire Project site consists of agricultural walnut orchards (Juglans species), which were actively being removed and placed in piles during the site visit. Groundcover along the boundaries of the Project site and portions of the walnut orchard are dominated by ruderal weeds and grasses, with large areas of bare ground. Commercial and residential properties with ornamental trees and shrubs are present north, east, and west of the Project site. A riverine feature known as the Tulare Irrigation Canal is adjacent to the southern boundary. During the site visit, the Tulare Irrigation Canal was dry and had sparse ruderal weeds growing in it.

The Project site is transected by two lateral farm roads between the walnut orchards from east to west, as well as an overhead utility line and irrigation systems to the property. During the site visit, twentytwo common bird species and thirty-three common plant species were observed within and adjacent to the Project site (Tables 1 & 2). Powerline poles and large trees in the vicinity were inspected for raptor nests and cavities. No large stick nests were observed. However, several cavities were present within the large valley oak trees along the southern and eastern edges of the project area.

Due to the predominantly agricultural ground cover, no small mammal burrows were present within the Project site; however, a few were present along the outskirts of the southern and eastern boundaries and the banks of the Tulare Irrigation Canal. Rodent control poison tube traps were observed along the irrigation canal and vineyard south of the Project, presumably targeting California ground squirrels (Otospermophilus beecheyi).

The survey was conducted by a qualified biologist outside of the blooming period for most of the sensitive plant species listed in Table 4 and outside the normal nesting bird season. However, no specialstatus plant species were seen within or near the Project area, and conditions for these species do not appear conducive due to the loss of a native seed bank from implementation of long-term agricultural practices.

During the site visit, one special-status wildlife species, Nutall’s woodpecker (Dryobates nuttallii), was present during the survey, and no other special-status plants or wildlife species were observed. Wildlife and plant species observed on or near the property are listed below in Tables 1 & 2.

Table 1. Wildlife Species Observed in the Project Area
Common/ Scientific Name Listing
Status Common/ Scientific Name Listing Status
American Bushtit
(Psaltriparus minimus) MBTA Lesser Goldfinch (Spinus psaltria) MBTA American Pipit
(Anthus rubescens) MBTA Merlin (Falco columbarius) MBTA Anna's Hummingbird
(Calypte anna) MBTA Mourning dove (Zenaida macroura) MBTA Black Phoebe
(Sayornis nigricans) MBTA Nuttall's woodpecker (Dryobates nuttallii) BCC, MBTA California Scrub Jay
(Aphelocoma californica) MBTA Red-tailed hawk (Buteo jamaicensis) MBTA Cedar Waxwing
(Bombycilla cedrorum) MBTA Ruby-crowned kinglet (Regulus calendula) MBTA 595

Table 2. Plant Species Observed in the Project Area
Common Raven
(Corvus corax) MBTA Say's phoebe (Sayornis saya) MBTA
Eurasian Collared Dove
(Streptopelia decaocto) MBTA Turkey vulture(Cathartes aura) MBTA European Starling
(Sturnus vulgaris) None White-crowned sparrow(Zonotrichia leucophrys) MBTA House Finch
(Haemorhous mexicanus) MBTA Yellow-rumped warbler(Setophaga coronata) MBTA Killdeer
(Charadrius vociferus) MBTA Lesser goldfinch (Spinus psaltria) MBTA Common / Scientific Name Listing Status Common/ Scientific Name Listing Status Annual Bluegrass
(Poa annua) None Mexican sprangletop (Leptochloa fusca ssp. uninervia) None Canadian Horseweed
(Erigeron canadensis) None European olive (Olea europaea) None Cheeseweed
(Malva parviflora) None Pigweed (Amaranthus sp.) None
Chickweed
(Stellaria media) None Prickly lettuce (Lactuca serriola) None Chinese Elm
(Ulmus parvifolia) None Redstem filaree (Erodium cicutarium) None Chinese Pistache
(Pistacia chinensis) None Ripgut brome (Bromus diandrus) None Common Knotweed (Polygonum
arenastrum) None Russian thistle (Salsola tragus) None
Fan Palms
(Washingtonia) None Saltgrass (Distichlis spicata) None Fern Grass
(Catapodium rigidum) None Silverleaf nightshade (Solanum elaeagnifolium) None Foxtail grass
(Alopecurus) None Slender Russian thistle (Salsola collina) None Goosefoot
(Chenopodium album) None Common sowthistle(Sonchus oleraceus) None Grapes
(Vitis californica) None Stinging nettle (Urtica dioica) None Iris
(Iris species) None Western sycamore (Platanus racemosa) None Jerusalem thorn
(Parkinsonia aculeata) None Valley Oak (Quercus lobata) None 596

5. Special-Status Species
Special-status plants and animals that have a reasonable possibility to occur in the Project area based on habitat suitability and requirements, elevation and geographic range, soils, topography, surrounding land uses, and proximity of known occurrences in the CNDDB, IPaC, and CNPS databases to the Project area are listed in Tables 2 & 3. The likelihood of the occurrence of special-status species was assessed using information from the various listed sources in Section 3.1 Literature Review and Habitat Assessment. Narratives are provided for species with land use planning and regulatory implications.

Results from the data records search identified 46 special-status species: 22 wildlife and 33 plant species. However, an analysis of recent occurrences, habitat suitability, and proximity within 5 miles of the Project site indicated 6 special-status species with low potential for occurrence and one special status wildlife species that was present during the site survey. Special-status species for which there are no regulatory implications (i.e., lack of suitable habitat or no record of historical occurrences within 5 miles) are excluded from further analysis.

Species with Low Potential for Occurrence:
1) California gull (Larus californicus)
2) Crotch’s bumblebee (Bombus crotchii)
3) Oak titmouse (Baeolophus inornatus)
4) San Joaquin kit fox (Vulpes macrotis mutica)
5) Swainson’s hawk (Buteo swainsoni)
6) Western pond turtle (Emys marmorata)
7) Western yellow-billed cuckoo (Coccyzus americanus occidentalis) Species Present during the Site Survey:
1) Nuttall’s woodpecker (Picoides nuttallii)
Special-status species and sensitive habitats include plant and wildlife taxa, or other unique biological features afforded special protection by local land use policies and/or state and federal regulations.

Special-status plant and wildlife species are those listed asrare,threatened, or endangered under the state or federal Endangered Species Acts. Vegetation communities may warrant special status if they are of limited distribution, have high wildlife value, or are particularly vulnerable to disturbance. Listed and special-status species are defined as:
- Listed or proposed for listing under the state or Federal Endangered Species acts.

Jimsonweed
(Datura stramonium) None Walnut (Juglans sp.) None
Lesser swinecress
(Lepidium didymum) None Western redbud (Cercis occidentalis) None Mexican feathergrass
(Nassella tenuissima) None
597

- Protected under other regulations (e.g., Migratory Bird Treaty Act). - California Department of Fish & Wildlife (CDFW) Species of Special Concern. - Listed as species of concern by CNPS or USFWS; and
- Receive consideration during environmental review under CEQA.

Below are listed all species from the Section 3.1 search results, including common and non-listed species. The analysis and following determination are based on Habitat Assessment results and the most recent occurrence and proximity to the Project site (Tables 1 & 2). • Present: Species known to occur on the site, based on CNDDB records, and/or were observed on the site during the field survey.
• High: Species known to occur on or near the site (based on CNDDB record within 5 miles), and/or there is suitable habitat on the site.
• Low: Species known to occur on or near the site (based on CNDDB record within 5 miles), but there is no suitable habitat onsite. Or potential habitat occurs onsite, but the species is not known to occur within 5 miles.
• None: The species is not known to occur within 5 miles of the site, and there is no suitable habitat on the site. OR—The Species was surveyed during the appropriate season with negative results.

Table 3. Potentially Occurring Listed Wildlife Species
Common/ Scientific
Name
Listing
Status
Fed/State/
Other
Habitat Requirements Potential for
Occurrence
Birds
Belding’s savannah
sparrow
(Passerculus
sandwichensis beldingi)
-/SE/BCC
MBTA
Inhabits coastal salt marshes,
from Santa Barbara south
through San Diego County. Nests
in Salicornia on and about
margins of tidal flats.

None: The species is not
known to occur within 5
miles of the site, and
there is no suitable
habitat on the site
Bullock’s oriole
(Icterus bullockii)
-/-/BCC
MBTA
Generally arid west, riparian or
streamside, woodlands in
cottonwood trees and other
hardwoods where they forage in
the outer branches.

None: The species is not
known to occur within 5
miles of the site, and
there is no suitable
habitat on the site
Burrowing owl
(Athene cunicularia)
-
/CCE/SSC
Subterranean nesters depend
upon burrowing mammals, most
notably the California ground
squirrel.

None: The species is not
known to occur within 5
miles of the site, and
there is no suitable
habitat on the site
598

Common/ Scientific
Name
Listing
Status
Fed/State/
Other
Habitat Requirements Potential for
Occurrence
California gull
(Larus californicus)
BCC,
MBTA
Breeds in colonies on islands and
levees in lakes and rivers. Often
found in pastures, scrublands,
and garbage dumps. Will forage
miles from the colony, eating
everything they can find from
mayflies to garbage.

Low: Species known to
occur on or near the site
(based on CNDDB
record within 5 miles),
but there is no suitable
habitat onsite. The
species has the
potential to occur as a
transient forager.

Lawrence’s goldfinch
(Carduelis lawrencei)
BCC,
MBTA
Oak-pine woods, chaparral.

Breeds locally in a variety of
habitats including streamside
trees, oak woodland, open pine
woods, pinyon-juniper woods,
chaparral
None: The species is not
known to occur within 5
miles of the site, and
there is no suitable
habitat on the site
Marbled godwit
(Limosa fedoa)
BCC,
MBTA
Shortgrass prairies near
wetlands.

None: The species is not
known to occur within 5
miles of the site, and
there is no suitable
habitat on the site
Northern harrier
(Circus hudsonius)
BCC,
MBTA
Prefers open habitats with large
tracts of contiguous grassland
and wetlands for nesting and
foraging.

None: Species is not
known to occur within 5
miles of the site and
there is no suitable
habitat on the site.

Nuttall’s woodpecker
(Dryobates nuttallii) MBTA
Wooded canyons and foothills,
river woods. In much of range
almost always around oaks,
especially where oaks meet
other trees along rivers, also in
pine-oak woods in foothills.

Present: The species
was present on the site
during the field survey.

Potential nest cavities
exist within the oak
trees surrounding the
project site.

Oak titmouse
(Baeolophus inornatus)
BCC,
MBTA
Woodland dominated by oaks,
riparian habitats and coast live
oak trees within, nests in tree
cavities
Low: Potential nest
cavities exist within the
valley oak trees
surrounding the project
site.

Santa Barbara Song
sparrow
(Melospiza melodia
graminea)
BCC,
MBTA
Prefers riparian, fresh or saline
emergent wetland, and wet
meadow habitats.

None: Species is not
known to occur within 5
miles of the site and
there is no suitable
habitat on the site.
599

Common/ Scientific
Name
Listing
Status
Fed/State/
Other
Habitat Requirements Potential for
Occurrence
Swainson's hawk
(Buteo swainsoni) -/CT/-
Nests in isolated trees or riparian
woodlands adjacent to suitable
foraging habitat (agricultural
fields, grasslands, etc.).

Low: The species is not
known to occur within 5
miles of the site, and
there is limited potential
nesting habitat onsite in
the form of large valley
oak trees.

Tricolored blackbird
(Agelaius tricolor) -/CT/SSC
Found in areas near water, such
as marshes, grasslands, and
wetlands. They require some sort
of substrate nearby to build
nests.

None: Species is not
known to occur within 5
miles of the site and
there is no suitable
habitat on the site.

Western yellow-billed
cuckoo
(Coccyzus americanus
occidentalis)
FT/CE/
MBTA
Woodlands near streams or
lakes, abandoned farmland, old
fruit orchards, successional
shrubland, and dense thickets.

Low: Species known to
occur on or near the site
(based on CNDDB
record within 5 miles),
but there is limited
fragmented suitable
woodland habitat
onsite.

Amphibians
California tiger
salamander
(Ambystoma californiense)

FT/ST/-
Grasslands, oak savannah
riparian woodlands and lower
elevations of coniferous forests,
ditches, vernal pools, and
wetlands.

None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

Western spadefoot
(Spea hammondii) FPT/-/SSC
Rivers with sandy banks, willows,
cottonwoods, and sycamores;
loose, gravelly areas of streams
in drier parts of range.

None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

Invertebrates
Crotch’s bumblebee
(Bombus crotchii)  -/CCE/-
Interior dunes, grasslands, and
shrublands, with food sources:
milkweeds, dusty maidens,
lupines, clovers, phacelias, sages,
clarkias, poppies, and wild
buckwheat.

Low: Species known to
occur on or near the site
(based on CNDDB
record within 5 miles),
but there is no suitable
nectar native wildflower
field habitat onsite.

Monarch butterfly
(Danaus plexippus) FC/-/-
Winter roost sites extend along
the coast from northern
Mendocino to Baja California,
Mexico. Roosts located in windprotected tree groves
(eucalyptus, Monterey pine,
None: No roosting,
foraging (nectarflowers) or reproductive
host plant habitat
(Milkweed, Asclepias
600

Common/ Scientific
Name
Listing
Status
Fed/State/
Other
Habitat Requirements Potential for
Occurrence
cypress), with nectar and water
sources nearby.
sp.) is present in the
Project Area.

Valley elderberry longhorn
beetle
(Desmocerus californicus
dimorphus)
-/FT/-
Occurs only in the Central Valley
of California, in association with
blue elderberry (Sambucus
mexicana), in riparian scrub
None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

Vernal pool fairy shrimp
(Branchinecta lynchi) -/FT/-
Endemic to the grasslands of the
Central Valley, Central Coast
mountains, and South Coast
mountains, in valley foothills
grasslands, vernal pools, and
wetlands.

None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

Vernal pool tadpole
shrimp
(Lepidurus packardi)
-/FE/-
Vernal pools, (hardpan, duripan,
or claypan), grassland. Pools
commonly found in grassbottomed or mud-bottomed
swales.

None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

Mammals
Buena Vista Lake Ornate
Shrew
(Sorex ornatus relictus)
-/FE/-
Preferred habitat is riparian, but
it can also be found in other
areas, including wetlands,
forests, scrublands, drier
grassland and desert scrub.

None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

San Joaquin kit fox
(Vulpes macrotis mutica) FE/SE/-
Arid flat grasslands, scrublands,
and alkali meadows with short
vegetation.

Low: Species known to
occur on or near the site
(based on CNDDB
record within 5 miles),
but there is no suitable
habitat onsite.

Tipton kangaroo rat
(Dipodomys nitratoides
nitratoides)

FE/SE/-
Arid and alkaline plains under
shrub and grass vegetation,
coastal scrub, open stages of
chaparral, and desert scrub
habitats, and in conifer
woodlands.

None: There is no
suitable habitat for this
species onsite. Possibly
Extirpated (CNDDB).

Reptiles
Blunt-nosed leopard lizard
(Gambelia sila) FE/SE
Semi-arid grasslands, alkali flats,
and washes, utilize shrubs and
small mammal burrows.

None: Species is not
known to occur within 5
miles of the site and
there is no suitable
habitat on the site.
601

Common/ Scientific
Name
Listing
Status
Fed/State/
Other
Habitat Requirements Potential for
Occurrence
Western pond turtle
(Actinemys marmorata) FPT/-/SSC
A thoroughly aquatic turtle of
ponds, marshes, rivers, streams,
and irrigation ditches, usually
with aquatic vegetation. Found
elevations below 6,000 feet.

Needs basking sites and suitable
upland habitat such as sandy
banks or grassy open field within

0.5 kilometers from water for
egg-laying.

Low: Species known to
occur on or near the site
(based on CNDDB
record within 5 miles),
but there is no suitable
pond habitat within the
Project area.
*Listing Status Notes:

Federal: State:

FE Federally listed Endangered CE State-listed Endangered FT Federally listed Threatened CT State-listed Threatened FCE Federal Candidate Endangered species CCE State Candidate Endangered species FCT Federal Candidate Threatened species CCT State Candidate Threatened species FPT Federal Proposed Threatened CR State Rare Species
FWL USFWS Watch list CA State Special Animal
BCC USFWS Bird of Conservation Concern FP CDFW Fully Protected Species BGEAC Bald and Golden Eagle Protection Act SSC CDFW Species of Special Concern MBTA Migratory Bird Treaty Act CWL CDFW Watch List
Table 4. Regionally Occurring Special-Status Plant Species Common/ Scientific
Name
Listing Status
Fed/CA/CNPS/
Bloom Period
Habitat Description
Habitat
Present/
Absent
Rationale
Alkali-sink goldfields
(Lasthenia chrysantha)
-/-/1B.1
Feb-May
Vernal pools, alkaline
soils. Found at elevations
between 0 - 655 feet.

Absent
There is no suitable
habitat for this
species on site.

Bitterscale
(Atriplex depressa)
1B.2/
Apr-Oct
Chenopod scrub, alkaline
soils/<1100 ft elevation Absent
There is no suitable
habitat for this
species on site.

California alkali grass
(Puccinellia simplex)
1B.2/
Mar-May
Chenopod scrub,
meadows, alkaline
flats/<2800 ft elevation
Absent
There is no suitable
habitat for this
species on site.

California jewelflower
(Caulanthus californicus)
FE/CE/1B.1/
Feb-May
Chenopod scrub, pinyonjuniper woodland, valley
and foothill grassland
Absent
There is no suitable
habitat for this
species on site.
602

Common/ Scientific
Name
Listing Status
Fed/CA/CNPS/
Bloom Period
Habitat Description
Habitat
Present/
Absent
Rationale
California satintail
(Imperata brevifolia)
2B.1/
Sep-May
Chaparral, Coastal scrub,
Mojavean desert scrub,
meadows and seeps
(often alkali), riparian
scrub
Absent
There is no suitable
habitat for this
species on site.

Earlimart orache
(Atriplex cordulata var.
erecticaulis)
-/-1B.2
Aug-Nov
Valley and foothill
grassland. Found at
elevations below
330 feet elevation
Absent
There is no suitable
habitat for this
species on site.

Ewan’s larkspur
(Delphinium hansenii
ssp. Ewanianum)
-/-4.2
Mar-May
Cismontane woodland
Valley and foothill
grassland/195 - 1970 ft
elevation
Absent
There is no suitable
habitat for this
species on site.

Heartscale
(Atriplex cordulata var.
cordulata)
1B.2/
Apr-Oct
Chenopod scrub, saline
or alkaline soils/ <230 ft
elevation
Absent
There is no suitable
habitat for this
species on site.

Hoover’s spurge
(Euphorbia hooveri)
1B.2/
June-Oct
Vernal pools/<800 ft
elevaiton Absent
There is no suitable
habitat for this
species on site.

Lesser saltscale
(Atriplex minuscula)
1B.1/
May-Oct
Chenopod scrub, alkaline
playa/<330 ft elevation Absent
There is no suitable
habitat for this
species on site.

Recurved larkspur
(Delphinium
recurvatum)
1B.2/
Mar-June
Cismontane woodland,
chenopod scrub, desert
scrub, alkaline
soils/100- 1,900 ft
elevation
Absent
There is no suitable
habitat for this
species on site.

Sanford’s arrowhead
(Sagittaria sanfordii)
-/-/1B.2
May-Nov
Marshes, ponds, ditches
and swamps (freshwater)
at elevations between 0 -
2135 feet
Absent
There is no suitable
habitat for this
species on site.

San Joaquin adobe
sunburst
(Pseudobahia peirsonii)
FT/CE/1B.1
Feb-Apr
An annual herb found in
cismontane woodland,
valley and foothill
grassland. Adobe or clay
microhabitat. Found at
elevations between 295
and 2,625 feet.

Absent
There is no suitable
habitat for this
species on site.

San Joaquin Orcutt grass
(Orcuttia inaequalis)
FT/CE/1B.1
Apr-Sep Vernal pools Absent
There is no suitable
habitat for this
species on site.
603

Common/ Scientific
Name
Listing Status
Fed/CA/CNPS/
Bloom Period
Habitat Description
Habitat
Present/
Absent
Rationale
Spiny- sepaled button
celery
(Eryngium
spinosepalum)
FT/1B.2/
Apr-June
Valley and foothill
grassland, vernal
pools/330-4,000 ft
elevation
Absent
There is no suitable
habitat for this
species on site.

Subtle orache
(Atriplex subtilis)
-/-/1B.2
May-Oct
Valley and foothill
grassland, often
on alkaline and
clay/<220 ft elevation.

Absent
There is no suitable
habitat for this
species on site.

Vernal barley poaceae
(Hordium intercedens)
-/-/3.2
May-Jun
Coastal dunes, Coastal
scrub, Valley and foothill
grassland (depressions,
saline flats), Vernal
pools/15-3,280 ft
elevation.

Absent
There is no suitable
habitat for this
species on site.

Vernal pool smallscale
(Atriplex persistens)
1B.2/
June-Oct
alkaline vernal
pools/<380 ft elevation Absent
There is no suitable
habitat for this
species on site.

Watson’s amaranth
(Amaranthus watsonii)
-/-/4.3/
Apr-Sept
Mojavean desert scrub
Sonoran desert scrub/65
- 5580 ft elevation.

Absent
There is no suitable
habitat for this
species on site.

Winter’s sunflower
(Helianthus winteri)
1B.2/
Jan-Dec
Openings in cismontane
woodland, valley and
foothill grassland/360-
7500 ft elevation
Absent
There is no suitable
habitat for this
species on site.
*Listing Status Notes:

Federal: FE Federally listed Endangered CRPR: California Native Plant Society Rare Plant Rank FT Federally listed Threatened 1A Considered extirpated in CA FC Federal Candidate Species 1B Rare, threatened, or endangered in CA and elsewhere 2 Rare, threatened, or endangered in CA but common elsewhere State: CE State Listed Endangered 4 Limited distribution (Watch-list) CT State-listed Threatened CRPR Extensions
CC State Candidate Species 0.1 Seriously endangered in California CR State Rare Species 0.2 Fairly endangered in California

0.3 Not very endangered in California
604

Figure 4. Map of CNDDB Occurrences
This map shows the closest and most recent special-status species locations from the California Natural Diversity Database (CNDDB). 605

5.1 Special-Status Wildlife Species Descriptions
This section describes identifiable physical characteristics and habitat requirements for special-status species identified in the Literature Review that may have potential to occur in the vicinity of the Project area. These species were considered for further analysis.

Bird Species
California gull (Larus californicus)
California gulls are listed as USFWS Birds of Conservation Concern. They breed in colonies on islands and levees in lakes and rivers. They are often found in pastures, scrublands, and garbage dumps while foraging miles from the colony, eating everything from mayflies to garbage. There is no suitable habitat for California gull in the vicinity of the project area.

Nuttall’s Woodpecker (Dryobates nuttallii)
Nuttall’s woodpecker is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions in the continental USA. They are a non-migratory species with a geographic range confined to northern California extending south towards the northwest region of Baja California, Mexico. Habitat includes wooded canyons, foothills, and river woods. There are almost always oaks in much of its range, especially where oaks meet other trees along rivers. This species nests in cavities of live or dead trees, usually cottonwood, willow, or sycamore, near oak woodlands. Sometimes nesting in utility poles or fence posts. Cavities are usually 3-35 feet above ground, sometimes up to 60 feet or higher. Males do most of the excavating, creating a new cavity every year.

Nuttall's woodpecker has black wings and tail feathers with white barring. On the ventral surface, the color is white, with black spots and bars. It has a black forehead with white streaks on the sides and an unbarred black region at the top of the back. Adult males have a distinguishable red crown which females do not. However, this physical feature is present in the juveniles of both sexes. They have zygodactyl feet and stiff tail feathers, which allow them to maintain a vertical position on trees, typical of woodpeckers.

This species was present during the site visit. Nesting habitat is present within the California life oak trees around the perimeter of the Project site and surrounding area. There was no CNDDB is record found for this species.

Oak Titmouse (Baeolophus inornatus)
Oak titmouse is listed as a USFWS Bird of Conservation Concern and a species under the Migratory Bird Treaty Act. This relatively common species is year-round resident throughout much of California including most of the coastal slope, Central Valley and western Sierra Nevada foothills. Its primary habitat is woodland dominated by oaks. Local populations have adapted to woodlands of pines or junipers in some areas. The oak titmouse nests in tree cavities, usually natural cavities or those excavated by woodpeckers, though they may partially excavate their own. Seeds and arboreal invertebrates make up the birds’ diet. 606

Oak titmouse was not observed during the Habitat Assessment. Suitable habitat was observed in the oak woodland around the Project site. However, no CNDDB record was found within 5 miles of the Project site for this species.

Swainson’s Hawk (Buteo swainsoni)
Swainson’s hawk is listed as threatened at the state level and is a listed species under the Migratory Bird Treaty Act. However, due to its common distribution throughout the country, it is not listed at the Federal level. This species favors open habitats for foraging, such as agricultural fields, pastures, and row crops. They nest in scattered stands of eucalyptus, willow, oak, cottonwood, and conifers. Swainson’s hawk will occasionally nest on a power pole or transmission tower. The location of Swainson’s hawk nests is typically on the tallest point in or near an open field, giving this species a full view of its foraging area while nesting.

Due to their late return to California for the breeding season, Swainson’s hawk often uses the same nests for serval breeding seasons and even generations. If a nest is constructed, it is usually built with loose bundles of sticks and debris quickly stacked together. They are also territorial of their nests and will dive bomb any other species attempting to use their nest. Red-tailed hawks and great horned owls, which overlap in habitat, are species known to use Swainson’s hawk nests. The incubation period for Swainson’s hawk is approximately 35 days, and the nesting period is 17 to 22 days. The breeding season for this species begins in March and ends in September.

Swainson’s hawk was not observed during the Habitat Assessment. Although there is suitable habitat for this species, no CNDDB record of it was found within 5 miles of the project site.

Western yellow-billed cuckoo (Coccyzus americanus occidentalis) Yellow-billed cuckoos have uniform grayish-brown plumage on their head and back, and dull white underparts. Their tails are long with two rows of four to six large white circles on the underside. The bill of yellow-billed cuckoos is short to medium in length and curved downward with a black upper mandible and a yellow or orange lower mandible. Yellow-billed cuckoos have zygodactylous feet, meaning that of the four toes, the middle two point forward and the outer two point backward.

Yellow-billed cuckoos prefer open woodlands with clearings and a dense shrub layer. They are often found in woodlands near streams, rivers or lakes. In North America, their preferred habitats include abandoned farmland, old fruit orchards, successional shrubland and dense thickets. In winter, yellowbilled cuckoos can be found in tropical habitats with similar structure, such as scrub forest and mangroves.

There were no signs of yellow-billed cuckoos at the time of the Habitat Assessment. There is no suitable habitat for this species within the vicinity of the Project Site. A search of CNDDB records indicate the nearest and most recent occurrence of yellow-billed cuckoos was mapped generally within the City of Visalia. A nest with three eggs was photographed in this vicinity in July 1919. Exact collection location unknown. The occurrence was mapped generally to a given locality. This is a historical occurrence, agriculture and development have eliminated habitat in this area. Due to urbanization of the surrounding area, lack of suitable habitat, and distance of other known occurrences from the site, occurrence of yellow-billed cuckoos within the vicinity of the proposed Project is unlikely to adversely affect populations of this species.
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Invertebrates Species
Crotch bumble bee (Bombus crotchii)
The Crotch bumblebee (CRBB) can be distinguished by its square-shaped face and rounded ankle on the midleg. Queens and workers (females) have a black head and face and display black color on their mid and bottom thorax and between their wing bases. The appearance of drones (males) varies slightly from queens and workers; drones display yellow hair on their faces, and a black stripe mid thorax. The front of the drone abdomen should have a yellow coloring, and the rest of their abdomen is expected to be predominantly black and red. Workers are active from April to August and queen bees are active for only two months from March until May.

Crotch’s bumblebee inhabits grasslands and shrublands and requires a hotter and drier environment than other bumblebee species. It is characterized as a short-tongued species and therefore prefers certain plant species as a food source including milkweeds, dusty maidens, lupines, medics, phacelias, sages, clarkias, poppies, and wild buckwheat.

There were no signs of Crotchs’ bumble bee during the Habitat Assessment. There is no suitable habitat for this species within the vicinity of the Project Site. A search of CNDDB records indicate the nearest and most recent occurrence of Crotch's mapped within the City of Visalia. One female queen was collected on 1 May 1954, and collections were also made in this vicinity on 29 July 1961. Due to agriculture and urbanization of the surrounding area, lack of suitable habitat, and distance of other known occurrences from the site, occurrence of Crotchs’ bumble bee within the vicinity of the project site, the proposed Project is unlikely to adversely affect populations of this species.

Mammal Species
San Joaquin Kit Fox (Vulpes macrotis mutica)
The San Joaquin kit fox is listed as Threatened at the Federal level and Endangered at the State level.

They are petite, light-colored canids, approximately 50 centimeters (20 inches) in length, with bushy, black-tipped tails, large ears, and pointed snouts.

San Joaquin kit fox is a desert-adapted species which occurs mainly in arid, flat grasslands, scrublands, and alkali meadows where the vegetation structure is relatively short. This species uses dens year-round and needs loose-textured soils suitable for burrowing. They primarily prey on kangaroo rats and other small rodents, as well as large insects and occasionally rabbits. A typical kit fox den is anywhere from four to 10 inches (25 cm) in diameter, and is taller than it is wide, often with a keyhole shape. Dens usually have dirt berms and matted vegetation adjacent to the entrances, and tracks and prey remains will normally be detected nearby. They may also utilize man-made structures such as pipes and culverts as dens.

There were no signs of San Joaquin kit fox at the time of the Habitat Assessment survey. Suitable habitat for this species is poor within the vicinity of the Project Site. A search of CNDDB records indicates the nearest and most recent occurrence of kit fox is approximately one mile away east from the Project site between 1972 and 1975. The occurrence was a roadkill about 3 miles southeast of Visalia, just west of the intersection of Oakdale (Caldwell) Ave and Cameron Creek. Due to agriculture and urbanization of the surrounding area, lack of suitable habitat, a lack of larger burrows that could represent denning 608

habitat observed onsite and the distance of other known occurrences from the site, the occurrence of San Joaquin kit fox within the vicinity of the proposed Project is unlikely. The proposed project is has a low potential to adversely impact populations of this species.

Reptile Species
Western Pond Turtle (Actinemys marmorata)
The western pond turtle is Proposed Threatened on the Federal level and is listed as a Species of Special Concern on the State level.  It is found throughout California west of the Pacific Crest, and along the Mojave River watershed, ranging from sea level to 4,500 feet (1,372 meters).  The western pond turtle’s diet consists of both plant material and invertebrates, any life forms found near water sources.  Mating typically occurs between April and May, but this species has been observed relocating to find new food sources or breeding locations between March and June.  This species requires basking sites and suitable upland habitat for egg-laying.

The habitat on the Project site is not suitable for western pond turtles as there are no ponds, basins, canals, or ditches present on the Project footprint. The nearest potential habitat is the Tulare irrigation Canal that runs along the southern border of the project boundary and there are no suitable sites for basking and other components of the species habitat requirements. The canal was dry at the time of the site visit. There were no signs of western pond turtles during the Habitat Assessment. There is no suitable habitat for this species within the vicinity of the Project Site. A search of CNDDB records indicate the nearest and most recent occurrence of western pond turtle was mapped generally within the city of Visalia. An observation was made in 1879. This is a historical occurrence, agriculture and development have eliminated habitat in this area. Due to agriculture and urbanization of the surrounding area, lack of suitable habitat, and distance of other known occurrences from the site, occurrence of western pond turtle within the vicinity of the project site, the proposed Project is unlikely to adversely affect populations of this species.

5.2 Special-Status Plant Species
All identified special-status plant species are unlikely to occur within the Project impact area because no natural vegetation communities are present, and the Project area lacks any native seed bank due to agriculture, urban development, and landscaping.

6. Findings
From the information gathered in the data records search and analysis of the habitat on site, the following eight special-status species were found to have low potential for occurrence within the vicinity of the Project impact area and were considered for further analysis. These special-status species include:
1 insect- Crotch’s bumblebee; 1 mammal- San Joaquin kit fox; 1 reptile- western pond turtle; and 5 Bird species- California gull, oak titmouse, Nuttall’s woodpecker, yellow-billed cuckoo, and Swainson’s hawk.

The Habitat Assessment determined there is no suitable habitat for Crotch’s bumblebee and western pond turtle or any listed plant species identified in the Literature Review, largely due to urbanization, agricultural practices, and the loss of native seed banks. 609

One species was present during the survey, Nuttall’s woodpecker (Picoides nuttallii), which is a USFWS Bird of Conservation Concern (BCC). There is no suitable nesting habitat within the project boundary, except for the valley oak trees around the perimeter, which are not required to be removed for the development of the Project. Several cavities were observed in the surrounding oak trees indicating Nuttall’s woodpecker may nest in these trees during the nesting season (February 15 – September 15).

This species constructs new cavities each year, so they are not likely to occupy these cavities outside the nesting season. No raptor nests were observed in the oak trees or on powerline poles. Although there are no CNDDB records of Swainson's hawk within 5 miles of the Project site, there is low-quality nesting and foraging habitat for Swainson's hawk and other nesting bird species in the surrounding area. Habitat is marginal due to current development in the immediate vicinity of the proposed Project site.

Due to habitat quality and proximity of historical occurrences, the San Joaquin kit fox has potential to disperse through the area. Although the most recent record of this species is from 2003, numerous historical records from the 1970s report this species in the area. There were no signs of San Joaquin kit fox occupancy during the habitat assessment, indicating low potential for occurrence.

No small mammal burrows were observed within the proposed Project site; however, a few burrows were present within the banks of the Tulare Irrigation Canal along the southern boundary and ruderal areas on the eastern boundary of the property. This irrigation canal is identified as a riverine feature in the National Wetland Inventory (NWI). The irrigation canal has a bare-ground bottom substrate and would not provide suitable habitat for any of the special-status aquatic species identified in the Literature Review.

Project Impacts
The proposed Project will not likely adversely impact native plant or wildlife species. Project activities would not result in the loss of nesting bird habitat because there is no suitable nesting habitat within the Project site, except for the Valley oak trees around the perimeter, which are not required to be removed for the project's development.

Nuttall’s woodpecker is a protected species listed under the USFWS BCC and MBTA, and present near the Project Site. This species, its nesting cavities, eggs, and young are protected under the MBTA. Active woodpecker nesting cavity should not be disturbed during project activities. Where feasible, avoidance and minimization measures should be employed. If minimization measures cannot be utilized, then avoidance measures should be implemented. If the take of a Nuttall’s woodpecker, its nesting cavity, egg, or young cannot be avoided, then a consultation with USFWS, application for a permit from USFWS or both may be needed to continue with the proposed project.

7. Conclusion
Based on an analysis of current habitat conditions in and near the Project area, the proposed development of the property is not likely to have any permanent impacts on the special-status species or associated habitats identified in this report. Through the implementation of appropriate avoidance and minimization measures, the proposed Project will not impact the Valley Oak woodland habitat surrounding the property and the associated nesting birds and special-status species that may occur. 610

8. Recommendations
During the assessment, one special-status wildlife species, Nuttall’s woodpecker (Picoides nuttallii), was observed in the Project area. The species is not threatened or endangered on the State or federal level but is listed as a USFWS Bird of Conservation Concern (BCC) because the population is declining.

Suitable habitat features on the project site included Valley Oak Woodland Habitat and other potential nesting bird habitats surrounding the site, including ornamental trees and shrubs, and utility poles.

In order to avoid impacts to nesting migratory birds and raptors, construction will commence outside the nesting season, prior to February 15. Soar Environmental Consulting, Inc. recommends that if any special status species are observed during construction activities, work be stopped immediately, and CDFW is contacted.

Nesting Bird and Raptor Avoidance and Minimization Measures (AMM) To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through September. If it is not possible to initiate construction between September and February, a pre-construction survey for nesting birds shall be conducted by a qualified biologist to ensure that no active nests will be disturbed during the implementation of the Project. A pre-construction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact areas. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction-free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.

Avoidance and minimization measures for woodpecker damage:
• If it doesn’t cause structural damage, remove or fill in ledges, cracks, and crevices near the site of the inactive woodpecker holes with non-toxic substances. • Cover inactive woodpecker holes with shiny aluminum flashing. Do not cover an existing nest. • Install statuette of their predators such as eagles or owls • Trees with woodpecker damage will be observed for woodpecker activity before each tree is removed.

Avoidance measures for active woodpecker cavity:
• No project activities in or near active woodpecker cavities during nesting season from February 15 to September 15.
• Work in other areas with no wildlife issues during nesting season. • Observe from a distance periodically to check woodpecker activity near the cavity. • Treat every cavity as if it is an active nest. Only a qualified biologist should be making the determination whether the cavity is inactive and if the area used by the woodpecker, is a nest. 611

9. Study Limitations
This Report has been prepared in accordance with generally accepted environmental methodologies and contains all the limitations inherent in these methodologies. The Report documents site conditions observed during field reconnaissance and do not apply to future conditions. No other warranties, expressed or implied, are made as to the professional services provided under the terms of our contract and included in this Report.
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Literature Cited
Audubon Guide to North American Birds. (2024). https://www.audubon.org BirdLife International (2025) Species factsheet: Nuttall's Woodpecker Dryobates nuttallii. Downloaded from https://datazone.birdlife.org/species/factsheet/nuttalls-woodpecker-dryobates-nuttallii on 20/01/2025.

Block, William M. (April 1991). "Foraging ecology of Nuttall's Woodpecker". The Auk. 108 (2): 303–317.

Calflora. (2024). Taxon Report. Retrieved from https://www.calflora.org California Native Plant Society. (2024). Rare Plant Inventory. https://rareplants.cnps.org Center for Biological Diversity. (2024). Retrieved from https://www.biologicaldiversity.org City of Visalia, Valley Oak Tree Ordinance. 2009. Retrieved from https://www.visalia.city/depts/parks_n_recreation/parks_n_urban_forestry/valley_oak_ordinance_. asp
eBird Database, Cornell University Lab of Ornithology. (2024). Retrieved from https://ebird.org Jenkins, J. M. (April 1979). "Foraging behavior of male and female Nuttall Woodpeckers Picoides nuttallii". The Auk (96): 418–420.

Lowther, Peter E. (2000). Nuttall's Woodpecker. Birds of North America Life Histories for the 21st Century No. 555. American Ornithologists' Union.

Miller, A.H.; C. Bock (May–June 1972). "Natural History of Nuttall Woodpecker at Hastings Reservation" (PDF). The Condor. 74 (3): 284–294. JSTOR 1366590.

National Audubon Society. (2024). Audubon. https://www.audubon.org Stephen Ward McCabe. University of California, Berkeley. The Jepson Herbarium. Vascular Plants of California. Thiede 2003 in Eggli (ed.) Illus Handbook Succulent Pls 6 (Crassulaceae):85--103. Springer. https://ucjeps.berkeley.edu/eflora/eflora
Holland, R. F. 1986. Preliminary descriptions of the terrestrial natural communities of California.

Nongame Heritage Program report. California Department of Fish and Game (Sacramento) U.S. Fish & Wildlife Service. (2024). Information for Planning and Consultation. https://ipac.ecosphere.fws.gov
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APPENDIX A:

Project Site Photographs
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Photo 1. View of Tulare Irrigation Canal on the southern boundary of the project area facing east.

Photo taken by Lucas Knox on December 13, 2024.

Photo 2. View of small mammal burrow on the eastern boundary of the project area facing southwest.

Photo taken by Lucas Knox on December 13, 2024.
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Photo 3. View of valley oak trees on the southern boundary of the project area facing southwest.

Photo taken by Lucas Knox on December 13, 2024.

Photo 4. View of valley oak trees on the southern boundary of the project area facing west.

Photo taken by Lucas Knox on December 13, 2024.
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Photo 5. View of vacant lot east of the northeast corner of the property on the eastern boundary of the project area facing east.

Photo taken by Lucas Knox on December 13, 2024.

Photo 6. View of site conditions and residence on the northeast boundary of the project area facing east.

Photo taken by Lucas Knox on December 13, 2024.
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Photo 7. View of vacant field and Caldwell Avenue on the northern boundary of the project area facing north.

Photo taken by Lucas Knox on December 13, 2024.

Photo 8. View of valley oak trees and site conditions on the eastern boundary of the project area facing south.

Photo taken by Lucas Knox on December 13, 2024.
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