Agenda packet — Visalia City Council, July 20, 2026 (part 4 of 14)

CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSALS
RFP-25-26-15
SEALED PROPOSALS will be received by the Visalia Purchasing Division until 1:00 P.M. on Thursday, April 2, 2026 for the City of Visalia’s Open Ground Land Lease.

Ground Lease information and agreement documents may be obtained by calling (559) 713-4334, emailing your request to [email protected] or may be downloaded from registered users of BidNetDirect.

On Monday, March 16, 2026, an informational, non-mandatory proposal meeting will be held at 10:00 a.m. at the Visalia Reclamation Facility, 7579 Ave 288, Visalia, CA 93277. Interested proposers are encouraged to participate.

This is a time to ask questions about the project work and contract requirements.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of age, race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: 3/3/26 & 3/8/26
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TABLE OF CONTENTS

TITLE PAGES
I. Definitions.........................................................................................................................................4 II. Introduction ......................................................................................................................................4 A. Information.........................................................................................................................4 B. Background.........................................................................................................................4 C. Purpose and Objective........................................................................................................5 D. RFP/Agreement Schedule...................................................................................................6 III. Scope of Services ..............................................................................................................................6 A. Services of the Lessee.........................................................................................................6 B. City Responsibilities............................................................................................................8 IV. Proposal Content and Format Requirements...................................................................................8 A. General Information ...........................................................................................................8 B. Proposal Project Approach .................................................................................................8 C. Staff Qualifications and Related Experience.......................................................................9 D. Proposed Fee Structure and Schedules..............................................................................9 E. Conflict of Interest............................................................................................................10 V. Lessee Selection Procedure ............................................................................................................10 A. Criteria & Weight of Criteria.............................................................................................10 B. Background Check ............................................................................................................11 C. Award of Contract ............................................................................................................11 VI. Examination of Contract Requirements & Acceptance of Proposal Content .................................11 A. Withdrawal of Proposals ..................................................................................................12 B. Rejection of Proposals......................................................................................................12 C. Evaluation/Award of Contract..........................................................................................12 VII. Measurement & Payment..............................................................................................................12 A. Billing & Payments............................................................................................................13 B. City’s Right to Withhold Certain Amounts........................................................................13 VIII. General Conditions........................................................................................................................14 A. Important Notice ..............................................................................................................14 B. Legal Responsibilities........................................................................................................14 C. Permits and Licenses ........................................................................................................15 D. Insurance ..........................................................................................................................15 E. Assignment of Contract ....................................................................................................15 F. Documents/Data ..............................................................................................................16 G. Termination of Contract ...................................................................................................16 H. Right To Require Performance .........................................................................................16 I. Ethics in Public Contracting ..............................................................................................16 J. Independent Contractor...................................................................................................16 K. Equal Employment Opportunity.......................................................................................16 L. Venue................................................................................................................................17 M. Proprietary Information....................................................................................................17 N. Incurring Costs..................................................................................................................17 O. Executive Order N-6-22, Russian Sanctions......................................................................17 Attachments which must be completed and submitted with proposal:

Non-Collusion Affidavit
Workers Compensation Insurance Certificate
Equal Employment Opportunity Compliance Certificate
Disclosure Forms
Americans with Disabilities Act Compliance Certificate
Drug-Free Workplace Certificate
Iran Contracting Act Compliance
Sample Ground Lease Agreement (do not submit with proposal; informational only) Exhibit A – Map of Open Ground
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I. DEFINITIONS
For the purposes of this RFP NO. 25-26-15 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Lessee”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.

5. “RFP” means Request for Proposal No. 25-26-15
II. INTRODUCTION
A. Information
The City of Visalia is soliciting proposals from qualified and properly licensed agricultural operators to lease Cityowned open ground for agricultural purposes. The Premises, as described in this RFP and accompanying exhibits, may be used for dry farming, subject to applicable water availability and land use conditions. The selected lessee will be responsible for all aspects of agricultural operations conducted on the Premises, including compliance with all applicable laws and regulations, adherence to lease terms, and maintaining the land in good and serviceable condition for the duration of the lease.

This is a time to ask questions about the project work and contract requirements.

One (1) unbound original, four (4) copies and one (1) digital copy on USB Drive must be received no later than 1:00pm on Thursday, April 2, 2026. Proposals received after that date and time will be returned unopened to the proposer.

Please note that City office hours are Monday-Thursday 7:30am-5:00pm. We are Closed on Fridays and City recognized Holidays. Proposers shall not schedule delivery of proposals/submittals on Fridays as they will not be received when the office is closed. It is the responsibility of the Proposer to schedule deliveries during the City’s open office hours.

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.

Direct questions for clarification of this document to Purchasing Division (559) 713-4334, or email [email protected]. To prevent misinterpretation, the Purchasing Division requests that all questions regarding the scope of services be addressed in writing via email. Questions may be asked at any time prior to, but no later than Monday, March 23, 2026.

Local Vendor Preference Points: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local vendor preference policy. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 5 points (Local Vendor Preference Points) will be given to any Proposer who has a business address in Tulare County for the past six months.

B. Background
Located in California’s Central Valley between the metropolitan areas of Fresno and Bakersfield, the City of Visalia lies east of State Highway 99 and along State Highway 198. With a population of over 140,000 residents, Visalia 615
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serves as a regional hub for agriculture and commerce. The City owns a parcel of open agricultural land within the City limits, consisting of approximately 408 acres, and as described in Exhibit A.

Historically, the property has been used for farming purposes under various management and lease arrangements.

In keeping with the City’s commitment to responsible management of public assets, the City is seeking to enter into a Ground Lease agreement with a qualified lessee for agricultural use of the property for dry farming. This RFP is intended to identify an experienced individual, business, or agricultural operation with the capacity to lease the land and operate it in a manner consistent with the City’s standards for land stewardship, compliance with applicable laws, and preservation of soil and water resources. The resulting Ground Lease will clearly define the terms and conditions of use, including requirements for maintenance, insurance, irrigation arrangements, payment structure, and compliance with all applicable regulations and lease provisions.

C. Purpose, Objective and Services to be Provided.

Purpose
The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified farmers, agricultural operators, or related entities interested in entering into a Ground Lease agreement with the City of Visalia for the agricultural use of approximately 408 acres of City-owned open ground. This RFP is intended to ensure a fair and competitive process for the lease of public agricultural property, with the goal of securing a responsible lessee who will operate the land for farming purposes—such as dry farming or other permissible agricultural practices—and maintain it in accordance with City standards, applicable regulations, and the terms of the lease.

Objectives
The objective of this RFP is to establish a mutually beneficial lease agreement that supports the productive, sustainable, and legally compliant use of the City’s agricultural land asset. The City seeks to:
• Ensure the land is actively managed for agricultural purposes and maintained in good condition. • Promote agricultural practices that preserve soil health and use water resources responsibly. • Generate revenue or other tangible public benefits through the lease of the property. • Safeguard public interests by ensuring lessee compliance with all legal, environmental, and operational obligations.
• Maintain a transparent, equitable leasing process in alignment with municipal policies and procedures.

Services to Be Provided by Lessee
The selected lessee shall be responsible for the following:

1. Agricultural Use and Operations – Utilize the property for permissible agricultural purposes such as dry farming, row crops, or other lawful crop production, consistent with City land use regulations and the terms of the lease. The City will not allow irrigation of this property.

2. Property Maintenance – Maintain the premises in good agricultural condition, including weed abatement, soil management, erosion prevention, and removal of waste or debris. The property must remain free from hazardous conditions, illegal activities, or misuse at all times. In addition, the lessee is required to implement and maintain effective dust mitigation and weed control measures throughout the term of the lease, in accordance with applicable laws and to the satisfaction of the City.

3. Irrigation and Water Management – Irrigation of the property is strictly prohibited. The lessee shall not install, operate, or maintain any irrigation systems or engage in any irrigation activities. All water use for agricultural or landscaping purposes must be conducted without irrigation, and no modifications to existing water infrastructure are permitted.

4. Environmental Stewardship – Implement best management practices to protect soil health, conserve resources, and minimize runoff, in compliance with all environmental laws and regulations.

5. Repairs and Improvements – Provide and fund any routine maintenance, improvements, or repairs permitted by the lease, ensuring compliance with City approval requirements where applicable.

6. Compliance with Laws – Adhere to all applicable federal, state, and local laws, ordinances, zoning regulations, labor laws, and agricultural codes, including obtaining and maintaining all required licenses, permits, and certifications for operations on the property.

7. Insurance – Secure and maintain insurance coverage appropriate to the proposed operations, naming the City of Visalia as an additional insured, and maintain coverage for the duration of the lease. 616
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8. Rent and Financial Obligations – Pay rent and any other applicable fees in the manner and schedule specified in the lease agreement (e.g., monthly or annually).

9. Access for City Oversight – Allow reasonable access to the property by City staff for inspection or other municipal purposes, with prior notice. Maintain open communication with the City and coordinate on inspections, reporting, and operational updates.

10. Restrictions on Assignment – The lessee shall refrain from subleasing, transferring, or assigning the lease without prior written consent from the City, unless otherwise allowed under the lease agreement.

D. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public................................................................................................ 2/25/2026 Proposer Conference, 10:00am at 7579 Ave. 288, Visalia, CA......................................... 3/16/2026 Questions Deadline ........................................................................................................... 3/23/2026 RFP due at 1:00 pm at 707 W Acequia ............................................................................... 4/2/2026 Short list established and Lessees notified................................................................................... tbd Interviews/Presentations with short-listed Lessees (if required)................................................... tbd Award of Lease Agreement @ City Council Meeting ................................................................... tbd Lease Begins ................................................................................................................................ tbd Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES
A. Services of the Lessee
The selected lessee shall be responsible for the lawful use, general upkeep, and long-term maintenance of approximately 408 acres of City-owned open land (the “Premises”), as described in Exhibit A. The lease shall define the permitted uses, the lessee’s responsibilities, and required performance standards. The lessee will assume full responsibility for the condition, operation, and authorized agricultural use of the Premises during the lease term.

Permitted activities may include dry farming, row crops, or other agricultural operations consistent with applicable zoning, environmental standards, and City ordinances. The lessee must maintain the property in a condition acceptable to the City, employing best management practices to preserve soil health, prevent erosion, and comply with all environmental regulations.

The lessee will be responsible for:

1. Conducting agricultural operations in compliance with all applicable laws, permits, and lease provisions.

2. Maintaining the land, fences, gates, roads, and other site infrastructure in good condition.

3. Prohibiting dumping, trespassing, and illegal activities; restoring and cleaning up land in the event of dumping, trespassing, illegal activities, etc.

4. Water Use and Farming Practices – Only dry farming practices are permitted on the property. The use of irrigation systems or any form of artificial watering is strictly prohibited. The lessee shall manage all agricultural activities in compliance with water availability limitations established by the City, including adherence to Sustainable Groundwater Management Act (SGMA) requirements and any applicable groundwater management regulations.

5. Funding and performing routine maintenance and repairs, with prior City approval for new improvements or modifications.

6. Providing required insurance, permits, and licenses.

7. Timely payment of rent and any other financial obligations.

8. Coordinating with the City on inspections, reporting, and compliance matters.

The City will retain reasonable access for inspection and oversight, as well as pay property taxes and designate a City representative to serve as the liaison for lease matters.

Deliverables
The lessee shall provide, at minimum, the following:
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1. Executed Lease Agreement – Completion and return of a fully executed Ground Lease within the timeframe specified by the City.

2. Use Plan (if applicable) – A brief written summary describing proposed agricultural use, including planned crops, and any improvements or modifications, consistent with zoning and land use restrictions.

3. Maintenance and Site Management –
o Weed and vegetation control per fire code and local ordinances. o Dust control measures in accordance with air quality regulations and local ordinances. o Signage or other measures to Prevent illegal dumping, illegal activities, and trespassing as Lessee is responsible for any clean-up or remedy for damages of illegal dumping, trespassing or illegal activities.
o General land stewardship to preserve site condition and appearance. o Maintenance of fences, gates, roads, and related infrastructure. o Repair of damage caused by lessee operations.
o Supply of all labor, tools, and materials necessary for upkeep. o Prior City approval for new improvements or modifications. o Written City authorization for major infrastructure repairs exceeding $7,500. o Emergency repairs by City (due to lessee neglect) may be performed and costs added to lease o Annual Infrastructure Condition Report with repair notes.

4. Insurance Documentation –
o Maintain all required insurance (e.g., general liability, workers’ compensation) naming the City as an additional insured, including, but not limited to:

1. Workers’ Compensation insurance as required by California statutes.

2. Commercial general liability insurance with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
o Submit certificates of insurance annually and upon renewal. o Indemnify the City against claims arising from operations. o Provide incident reports within 5 business days of any injury, accident, or claim.

5. Payment of Rent and Seasonal Use – Lessee shall ensure timely payment of rent as specified in the lease (annually or monthly). While farming activity may vary seasonally, including limited or no cultivation during summer months due to lack of water, the lessee remains responsible for all required site maintenance and compliance obligations year-round. The City may consider rent adjustments or waivers for inactive farming periods; however, the lessee retains exclusive possession of the property during the lease term and is therefore accountable for ensuring the property is properly maintained and not left unattended or unmanaged.

6. Compliance with Laws and Regulations –
o Obtain and maintain all required agricultural licenses, permits, and certifications. o Comply with zoning, environmental, SGMA groundwater management, pesticide use, and labor laws. o Comply with all applicable Air Board requirements, including obtaining necessary permits and fulfilling monitoring and reporting obligations.
o Provide copies of permits and licenses at lease commencement and upon renewal or change. o Provide written confirmation of compliance upon City request.

7. Reporting Requirements (if requested) – Annual operational summaries, water usage reports, or other documentation as needed to verify compliance.

8. End-of-Term Condition Report – Written report on the property’s condition upon lease expiration or termination; premises must be returned in clean, acceptable condition, subject to City inspection.

9. City Access and Oversight –
o Allow City access for inspections.
o Cooperate with administrative and oversight efforts.
o Facilitate up to two scheduled site visits per year.
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o Provide written responses to City inspection findings requiring corrective action.

B. City Responsibilities

1. Payment of property taxes

2. Provide a "City Representative" who will represent the City and who will work with the lessee in carrying out the provisions of the RFP. The Lessee shall communicate with the City representative who will provide the following services:
▪ Examine documents submitted to the City by the Lessee and timely render decisions pertaining thereto.
▪ Give reasonably prompt consideration to all matters submitted by the Lessee for approval to the end that there will be no substantial delays in the Lessee’s program of work.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
• Firm name, address, telephone number and email address. • Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, and email address if different from above. • Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Provide your Federal Tax ID Number and City of Visalia Business Tax Certificate Number. • Names of company’s owners / officers.
• Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified. • Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation. • References and Referrals
• Completed and signed forms included with this RFP.

B. Proposed Program Approach
Summarize your approach and understanding of the program and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract. The contents of this section shall be determined by the proposer but should demonstrate an understanding of the special characteristics of the project.

This section shall outline the proposed approach to the project. This approach or scope of work shall consist of:
• Objective(s)
• Task(s) and brief description
• Work products
• Meeting(s)
Exceptions to the requirements of the RFP should be clearly delineated in this section. 619
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While the City believes this RFP provides the necessary direction for the Lessee to provide a proposal to complete the services, the City understands that there may be additional items the Lessee may discover during the development of their proposal. The Lessee is encouraged to include/address any items that they feel the City has omitted in error or that should be included as part of the services to complete this project. All proposers may include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Note: Lessee may not substitute any member of the project team without prior written approval of the City.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous work that might be comparable, including the size, type, and scope of services provided. In addition, provide references for the three (3) most comparable services and/or related work for which your firm has provided, or currently is providing.

List the work in reverse chronological order and provide the following information for each project:

Indicate for each of these projects:
• Name of work/project
• Location
• Brief description (type of farming operation performed) • Name of owner
• Name of owner's contact person and telephone number (contact person, who, at the time of RFP submittal, will be employed by the owner)
• Your firm's specific involvement (i.e., Owner, Lessee, sublessee, etc.) • The proposed cost vs. actual cost
• Status of completion
D. Proposed Fee Structure
The Proposed Lease Payment Structure shall be submitted as part of the RFP submittal.

Respondents shall provide the proposed lease payment terms to the City in the format outlined below:
• Clearly state the proposed lease payment amount, including payment frequency (e.g., monthly, quarterly, or annually).
• Identify any proposed rent adjustments for seasonal or inactive farming periods, if applicable. • While no farming activity may occur during certain times of the year (e.g., summer), the proposer will be expected to maintain the property year-round.
• Note that this is not a service contract, and proposers are not to include any charges for services rendered.

The proposal should reflect the payment the proposer will make to the City for the right to lease and occupy the property.

The lease payment proposal along with the proposed approach to property use and maintenance, will form the basis for any lease negotiations. Final lease terms may be adjusted to meet the City's operational and property management needs. Considerations for Consumer Price Index (CPI) annual increases should be factored into the proposed lease payment structure.
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E. Conflict of Interest
• Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project.

V. LESSEE SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted. Lessee interviews will be held solely at the option and discretion of the City of Visalia. The process for selection shall occur in the following sequence:
• Review Proposals
• Establish a “short list” of three or more firms
• Interview “short-listed” firms (at the option and discretion of the City) • Identify best qualified firm
• Determine which, if any, alternates will be selected, and negotiate a fee • Award contract
A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council and may include a representative knowledgeable in farming or land management. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a firm based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria and Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a firm to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms. Additionally, 5 percentage points (Local Preference Points) will be given to any Proposer who has an established business address in the County of Tulare as outlined in Section II Introduction Item A.

Criteria Explanation Weight
Experience and Qualifications Demonstrated experience in leasing or managing open land, including the qualifications of key
personnel and proven ability to operate in
compliance with applicable laws, ordinances, and
regulations.
35 Proposed Use and Management
Plan
Feasibility, clarity, and thoroughness of the
proposed plan for use, maintenance, and
stewardship of the Premises, including operational
strategies, site management, and adherence to
lease terms.
30 Financial Proposal Competitiveness and reasonableness of proposed rent, payment structure, and overall financial benefit
to the City.
25 621
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Coordination and Communication Plan for coordinating with City staff, submitting reports, and maintaining open lines of
communication.
5 Local Vendor Preference Preference with a business address in Tulare County for the past 6 months as described in Section II.

Introduction
5 Total Points Possible 100
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to Lessee prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE

OF PROPOSAL CONTENT
Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal. 622
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The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; to waive any requirements, both the City's and those proposed by the vendor; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each vendor, so as to select the vendor which best serves the requirements of the City, thus insuring that the best interest of the City will be served.

Proposer’s past performance and the City's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.

C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired.

Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.

The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

2. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

3. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its Lessees, subcontractor, anyone directly or indirectly employed by any of them, or anyone 623
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for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

4. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

5. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

VII. MEASUREMENT AND PAYMENT
A. Billing and Payments
The lessee is responsible for timely payment of all lease amounts as specified in the lease agreement. No services are being provided or billed to the City under this agreement. The lessee shall not submit invoices to the City for any reason and shall instead remit payment according to the terms and schedule established in the final lease.

Failure to make timely lease payments may result in penalties, interest, or lease termination, as defined in the lease agreement.

B. City’s Right to Withhold Certain Amounts
If the lessee fails to perform any obligations under the lease — including but not limited to maintenance, weed and dust control, or other site responsibilities — the City reserves the right to:
• Withhold any applicable credits or reimbursements otherwise due to the lessee (if any), or • Offset the cost of completing such obligations against future payments due from the lessee, or • Pursue any remedies available under the lease, including default or termination.

The City shall determine the amount necessary to cover unperformed or deficient obligations, and such determination shall be binding unless otherwise agreed to in writing.

VIII. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the proposal.

B. Legal Responsibilities

1. All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Lessee certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations. 624
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C. Permits and Licenses

1. Business License Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation or if your business is located outside of city limits. However, Contractor will be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326.

2. Professional License
Lessee is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration, if required for commencing work, and be licensed to perform work in the State of California.

3. Permits
Lessee shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

D. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

CITY agrees to indemnify and hold harmless VENDOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Vendor’s (or Vendor’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that VENDOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
• Workers’ Compensation insurance as required by California statutes. • Commercial general liability insurance with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable). • Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000). • Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy. 625
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Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City of Visalia, Purchasing Division, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days notice shall be given” In addition, the Commercial general liability policy required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Lessee cease to have insurance as required during any time, all work by Lessee pursuant to this agreement shall cease until insurance acceptable to the City is provided.

In addition to any other remedies CITY may have if LESSEE fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order LESSEE to stop work under this Agreement and/or withhold any payment(s) which become due to LESSEE hereunder until LESSEE demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

E. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred.

F. Documents/Data
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications (if any), prepared by LESSEE pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from LESSEE will be at CITY’s sole risk and without liability to LESSEE. Further, any and all liability arising out of changes made to LESSEE’s deliverables under this Agreement by CITY or persons other than LESSEE is waived as against LESSEE, and the CITY assumes full responsibility for such changes unless the CITY has given LESSEE prior notice and has received from LESSEE written consent for such changes.
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G. Termination of Contract
The nature of this contract requires that the City and the Lessee must work closely as a mutually supporting team without conflict in recognition that the Lessee will be managing a real property asset. The proposed lease includes a sample clause for termination for cause. Separately City will have the right to terminate the lease on 180 days written notice if the City requires the use of the Property for a municipal purpose.

H. Right to Require Performance
No delay or failure by the City to require strict performance by Lessee of any term, condition, or covenant of this Lease shall operate as, or be construed to be, a waiver of any such term, condition, or covenant, nor shall any single or partial exercise by the City of any right or remedy hereunder preclude any other or future exercise of such right or remedy by the City. No waiver by the City shall be effective unless in a writing expressly stating it is a waiver and signed by the City. Any such waiver shall apply only to the specific instance described and shall not constitute a continuing waiver or a waiver of any succeeding breach or any other provision of this Lease I. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Lessee may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

J. Independent Contractor
In the performance of the services herein provided for, the Lessee shall be, and is, an independent contractor and is not an agent or employee of the CITY. The Lessee has and shall retain the right to exercise full control and supervision of all persons assisting the Lessee in the performance of said services hereunder. The Lessee shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

K. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
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L. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

M. Proprietary Information
The proposals received shall become the property of the City of Visalia and are subject to public disclosure. Proposal prices and information submitted by proposer’s will be made available to proposer’s after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposer’s who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

N. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.

O. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State. 628
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NON-COLLUSION AFFIDAVIT
TO: THE CITY OF VISALIA
The undersigned, in submitting a proposal for performing the following work by contract, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participate in any collusion, or otherwise taken any action in restraint of free competition in connection with such contract.

Work to be Done: RFP No. 25-26-15 City of Visalia’s Open Ground Land Lease Proposer’s Name: ______________________________________________________ Signature of Proposer: ___________________________________________________ Title: _________________________________________________________________ Business Address: ______________________________________________________ Place of Residence: _____________________________________________________ State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
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WORKERS’ COMPENSATION INSURANCE CERTIFICATE

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: _________________________________________
Business Address: _________________________________________ Signature: _________________________________________
Name of Signing Official:_________________________________________ Title of Signing Official: _________________________________________ Date: _________________________________________
Company Seal (if any):
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 28925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the contractor agrees as follows:

1. The vendor will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The vendor will, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The vendor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the contractors’ commitments under Section 202 of Executive order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The vendor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

Vendor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

5. In the event of the vendor’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the vendor may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

6. The vendor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

Certification on Non-Segregated Facilities
The contractor hereby certifies that it does not or will not maintain segregated facilities not permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation. ___________________________ _______________________________ __________ Name of Firm Authorized Signature Date
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The following disclosure and statement apply to the Bidder/Proposer/Contractor/Lessee/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Lessee/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
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AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: _______________________________________
Company Seal (if any):
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STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency. 634
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IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 635
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(SAMPLE)

GROUND LEASE AGREEMENT
This Ground Lease Agreement made and entered into this _____ day of _________________, 2025 by and between the City of Visalia, a Charter Law City organized under its Charter and the Constitution and laws of the State of California, hereinafter referred to as LESSOR, and _________________, hereinafter referred to as LESSEE. For and in consideration of the payment of rent, taxes and other charges and of performance of the covenants and conditions hereinafter set forth, the receipt of which is hereby acknowledged, the parties agree as follows:

1. PREMISES
LESSOR is the owner of a parcel of land located in the City of Visalia, County of Tulare, State of California, more particularly described in Exhibit A annexed hereto and incorporated herein by reference (the "Premises"). As of the time of this lease agreement, Premises consists of 408 acres. Except as expressly provided to the contrary in this Agreement, reference to "Premises" is to the described land plus any described appurtenances, including any improvements now or hereafter located on the Premises, with the exception of the booster pumps located on the Premises, without regard to whether ownership of the improvements is in the LESSOR or in the LESSEE. The booster pumps shall remain the exclusive property and for the exclusive use of LESSOR at all times and are not included in this Ground Lease Agreement.

2. RESERVATION OF MINERAL RIGHTS TO LESSOR
All oil, gas, and mineral rights are expressly reserved from this Ground Lease Agreement.

3. USE OF PREMISES
LESSEE shall use said Premises for the purpose of growing those agricultural crops approved by the City Council and for no other purpose without the prior written consent of LESSOR. No animals of any kind may be brought onto the Premises. LESSEE shall conform to all Federal, State and Local rules and regulations. LESSOR does not warrant or guarantee that the Premises are fit for LESSEE's use hereunder.

4. TERM
The TERM of this Ground Lease Agreement shall be for a period of 1 year, commencing on ______ ___, 2025 and ending ______ ___, 2026 unless sooner terminated as provided for herein. The lease for all or a portion of the property can be extended in 1 year increments upon mutual agreement for up to a maximum term of five (5) years.

5. RENT
a. LESSEE shall pay Lease payment to LESSOR in the amount of __________ dollars ($X.XX) per acre rate (or rental rate) for each and every Lease term, due and payable on or before the last day of the second Month of the Lease term. Payment for the initial Lease term in the amount of $___________ is due on or before _____ ___, 2025. b. In the event LESSEE is delinquent in remitting the rent by the tenth (10th) day following the date due, throughout the entire Lease term, then the rent not paid when due shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid. c. Annual Rent Adjustment. Beginning on the first anniversary of the Commencement Date, and on each anniversary thereafter during the Lease term, the LESSOR (City) shall have the right to increase the per-acre rental rate. The annual adjustment shall be calculated based on the percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. 636
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City Average, All Items (1982–84=100), as published by the U.S. Bureau of Labor Statistics, comparing the most recently published index available at the time of adjustment with the index published for the same month in the preceding year.

If the CPI-U is discontinued or substantially modified, the parties shall substitute a comparable index published by a governmental agency. In no event shall the adjusted rent be less than the rent payable during the immediately preceding Lease year. LESSOR shall provide written notice of any rent adjustment at least thirty (30) days prior to the effective date of such adjustment.

6. TAXES AND ASSESSMENTS; "PUBLIC CHARGES"
a. Obligation of LESSEE - From and after the execution date of this Ground Lease Agreement, LESSEE shall be responsible for the payment of all assessments, fees, and other governmental or regulatory charges, general and special, ordinary and extraordinary, of any kind or nature whatsoever, applicable to LESSEE’s possessory interest in the leased premises and any improvements thereon, including but not limited to charges for public improvements, utility services, dust or weed abatement, or compliance-related costs. This obligation is in accordance with California Revenue and Taxation Code Section 107.6.

The City shall be responsible for the payment of real property taxes assessed on the underlying land. However, the LESSEE shall be solely responsible for any taxes or charges levied on LESSEE’s possessory interest, improvements, or operations conducted on the Premises, which may include possessory interest tax or assessments arising from LESSEE’s use of the land.

All such charges to be paid by LESSEE under this section are collectively referred to as “public charges.” Notwithstanding the foregoing, if any such public charges are by law payable in installments, LESSEE may elect to make such payments in accordance with the installment schedule, provided such payments are made before any penalties or interest are incurred.

In the event that any public charge relates to a fiscal period extending beyond the expiration or termination of this Ground Lease Agreement, such charge shall be apportioned between the City and LESSEE based on the portion of the fiscal period falling within the term of this Agreement.
b. Time of Payment - All payments to be made by LESSEE pursuant to the provisions hereof shall be made before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof; and the LESSEE shall furnish LESSOR within sixty (60) days after the dates when the same are payable as herein provided with official receipts or other evidence satisfactory to LESSOR that such public charges or excise on rents or other tax or assessments in lieu thereof as aforesaid has to the extent of the aforesaid, been paid. c. Contest - LESSEE may contest the legal validity or amount of any public charges for which LESSEE is responsible under this Ground Lease Agreement and may institute such proceedings as LESSEE considers necessary. If LESSEE contests any such public charges, LESSEE may withhold or defer payment or pay under protest but shall protect LESSOR and the Premises from any lien by adequate surety bond or other appropriate security. 637
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d. Exclusions - LESSEE's obligation to pay public charges levied or charged against said possessory estate or buildings or improvements or against specified personal property, shall not include the following whatever they may be called: business income or profit taxes levied or assessed against LESSOR by federal, state or other governmental agencies; estate, succession, inheritance, or transfer tax of LESSOR; or corporation, franchise, or profit taxes imposed on any owner of the fee title of the Premises.
e. Evidence of Payment - The certificate, advise, or bill of the appropriate official designated by law to make or issue the same to receive payment of any such public charge shall be prima facie evidence that such public charge is due and unpaid at the time of the making or issuance of such certificate, advise, or bill; and the written receipt of such official shall be prima facie evidence that the public charge therein described has been paid. LESSEE shall authorize and instruct the assessing authority to forward to LESSEE all bills covering such paid public charge.

7. BUSINESS LICENSE
Possession of a City of Visalia Business License is required prior to commencement of work. LESSEE shall maintain a valid City of Visalia Business License throughout the term of this agreement.

8. ACCESS RIGHTS
a. LESSOR reserves the right to enter upon any portion of the leased Premises at any time during the Ground Lease Agreement term to inspect the same and to exercise any function that might arise concerning the operation of the property and to access Lessor's booster pumps. LESSEE shall provide the Project Manager with a key(s) to any lock that LESSEE places on any gate(s) restricting access to the Premises.
b. LESSEE, LESSEE's employees, agent and subcontractors shall have unrestricted access to the Premises without notice to LESSOR twenty-four (24) hours a day, seven (7) days a week.

9. INTERFERENCE
LESSEE shall operate in a manner that will not cause interference to LESSOR and other lessees. All operations by the LESSEE shall be in compliance with all Federal, State and local laws.

LESSEE shall not permit itself, its employees, agents, subcontractors or licensees to operate or use the Property if such use is likely to cause interference with LESSOR's operations. Such interference(s) shall be deemed a material breach by LESSOR. In the event interference occurs, LESSEE agrees to take all reasonable steps necessary to eliminate such interference forthwith.

10. UTILITIES
LESSEE shall be responsible for all utility charges. Any easement necessary for such power or other utilities will be at a location acceptable to LESSOR and the servicing utility company.

11. PUMPS and WATER
LESSEE acknowledges and accepts that all well pumps on site are currently inoperable and that booster pumps on site have been excluded from this Agreement for use by LESSOR, not LESSEE. LESSEE acknowledges that this Ground Lease Agreement does not require LESSOR to take any action in repairing or replacing the well pumps. LESSEE acknowledges that LESSOR assumes no responsibility for providing, delivering, or making irrigation water available for use on Premises. 638
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12. RECLAIMED WATER
LESSEE acknowledges that LESSOR assumes no responsibility for providing, delivering, or making recycled water available for use on premises. Nonetheless, LESSOR may, at its sole and complete discretion, provide reclaimed water to be used on the PREMISES when available, at a rate determined by LESSOR, and subject to Paragraph 34 below. Said water shall be delivered to site piping at the request of Lessee. LESSEE has no obligation to utilize reclaimed water. LESSEE agrees to hold LESSOR harmless for any damage caused by the use of reclaimed water by Lessee. If expressly authorized in writing by LESSOR, reclaimed water may be used by LESSEE for limited non-irrigation purposes, such as dust control, and only in full compliance with all applicable federal, state, and local laws and regulations.

LESSOR reserves the right to terminate delivery of reclaimed water to LESSEE if LESSEE fails to comply with applicable recycled water regulations.

13. MODIFICATIONS
It is further agreed by and between the parties hereto that any alterations, modifications, or additions on the leasehold Premises by LESSEE can only be instituted by first obtaining the written approval of LESSOR of the plans, locations and specifications of said change. LESSEE agrees to provide LESSOR one set of ''as built" plans for said changes within 60 days of completion. No leasehold encumbrance or deed of trust shall be permitted as a result of LESSEE's actions on the leasehold Premises.

14. SIGNS
LESSEE agrees that it will not paint or erect any signs on the Premises unless such signs are first approved in writing by the LESSOR. Any signs located on the Premises shall be in compliance with the City of Visalia's sign and zoning ordinances as the same shall be in effect from time to time.

15. APPEARANCE
LESSEE shall maintain their facilities to the reasonable satisfaction of the LESSOR and in such a manner that said facilities will be neat and well kept in appearance.

16. LESSOR'S MAINTENANCE
LESSOR shall have no obligation for any maintenance on Premises.

17. LESSEE'S MAINTENANCE
LESSEE shall be responsible for the shredding and tilting of cotton stalks and other agricultural stubble during the term of the Ground Lease Agreement including those stalks and stubble from the final crop of the lease term of said Ground Lease Agreement, and in accordance with applicable State and County of Tulare statutes, ordinances and regulations. LESSEE agrees that no burning of stubble or any other such matter shall take place on premises during said Ground Lease Agreement term.

18. CONDEMNATION
LESSOR shall also have the right to terminate this Lease as of the date of condemnation of the Property.

If the Premises are taken under any right of condemnation, LESSEE shall not be entitled to any and all awards of payment made in the condemnation proceedings in respect to any damage to LESSEE's leasehold interests in the Premises and the improvements thereon.

19. INSURANCE - LIABILITY
Throughout the term, at LESSEE's sole cost and expense, LESSEE shall keep or cause to be kept in force, for the mutual benefit of LESSOR and LESSEE, comprehensive broad form general public liability insurance against claims and liability for personal Injury, death, or property damage arising from the use, 639
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occupancy, disuse, or condition of the Premises, improvements, or adjoining areas or ways, providing protection for bodily injury or death to anyone person, at least $1,000,000 for anyone accident or occurrence, and at least $1,000,000 for property damage. Also throughout the Ground Lease Agreement terms, at LESSEE's sole cost and expense, LESSEE shall keep or cause to be kept in force, workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000 per accident.

20. INSURANCE - GENERAL REQUIREMENTS
All insurance required by express provision of this Ground Lease Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that (1) any loss shall be payable notwithstanding any act or negligence of LESSOR that might otherwise result in a forfeiture of the insurance, (2) the insurer waives the right of subrogation against LESSOR and against LESSOR's agents and representatives, (3) the policies are primary and noncontributing with any insurance that may be carried by LESSOR, and (4) they cannot be canceled or materially changed except after 30 days' notice by the insurer to LESSOR or LESSOR's designated representative. (5) LESSOR shall be named an additional insured. LESSEE shall furnish LESSOR with binders representing all insurance required by this Ground Lease Agreement. LESSEE may effect for its own account any insurance not required under this Ground Lease Agreement. LESSEE may provide by blanket insurance covering the Premises and any other location or locations any insurance required or permitted under this Ground Lease Agreement provided it is acceptable to all mortgages. LESSEE shall deliver to LESSOR, in the manner required for notices, copies or certificates of all insurance policies required by this Ground Lease Agreement, together with evidence satisfactory to LESSOR of payment required for procurement and maintenance of the policy, within the following limits:
a. For insurance required at the commencement of this Ground Lease Agreement, within 30 days after the execution of this Ground Lease Agreement;
b. For insurance becoming required at a later date, at least 15 days before the requirement takes effect, or as soon thereafter as the requirement, if new, takes effect. c. For any renewal or replacement of a policy already in existence, at least 30 days before expiration or other termination of the existing policy.

If LESSEE fails or refuses to procure or to maintain insurance as required by this Ground Lease Agreement or fails or refuses to furnish LESSOR with required proof that the insurance has been procured and is in force and paid for, LESSOR shall have the right at LESSOR's election and on 5 day notice, to procure and maintain such insurance. The premiums paid LESSOR shall be treated as added rent due from LESSEE with interest at the rate of 18 percent per year, to be paid on the first day of the month following the date on which the premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the date of the notice.

21. INDEMNIFICATION
LESSEE hereby agrees to and shall protect, indemnify, and hold harmless the LESSOR and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys' fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the LESSEE, LESSEE's independent contractors, employees, representatives, agents and 640
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invitees, and the passive or active negligent acts or omissions of the LESSOR or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this Ground Lease Agreement. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This agreement shall be binding upon the LESSEE whether or not there are any allegations of fault, negligence, or liability of the indemnities hereunder.

22. DEFINITION OF DEFAULT BY LESSEE
Each of the following events shall be a default by LESSEE and a breach of this Ground Lease Agreement. a. Abandonment or surrender of the Premises or of the leasehold estate, or failure or refusal to pay when due any installment of rent or any other sum required by this Ground Lease Agreement to be paid by LESSEE, including but not limited to the Public Charges set forth herein, or to perform as required or conditioned by any other covenant or condition of this Ground Lease Agreement.
b. The subjection of any right or interest of LESSEE to attachment, execution, or other levy, or to seizure under legal process, if not released within 10 days provided that the foreclosure of any mortgage permitted by provisions of this Ground Lease Agreement relating to purchase or construction improvements shall be construed as a default within the meaning of this paragraph.
c. The appointment of a receiver to take possession of the Premises, or improvements, or of LESSEE's interest in the Leasehold estate, or of LESSEE' operation on the Premises for any reason, including but not limited to, assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings, but not including receivership (1) pursuant to administration of the estate or any deceased or incompetent LESSEE, or (2) instituted by LESSOR, the event of default being not the appointment of a receiver at LESSOR's instance, but the event justifying the receivership, if any.
d. An assignment by LESSEE for the benefit of creditors or the filing of a voluntary or involuntary petition by or against LESSEE under any law for the purpose for adjudication of LESSEE's liabilities; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; unless the assignment or proceeding, and all consequent orders, adjudication, custody, and supervision are dismissed, vacated, or otherwise permanently stayed or terminated within 30 days after the assignment, filing or other initial event.
e. Failure to maintain said Premises as required pursuant to the terms of the Ground Lease Agreement.
f. Failure to provide insurance binders/certificates pursuant to paragraphs 19 and 20.

23. NOTICE OF DEFAULT
As a precondition to pursuing any remedy for an alleged default other than a failure to provide adequate insurance as described in paragraphs 19 and 20, by LESSEE, LESSOR shall, before pursuing any remedy, give notice of default to LESSEE and to all qualifying subtenants whose names and addresses were previously given to LESSOR in a notice or notices from LESSEE. A qualifying subtenant is a subtenant in possession under an existing sublease which is proper under this Ground Lease Agreement. If the 641
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alleged default is nonpayment of rent, taxes, or other sums to be paid by LESSEE as provided in the paragraph on rent, or elsewhere in this Ground Lease Agreement directed to be paid as rent, LESSEE shall have 10 days after notice is given to cure the default. For the cure of any other default, LESSEE shall act promptly and diligently after the notice commence to cure the default and shall have 10 days after notice is given to complete the cure plus any additional period that LESSOR agrees is reasonably required for the curing of the default. After expiration of the applicable time for curing a particular default, or before the expiration of that time in the event of emergency, LESSOR may at LESSOR's election, but is not obligated to, make any payment required of LESSEE under this Ground Lease Agreement or perform or comply with any covenant or condition imposed on LESSEE under this Ground Lease Agreement and the amount so paid, plus the reasonable cost of any such performance or compliance, plus interest on such sum at the rate of 12% per year from the date of payment, performance, or compliance (herein called "Act") , shall be deemed to be additional rent payable by LESSEE within 30 days following the giving of notice of the Act. No such Act shall constitute a waiver of default or of any remedy for default or render LESSOR liable for any loss or damage resulting from any such Act.

24. REMEDIES IN THE EVENT OF DEFAULT
If any default by LESSEE shall continue uncured, following notice of default as required by this Ground Lease Agreement, for the period applicable to the default under the applicable provision of this Ground Lease Agreement, LESSOR has the following remedies in addition to all other rights and remedies provided by law or equity, to which LESSOR may resort cumulatively or in the alternative. a. LESSOR may at LESSOR's election terminate this Ground Lease Agreement by giving LESSEE Notice of Termination. On the giving of the Notice, all of LESSEE's right in the Premises and in all improvements shall terminate in the time frame set forth in the Notice of Termination. Promptly after notice of termination, LESSEE shall surrender and vacate the Premises and all improvements in broom-clean condition, and LESSOR may reenter and take possession of the Premises and all remaining improvements and eject all parties in possession or eject some and not others or eject none; provided that no subtenant qualifying under nondisturbance provisions of this Ground Lease Agreement shall be ejected. Termination under this paragraph shall not relieve LESSEE from the payment of any sum then due to LESSOR or from any claim for damages previously accrued or then accruing against LESSEE. b. LESSOR may at LESSOR's election reenter the Premises, and, without terminating this Ground Lease Agreement, at any time and from time to time relet the Premises and improvements or any part of parts of them for the account and in the name of the LESSEE or otherwise. Any reletting may be for the remainder of the term or for a longer or shorter period.

LESSOR may execute any leases made under this provision either in LESSOR's name or in LESSEE's name and shall be entitled to all rents from the use, operation, or occupancy of the Premises or improvements or both. LESSEE shall nevertheless pay to LESSOR on the due dates specified in this Ground Lease Agreement the equivalent of all sums required of LESSEE under this Ground Lease Agreement, plus LESSOR's expenses, less the avails of any reletting or attornment. No act by or on behalf of LESSOR under this provision shall constitute a termination of this Ground Lease Agreement unless LESSOR gives LESSEE notice of termination.
c. LESSOR may at LESSOR's election use LESSEE's personal property and trade fixtures or any of such property and fixtures without compensation and without liability for use or damage, or store them for the account and at the cost of LESSEE.
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d. LESSOR shall be entitled to LESSOR's election to each installment of rent or to any combination of installments for any period before termination, plus interest at the rate of 18 percent per year from the due date of each installment. Avails of reletting or attorned subrents shall be applied, when received, as follows: (1) to LESSOR to the extent that the avails for the prior covered do not exceed the amounts due and charged to LESSEE for the same period, and (2) the balance to LESSEE. LESSOR shall make reasonable efforts to mitigate LESSEE's liability under this provision. LESSOR shall be entitled to LESSOR's election to damages in the following sums: (1) all amounts that would have fallen due as rent between the time of termination of this Ground Lease Agreement and the time of the claim, judgment, or other award, 1ess the avails of all relettings and attornments and less all amounts by which LESSOR shall reasonably have mitigated those rental losses, plus interest on the balance at the rate of 12 percent per year, and (2) the "worth" at the time of the claim, judgment, or other award, of the amount by which the unpaid rent for the balance of the term exceeds the then fair rental value of the Premises minus any amounts of rental loss which LESSEE proves could be reasonably avoided. "Worth", as used in this provision, is computed by discounting the total at the discount rate of the Federal Reserve Bank of San Francisco a the time of the Claim, Judgment, or award, plus one percent interest.

25. WAIVER OF DEFAULT
No waiver of default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Ground Lease Agreement shall not constitute a waiver of any preceding default by LESSEE other than default in the payment of the particular rental payment.

26. ASSIGNMENT AND SUBLETTING
The LESSEE may not assign or otherwise transfer this Ground Lease Agreement or sublet any portion of said Premises without the prior written consent of LESSOR.

27. ATTORNEYS' FEES
If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. Non-judicial, alternative dispute resolution is not an action or proceeding for the purpose of this provision.

28. NOTICES
As used in this Ground Lease Agreement, notice includes but is not limited to the communications of notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. No notice of the exercise of any option or election is required unless the provision giving the election or option expressly requires notice. Unless the provision of this Ground Lease Agreement on rent direct otherwise, rent shall be sent in the manner provides for giving notice. a. Writing - All Notices must be in writing, provided that no writing other than the check or other instruments representing the rent payment itself need accompany the payment of rent. b. Delivery - Notice is considered given either (a) when delivered in person to the recipient named as below, or (b) on the date shown on the return receipt after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt 643
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requested, postage and postal charges prepaid, addressed by name and address to the party or persons intended as follows:

Notice to LESSOR: City of Visalia
707 E. Acequia
Visalia, CA 93291
Phone No. 559-713-4466
Copy To:

Public Works Department
7579 Ave 288
Visalia, CA 93277
Notice to LESSEE: _____________________
_____________________
_____________________
_____________________
c. Change of recipient or address - Either party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual person, whether a party or an officer or representative, or to a different address, or both, Notices given before actual receipt or notice of change shall not be invalidated by the change. d. Recipient Named - Each recipient named must be an individual person. If more than one recipient is named, delivery of notice to any one such recipient is sufficient. If none of the recipient named in the latest designation of recipient is available for delivery in person, and if the notice addressed by mail to each recipient named in the latest designation of recipient is returned to the sender undelivered, notice shall be sufficient if sent by mail as above to the party as named in this Ground Lease Agreement, unless the name or identity of the party has changed as permitted in this Ground Lease Agreement and proper notice of the change has been given, in which event the notice shall be sufficient if sent by mail as above to the party named in the latest designating party, and the notice is considered given when the first attempt to give notice was properly made.

29. REGULATIONS AND SPECIAL CONDITIONS
LESSEE shall not conduct, or allow to be conducted upon the Premises, any dangerous or hazardous activities, or any activities considered to be a nuisance to its neighbors.

30. CONSTRUCTION
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or any other provision of this Agreement.

31. BINDING OF SUCCESSORS
Subject to the provisions of this Ground Lease Agreement on assignment and subletting, each and all of the covenants and conditions of this Ground Lease Agreement shall be binding on and shall inure to the 644
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benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties.

32. SURRENDER ON TERMINATION
At the expiration or earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the Premises. Surrender or removal of improvements, fixtures, trade fixtures, and improvements shall be as directed in provisions of this Ground Lease Agreement on ownership of improvements at termination.

LESSEE shall leave the surrendered Premises properly disked, leveled, and cleared of debris and weeds and any other property in good broom clean condition except as provided to the contrary in provisions of this Ground Lease Agreement on maintenance and repair of improvements. All property that LESSEE is required to surrender shall become LESSOR's property at the termination of the Ground Lease Agreement. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR's election, become LESSOR's property at termination. If LESSEE fails to surrender the Premises at the expiration or sooner termination of this Ground Lease Agreement, LESSEE shall defend and indemnify LESSOR for all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding tenant founded on or resulting from LESSEE's failure to surrender.

33. HOLDING OVER
This Ground Lease Agreement shall terminate without further notice at expiration of the term. Any holding over by LESSEE after expiration shall not constitute a renewal or extension or give LESSEE any rights in or to the Premises, except that LESSEE's tenancy shall thereafter be on a month-to-month term with rent being payable on the first day of each month, rental payment being one twelfth (1/12) of the amount of annual rent, and except as otherwise expressly provided in this Ground Lease Agreement.

34. CURRENT AND FUTURE REGULATIONS
This Ground Lease Agreement and all rights conferred thereby shall at all times be subject to current and future regulations governing any and all activities at the Visalia Water Reclamation Facility.

35. MISCELLANEOUS
a. This Ground Lease Agreements contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Ground Lease Agreement has been or is relied on by either party. Each party has relied on his own examination of this Ground Lease Agreement, counsel of his own advisors and the warranties, representations, and covenants in the Ground Lease Agreement itself. The failure or refusal of either party to inspect the Premises or improvements, to read the Ground Lease Agreement or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection or advise.
b. If any provision of this Ground Lease Agreement is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision to this Ground Lease Agreement shall be valid and enforceable to the fullest extent permitted by law.
c. This Ground Lease Agreement shall be binding on and inure to the benefit of the successors, transferees in title, and permitted assignees of the respective parties. 645
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d. This Ground Lease Agreement shall be governed by the laws of the State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Ground Lease Agreement, such party shall not unreasonable delay or withhold its approval or consent.
f. All Riders and Exhibits annexed hereto form material parts of this Ground Lease Agreement. g. Time of the Essence: Time is of the essence in the performance of each provision of this Ground Lease Agreement.
h. Implementation Clause: To carry into full force and effect each and every agreement, condition, covenant and terms contained in this Ground Lease Agreement, each party agrees that he and she will execute and deliver any and all deeds, assignments, releases, receipts and other documents reasonably required by the other without undue delay or expense. i. Cooperation: LESSOR and LESSEE agree to provide any further documentation and to cooperate in any way necessary to carry out the basic intent of the Ground Lease Agreement. j. Venue: The parties agree that the contract is to be performed in Tulare County, and any action arising out of the contract will be venued there or in the Eastern District of the United States District Courts. The parties agree to submit themselves to the jurisdiction of the court in any action relating to this Ground Lease Agreement or the enforcement or interpretation hereof.

LESSEE expressly waives any right to remove any action from Tulare County which he might have pursuant to Section 394 of the Code of Civil Procedure. k. Effective Date: This Ground Lease Agreement shall be and become effective as of the date its execution as set forth above.
l. Waiver: No waiver of any breach of any term, condition or provision of this Ground Lease Agreement shall constitute a waiver of any other breach of any other term, condition or provision. No consent of one party to any departures by the other shall be effective unless such waiver shall be in writing and shall be signed by the non-waiving party or a duly authorized agent thereof and the same shall be effective only for a period, on the conditions and for the specific instances and purposes specified in such writing. No notice to or demand to the nonwaiving party in any case shall entitle the non-waiving party to any other for further notice or demand in similar or other circumstances.
m. Execution in Counterparts: This Ground Lease Agreement may be executed in counterparts, each of which shall be deemed an original, but all which taken together shall constitute but one and the same instrument.
n. Title or Captions: Titles or captions contained in this Ground Lease Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of the Lease or the intent of any provision hereof.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written. 646
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LESSEE
Dated:___________________ By_________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for LESSEE in the capacity I have stated, and that such execution is sufficient to bind the LESSEE.

CITY OF VISALIA
City Manager_________________________________ Date:_______________________ Risk Manager________________________________ Date:______________________ Approved as to Form
City Attorney________________________________ Date:_______________________ 647
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City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291 (559)713-4334
[email protected]

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFP-25-26-15

CITY OF VISALIA OPEN GROUND LAND LEASE
ADDENDUM NO. 1
Issued: February 26, 2026
Submittals Due: Thursday, April 2, 2026, at 1:00 P.M.

Addendum No. 1 is being issued to correct the property location description. This Addendum must be signed and submitted with proposal.

ITEM 1: CORRECTION TO PROPERTY LOCATION DESCRIPTION:

The RFP 25-26-15 document currently provides the following description:

The City of Visalia is soliciting proposals from qualified individuals or entities to lease approximately 408 acres of City-owned open land. The property is located east of State Highway 99 and along State Highway 198 in the City of Visalia, County of Tulare, and is available under a long-term Ground Lease agreement.

The selected lessee will be responsible for managing the Premises in a manner that preserves its condition, complies with all applicable laws, and aligns with the terms of the lease. The Premises includes all land and appurtenances unless otherwise specified. Booster pumps located on the site are excluded from the lease and remain the exclusive property of the City. This lease represents an opportunity for qualified parties to secure use of City-owned land under a mutually beneficial agreement.

And shall hereby be amended to read:

The City of Visalia is soliciting proposals from qualified individuals or entities to lease approximately 408 acres of City-owned open land. The property is located just west of State Highway 99 and south of State Highway 198 in the City of Visalia, near the Visalia Water Reclamation Facility and is available under a long-term Ground Lease agreement. The selected lessee will be responsible for managing the Premises in a manner that preserves its condition, complies with all applicable laws, and aligns with the terms of the lease. The Premises includes all land and appurtenances unless otherwise specified. Booster pumps located on the site are excluded from the lease and remain the exclusive property of the City. This lease represents an opportunity for qualified parties to secure use of City-owned land under a mutually beneficial agreement.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
RESPONDENT to sign and submit with PROPOSAL
Firm: Date:

By:

Bidder’s Signature
648
City of Visalia Open Ground Land Lease RFP-25-26-15
Addendum #2 Page 1 of 2
City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291 (559)713-4334
[email protected]

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFP-25-26-15

CITY OF VISALIA OPEN GROUND LAND LEASE
ADDENDUM NO. 2
Issued: March 27, 2026
Submittals Due: Thursday, April 2, 2026, at 1:00 P.M.

Addendum No. 2 is being issued to respond to questions that have been received. This addendum becomes part of the RFP document and must be signed and submitted with proposal.

ITEM 1: QUESTIONS AND RESPONSES

1. No reclaimed water will be utilized on open ground? Response: Correct. No reclaimed water will be made available to the subject property.

2. Is the reclaimed water used for the adjacent pecan orchard? Response: Currently, yes, reclaimed water is being used on the adjacent pecan orchard, but the City makes no guarantee of ongoing use.

3. Is there a current soil sample? Response: No

4. Is there a base value for crop insurance? Response: No

5. Is it Mid-Kaweah or Greater Kaweah? Response: The subject property is a part of the Mid Kaweah Groundwater Sustainability Agency (MKGSA).

6. Who is responsible for the Fees associated with GSA and If Farmer pays Fees and manages it, will it be transfer to the Farming entity's dashboard account? Response: The Lessee will be responsible for all fees related to net evapotranspiration (ET) on the property. The City does not intend to transfer access to the subject property in the water dashboard, but is willing to consider proposals that ensure groundwater levels are increased in priority areas. Priority areas include the eastern side of Visalia, within the city limits, and/or the subject property.

7. No well available? Response: No well is available, and no groundwater pumping will be permitted.

8. Would it be Ok for a proposer to submit multiple proposed options? Response: Yes

9. Which canal runs along the property? Response: The south fork of Persian Ditch

10. Is it flood release or does it get water? Response: In some years, there may be access to flood release water, but the City makes no guarantee to its availability.

11. What is current crop? Response: Wheat
12: Will ET credits and/or debts go to Lessee or Lessor? Response: Lessee will be responsible for all fees related to net evapotranspiration (ET) on the subject property. Evapotranspiration credits and/or debits may be available to the Lessee depending on the ability to show an increase in groundwater levels in priority areas. The City will not provide groundwater pumping supply, however the City is willing to negotiate and may consider making Native Yield available to the Lessee.
649
City of Visalia Open Ground Land Lease RFP-25-26-15
Addendum #2 Page 2 of 2

13. The current RFP states that irrigation is strictly prohibited. However, if the Lessee is able to provide its own water supply—without impacting the City’s water account or water allocation—would limited irrigation be considered permissible? Under this scenario, the Lessee would:
• Utilize only privately secured water sources
• Ensure there is no impact to the City’s water resources or allocations • Comply fully with all applicable SGMA regulations
• Assume full responsibility for managing and maintaining the water account associated with the parcels
• Cover all costs, fees, and regulatory requirements related to water use This request would likely require an amendment to the RFP to allow minimal irrigation and any necessary modifications to existing water infrastructure, subject to prior City approval.

Response: While the intent under this RFP is to lease the subject property for dry-farming purposes, the City is open to proposals as indicated above that do not require the use of, or have impacts to, the City’s water allocations.

END OF ADDENDUM NO. 2
/s/ Purchasing Division
(559) 713-4334
RESPONDENT to sign and submit with PROPOSAL
Firm: Date:

By:

Bidder’s Signature
650
651
652
Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 25-0829 Agenda Date: 7/20/2026 Agenda #: 18.

Agenda Item Wording:

Notice of Completion - Request authorization to file a notice of completion for Carleton Acres Phase 1A subdivision, located on the north side of Riggin Avenue between Shirk Street and Denton Street; containing 73 residential lots.

Agenda Date: 07/20/2026
Prepared by:

Edelma Gonzalez, Associate Engineer, [email protected], (559) 713-4364, Jason Huckleberry, Engineering & Building Department Director, [email protected] , (559) 713 -4495
Department Recommendation: Staff recommends that City Council authorize the filing of a notice of completion for the Carleton Acres Phase 1A subdivision.

Summary:

All required public improvements for the Carleton Acres Phase 1A subdivision have been completed and are ready for acceptance by the City Engineer. Carleton Acres Phase 1A, developed by Hayes Ranch, LLC, contains 73 single-family residential lots.

The developer has submitted a maintenance bond in the amount of $416,010.78 as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

Background Discussion:

The City Council authorized the recordation of the final map for Carleton Acres Phase 1A subdivision on November 4, 2024. Construction of the required public improvements has been completed in accordance with the approved plans and specifications. The City Engineer has determined that the improvements are complete and ready for acceptance. As required by the California Subdivision Map Act, the developer has submitted a maintenance bond that will remain in effect for one year following recording of the Notice of Completion.

Fiscal Impact including annual maintenance and operating costs: By authorizing this notice of completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Prior Council Action: On November 4, 2024, City Council authorized the recordation of the final map for Carleton Acres Phase 1A subdivision.

Alternatives: No alternatives are provided.

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File #: 25-0829 Agenda Date: 7/20/2026 Agenda #: 18.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of a notice of completion for Carleton Acres Phase 1A subdivision.

Environmental Assessment Status: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418) CEQA Review: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418)
Deadline for Action: 07/20/2026
Attachments: 1. Aerial Map 2. Location Map 3. Final Map 4. Development Disclosure Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 2 of 2 Printed on 7/16/2026
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Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 25-0871 Agenda Date: 7/20/2026 Agenda #: 1.

Agenda Item Wording:

Ordinance Adoption - First reading and public hearing for Ordinance No. 2026-05, adding Chapter

4.04, “Commercial Cannabis Activity” to the Visalia Municipal Code, rescinding Chapter 5.66, amending Chapter 8.64, and approving Zoning Text Amendment No. 2026-01, and adoption of Resolution No. 2026-42, establishing the application and selection process for both storefront and non-storefront retail cannabis business license applications.

Agenda Date: 07/20/2026
Prepared by:

Devon Jones, Economic Development Manager, [email protected], (559) 713-4190 Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation: Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2026-05, adding Chapter 4.04, “Commercial Cannabis Activity” to the Visalia Municipal Code, rescinding Chapter 5.66, amending Chapter 8.64, and approving Zoning Text Amendment No. 2026-01, and adopt Resolution No. 2026-42 establishing the application and selection process for both storefront and non-storefront retail cannabis business license applications.

Summary:

The consultant, HdL, along with staff and the City Attorney’s office, have prepared the Cannabis Ordinance, Ordinance No. 2026-05 (primarily Chapter 4.04), based on input and feedback provided by City Council and Planning Commission in several past work session meetings. The Cannabis Ordinance is currently worded to establish the number of businesses permitted to operate in the City of Visalia at zero; however, the ordinance effectively establishes the regulatory framework for such businesses to operate when Council elects to proceed with permitting such businesses to operate within the City of Visalia at a future date. This is based on prior direction from Council during work session discussions.

Furthermore, the storefront and non-storefront retail cannabis business application and selection processes are detailed in separate Resolution No. 2026-42 for potential adoption as well. Similarly, this has been drafted per prior input received from Council. These processes are unique from the other cannabis business application processes (distributor, manufacturer, microbusiness, processor, delivery only medical marijuana retail, and testing laboratory) because these are the only two business license types that are proposed to have restricted amounts. In both cases, City Council input thus far has suggested three licenses eventually per type but that is to be determined at a future date, if applicable.

Adding Chapter 4.40 “Commercial Cannabis Activity” to the Visalia Municipal Code:

The Cannabis Business Ordinance (see Attachment 1, Chapter 4.40) establishes the regulatory Visalia City Council Page 1 of 8 Printed on 7/16/2026
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The Cannabis Business Ordinance (see Attachment 1, Chapter 4.40) establishes the regulatory framework for commercial cannabis activities within the City of Visalia. The ordinance is crafted based on input from City Council and recommendations from staff and the consultant, HdL.

Highlights of language included in the Cannabis Business Ordinance are as follows:

Chapter 4.04.410
- Hour restrictions of 9:00 A.M. to 9:00 P.M. for retail storefront and non-storefront and delivery services but no stated restrictions on other types of uses beyond retail. Hour restrictions for delivery only medical marijuana retail would follow state law only, which currently restricts from 6:00 A.M. to 10:00 P.M.

Chapter 4.04.170
- Annual terms to expire June 30th to align with the City’s regular business tax term.

Chapter 4.04.100
- Limit number of cannabis business licenses at this time to zero. Council may change this at any time after ordinance adoption by resolution.

Chapter 4.04.340
- Sensitive uses and buffer sizes for retail storefront buffer:
o 600 foot buffer from existing:
§ Churches
§ Parks - not to include open space land use, trails or conservation easements § Schools - K-12, public and private
§ State licensed day care facilities
§ Youth centers (as defined in Section 4.04.060 subsection HH of the Commercial Cannabis Activity Ordinance, which is attached per Attachment 1). o 100 foot buffer from all residential zoning
Chapter 4.04.130
- Application and selection process to be codified by separate resolution.

Chapter 4.04.180
- The City Manager is authorized to make all decisions concerning the issuance of renewal licenses.

Chapter 4.04.250
- Similarly, appeals will be heard by an appointee designated by the City Manager.

Rescind Chapter 5.66 “Regulations and Requirements for Cannabis Businesses to Operate under California State Law (SB 1186):

Chapter 5.66, which pertains to a state mandate to permit delivery only medical marijuana retail businesses as a result of SB 1186, would effectively be outdated, and no longer valid with the creation of a new Cannabis Business Ordinance. To reduce confusion and be efficient and simplified for both staff and potential businesses, provisions in Chapter 5.66 are now incorporated into Chapter

4.04. This will also require some minor edits to Chapter 8.64 to be consistent as well.

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Amending Chapter 8.64:

Similar to Chapter 5.66, changes were made to Visalia Municipal Code (VMC) Chapter 8.64 as a result of SB 1186 that, with this new Cannabis Business Ordinance, would need to be further updated to reduce confusion and properly reference the new Cannabis Ordinance.

Acceptance of Zoning Text Amendment No. 2026-01:

In addition to the ordinance changes as noted above, updates to Chapter 17 (Zoning) are required and were reviewed by Planning Commission at the July 13, 2026 meeting, with a recommendation to support zoning ordinances changes to Chapter 17. As identified in Attachment 4, the proposed edits that have been reviewed by Planning Commission include:

Chapter 17.04 Definitions
- Adding the appropriate Cannabis related business definitions previously discussed with Council.
o Retail storefront and non-storefront.
o Cultivation: Only the ‘Processor’ sub license type which consists of businesses “that only trim, sift, cure, dry, grade, package or label cannabis.” Given Visalia could offer a competitive location to conduct such activities without the potential concerns of the other cultivation use types (water consumption), this type will be considered. o Manufacturing.
o Distribution.
o Testing laboratory.
o Microbusiness: Only to include ‘Processor’ Cultivation sub license type and only nonstorefront Retail use type. Only zoning to consider for Microbusiness use type will be Light Industrial or Industrial.
o Delivery only medical marijuana retail per state mandate.

Chapter 17.25 Zone Use Matrix
- Specific zones where cannabis businesses will be conditionally permitted to operate (all based on prior direction from Council):
o Retail storefront:
§ Conditionally Permitted in Regional Commercial (C-R), Commercial Mixed Use (CMU), and Service Commercial (C-S)
§ However, retail storefronts will not be allowed in the Microbrewery/Microwinery Overlay District (i.e., East Downtown area)
o Non-storefront retail will be conditionally permitted in Light Industrial (I-L) and Industrial (I) zones and specifically in the Visalia Industrial Park Overlay area only. This overlay area will encompass the appropriately zoned property mainly found west of Shirk Street but including the properties along Shirk between Doe Avenue and Grove Avenue. o All other use types that may be allowed in I-L or I zones shall also be restricted to this Visalia City Council Page 3 of 8 Printed on 7/16/2026
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Visalia Industrial Park Overlay.
§ Distributors, Manufacturers, Microbusiness, and Processors o Testing Laboratories will be conditionally permitted in Commercial Mixed Use (C-MU), Professional/Administrative Office (O-PA), Business Research Park (BRP), and I-L and I zones.
o Delivery Only Medical Marijuana Retail will remain permitted by right in the I-L and I zones in order to be in compliance with SB 1186.

Chapter 17.32
- Update being made to properly reference new Chapter 4.04.

Resolution No. 2026-42 Application and Selection Process:

The following structure and required information materials for retail storefront and retail non-storefront cannabis business applications are as follows (see Attachment 2):
- Commercial Cannabis Business Application
- Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement - Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City
- Property Owner Consent/Landlord Affidavit
- Proof Property Ownership or Lease Agreement/Letter of Intent to Lease - Proof of insurability from an Insurance Company
- Zoning Verification Application
- Application Zoning Verification Letter
- Application fee
- Require background checks
Application Evaluation and Review:

Business Plan
- Includes various elements of typical business plans, including in this case, items such as owner qualifications, past performance, budgets and pro forma, proof of capitalization, description of operations.
- Requires demonstration of proof of capitalization in the form of documentation of cash or other liquid assets on hand, letters of credit, or other equivalent assets along with full budget for construction and operation.

Location and Neighborhood Compatibility Plan
- Should include elements typical for the City’s site plan review submittals but also how the Visalia City Council Page 4 of 8 Printed on 7/16/2026
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- Should include elements typical for the City’s site plan review submittals but also how the potential business will proactively address and respond to any neighborhood complaints or concerns (odor control plan, managing traffic, waste management plan, etc.) in order to address neighborhood compatibility.

Safety and Security Plan
- Should consider all possible fire, medical and hazardous situations, as well as all access control, inventory control, cash handling procedures. Complete policy/procedures manuals are not required at this point in the application process however, a great deal of review of the eventual requirements will need to be evident and detail will need to be provided at this stage.

Community Benefits Plan
- Based on prior input from Council and similar forms of development agreement requirements in the area, staff is recommending a minimum cash value of $50,000 or 1% of annual gross receipts, whichever is greater, annually. Here are some examples of what other jurisdictions have required in the area:
o City of Tulare and Valley Pure: One-time payment of $100,000 and annual payments of $50,000 for various projects, plus the annual tax rate. o City of Tulare and Token Farms: 2% of its sales annually to a local nonprofit plus annual tax rate.
o City of Porterville and City Culture Cannabis Club: yearly sum of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater. o City of Porterville and Haven: yearly sum of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater.
o City of Lemoore and NHC Lemoore: Initial licensing fee of $200,000 (unless skate park and splash pad required relocation, in which it was $350,000), annual license fee of $12,860, $24,000 annually in charitable donations in the city, plus annual tax rate. o City of Lemoore and Valley Pure: any business license fees as part of cannabis program, 5% annual tax rate (“Revenue Raising Fee”) to be renegotiated every 3 years, and their fair share of skate park and splash pad relocation project (50%). - Staff is recommending disqualifying applicants if they have had a local cannabis business license suspended or revoked.

Lottery Selection (Merit based selection versus Lottery based selection):

Staff and the consultant, HdL, recommend the selection processes for any such Cannabis related business/use that may require limiting the number of licenses issued (e.g., retail storefront) should ultimately be done via a lottery draw method. This process is recommended in an effort to reduce exposure and risk to potential litigation and to best streamline the lengthy appeals process common with unselected applicants. Although Council expressed support for the “lottery” selection method, but noted their interest in measures to ensure quality applicants for the lottery process resulted in quality cannabis business operators, staff is confident the application and selection process and cannabis business ordinance guidelines presented will best result in quality operators being eligible for selection while also mitigating risk of lengthy appeal processing and litigation.

As drafted, the process includes thorough application requirements and thorough quality assurance review for submitted applications. Doing so establishes a rigorous up-front process to identify Visalia City Council Page 5 of 8 Printed on 7/16/2026
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review for submitted applications. Doing so establishes a rigorous up-front process to identify qualified firms for the lottery draw method while also keeping the process open to all qualified applicants. In addition, there are requirements applicable during the post selection process, or business establishment stage, to help ensure qualified firms are selected. Some of those requirements for retail storefront licensees include:
- All licensees will need to go through Site Plan Review. - Public hearing will occur with the Conditional Use Permit hearing with planning commission. - Selected applicants will have 12 months to acquire Conditional Use Permit, any other entitlements (if applicable), and any necessary building permits and begin construction. o Cannabis business renewal licenses will not be provided to licensees who do not meet this timeframe.
- Selected applicants will also have 24 months to acquire their Certificate of Occupancy for their cannabis business or risk license revocation.
- Additionally, a Cannabis Business License cannot be transferred or otherwise sold within the first 5 years of the date of issuance of the License.
o Further, the owner of a Cannabis Business License shall not transfer ownership or control of the license to another person or entity unless and until the transferee obtains an amendment to the license from the City Manager stating that the transferee is now the licensee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of the ordinance as though the transferee were applying for an original Cannabis Business License. The proposed transferee’s application shall be accompanied by a transfer fee to be determined and the transferee’s application will be treated as a new application.

Fiscal Impact including annual maintenance and operating costs: None at this time. Staff is currently working with HdL to prepare a fee nexus study to determine all applicable fees for cannabis business program that will be brought to Council for consideration in a separate resolution process.

Prior Council Action:
· On March 16, 2026, Council provided additional input re: the establishment of a cannabis business ordinance and corresponding business application and selection review process and authorized amending the existing sole source contract with HdL to provide assistance with the preparation of a fee nexus study to determine all applicable fee amounts in the City’s cannabis business program and appropriated $12,000 from the General Fund for this contract amendment.
· On July 21, 2025, Council provided additional input re: the establishment of a cannabis business ordinance and corresponding business application and selection review process. · On May 5, 2025, Council provided initial input on draft cannabis business ordinance and corresponding business application and selection review process. · On March 3, 2025, Council authorized staff to proceed with drafting a cannabis business ordinance for adoption but during the adoption process, set the number of businesses permitted to operate in the City to zero effectively establishing the regulatory framework for such businesses but not yet permitting such businesses to operate and amend the existing contract with HdL to include the additional scope of work totaling $24,600 and appropriate an Visalia City Council Page 6 of 8 Printed on 7/16/2026
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contract with HdL to include the additional scope of work totaling $24,600 and appropriate an additional $5,000 from the General Fund.
· On July 15, 2024, Council adopted an amended Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot.
· On June 17, 2024, Council conducted the second reading and adoption of Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code to establish a tax on cannabis business activities within the city. · On June 3, 2024, Council conducted the first reading of Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code to establish a tax on cannabis business activities within the city and adopted Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot. · On May 20, 2024, Council authorized staff to present an ordinance to include a local cannabis tax measure for voter consideration on the Tulare County November 2024 General Election ballot.
· On May 6, 2024, Council authorized staff to continue working with HdL to develop a local cannabis tax measure and ballot language to be included on the November 2024 ballot and appropriated $20,000 from the general fund for the development of tax measure informational materials.
· On November 20, 2023, Council conducted the second reading and adoption of Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.25, add Section 17.32.167, amend Chapter 8.64, and add Chapter 5.66 in order to address upcoming state mandated changes as a result of the passage of SB 1186, and to establish objective standards for permitting delivery only medical marijuana retail establishments within the City of Visalia. · On November 11, 2023, Council authorized the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000. · On November 6, 2023, the City Council authorized the City Manager to award a contract to FM3 Research for an amount not to exceed $39,500, with a total budget of $45,000. · On July 17, 2023, Council directed staff to initiate a zoning ordinance update to implement reasonable zoning regulations in response to SB 1186 and hire a consultant, via a sole source contract, to assist staff with the preparation of a potential tax measure specifically for cannabis sales for the 2024 general election and to identify potential revisions to cannabis regulations in Visalia.

Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for the first reading of Ordinance No. 2026-05, adding Chapter 4.04, “Commercial Cannabis Activity” to the Visalia Municipal Code, rescinding Chapter 5.66, amending Chapter 8.64, and approving Zoning Text Amendment No. 2026-01, and adopt Resolution No. 2026-42, establishing the application and selection process for both storefront and non-storefront retail cannabis business license applications.

Environmental Assessment Status: Exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

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CEQA Review: The project is exempt from further environmental review under the CEQA Guidelines section 15061(b)(3), which states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Deadline for Action: 07/20/2026
Attachments:

1. Attachment 1: Ordinance No. 2026-05

2. Attachment 2: Resolution No. 2026-42

3. Attachment 3: July 13, 2026, Planning Commission staff report for ZTA No. 2026-01

4. Attachment 4: Planning Commission Resolution 2026-32

5. Attachment 5: Staff presentation

6. Map 1: Final buffer map

7. Map 2: Visalia Industrial Park Overlay
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Life
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Page 1 of 96 ends

ORDINANCE NO. 2026-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING VARIOUS SECTIONS OF THE VISALIA MUNICIPAL CODE INCLUDING CHAPTER 4.04 IN TITLE 4, ENTITLED “COMMERCIAL CANNABIS ACTIVITY”, RESCINDING CHAPTER 5.66, AMENDING CHAPTER 8.64, AND APPROVING ZONING TEXT AMENDMENT NO. 2026-01, AMENDING TITLE 17 TO INCLUDE CANNABIS RELATED BUSINESS USE TYPES, CITYWIDE.

THE CITY COUNCIL OF THE CITY OF VISALIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 5.66 of the Visalia Municipal Code is hereby rescinded in its entirety.

SECTION 2. Title 4 of the Visalia Municipal Code is hereby amended to add Chapter 4.04 as follows:

CHAPTER 4.04

COMMERCIAL CANNABIS ACTIVITY

4.04.010 Title

4.04.020 Purpose and Intent

4.04.030 Legal Authority

4.04.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter

4.04.050 Compliance with State and Local Laws and Regulations

4.04.060 Definitions

4.04.070 Cannabis Business License Required to Engage in Cannabis Business Activity

4.04.080 Evidence of Cannabis Owners and/or Employees Background Check Required

4.04.090 Personnel Prohibited from Holding a License or from Employment with a Cannabis Business Licensee

4.04.100 Maximum Number and Type of Authorized Cannabis Businesses Licensed

4.04.110 Community Benefits

4.04.120 City’s Reservation of Rights

4.04.130 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications

4.04.140 Exercise of a Cannabis Business License

4.04.150 Scope of Approval

4.04.160 Reapplying for a Cannabis Business License

4.04.170 Term of a Cannabis Business License.

4.04.180 Renewal of Cannabis Business Licenses

4.04.190 Existing Cannabis Business Licensees.
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4.04.200 Revocation of Licenses

4.04.210 Effect of State License Suspension

4.04.220 Effect of State License Revocation

4.04.230 Appeals

4.04.240 Written Request for Appeal

4.04.250 Grounds for Appeal

4.04.260 Appeal Hearing Process

4.04.270 Administrative Hearing and Proceedings

4.04.280 Change in location; Updated Application Form

4.04.290 Transfer of Cannabis Business License

4.04.300 City Business License

4.04.310 Building Permits and Inspection

4.04.320 Authorization from the Planning Division

4.04.330 Right to Occupy and to Use Property

4.04.340 Location and Design of Cannabis Businesses

4.04.350 Limitations on City’s Liability

4.04.360 Records and Recordkeeping

4.04.370 Security Measures

4.04.380 Fees and Charges

4.04.390 General Operating Requirements

4.04.400 Amendments to General Operating Requirements

4.04.410 Operating Requirements for Store Front/Retail Facilities

4.04.420 Operating Requirements for Non-Store Front Retailer

4.04.430 Retailer, Non-Store Front Retailer and Microbusiness Delivery Vehicle Requirements

4.04.440 Operating Requirements for Distributors

4.04.450 Operating Requirements for Testing Labs

4.04.460 Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale of Edible and Other Cannabis Products

4.04.470 Commercial Cannabis Cultivation Prohibited

4.04.480 Operating Requirements for Out-of-City Delivery Services

4.04.490 Permissible Delivery Locations and Customers

4.04.500 Promulgation of Regulations, Standards and Other Legal Duties

4.04.510 Community Relations

4.04.520 Fees Deemed Debt to the City

4.04.530 License Holder Responsible for Violations

4.04.540 Inspection and Enforcement

4.04.550 Violations Declared a Public Nuisance

4.04.010 Title.

This Chapter shall be known as the Commercial Cannabis Activity Ordinance of the City of Visalia.

4.04.020 Purpose and Intent.
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It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate the commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law.

4.04.030 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Sections 50022.1-50022.8 and 50022.10 of the California Government Code, and the provisions of the MAUCRSA.

4.04.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation, of cannabis or cannabis products is expressly prohibited in the City.

4.04.050 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners and/or operators of any commercial cannabis business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.

4.04.060 Definitions.

All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by the MAUCRSA, are hereby incorporated by reference. Definitions appearing in this ordinance are either those that are not covered by state law, pre-date the MAUCRSA, or are outside the scope of Business and Professions Code Section 26001. (A) “Applicant” means a person or entity that submits an application for a Cannabis Business License under this Chapter.
(B) “Cannabis” shall have the same meaning as that appearing in Business and Professions 671

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Code Section 26001(f).
(C) “Caregiver” or “primary caregiver” has the same meaning as that term is defined in Health and Safety Code Section 11362.7.
(D) “City” shall mean the City of Visalia, California and shall include any officer, agent or employee of the City acting in their official capacity on behalf of the City in carrying out the provisions of this chapter.
(E) “City Manager” shall mean the City of Visalia City Manager or their designee. (F) “Commercial cannabis business” or “cannabis business” means any business or operation which engages in medicinal or adult-use commercial cannabis activity. (G) “Cannabis Business License” means a regulatory license issued by the City pursuant to this Chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the City. The initial license and annual renewal of a commercial cannabis business is made expressly contingent upon the business’ ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue. (H) “Cannabis Business Licensee” or “Licensee” means a person or entity that has received a Cannabis Business License from the City as authorized under this Chapter. (I) “Delivery only medical marijuana retail” is a “cannabis business” operated by a state licensed nonstorefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(J) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
(K) “Distributor” shall have the same meaning as that appearing in Section 26070 of the Business and Professions Code, and have been issued, or intends to operate under a Type 11 or Type 13 license from the CA Department of Cannabis Control. (L) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to a licensee and authorized personnel.
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(M) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
(N) “Manufacturer” shall have the same meaning as that appearing in Section 26130 of the Business and Professions Code, and have been issued, or intends to operate under any type of manufacturing license issued by the CA Department of Cannabis Control except for Type 7 as volatile solvent-based cannabis manufacturing uses shall be prohibited. (O) “Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis Business License for cannabis manufacturing from the City of Visalia and, a valid state license as required for manufacturing of cannabis products. (P) “Medical Marijuana” means the use of marijuana for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, which was adopted by California voters as Proposition 215 in 1996, found in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
(Q) “Microbusiness” shall mean a commercial cannabis business that has been issued, or intends to operate under a Type 12 license from the CA Department of Cannabis Control and may not conduct storefront retail activities or any form of cultivation activities other than that of the “Processor” sub license type of the Cultivation licenses issued by the CA Department of Cannabis Control.
(R) “Non-retail business” means a wholesale business which includes cultivation, processing, manufacturing, distribution, and/or testing labs.
(S) “Non-storefront retailer” is a subset of “Retailer” and is a licensed retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.
(T) “Non-volatile solvent” means any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this Chapter, a non-volatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
(U) “Owner” means any of the following:
(1) A person with an aggregate ownership interest of 5 percent or more in the commercial cannabis business, unless the interest is solely a security, lien or 673

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encumbrance.
(2) An individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a commercial cannabis business that is organized as a partnership.
(c) A non-member manager or manager of a commercial cannabis business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
(f) An individual with the authority to execute contracts on behalf of the commercial cannabis business.
(g) When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
(V) “Package” means any container or receptacle used for holding cannabis or cannabis products.
(W) “Park” means all parks and their associated open spaces, park amenities, buildings and recreation centers used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city. (X) “Patient” or “qualified patient” shall have the same meaning as that contained in California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which includes within its definition a person who is entitled to the protections of California Health & Safety Code Section 11362.22.
(Y) “Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
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(Z) “Person with an identification card” shall have the same meaning as that contained in California Health and Safety Code Section 11362.7.
(AA) “Processing” or “Processor” means a business or facility that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.
(BB) “Retailer” or “Storefront Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code. (CC) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a cannabis business, as state law also requires a license or other authorization issued by a local jurisdiction.
(DD) “Testing Laboratory” shall have the same meaning as that appearing in Section 26100 of the Business and Professions Code, and have been issued, or intends to operate under a Type 8 license issued by the CA Department of Cannabis Control. (EE) “Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by California Health and Safety Code Section 109925.
(FF) “Transport” means the transfer of cannabis products from the licensed business location of one state licensee to the licensed business location of another state licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA which may be amended or repealed by any subsequent related State of California legislation. Transport can only be performed by state licensed distributors and does not include deliveries of cannabis or cannabis products.
(GG) "Volatile solvent" means a solvent as defined by Health and Safety Code Section 11362.3(b)(3) as of the effective date of this article and as subsequently amended. (HH) “Youth center” means any:
(1) Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs,
(b) Social service teenage club facilities, and
(c) Must be used for youth activities at least 60 percent of the time in a calendar year.
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(2) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

4.04.070 Cannabis Business License Required to Engage in Cannabis Business.

No person may engage in any cannabis business within the City including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product unless the person meets all of the following requirements:
(A) Possess a valid Cannabis Business License from the City; (B) Possess a valid State of California Seller’s Permit; and (C) Is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis activities, including the duty to obtain any required state licenses.

4.04.080 Evidence of Cannabis Owners and/or Employees Background Check Required. (A) Any person who is an owner, employee or who otherwise works within a cannabis business must be legally authorized to do so under applicable state law. (B) Cannabis business owners, operators, investors, managers, and employees shall be required to submit to a criminal background check for themselves and all persons in their employment.
(C) The City shall conduct criminal background checks which must at a minimum identify the following:
(1) Whether the individual applying for employment has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offenses in other states;
(2) Whether the owner or employee has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or
(3) Whether the owner or employee has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the 676

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Health and Safety Code
(D) Evidence of a conviction of any the offenses enumerated in Section 4.04.080(c) of this Code shall be grounds for denial of employment.
(E) Violation of Section 4.04.080 of this Code shall be grounds for immediate suspension of the business’ operating Cannabis Business License, pending a hearing before the City Manager within 30 days for a final determination of the status of the license. (F) Employee permit required.
(1) Every employee or independent contractor working at a commercial cannabis business or involved in transportation/delivery related services for a cannabis business shall obtain an employee permit. It shall be the duty of the commercial cannabis business to ensure that employee permits are obtained from the Visalia Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.

(2) Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Visalia Police Department perform a background check:
(a) Name, current resident address, and telephone number; (b) Date of birth;
(c) Tax identification number;
(d) Height, weight, color of eyes, and hair;
(e) Photographs for identification purposes;
(f) Be fingerprinted by the Police Department;
(g) Such other identification and information as deemed necessary by the Chief of Police and pertinent to the employee permit;
(h) Authorization for the city, its agents and employees to seek verification of the information contained within the application;
(i) The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.

4.04.090 Personnel Prohibited from Holding a License or from Employment with a Cannabis Business Licensee.
(A) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of 677

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the following actions or notices have been issued for non-compliance, shall not be eligible to obtain a Cannabis Business License from the City or from employment with a Cannabis Business Licensee in the City of Visalia:
(1) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority;
(2) The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of City ordinances, codes, and requirements, and failed to cure the violation in a timely manner;
(3) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
(4) As of [Insert Date], applicant was conducting cannabis activity in the City of Visalia in violation of local and state law.
(B) No person shall be issued a Cannabis Business License to operate if that person enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner, commercial broker or any third party, that is in violation of Sections 4.04.080 and 4.04.090 (A) of this Code.

4.04.100 Number and Type of Authorized Cannabis Businesses Licensed.

Unless and until otherwise established by resolution of the City Council, the allowable number of any and all types of cannabis businesses as defined under Section 26050(a) of the California Business and Professions Code shall be set at zero, with the exception of Delivery only medical marijuana retail businesses which shall not be limited as required by CA Senate Bill 1186, The “Medicinal Cannabis Patients’ Right of Access Act.”
(A) The City Council may at any time by resolution choose to set an allowable number greater than zero for any or all types of cannabis businesses to be licensed to operate within the City, other than manufacturing using any volatile solvent or any commercial cultivation other than the Processor sub license type, as those uses shall be prohibited. (B) The permissive language in this ordinance describing the terms and conditions under which any type of commercial cannabis business may operate shall not be interpreted to allow such businesses unless or until such time as the City Council sets an allowable number greater than zero by resolution as described under Section 4.04.100(A). (C) The City Council shall not allow any person, business or facility that conducts commercial cannabis cultivation other than the Processor sub license type or manufacturing using 678

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any volatile solvent to be licensed to operate within the City other than by amendment to this ordinance.

4.04.110 Community Benefits.
(A) The application procedure process shall include a component on community benefits, which shall be negotiated and agreed to by the City.
(B) Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the City’s approval, if and when a Cannabis Business License is issued. Such terms and conditions shall be in addition to the requirements of this Chapter. (C) Delivery only medical marijuana retail business applicants are not required to execute a Community Benefit Agreement.

4.04.120 City’s Reservation of Rights.

The City reserves the right to reject any or all applications for a Cannabis Business License. Prior to such license issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of license potentially authorized under this Chapter, may be cancelled at any time prior to license issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application.

In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:
(A) The application was received after the designated time and date of the deadline. (B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to the request for a license application, i.e. was substantially incomplete.

4.04.130 Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications.
(A) The City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of cannabis business license applications by resolution. (B) The Procedure Guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications. 679

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(C) The Procedures Guidelines shall include an objective checklist of required documentation to ensure that all applications are complete and have provided all necessary information to meet the required criteria.
(D) The Review Criteria shall include detailed instructions on the methodology to be used for the final selection process to determine which applicants will be granted licenses. (E) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Procedure Guidelines and Review Criteria. (F) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process. (G) A delivery only medical marijuana retail business may be issued their cannabis business license by demonstrating they completed background review requirements and that their proposed business will meet all applicable operational requirements and qualifications identified in Chapter 4.04 for a cannabis business and pay all appropriate fees.

4.04.140 Exercise of a Cannabis Business License.
(A) Each Cannabis Business License issued pursuant to this Chapter shall expire on June 30th following the date of issuance. Cannabis Business Licenses may be renewed as provided in section 4.04.180.
(B) A Cannabis Business License that has not begun operations at a site within Visalia shall be considered conditional and shall be exercised within twelve (12) months of issuance or be subject to revocation under section 4.04.200. Exercised shall be when any of the following occur:
(1) A Certificate of Occupancy has been issued,
(2) The permitted use(s) has commenced on the site, and (3) A City Building Permit or Grading Permit is secured, and construction lawfully commenced.

4.04.150 Scope of Approval.
(A) If a location has not been in regular and continuous operation in the preceding four (4) months, it shall be considered abandoned unless mitigating circumstance occur which was beyond the control of the Licensee and an extension has been authorized by the City Manager.
(B) The approval of a new use shall terminate all rights and approvals of a Cannabis Business 680

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License occupying the same site or location.

4.04.160 Reapplying for a Cannabis Business License.

If an application is denied a license due to a disqualifying factor such as failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed for one (1) year from the date of the denial. This section shall not apply to an approved applicant not awarded a license resulting from the City not selecting them for one of the licenses in the application process.

4.04.170 Term of a Cannabis Business License.

All licenses issued under the provisions of this chapter shall be effective for a period not to exceed one (1) year, other than their initial term which may be shorter or longer to align with the June 30th renewal date. The City Manager may renew a license through the procedures identified in section 4.04.180 of this Code.

4.04.180 Renewal of Cannabis Business Licenses.
(A) All Cannabis Business Licenses shall expire on June 30 of each year and shall require annual renewal. A Cannabis Business License granted to businesses that have not begun operations at a site within Visalia shall be automatically renewed but is subject to revocation if the Cannabis Business Licensee has not completed the requirements stated in section 4.04.140(B) within twelve months of the date the Cannabis Business License was initially issued by the City.
(B) An application for renewal of a Cannabis Business License shall be filed at least sixty (60) calendar days prior to the expiration date of the current license. (C) The renewal application shall contain all the information required for new applications. (D) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal license application, together with any costs incurred by the City to administer the program created under this Chapter.
(E) An application for renewal of a Cannabis Business License shall be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shortertime period which shall be at the discretion of the City Manager. (2) The Cannabis Business License is suspended or revoked at the time of the application.
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(3) The Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager. This does not apply to new cannabis businesses in their first cannabis business license year that may not have yet opened their business.
(4) The Cannabis Business has failed to conform to the requirements of the Cannabis Business License or this Chapter or any regulations adopted pursuant to this Chapter.
(5) The licensee fails or is unable to renew its State of California license. (6) If the state has determined, based on substantial evidence, that the licensee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Business License.
(F) The City Manager is authorized to make all decisions concerning the issuance of a renewal license. In making the decision, the City Manager is authorized to impose additional conditions to a renewal license, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare.

Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.

(G) If a renewal application is denied, a person may file a new application pursuant to this Chapter not sooner than one (1) year from the date of the denial.

4.04.200 Revocation of Licenses.
(A) Cannabis Business Licenses may be revoked for any violation of any state or local laws, and/or rules, and/or standards, policies, procedures, or regulations in this Chapter relating to cannabis.
(B) A Cannabis Business License may be revoked from any Licensee that has not received their Certificate of Occupancy, is open, and operating within 24 months of initial issuance of their Commercial Cannabis Business License.

4.04.210 Effect of State License Suspension.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the State of California or its respective department or division reinstates or reissues the State license.

4.04.220 Effect of State Revocation.
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Revocation of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the State of California or its respective department or division takes appropriate action. Should the state revoke a license, the cannabis business owner may re-apply for a local license at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured.

4.04.230 Appeals.

Appeals relating to denial of an application or other process established by the City Council; to revoke or suspend a license; to deny renewal of an application for a license; or to add conditions to a license shall be conducted as prescribed in this Chapter.

4.04.240 Written Request for Appeal.
(A) Within ten (10) calendar days after the date of a decision of the City Manager to revoke, suspend or deny an initial or renewed license application or to add conditions to a license, an Applicant or Licensee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. (B) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.

4.04.250 Grounds for Appeal.
(A) Denial of Initial License Decision. A hearing officer appointed by the City Manager will hear appeals that address the following issues:
(1) Any deviation from the City’s published Procedure Guidelines and Review Criteria that adversely affected the applicant by altering the outcome of the City’s decision on the Applicant’s application. Examples of appealable deviations are:
(a) Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the Applicant prior to the time the application was submitted; (b) Failure on the part of the City to provide an Applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
(B) Any appeal based upon this Section 4.04.250 must be supported by evidence that the Applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but 683

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appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
(C) A hearing officer appointed by the City Manager shall hear appeals relating to denial of a renewed application, to revoke or suspend a license, or to add conditions to an existing license.

4.04.260 Appeal Hearing Process.
(A) Within ten (10) calendar days after service of the notice of the decision of the City Manager to deny, revoke or suspend a license, to deny a renewed application for a license; or to add conditions to a license, the applicant or licensee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial license application appeal, reasons shall be stated with specificity and shall address the issues outlined in Section 4.04.250 (a). Date of service shall mean the date when a notice or written decision was personally delivered to the Applicant or licensee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal. It should be noted this appeal hearing process is limited to appeals of discretionary actions taken by the City of Visalia under this Chapter 4.04 and does not apply to any appeal related to decisions under the City of Visalia Zoning Ordinance, including but not limited to decisions by the Visalia Planning Commission for a Conditional Use Permit, which are to be addressed under the Zoning Ordinance. (B) The Notice of Appeal shall be in writing and signed by the person making the appeal (“Appellant”), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested. (5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing. 684

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(6) An appeal fee as established by Resolution of the City Council. (C) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, the City Manager’s notice of revocation, nonrenewal, or suspension shall be final.
(D) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
(E) If no appeal is timely filed in the event of a decision of nonrenewal, the Cannabis Businesses License shall expire at the conclusion of the term of the license. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.

4.04.270 Administrative Hearing and Proceedings.
(A) Review by City Manager, Appointed Hearing Officer or Body; Administrative Hearing and Proceedings.
(1) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before the City Manager, hearing officer or body as set forth by the City Council by Resolution.
(2) Upon receipt by the City Clerk of a timely-filed Notice of Appeal pertaining to suspensions, revocations, or non-renewals the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty-five (45) days or as reasonably possible. (3) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“notice of appeal hearing”).
(4) A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City Manager, appointed hearing officer or body may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so.
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(B) At the date, time and location set forth in the Notice of Appeal hearing, the City Manager, appointed hearing officer or body shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
(C) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an Applicant’s application. (3) The issuance of the City Manager’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation. (4) The hearing officer or body may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause.

The hearing officer or body shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense. (6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(D) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Manager, appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager’s notice of decision is final and binding.
(E) Final Decision. Following the conclusion of the administrative hearing, the City Manager, appointed hearing officer or body shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) 686

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specifies the reasons for the decision.
(F) The written decision of the City Manager, appointed hearing officer or body shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(G) A copy of the written decision shall be served by certified, first class mail on the appellant.

If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.

4.04.280 Change in location; updated application form.
(A) If a Licensee at any time desires to change the location where any portion of the licensed activity is conducted, the Licensee shall first submit an updated application form to the City Manager for approval prior to the change in location. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in Sections 4.04.180 and 4.04.280.
(B) Within fifteen (15) calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this Chapter, including any change in the cannabis business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee.

4.04.290 Transfer of Cannabis Business License.
(A) The owner of a Cannabis Business License shall not transfer ownership or control of the license to another person or entity unless and until the transferee obtains an amendment to the license from the City Manager stating that the transferee is now the licensee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Business License). The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The transferee’s application will be treated as a new application, and will be evaluated according to procedures adopted by the City Manager, pursuant to Section 4.04.130, or Resolution by the City Council.
(B) Cannabis Business Licenses issued through the grant of a transfer by the City Manager shall be valid for a period of one year, or until June 30th and shall be renewed in the same manner as a newly issued Cannabis Business License that is conditional on completion of 687

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the requirements described in sections 4.404.140(B), and 4.04.180(A), beginning on the day the City Manager approves the transfer of the license. Before the transferee’s license expires, the transferee shall apply for a renewal license and pay the appropriate fee in the manner required by this Chapter.
(C) A Cannabis Business License shall not be transferred when the City has notified the Licensee in writing that the license has been or may be suspended or revoked. (D) Any attempt to transfer a Cannabis Business License either directly or indirectly in violation of this section is hereby declared a violation of the license and this ordinance.

Such a purported transfer shall be deemed a ground for revocation of the license. (E) A Cannabis Business License shall not be transferred or otherwise sold within the first five (5) years of the date of issuance of the Cannabis Business License. The City Manager may waive this restriction in the case of extenuating circumstances, not related to the amount of cannabis being sold, but which may include but are not limited to unforeseen personal issues of the owners of the business seeking to transfer the Cannabis Business License that make it impossible for them to continue operating in Visalia. The burden to show such circumstances will be on the owners of the business seeking to transfer the Cannabis Business License and the City Manager has the sole discretion in determining whether qualifying circumstances exist.

4.04.300 City Business Tax Certificate.

Prior to commencing operations, a cannabis business shall obtain a City of Visalia business tax certificate, which is separate from and in addition to the requirements for a Cannabis Business License under this Chapter 4.04.

4.04.310 Building Permits and Inspection.

Prior to commencing operations, a Cannabis Business Licensee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement, Planning, and County Health Department approvals, and any other applicable zoning and land use permit(s) and approvals.

4.04.320 Authorization from the Planning Division.

Prior to commencing operations, a Cannabis Business must obtain authorization from the Planning Division certifying that the business is located on a site that meets all of the requirements of Sections 4.04.310, 4.04.330 and 4.04.340 of this Code.

4.04.330 Right to Occupy and to Use Property.
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Prior to the City ’s issuance of a Cannabis Business License pursuant to this Chapter, any person intending to open and to operate a cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the cannabis business on the owner’s property.

4.04.340 Location and Design of Cannabis Businesses.
(A) A cannabis business must meet land use and building standards pursuant to Title 15 and Title 17 of this Code, including:
(1) Conform with the City’s general plan, any applicable specific plan, master plan, and design requirements.
(2) Comply with all applicable zoning and related development standards pursuant to Title 15 and Title 17 of this Code.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by streets and/or alleys adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate. (6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose. (B) A storefront retailer cannabis business must meet the following rules relating to proximity to sensitive uses:
(1) Shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use under Section 4.04.340 (B) (2), and no closer than one hundred (100) feet from any zoned parcel in the City designated as a sensitive use under Section 4.04.340 (B) (3), that is in existence at the time the license is issued.

The distance shall be determined by the horizontal distance measured in a straight line, without regard to intervening structures, as a radius from the primary entrance of the storefront retailer cannabis business to the property line of the sensitive use. (2) Sensitive uses include:
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(a) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
(b) A State licensed commercial daycare center.
(c) A church.
(d) A Youth Center.
(e) Parks
(3) All City Residential use zones (single-family residential and multi-family residential) (4) No storefront retailers shall be permitted in the Micro Brewery/Micro Winery Overlay District
(C) Cannabis businesses permitted to operate in light industrial or industrial zones shall only be permitted in the Visalia Industrial Park overlay. (D) As indicated in VMC Section 17.32.167, Delivery only medical marijuana retail businesses shall not be located Within five hundred (500) feet of any existing or planned public, private, or parochial schools, elementary schools, middle schools, or high schools located either inside or outside of the city limits.
(1) As used in this section, “existing” means existing at the time the license application is submitted. “Planned” means property designated on the general plan of the city for such use, or other official planning documents of the city, or property owned or leased by the city for such use.

4.04.350 Limitations on City’s Liability.

To the fullest extent permitted by law, the City of Visalia shall not assume any liability whatsoever with respect to having issued a Cannabis Business License pursuant to this Chapter or otherwise approving the operation of any cannabis business. As a condition to the approval of any Cannabis Business License, the applicant shall be required to meet all of the following conditions before they can receive the Cannabis Business License:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Visalia, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City ’s issuance of the Cannabis Business License, the City ’s decision to 690

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approve the operation of the cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager.
(C) Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the Applicant’s Cannabis Business License or related to the City ’s approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.

4.04.360 Records and Recordkeeping.
(A) Each owner and operator of a cannabis business shall maintain accurate books and recordsin an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a Cannabis Business License issued pursuant to this Chapter), or at any time upon reasonable request of the City, each cannabis business shall file a sworn statement detailing the number and amount of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each licensee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.
(B) Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the City Manager upon a reasonable request. (C) All cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.

4.04.370 Security Measures.
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(A) A Cannabis Business Licensee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City Manager, these security measures shall include, but may not be limited to, all of the following:
(1) Exterior lighting systems (including motion sensors) for after-hours security as approved by the Police Chief and/or the Building and Engineering Director where applicable.
(2) Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the licensed operations of the cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department. (3) Establishing limited access areas accessible only to authorized cannabis business personnel.
(4) All finished cannabis goods at non-retail cannabis businesses shall be stored in secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss. (5) Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, and that it is compatible with the City’s software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Police Chief at the expense of the licensee. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Police Chief upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means. Internet Protocol address information shall be provided to the Police Department by the cannabis business, to facilitate remote monitoring of security 692

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cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories. (6) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(7) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The licensee shall be required to obtain an alarm permit from the Police Department.
(8) Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building. (9) Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (10) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the cannabis business; or (b) a licensed security professional.
(11) Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable. (12) Each cannabis business shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.
(13) Each cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories. (14) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
(B) Each cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
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(1) Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. (2) Identifies all Managers of the cannabis business and their contact phone numbers. (3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
(5) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the business’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
(C) As part of the application and licensing process each cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency. (D) The cannabis business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.
(E) A cannabis business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager. (2) Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
(a) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
(b) Any other breach of security.
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(F) Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.

4.04.380 Fees and Charges.
(A) No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a cannabis activity. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time. (B) All cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, permit, registration, and other fees required under federal, state, and local law. Each cannabis business shall cooperate with the City with respect to any reasonable request to audit the cannabis business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period. (C) Prior to operating in the City and as a condition of issuance of a business license, the operator of each cannabis facility shall enter into an operational and/or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare. Delivery only medical marijuana retail businesses are not required to enter into a community benefit agreement.

4.04.390 General Operating Requirements.
(A) Cannabis businesses may operate only during the hours specified in the Cannabis Business License issued by the City. Delivery only medical marijuana retail businesses shall abide by any applicable state law restricting hours of operation. (B) Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any cannabis business. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Business License, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. 695

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(D) Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The cannabis business shall ensure that such information is compatible with the City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the licensee.
(E) All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations.
(F) Emergency Contact. Each cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. (G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of Chapter 17.48 Signs, including, but not limited to, seeking the issuance of a City sign permit.
(2) No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited. (4) Signage for cannabis businesses other than storefront retailers shall be limited to that needed for identification only and shall not depict any image of cannabis or cannabis products nor shall it contain any logos or information that identifies, advertises, or lists the services or the products offered. (5) Licensed cannabis businesses shall be prohibited from advertising any cannabis business utilizing a billboard (fixed or mobile), bus shelter, placard, or any type of sign within the City’s jurisdiction that is prohibited under Section 17.48.040 of the VMC. This paragraph is not intended to place limitations on the ability of a cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
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(H) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a cannabis business who is not at least twenty-one (21) years of age.
(2) The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis business.
(I) Odor Control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business. (J) Display of License and City Business License. The original copy of the Cannabis Business License issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the cannabis business in a location readily visible to the public. (K) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, investor, manager, supervisor, employee, contract employee or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Police 697

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Chief or his/her designee(s) for a background check by the City of Visalia Police Department. Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a license to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Police Chief or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Visalia to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a Cannabis Business License is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.
(L) Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.

The cannabis business shall notify the Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner. (M) Permits and other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate pursuant to Section

4.04.330 and all applicable requirements in this Chapter. (N) Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non-compliance issues with City or state requirements.

4.04.400 Amendments to General Operating Requirements.

The City Manager may develop other cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety, and welfare.

4.04.410 Operating Requirements for Store Front/Retail Facilities. (A) No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a license by the City. (B) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 698

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to 20 years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Marijuana Card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. (C) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase.

Doctor recommendations are not to be obtained or provided at the retail location. (D) Uniformed security personnel shall be on-site during all business hours and must have a security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld. Security personnel shall monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. (E) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(F) All restroom facilities shall remain locked and under the control of management. (G) Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this division.
(1) The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises. (2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
(5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, 699

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camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(6) A retail licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
(7) Panic buttons shall be installed in all storefront cannabis retailers with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
(8) Signage for storefront retailers shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
(H) Access to Retailer Premises.
(1) Access to the premises of a retail licensee shall be limited to individuals who are at least 21 years of age.
(2) Notwithstanding Section 4.04.390 (h)(1), individuals who are at least 18 years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail licensee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation. (I) Authorized Sales. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
(J) Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and 700

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if not employed by the retailer, shall be escorted at all times by an employee of the licensee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Police Chief, or their designees upon request. (K) Operating hours of the Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(L) Store Front/Retail Security Requirements. All provisions incorporated within Section

4.04.370 of this Code (Security Measures), are directly applicable to and binding on all cannabis businesses including all Store Front/Retail businesses.

4.04.420 Retailer, Non-Store Front Retailer and Microbusiness Delivery Requirements. (A) Non-Store Front Retailer License Owners and Operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least eighteen (18) years of age and verify that the customer has a valid doctor’s recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of adult-use customers, they must verify that the customer is at least twenty-one (21) years of age. Sales shall only be made to persons matching this criteria.
(B) All Store Front Retailers, Non-Store Front Retailers (delivery) and Microbusinesses which conduct deliveries into or within the City of Visalia shall be required to obtain a license from the City of Visalia in order to conduct retail sales regardless of whether they are located in the City or another local jurisdiction.
(C) Operating hours of the Non-Store Front Retailer License or out of town retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

Delivery only medical marijuana retail businesses shall abide by any applicable state law restricting hours of operation.

4.04.430 Retailer, Non-Store Front Retailer and Microbusiness Delivery Vehicle Requirements.

Prior to commencing delivery operations, a cannabis Retailer, cannabis Non-Store Front Retailer and Microbusiness shall provide the following information to the City:
(A) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
(B) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. (C) Proof of insurance as required in Section 4.04.350(b) for any and all vehicles being used 701

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to deliver cannabis goods.
(D) The licensee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
(E) The licensee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.

4.04.440 Operating Requirements for Distributors.
(A) A distributor shall not store non-cannabis products or non-cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non-cannabis products or non-cannabis accessories at a licensed premises. For the purposes of this section, non-cannabis products are any goods that do not meet the definition of cannabis goods as defined in Title 4, Division 19, Section 15000(i) of the California Code of Regulations.
(B) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing. The determination of which cannabis goods are to be included in the sample for laboratory testing shall be left to the sole discretion of the laboratory employee. (C) A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises. (D) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.
(E) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be videorecorded, and the recording kept available to state and the City for a minimum of 180 days, pursuant to Title 4, Division 42, Section 5305 of the California Code of Regulations. (F) A distributor shall not transport cannabis or cannabis products to a licensed or permitted retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Division 19, Sections 15705, 15710 and 15714 of the California Code of Regulations.

4.04.450 Operating Requirements for Testing Labs.
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(A) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each Testing Lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.
(B) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
(C) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Department of Cannabis Control. (D) Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Department of Cannabis Control unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Department of Cannabis Control.
(E) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.
(F) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee or permittee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed or permitted premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.
(G) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party, licensee or permittee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.

4.04.460 Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale of Edible and Other Cannabis Products.
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(A) Cannabis manufacturing shall only be licensed pursuant to Section 4.04.460 of this Code or any subsequent created manufacturing state license as defined in MAUCRSA and may be licensed to operate only within those zone districts as defined in the City’s Municipal Code.
(B) Any compressed gases used in the manufacturing process shall not be stored on any property within the City in containers that exceeds the amount which is approved by the Visalia Fire Department and authorized by the regulatory permit. Each site or parcel subject to a Cannabis Business License shall be limited to a total number of compressed gas tanks as authorized by the Visalia Fire Department on the property at any time. (C) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
(D) If an extraction process uses a professional grade closed loop CO₂ gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in Section

4.04.450(f). The CO₂ must be of at least ninety-nine percent purity. (E) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number. (F) Certification from an engineer licensed by the State of California, or by a certified industrial hygienist, must be provided to the Building and Engineering Department for a professional grade closed loop system used by any cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
(1) The American Society of Mechanical Engineers (ASME); (2) American National Standards Institute (ANSI);
(3) Underwriters Laboratories (UL); or
(4) The American Society for Testing and Materials (ASTM) (G) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified. (H) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference 704

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Codes.
(I) Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. (J) Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
(K) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets to handle, and store the solvents and gases safely. (L) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.

4.04.470 Commercial Cannabis Cultivation Other Than Processor Sub License Prohibited. (A) Commercial cannabis cultivation of all kinds, including Outdoor, Mixed-Light or Indoor Cultivation, other than the Processor sub license type as defined by the California Department of Cannabis Control, shall be prohibited within the City and shall not be allowed other than by amendment to this ordinance.
(B) Processor uses may conduct activities such as trimming, sifting, curing, drying, grading, packaging or labeling cannabis but not the growing of any amount of cannabis.

4.04.480 Operating Requirements for Out-of-City Delivery Services.

Prior to commencing operations, a cannabis out-of-City delivery service shall comply with the following requirements:
(A) Obtain from the City a business tax certificate authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this tax certificate shall be retained by all drivers.
(B) The retail business operating the delivery service shall provide the City Manager with evidence of a valid state license for a cannabis business on whose authorization the delivery service is performing the delivery function.
(C) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. 705

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4.04.490 Permissible Delivery Locations and Customers.

Cannabis delivery businesses licensed to engage in delivery of cannabis and cannabis products inside the City of Visalia are subject to the following requirements:
(A) A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. (B) A licensed cannabis business shall comply with all requirements of state and local law pertaining to the Cannabis Business License and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to time in order to enforce this Chapter.
(C) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location licensed by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.

4.04.500 Promulgation of Regulations, Standards and Other Legal Duties. (A) In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Business Licenses, the ongoing operation of cannabis businesses and the City 's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.
(B) Regulations shall be published on the City’s website. (C) Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

4.04.510 Community Relations.
(A) Each cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis business can be provided. Each cannabis business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the cannabis business.
(B) During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each cannabis business holding a license issued pursuant to this Chapter shall attend meetings with the City Manager, and other 706

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interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such cannabis business shall meet with the City Manager when and as requested by the City Manager.
(C) Cannabis businesses to which a license is issued pursuant to this Chapter shall develop a City approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.

4.04.520 Fees Deemed Debt to the City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.

4.04.530 License Holder Responsible for Violations.

The person to whom a license is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the licensee or any employee or agent of the licensee, which violations occur in or about the premises of the cannabis business whether or not said violations occur within the license holder’s presence.

4.04.540 Inspection and Enforcement.
(A) The City Manager, or designee charged with enforcing the provisions of the City of Visalia Municipal Code, or any provision thereof, may enter the location of a cannabis business at any time, without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
(B) It is unlawful for any person having responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law.
(C) The City Manager, or designee charged with enforcing the provisions of this Chapter may enter the location of a cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any 707

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samples obtained by the City of Visalia shall be logged, recorded, and maintained in accordance with established procedures by the City of Visalia’s City Manager or these regulations.

4.04.550 Violations declared a public nuisance.

Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this Chapter.

SECTION 3. Chapter 8.64.

Chapter 8.64 of the Visalia Municipal Code is hereby amended as follows. Changes to City of Visalia Municipal Code, are specified by underline and italics for additions and strikeout for deletions.

8.64.010 Purpose and intent.

A. It is the purpose of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents within the city by restricting the public use and consumption of marijuana; prohibiting, to the maximum extent permitted under the state law, the commercial cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana within the City of Visalia; and by regulating the individual cultivation of marijuana. This chapter is intended to prohibit these activities to the maximum extent possible by a local agency as authorized under the state law, specifically the Compassionate Use Act, Proposition 215, passed in 1996, the Adult Use of Marijuana Act, Proposition 64, passed in 2016, and the Medicinal Cannabis Patients’ Right of Access Act, Senate Bill 1186, passed in 2022.

8.64.020 Definitions.

Definitions set forth in Visalia Municipal Code Chapter 4.04 regulating Commercial Cannabis Activity are also applicable. All definitions set forth in Health and Safety Code Sections 11362.5 and 11362.7 et seq. and Business and Professions Code Section 26001, as may be amended, including but not limited to the terms “person with an identification card”, “primary caregiver”, “qualified patient”, “customer,” “delivery,” “license,” “manufacture,” and “identification card” shall apply under this chapter in addition to the definitions set forth as follows:
“Commercial marijuana activity” shall mean the same as “commercial cannabis activity” under Business and Professions Code Section 26001(l), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products as provided in Business and Professions Code Division 10, regulating the cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana and marijuana products for medical or non-medical purposes, but shall not refer specifically to “delivery only medical marijuana 708

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retail” as defined separately below or the deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

“Cultivation of medical marijuana” means the cultivation of marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Delivery” means the commercial transfer of marijuana or marijuana products to a customer and includes the use of a retailer of any technology platform owned and controlled by the retailer.
“Delivery only medical marijuana retail” is a “cannabis business” operated by a state licensed nonstorefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include industrial hemp as that term is defined in Health and Safety Code Section 11018.5 or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
“Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
“Medical Marijuana” means the use of marijuana for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, which was adopted by California voters as Proposition 215 in 1996, found in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Private residence” means a house, an apartment unit, a mobile home, or similar dwelling. 709

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“Sell,” “sale,” and “to sell” includes any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.

8.64.040 Regulations applicable to individual cultivation of medical marijuana.

A. No person shall possess, plant, cultivate, harvest, dry, or process marijuana plants or possess marijuana products produced by the plants unless each of the following conditions are met:

1. Such cultivation occurs entirely within a single private residence of upon the grounds of that private residence at one time.

2. Such cultivation occurs within a fully enclosed and adequately secured building (as that term is defined in Title 17 of the Visalia Municipal Code) having at least four solid walls and roof of masonry, metal or wood, and standard locks, but not within any portion of a building or structure dedicated to living space.

3. The building within which such cultivation occurs, and any improvements within such building, meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves have been properly permitted and inspected.

4. Cultivation shall be limited to no more than six living plants per private residence, which includes the grounds and any accessory structures.

5. Cultivation under this code section does not constitute the establishment of a medical marijuana business requiring a Cannabis Business License under Visalia Municipal Code Chapter

4.04. dispensary in violation of Section 8.64.050.

6. Any chemicals or other materials used in such cultivation are used in a manner that is consistent with any applicable rules and regulations pertaining to chemical or material handling and storage, and no hazardous materials are maintained or allowed to exist on the premises.

7. The living plants and any marijuana produced by the plants in excess of 28.5 grams, as permitted by Health and Safety Code Section 11362.1, or as that section may be amended, must be kept within the person’s private residence, or upon the grounds of that private residence, in a locked space and must not be visible by normal unaided vision from a public place.

8.64.050 Commercial marijuana activity prohibited.

Commercial marijuana activities are regulated under Visalia Municipal Code Chapter 4.04. 710

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A. Commercial marijuana activities are prohibited within the City of Visalia with the exception of:

1. Deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.

2. Delivery only medical marijuana retail establishments that meet reasonable zoning restrictions and development and operational standards as identified in Chapter

8.64.055, Chapter 5.66 and Chapter 17.32.167.

B. This subsection does not apply to delivery services that are using public roads to travel through the City of Visalia as permitted under state law, although such delivery services must comply with all other state laws and local ordinances as applicable.

8.64.055 Delivery only medical marijuana retail.

A. As authorized by the Medicinal Cannabis Patients’ Right of Access Act, California Senate Bill 1186, passed in 2022, a delivery only medical marijuana retail dispensary as defined in subsection B., and developed and operated in accordance with the development and operational standards as defined in Chapter 5.66 and Chapter 17.32.167 may be established within the City of Visalia. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized or prohibited by the laws of the State of California as set forth in the Health and Safety Code, Penal Code, or other state law, or by any federal law, provided such possession, use or cultivation otherwise complies with any applicable provisions of the Visalia Municipal Code.

B. A delivery only medical marijuana retail dispensary is any facility or location operated by a state licensed nonstorefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.

8.64.060 Violations of chapter.

A. Any violation of Section 8.64.040 or Section 8.64.050, whether enforced through civil, criminal or administrative enforcement, shall be subject to a fine of one thousand dollars ($1,000) per day of violation. For purposes of administrative enforcement pursuant to Chapter

1.13 of the Municipal Code, the penalty provided by this section is hereby adopted as an alternative administrative penalty consistent with Section 1.13.050(D).

B. In addition to any other enforcement means provided by this Municipal Code or by state law, any violation of any provision of this chapter is hereby declared a public nuisance subject 711

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to abatement pursuant any applicable provision of this Municipal Code and pursuant to state law, and, among other enforcement means, shall be subject to an inspection and abatement warrant obtained pursuant to the provisions of California Code of Civil Procedure Section 1822.5.

SECTION 4. Zoning Text Amendment No. 2026-01.

WHEREAS, Zoning Text Amendment No. 2026-01 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance) based on the adoption of a Cannabis Business Ordinance, allowing various Cannabis related business types to operate within the City of Visalia, with the specific amendments applying City-wide, as contained in Exhibit “A” of this Ordinance; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 13, 2026; and WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on July 20, 2026, and introduced said Ordinance for first reading on that date.

WHEREAS, the proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

WHEREAS, that the proposed Zoning Text Amendment is not inconsistent with any other Element of the General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs the project is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3), which states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Visalia finds that the Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious 712

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to properties or improvements in the vicinity.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

That Zoning Text Amendment (ZTA) No. 2026-01, is approved, as contained in Exhibit “A” of this Ordinance, in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.

SECTION 5. CEQA. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption) as the proposed ordinance will not in and of themselves have an effect on the environment.

SECTION 6. Severance. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 7. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 8. Effective Date. This ordinance shall become effective thirty days from the date of adoption.
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Zoning Text Amendment No. 2026-01
Ordinance No. 2026-05
EXHIBIT “A”
Section 1. The Visalia Municipal Code shall be changed as follows.

Section 2. Chapter 17.04 regarding new or modified definitions.

Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.

Section 17.04.030 Definitions.

The definitions set forth in this chapter shall apply to this title. "Affordable housing" means, under state and federal statutes, housing that costs no more than thirty (30) percent of gross household income. Housing costs include rent or mortgage payments, utilities, taxes, insurance, homeowner association fees, and other related costs. ''Agricultural employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008.5, specifically meaning housing occupied by an employee of an agricultural employer, as defined in Section 1140.4 of the Labor Code, or by a farm labor contractor, as defined in Section 1682 of the Labor Code. "Alley" means a public way reserved as a secondary means of vehicular access to abutting property that is twenty-four (24) feet in width or less. "Alter" means to do work that does not result in enlarging a building but that will prolong the life of the structure.
“Animal Day Care Facility” means an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.
“Animal Hospital” means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non-emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.
"Auction House" means an establishment where the real or personal property of others is sold by a broker or auctioneer to persons who attend scheduled sales or events. 714

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"Bail Bonds" means a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
“Battery Energy Storage System” means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.
"Boarding/Rooming house" means a dwelling in which lodging and meals are provided for compensation for more than three but not more than fifteen (15) persons not including members of the principal occupant's immediate family. Nursing homes as defined in this section are specifically not included.
"Block" means the properties abutting on one side of street and lying between intersections or between an intersection and the end of a street.
"Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property. “Cannabis Distributor” means a business operating legally under appropriate CA Department of Cannabis Control licensing that moves cannabis and/or cannabis products between cultivation, manufacturing, distribution, or retail premises that may store such products and arrange for testing of such products.
“Cannabis Manufacturer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that manufactures cannabis containing products by state licensed methods except for volatile solvent-based extraction, as that use is prohibited. “Cannabis Microbusiness” means a business operating legally under a Type 12 CA Department of Cannabis Control license that does not conduct storefront retail activities, manufacturing by volatile solvent-based extraction, or any form of cultivation activities other than that of the “Processor” sub license type of the Cultivation licenses issued by the CA Department of Cannabis Control.
“Cannabis Non-storefront Retailer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls. “Cannabis Processor” means a business operating legally under appropriate CA Department of Cannabis Control licensing that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products. “Cannabis Storefront Retailer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that sells cannabis and/or cannabis products to the public from a physical storefront location, which can include delivery service. 715

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“Cannabis Testing Laboratory” means a business operating legally under appropriate CA Department of Cannabis Control licensing that test cannabis goods prior to sale at a retailer. “Car Sales” means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.
"Check Cashing Facility" means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, payday advances, warrants, drafts, money orders or other commercial paper serving the same purpose. "Check cashing facility" does not include a State or Federally chartered bank, savings association, credit union or industrial loan company. "Check cashing facility" does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money order for minimum flat fee as a service that is incidental to its main purpose or business.
“Clinic” means a medical facility that operates as an urgent care or walk-in clinic, or is a multidisciplinary or specialty cmedical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals. “Clothing Imprinting” means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.
“Commercial Bakery” means an establishment that is primarily engaged in manufacturing bread, bread-type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.
“Commercial Kitchen” means a facility equipped to prepare food or meals to be delivered offsite to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.
"Communications equipment building" means building housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without personnel. This definition does not apply to wireless telecommunication facilities and ancillary structures, and associated buildings, equipment, poles, towers, and lattice structures. 716

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"Convalescent Home." See nursing home.
“Convenience Stores” Means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section 8.46.030, shall be subject to the definition of “Tobacco Shop.” Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section 17.04.030. "Craft distillery" means an establishment that produces distilled spirits in quantities totaling less than 100,000 gallons per year that are served on site and/or sold for off-site consumption.

Service and sale of distilled spirits must be in conjunction with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of brewed beverages may be conducted with or without the service of food. Micro-distillery, boutiquestyle distillery, and artisan distillery are included in this definition. "Dwelling" means a structure or portion thereof designed for or occupied for residential purposes excluding automobiles, trailers, hotels, motels, labor camps, tents, railroad cars, converted transit vehicles or any type of temporary structure. "Dwelling, multi-family" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family.
"Dwelling unit" means one or more rooms with cooking facilities designed for occupancy by one family for living and sleeping purposes.
"Dwelling unit, accessory" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling situated.
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Employee housing" shall have the same meaning as that term is defined in California Health and Safety Code Section 17008, specifically meaning any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:

1. The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or 717

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more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.

2. The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.
“Escape Room” means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.
“Event Centers” means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.
"Family" means:

1. Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]; or

2. An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind [California]. "Farmer's market" means two or more farm-producers that sell their own agricultural products directly to the general public at a fixed location, which includes fruits and vegetables, meat, fish, poultry, dairy products, and grains.
"Fast food restaurant" means an establishment that offers quick food service for consumption on or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
"Fast food restaurant with drive-through" means an establishment that offers/delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages for consumption either on or off the premises. "Floor area, gross" means the total horizontal area in square feet of the several floors of a structure, including interior balconies, mezzanines, carports, and basements, but not including the area of the inner courts.
"Frontage, primary" means that portion of a parcel that is adjacent to the public right-of-way.

For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel. 718

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"Frontage, secondary" means on a corner lot, that portion of a parcel that is adjacent to a public right-of-way that is not the primary frontage.
“Galleries” mean an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.
"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles. "Garage, front-loading" means a garage or carport whose entry door/opening is facing the front lot line of the lot upon which it is located.
"Garage, repair" means a structure or a part thereof where motor vehicles are repaired or painted.
"Garage, side-loading" means a garage or carport whose entry door/opening is facing a side lot line of the lot upon which it is located.
"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof.
"Gasoline service" means an operation that dispenses gasoline and motor fuel in conjunction with a companion permitted use or a self-service operation. "Guest house" means living quarters within an accessory structure for use by temporary guests of the occupants of the premises having no cooking facilities and not rented or otherwise used as a separate dwelling.
“Heavy Manufacturing” means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery. “Hobby/Craft Manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
"Home occupation" means any conduct of pecuniary gain by an art or profession; the offering of a service or conduct of a business, or handicraft manufacture of products within or from a dwelling in a residential zone that is clearly incidental and secondary to the use of the structure for a dwelling purpose and that does not change the character of the residential use. "Hotel" or "motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites, and/or meeting rooms (not to exceed 719

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three thousand five hundred (3,500) square feet in area), for the accommodation of transient occupants, provided that not more than fifty (50) percent of the guest units have kitchen facilities.
"Hospital, general" means a facility staffed and equipped to provide various types of intensified hospital care including, but not limited to, short- term care in acute medical, surgical and obstetrical services.
"Hospital, specialized" means a hospital, sanitarium, rest, nursing, or convalescent hospital care including, but not limited to, short-term care in acute psychiatric, drug addiction, or alcoholism cases or other specific illnesses.
"Household hazardous waste collection center" means city and county operated household hazardous waste collection center, a facility operated by the city and county for the collection, sorting, packing, storage and shipment of small quantities (less than five gallons or fifty (50) pounds per delivery) of hazardous wastes generated in the home. Such a facility would be operated with a state approved operating plan and would require approval of the city fire marshal. The facility would serve to implement the household hazardous waste recommendations of the approved Tulare County hazardous waste management plan. Such a facility would occupy an area of not more than five hundred (500) square feet, and would not use power driven processing equipment. The facility must be located over five hundred (500) feet from existing residential uses. Waste materials collected would include, but not be limited to: pesticides, cleaners and polishes, oil-based paints, hobby supplies and other household items considered hazardous as a result of flammability, corrosiveness, toxicity or reactivity.

Items such as used motor oil and lead-acid batteries would be collected for recycling. "Household pets" means animals or birds ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, pigeons (except as provided in Section 17.32), game birds, fowl that normally constitute an agricultural use, poisonous reptiles, and bees. Rodents and rabbits shall not exceed four per property.
“Indoor Amusement Facilities” means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.
"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, used lumber yards and the like; excepting a site on which such uses are conducted within a completely enclosed structure and excepting vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of 720

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used cars or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. “Kennel” means an establishment where dogs, cats, or other small domestic animals are boarded, trained, or bred.
“Light Manufacturing” means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples of assembling include but are not limited to the production of the following: computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly. "Liquor store" means a retail establishment designed and operated for the primary purpose of selling alcohol. Food stores and convenience markets for which sales of food comprise the majority of gross sales, but also sell alcohol, shall not be considered as a "liquor store." "Live Entertainment" means the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (I) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy;(iii) dance;(iv) magic act;(v) disc jockey; or (vi) similar activity.
"Lodge" or "club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render service carried on as a business.
"Lot, corner" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees. "Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.
"Lot, through" means a lot having frontage on two parallel or approximately parallel streets. "Lot line, front" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street. "Lot line, rear" means the line opposite the front lot line. "Lot line, side" means any lot line other than a front or rear lot line that intersects a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. 721

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"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. "Low barrier navigation center" shall have the same meaning as that term is defined in California Government Code Section 65660, specifically a housing first, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following.

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Market-rate housing" means housing that is available on the open market without any subsidy. The price for housing is determined by the market forces of supply and demand and varies by location.
"Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.
"Material" means any item that serves as crude or raw matter to be used or developed in conjunction with business or use.
“Media Studio” means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above. "Medical Office" means a medical facility that operates as an appointment-based medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment may be provided by one or more of the following: physician, dentist, optometrist, physical therapist, chiropractor, psychiatrist, psychologist, or similar health care professional.
"Mobile home" means a structure exceeding eight feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom, and living facilities, designed for use as a single-family dwelling unit when connected to appropriate utility lines, and has no foundation other than wheels or temporary stabilizing units. "Mobile home park" means any parcel, or contiguous parcels of land under single ownership designed or intended to be used to accommodate mobile homes on permanent or semipermanent bases regardless of whether or not a charge is made for such accommodations. 722

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"Mobile home site" means any portion of a mobile home park designated for the occupancy of one mobile home and approved on-site structures in connection with such occupancy. "Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
“Museum” means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events. "Nursery school" means the use of a site or portion of a site for organized programs devoted to the education or day care of ten or more pre-elementary school age children other than those resident on the site.
"Nursing home" means a structure operating as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. "Office" means a room or building where a particular kind of business or service for others is transacted but not including infrequent or occasional services rendered from a home. "Office, main" means the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted. "Office, temporary" means the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.
"Patient" means any person who is under medical observation, care or treatment and shall include the following:
"Patient, ambulatory" means a person who is capable of demonstrating the physical ability and mental competence to leave the facility without the assistance of any person in case of an emergency.
"Patient, chronic or long-term" means a person with a prolonged illness, injury or disease including mental illness or mental or behavior disorder or other competent or incompetent person requiring an extended period of medical care and treatment. "Patient, mentally retarded" means a person with a mental impairment who requires nursing care, protective supervision, training, or other services. "Patient, short-term" means a person who is under medical observation, care or treatment of a short period of time and generally considered to be ambulatory. 723

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Visalia City CouncilJuly 20, 2026

Visalia City Council
July 20, 2026