REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: April 28, 2025
PROJECT PLANNER: Colleen A. Moreno, Assistant Planner
Phone: (559) 713-4031
Email: [email protected]
SUBJECT: Annexation No. 2024-05: 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.
Blankenship Tentative Subdivision Map No. 5602: A request by San Joaquin Valley Homes to subdivide two parcels totaling 62.53 acres into 203 lots for single- family residential use, the site is 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 within the project site zoned for commercial use is not part of this project and is a remainder.
Location: The site is located on the southeast corner of South Santa Fe Street and East Caldwell Avenue (APNs: 123-400-005 and 123-400-001).
STAFF RECOMMENDATION
Annexation No. 2024-05
Staff recommends that the Planning Commission recommend that City Council approve Annexation No. 2024-05, as conditioned, based on the findings and conditions in Resolution No. 2024-77.
Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan.
Tentative Subdivision Map No. 5602
Staff recommends approval of Tentative Subdivision Map No. 5602, as conditioned, based upon the findings and conditions in Resolution No. 2024-76. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning and Subdivision Ordinance.
RECOMMENDED MOTION
I move to recommend approval of Annexation No. 2024-05, based on the findings and conditions in Resolution No. 2024-77.
I move to approve Blankenship Tentative Subdivision Map No. 5602, based on the findings and conditions in Resolution No. 2024-76.
PROJECT DESCRIPTION
The applicant, San Joaquin Valley Homes, has filed two entitlement applications, one for the annexation of two parcels totaling 62.53 acres and the second for a tentative subdivision map for 203 single-family residential lots.
Annexation No. 2024-05 is a
request to annex 62.53 acres
located outside of the city
limits, in the Tier II Urban
Development Boundary
(Exhibit “A”). Upon
annexation, the Zoning
designations for the project
area will include
approximately 7.04 acres
zoned C-MU (Mixed Use
Commercial) and
approximately 55.49 acres
zoned R-1-5 (Single-Family
Residential, 5,000 sq. ft.
minimum site area), which is
consistent with the underlying
General Plan land use
designation. The area zoned
for commercial use is not part of this project submittal and will not be developed at this time.
The Blankenship Tentative Subdivision Map No. 5602 is a request to subdivide the annexed 55.49 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 (Exhibit “B”), 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.
The proposed subdivision is located on the southeast corner of South Santa Fe Street and East Caldwell Avenue and is bounded by South Santa Fe Street on the west and South Burke Street on the east. The project also includes construction of streets, extension of sewer lines and sewer laterals, connection to the storm drainage system and extension of other utilities and services (e.g. electricity, gas, water, etc.). Additional major street improvements include the widening of the Santa Fe roadway, improvements along Caldwell Avenue including curb, gutter and sidewalk, as well as completing remaining frontage improvements, along Burke Street.
BACKGROUND INFORMATION
RELATED PROJECTS
None.
ADJACENT PROJECTS
Diamond Oaks Subdivision was a request to subdivide 55.9 acres of R-1-6 zoned property into a 180-lot Planned Residential Development (PRD). The PRD consisted of 168 single-family residential lots, 12 multi-family lots and six out-lots for the purpose of Landscaping and Lighting Lots. The project included the construction of 168 single-family residential homes, the construction of eight triplex units (24 total units) on eight lots, and the future construction of a large multi-family development on the remaining four lots abutting Caldwell Avenue. DR Horton is currently developing the single-family residential homes. The subdivision was approved by the Planning Commission on September 23, 2013.
PROJECT EVALUATION
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan. Specifically, Annexation No. 2024-05 will facilitate a new community on a 55.49-acre site in a manner that is consistent with the General Plan land use designations that exist within the project site and will complement existing development to the north, east, and west.
Furthermore, staff recommends approval of the Blankenship Tentative Subdivision Map No. 5602, as conditioned, based on the project’s consistency with the Land Use Element of the Visalia General Plan, Housing Element, Housing Accountability Act (Government Code section 65589.5), Zoning, and Subdivision Ordinances. The subdivision map proposes to develop a parcel of land that is designated for residential development at a density prescribed in the 2030 Visalia General Plan.
General Plan Land Use Designation: Mixed Use Commercial / Residential Low Density Zoning: County Zoning – Outside of the City limits
Zoning Upon Annexation: C-MU (Mixed Use Commercial) & R-1-5 (Single-Family Residential 5,000 sq. ft. min. site area)
Surrounding Zoning and Land Use: North: C-MU (Mixed Use Commercial) & R-M-3 (Multi-Family, 1,200 sq. ft. min. site area) /
Vacant Parcel
South: X (County) – Outside of City limits
East: R-1-5 (Single-Family Residential 5,000 sq. ft.
min. site area) / Diamond Oaks Subdivision
West: C-MU (Mixed Use Commercial) / Commercial
business, mini-storage
Environmental Review: Mitigated Negative Declaration No. 2024-63 Special Districts: None
Site Plan Review: SPR No. 2024-177-1
Annexation No. 2024-05
The applicant has filed an application to initiate the annexation of two parcels totaling 62.53 acres (Annexation No. 2024-05) to facilitate the development of the 203-lot subdivision. This is required in order to annex the project site into the City’s land use jurisdiction. 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. Staff has included this requirement as Condition No. 2 of Annexation No. 2024-05.
General Plan Consistency
The proposed 203-lot single-family residential subdivision 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 Plan Policy.
Furthermore, the annexation and development of the subdivision allows for “balanced growth amongst Visalia’s four quadrants,” which is a longstanding “tenet of the city’s approach to land use planning.” Per the General Plan, “the quadrant that sees that highest percentage of development is the Northwest, owing to several new neighborhoods and buildout of the Industrial Park.
Development of the Southeast quadrant, where this project is located at, should “develop in roughly equal proportion in the Second and Third Tiers” (General Plan, pg. 2-28).
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.
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. This area of the project site is part of a larger project, the Avenue 280 corridor widening project sponsored by the City of Visalia, Tulare County Association of Governments (TCAG), the County of Tulare, the City of Farmersville, and the City of Exeter1. The project aims to upgrade existing pavement to carry increased traffic loads as well as median islands to improve safety. When completed, the Avenue 280 project will provide a four-lane divided roadway from State Route 99 to the City of Exeter.
The Site Plan Review comments for this project are attached and conditioned as part of the project which notes the above requirements of improvements.
Development Standards
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
Infrastructure Improvements (Storm Drainage & Sanitary Sewer) Water Service
Staff has included Condition No. 3 that requires a valid Will Serve letter from the California Water Service Company.
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.
Sanitary Sewer
The project will have to connect to the existing sanitary sewer main located on South Santa Fe Street.
The Site Plan Review comments relating to storm drainage and sanitary sewer are attached and conditioned as part of the project which note the above requirements as well as subjecting the site to ongoing analysis and update of the City’s Storm Drain and Sewer master plans. 1 City of Visalia - Caldwell Improvement Project
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. The pocket park will be located along the Tulare Irrigation Canal, that is along the south of the project site with a required setback of 18-ft (15-ft minimum) from top of ditch of the Tulare Irrigation District. The outlot areas (A – F) are located along the perimeter of the subdivision along South Santa Fe Street and South Burke Street within the subdivision. City standard block walls shall be required along the major street frontages (South Santa Fe Street, East Caldwell Avenue and South Burke Street). The block wall height shall be reduced to three feet where the block wall runs adjacent to the front yard setback along the front yard areas of the adjoining residential lots (Lots 8, 9, 17, 18, 36, 68, 153, 166, and 167). Staff has included Condition No. 4 regarding the LLD for the above-mentioned areas 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 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 along the perimeter of the site. 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. Staff has added this as Condition No. 5 of the Blankenship Tentative Subdivision Map.
Agricultural Land Preservation Program Ordinance (VMC Chapter 18) The 62.53-acre project site 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 Agricultural Preservation Ordinance (APO) was effective, 30 days after ordinance adoption on May 15, 2023. The adoption of the ordinance is a necessary step for projects located within the Tier II growth boundary to move forward with development. The purpose and intent of the ordinance is to implement the goals of the City of Visalia General Plan and address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program. In addition, the ordinance established a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions on this 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.
Housing Accountability Act (Government Code section 66589.5) The Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable general plan, zoning, and subdivision standards, including design review, if they were in effect at the time that the housing development application was deemed complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and that there is no feasible way to mitigate or avoid the impact.
The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and single-family residential development standards. The lots proposed for the Blankenship Subdivision meet density standards for the Low-Density Residential land use designation and will be compatible with surrounding developed residential areas. Furthermore, the subdivision will continue the development of the local street to the east, South Burke, which facilitates street connectivity within the neighboring subdivision (Diamond Oaks).
Subdivision Map Act Findings
California Government Code Section 66474 lists seven findings for which a legislative body of a city or county shall deny approval of a tentative map if it is able to make any of these findings. These seven “negative” findings have come to light through a recent California Court of Appeal decision (Spring Valley Association v. City of Victorville) that has clarified the scope of findings that a city or county must make when approving a tentative map under the California Subdivision Map Act.
Staff has reviewed the seven findings for a cause of denial and finds that all findings can be made for approving the project. The seven findings and staff’s analysis are below. Recommended findings in response to this Government Code section are included in the recommended findings for the approval of the tentative subdivision map.
GC Section 66474 Finding Analysis
(a) That the proposed map is not consistent with
applicable general and specific plans as specified in
Section 65451.
The proposed maps have been found to be
consistent with the City’s General Plan. This is
included as recommended Finding No. 1 of the
Tentative Subdivision Map. There are no specific
plans applicable to the proposed map.
(b) That the design or improvement of the proposed
subdivision is not consistent with applicable general
and specific plans.
The proposed design and improvement of the map
has been found to be consistent with the City’s
General Plan. This is included as recommended
Finding No. 1 of the Tentative Subdivision Map.
There are no specific plans applicable to the
proposed map.
(c) That the site is not physically suitable for the type of development.
The site is physically suitable for the proposed map
and its affiliated development plan, subject to City
Council approval of the General Plan for the
proposed Low Density Residential land use
designation. This is included as recommended
Finding No. 3 of the Tentative Subdivision Map.
(d) That the site is not physically suitable for the The site is physically suitable for the proposed map proposed density of development. and its affiliated development plan, which is designated as Low Density Residential and
developed at a density of 3.65 units per acre. This is
included as recommended Finding No. 4 of the
Tentative Subdivision Map.
(e) That the design of the subdivision or the proposed
improvements are likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The proposed design and improvement of the map
has not been found likely to cause environmental
damage or substantially and avoidable injure fish or
wildlife or their habitat. This finding is further
supported by the project’s determination of no new
effects under the Guidelines for the Implementation
of the California Environmental Quality Act (CEQA),
included as recommended Finding No. 6 of the
Tentative Subdivision Map.
(f) That the design of the subdivision or type of
improvements is likely to cause serious public health
problems.
The proposed design of the map has been found to
not cause serious public health problems. This is
included as recommended Finding No. 2 of the
Tentative Subdivision Map.
(g) That the design of the subdivision or the type of
improvements will conflict with easements, acquired
by the public at large, for access through or use of
property within the proposed subdivision.
The proposed design of the map does not conflict
with any existing or proposed easements located on
or adjacent to the subject property. This is included
as recommended Finding No. 5 of the Tentative
Subdivision Map.
Environmental Review
An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA). The Initial Study / Mitigated Negative Declaration No. 2024-63 (SCH 2025040063) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following:
• The Biological Habitat Assessment prepared by Soar Environmental Consulting provided four (4) mitigation measures pertaining to Biological Resources to reduce impacts to Nuttall’s Woodpecker.
o The Nuttall’s Woodpecker (a species located on site) is a species listed as a United States Fish and Wildlife Services (USFWS) Bird of Conservation Concern (BCC). This species was found during a site assessment of the project site nesting within oak tress located along the perimeter of the project site and in utility poles and shrubs.
Additionally, the City received one comment letter in response to the Initial Study / Mitigated Negative Declaration circulated for this project. This letter was shared with the project applicant. The letter was received from the Department of Toxic Substances Control (DTSC) and is included with the Initial Study / Mitigated Negative Declaration. This letter was provided to the applicant. In addition, no structures, mixing/loading/storage, drainage ditches, farmhouses, outbuildings, smudge pots, or any other chemical of concerns were identified on the site. To further address the comments raised in DTSC’s letter the following Condition No. 7 of the Blankenship Tentative Subdivision Map is incorporated in the project’s conditions of approval as follows:
a. That prior to site disturbance, the developer/homebuilder will consult with an appropriately licensed (CA-registered) individual or agency on recommendation for obtaining soil samples to test for OCP’s and arsenic. If suggested to be performed, developer/homebuilder shall have an appropriately licensed (CA-registered) individual or agency perform the soil sampling per DTSC’s Preliminary Endangerment Assessment Guidance Manual. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and an appropriately licensed (CA-registered) individual or agency that details the required direction/recommendation on soil samples to test for OCP’s and arsenic. b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs) and reference the DTSC Information Advisory Clean Imported Fill Material Fact Sheet.
Based on the letter and the inclusion of the two additional project conditions as noted above, the City concludes that the findings and conclusions of the Initial Study / Mitigated Negative Declaration are still applicable. No other formal comments were received as of the publication of this report.
RECOMMENDED FINDINGS
Annexation No. 2024-05
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 62.53 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.
Blankenship Tentative Subdivision Map No. 5602
1. That the proposed location and layout of the Blankenship Subdivision Map No. 5602 its improvement and design, and the conditions under which it will be maintained is consistent with the policies and intent of the General Plan and Zoning Ordinance and Subdivision Ordinance.
The 62.53-acre project site, which is the site of the proposed 203-lot single-family residential subdivision and a remaining 7.04-acre mixed use commercial lot, is consistent with Land Use Policy LU-P-19 of the General Plan. Policy LU-P-19 states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”
2. That the proposed Blankenship Tentative Subdivision Map No. 5602, its improvement and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent land uses.
3. That the site is physically suitable for the proposed tentative subdivision map. The Blankenship Subdivision Map No. 5606 is consistent with the intent of the General Plan and Zoning Ordinance and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision establishes a local street pattern that will serve the subject site.
4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the underlying Low Density Residential and Mixed Use Commercial General Plan Land Use Designation. The proposed location and layout of the Blankenship Tentative Subdivision Map No. 5602, its improvement and design, and the conditions under which it will be maintained is consistent with the policies and intent of the General Plan and Zoning Ordinance and Subdivision Ordinance. The 62.53-acre project site, which is the site of the proposed 203-lot single-family residential subdivision and remaining 7.04- acre mixed use commercial lot, is consistent with Land Use Policy LU-P-19 of the General Plan.
Policy LU-P-19 states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”
5. That the proposed Blankenship Tentative Subdivision Map No. 5606, the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 203-lot single-family residential subdivision and remaining 7.04-acre lot is designed to comply with the City’s Engineering Improvement Standards. The development of the site with a 203-lot single- family residential subdivision and remaining 7.04-acre mixed use commercial lot would extend local streets, infrastructure improvements, utilities, right-of-way improvements and a residential lot pattern consistent with existing residential development found in the surrounding area. The project will include the construction of local streets within the subdivision, frontage street improvements along East Caldwell Avenue.
6. 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.
RECOMMENDED CONDITIONS
Annexation No. 2024-05
1. Upon annexation, the territory shall be zoned R-1-5 (Single-Family Residential, 5,000 minimum square foot site area) and C-MU (Mixed Use Commercial) consistent with the pre-zoning designated by the General Plan Land Use Map.
2. 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. 2024-77. The agreement is subject to final approval by the City Council of the City of Visalia.
Tentative Subdivision Map No. 5602
1. That the project be developed consistent with the comments and conditions of the Site Plan Review No. 2024-177-1.
2. That the project shall be developed and maintained in substantial compliance with the site plan in Exhibit A, unless otherwise specified in the conditions of approval.
3. That prior to development, of the subdivision the applicant/developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.
4. That a Landscape and Lighting District be established for the long-term maintenance of local roads, street lighting, block walls, pocket park, and any additional outlots and areas for public use. This includes the transition to three-foot height block walls within the 15-ft front yard setback areas if adjoining lots within the subdivision (Lots 8, 9, 17, 18, 36, 68, 153, 166, and 167).
5. That any oak trees located within or along the perimeter of the project site shall comply with the Oak Tree Preservation Ordinance of the Visalia Municipal Code (Chapter 12).
6. That the developer shall inform and have future homeowners of the Blankenship subdivision sign and acknowledge the “Right to Farm” Act. This informs future residential owners that the surrounding farming operations are protected and cannot be declared a nuisance if operating in a manner consistent with proper and accepted customs and standards.
7. That the Mitigation Monitoring and Reporting Program and its mitigation measures adopted with the Initial Study / Mitigated Negative Declaration No. 2024-63 (State Clearinghouse 2025040063) and all conditions of the Blankenship Tentative Subdivision Map No. 5602, including the following conditions in response to DTSC’s comment letter be met during construction and upon final occupancy and ongoing operation of the project:
a. That prior to site disturbance, the developer/homebuilder will consult with Soar Environmental on recommendation for obtaining soil samples to test for OCP’s and arsenic. If suggested to be performed, developer/homebuilder shall have Soar Environmental perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and Soar Environmental that details the required direction/recommendation on soil samples to test for OCP’s and arsenic. b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).
8. That approval of the Blankenship Tentative Subdivision Map No. 5602 shall not become effective unless Annexation No. 2024-05, placing the project site within the corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO) and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2024-05.
9. That the setbacks for the single-family residential lots shall comply with the R-1-5 (Single-Family Residential 5,000 sq. ft. min. site area) zone district standards for the front, side, street side yard, and rear yard setbacks.
10.That all applicable federal, state, regional, and city policies and ordinances be met.
APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 N. Santa Fe Street Visalia California. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.
Attachments:
• Related Plans and Policies
• Resolution No. 2024-77 – Annexation No. 2024-05
• Resolution No. 2024-76 – Tentative Subdivision Map No. 5602 • Exhibit "A" – Annexation Exhibit
• Exhibit "B" – Tentative Subdivision Map Site Plan & Phasing Plan • Exhibit “C” – Park Concept
• Site Plan Review Comments No. 2024-177-1
• Mitigated Negative Declaration No. 2024-63 and DTSC Comments • Biological Habitat Assessment
• Cultural Resources Assessment
• General Plan Land Use Map
• Zoning Map
• Aerial Maps
• Vicinity Map
Minimum
Lot Area Front Side Street Side Rear
5,000 sq.
ft.
15-ft. to habitable
space. 22-ft. to
garage, except on
curvilinear lots 20-
ft. to garage.
5-ft. 10-ft.
25-ft. City standard rear yard
setbacks are 25 feet with allowance
for one-story structure to go to 20-
feet subject to open space
requirements.
RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:
General Plan Land Use Policies:
LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy. The General Plan Land Use Diagram establishes three growth rings to accommodate estimated City population for the years 2020 and 2030. The Urban Development Boundary I (UDB I) shares its boundaries with the 2012 city limits. The Urban Development Boundary II (UDB II) defines the urbanizable area within which a full range of urban services will need to be extended in the first phase of anticipated growth with a target buildout population of 178,000. The Urban Growth Boundary (UGB) defines full buildout of the General Plan with a target buildout population of 210,000. Each growth ring enables the City to expand in all four quadrants, reinforcing a concentric growth pattern.
LU-P-21: Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) and the Urban Growth Boundary (Tier III) consistent with the City’s Land Use Diagram, according to the following phasing thresholds:
• “Tier II”: Tier II supports a target buildout population of approximately 178,000. The expansion criteria for land in Tier II is that land would only become available for development when building permits have been issued in Tier I at the following levels, starting from April 1, 2010:
Residential: after permits for 5,850 housing units have been issued; and Commercial: after permits for 480,000 square feet of commercial space on designated Commercial Mixed Use, Downtown Mixed Use, Office, and Service Commercial land have been issued.
Regional Retail: New Regional Retail areas in the Tier II Growth Boundary shall be eligible for urban development upon satisfactory demonstration that the following criteria have been met:
1.Existing Regional Retail Commercial zoned land south of Caldwell Avenue. that was undeveloped as of the date of adoption of the General Plan has received at least 922,383sq.ft. of commercial building permits [formula: 121 acres @43,560sq. ft. per gross acre = 5,270,760sq.ft. x .25 (assumed FAR for Regional Retail development) x
0.7 (recommended flex factor)]
2.The uses and tenants proposed for the area will substantially further the community’s goal of providing high level regional retail goods and services.
3.That there is sufficient roadway capacity and adequate public facilities and infrastructure to accommodate the proposed development.
The regional retail zone classification shall provide for permitted and conditional uses that are of a regional draw only. Uses that are not exclusively of a regional draw may be allowed where a finding is made that such uses are ancillary or associated with the regional uses.
Uses of a neighborhood or convenience level draw only shall not be permitted. o “Tier III”: Tier III comprises full buildout of the General Plan. The expansion criteria for land in Tier III is that land would only become available for development when building permits have been issued in Tier I and Tier II at the following levels, starting from April 1, 2010:
Residential: after permits for 12,800 housing units have been issued.
Commercial: after permits for 960,000 square feet of commercial space space on designated Commercial Mixed Use, Downtown Mixed Use, Office, and Service Commercial land have been issued; and
Industrial: after permits for 2,800,000 square feet of commercial space space on designated Industrial, Light Industrial, and Business Research Park land have been issued.
Chapter 17.12
SINGLE-FAMILY RESIDENTIAL ZONE
17.12.010 Purpose and intent.
In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one-family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.
17.12.015 Applicability.
The requirements in this chapter shall apply to all property within R-1 zone districts.
17.12.050 Site area.
The minimum site area shall be as follows:
Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:
Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way.
17.12.060 One dwelling unit per site.
In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J).
17.12.080 Front yard.
A. The minimum front yard shall be as follows:
Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front- loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.
R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.
C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages.
17.12.090 Side yards.
A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.
B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.
C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.
D. On corner lots, all front-loading garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.
E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review committee.
F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots. This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.
17.12.100 Rear yard.
In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:
A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.
B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.
C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.
17.12.110 Height of structures.
In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).
17.12.120 Off-street parking.
In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34.
17.12.130 Fences, walls and hedges.
In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section
17.36.030.
Chapter 12.24
OAK TREE PRESERVATION
Article 1. Purpose and Definitions
12.24.010 Purpose.
A. In order to promote the public health, safety and general welfare, to enhance the beauty of Visalia and to complement and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing individual rights to develop private property, the city council finds it necessary to establish basic standards, measures and compliance requirements for the preservation and protection of native Valley oak trees and landmark trees.
B. The provisions of this chapter are enacted to:
1. Enhance natural scenic beauty;
2. Assist in the overall goal of preservation, maintenance and regeneration of a healthy urban forest and tree cover;
3. Promote the conservation of energy resources and regulation of temperature through the provision of shade, evaporative cooling and wind break provided by trees;
4. Improve the quality of air, water, and soil resources;
5. Sustain and enhance property values;
6. Promote the well-being of the community;
7. Provide for recreational settings, wildlife habitat, and ecological balance;
8. Provide for safety through responsible and safe standards for the trimming and/or removal of oak trees;
9. Promote Visalia's unique identity. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.020 Definitions.
As used in this chapter, the following terms are defined in this section:
“City Manager” means the city manager of the city or his or here designated representative. "Crown-drip-line" means the outer perimeter of an oak tree's canopy. "Oak tree" means Valley Oak Tree (Quercus lobata). "Oak tree" may also mean a "landmark tree." "Landmark tree" means any native or non-native tree recognized by city council resolution for its age, size, location, outstanding habitat value, superior beauty, historical, and/or cultural significance. "Person" means individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors, and other agents and employees. "Pruning standards" means those pruning standards established by the Western Chapter of the International Society of Arboriculture dated 1995, as revised by the Society from time to time, and as amended by this chapter.
(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 2003-07 § 1, 2003; Ord. 9907 § 2 (part), 1999) Article 2. Destruction Prohibition - Removal Permit Requirements
12.24.025 Willful destruction of oak trees prohibited.
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 of this Chapter, or as designated in a notice to prune an oak tree that satisfies of YPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-28711" \l "JD_Title12Ch.12.24Art.3"Article 3 of this Chapter. As used in this section, the term "damage" shall include the pruning of an oak tree in a manner that is inconsistent with the pruning standards as established by section 12.24.070. (Ord. 2007-02 § 2 (part), 2007)
12.24.030 Oak tree removal permit required.
A. Any person desiring to destroy or remove an oak tree with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (also referred to as "18 inches Diameter Breast Height (D.B.H.)") on private or public property must first 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 or their designee. The application shall contain the number, size and location of the oak trees and a brief statement of the reason of the requested action.
B. Within five calendar days of receipt of such application, the city manager or their designee shall post a notice on the subject tree, in a manner reasonably intended to inform the general public, stating that an application for removal of the tree has been filed and is pending with the city manager or their designee.
Within fourteen calendar days of receipt of such application, the city manager or their designee shall inspect the premises whereon such oak trees are located, and shall issue an intended decision in writing as to whether or not the application will be approved, and if so, what mitigation shall be required as a condition to approval, consistent with Section 12.24.035 below; provided, however, that failure to render an intended decision within such period shall not be deemed approval.
C. The city manager or their designee shall not grant a removal permit unless one of three findings enumerated in Section 12.24.035 can be made based on substantial evidence and, where necessary, expert advice of a certified arborist. The applicant may submit his or her own supporting material, including a report of an independent certified arborist, for consideration by the city manager. However, the city manager or their designee shall retain the discretion for determining the weight and value to be given to such independent reports.
D. Upon determination that one of the three findings enumerated in Section 12.24.035 can be met and a removal permit may be granted, the city manager or their designee shall establish mitigation requirements in a manner consistent with the policy to be developed and implemented pursuant to Section 12.24.037. No mitigation shall be required for oak trees removed pursuant to subsections A. or C. of section 12.24.035, unless the city manager or their designee determines that the applicant's negligence or willful conduct contributed to the decline of the health of the oak tree. The mitigation requirements established by the city manager or their designee shall attach to the permit as conditions, and shall be enforceable as a lien against the applicant's real property. In no event shall the availability of mitigation measures, or the willingness of the applicant to agree to such measures, be a factor in determining whether removal of the tree is warranted. (Ord. 2021- 03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.035 Removal standards.
No removal permit shall be granted pursuant to section 12.24.030 of this Chapter unless the city manager determines that substantial evidence supports one of the following three findings:
A. The general health of the oak tree warrants removal. A removal permit may be granted based on the health of the tree only if one of the following tests can be satisfied:
1. The oak tree is in danger of falling or is deemed to be structurally unsound, according to generally accepted arboricultural standards, and is in proximity to existing or proposed structures; or
2. The oak tree is a host for plant, pest, or disease endangering other species of trees or plants with infection or infestations.
3. Protection of pre-existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property.
4. The oak tree is causing damage to a dwelling, building or structure, including foundational support for same, and/or damaging the essential utilities servicing the dwelling, building or structure. A professional evaluation by a certified arborist, licensed plumber, landscape architect or structural engineer detailing the damage being caused shall be required as part of the application for removal permit identified in Section 12.24.030.
B. Removal of the oak tree is necessary to allow construction of new improvements or the repair or protection of pre-existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property. The city manager shall apply the following factors in determining the necessity of removal of an oak tree for purposes of this subsection:
1. The size and age of the oak tree to be removed, and its historic, aesthetic or cultural value; a larger, older and more historically, aesthetically, or culturally valuable tree may be removed only if each of the other factors weigh heavily in favor of removal.
2. The necessity of the removal of the oak tree for new construction or expansion of existing improvements.
3. The lack of any reasonable alternative to the proposed improvement that does not require removal of the oak tree. The availability of funds from the Oak Tree Maintenance Fund to assist the property owner in repairing or reconfiguring improvements in a manner to save an oak tree should be taken into account in determining whether reasonable alternatives to removal exist such that a permit on this grounds should not be granted.
C. Urban forestry or land management practices warrant removal of the oak tree. An oak tree may be removed based on urban forestry or land management practices if one of the following conditions exist:
1. Removal of the oak tree will substantially benefit the topography of the land and the soil retention, water retention, and diversion or increased flow of surface waters.
2. Removal of the oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.
3. Removal of the oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
4. The property owner proposing to remove the tree can establish by adequate proof that the subject tree did not exist prior to the current owner's purchase of the property; this provision shall only apply to trees with a DBH of six (6) inches or less.
(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007)
12.24.037 Mitigation requirements.
In recognition and furtherance of the purposes of this Chapter, as enumerated in Section 12.24.010, it is the policy of the City of Visalia that property owners who are granted a permit to remove an oak tree pursuant to Subparagraph B. of section 12.24.035 offset the loss of the oak tree by either replacing the oak tree removed with new oak trees on the same property (in-kind mitigation) or by paying mitigation fees intended to be used for the establishment of new oak trees on other property or on public property for the benefit of the general public (in-lieu mitigation). In furtherance of this policy, the city manager shall develop an Oak Tree Mitigation Policy establishing in-kind and in-lieu mitigation measures to be required for oak tree removals. The Oak Tree Mitigation Policy, and any subsequent amendment thereto, shall be submitted to the city council for approval by resolution. (Ord. 2007-02 § 2 (part), 2007)
12.24.040 Notice of action and appeals.
A. Notice of the city manager’s intended decision on a permit application submitted pursuant to section 12.24.030 shall be given by personal delivery or first class mail to the applicant and to any person filing a written request with the city manager for notice of all permit approvals under this ordinance. Further, notice of the intended decision shall be posted on the subject tree in a manner reasonably intend to inform the general public of the decision, and the right to appeal.
B. Any person aggrieved or affected by the city manager’s intended decision, or any member of the city council, may appeal the intended decision to the city council by filing a written notice of appeal with the city clerk within ten business days, excluding weekends and holidays, after the delivery or mailing of the notice.
Any such notice of appeal shall be accompanied by an appeal fee in the amount specified by the city council.
C. If no appeal is filed within such time, the city manager shall promptly implement the intended decision by denying or issuing the permit, with or without conditions. An appeal automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the city council. (A member of the city council shall be exempt from the requirement of an appeal fee).
D. The city clerk shall place all such appeals on the agenda of the next regular council meeting and shall give notice to the applicant and/or appellant. The city council shall consider and decide all issues raised in the appeal, and the decision of the council shall be final. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.050 Emergencies.
A. In the case of emergency caused by the dangerous condition of an oak tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the city manager or any on-duty public works or public safety personnel.
B. Public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California may also take such action as may be necessary to maintain a safe operation for their facilities. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
Article 3. Pruning Standards and Requirements
12.24.060 Pruning notice required
A. Except in cases of emergencies as described in Section 12.24.050, no person shall prune or cause to be pruned any oak tree with a trunk diameter of ten (10) inches or greater at a point 4.5 feet above the root crown (also referred to as "10 inches Diameter Breast Height (D.B.H.)") within the city without first submitting a completed oak tree intent to prune notice with the city manager, as provided herein.
B. The notice shall be delivered to the city manager prior to the start of the work to be performed.
C. The notice shall be in a form as provided by the city manager and shall include the following information:
1. The name, address and telephone number of the property owner.
2. The name, address and telephone number of the person(s) intending to prune the tree.
3. The date(s) of the pruning.
4. A description of the tree(s) to be pruned including the approximate size and location of the tree with sufficient specificity to enable the city manager to precisely locate and identify the subject tree(s).
5. If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation in case of injury or damage to person or property.
6. Proof of the possession of a valid city business license.
D. A copy of the notice must be in the possession of the person pruning the oak tree at all times during the course of the work being performed.
(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.070 I.S.A. pruning standards.
That certain document known and designated as ANSI A300 Pruning Standards and the International Society of Arboriculture Best Management Practices for Tree Pruning, as amended from time to time, is adopted by the council of the city as the standards for pruning trees located within the city to all intents and purposes and to the same effect as if each and every section, paragraph, sub-paragraph, word, phase, clause or illustration contained therein were fully set forth herein except for the deletion of any provisions as provided for in the chapter. A copy of such standards shall be on file with the city clerk and shall be available for purchase in the office of the city clerk. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.080 Copies of standards on file.
Reference is made to three copies of said standards filed in the office of the city clerk of the city which are now so filed for full particulars of said pruning standards. (Ord. 9907 § 2 (part), 1999)
12.24.090 Enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the director in his or her capacity as enforcement officer. In the enforcement of this chapter such enforcement officer and his or her deputies may enter upon private or public property to examine any oak tree, and may issue citations for any violations of this chapter. (Ord. 9907 § 2 (part), 1999)
12.24.100 Public assistance for property owners.
A. If the city manager determines that a property owner, who has submitted a notice of intent to prune or remove an oak tree, cannot properly prune or remove his or her oak tree without the assistance of a professional tree trimmer, and that said property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city manager may provide financial assistance to said property owner for the purpose of pruning or removal of the tree or trees, if all the following conditions are met and funds are available:
1. The property owner uses the property where the tree(s) is located as his or her principal place of residence;
2. The aggregate gross income of all persons eighteen (18) years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the city council, pursuant to this subdivision; and
3. The city manager determines that it is necessary to prune or remove the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions, or promote healthy growth of the tree(s).
B. Such financial assistance may include, but not be limited to, low interest loans, work done by the city with the cost borne in part or in whole by the property owner, work done by the city with the cost borne by the city to be repaid by the property owner upon such terms as the city and property owner shall agree, or any combination thereof.
(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.110 Oak maintenance fund.
For purposes of providing such financial assistance as described in Section 12.24.100, and for accomplishing the oak tree mitigation goals as described in the Oak Tree Mitigation Policy developed pursuant to Section 12.24.037, it is established the "oak maintenance fund" which shall be funded either in part or in whole by those portions of fines which may be assessed by the courts, or through the administrative penalty process, known as "civil penalty assessments" for violations of this chapter, and by mitigation fee payments ordered pursuant to the Oak Tree Mitigation Policy established pursuant to Section 12.24.037.
The Oak Tree Maintenance Fund shall be managed as described in the Oak Tree Mitigation Policy. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 §2 (part), 1999)
Article 4. Development proposals; protection of oak trees
12.24.120 Encroachment into drip-line of oak trees during construction.
A. With respect to any application for a building or development permit, all encroachment by permanent structures into the crown drip-line of a Valley Oak is prohibited unless approved by the City Manager or his/her designee. If encroachment into the crown drip line is approved, the city shall require special construction techniques to be employed, as determined by the city manager.
B. The existing ground surface within crown-drip-line (measured horizontally) of the trunk of any oak tree shall not be cut, filled, compacted or paved without the consent of the city manager. Tree wells may be used when advisable. Excavation adjacent to any oak tree shall not be permitted where material damage to the root system will result.
C. The city council shall, by resolution adopt guidelines for commercial, industrial, and residential development and construction on property within the city, and city-initiated projects, where any oak tree is located. Such guidelines adopted pursuant to this subsection shall be made a part of this subsection and shall be enforced as hereinafter set forth. (Ord. 2007-02 § 2 (part), 2007; Ord. 2003-07 § 2, 2003; Res. 2003- 61 (part), 2003; Ord. 9907 § 2 (part), 1999)
12.24.130 Building permits.
A. When any building permit, grading permit, or development permit is applied for pursuant to the city code and a proposed structure or construction project would require the destruction, removal, or pruning of an oak tree, or encroachment into the crown-drip-line of an oak tree, said permit shall not issue until the city manager has confirmed that all requirements of this chapter, including the obtaining of a removal or pruning permit or the imposition of encroachment conditions, can be met In no event shall any disturbance of the premises, disturbance of the oak trees, or encroachment into the crow-drip-line be allowed until all requirements of the chapter are met and a building permit with appropriate conditions and oak tree removal permit are issued. The issuance of a building permit notwithstanding this section shall in no event serve as a defense to a violation of any provision of this Chapter.
B. In the event a permit to destroy or remove an oak tree is issued in order to enable the applicant to carry out some project of development or improvement of the property, such permit shall be valid and effective only in connection with the actual accomplishment of such project.
C. In the event conditions related to removal or pruning of oak trees, or encroachment into the crown-drip- line, are attached to a building, grading or development permit, a minimum $10,000 deposit (or amount deemed necessary by the city manager) shall be posted and maintained to ensure compliance with such conditions. The deposit shall be posted in a form approved by the City Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the city manger. No deposit shall be required where the potential impacts to oak trees, and the required conditions to avoid such impacts, although present, are minimal. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.140 Willful destruction of oak trees.
It is unlawful for any person to willfully destroy, mutilate, poison, or attempt to kill an oak tree in the city.
Exceptions to this section are to be found in Section 12.24.050 which provides for emergency destruction, removal, or pruning of an oak tree. (Ord. 9907 § 2 (part), 1999)
12.24.150 City projects.
City-initiated projects should comply with standards referred to in Section 12.24.120. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
Article 5. Enforcement
12.24.155 Enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city manager in his or her capacity as enforcement officer. In the enforcement of this chapter such enforcement officer and his or her deputies may enter upon private or public property to examine any oak tree, and may issue citations for any violations of this chapter. (Ord. 2007-02 § 2 (part), 2007)
12.24.160 Nuisances.
A. It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city which has one or more oak trees located thereon to intentionally, negligently accidentally, or otherwise maintain said premises in such a manner so as to cause harm to and of said oak trees, by reason of any of the following conditions:
1. Water saturation or deprivation;
2. Nailing, screwing, stapling, bolting, or otherwise attaching boards, fences, signs, placards, posters, or other material which might cause injury to the oak tree;
3. Neglect in the pruning or trimming of overgrown, diseased, decaying, dead, or rotting limbs, branches and foliage.
B. In addition to enforcing provisions of this code that constitute a public nuisance through criminal citations, civil action or administrative enforcement, the city manager may enforce against and abate any and all nuisances declared pursuant to this section in a manner consistent with applicable provisions of the Visalia Municipal Code pertaining to the procedure for abatement of nuisances, or absent such provisions, in a manner consistent with the laws of the State of California pertaining to abatement of nuisances. (Ord. 2007- 02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.170 Abatement.
All premises or oak trees declared to be such public nuisances and ordered to be abated may be abated by watering, conditioning the soil, constructing berms, pruning or trimming, or removing offending materials affixed to the tree which might cause injury to said tree, pursuant to the procedures set forth in this code. (Ord. 9907 § 2 (part), 1999)
12.24.180 Notice of hearing to abate.
A. Within thirty (30) days of the passage of said resolution, the city clerk shall cause to be conspicuously posted on the premises, where the oak tree(s) are located, a certified copy of the resolution of the city council, which said notices shall be titled: "NOTICE OF HEARING" in letters of not less than one inch in height and shall be substantially in the following form:
NOTICE OF HEARING
TO ABATE NUISANCE
Notice is hereby given that on the day of , , the City Council of the City of Visalia passed a resolution declaring that certain Oak Tree(s) located or standing upon that certain lot, piece or parcel of land, situated in the City of Visalia, State of California, known and designated as, in said City, and more particularly described as Lot No., Tract No., or name of subdivision in said City, constitutes a public nuisance and must be abated by the rehabilitation of such premises by the watering, pruning, trimming, or other methods; otherwise said nuisance will be abated by the municipal authorities of the City, in which case the cost of such rehabilitation, watering, pruning or trimming will be assessed upon the land on which said Oak Tree(s) is or are located and such cost will constitute a lien upon such land until paid. (Reference is hereby made to said resolution for further particulars.)
B. The city clerk shall cause to be served upon the owner of each of the oak tree(s) declared to be a public nuisance and sought to be rehabilitated by watering, pruning or trimming one copy of said notice and a certified copy of the resolution of the city council, in accordance with these provisions.
C. Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days before the time fixed for the hearing before the city council and proof of posting and service of such notices and resolutions shall be made by affidavit which shall be filed with the city council. (Ord. 9907 § 2 (part), 1999)
12.24.190 Form of proper service of notice.
Proper service of said notice and resolution shall be by personal service upon the person owning the property as such person's name and address appears on the last equalized assessment roll, if he is found within the city limits, or if he is not to be found within the city limits, by depositing a copy of said notice and resolution in the U.S. post office properly enclosed in a sealed envelope and with the posting thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner. The service is complete at the time of deposit. (Ord. 9907 § 2 (part), 1999)
12.24.200 Hearing by city council.
A. At the time stated in the notices, the city council shall hear and consider all objections or protests, shall receive testimony and other evidence from owners, witnesses and parties interested relative to such alleged public nuisance and as to rehabilitation of such premises by the watering, pruning or trimming, or by other abatement thereof, and may continue the hearing from time to time.
B. Upon the conclusion of said hearing, the city council shall allow or overrule any or all of said protests. If the city council finds that good and sufficient cause does exist why said premises should be rehabilitated, or oak tree(s) should be watered pruned, trimmed, or treated, the city council shall prepare and file a report of such findings with the city clerk.
C. Following said public hearing, the city council may by resolution order the director to abate said nuisance, after a period of thirty (30) days, by having the oak tree(s) watered, pruned, trimmed, treated, or the nuisance otherwise abated, and the director and his or her authorized representatives are hereby expressly authorized to enter upon private property for that purpose. (Ord. 9907 § 2 (part), 1999)
12.24.210 Service on owner of resolution to abate.
A copy of said resolution ordering the director to abate said nuisance shall be served upon the owner of said property in accordance with the provisions of this chapter and shall contain a detailed list of needed corrections. Any property owner shall have the right to have any such oak tree(s) watered, pruned, trimmed, treated, or the nuisance otherwise abated at his or her own expense, provided the same is completed prior to the expiration of the time set forth in said resolution. (Ord. 9907 § 2 (part), 1999)
12.24.220 Record of cost for abatement.
The director shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the city council showing the cost of watering, pruning, trimming, or treating said oak tree(s), and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to the city council, a copy of the same shall be posted for at least five days upon the premises or property upon which such oak tree(s) are situated, or the nuisance committed, together with a notice of the time when said report shall be submitted to the city council for confirmation; and a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of this chapter at least five days prior to submitting the same to the council; proof of said posting and service shall be made by affidavit and filed with city clerk. The term "incidental expenses" shall include, but not be limited to the expenses and costs of the city in the preparation of notices, specifications and contacts, and in inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 9907 § 2 (part), 1999)
12.24.230 Hearing and proceedings.
At the date and time fixed for receiving and considering said report the city council shall hear and pass upon the report of the director, together with any objection or protests which may be raised by any of the owners of property liable to be assessed for the work of abating such nuisance any other interest persons.
Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed; provided that said hearing or consideration may be continued from time to time. The decision of the city council on all protests and objections which may be made, shall be final and conclusive. (Ord. 9907 § 2 (part), 1999)
12.24.240 Assignment of costs against property--Lien.
The amount of the costs of abating such nuisance upon any lot or parcel of land, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land, and as thus keep a lien on said property for the amount of such assessment. After the confirmation of said report, a copy shall be turned over to the assessor and the tax collector of the county of Tulare, acting on behalf of the city, whereupon it shall be the duty of said assessor and tax collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels for land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for other municipal taxes. (Ord. 9907 § 2 (part), 1999)
12.24.250 Authority.
Any and all nuisances declared and abated hereunder shall be processed pursuant to the authority set forth in Sections 38771 et seq., of the Government Code of the state of California, in the manner described herein above. (Ord. 9907 § 2 (part), 1999)
12.24.260 Penalties.
A. Unless otherwise noted herein, a violation of any provision of this Chapter shall constitute a misdemeanor.
B. Any violation of any provision of Sections 12.24.060 and 12.24.070 shall be deemed an infraction and be punishable upon conviction as hereinafter set forth.
C. Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and/or six months in the county jail. Each day that a violation continues shall be regarded as a separate offense.
D. Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day the violation continues shall be regarded as a new and separate offense.
E. Upon a person being convicted of any violation under this chapter, the court shall, in addition to, or in lieu of, the above penalties, or any other penalty provided and imposed under this chapter, order the defendant to pay a civil penalty assessment to the City of Visalia to be used in the manner described in the Oak Tree Maintenance Fund, as described in Section 12.24.110 herein, which Civil Penalty is designed as restitution to compensate the city and the community for the loss or diminution of economic, aesthetic, environmental, and property values resulting from the loss of any oak tree or portion thereof, and for the city's costs and attorney's fees in prosecuting the matter. In cases of un-permitted removal of an oak tree in violation of Section 12.24.025, such civil penalty shall be calculated by doubling the in-lieu mitigation amount as indicated in the Oak Tree Mitigation Policy implemented pursuant to Section 12.24.037, which would have been imposed for the specific tree had a permit been obtained. In cases of purposeful damage to an oak tree in violation of Section 12.24.025, the civil penalty imposed shall be calculated by multiplying one half times the in-lieu mitigation amount as indicated in the Oak Tree Mitigation Policy implemented pursuant to Section 12.24.037, which would have been imposed for the specific tree had a removal permit been obtained.
F. Any violation of any provision of this chapter may result in the immediate suspension of any permit previously issued for the construction and/or development of property upon which said violation occurred, until compliance with all mitigation measures required by this ordinance is demonstrated to the satisfaction of the city manager.
(Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
12.24.270 Severability.
A. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.
B. If the application of any provision of this chapter or any person, property, or circumstance is found to be unconstitutional or invalid or ineffective in whole or in part by any court or tribunal of competent jurisdiction, the effect of such decision shall be limited to the person, property, or circumstance immediately involved in the controversy, and the application of any such provision to other persons, properties or circumstances shall not be affected. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999) 328.16 CONT_MAG FD MAG TIE
326.55 UTIL_SL SERV.POLE W/PANEL325.79 UTIL_SL SERV.POLE W/PANEL 57326.804SS MH134326.227SS MH158326.454SS MH213326.806SS MH320326.029SS MH357325.871SS MH390325.945SS MH 1663327.434SS MH
605646324.829SSMH677325.545SSMH714325.758SSMH751325.779SSMH 5327.122SSMH
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ADJUSTMENTS TO LANDSCAPELOT AND BLOCK WALL MAYNEED TO BE COORDINATED INFUTURE FOR ACCESS FORDITCH COMPANY 1TENTATIVE SUBDIVISION MAP
AS NOTED
---
JESSE A. WILLIAMS
REGISTERED PROFESSIONAL ENGINEER
STATE OF CALIFORNIA
CIVIL No. 64742Exp.
NOT FOR CONSTRUCTION
6/30/26CIVIL ENGINEERS & LAND SURVEYORS810 W ACEQUIA AVENUE, VISALIA CA 93291559-713-6139 AWESCALE:DATE:DRAWN BY:CHECKED BY:
REVISIONNO. INITDATE APPROVED BY:
APPROVED BY:
FOR:
PROJECT:
SHEET TITLE:
JOB NUMBER
SHEET
FLOOD ZONE
JESSE ALLEN WILLIAMS R.C.E. 64742
DATE
DATE
24075AE & X---4/3/25 SAN JOAQUIN VALLEY HOMES5607 AVE. DE LAS ROBLESVISALIA, CA 93291BLANKENSHIP TRACTS. SANTA FE ST. AND CALDWELL AVE.VISALIA, CA 93277 AWE810 Acequia [email protected](559) 713-6139Visalia, California 93291
TENTATIVE SUBDIVISION MAP
Vicinity Map
OWNERS:
GERALD B. BLANKENSHIP JR. &TRUSTEES OF THE BLANKENSHIP FAMILY TRUST UNDER TRUST AGREEMENT DATE FEBRUARY 8, 1996GERALD BLANKENSHIP JR. & JEAN KRISTY BLANKENSHIP RES.AG/RESAE-20
AE/XCAL WATERCITY 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 HOMESAPPLICANT:
Visalia, California 932915607 AVE DE LAO ROBLES
ENGINEER:
ZONING (N).:R-1-5STORM DRAIN:CITY OF VISALIATOTAL AREA:62.53 AC.
WATER:CAL WATER
123PHASE 1:PHASE 2: 80LOT COUNTCROSS SECTION - SANTA FE ST.
2.0%
P.C.C. CURB & GUTTERPER CITY STDBARRIER TYPE
PARKWAY
R/W R/W31'
6' SIDEWALKPER CITY STD
11'6'5' 10'42'31'11' 2.0%
C/L
EXISTING LANDSCAPED
P/L
TO BE CONSTRUCTED PER CITY STD P-3
INTERIOR STREETSTO BE CONSTRUCTED PER CITY STD P-1
C/L
20' 5'
PER CITY STDSIDEWALK2.0%
PER CITY STD P.C.C. CURB & GUTTERBARRIER TYPE P.C.C. CURB & GUTTERPER CITY STDBARRIER TYPE PARKWAY PARKWAY
2.0%
R/W R/W10'60' 5'20'10'5' 5'SIDEWALKPER CITY STD
TOTAL LOT COUNT:203
R/W
TYPICAL INTERIORSTREET IMPROVEMENTS
PL
PARK BASIN(WHERE NEEDED)EXISTING IRRIGATIONDITCH
15' DITCHACCESS ROADVARIES'(APPROX. 60' - 77')
PARK GRADINGTO VARY
VARIES'(APPROX. 50' - 85')
PARK SECTION IRRIGATION DITCH ADJACENT
EXISTING STREETCROSS SECTION - BURK STREET
C/L
20'2.0%2.0%
R/W R/W
10'VARIES60' MIN20'VARIES(10' MIN.)5' 5'SIDEWALKPER CITY STD EXISTING STREETSECTION UNLESSNOTED OTHERWISE 17'LLD
P/LSECTIONLINE28' TRAIL72' RAIL ROAD100' RAIL ROAD 42' 24'42'P/L
CROSS SECTION - CALDWELL AVE (LOOKING EAST)
2.0%
P.C.C. CURB & GUTTERPER CITY STDBARRIER TYPEPARKWAY
R/W R/W45'60'
6' SIDEWALKPER CITY STD
15'10'5' 10'55'45'10' 2.0%
C/L
PER CITY STD6' SIDEWALK
BARRIER TYPEPER CITY STDP.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 CIPTO BE CONSTRUCTED WITH THISDEVELOPMENT 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