“Personal Services” Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.
"Planned neighborhood commercial center" means a facility to provide for convenience shopping in the residential neighborhoods planned and controlled to the extent that any such areas will provide the vital services to the neighborhood in which it is located. "Porte Cochere" means a roofed structure extending from the entrance of a building over an adjacent driveway to shelter those entering or exiting a vehicle, or a passageway through a structure designed to let vehicles pass from the street to an interior courtyard. “Professional Office” means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field. Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.
“Professional Office with Social Services” means a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter. “Prototype Manufacturing or Makerspace” means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to threedimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery. "Public utility service yard" means an area for the storage of public utility vehicles and material and office facilities for installation, maintenance and construction personnel. "Quasi-public use" means any use that is listed as a conditional use within the R-1 zone. 724
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of a main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located. "Recreational Vehicle." See travel trailer.
"Raw materials manufacture" means asphalt paving & roofing materials manufacture; concrete, gypsum & plaster products manufacture; cotton processing/cotton gins; glass manufacturers (crushing, melting, pressing, blowing, shaping); graphite refractories; tile & brick manufacturers; metal reduction, smelting, refining (steel mills, blast furnaces); mineral product manufacture (crushing, grinding, pulverizing); paper mills; plastic & rubber compounds; sawmills & planing mills; and similar raw materials manufacturing uses. "Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.
Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. "Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
1. Collection Facility. A collection facility means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated in "Recycling Facilities Criteria and Standards," as adopted or modified by resolution of the council of the city of Visalia. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities that occupy an area of not more than five hundred (500) square feet, and are limited to handling only California CRV redeemable beverage containers, and may include:
1. A mobile unit,
2. Bulk reverse vending machines occupying more than fifty (50) square feet,
3. Kiosk type units that may include permanent structures,
4. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that may occupy an area of more than five hundred (500) square feet and may include permanent structures.
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2. Processing Facility. A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers;
b. A heavy processing facility means any processing facility other than a light processing facility.
"Rest Home." See nursing home.
"Residential boarding facility" means a building or group of buildings containing individual rooms for the accommodation of residents and having a common kitchen facility. “Residential Unit Reoccupation” means a single-family dwelling, situated in a non-residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.
"Reverse vending machine(s)" means an automated mechanical device that accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
"Senior citizen residential development" means a residential development developed, substantially rehabilitated, or substantially renovated, for persons fifty-five (55) years of age or older, wherein all of the occupied dwelling units are occupied by at least one person who is fifty-five (55) years of age or older. This definition does not include nursing homes or other types of housing communities where nursing, dietary, or other personal services are provided. "Sensitive Receptor" means a location, place or facility that contains people that have an increased sensitivity to air pollution or other environmental contaminants. Sensitive receptor 726
locations may include, but are not limited to, schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). "Service station" means a place that supplies gasoline, diesel or other motor fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and replacement ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning. "Shopping center" means two or more attached uses that are located on same property and jointly use ancillary facilities.
"Shopping center, major" means two or more uses located upon a site of ten acres or more with the major tenant occupying thirty thousand (30,000) square feet or more. "Sign." See Chapter 17.48.
"Single room occupancy" means a living unit that has a gross floor area of between 120 and 220 sq. ft., typically that is furnished, with or without individual bathroom or kitchen facilities, that is intended for long term occupancy by their tenant or tenants. "Sit down restaurant/café" means an establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state. Customers are normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed. "Site" means a usable parcel of land.
"Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the horizontal distance between the front and rear lot lines of a site measured along a line midway between the side property lines. "Site width" means the horizontal distances between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
"Smoke Shop/Tobacco Store" means any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
"Stable" means an accessory structure including but not limited to corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and that are not kept for remuneration, hire, or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or displayed preliminary to slaughtering, shipping or resale. "Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, that affords the principal means of access to abutting land. 727
"Structure" means anything constructed or erected that requires location on the ground, including a building but not including a fence or a wall used as a fence that is seventy-two (72) inches in height or lower, or poles and appurtenances thereto used for the provision of public utilities as specifically excepted from the provision of this title pursuant to Section 17.02.040. "Structure, accessory" means a detached subordinate structure located on the same site with the main structure or the main use of the land; attached structures open on three sides or more.
"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (as the term "target population" defined in Government Code Section 65582(i)), and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Transient occupancy" means occupancy, or entitlement to occupancy, by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
"Travel trailer" means any vehicle that at no time exceeds eight feet in width at its widest point and is less than forty (40) feet in length at its longest point, and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, that is intended for permanent or semi-permanent use and that has no foundation other than wheels and temporary stabilizing units.
“Tutoring Center” Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030. "Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged on for which either a site or structure is or may be occupied or maintained.
"Vehicle wrecking yard" means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor 728
vehicles that have not been capable of operating under their own power for thirty (30) days or more, or in the case of vehicles not self-propelled, that have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a vehicle wrecking yard.
“Vocational or other Specialized Schools – Non-industrial Trades” means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades.
This definition applies to schools that are owned and operated privately for profit, or not-forprofit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use. “Vocational or other Specialized Schools – Industrial Trades” means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
"Yard, front" means an area back from and parallel to the front property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, rear" means an area back from and parallel to the rear property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, side" means an area back from and parallel to the side property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
(Ord. 2022-04 (part), 2022; Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017: Ord. 2015-01 § 1, 2015: Ord. 2012-10, 2012: Ord. 2012-02, 2012: Ord. 2004-20 (part), 2004: Ord. 2000-01 §§ 2, 3, 2000: prior code § 7220)
Section 3. Chapter 17.25 regarding new, modified, or deleted Zone Use Table line items.
In this section, changes are specified by underline for additions and strikeout for deletions.
Section 17.25.030 Commercial, Office, and Industrial Zone Use Table. 729
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Section 4. Chapter 17.32 regarding new or modified Special Provisions.
17.32.167 Delivery only medical marijuana retail.
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F. Other Delivery only medical marijuana retail standards Delivery only medical marijuana retail establishments must also meet all requirements of Chapter 4.04 – Commercial Cannabis Activity5.66 - Regulations and Requirements for Cannabis Businesses Permitted to Operate Under California State Law.
Section 5. CEQA. The project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 7. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section 8. Effective Date. This Ordinance shall take effect thirty days after its adoption.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 764
RESOLUTION NO. 2026-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, PURSUANT TO VISALIA MUNICIPAL CODE SECTION 4.04.130 ADOPTING RULES, POLICIES AND
PROCEDURES FOR COMMERCIAL CANNABIS STOREFRONT RETAIL AND
COMMERCIAL CANNABIS NON-STOREFRONT RETAIL BUSINESS LICENSE APPLICATIONS.
WHEREAS, Section 4.04.130 of the Visalia Municipal Code calls for the City Council to adopt by resolution rules, policies and procedures consistent with the intent and spirit of Chapter 4.04 concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process, pertaining to commercial cannabis licensing; and
WHEREAS, the purpose of this Resolution is to adopt the rules, policies and procedures required by VMC Section 4.04.130.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia, hereby approves and adopts the “Application Procedures & Guidelines for a Storefront Retail Commercial Cannabis Business License” attached hereto as Exhibit “A” and the “Application Procedures & Guidelines for a Non-storefront Retail Commercial Cannabis Business License” attached hereto as Exhibit “B” as the rules, policies and procedures required by VMC Section 4.04.130.
PASSED AND ADOPTED: July 20, 2026 LESLIE CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-42 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 20, 2026.
Dated: July 21, 2026 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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Resolution No. 2026-42
EXHIBIT “A”
City of Visalia
Planning Divison
315 E. Acequia Avenue
Visalia, California 93291
Phone: 559.713.4359
Email: [email protected]
https://www.visalia.gov
APPLICATION PROCEDURES & GUIDELINES FOR A
STOREFRONT RETAIL
COMMERCIAL CANNABIS BUSINESS LICENSE
Application Period
OPENS – ____________
CLOSES – ____________
Information regarding the Commercial Cannabis Business (CCB) Application process can be found on the City’s website at https://www.visalia.gov/cannabis and includes the following:
Application Procedures & Guidelines and
Review Criteria
Financial Responsibility, Indemnity and Consent
to Inspection Terms Agreement
Visalia Municipal Code (VMC) Chapter
4.04 Commercial Cannabis Business (CCB)
Application
Visalia Municipal Code (VMC) Title 17
(Zoning Code)
Background Check Portal Link
Cannabis Website FAQ
Property Owner Consent/Landlord Affidavit
APPLICANTS SHOULD MONITOR THE CITY’S WEB PAGE FOR ANY ADDITIONAL INFORMATION, FAQ’S, OR UPDATES. IT IS THE RESPONSIBILITY OF THE APPLICANT TO STAY INFORMED OF THIS INFORMATION.
The application period for a Storefront Retail Cannabis Business License to operate a Storefront Retail CCB in the City of Visalia (“City”) will open on _______________ and will close ______________. Prior to closing the application period, the City will post a Notice of Application Deadline on the website link above.
The Notice of Application Deadline will advise that the application period will close not later than 28 days from when the notice is posted. Applications and all related documents will be available on the City website link above along with these procedures. Applications must be submitted to the Planning Department in their entirety. Any incomplete application will be returned. Applications submitted before the deadline will be reviewed consistent with these guidelines and the VMC.
NUMBER OF BUSINESSES
Pursuant to Resolution No. 2026-XX the maximum number of Storefront Retail CCBs in the City is limited to three (3). The locational restrictions on Storefront Retail CCBs are listed in Visalia Municipal Code Chapter 4.04.
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AMENDMENTS TO THE APPLICATION
If the City determines that a submitted application is incomplete or does not otherwise meet any or all of the requirements pursuant to any and all State and Local laws or regulations, the City shall send a Notice of Deficiency to the applicant generally describing the manner in which the application is incomplete or deficient. The applicant may resubmit omitted application material in order to correct any incompleteness or deficiencies. The applicant will not need to pay a new application fee. If an applicant fails to correct those sections deemed incomplete or deficient upon submission of the amendment, the application shall be rejected.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications, with or without cause or reason. The City may modify, postpone, or cancel the request for a CCB License without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process.
The City reserves the right for the City Manager to waive minor informalities or irregularities, which are merely a matter of form and not of substance, or immaterial defect in an application or variation of an application from the exact requirements of the process that can be corrected or waived without being prejudicial to other applicants. The City Manager shall give the applicant an opportunity to cure any deficiency resulting from a minor informality or irregularity in an application or waive the deficiency.
APPLICATION PROCESS
This application process is delineated in Visalia Municipal Code Chapter 4.04. It is incumbent upon the applicant to review and comply with all State and Local applicable laws and regulations regarding the application process. Before submitting your application, review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the Storefront Retail Cannabis Business License application process for a CCB on the City webpage provided on page one.
The following procedures generally outline the application evaluation and selection process, required materials, and other information necessary to apply for a CCB License to operate a Storefront Retail facility in the City of Visalia.
APPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements outlined in the “Application Procedures & Guidelines for a Cannabis Business License.” This can be found at https://www.visalia.gov/cannabis. Applicants must submit all required application materials together in one complete comprehensive application package.
This can be done in person, or can be sent to the City via FED EX, UPS or any other common carrier delivery service as long is it a complete application. Electronic submissions such as Email, Dropbox, Google Docs, etc will not be accepted. Complete applications also must be submitted prior to the close of the application deadline.
The application package must include all the following documents with original wet signatures and notaries for each document (where applicable).
1. Commercial Cannabis Business Application;
2. Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement;
3. Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City;
4. Property Owner Consent/Landlord Affidavit;
5. Proof Property Ownership or Lease Agreement/Letter of Intent to Lease; 767
6. Proof of insurability from an Insurance Company;
7. Zoning Verification Application;
8. Application Zoning Verification Letter;
9. USB Flash Drive;
10. Application fee.
FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Planning Division at the same time.
Responses to the Evaluation Criteria (Sections 1-4 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to Inspection Terms, Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owner Consent/Lease Agreements, Property Owner/Landlord Affidavit, shall not be included in the 200 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).
All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the correct format and organize correctly. Improper organization of your application may be grounds for rejection.
PDF File #1 Commercial Cannabis Business Application (pages 1-3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F2,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F3-F8), Property Owner Consent/Landlord Affidavit, Proof of Property Ownership or Lease Agreement/Letter of Intent to Lease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Application Fee; and with required signatures and notaries for all documents (where applicable).
PDF File #2 Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages).
PDF File #3 Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).
BACKGROUND CHECK
Any person who is an owner, operator, manager and/or employee (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per VMC Chapter 4.04. Cannabis Business Person(s) who do not meet the criminal history eligibility requirements of Chapter 4.04 will be disqualified. The background form can be found online at https://www.visalia.gov/cannabis.
The initial background check fee for each Cannabis Business Person(s) shall be $____. This process will be required to meet the minimum threshold qualifications pursuant to VMC Chapter 4.04.
ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (storefront retail cannabis), and the proposed building location. 768
Applicants must submit a Retail Cannabis Business Zoning Verification Application prior to ______________.
The issuance of a Zoning Verification Letter does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory license for a CCB does not constitute a permit that runs with the land on which the cannabis business is established. Please note that the cannabis business will require a discretionary permit.
FEES
All applicants shall be required to submit a fee of $_________. This amount will be charged against time spent by City staff and any consultant reviewing applications and administrating the application process.
Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. However, there will also be a separate fee for the Zoning Verification Letter (ZVL) of $____ per site and the Background Check Fee of $____ per Cannabis Business Person(s).
Payment of all fees and monies must be made by a certified check, cashier’s check or money order made payable to the City of Visalia. Please note the City will not accept cash or credit cards. All application fees are non-refundable.
SUBMITTAL DEADLINE
Completed applications must be received by the Planning Division by ____ p.m. on ___________. Late applications will not be accepted.
APPLICATION EVALUATION, REVIEW AND APPROVAL PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications must be completed and submitted in their entirety to move forward in the review process.
Upon receiving a completed application, the application will be reviewed in its entirety using the Application Submittal checklist on Page 1 of the CCB Application. Applications determined to be eligible will be forwarded to the Consultant for Phase II (Application Evaluation and Review).
PHASE II: APPLICATION EVALUATION AND REVIEW
Applications will be evaluated by using the criteria listed below. See APPENDIX A for a description of the evaluation criteria:
Section 1. Business Plan
Section 2. Location and Neighborhood Compatibility Plan Section 3. Safety and Security Plan
Section 4. Community Benefits Plan
Those applications which are determined to meet the requirements in each category will move on to Phase III of the application process. If the application is incomplete or does not otherwise meet the minimum requirements, the Applicant may resubmit those sections that have been deemed incomplete or deficient.
Please note that Applicants may only amend their application one time, therefore, Applicants are encouraged to provide a quality application when resubmitting the requested information.
PHASE III: LOTTERY
If three (3) or fewer applications are submitted to Phase III, then all applications will advance in the 769
process. If four (4) or more applications are submitted to Phase III, then all submitted applications will be entered in the random lottery drawing, which will be conducted during regular business hours.
The City will announce the location, date, and time at least two (2) weeks before conducting the lottery drawing on the City’s website linked above. The lottery drawing details will be emailed to all submitted applicants who have made it through to this phase, and any other interested person who has requested to receive cannabis lottery updates.
Results of the lottery drawing will be available immediately to those persons attending the lottery drawing in person. The City will also notify the applicants included in the lottery and post the lottery winners on the website at https://www.visalia.gov/cannabis.
PHASE IV: LICENSEE SELECTION PROCESS
The City Manager, or designee, may then issue a CCB license to selected applicants through the Lottery process. However, renewal of issued cannabis business license is conditioned upon the prevailing applicant obtaining all required land use approvals and building permits. The prevailing applicant(s) shall apply to the city's Planning Division to obtain any required land use approvals or entitlements for the licensee's location, and the Building Safety Division for any required building permits. First, prevailing applicant(s) will need to complete the City’s Site Plan Review process and receive a ‘Revise and Proceed’ determination. Land use approvals shall include obtaining a Conditional Use Permit (CUP) and compliance with all applicable provisions of CEQA. An applicant has twelve (12) months from the lottery selection of an application to obtain a CUP and any necessary building permits pursuant to Chapter 4.04.
The City Manager reserves the right to extend this deadline at their discretion.
The City Manager is authorized to make all decisions concerning the issuance of a commercial cannabis business license. In making the decision, the City Manager is authorized to impose additional conditions to the 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 Chapter 4.04.
Issuance of a CCB license does not create a land use entitlement. Furthermore, no licensee may begin operations, notwithstanding the issuance of a license, unless all of the state and local laws and regulations, including but not limited to the requirements of this article and of the license, have been complied with, until a state license is available and obtained by the permitted operator as set forth in Chapter 4.04 . If an applicant fails to obtain a state cannabis license within twelve (12) months of being granted a CCB license, said CCB license shall expire.
Notwithstanding anything in this article to the contrary, the City reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a CCB license until a license is actually issued, and then only for the duration of the license's term. Each applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this article.
If an application is denied resulting from a disqualification, a new application may not be filed for one year from the date of the denial. However, if a license was not issued to an applicant as a result of not being selected in the initial process the applicant may apply again should the city open a future round of the application process.
Each person granted a CCB license shall be required to pay the license fee established by resolution of the City Council, to cover the costs of administering the commercial cannabis business license program created in this article prior to commencing business in the city.
APPEALS:
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Any Applicant wishing to appeal any decision made in the application process, or the results of the Lottery, may appeal the decision within ten calendar (10) days of the Applicant receiving a notice that he/she would not move forward in the application process or be issued a license. Such appeals shall comply with the requirements of Visalia Municipal Code Chapter 4.04, et seq.
Note: Being awarded a Cannabis Business License does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including:
electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a Cannabis Business License guarantee that the plans submitted via the Cannabis Business License application process meet the standards or requirements in Chapter 4.04 and any other license requirements from other City departments or agencies. Further, it is understood and agreed to by the Applicant that 1) the business must receive their Certificate of Occupancy, be open, and operating within 24 months of initial issuance of the Commercial Cannabis Business License. If a business does not become operational as specified, any active Cannabis Business renewal license may be null and void, and of no further effect; and 2) the 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. Violation of these two issues shall deed any Cannabis Business License null and void.
CONTACT
If you have any questions or would like an update on the status of your application, please contact the City of Visalia Planning Division 559.713.4359 or by email at [email protected]. 771
APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I. All responsive documentation must be saved in three (3) individual digital files as described in the APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS LICENSE.
1. BUSINESS PLAN
1.1. Owner qualifications. Resumes are not to exceed two (2) pages per owner.
1.2. Evidence of any existing, valid CA Department of Cannabis Control licenses held by any member of the applicant team and length of time applicant has held such license.
1.3. A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.
1.4. Applicant must be able to demonstrate proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.
1.5. Pro forma for at least three (3) years of operation.
1.6. Fully describe hours of operation and opening and closing procedures.
1.7. Fully describe the day-to-day operations if you are applying for a STOREFRONT RETAIL license. This should include at a minimum the following criteria.
A. Describe customer check-in procedures.
B. Identify location and procedures for receiving deliveries during business hours.
C. Identify the name of the Point-of-Sale system to be used and the number of Point-of-Sale locations.
D. Estimate the number of customers to be served per hour/day.
E. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.
F. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.
G. Demonstrating CCB conformance to local and state laws. See VMC Chapter 4.04 as they pertain to storefront retail establishments in the City of Visalia.
H. How cannabis and cannabis products will be tracked and monitored to prevent diversion.
Describe the Point-of-Sale system to be used and how it will interact with the state’s mandated track and trace system.
2. LOCATION AND NEIGHBORHOOD COMPATIBILITY PLAN
2.1. In addition to the location-related details provided in the Cannabis Business License Application (pages 1-3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.
2.2. The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.
2.3. Site Diagram for proposed location. In addition to diagrams submitted for other sections of the Cannabis Business License Application, applicants are expected to submit a premise/site diagram that focuses on the overall property, building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commercial cannabis business.
A. A Site Diagram must be accurate, dimensioned and to-scale (minimum scale of ¼”). The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are
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not required at this point of the application process. Security features are not required for this section.)
2.4. Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.
2.5. Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.
2.6. Describe odor mitigation practices.
2.7. Identify potential sources of odor.
2.8. Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.
2.9. Describe all proposed system maintenance.
2.10. Describe the waste management plan.
2.11. Describe outreach efforts to sensitive uses listed in the VMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.
3. SAFETY AND SECURITY PLAN
The 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. Please only provide a description for each criterion which incorporates the following provisions:
3.1. The Safety section of the Safety and Security Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.
3.2. Describe accident and incident reporting procedures.
3.3. Describe evacuation routes.
3.4. Location of fire extinguishers and other fire suppression equipment.
3.5. Describe procedures and training for all fire and medical emergencies.
3.6. The Security section of the Safety and Security Plan shall be prepared and/or assessed by a professional security consultant.
3.7. Premises Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).
A. The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) B. The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.
C. Description of cannabis activity that will be conducted in each area of the premise.
Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.
D. Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to licensees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).
E. Number and location of all video surveillance cameras.
3.8. Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).
3.9. Briefly describe cash handling procedures.
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3.10. Discuss how the CCB will utilize the services of on-site security guards. Include in the discussion:
A. Number of guards.
B. Hours guards will be on-site.
C. Locations at which they will be positioned.
D. Guards’ roles and responsibilities.
4. COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business License Application should describe all benefits the CCB will provide to the local community. A separate agreement between applicants that receive a Cannabis Business License, and the City will be required to confirm the details of community benefits and investment plan (See VMC Section
4.04.110). Community benefits may be in the form of volunteer services, monetary donations to local nonprofit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. This may include in kind values with any volunteer hours calculated using Independent Sector’s most current CA Value of Volunteer Time rate: https://independentsector.org/research/value-of-volunteer-time/.
4.1. An annual minimum cash value of financial support to the City of Visalia for qualifying activities to benefit the community in the amount of $50,000 or 1% of annual gross receipts, whichever amount is greater, is required.
4.2. Briefly describe the type of activities the Business will engage in as part of the community (business organizations, community projects, in-kind donations or other endeavors the Business anticipates participating in as a community member).
4.3. Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Visalia, or the Sphere of Influence for the City.
4.4. Describe the number of employees, title/position, and their respected responsibilities.
4.5. Applicant must disclose if any member of the applicant team has had a cannabis license suspended or revoked in any jurisdictions they operate or have operated in. 774
Resolution No. 2026-42
EXHIBIT “B”
City of Visalia
Planning Divison
315 E. Acequia Avenue
Visalia, California 93291
Phone: 559.713.4359
Email: [email protected]
https://www.visalia.gov
APPLICATION PROCEDURES & GUIDELINES FOR A
NON-STOREFRONT RETAIL
COMMERCIAL CANNABIS BUSINESS LICENSE
Application Period
OPENS – ____________
CLOSES – ____________
Information regarding the Commercial Cannabis Business (CCB) Application process can be found on the City’s website at https://www.visalia.gov/cannabis and includes the following:
Application Procedures & Guidelines and
Review Criteria
Financial Responsibility, Indemnity and Consent
to Inspection Terms Agreement
Visalia Municipal Code (VMC) Chapter
4.04 Commercial Cannabis Business (CCB)
Application
Visalia Municipal Code (VMC) Title 17
(Zoning Code)
Background Check Portal Link
Cannabis Website FAQ
Property Owner Consent/Landlord Affidavit
APPLICANTS SHOULD MONITOR THE CITY’S WEB PAGE FOR ANY ADDITIONAL INFORMATION, FAQ’S, OR UPDATES. IT IS THE RESPONSIBILITY OF THE APPLICANT TO STAY INFORMED OF THIS INFORMATION.
The application period for a Non-Storefront Retail Cannabis Business License to operate a Non-Storefront Retail CCB in the City of Visalia (“City”) will open on _______________ and will close ______________.
Prior to closing the application period, the City will post a Notice of Application Deadline on the website link above. The Notice of Application Deadline will advise that the application period will close not later than 28 days from when the notice is posted. Applications and all related documents will be available on the City website link above along with these procedures. Applications must be submitted to the Planning Department in their entirety. Any incomplete application will be returned. Applications submitted before the deadline will be reviewed consistent with these guidelines and the VMC.
NUMBER OF BUSINESSES
Pursuant to Resolution No. 2026-XX the maximum number of Non-Storefront Retail CCBs in the City is limited to three (3). The locational restrictions on Non-Storefront Retail CCBs are listed in Visalia Municipal Code Chapter 4.04.
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AMENDMENTS TO THE APPLICATION
If the City determines that a submitted application is incomplete or does not otherwise meet any or all of the requirements pursuant to any and all State and Local laws or regulations, the City shall send a Notice of Deficiency to the applicant generally describing the manner in which the application is incomplete or deficient. The applicant may resubmit omitted application material in order to correct any incompleteness or deficiencies. The applicant will not need to pay a new application fee. If an applicant fails to correct those sections deemed incomplete or deficient upon submission of the amendment, the application shall be rejected.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications, with or without cause or reason. The City may modify, postpone, or cancel the request for a CCB License without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process.
The City reserves the right for the City Manager to waive minor informalities or irregularities, which are merely a matter of form and not of substance, or immaterial defect in an application or variation of an application from the exact requirements of the process that can be corrected or waived without being prejudicial to other applicants. The City Manager shall give the applicant an opportunity to cure any deficiency resulting from a minor informality or irregularity in an application or waive the deficiency.
APPLICATION PROCESS
This application process is delineated in Visalia Municipal Code Chapter 4.04. It is incumbent upon the applicant to review and comply with all State and Local applicable laws and regulations regarding the application process. Before submitting your application, review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the Non-Storefront Retail Cannabis Business License application process for a CCB on the City webpage provided on page one.
The following procedures generally outline the application evaluation and selection process, required materials, and other information necessary to apply for a CCB License to operate a Non-Storefront Retail facility in the City of Visalia.
APPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements outlined in the “Application Procedures & Guidelines for a Cannabis Business License.” This can be found at https://www.visalia.gov/cannabis. Applicants must submit all required application materials together in one complete comprehensive application package.
This can be done in person, or can be sent to the City via FED EX, UPS or any other common carrier delivery service as long is it a complete application. Electronic submissions such as Email, Dropbox, Google Docs, etc will not be accepted. Complete applications also must be submitted prior to the close of the application deadline.
The application package must include all the following documents with original wet signatures and notaries for each document (where applicable).
1. Commercial Cannabis Business Application;
2. Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement;
3. Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City;
4. Property Owner Consent/Landlord Affidavit;
5. Proof Property Ownership or Lease Agreement/Letter of Intent to Lease; 776
6. Proof of insurability from an Insurance Company;
7. Zoning Verification Application;
8. Application Zoning Verification Letter;
9. USB Flash Drive;
10. Application fee.
FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Planning Division at the same time.
Responses to the Evaluation Criteria (Sections 1-4 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to Inspection Terms, Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owner Consent/Lease Agreements, Property Owner/Landlord Affidavit, shall not be included in the 200 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).
All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the correct format and organize correctly. Improper organization of your application may be grounds for rejection.
PDF File #1 Commercial Cannabis Business Application (pages 1-3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F2,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F3-F8), Property Owner Consent/Landlord Affidavit, Proof of Property Ownership or Lease Agreement/Letter of Intent to Lease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Application Fee; and with required signatures and notaries for all documents (where applicable).
PDF File #2 Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages).
PDF File #3 Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).
BACKGROUND CHECK
Any person who is an owner, operator, manager and/or employee (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per VMC Chapter 4.04. Cannabis Business Person(s) who do not meet the criminal history eligibility requirements of Chapter 4.04 will be disqualified. The background form can be found online at https://www.visalia.gov/cannabis.
The initial background check fee for each Cannabis Business Person(s) shall be $____. This process will be required to meet the minimum threshold qualifications pursuant to VMC Chapter 4.04.
ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (non-storefront retail cannabis), and the proposed building location.
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Applicants must submit a Retail Cannabis Business Zoning Verification Application prior to ______________.
The issuance of a Zoning Verification Letter does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory license for a CCB does not constitute a permit that runs with the land on which the cannabis business is established. Please note that the cannabis business will require a discretionary permit.
FEES
All applicants shall be required to submit a fee of $_________. This amount will be charged against time spent by City staff and any consultant reviewing applications and administrating the application process.
Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. However, there will also be a separate fee for the Zoning Verification Letter (ZVL) of $____ per site and the Background Check Fee of $____ per Cannabis Business Person(s).
Payment of all fees and monies must be made by a certified check, cashier’s check or money order made payable to the City of Visalia. Please note the City will not accept cash or credit cards. All application fees are non-refundable.
SUBMITTAL DEADLINE
Completed applications must be received by the Planning Division by ____ p.m. on ___________. Late applications will not be accepted.
APPLICATION EVALUATION, REVIEW AND APPROVAL PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications must be completed and submitted in their entirety to move forward in the review process.
Upon receiving a completed application, the application will be reviewed in its entirety using the Application Submittal checklist on Page 1 of the CCB Application. Applications determined to be eligible will be forwarded to the Consultant for Phase II (Application Evaluation and Review).
PHASE II: APPLICATION EVALUATION AND REVIEW
Applications will be evaluated by using the criteria listed below. See APPENDIX A for a description of the evaluation criteria:
Section 1. Business Plan
Section 2. Location and Neighborhood Compatibility Plan Section 3. Safety and Security Plan
Section 4. Community Benefits Plan
Those applications which are determined to meet the requirements in each category will move on to Phase III of the application process. If the application is incomplete or does not otherwise meet the minimum requirements, the Applicant may resubmit those sections that have been deemed incomplete or deficient.
Please note that Applicants may only amend their application one time, therefore, Applicants are encouraged to provide a quality application when resubmitting the requested information.
PHASE III: LOTTERY
If three (3) or fewer applications are submitted to Phase III, then all applications will advance in the 778
process. If four (4) or more applications are submitted to Phase III, then all submitted applications will be entered in the random lottery drawing, which will be conducted during regular business hours.
The City will announce the location, date, and time at least two (2) weeks before conducting the lottery drawing on the City’s website linked above. The lottery drawing details will be emailed to all submitted applicants who have made it through to this phase, and any other interested person who has requested to receive cannabis lottery updates.
Results of the lottery drawing will be available immediately to those persons attending the lottery drawing in person. The City will also notify the applicants included in the lottery and post the lottery winners on the website at https://www.visalia.gov/cannabis.
PHASE IV: LICENSEE SELECTION PROCESS
The City Manager, or designee, may then issue a CCB license to selected applicants through the Lottery process. However, renewal of issued cannabis business license is conditioned upon the prevailing applicant obtaining all required land use approvals and building permits. The prevailing applicant(s) shall apply to the city's Planning Division to obtain any required land use approvals or entitlements for the licensee's location, and the Building Safety Division for any required building permits. First, prevailing applicant(s) will need to complete the City’s Site Plan Review process and receive a ‘Revise and Proceed’ determination. Land use approvals shall include obtaining a Conditional Use Permit (CUP) and compliance with all applicable provisions of CEQA. An applicant has twelve (12) months from the lottery selection of an application to obtain a CUP and any necessary building permits pursuant to Chapter 4.04.
The City Manager reserves the right to extend this deadline at their discretion.
The City Manager is authorized to make all decisions concerning the issuance of a commercial cannabis business license. In making the decision, the City Manager is authorized to impose additional conditions to the 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 Chapter 4.04.
Issuance of a CCB license does not create a land use entitlement. Furthermore, no licensee may begin operations, notwithstanding the issuance of a license, unless all of the state and local laws and regulations, including but not limited to the requirements of this article and of the license, have been complied with, until a state license is available and obtained by the permitted operator as set forth in Chapter 4.04 . If an applicant fails to obtain a state cannabis license within twelve (12) months of being granted a CCB license, said CCB license shall expire.
Notwithstanding anything in this article to the contrary, the City reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a CCB license until a license is actually issued, and then only for the duration of the license's term. Each applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this article.
If an application is denied resulting from a disqualification, a new application may not be filed for one year from the date of the denial. However, if a license was not issued to an applicant as a result of not being selected in the initial process the applicant may apply again should the city open a future round of the application process.
Each person granted a CCB license shall be required to pay the license fee established by resolution of the City Council, to cover the costs of administering the commercial cannabis business license program created in this article prior to commencing business in the city.
APPEALS:
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Any Applicant wishing to appeal any decision made in the application process, or the results of the Lottery, may appeal the decision within ten calendar (10) days of the Applicant receiving a notice that he/she would not move forward in the application process or be issued a license. Such appeals shall comply with the requirements of Visalia Municipal Code Chapter 4.04, et seq.
Note: Being awarded a Cannabis Business License does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including:
electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a Cannabis Business License guarantee that the plans submitted via the Cannabis Business License application process meet the standards or requirements in Chapter 4.04 and any other license requirements from other City departments or agencies. Further, it is understood and agreed to by the Applicant that 1) the business must receive their Certificate of Occupancy, be open, and operating within 24 months of initial issuance of the Commercial Cannabis Business License. If a business does not become operational as specified, any active Cannabis Business renewal license may be null and void, and of no further effect; and 2) the 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. Violation of these two issues shall deed any Cannabis Business License null and void.
CONTACT
If you have any questions or would like an update on the status of your application, please contact the City of Visalia Planning Division 559.713.4359 or by email at [email protected]. 780
APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I.
All responsive documentation must be saved in three (3) individual digital files as described in the
APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS LICENSE.
1. BUSINESS PLAN
1.1. Owner qualifications. Resumes are not to exceed two (2) pages per owner.
1.2. Evidence of any existing, valid CA Department of Cannabis Control licenses held by any member of the applicant team and length of time applicant has held such license.
1.3. A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.
1.4. Applicant must be able to demonstrate proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.
1.5. Pro forma for at least three (3) years of operation.
1.6. Fully describe hours of operation and opening and closing procedures.
1.7. Fully describe the day-to-day operations if you are applying for a NON-STOREFRONT RETAIL license. This should include at a minimum the following criteria.
A. Identify location and procedures for receiving deliveries during business hours.
B. Identify the name of the Point-of-Sale system to be used and the number of Point-of-Sale locations.
C. Estimate the number of customers to be served per hour/day.
D. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.
E. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.
F. Demonstrating CCB conformance to local and state laws. See VMC Chapter 4.04.
G. How cannabis and cannabis products will be tracked and monitored to prevent diversion.
Describe the Point-of-Sale system to be used and how it will interact with the state’s mandated track and trace system.
2. LOCATION AND NEIGHBORHOOD COMPATIBILITY PLAN
2.1. In addition to the location-related details provided in the Cannabis Business License Application (pages 1-3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.
2.2. The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.
2.3. Site Diagram for proposed location. In addition to diagrams submitted for other sections of the Cannabis Business License Application, applicants are expected to submit a premise/site diagram that focuses on the overall property, building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commercial cannabis business.
A. A Site Diagram must be accurate, dimensioned and to-scale (minimum scale of ¼”). The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are not required at this point of the application process. Security features are not required for this section.)
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2.4 Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.
2.5 Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.
2.6 Describe odor mitigation practices.
2.7 Identify potential sources of odor.
2.8 Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.
2.9 Describe all proposed system maintenance.
2.10 Describe the waste management plan.
2.11 Describe outreach efforts to sensitive uses listed in the VMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses. 3 SAFETY AND SECURITY PLAN
The 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. Please only provide a description for each criterion which incorporates the following provisions:
3.1 The Safety section of the Safety and Security Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.
3.2 Describe accident and incident reporting procedures.
3.3 Describe evacuation routes.
3.4 Location of fire extinguishers and other fire suppression equipment.
3.5 Describe procedures and training for all fire and medical emergencies.
3.6 The Security section of the Safety and Security Plan shall be prepared and/or assessed by a professional security consultant.
3.7 Premises Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).
A. The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) B. The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.
C. Description of cannabis activity that will be conducted in each area of the premise.
Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.
D. Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to licensees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).
E. Number and location of all video surveillance cameras.
3.8 Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).
3.9 Briefly describe cash handling procedures.
3.10 Discuss how the CCB will utilize the services of on-site security guards. Include in the discussion:
A. Number of guards.
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B. Hours guards will be on-site.
C. Locations at which they will be positioned.
D. Guards’ roles and responsibilities.
4 COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business License Application should describe all benefits the CCB will provide to the local community. A separate agreement between applicants that receive a Cannabis Business License, and the City will be required to confirm the details of community benefits and investment plan (See VMC Section
4.04.110). Community benefits may be in the form of volunteer services, monetary donations to local nonprofit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. This may include in kind values with any volunteer hours calculated using Independent Sector’s most current CA Value of Volunteer Time rate: https://independentsector.org/research/value-of-volunteer-time/.
4.1 An annual minimum cash value of financial support to the City of Visalia for qualifying activities to benefit the community in the amount of $50,000 or 1% of annual gross receipts, whichever amount is greater, is required.
4.2 Briefly describe the type of activities the Business will engage in as part of the community (business organizations, community projects, in-kind donations or other endeavors the Business anticipates participating in as a community member).
4.3 Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Visalia, or the Sphere of Influence for the City.
4.4 Describe the number of employees, title/position, and their respected responsibilities.
4.5 Applicant must disclose if any member of the applicant team has had a cannabis license suspended or revoked in any jurisdictions they operate or have operated in.
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REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: July 13, 2026
PROJECT PLANNER: Devon Jones, Economic Development Manager Phone: (559) 713-4190
E-mail: [email protected]
SUBJECT: Zoning Text Amendment No. 2026-01: A request 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.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2026-32, recommending that the City Council approve adoption of Zoning Text Amendment (ZTA) No. 2026-01, which amends Title 17, Chapters 17.04 Definitions, 17.25 Uses in the Commercial, Office, and Industrial Zones, and 17.32 Special Provisions.
This recommendation is based on the findings contained therein and summarized as follows:
The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
The Zoning Text Amendment makes various updates necessary 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.
RECOMMENDED MOTION
I move to recommend that the City Council approve Zoning Text Amendment No. 2026-01 based on the findings and conditions in Resolution No. 2026-32.
REASON FOR ZONING TEXT AMENDMENTS
The zone text amendments discussed herein are being requested by City staff to update the Zoning Ordinance based on direction received from City Council to begin the process of preparing municipal code amendments to establish a Cannabis Business Ordinance, allowing various Cannabis related business types to operate within the City of Visalia.
This process, which has been lengthy, began in July of 2023 with Council direction to initiate a Zoning Ordinance update to implement reasonable zoning regulations in response to Senate Bill (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. Following the Planning Commission’s recommendation on October 9, 2023, to adopt ZTA No. 2023-02, in response to SB 1186, City Council adopted Zoning Text Amendment No. 2023-02 on November 6, 2023. This ZTA approved amending Title 17, Chapters 17.25 Commercial, Mixed Use, Office, and Industrial Zones Use Matrix, and adding Section 17.32.167 for “delivery-only” medical marijuana retail in order to implement reasonable zoning regulations to allow state mandated businesses to operate within the City, as required per SB 1186.
In June of 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 784
cannabis business activities within the city, and adopting Resolution No. 2024-24 to place a cannabis tax measure on the November 2024 general election ballot.
Following successful passage of the City’s cannabis tax measure (Measure O) by the voters, Council authorized staff to proceed with drafting a Commercial Cannabis Activity / Cannabis Business Ordinance for adoption. During the adoption process, Council set the number of businesses permitted to operate in the City to zero (0), effectively establishing the regulatory framework for such businesses but not yet permitting such businesses to operate in the City of Visalia. After several work sessions with Council, staff prepared a draft Cannabis Business Ordinance (Visalia Municipal Code Chapter 4.04; see Exhibit “C” attached to this staff report) ready for the first reading at a future City Council meeting along with a draft resolution to establish the application and selection process for both storefront and non-storefront retail cannabis business license applicants given these are the only licenses proposed to be limited.
Included in the Draft Cannabis Business Ordinance (Exhibit “C”) are the proposed changes to Chapter 17, to be presented to the City Council. Below is a detailed list of the proposed amendments for Planning Commission consideration and recommendation. Where sections of Municipal Code are given, changes specified with strikeout are being deleted from Municipal Code, and changes specified with underline and italics are being added to Municipal Code. It is important to note that retail storefront buffer requirements are already established in the Cannabis Business Ordinance itself but are also outlined in section B.6. below.
DESCRIPTION AND EVALUATION
A. Introduction of new definitions of cannabis business types in Zoning Ordinance Section 17.04.030 Definitions.
1. “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.
a. This pertains to the movement and storage of cannabis products.
1. Type 11 – This type of distributor can move cannabis products between cultivation, manufacturing, or distribution premises, provide storage services to other licensees, and arrange for testing of cannabis goods.
2. Type 13 – Transport only, they can only move cannabis and cannabis products between cultivation, manufacturing, or distribution premises.
Given Visalia’s competitive strategic location in the state, this use has been recommended to be eligible for local cannabis business licensure.
2. “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.
a. This pertains to cannabis containing products as opposed to “raw” cannabis itself (cultivation). This too consists of several sub-types of businesses, all of which could likely operate in an industrial park setting. In addition to our strategic location in the state, our concentration of food packaging/food processing industries (manufacturing) and investments into Industrial zoned properties make Visalia a viable location for such industries. Council has directed to exclude the volatile solvent-based extraction processes specifically but allow all others.
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3. “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.
a. The Microbusiness use is unique as it is for businesses that do at least three of the following activities at one location:
1. Cultivation – up to 10,000 total square feet
2. Manufacturing – use of non-volatile solvents, mechanical extraction or infusion
3. Distribution or distribution transport-only
4. Retail – storefront or non-storefront
Council input was to only allow Microbusiness uses that didn’t include storefront retail, manufacturing by volatile solvent-based extraction, or any form of cultivation other than the processing sub license type, which is described in more detail below.
4. “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.
a. This type of business/use would seemingly function much like a fulfillment center.
Given Visalia’s strategic location in the state, Visalia offers a competitive location for such businesses in the industrial park. Again, current direction from Council is to approve the regulatory framework for cannabis businesses to operate within the City but initially set the number of licenses to be issued to zero, effectively holding off on allowing such businesses to operate for the time being. That said, Council has suggested that three non-storefront retailer licenses may be the number of allowed businesses they may want to consider in the future.
5. “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. a. This use is a subset of Cultivation. Cultivation includes various sub licensee types pertaining to the growing of cannabis such as indoor cultivation, outdoor cultivation, and mixed-light cultivation (such as a greenhouse). They are also categorized on the size of the operation, from “Cottage” type operations to “Large” operations, and whether the license is for a “Nursery” meaning cultivators that grow plants, seeds, or other types of cannabis, or a “Processor.” The Processor type of cultivation license, according to the Dept. of Cannabis Control, is “for cultivators that only trim, sift, cure, dry, grade, package or label cannabis”. Given potential high energy requirements, high-water consumption needs, and potential high land demands as well as odor for outdoor cultivation, Council does not wish to allow such uses.
However, the Processor sub license type may be allowed as Visalia could offer a competitive location to conduct such activities without the potential concerns of the other cultivation use types.
6. “Cannabis Storefront Retailer” means a business operating legally under appropriate CA Department of Cannabis Control licensing that sells cannabis and/or cannabis 786
products to the public from a physical storefront location, which can include delivery service.
a. HdL initially estimated that retailers in Visalia could potentially have gross receipts of approximately $18 million annually. Based on this estimated level of revenue, HdL estimated this could support between five to seven retailers. Again, while the number of licenses will be set to zero for the time being, Council has suggested that three storefront retailer licenses may be the number of allowed businesses they may want to consider in the future.
7. “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.
a. This use is associated with laboratories that test cannabis goods prior to sale of these products at a retailer.
B. Introduction of new land uses into the Zoning Use Table (Chapter 17.25) associated with a newly created ‘Cannabis’ category in the table, and relocation of existing ‘Delivery only medical marijuana retail’ land use to this new section.
It should be noted that in all cases except for the pre-existing “Delivery only medical marijuana retail use type”, all cannabis business use types will require a Conditional Use Permit to operate. Delivery only medical marijuana retail is a use permitted “by-right” in the Light Industrial (I-L) or Industrial (I) zones in part, to remain in compliance with Senate Bill 1186.
1. Cannabis Distributor
a. This use could potentially be appropriate in the I-L or I zones given the clear similarities to other distribution uses. Further, this use shall be restricted to a Visalia Industrial Park Overlay area only (please see attached Exhibit “B”). This is in order to reduce potential proximity concerns to sensitive uses allowed in other zones more prevalently found adjacent to I-L or I zoned properties outside of this Visalia Industrial Park Overlay area. The overlay area will encompass the appropriately zoned property mainly found west of Shirk Street but including the properties along North Shirk Street between Doe Avenue and Grove Avenue.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C1 Cannabis Distributor C C
2. Cannabis Manufacturer
a. This use could potentially be appropriate in the I-L or I zones given the similarities to light manufacturing/food processing uses and would be restricted to the Visalia Industrial Park Overlay.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C2 Cannabis Manufacturer C C
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3. Cannabis Non-storefront Retailer
a. As non-storefront only retail operations conceptually function similar to a distribution or fulfillment center, they should likely be located in I-L or I zones and restricted to the Visalia Industrial Park Overlay area.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C4
Cannabis Non-storefront
Retailer C C
4. Cannabis Processor
a. As mentioned in section A. above, the “Processor” use type is the only cultivation use type being considered. This use functions similar to distribution and light manufacturing/food processing uses and so would be appropriate in the I-L or I zones, restricted to the Visalia Industrial Park Overlay area.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C5 Cannabis Processor C C
5. Cannabis Microbusiness
a. Again, this use type would only include ‘Processor’ Cultivation sub license type and non-storefront Retail use type. Given this, the zoning to consider should likely also be I-L or I and restricted to the Visalia Industrial Park Overlay area.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C3 Cannabis Microbusiness C C
6. Cannabis Storefront Retailer
a. Upon review with Council, it is recommended that these uses be considered in the Regional Commercial (C-R), Service Commercial (C-S), and Commercial Mixed Use (C-MU) zones given they are retail operations. Because of the buffer requirements detailed below, Neighborhood Commercial (C-N) is not recommended nor is the Downtown Mixed Use (D-MU) zone as Council does not wish to consider these uses in downtown Visalia. Along these lines, this use will also not be permitted in the Microbrewery/Microwinery Overlay District (a.k.a., the East Downtown area).
b. The sensitive uses and corresponding buffer sizes required for cannabis storefront retail uses are (see attached Buffer map, Exhibit “A”):
1. 600 foot buffer from existing:
a. Churches
b. Parks – not to include open space land use, trails or conservation easements
c. Schools – K-12, public and private
d. State licensed day care facilities
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e. “Youth centers”
2. 100 foot buffer from all residential zoning
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C6
Cannabis Storefront
Retailer C C C
7. Cannabis Testing Laboratory
a. Currently, zones where medical laboratories are currently permitted or conditionally permitted include Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Office Professional Administrative (O-PA), and Business Research Park (BRP) while labs pertaining to manufacturing (chemical products, organic or inorganic) are permitted in the BRP, I-L, and I zones. Cannabis Testing Laboratories are recommended to be conditionally permitted in the Commercial Mixed Use (C-MU), Professional/Administrative Office (O-PA), Business Research Park (BRP), and IL and I zones.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C7
Cannabis Testing
Laboratory C C C C C
8. Delivery Only Medical Marijuana Retail
a. 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.
Commercial and Mixed Use Zones Office Zones Industrial
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
C8
Delivery only medical
marijuana retail P P
C. Updating Chapter 17.32 to reflect the rescinding of Chapter 5.66 and the creation of Chapter 4.04.
With the adoption of a new Cannabis Business Ordinance, Chapter 5.66 (which pertains to the state mandate to permit delivery only medical marijuana retail businesses as a result of SB 1186) would effectively be outdated, and no longer valid. To reduce confusion and be more efficient and simplified for both staff and potential businesses, provisions in Chapter 5.66 are now incorporated into Chapter 4.04. This requires minor edits to Chapter 17.32 and also Chapter 8.64 to be consistent as well.
Environmental Review:
The requested action would be considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can 789
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.
RECOMMENDED FINDINGS
1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section 17.02.020.
2. That the proposed Zone 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.
3. That the Zoning Text Amendment makes various updates necessary 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.
4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
APPEAL INFORMATION
The Planning Commission’s recommendation on Zoning Ordinance Text Amendment No. 2026- 01 is advisory only and is automatically referred to the City Council for final action.
Attachments:
Related Plans and Policies
Resolution No. 2026-32
Attachment “A” to Resolution No. 2026-32 – Recommended Changes to Zoning Ordinance Exhibit “A” – Final Buffer Map
Exhibit “B” – Visalia Industrial Park Overlay map
Exhibit “C” – Draft Cannabis Business Ordinance, VMC Ch. 4.04 790
RELATED PLANS AND POLICIES
Chapter 17.44
ZONING AMENDMENTS
Sections:
17.44.010 Purpose.
17.44.020 Initiation.
17.44.030 Application procedures.
17.44.040 Public hearing—Notice.
17.44.050 Investigation and report.
17.44.060 Hearing.
17.44.070 Action of city planning commission.
17.44.090 Action of city council.
17.44.100 Change of zoning map.
17.44.110 New application.
17.44.120 Report by city planner.
17.44.010 Purpose.
As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
17.44.020 Initiation.
A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.
B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and
17.44.090 shall be followed.
17.44.030 Application procedures.
A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:
1. Name and address of the applicant;
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2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;
3. Address and legal description of the property;
4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;
5. Additional information as required by the historic preservation advisory board.
B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.
17.44.040 Public hearing—Notice.
The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing.
17.44.050 Investigation and report.
The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission.
17.44.060 Hearing.
A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.
B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents.
17.44.070 Action of city planning commission.
The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission.
17.44.080 [Reserved].
17.44.090 Action of city council.
A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.
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B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal.
17.44.100 Change of zoning map.
A change in zone boundary shall be indicated on the zoning map.
17.44.110 New application.
Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.
17.44.120 Report by city planner.
On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 793
RESOLUTION NO. 2026-32
RESOLUTION NO. 2026-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2026-01,
A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) TO INCLUDE CANNABIS RELATED BUSINESS USE TYPES, CITYWIDE.
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 specified in Attachment “A” of this Resolution; 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 project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council concur that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:
1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section
17.02.020.
2. That the proposed Zone 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.
3. That the Zoning Text Amendment makes various updates 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.
4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption). 794
RESOLUTION NO. 2026-32
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia. 795
RESOLUTION NO. 2026-32
Resolution No. 2026-32
Zoning Text Amendment No. 2026-01
ATTACHMENT “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 nonemergency, 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.
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RESOLUTION NO. 2026-32
"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.
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RESOLUTION NO. 2026-32
“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 multi-disciplinary or specialty medical 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 off-site 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.
"Convalescent Home." See nursing home.
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“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, boutique-style 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 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. 799
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“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 rightof-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. "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. 800
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"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 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 801
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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 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. 802
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"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.
"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, service-enriched 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.
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"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 semi-permanent bases regardless of whether or not a charge is made for such accommodations.
"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 804
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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. “Personal Services” Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.
"Planned neighborhood commercial center" means a facility to provide for convenience shopping in the residential neighborhoods planned and controlled to the extent that any such areas will provide the vital services to the neighborhood in which it is located.
"Porte Cochere" means a roofed structure extending from the entrance of a building over an adjacent driveway to shelter those entering or exiting a vehicle, or a passageway through a structure designed to let vehicles pass from the street to an interior courtyard.
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“Professional Office” means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field.
Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic. “Professional Office with Social Services” means a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.
“Prototype Manufacturing or Makerspace” means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three-dimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.
"Public utility service yard" means an area for the storage of public utility vehicles and material and office facilities for installation, maintenance and construction personnel. "Quasi-public use" means any use that is listed as a conditional use within the R-1 zone.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of a main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
"Recreational Vehicle." See travel trailer.
"Raw materials manufacture" means asphalt paving & roofing materials manufacture; concrete, gypsum & plaster products manufacture; cotton processing/cotton gins; glass manufacturers (crushing, melting, pressing, blowing, shaping); graphite refractories; tile & brick manufacturers; metal reduction, smelting, refining (steel mills, blast furnaces); mineral product manufacture (crushing, grinding, pulverizing); paper mills; plastic & rubber compounds; sawmills & planing mills; and similar raw materials manufacturing uses.
"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and 806
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transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
Recycling facilities may include the following:
1. Collection Facility. A collection facility means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated in "Recycling Facilities Criteria and Standards," as adopted or modified by resolution of the council of the city of Visalia. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities that occupy an area of not more than five hundred (500) square feet, and are limited to handling only California CRV redeemable beverage containers, and may include:
1. A mobile unit,
2. Bulk reverse vending machines occupying more than fifty (50) square feet,
3. Kiosk type units that may include permanent structures,
4. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that may occupy an area of more than five hundred (500) square feet and may include permanent structures.
2. Processing Facility. A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers;
b. A heavy processing facility means any processing facility other than a light processing facility.
"Rest Home." See nursing home.
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"Residential boarding facility" means a building or group of buildings containing individual rooms for the accommodation of residents and having a common kitchen facility.
“Residential Unit Reoccupation” means a single-family dwelling, situated in a nonresidential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit. "Reverse vending machine(s)" means an automated mechanical device that accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. "Senior citizen residential development" means a residential development developed, substantially rehabilitated, or substantially renovated, for persons fifty-five (55) years of age or older, wherein all of the occupied dwelling units are occupied by at least one person who is fifty-five (55) years of age or older. This definition does not include nursing homes or other types of housing communities where nursing, dietary, or other personal services are provided.
"Sensitive Receptor" means a location, place or facility that contains people that have an increased sensitivity to air pollution or other environmental contaminants. Sensitive receptor locations may include, but are not limited to, schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). "Service station" means a place that supplies gasoline, diesel or other motor fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and replacement ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.
"Shopping center" means two or more attached uses that are located on same property and jointly use ancillary facilities.
"Shopping center, major" means two or more uses located upon a site of ten acres or more with the major tenant occupying thirty thousand (30,000) square feet or more. "Sign." See Chapter 17.48.
"Single room occupancy" means a living unit that has a gross floor area of between 120 and 220 sq. ft., typically that is furnished, with or without individual bathroom or kitchen facilities, that is intended for long term occupancy by their tenant or tenants. "Sit down restaurant/café" means an establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state. Customers are normally provided with an individual menu, are served their foods and beverages by 808
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a restaurant employee at the same table or counter at which food and beverages are consumed.
"Site" means a usable parcel of land.
"Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the horizontal distance between the front and rear lot lines of a site measured along a line midway between the side property lines. "Site width" means the horizontal distances between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
"Smoke Shop/Tobacco Store" means any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
"Stable" means an accessory structure including but not limited to corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and that are not kept for remuneration, hire, or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or displayed preliminary to slaughtering, shipping or resale. "Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, that affords the principal means of access to abutting land. "Structure" means anything constructed or erected that requires location on the ground, including a building but not including a fence or a wall used as a fence that is seventy-two (72) inches in height or lower, or poles and appurtenances thereto used for the provision of public utilities as specifically excepted from the provision of this title pursuant to Section 17.02.040.
"Structure, accessory" means a detached subordinate structure located on the same site with the main structure or the main use of the land; attached structures open on three sides or more.
"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (as the term "target population" defined in Government Code Section 65582(i)), and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Transient occupancy" means occupancy, or entitlement to occupancy, by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined 809
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future point in time that shall be no less than six (6) months from the beginning of the assistance.
"Travel trailer" means any vehicle that at no time exceeds eight feet in width at its widest point and is less than forty (40) feet in length at its longest point, and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, that is intended for permanent or semi-permanent use and that has no foundation other than wheels and temporary stabilizing units.
“Tutoring Center” Means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, nonphysical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged on for which either a site or structure is or may be occupied or maintained.
"Vehicle wrecking yard" means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles that have not been capable of operating under their own power for thirty (30) days or more, or in the case of vehicles not self-propelled, that have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a vehicle wrecking yard. “Vocational or other Specialized Schools – Non-industrial Trades” means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
“Vocational or other Specialized Schools – Industrial Trades” means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
"Yard, front" means an area back from and parallel to the front property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
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RESOLUTION NO. 2026-32
"Yard, rear" means an area back from and parallel to the rear property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
"Yard, side" means an area back from and parallel to the side property line on which no building, structure or portion thereof shall be permitted unless specifically permitted by this title.
(Ord. 2022-04 (part), 2022; Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017: Ord. 2015-01 § 1, 2015: Ord. 2012-10, 2012: Ord. 2012-02, 2012: Ord. 2004-20 (part), 2004:
Ord. 2000-01 §§ 2, 3, 2000: prior code § 7220)
Section 3. Chapter 17.25 regarding new, modified, or deleted Zone Use Table line items.
In this section, changes are specified by underline for additions and strikeout for deletions.
Section 17.25.030 Commercial, Office, and Industrial Zone Use Table. 811
RESOLUTION NO. 2026
-32
812
RESOLUTION NO. 2026
-32
813
RESOLUTION NO. 2026
-32
814
RESOLUTION NO. 2026
-32
815
RESOLUTION NO. 2026
-32
816
RESOLUTION NO. 2026
-32
817
RESOLUTION NO. 2026
-32
818
RESOLUTION NO. 2026
-32
819
RESOLUTION NO. 2026
-32
820
RESOLUTION NO. 2026
-32
821
RESOLUTION NO. 2026
-32
822
RESOLUTION NO. 2026
-32
823
RESOLUTION NO. 2026
-32
824
RESOLUTION NO. 2026
-32
825
RESOLUTION NO. 2026
-32
826
RESOLUTION NO. 2026
-32
827
RESOLUTION NO. 2026
-32
828
RESOLUTION NO. 2026
-32
829
RESOLUTION NO. 2026
-32
830
RESOLUTION NO. 2026
-32
831
RESOLUTION NO. 2026
-32
832
RESOLUTION NO. 2026
-32
833
RESOLUTION NO. 2026
-32
834
RESOLUTION NO. 2026
-32
835
RESOLUTION NO. 2026
-32
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RESOLUTION NO. 2026
-32
837
RESOLUTION NO. 2026
-32
838
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-32
841
RESOLUTION NO. 2026
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842
RESOLUTION NO. 2026
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843
RESOLUTION NO. 2026
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RESOLUTION NO. 2026-32
Section 4. Chapter 17.32 regarding new or modified Special Provisions.
17.32.167 Delivery only medical marijuana retail.
F. Other Delivery only medical marijuana retail standards Delivery only medical marijuana retail establishments must also meet all requirements of Chapter 4.04 – 845
RESOLUTION NO. 2026-32
Commercial Cannabis Activity5.66 - Regulations and Requirements for Cannabis Businesses Permitted to Operate Under California State Law. 846
RESOLUTION NO. 2026-32
Section 5. CEQA. The project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 7. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section 8. Effective Date. This Ordinance shall take effect thirty days after its adoption.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 847
COURT
COURT
MOONEY
HWY
198
RD
124
HWY 198
2ND
AKERS
WEST
SHIRK
MOONEY
CALDWELL
DINUBA
COURT
GIDDINGS
RD 124
AVE 280
AVE 288
SHIRK
1ST
BURKE
WILLIS
MAIN
COUNTY
CENTER
BURKE
TULARE
RD 68
COUNTY CENTER
FERGUSON
LINWOOD
DIVISADERO
JACOB
LOCUST
COURT
HALL
CONYER
BRIDGE
BURKE
CONYER
TULARE
LOCUST
COURT
BRIDGE
RD 76
MOONEY
AVE
308
COURT
ST JOHNS
MAIN
SANTA
FE
ELDER
DOUGLAS
HURLEY
BEN MADDOX
WILLIS
WEST
CAIN
LINWOOD
CHINOWTH CHINOWTH
BETTY
MURRAY
PINKHAM
AVE 310
DEMAREE
COURT
CONYER
WOODLAND
SANTA FE
WILLIS
AVE 308
BEN MADDOX
ACEQUIA
RD 64
GIDDINGS
SANTA FE
CAIN
SANTA FE
COURT
COUNTY CENTER
CAIN
RD 72
3RD
3RD
DAMSEN
GOSHEN
GOSHEN
KELSEY
JACOB
WALNUT
MOONEY
ROEBEN
FERGUSON
CAMP
MILL CREEK
CALDWELL
HOUSTON BURKE
MINERAL KING
FRONTAGE
KELSEY
RD 116
CALDWELL
RIGGIN
WHITENDALE
NOBLE
RD
122
RD 108
RD 148
WALNUT
KELSEY
NOBLE
WALNUT
DEMAREE
MC AULIFF
COUNTY
CENTER
PLAZA
MC AULIFF
CAMERON
AVE 264
AKERS
IVANHOE
HWY
198
HWY
198
FERGUSON
NEELEY
RD 68
MINERAL KING
AVE 271
CAMERON
AVIATION
MOONEY
CENTER
RD 100
NOBLE
SANTA FE
MINERAL
KING
HWY 198
DOUGLAS
NOBLE
DOUGLAS
DEMAREE
GOSHEN
AVE 304
CAMPUS
RD 156
86 DOE
RD 152
RD 132
PLAZA
LOVERS
AVE 320
AVE 313
RASMUSSEN
K
AVE 308
RD 92
RD 100
AVE 296
AVE 304
MINERAL KING
CAMP
AVE 292
LINWOOD
NOBLE
FRONTAGE
AVE 272
HWY 99
AVE 316
SUNNYVIEW
PLAZA
RD 148
RD 124
RD 144
BEN MADDOX
RIVER WAY
RD 88
RIGGIN
PRATT
RD 92
RD 140
AVE 272
RD 108
RD 80
AVE 276
HWY 99
RD 152
AVE 320
AVE 280
County Areas
1200 SF Min Site Area
3000 SF Min Site Area
5000 SF Min Site Area
12500 SF Min Site Area
20000 SF Min Site Area
Open Space
Quasi-Public
Office Conversion
Professional / Administrative Office
Light Industrial
Industrial
Mixed Use Downtown
Mixed Use Commercial
Service Commercial
Regional Commercial
Neighborhood Commercial
Business Research Park
Airport
Agriculture
Zoning
600 ft Buffer from Sensitive Areas
Churches
Youth Centers
City Limits
State License Day Care
K-12 Schools
100 ft Buffer from Residential Zoning
¯
Downtown Prohibition Area
848
849
City Council
City of Visalia
Monday, July 20 , 2026
First Reading and Public Hearing, Ordinance No . 2026 -05 and Adoption of Resolution No . 2026 -42
850
Recommendation:
Hold a public hearing and introduce the first reading of Ordinance No. 2026 - 05:
- Adding Chapter 4.04, “Commercial Cannabis Activity”
- Rescinding Chapter 5.66
- Amending Chapter 8.64
- Approving Zoning Text Amendment No. 2026 - 01
Adopt Resolution No. 2026 - 42 establishing the application and selection process for both storefront and non -storefront retail cannabis business license applications.
Ordinance No . 2026 -05 and Resolution No . 2026 -42
851
Cannabis Business Ordinance Ch. 4.04:
- Retail hour restrictions: 9AM – 9PM
- Annual license terms to expire June 30th to align with our regular business tax term.
- Application and selection process to be codified by separate resolution.
- City Manager is authorized to make all decisions concerning the issuance of renewal licenses.
- All appeals will be heard by an appointee designated by the City Manager.
Ordinance No . 2026 -05
852
Sensitive uses and buffer sizes for retail storefront buffer:
- 600 foot buffer from existing:
- Churches
- Parks
- Schools – K- 12, public and private
- State licensed day care facilities
- Youth centers
- 100 foot buffer from all residential zoning
Ordinance No . 2026 -05
853
Includes residential
uses and parks
854
Rescinding Chapter 5.66:
When adopting the Cannabis Ordinance, staff recommends
rescinding Chapter 5.66. To reduce confusion and be more efficient, provisions in Chapter 5.66 are now incorporated into Chapter 4.04.
Amending Chapter 8.64:
This will also require some minor edits to Chapter. 8.64 to be consistent as well.
Ordinance No . 2026 -05
855
Ch. 17.04: Definitions
- Retail storefront and non -storefront
- Cultivation: Only the ‘Processor’ sub license type
- Manufacturing
- Distribution
- Testing laboratory
- Microbusiness: May only include ‘Processor’ Cultivation sub license type and non -storefront Retail use type amongst other use types
- Delivery only medical marijuana retail per state mandate Ord . 2026 -05 : Zoning Text Amendment No . 2026 -01
856
Chapter 17.25: Zone Use Matrix
Zones where each use type can be conditionally permitted:
- Retail Storefront: C - R, C - S, CMU (excl. Microbrewery Overlay) - I- L, I: Non -storefront, Distributors, Manufacturers, Microbusiness, Processors (in Industrial Park Overlay only)
- Testing Laboratories: CMU, O - PA, BRP, I - L, I
- Delivery Only Medical Marijuana Retail will remain permitted by right in the I - L, I zones in order to be in compliance with SB 1186 Ord . 2026 -05 : Zoning Text Amendment No . 2026 -01
857
Includes residential
uses and parks
858
- Commercial Cannabis Business Application
- Financial Responsibility, Indemnity and Consent to
Inspection Agreement
- Agreement on Limitations of City’s Liability (Indemnification) - Property Owner Consent/Landlord Affidavit
- Proof Property Ownership or Lease Agreement
- Proof of insurability from an Insurance Company
- Zoning Verification Application and Letter
- Application fee
- Background Check(s)
Resolution No . 2026 -42 : Business Application
859
Business Application Evaluation and Review:
- Business Plan
- Location and Neighborhood Compatibility Plan
- Safety and Security Plan
- Community Benefits Plan
- Licensees will be expected to pay an annual minimum to the City of $50,000 or 1% of annual gross receipts,
whichever amount is greater.
Resolution No . 2026 -42 : Application Evaluation
860
Lottery Selection vs. Merit based:
- Lottery 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.
- Staff is confident the application and selection process and cannabis business ordinance guidelines presented will result in quality operators being eligible for selection while also mitigating risk of lengthy appeal processing and
litigation.
Resolution No . 2026 -42 : Lottery Selection
861
- Selected applicants will have 12 months to acquire CUP and any necessary building permits and begin construction. Renewal licenses will not be provided to licensees who do not meet this timeframe. - Selected applicants will have 24 months to acquire their Certificate of Occupancy or risk license revocation.
- Cannabis Business License cannot be transferred or otherwise sold within the first 5 years of the date of issuance.
- A transferee must obtain an amendment to the license from the City Manager and the process is essentially a new application.
Resolution No . 2026 -42 : Lottery Selection
862
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.
Ordinance No . 2026 -05 and Resolution No . 2026 -42
863
Recommended Motion:
I move to conduct a public hearing for the first reading of Ordinance No. 2026 - 05 and adopt Resolution No. 2026 - 42.
Ordinance No . 2026 -05 and Resolution No . 2026 -42
864
Comments or
Questions?
865
Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0044 Agenda Date: 7/20/2026 Agenda #: 2.
Agenda Item Wording:
Appeal of Planning Commission Action - An appeal of the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, with respect to conditions regarding curb, gutter, sidewalk, and related frontage improvements along Lovers Lane and sidewalks within the proposed gated subdivision. The project applicant and appellant is D.R. Horton. The project is located on a ±78.11- acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127- 020-020 and -021).
Agenda Date: 07/20/2026
Prepared by:
Jarred Olsen, Principal Planner, [email protected] <mailto:[email protected]> (559) 713-4449
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation: Staff recommends that the City Council receive the staff report and presentation, hold a public hearing, and adopt Resolution Nos. 2026-46 adopting the Mitigated Negative Declaration, and adopt Resolution Nos. 2026-47, 2026-48, and 2026-49, denying the appeal and upholding the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24, as conditioned for each entitlement.
Summary: D.R. Horton has filed entitlement applications for the development of a 78.11-acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127-020-020 and -021). The entitlements include a General Plan Amendment, Annexation, Tentative Subdivision Map, Tentative Parcel Map, and Conditional Use Permit. A Mitigated Negative Declaration was also prepared that analyzed and identify mitigation measures for the project. A full description of the project is provided in the Planning Commission staff report (Exhibit “A”) to this report but each entitlement is summarized below:
· General Plan Amendment No. 2025-04: A request to reconfigure the land use designations on the subject property to accommodate the land use entitlements described below, in addition to amending the Circulation Element to realign the “K” Avenue Collector alignment to follow the Sunnyside Avenue alignment.
· Annexation No. 2025-02: A request to prezone portions of the site R-1 (Single-Family Residential zone), R-M-2 (Multi-family residential zone - 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone - 1,200 square foot minimum site area), and QP (Quasi-public zone) to be consistent with the proposed land use designation changes proposed in General Plan Amendment No. 2025-04, and annex the subject property into City Visalia City Council Page 1 of 9 Printed on 7/15/2026
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limits.
Please note that the General Plan Amendment and Annexation are separate public hearing items on the July 20, 2026, City Council agenda and will be considered when those matters are heard. · Clements Ranch Tentative Subdivision Map No. 5606: A request to subdivide parcels totaling ±78.11 acres into 292 lots for single-family residential uses and additional out lots for private streets, utilities, landscaping, lighting, trails, and parks, to be located within the proposed R-1, R-M-2, and QP zones. A ±20.81-acre designated remainder is also proposed. · Tentative Parcel Map No. 2025-13: A request to subdivide the subject property into four parcels for phasing and financing purposes, and a ±20.81-acre designated remainder. · Conditional Use Permit No. 2025-24: A request to allow a planned unit development on a ±15.3-acre portion of the site consisting of 153 single-family residential units, private streets, two gated entries, landscaping and lighting district lots, and park areas, to be located within the proposed R-M-2 zone.
On June 8, 2026, Planning Commission adopted a Mitigated Negative Declaration (MND) and conditionally approved the project entitlements, subject to City Council approving the associated General Plan Amendment, Prezone, and Annexation. Subsequently, the applicant filed a timely appeal with the City Clerk, citing an abuse of discretion with respect to the conditions requiring Lovers Lane frontage improvements along the property’s designated remainder and sidewalk requirements within the gated subdivision area (see Attachment “C” for the proposed tentative subdivision and parcel maps, and the site plan for the gated area).
This report supplements the Planning Commission staff report dated June 8, 2026 (see Exhibit “A”), which is incorporated herein by reference, and addresses only the issues raised in the appeal.
Procedural History: Below is a brief chronology of the project:
· June 11, 2025 - Site Plan Review staff issue a Revise and Proceed for the project. · November 13, 2025 - Entitlement applications deemed complete. · May 7, 2026 - After receipt of consultant-prepared technical studies and environmental document, a Notice of Intent to Adopt an MND published and circulated for public review. · June 8, 2026 - Planning Commission conducted a public hearing, adopted the MND, and conditionally approved Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025- 13, and Conditional Use Permit No. 2025-24.
· June 18, 2026 - D.R. Horton timely filed an appeal of the Planning Commission’s decision. · July 20, 2026 - City Council conducts a de novo public hearing on the appeal.
Appeal:
On June 18, 2026, the City Clerk received an appeal of the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map (TSM) No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24. The appeal was filed by D.R. Horton. The full text of the appeal is included in Exhibit “B”. A summary of the items raised in the appeal are:
1. CUP No. 2025-24 Condition 7(j)
The requirement to incorporate sidewalk within a private subdivision is inconsistent with Visalia City Council Page 2 of 9 Printed on 7/15/2026
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The requirement to incorporate sidewalk within a private subdivision is inconsistent with established City precedent for comparable projects. In the absence of a clear nexus or distinguishing project impact, we respectfully request that the City apply consistent development standards and allow Clements Ranch to proceed under the same criteria applied to comparable private developments.
2. Clements Ranch TSM No. 5606 Condition 7(a) and Tentative Parcel Map No. 2025-13 Condition 2 - Lovers Lane Improvements
These conditions require that D.R. Horton construct frontage improvements along Lovers Lane adjacent to the designated remainder parcel, which is not owned or controlled by D.R. Horton.
We respectfully request that these improvements be deferred in accordance with the California Subdivision Map Act, ensuring the infrastructure is properly aligned with the ultimate use of the remainder parcel.
Analysis of Issues Raised in the Appeal:
1. Condition 7(j) - Sidewalks
Appellant’s Position
The appellant requests removal of Planning Commission Condition 7(j), requiring sidewalks throughout the planned residential development. The appellant contends that the condition is inconsistent with the City's historical application of development standards for comparable private subdivisions. Specifically, the appellant notes that Arbor Gates, Ashton Park, Southern Highlands, Avalon, DaVinci, Barr-Wood, and Pratt Family Ranch were approved without requiring sidewalks throughout their private street systems and asserts that, in the absence of a distinguishing project impact, Clements Ranch should be subject to the same standards.
Staff Response:
Staff acknowledges that the City has not consistently required sidewalks within previously approved Planned Residential Developments with private streets. Staff's review confirms that application of this requirement has varied among prior discretionary approvals. Staff also recognizes that several of the developments identified by the appellant are comparable in size and design to the proposed development.
However, prior discretionary approvals do not establish mandatory development standards for future Planned Residential Developments. Rather, each Planned Residential Development is reviewed on its own merits under the applicable provisions of the Visalia Municipal Code and the City's adopted planning policies. Visalia Municipal Code Section 17.26.040, Development Standards, includes a provision which states, “Pedestrian access and bicycle paths should be incorporated within planned developments. Such paths and bikeways [are] to be separated from vehicle streets when possible.” This section establishes that the Planning Commission has the discretionary authority to impose sidewalks within a Planned Residential Development.
Likewise, the General Plan recognizes that the design of streets and pedestrian systems is one of the most important aspects of neighborhood design and establishes a clear objective of minimizing conflicts between pedestrians and vehicles while promoting pedestrian safety, accessibility, and connectivity. Although the General Plan allows flexibility through the Planned Residential Development process, it also provides that such flexibility should be balanced by public benefits. The applicant has proposed a development that includes approximately 727- foot-long residential blocks, an internal neighborhood park, private streets approximately 48.66 Visalia City Council Page 3 of 9 Printed on 7/15/2026
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foot-long residential blocks, an internal neighborhood park, private streets approximately 48.66 feet in width, and on-street parking throughout the development. While the General Plan's block-length guidance is advisory rather than regulatory (see Exhibit “E” - Block Length Guidance), it recognizes that longer residential blocks benefit from improved pedestrian connectivity, including mid-block pedestrian connections where appropriate. The proposed subdivision does not include mid-block pedestrian connections. Staff therefore finds that sidewalks throughout the development provide an appropriate means of improving pedestrian accessibility and connectivity consistent with the General Plan's objectives.
Because the applicant elected to utilize a wider street section than required by City standards, installation of sidewalks can be accommodated without materially affecting the subdivision layout, lot yield, curb and gutter, curbside parking, or overall project design. Therefore, staff found that requiring the pedestrian access path to be incorporated within the planned development, and separated from vehicle streets, was possible and conditioned by Planning Commission accordingly.
Staff further finds that sidewalks throughout the development help implement the City's longstanding planning objectives promoting pedestrian connectivity, accessibility, and active transportation, as discussed above. General Plan Policy T-P-10 directs the City to manage residential streets to maintain operating speeds between 15 and 25 mph. Sidewalks support this objective by providing pedestrians with a dedicated walkway separated from vehicular traffic, particularly where the applicant has proposed a wider-than-standard residential street section.
Sidewalks provide residents with a continuous pedestrian circulation system throughout the neighborhood, including access to the internal park and other common areas and to existing and planned schools, while reducing potential conflicts between pedestrians, parked vehicles, and moving vehicles. The Planning Commission therefore found that sidewalks represent an appropriate design feature for this Planned Residential Development and further the City's adopted objectives of pedestrian safety, accessibility, and connectivity.
Accordingly, staff continues to find that Planning Commission Condition 7(j) is appropriate and recommends that the City Council confirm the condition, as this condition promotes safe accessibility for future residents.
2. Condition 7(a) and Condition 2 - Lovers Lane Improvements Appellant Argument 1: The condition requires that D.R. Horton construct frontage improvements along Lovers Lane adjacent to the designated remainder parcel, which is not owned or controlled by D.R. Horton.
Staff Response:
Staff agrees that D.R. Horton does not presently own the designated remainder. However, the City has already acquired the necessary public right-of-way, as demonstrated on the applicant’s tentative map, for construction of the required frontage improvements. Accordingly, the condition does not require the applicant to dedicate additional right-of-way or acquire additional property. Rather, the condition requires construction of frontage improvements within existing public right-of-way concurrent with development of the subdivision.
Appellant Argument 2: Per California Government Code Section 66424.6(a)(2)(B), Visalia City Council Page 4 of 9 Printed on 7/15/2026
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infrastructure improvements are to be deferred until the parcel is developed.
While State law allows an exception if the City can make a specific finding that the improvements are a "necessary prerequisite to the orderly development of the surrounding area," the existing site conditions do not appear to support this requirement. When the remainder parcel is developed, that project should be conditioned to install the associated improvements along the property frontage.
Staff Response:
Government Code Sections 66424.6(a)(2)(A) and (B) provide two exceptions that allow local agencies to require infrastructure improvements on a remainder parcel as part of a subdivision approval. When the improvements are necessary for (A) the public health and safety or (B) when the required construction is a necessary prerequisite to the orderly development of the surrounding area. The appellant is arguing that neither apply. Staff disagrees with the developer’s argument and considers that Planning Commission had sufficient evidence to determine the frontage improvements are necessary for public health and safety and/or necessary for the orderly development of the surrounding area. The proposed subdivision represents the first phase of urban development on the project site. Construction of frontage improvements concurrent with the first phase extends public infrastructure along Lovers Lane as urban development occurs and avoids leaving a substantial portion of the project's arterial frontage unimproved for an indeterminate period pending future development of the designated remainder. Requiring the improvements providers a safer path of travel along Lovers Lane for pedestrians.
The remainder area is located between the existing residential developments along Lovers Lane to the north and the proposed residential development south of the remainder. While the designated remainder could ultimately construct the frontage improvements, if and when it develops, the timing of that development is unknown. Staff recommends that the City Council uphold the findings made by the Planning Commission and determine that constructing the improvements concurrent with the first phase is necessary for public health and safety and the orderly development of the surrounding area by connecting transportation, drainage, pedestrian, and other public infrastructure in this surrounding area.
Staff further notes that the City has previously required frontage improvements adjacent to designated remainder parcels. For example, the Pheasant Ridge subdivision located around the southeast corner of Shirk and Riggin included construction of frontage improvements at its corner. That designated remainder is now developed with the Vintage Visalia senior residential community.
Conversely, where frontage improvements have been deferred, they may remain unconstructed for many years. For example, the designated remainder within South Point Estates, approved in 2000, remained without frontage improvements until the City completed the improvements in 2026 as part of the grant-funded Caldwell Improvement Project. Staff finds that requiring frontage improvements concurrent with the first phase of development promotes the orderly extension of public infrastructure and avoids leaving significant gaps in Visalia City Council Page 5 of 9 Printed on 7/15/2026
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arterial improvements for an indeterminate period.
Appellant Argument 3: The surrounding area to the north and west are already developed and fully served by infrastructure, including curb, gutter, and sidewalks. The Clements Ranch subdivision will independently construct a complete and functional internal circulation system.
Staff Response:
Staff generally agrees that surrounding neighborhoods are substantially developed and that the subdivision provides a complete internal circulation system.
However, the City's concern is not the adequacy of the subdivision's internal circulation.
Rather, the condition addresses completion of the public arterial frontage along Lovers Lane.
Internal streets and frontage improvements serve different planning purposes. Construction of frontage improvements provides curb, gutter, sidewalk, drainage, pavement widening, trafficcontrol devices, and related public infrastructure serving the subdivision, adjacent properties, and the traveling public.
The subdivision fronts on Lovers Lane, a four-lane divided arterial with a posted speed limit of 55 miles per hour. Completion of frontage improvements adjacent to the subdivision provides curb, gutter, sidewalk, drainage, and related public infrastructure immediately serving residents, visitors, pedestrians, bicyclists, and emergency responders. Furthermore, the applicant’s traffic study indicates that a signalized intersection is not warranted at this time, thus guests and residents of the subdivision would have to travel over a quarter-mile along an unimproved shoulder to reach the nearest existing sidewalk on the east side of Lovers Lane (see Exhibit “D”).
The required improvements are not limited to sidewalks, but also include pavement widening, curb, gutter, drainage, traffic-control devices, and related public improvements that immediately serve the subdivision.
Appellant Argument 4: The project does not represent leapfrog development or a gap in infrastructure continuity; rather, it is a single site within an area that is already substantially developed or planned.
Staff Response:
Staff does not agree that the project, without the required frontage improvements, would not create a gap in infrastructure continuity. The proposed subdivision fronts onto Lovers Lane, where approximately one-quarter mile of curb, gutter, and sidewalk remain unconstructed along the east side of the roadway between the project frontage and the next existing public improvements. Deferring frontage improvements would perpetuate that gap after the subdivision is occupied.
The proposed subdivision relies upon and extends the City’s existing public infrastructure systems. Staff finds that pedestrian infrastructure should likewise be extended as urban development occurs so that the transportation network develops in a coordinated and orderly manner. Requiring completion of only certain public improvements, while deferring sidewalks, curb, and gutter until an unknown future date, would result in an incomplete urban streetscape along a major arterial serving the subdivision.
Accordingly, staff continues to find that Planning Commission Condition 7(a) promotes the Visalia City Council Page 6 of 9 Printed on 7/15/2026
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Accordingly, staff continues to find that Planning Commission Condition 7(a) promotes the orderly extension of public infrastructure and supports the finding required by Government Code section 66424.6.
Appellant Argument 5: This condition imposes a disproportionate financial burden on D.R.
Horton (estimated at approximately $500,000) for improvements that primarily benefit future development of the remainder parcel.
Staff Response:
Staff acknowledges that future development of the designated remainder will benefit from the completed frontage improvements. However, the improvements also provide immediate public benefits by completing arterial frontage improvements serving the subdivision, adjacent properties, pedestrians, bicyclists, emergency responders, and the traveling public.
In addition, future benefiting properties may be subject to reimbursement through a Area of Benefit or other reimbursement mechanism authorized by the City, allowing an equitable allocation of eligible improvement costs as additional development occurs.
Staff informed the appellant that an Area of Benefit could be considered to help recoup cost for doing the improvements when the designated remainder is developed; however, the appellant informed staff that an Area of Benefit was not feasible for their development.
Appellant Argument 6: We respectfully request that these improvements be deferred in accordance with the California Subdivision Map Act, ensuring the infrastructure is properly aligned with the ultimate use of the remainder parcel.
Staff Response:
Staff recognizes that the Subdivision Map Act authorizes deferred construction of designated remainder improvements under appropriate circumstances. However, it also authorizes a local agency to require earlier construction when supported by the required findings. For the reasons discussed above, staff continues to find that construction of the frontage improvements concurrent with development of the first phase is a necessary prerequisite for the orderly development of the area and provides immediate public health and safety benefits.
Accordingly, staff recommends that Planning Commission’s Condition 7(a) and Condition 2 be confirmed without modification.
Conclusion:
Based upon the foregoing, staff finds that the Planning Commission did not abuse its discretion and recommends that the City Council confirm the Planning Commission's conditional approval of the Clements Ranch Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24.
Fiscal Impact including annual maintenance and operating costs: None.
Prior and Other Council Actions: No prior actions. A separate City Council public hearing item on the July 20, 2026, agenda pertains to other entitlements related to the Clements Ranch Subdivision wherein the City Council has the final authority on the following actions: Adoption of General Plan Amendment No. 2025-04; Introduce for first reading of Ordinance No. 2026-07; and Initiation of Annexation No. 2025-04.
Visalia City Council Page 7 of 9 Printed on 7/15/2026
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File #: 26-0044 Agenda Date: 7/20/2026 Agenda #: 2.
Recommended Motion (and Alternative Motions if expected):
I move to deny the appeal and uphold the Planning Commission’s adoption of Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program prepared for the Clements Ranch Tentative Subdivision Map No. 5606 and Conditional Use Permit No. 2025-24.
I move deny the appeal and uphold the Planning Commission’s approval of Clements Ranch Tentative Subdivision Map No. 5606 per Resolution No. 2026-47.
I move to deny the appeal and uphold the Planning Commission’s approval of Tentative Parcel Map No. 2025-13 per Resolution No. 2026-48.
I move to deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit No. 2025-24 per Resolution No. 2026-49.
In the case of a tie vote, the planning commission decision shall stand, and shall be considered final as of the date of the Council vote.
Alternatives: The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Overturn the decision of the Planning Commission to conditionally approve Tentative Subdivision Map No. 5606 and Conditional Use Permit No. 2025-24; or
2. Confirm the Planning Commission’s decision to conditionally approve Tentative Subdivision Map No. 5606, Tentative Parcel Map No. 2025-13, and Conditional Use Permit No. 2025-24 with conditions and/or modifications as specified by the City Council; or
3. Continue the matter to the next meeting, if necessary to direct staff to prepare conforming resolutions with the appropriate findings.
CEQA Review: An Initial Study and Mitigated Negative Declaration (MND) was prepared for the project. Following circulation for public review, staff determined that, with implementation of the adopted mitigation measures, the project would not result in significant environmental impacts. Staff recommends adoption of Resolution No. 2026-46.
Deadline for Action: 07/20/2026
Attachments:
Exhibit A - Planning Commission Staff Report
Exhibit B - Appeal Letter
Exhibit C - Tentative Maps and Site Plan
Exhibit D - Sidewalk Exhibit
Exhibit E - Block Length Guidance
Resolution No. 2026-46 - Mitigated Negative Declaration Resolution No. 2026-47 - Tentative Subdivision Map
Resolution No. 2026-48 - Tentative Parcel Map
Resolution No. 2026-49 - Conditional Use Permit
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File #: 26-0044 Agenda Date: 7/20/2026 Agenda #: 2.
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Visalia City Council Page 9 of 9 Printed on 7/15/2026
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REPORT TO CITY OF VISALIA PLANNING
COMMISSION
HEARING DATE: June 8, 2026
PROJECT PLANNER: Jarred Olsen, AICP, Principal Planner
Phone No.: (559) 713-4449
Email: [email protected]
SUBJECT: D.R. Horton requests the following entitlements on a ±78.11-acre site located on the east side of South Lovers Lane Avenue, north of Caldwell Avenue (APN: 127- 020-020 and -021):
General Plan Amendment No. 2025-04: A request to reconfigure the land use designations on the subject property to accommodate the land use entitlements described below, in addition to amending the Circulation Element to realign the “K” Avenue Collector alignment to follow the Sunnyside Avenue alignment.
Annexation No. 2025-02: A request to prezone portions of the site R-1 (SingleFamily Residential zone), R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone) to be consistent with the proposed land use designation changes proposed in General Plan Amendment No. 2025-04, and annex the subject property into City limits.
Conditional Use Permit No. 2025-24: A request to allow a planned unit development on a ±15.3-acre portion of the site consisting of 153 single-family residential units, private streets, two gated entries, landscaping and lighting district lots, and park areas, to be located within the proposed R-M-2 zone.
Clements Ranch Tentative Subdivision Map No. 5606: A request to subdivide parcels totaling ±78.11 acres into 292 lots for single-family residential uses and additional lots for private streets, utilities, landscaping, lighting, trails, and parks, to be located within the proposed R-1, R-M-2, and QP zones. A ±20.81-acre designated remainder is also proposed.
Tentative Parcel Map No. 2025-13: A request to subdivide the subject property into four parcels for phasing and financing purposes, and a ±20.81-acre designated remainder.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve, as conditioned, the following entitlements based on the findings in their respective resolutions below, based on the conclusion that the requests are consistent with the Visalia General Plan and Zoning Ordinance:
• General Plan Amendment No. 2025-04; Resolution No. 2026-32 • Annexation No. 2025-04; Resolution No. 2026-33
Staff recommends that the Planning Commission approve, as conditions, the following entitlements based on the findings in their respective resolutions below, based on the conclusion 875
that the requests are consistent with the Visalia General Plan and Zoning and Subdivision Ordinances, as proposed:
• Conditional Use Permit No. 2025-24; Resolution No. 2026-34 • Tentative Subdivision Map No. 5606; Resolution No. 2026-35 • Tentative Parcel Map No. 2025-13; Resolution No. 2026-36
RECOMMENDED MOTION
I move to recommend that the City Council approve the following entitlements, based on the findings and conditions found in their respective resolutions:
• General Plan Amendment No. 2025-04; Resolution No. 2026-32 • Annexation No. 2025-04; Resolution No. 2026-33
I move to approve the following entitlements, based on the findings and conditions found in their respective resolutions:
• Conditional Use Permit No. 2025-24; Resolution No. 2026-34 • Tentative Subdivision Map No. 5606; Resolution No. 2026-35 • Tentative Parcel Map No. 2025-13; Resolution No. 2026-36
PROJECT DESCRIPTION
D.R. Horton has filed entitlement applications for the development of a 292-lot single-family residential subdivision, on ±34.51 acres of two parcels totaling ±78.11 acres, located outside of City Limits and within the Tier II urban development boundary. The project site is currently a mix of fallowed and farmed land listed as prime farmland/farmland of statewide importance.
Entitlements for this project are described further below.
General Plan Amendment No. 2025-04 seeks to reconfigure the land use designations on the property to align with their proposed development. Additionally, D.R. Horton is seeking to amend the circulation diagram of the Circulation Element to realign the “K” Avenue collector currently shown as a straight-through from Lovers Lane to where the SCE Rector Substation is located.
Annexation No. 2025-04 is a request to prezone these parcels consistent with their proposed land use designations and annex them into the Visalia City Limits.
Conditional Use Permit No. 2025-24 is a request to establish a Planned Residential Development consisting of single-family residences and private streets and establishing the following development standards, deviating from those of the applicable R-M-2 zone (all below are expressed in minimums):
R-M-2 As Proposed
Minimum Lot Area 3,000 sq. ft. 2,675 sq. ft.
Front Yard Setback, to Living Space 15 feet 7 feet
Front Yard Setback, to Garage 22 feet 12 feet
Side Yard, Interior 5 feet 4 feet
Side Yard, Steet Side 10 feet 10 feet
Rear Yard 15 feet 5 to 10 feet
Lot Width N/A 38 feet
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R-M-2 As Proposed
Lot Depth N/A 72 to 77 feet
The Planned Residential Development proposes private, gated streets at a width of 48.66 feet, with rolled curbs delineating the residential space from the private road. No sidewalks are proposed. This width will allow for curbside parking for guests. The City standards for a local road, curb-to-curb is 40 feet. In exchange for reduced setbacks and lot area, and in accordance with the Planned Residential Development standards, a minimum of five (5) percent of the private residential area is set aside for park space, which is proposed to be dispersed throughout the private residential area near each corner. Planned Residential Developments are required to provide the floor plans and elevations of the development within the proposed area. These can be found under Attachments “A” and “B” of Resolution No. 2026-34.
Clements Ranch Subdivision Map No. 5606 is a request to subdivide the ±78.11-acre parcels into a 292-lot single-family residential subdivision (see Attachment “A” of Resolution No. 2026-35). The density of the subdivision will be consistent with the density ranges of the Low and Medium Density Residential General Plan land use classifications, which notes density between 2 to 10 units per acre and 10 to 15 units per acre, respectively. The subdivision will be constructed with both public and private streets, with private streets, landscape outlots, walking trails, a neighborhood park, and additional amenities. Infrastructure and amenities in the portion with private streets are conditioned to be maintained by a homeowner’s association (HOA). The private nature of a portion of the subdivision, in addition to deviation from Visalia Municipal Code standards for lots within the R-M-2 zone, would be enabled by the Planned Residential Development proposed under Conditional Use Permit No. 2025-24 and discussed above. A ±20.81-acre designated remainder is proposed where the subject property would be zoned R-M-3. No development is proposed on the designated remainder.
Lastly, Tentative Parcel Map No. 2025-13 is proposed to subdivide the project site into four parcels and a ±20.81-acre designated remainder (see Attachment “A” of Resolution No. 2026-36).
The proposed configuration of these parcels are intended to allow the developer to purchase the land from the seller in phases and individually develop each portion of the tentative subdivision map.
BACKGROUND INFORMATION
General Plan Land
Use Designation:
Existing Proposed
Low Density Residential
Medium Density Residential
High Density Residential
Conservation
Low Density Residential
Medium Density Residential
High Density Residential
Conservation
Parks and Recreation
Proposed City
Zoning:
R-1 (Single-family residential zone); R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area); R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area); QP (Quasi-public zone) Surrounding Zoning
and Land Use: North:
R-1-5 / Higgins Ranch and Pearl Woods residential
subdivisions
877
South:
Tulare County jurisdiction, AE-20 (Exclusive Agricultural, 20 Acre Minimum) / Farmland
East:
Tulare County jurisdiction, AE-20 (Exclusive Agricultural, 20 Acre Minimum) / Farmland
West:
R-1-5, R-M-3, C-MU / Sequoia Vista apartments, Park Place subdivision, vacant land
Environmental
Review:
An Initial Study / Mitigated Negative Declaration was prepared.
Special Districts: None
Site Plan Review: SPR No. 2025-013
NEARBY AND RELATED PROJECTS
On May 9, 2022, the Planning Commission recommended City Council approve Annexation No. 2021-03, and approved Higgins Ranch Tentative Subdivision Map No. 5585 and Tentative Parcel Map No. 2022-01, which was a request to subdivide a 32.35-acre parcel into 174-lots for residential uses.
On June 12, 2023, the Planning Commission recommended City Council approve Annexation No. 2022-05, and approved the Pearl Woods Tentative Subdivision Map No. 5591 and Tentative Parcel Map No. 2023-07, which proposed to subdivide a 67.70-acre parcel into 273-lots for residential uses.
PROJECT EVALUATION
General Plan Amendment, Reconfiguration of Land Uses
The applicant proposes to reconfigure the existing land uses on the subject property to create more squared off land use designations. The Medium Density Residential portion of the property is proposed to be relocated to the northeast corner of the property, and the High Density Residential portion to the northwest. Low Density Residential is proposed on the south side of the proposed Sunnyside Avenue alignment. The existing configuration of the High Density Residential land use is flag shaped and does not realistically represent a developable area. Squaring off the shape would result in a more developable site. Staff supports the reconfiguration as it continues to locate the more intensive land uses along major streets. For purposes of the No Net Loss provisions of the Housing Crisis Act, the proposed configuration of general plan land use designations would not reduce residential capacity. While staff supports the reconfiguration of land use designations, staff request that the Tentative Subdivision Map record a notice on lots abutting or adjacent to the High Density Residential land use a disclosure notice to inform potential buyers of this high density residential land use designation and the expected development which will accommodate multi-family development when a land use entitlement is brought forth for approval.
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Existing Land Use Designations Proposed Land Use Designations As depicted above, the land use designation changes provide a more logical shapes and transitions, which would result in a superior land use configuration. Park and Recreation space is proposed alongside Cameron Creek. 879
General Plan Amendment, “K” Avenue Collector Realignment The “K” Avenue Collector alignment as depicted in the General Plan’s Circulation Element carries the Collector along the San Joaquin Railroad line, terminating at Road 148. However, upon further review, the SCE Rector Substation is regrettably located in the future K Avenue alignment. Given that the likelihood of SCE or the City agreeing to relocate an important and consequently prohibitively expensive piece of infrastructure, staff concurs on the applicant’s request to propose an alignment which intends to carry the collector along the future Sunnyside Avenue alignment further south. As depicted in the aerial photograph below, a residence is located at the eastern edge of the Sunnyside alignment, nearest Road 148. While these alignments are schematic in nature and do not represent the “locked-in” final alignment, staff felt that the proposed realignment was enough of a departure to warrant an amendment to the General Plan Circulation Element.
The future alignment of “K” Avenue, depicted above in the dashed red line, runs through SCE-owned property. The proposed realignment is shown as a dash orange line. These alignments are schematic in nature and do not represent the final alignment.
Annexation and Prezone
The subject property is currently not located in the Visalia City Limits. In order for the City to apply its land use jurisdictional rules and regulations, the land must be annexed into City limits and assigned zoning designation(s). The Annexation is supported on the basis that the proposed uses would be consistent with Visalia General Plan Land Use Element Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary when it is consistent with the City’s Land Use Diagram, as it is proposed to be amended. The site will be pre-zoned to R-1, R-M-2, R-M-3, and QP, consistent with the subject property’s proposed General Plan land use designations (as determined by Table 42 of the Housing Element). The City supports the annexation as the City has capacity to serve the Project and represents a logical expansion of City limits. 880
The proposed zoning of the subject property coincides with the land use designations proposed under General Plan Amendment No. 2025-04.
881
General Plan Consistency
Land Use Element Policies
The project is consistent with Visalia General Plan Land Use Element Policy LU-P-21, which states that the city should “Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”. The proposed site is within the County of Tulare and is adjacent to and consistent with existing developed residential sites to the north and west. Existing utility infrastructure (i.e., water, sewer, and stormwater) can be provided to accommodate the project at buildout. Furthermore, the site is located within the Tier II Urban Development Boundary (UDB), which allows for immediate development of a project site upon its successful annexation. Note the City of Visalia met General Plan residential land use thresholds for expansion into the Tier 2 UDB in July 2021.
The project is also consistent with Policies LU-P-55 and LU-P-56. These policies allow for residential development consistent with the Low and Medium Density Residential designations at a density range between 2 to 10 and 10 to 15 dwelling units per gross acre, respectively. The proposed development will be developed at residential densities consistent with these land use designations and their respective zoning districts. These policies are intended to facilitate “singlefamily detached housing” and “small-lot single family”. The proposal meets the intent of the policy, providing a development compatible with residential areas to the north and west, with lot sizes comparable to surrounding lots, at a location that transitions smoothly with agricultural areas to the south and east.
Housing Accountability Act (Government Code section 66589.5) The Housing Accountability Act (HAA) requires local agencies to approve housing developments that are consistent with applicable general plan, zoning, and subdivision standards, including design review, if they were in effect at the time that the housing development application was deemed complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and that there is no feasible way to mitigate or avoid the impact. 1 This
project requires legislative approval of the General Plan Amendment and to prezone the site to establish zoning for the site. Therefore, the provisions of the HAA do not apply to this project.
With approval of the attached Conditional Use Permit/Planned Residential Development, the project is considered to be consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and single-family residential development standards, should the General Plan Amendment and Prezone are approved. The lots proposed for the Clements Ranch subdivision meet density standards for the Low and Medium Density Residential land use designations.
Furthermore, the subdivision will develop a private network of local streets and improve adjacent Collector and Arterial public roadways, thereby facilitating increased street connectivity to accommodate future growth areas.
Prime Farmland
The subject property is designated prime farmland or farmland of statewide importance, as defined per the Tulare County Farmland Mapping and Monitoring Program. As such, the project site is subject to the City’s Agricultural Preservation Ordinance (APO). Payment of fees or proof of acquisition of an agricultural conservation easement pursuant to the requirements of the APO will be required prior to development of each phase or the designated remainder. 1 Gov. Code Section 65589.5(j)(1).
882
Conditional Use Permit No. 2025-24
The project proposes to subdivide the R-M-2 area into parcels smaller than the minimum specified in the zoning ordinance, in addition to reduced setbacks, located within private, gated streets.
Setbacks and Open Space
These requests require the approval of a Planned Residential Development, which are processed as a Conditional Use Permit. In exchange for reduced setbacks and lot areas, the proposal is providing a sufficient amount of open space to comply with the City’s requirements for Planned Residential Developments, and these open space areas are dispersed throughout the development. Staff is requesting a condition regarding development standards of these park spaces. Staff however is requesting that the minimum rear yard setback is increased throughout the entirety of the Planned Residential Development to ten (10) feet. This is consistent with the Pratt Family Ranch subdivision.
Parking and Sidewalks
Staff is requiring that dwelling unit parking be located in a garage, given that each lot’s proposed front yard setback is insufficient to accommodate a vehicle. The private right-of-way width at 48.66 feet is sufficient to accommodate on-street parking, and is also of sufficient width to also provide sidewalks, which the proposal does not. Consistent with other private subdivisions in Visalia, including the Barr-Wood subdivision now being developed at Roeben and Whitendale, staff is requesting a condition that sidewalks be installed on at least one side of the private street.
Solid Waste and Homeowner’s Associations
Solid waste expressed concerns that solid waste collection will be made difficult, as requested a condition that the streets be signed to indicate “No Parking on Solid Waste Collection Days”.
Private streets require an entity to own and maintain the private infrastructure, which includes the sewer mains, roads, gates, fences, landscaping, and open space. Formation of a Homeowner’s Association (HOA) is required, and the conditions indicate the responsibilities that the HOA will be required to conduct. Parking restrictions, such as during solid waste collection days, will be a responsibility of the HOA to enforce. The conditions also allow, but not require, the City to enforce the provisions of the HOA in the event of failure to adequately maintain the private improvements or their reserve fund. This will ensure that the goal of a private subdivision is maintained and the likelihood of the HOA requesting the City take over responsibility is greatly reduced.
Building Elevations/Floor Plans
Building elevations and floor plans for the Planned Residential Development are included in Exhibits “C” and “D”. Per the submittal, the applicant will be providing three floor plans of twostory residences, ranging from 1,380 to 1,775 square feet of livable space, each with three architectural styles and three to four bedrooms. The proposed street facing façades will feature various forms of architectural ornamentation depending on the style chosen, such as batten siding, shutters, mission tile roofing, shingle siding, wood railings, glazed tile over doorways, brick/stone veneers, and metal awnings. These floorplans and elevations are similar to those found in the Jacobglen area found in Pratt Family Ranch subdivision. Consistency with the exterior elevations will be enforced through the Building Permit process. Objective Design Standards for single-family residential developments are only applicable in R-S zones, and thus compliance with these standards were not determined.
883
Tentative Subdivision Map No. 5606
This subdivision proposes a total of 292 lots, with a mix of outlots for park space, trails, a CalWater well site, and other amenities. Subdivision of the private gated area discussed above will be enabled by the approval of Conditional Use Permit No. 2025-24.
The project will be required to dedicate both sides of Sunnyside Avenue, and this road will generally serve as the main access point into both the north and south side of the subdivision.
The south side, which accommodates the zoning-compliant lots, also contains creek-adjacent park space and a regional-serving stormwater basin. This area contains a couple of long cul-desacs, which are necessitated by the distance from the Lovers Lane and Caldwell intersection and the subdivision’s articulation next to the creek. Pedestrian access will be made available to the trail from each cul-de-sac. The subdivision will also be required to construct its frontage improvements along Lovers Lane, helping to connect this subdivision to other parts of Visalia.
The subdivision map proposes a ±20.81-acre designated remainder, which is where the proposed High Density Residential land use designation would be located. This area will be encumbered with the future relocation and undergrounding of the Tulare Irrigation Canal, at the request of Tulare Irrigation District. A notice will be required to be recorded on the designated remainder to inform future buyers of this requirement.
Designated Remainder
Designated remainders are treated differently in the Subdivision Ordinance. Typically, improvements are required for all lots; however, designated remainders are generally excepted from this requirement. The City may however require fulfillment of construction requirements along the designated remainder within a reasonable time following approval of the final map and prior to issuance of a permit for the development of the remainder parcel, but one of the following findings must be made:
1. The fulfillment of the construction requirements is necessary for reasons of public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.
Staff does not believe the requirements are necessary for reasons of public health and safety purposes. However, staff would request the Planning Commission make the following findings with respect to orderly development, which includes:
1. Orderly Development. The required frontage improvements along the designated remainder are necessary to ensure the orderly and logical development of the area. The designated remainder is an integral part of the urbanizing area and will be bordered by public improvements constructed as part of the subdivision. Completion of the frontage improvements will promote continuity of the transportation, utility, drainage, and pedestrian networks and prevent fragmented infrastructure patterns.
2. Prevention of Leapfrog Development. Deferral of frontage improvements until development of the designated remainder would create the potential for incomplete public infrastructure and leapfrog development patterns inconsistent with the General Plan and the City's orderly growth objectives. Requiring the improvements before approval of a subsequent final map ensures that urban infrastructure is extended in a coordinated manner.
3. Reasonable Relationship to the Subdivision. The required improvements, including street widening, curb, gutter, sidewalk, drainage, traffic-control devices, and related public 884
not accepted for dedication, the subdivider would be able to use this site as another residential lot.
• Storm Drainage: A storm drainage basin is proposed at the southern end of the development, nearest Cameron Creek. This drainage basin will be sized to serve the development and the designated remainder.
• Cameron Creek: The public portion of the residential subdivision abuts Cameron Creek.
Portions of the Creek are dedicated to the City, and a trail would be constructed.
Connection points to the trail would be provided from the residential subdivision. A concept of this trail can be found attached to this report.
• Public Park: A public park, approximately 1.4 acres in area, is proposed at the southeast end of the subdivision, adjacent to Cameron Creek. This park would be maintained by a Landscape and Lighting Maintenance District for the public street area of the subdivision. • Mid-Block Pedestrian Connections: Midway through Streets “B”, “D”, “E”, as well as “A” and “C”, 10-foot wide pedestrian connections are proposed. While these are proposed to be dedicated to the City and would be maintained by a Landscape and Lighting Maintenance District, these are quite narrow and not conducive to travelling through. Staff recommends that these be widened to 15 feet to accommodate a five-foot wide sidewalk flanked on each side by a five-foot wide landscaping strip. Staff’s proposed width is consistent with that found in Phase 1 of Carleton Acres, cul-de-sac connections in the Blankenship subdivision, and the Pratt Family Ranch Tier 3 subdivision. • Canal: The existing Tulare Irrigation Canal bisects the proposed designated remainder at an odd angle. Tulare Irrigation District requests that this canal be undergrounded and relocated, but sees it not necessary to do so with the proposed development. A condition is proposed to record a notice on the designated remainder to inform future developers of this requirement.
Subdivision Map Act
California Government Code Section 66474 lists seven findings for which a legislative body of a city or county shall deny approval of a tentative map if it is able to make any of these findings.
These seven “negative” findings have come to light through a recent California Court of Appeal decision (Spring Valley Association v. City of Victorville) that has clarified the scope of findings that a city or county must make when approving a tentative map under the California Subdivision Map Act.
Staff has reviewed the seven findings for a cause of denial and finds that none of the findings can be made for the proposed tentative subdivision map. The seven findings and staff’s analysis are below. Recommended findings in response to this Government Code section are included in the recommended findings in the resolution for the approval of the tentative subdivision map.
GC Section 66474 Finding Analysis
(a) That the proposed map is not consistent with
applicable general and specific plans as specified
in Section 65451.
The proposed tentative subdivision map
have been found to be consistent with the
City’s General Plan, should the proposed
General Plan Amendment be approved.
885
improvements, are reasonably related to the impacts and development pattern created by the subdivision and are necessary to integrate the subdivision with the surrounding public infrastructure system. The regional stormwater basin is sized to accommodate the designated remainder and its frontage improvements. Construction of the improvements will reduce the fragmented nature of the pedestrian network and allow residents of the subdivision to visit other areas.
4. The Timing Requirement is Reasonable. Requiring construction of the frontage improvements with the first phase of development a reasonable opportunity for implementation while ensuring that the improvements are completed within a timeframe that supports orderly urban development and avoids indefinite postponement.
5. No Unfair Burden. The requirement does not impose an unreasonable burden because the subdivider may utilize improvement agreements, security instruments, reimbursement agreements, benefit districts, or other mechanisms authorized by law to allocate costs among benefitting properties and future development.
These findings are made in the resolution prepared for the Tentative Subdivision Map.
The City has required improvements along designated remainders in the past, specifically Pheasant Ridge Unit No. 7, Phase 1, where the senior residential development currently exists at the southeast corner of Riggin Avenue and Shirk Street.
Tentative Parcel Map No. 2025-13
This parcel map proposes a designated remainder, which is a portion of the site set aside for future subdivision. Although staff had concerns that the approval of this tentative parcel map and future recording of the final parcel map would preclude the City from requiring the construction of frontage improvements along the designated remainder of the tentative parcel map due to the language in Section 66411.1 of the Subdivision Map Act, staff concludes that the findings to impose improvements along the designated remainder for the Clements Ranch Tentative Subdivision Map No. 5606, which include the construction of curb, gutter, and sidewalk along the designated remainder, are addressed and conditioned as part of the subdivision map. In addition, some of the parcels proposed would be landlocked; staff is therefore requesting that a condition be placed that requires access and utility easements to reach each parcel.
Infrastructure
The project will require improvements to the following infrastructure:
• Major Streets: Both Lovers Lane and Sunnyside Avenue would be constructed to their Engineering standard widths, and 10-foot wide landscape outlots would be constructed where residences abutting those streets. A six-foot tall block wall would delineate the residential space from the major street to provide noise attenuation and safety from higher speeds associated with major streets.
• Water and Sanitary Sewer Service: The subdivision will be required to extend water and sewer mains to and throughout the subdivision. The developer will be required to coordinate with City staff on design and construction requirements for the sanitary sewer.
The sanitary sewer master plan for the entire development will be required to be submitted for review prior to approval of any portion of the system. A condition is placed on the tentative subdivision map requires that prior to recordation of Final Map that the subdivider obtains a valid, current Will Serve letter from the California Water Service. Outlot C is proposed to be dedicated to California Water Service for a future well site. If this outlot is 886
GC Section 66474 Finding Analysis
(b) That the design or improvement of the
proposed subdivision is not consistent with
applicable general and specific plans.
The proposed design and improvements of
the subdivision have been found to be
consistent with the City’s General Plan.
There are no specific plans applicable to the
proposed maps.
(c) That the site is not physically suitable for the
type of development.
The site is physically suitable for the
proposed maps and its affiliated
development plan. While a portion of the site
is located in a 100-year floodplain, the
development would raise the finished floor
elevation to or above the base flood
elevation, in conformance with the City’s
Floodplain Management Regulations.
(d) That the site is not physically suitable for the
proposed density of development.
The site is physically suitable for the
proposed maps and their affiliated
development plan, which is designated as
Low and Medium Density Residential. The
subdivision is located on relatively flat land
and is required to connect to City sewer
services. Therefore, there are no concerns
regarding site suitability with respect to the
subdivision’s proposed density.
(e) That the design of the subdivision or the
proposed improvements are likely to cause
substantial environmental damage or
substantially and avoidably injure fish or wildlife
or their habitat.
The proposed design and improvements of
the maps have not been found likely to cause
environmental damage or substantially and
avoidably injure fish or wildlife or their
habitat. This finding is further supported by
the project’s determination of no new effects
under the Guidelines for the Implementation
of the California Environmental Quality Act
(CEQA).
(f) That the design of the subdivision or type of
improvements is likely to cause serious public
health problems.
The proposed design of the map has been
found to not cause serious public health
problems.
(g) That the design of the subdivision or the type
of improvements will conflict with easements,
acquired by the public at large, for access through
or use of property within the proposed
subdivision.
There are no existing public access
easements on the subject property, therefore
the subdivision design or its improvements
would not conflict with such easements.
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Environmental Review
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project, which disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources:
• Four mitigation measures pertaining to Agricultural, Biological, Cultural, Geological, Hazards, Traffic, and Tribal Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction. Measures also address the Santa Rosa Rancheria Tachi Yokut Tribe’s concerns regarding Tribal history and knowledge of the area. Biological impacts are proposed to be mitigated through preconstruction surveys. Hazards relate to unknown underground storage or septic tanks.
The project will be required to pay its fair share of traffic impact mitigation.
A Water Supply Assessment was prepared by the California Water Service and found that the water purveyor will have adequate capacity to serve the project and the zoning of the designated remainder.
Public Comment
This hearing and the initial study was noticed on May 8, 2026, providing the general public and nearby property owners and residents a 30-day review and comment period.
No public comment was received as of the publication of this report.
With respect to the Initial Study / Mitigated Negative Declaration circulated for this project, the City received one comment letter(s) from the Department of Toxic Substances Control and is attached to this report.
Responses were prepared by the consultant who prepared the Initial Study / Mitigated Negative Declaration, which are attached to this report. Staff concurs with the consultant’s response, that the existing site conditions, as well as existing regulations, would address all concerns stated in DTSC’s letter. Staff finds that the environmental document does not need to be recirculated.
No other formal comments were received as of the publication of this report. Consequently, the Mitigated Negative Declaration for the project is recommended for adoption.
RECOMMENDED CONDITIONS OF APPROVAL
General Plan Amendment No. 2025-04
None.
Annexation No. 2025-04
The applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft Pre-Annexation Agreement is attached herein as Attachment “B” and is subject to final approval by the City Council of the City of Visalia.
Conditional Use Permit No. 2025-24
1. Conditional Use Permit No. 2025-24 shall apply to the area depicted in Tentative Subdivision Map No. 5606 as Lots 140 through 292 and Outlots M through T (“PRD Area”).
2. Annexation No. 2025-04 shall be approved, the PRD Area be prezoned to R-M-2, and the subject property annexed into City limits.
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3. The PRD Area shall be developed in substantial conformance with Exhibit “A” and the comments and conditions of Site Plan Review No. 2025-013-1-1-1-1, incorporated herein by reference.
4. That the project be developed in substantial conformance with all improvements depicted and described in Exhibits “A” through “C”.
5. Subdivision of the PRD Area shall not occur unless Tentative Subdivision Map No. 5606 is approved.
6. Prior to the issuance of any residential building permit on the site, a valid Will Serve Letter from the California Water Service Company shall be provided to the Building Official.
7. The PRD Area shall comply with the development standards of the R-M-2 zone district, with the following exceptions:
a. Minimum Lot Width: 38 feet, as measured from a point midway between the front and rear lot lines.
b. Minimum Interior Side Yard: 4 feet
c. Minimum Corner Side Yard: 10 feet
d. Minimum Front Yard, to Living Space: 7 feet
e. Minimum Front Yard, to Garage: 12 feet
f. Minimum Lot Depth: 72 feet
g. Minimum Rear Yard: 10 feet
h. Dwelling Unit Parking. Each dwelling shall have a minimum of two (2) parking spaces, both of which shall be in a garage.
i. Guest Parking. Parking for guests shall be provided at a ratio of one (1) space for every four (4) dwelling units. Curbside parking within the private streets is acceptable. j. Sidewalks shall be provided on at least one (1) side of each street and be a minimum width of five (5) feet. Sidewalks and ramps shall comply with the City of Visalia City Engineering Division Design and Improvement Standards.
k. Solid Waste. Private streets shall be signed to indicate no parking on solid waste collection days.
l. Usable Open Space.
i. Usable open space shall be provided at a minimum of five (5) percent of the net site area of the planned residential development area. The outlots shall be restricted for park and recreation purposes. Useable common open space shall exclude areas designated for parking, including surface parking, carports, or garages. Each usable open space area shall have a minimum dimension of 10 feet and provide seating.
ii. A minimum of 60 percent of the common useable open space shall be provided as landscaped green area (not hardscaped).
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iii. A minimum of four (4) passive or active recreation amenities covering a minimum of 17,250 square feet shall be provided. Passive recreation refers to recreational activities that require minimal to no facilities or development to perform such activities and include, but are not limited to, community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, courtyard/plaza. All passive recreational amenity area shall be a minimum of 200 square feet unless otherwise stated. Active recreation refers to recreational activities that require specific facilities or equipment to perform such activities.
Active recreational amenities include, but are not limited to, playground/tot lot, sports court/field, fitness area, swimming pool, clubhouse with kitchen, community room. All active recreational amenity areas shall be a minimum of 500 square feet unless otherwise stated.
iv. Playgrounds/tot lots, if provided, shall be located in an area with direct visibility from a minimum of three dwelling units to allow for casual surveillance. v. Recreation improvements may be credited against the development fee if wholly complies with VMC § 12.36.090.
8. Outlots M and N shall be constructed with a six-foot tall block wall abutting the residential lots, as measured from highest adjacent grade, and landscaped in accordance with the City of Visalia Landscape Standard Specifications.
9. Outlot S, if not accepted by SCE for dedication, shall be incorporated into the subdivision.
10.Homeowner’s Association. Prior to recordation of the final map, the subdivider shall establish a legally formed homeowners’ association (“HOA”) responsible for the ownership, operation, maintenance, repair, replacement, and perpetual upkeep of all private improvements and common areas within the PRD Area, including, but not limited to, private streets, gated entry features, landscaping, irrigation systems, private storm drainage facilities, lighting, walls, recreational facilities, signage, and all other privately maintained improvements identified by the City Engineer or Planning and Community Preservation Director.
1. 11.Covenants, Conditions and Restrictions (“CC&Rs”). The HOA governing documents shall be subject to review and approval by the City Attorney and shall include provisions requiring the HOA to:
a. Maintain all private improvements and common areas in a safe, functional, clean, and attractive condition;
b. Levy and collect regular assessments from property owners in amounts sufficient to fund routine operation and maintenance costs and reasonably anticipated repair and replacement costs.
c. Adjust assessments as necessary to maintain reserve funding levels adequate to meet projected replacement obligations over the life cycle of the maintained improvements; d. Enforce all parking restrictions applicable within the subdivision’s private streets and common areas, including restrictions necessary to maintain emergency vehicle access, roadway maneuverability, and solid waste collection service operations. The CC&Rs 890
shall specifically authorize the HOA to prohibit or restrict on-street parking on designated solid waste collection days and during designated collection hours where necessary to ensure unobstructed access for refuse and recycling vehicles; e. Include enforcement mechanisms sufficient to ensure compliance with parking restrictions, including, but not limited to, notice procedures, fines, towing authority to the extent permitted by law, and other lawful enforcement remedies; f. Grant the City the right, but not the obligation, to enforce the maintenance and assessment provisions of the HOA documents in the event the HOA fails to adequately maintain the subdivision’s private improvements or reserve funding program. g. The CC&Rs shall provide that the maintenance, repair, and replacement obligations of the HOA shall run with the land and be binding upon all successors, heirs, and assigns. h. All applicable federal, state, regional, and city policies and ordinances be met.
Tentative Subdivision Map No. 5606
1. General Plan Amendment No. 2025-04 and Annexation No. 2025-04 shall be approved.
2. The subject property shall be annexed into City limits within two (2) years of tentative subdivision map approval.
3. The tentative subdivision map shall be developed in substantial conformance with Exhibit “A” and the comments and conditions of Site Plan Review No. 2025-013-1-1-1-1, incorporated herein by reference.
4. Prior to the issuance of any residential building permit on the site, a valid Will Serve Letter from the California Water Service Company shall be provided to the Building Official.
5. Mitigation measures found within the Mitigation Monitoring and Reporting Program for the Clements Ranch subdivision shall be implemented.
6. The Project proponent shall pay their fair share cost for intersection improvements and roadway segment improvements as indicated in the Mitigated Negative Declaration or the City’s adopted transportation impact fee, whichever is greater, prior to final inspection.
7. Designated Remainder
a. Within one (1) year of filing a final map and with the development of the first phase, right-of-way and frontage improvements (street widening, curb, gutter, sidewalk, drainage, traffic-control devices, and related public improvements) along the designated remainder’s public street frontages shall be dedicated in fee to the City and constructed in accordance with City standards.
b. Notices shall be recorded on the designated remainder stating that at time of development of the designated remainder:
i. That the Tulare Irrigation Ditch shall be undergrounded and relocated pursuant to the standards and requirements of Tulare Irrigation District; and, ii. That compliance with the City’s Agricultural Land Preservation Program will be required.
8. Gated Private Street PRD Area
a. Prior to acceptance of a Final Map of the PRD Area, Conditional Use Permit No. 2025-24 shall be approved.
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b. The Expiration of Conditional Use Permit No. 2025-24 shall cause the PRD Area portion of Tentative Subdivision Map No. 5606 to be null and void. c. Outlots M, N, O, P, Q, R, and T shall not be offered or accepted for dedication and shall be conveyed to the Homeowner’s Association described under Condition (m) of Conditional Use Permit No. 2025-24.
d. Outlots M and N shall be constructed with a six-foot tall block wall abutting the residential lots, as measured from highest adjacent grade. e. Outlots O, P, Q, and R in total shall equal to or greater than five (5) percent of the net lot area of the PRD Area and shall be restricted for park and recreation purposes.
Legal documents shall be recorded that run with the land in favor of the future property owners of the property. Park and recreation outlots shall be developed with passive and/or recreational facilities of which can be selected from the list provided in VMC § 12.36.090. Recreation improvements may be credited against the development fee if wholly complies with VMC § 12.36.090. f. An exception to the lot depth standard for Lot 183 is granted pursuant to VMC §
16.04.050 if development of Lot 183 occurs prior to development of the Designated Remainder. This exception shall result in the minimum exception needed to allow the proposed development.
g. Phased development of the PRD Area shall provided sufficient turnaround space for solid waste and emergency vehicles. Temporary easements shall be granted to the City until at such time a subsequent phase is developed that renders the temporary easement unnecessary. Temporary easements shall be designed based on a vehicle turning template of City vehicles.
h. Outlot S, if not accepted by SCE for dedication, shall be incorporated into the subdivision. The City will not accept dedication of Outlot S.
9. Standard R-1 Subdivision
a. Development of this area shall comply with the requirements of the R-1 zone district and Objective Design Standards. Compliance will be determined prior to building permit issuance.
b. Outlot C shall be incorporated into the subdivision as a numbered lot if the outlot is offered for dedication but not accepted by California Water Service. c. Outlots A, B, D, G, H, I, J, and L shall be constructed by the developer in accordance with City standards and specifications and dedicated in fee to the City. d. Outlots E, F, and K shall be removed or have a minimum width of fifteen (15) feet and be constructed with a six (6) foot tall concrete masonry wall, measured from the highest adjacent grade.
10.Signage. The PRD Area and Non-PRD Area shall each be considered separate residential subdivision for purposes of determining the number of entrance signs allowed under VMC § 17.48.090 subdiv. (H).
11.Lots within the subdivision adjacent to, or across the street from, the High Density Residential designated remainder shall be recorded with a notice identifying that these parcels are located adjacent to a High Density Residential land use, which permit the development of high density multi-family development, including up to four stories.
12.That all applicable federal, state, regional, and city policies and ordinances be met. 892
Tentative Parcel Map No. 2025-13
1. General Plan Amendment No. 2025-04 and Annexation No. 2025-04 shall be approved.
2. Comply with all conditions per Resolution No. 2026-35 with respect to the frontage improvements along the designated Remainder.
3. The subject property shall be annexed into City limits prior to acceptance of a final parcel map.
4. Notices shall be recorded on the designated remainder stating that at time of development of the designated remainder:
a. that the Tulare Irrigation Ditch shall be undergrounded and relocated pursuant to the standards and requirements of Tulare Irrigation District; and, b. that compliance with the City’s Agricultural Land Preservation Program will be required.
5. Access and utility easements shall be provided to each parcel from the public right-of-way.
Parcels that can accommodate more than 30 dwelling units shall be provided with two access points.
6. That all applicable federal, state, regional, and city policies and ordinances be met.
APPEAL INFORMATION
General Plan Amendment and Annexation
For the General Plan Amendment and Annexation, the Planning Commission’s recommendation is advisory only and cannot be appealed. The final decision will be made by the Visalia City Council following a public hearing.
Tentative Subdivision Map No. 5606, Conditional Use Permit No. 2025-24, and Tentative Parcel Map No. 2025-13
According to the City of Visalia Subdivision Ordinance Section 16.28.080, and Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe St., Visalia, CA. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the City’s website www.visalia.gov or from the City Clerk.
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Attachments:
• Related Plans and Policies
• Resolution No. 2026-32 – General Plan Amendment No. 2025-04 • - Attachment “A” – Proposed Land Use Changes
• Resolution No. 2026-33 – Annexation No. 2025-04
• - Attachment “A” – Proposed Zoning Districts
• Resolution No. 2026-34 – Conditional Use Permit No. 2025-24 • - Attachment “A” – Site Plan
• - Attachment “B” – Floor Plans and Elevations
• Resolution No. 2026-35 – Tentative Subdivision Map No. 5606 • - Attachment “A” – Tentative Subdivision Map
• Resolution No. 2026-36 – Tentative Parcel Map No. 2025-13 • - Attachment “A” – Tentative Parcel Map
• Landscape Concept for Cameron Creek Trail
• Initial Study / Mitigated Negative Declaration
• Department of Toxics and Substances Control (DTSC) Comment Letter, May 12, 2026 • Response to Comments
• Site Plan Review No. 2025-013-1-1-1-1
• Aerial and Location Map
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RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:
General Plan Land Use Policies:
LU-P-21:Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) and the Urban Growth Boundary (Tier III) consistent with the City’s Land Use Diagram, according to the following phasing thresholds: • “Tier II”: Tier II supports a target buildout population of approximately 178,000. The expansion criteria for land in Tier II is that land would only become available for development when building permits have been issued in Tier I at the following levels, starting from April 1, 2010:
Residential: after permits for 5,850 housing units have been issued.
LU-P-55:Update the Zoning Ordinance to reflect the Low Density Residential designation on the Land Use Diagram for development at 2 to 10 dwelling units per gross acre, facilitating new planned neighborhoods and infill development in established areas.
LU-P-56:Update the Zoning Ordinance to reflect the Medium Density Residential designation on the Land Use Diagram for development at 10 to 15 dwelling units per gross acre.
Zoning Ordinance Chapter for R-1 Zone
Chapter 17.12
SINGLE-FAMILY RESIDENTIAL ZONE
17.12.010 Purpose and intent.
In the R-S single-family residential zones (R-1, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one-family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.
17.12.015 Applicability.
The requirements in this chapter shall apply to all property within R-S zone districts.
17.12.020 Permitted uses.
In the R-S single-family residential zones, the following uses shall be permitted by right:
A. One-family dwellings on a lot with the minimum site area as specified in Section 17.12.050, including lots with lot area of between 3,600 and 4,999 square feet if developed in accordance with Sections 17.12.140A. and B.;
B. Raising of fruit and nut trees, vegetables and horticultural specialties; 895
C. Accessory structures located on the same site with a permitted use including private garages and carports, one guest house, storehouses, garden structures, green houses, recreation room and hobby shops;
D. Swimming pools used solely by persons resident on the site and their guests; provided, that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard;
E. Temporary subdivision sales offices;
F. Licensed day care for a maximum of fourteen (14) children in addition to the residing family; G. Twenty-four (24) hour residential care facilities or foster homes, for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provisions of Chapter 17.48;
I. The keeping of household pets, subject to the definition of household pets set forth in Section
17.04.030;
J. Senior citizen residential developments, meeting city standards and having a density in the Low Density Residential range of two (2) to ten (10) housing units per acre; K. Adult day care up to twelve (12) persons in addition to the residing family; L. Other uses similar in nature and intensity as determined by the city planner; M. Legally existing multiple family units, and expansion or reconstruction as provided in Section 17.12.070;
N. Transitional housing or supportive housing as those terms are defined in Section 17.04.030; O. In the R-1-20 zone only, the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling;
P. In the R-1-20 zone only, the raising of livestock, except pigs of any kind, subject to the exception of not more than two cows, two horses, four sheep or four goats for each site, shall be permitted; provided, that there be no limitation on the number of livestock permitted on a site with an area of ten acres or more and provided that no stable be located closer than fifty (50) feet to any dwelling on the site or closer than one hundred (100) feet to any other dwelling; Q. Employee housing as defined in California Health and Safety Code Section 17008.
17.12.030 Accessory uses.
In the R-S single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:
A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.12.100(B).
C. Cottage food operations that meet all the requirements contained in Health and Safety Code Section 113758 and those stated in Section 17.32.035.
D. Accessory dwelling units as specified in Chapter 17.14. 896
17.12.040 Conditional uses.
In the R-S single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:
A. Planned development subject to the provisions of Chapter 17.26. A planned development is required to create lots having less than 3,600 square feet lot area, in accordance with Section
17.12.140C. A planned development is not necessary to accompany the processing of a tentative parcel map if meeting the development criteria set forth in Section 17.26.090; B. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions;
C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, and hospices; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
D. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations, i.e., community water service wells; H. Communications equipment buildings;
I. Planned neighborhood commercial center subject to the provisions of Chapter 17.26; J. Mobile home parks in conformance with Section 17.32.040 and having a density in the Low Density Residential range of two (2) to ten (10) housing units per acre; K. Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this article and in which the private streets are designed and constructed to meet or exceed public street standards; L. Adult day care in excess of twelve (12) persons;
M. Large residential care facility subject to the provisions in Section 17.32.145; N. Residential structures and accessory buildings totaling more than ten thousand (10,000) square feet;
O. Other uses similar in nature and intensity as determined by the city planner.
17.12.050 Site area.
The minimum site area shall be as follows:
Zone Minimum Site Area
R-1, unless developed in accordance with Section 17.12.140 5,000 square feet R-1-12.5 12,500 square feet
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R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:
Zone Interior Lot Corner Lot
R-1, unless developed
in accordance with Section 17.12.140 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way.
17.12.060 Number of dwelling units per site.
In the R-S single-family residential zone, not more than one (1) dwelling unit shall be located on each site, notwithstanding Chapter 17.14 pertaining to accessory dwelling units, and notwithstanding California Government Code § 65852.21(a) which allows two (2) residential units on a site.
17.12.070 Replacement and expansion of legally existing multiple family units.
In accordance with Section 17.12.020 legally existing multiple family units may be expanded or replaced if destroyed by fire or other disaster subject to the following criteria:
A. A site plan review permit as provided in Chapter 17.28 is required for all expansions or replacements.
B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single-family units in the neighborhood. Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review staff shall be subject to the appeals process set forth in Section 17.28.050.
C. Setbacks and related development standards shall be consistent with existing single-family units in the neighborhood.
D. Parking requirements set forth in Section 17.34.020 and landscaping requirements shall meet current city standards and shall apply to the entire site(s), not just the replacement unit(s) or expanded area, which may result in the reduction of the number of units on the site.
E. The number of multiple family units on the site shall not be increased.
F. All rights established under Sections 17.12.020 and 17.12.070 shall be null and void one hundred eighty (180) days after the date that the unit(s) are destroyed (or rendered uninhabitable), unless a building permit has been obtained and diligent pursuit of construction has commenced.
The approval of a site plan review permit does not constitute compliance with this requirement.
17.12.080 Front yard.
A. The minimum front yard shall be as follows:
Zone Minimum Front Yard
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R-1-5 Unless developed in accordance with Section 17.12.140, fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front-loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.
R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.
C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages.
17.12.090 Side yards.
A. Unless developed in accordance with Section 17.12.140, the minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.
B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.
C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.
D. On corner lots, all front-loading garage doors or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere, shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk. A porte cochere with less than twenty- two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.
E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review staff.
F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots. This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.
17.12.100 Rear yard.
In the R-S single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:
A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a 899
minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.
B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.
C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand two hundred and fifty (1,250) square feet shall be maintained.
17.12.110 Height of structures.
In the R-S single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).
17.12.120 Off-street parking.
In the R-S single-family residential zone, subject to the provisions of Chapter 17.34.
17.12.130 Fences, walls and hedges.
In the R-S single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030.
17.12.140 Lot area less than 5,000 square feet.
A. Notwithstanding Section 17.12.050, lots in the R-1 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:
1. The development's overall density is consistent with the Low Density Residential General Plan density range of two (2) to ten (10) dwelling units per gross acre.
2. The maximum number of lots less than 5,000 square feet that may be approved by a tentative subdivision map shall be fifty (50) percent or less of the total lots.
3. Streets shall be constructed to public street standards.
4. Each subdivision with at least 15 lots that are less than 5,000 square feet in size shall make available to buyers at least three (3) different small lot floor plans with at least four (4) available elevation designs for each floor plan to construct on those lots.
5. The development is consistent with all objective design standards as referenced in Section
17.12.160 (Objective Design Standards).
B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:
1. The minimum lot depth shall be seventy (70) feet.
2. The minimum lot width shall be forty-six (46) feet for interior lots and fifty-one (51) feet for corner lots.
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3. The minimum front building setback area shall be twelve (12) feet for livable space and twenty (20) feet for garages.
4. The minimum rear yard building setback area shall be fifteen (15) feet.
5. The minimum interior side yard building setback area shall be five (5) feet.
6. The minimum corner side yard building setback area shall be ten (10) feet.
7. The maximum building height shall be thirty-five (35) feet.
8. Lots shall provide a minimum usable open space area of three hundred (300) square feet.
The open space shall have a minimum width of fifteen (15) feet.
C. Lots less having a lot area of 3,600 square feet, or lots between 3,600 and 4,999 square feet that do not meet all the standards in Subsections A and B of Section 17.12.140 may be approved through the planned development permit process per Chapter 17.26.
17.12.160 Objective design standards.
Project proponents of single-family residential developments that are subject to approval by the site plan review staff or the planning commission are required to adhere to the objective design standards as specified by Resolution No. 2025-30 of the Visalia City Council passed on May 5, 2025, and may be subsequently amended by resolution. The purpose of the standards are to provide proponents with a clear understanding of the city's expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in the entitlement process. Before the issuance of a building permit for each primary dwelling unit, the project proponent shall demonstrate each unit's compliance with the objective design standards, utilizing any forms approved by the city for determining compliance.
Chapter 17.16
MULTI-FAMILY RESIDENTIAL ZONES
17.16.015 Applicability.
The requirements in this chapter shall apply to all property within R-M zone districts.
17.16.020 Permitted uses.
In the R-M multi-family residential zones, the following uses are permitted by right:
A. Existing one-family dwellings;
B. Multi-family dwellings up to eighty (80) dwelling units per site; C. Fruit, vegetable and horticultural husbandry;
D. Swimming pools used only by residents on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard;
E. Temporary subdivision sales offices;
F. Licensed day care for a maximum of fourteen (14) children in addition to the residing family, situated within an existing single-family dwelling;
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G. Twenty-four (24) hour care facilities or foster homes for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provision of Chapter 17.48;
I. The keeping of household pets, subject to the definition of household pets set forth in Section
17.04.030;
J. Adult day care for a maximum of twelve (12) individuals in addition to the residing family, situated within an existing single-family dwelling;
K. Other uses similar in nature and intensity as determined by the city planner; L. Transitional housing or supportive housing as those terms are defined in Section 17.04.030; M. Single-room occupancy (SRO), as follows:
1. Up to fifteen (15) units per gross acre in the R-M-2 zone district;
2. Up to thirty-five (35) units per gross acre in the R-M-3 zone district.
N. Senior citizen residential developments, meeting city standards and having a density in the Medium Density Residential range of ten (10) to fifteen (15) housing units per acre in the R-M-2 zone district or having a density in the High Density Residential range of fifteen (15) to thirty-five (35) housing units per acre in the R-M-3 zone district; O. Employee housing as defined in California Health and Safety Code Section 17008.
17.16.030 Accessory uses.
In the R-M multi-family residential zone, accessory uses include:
A. Home occupations subject to the provisions of Section 17.32.030; B. Accessory buildings subject to the provisions of Section 17.16.090B; C. Cottage food operations that meet all the requirements contained in Health and Safety Code Section 113758 and those stated in Section 17.32.035;
D. Accessory dwelling units as specified in Chapter 17.14.
17.16.040 Conditional uses.
In the R-M multi-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:
A. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions;
B. Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent homes, and hospices; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases; C. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers;
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D. In the R-M-3 zone only, an open air public or private parking lot, subject to all provisions of Section 17.34.030, excluding trucks over 3/4 ton;
E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations and/or elevated or underground tanks; H. Communication equipment buildings;
I. Mobile home parks, meeting regulations specified in Section 17.32.040 and having a density in the Medium Density Residential range of ten (10) to fifteen (15) housing units per acre in the R-M-2 zone district or having a density in the High Density Residential range of fifteen (15) to thirty-five (35) housing units per acre in the R-M-3 zone district; J. More than eighty (80) units per site;
K. Boarding houses and residential motels;
L. Large residential care facility subject to the provisions in Section 17.32.145; M. Adult day care in excess of twelve (12) individuals; N. Planned developments may utilize the provisions of Chapter 17.26; O. New one-family dwelling, meeting density identified in the general plan land use element designations;
P. Other uses similar in nature and intensity as determined by the city planner; Q. Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this chapter and in which the private streets are designed and constructed to meet or exceed public street standards; R. Residential structures up to four stories in height in the R-M-3 Zone District when the proposed structure is adjacent to an R-S Zone District.
17.16.050 Site area and configuration.
A. The minimum site area shall be six thousand (6,000) square feet, unless the site is created as part of a planned development or is part of a development containing new one-family dwelling units in accordance with Subsection O. of Section 17.16.040.
17.16.060 Site area per dwelling unit and per structure.
The minimum site area per dwelling unit shall be three thousand (3,000) square feet in the RM-2 zone and one thousand two hundred (1,200) square feet in the R-M-3 zone.
17.16.070 Front yard.
A. The minimum front yard shall be as follows:
Zone Minimum Front Yard
R-M-2 15 feet
R-M-3 15 feet
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B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.
C. All garage doors facing the front property line shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.
17.16.080 Side yards.
A. The minimum side yard for a permitted or conditional use shall be five feet subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet.
B. On corner lots, all garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.
17.16.090 Rear yard.
The minimum rear yard for a permitted use shall be fifteen (15) feet in the R-M-3 zone and twenty-five (25) feet in the R-M-2 zone, subject to the following exceptions:
17.16.090
A. On a corner or reverse corner lot in R-M-2 zone the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion, as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained.
B. Accessory structures not exceeding twelve (12) feet in height may be located in the required rear yard, but not closer than three feet to any lot line; provided, that on a reversed corner lot an accessory structure shall be located not closer to the rear property line than the required side yard on the adjoining key lot and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot. In placing accessory structures in a required rear yard a usable, open, rear yard area of at least one thousand two hundred (1,200) square feet shall be maintained.
C. Exceptions to the rear yard setback can be granted for multiple family units that have their rear yard abutting an alley. The exception may be granted if the rear yard area is to be used for parking. Through the site plan review process, consistency with this section may be determined for permitting purposes subject to the provisions of Section 17.28.050.
17.16.100 Height of structures.
The maximum height of structures shall be thirty-five (35) feet or three (3) stories whichever is taller in the R-M-2 zone. The maximum height shall be four (4) stories in the R-M-3 zone. Where an R-M-2 or R-M-3 site adjoins an R-S site, the second and subsequent stories shall be designed to limit visibility from the second and third story to the R-S site. Structures specified under Section 17.16.090(B) shall be exempt.
17.16.110 Off-street parking.
Off-street parking shall be subject to the provisions of Chapter 17.34.
17.16.120 Fences, walls and hedges.
Fences, walls and hedges shall be subject to the provisions of Section 17.36.040. 904
17.16.130 Trash enclosures.
Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section 17.32.010 and that are approved by the site plan review staff.
Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exists on the property.
17.16.140 Site plan review.
A site plan review permit must be obtained for all developments other than a single-family residence in R-M zones, subject to the requirements and procedures of Chapter 17.28.
17.16.150 Open space and recreational areas.
Any multiple family project approved under a conditional use permit or site plan review permit shall dedicate at least five (5) percent of the site to open, common, usable space and/or recreational facilities for use by tenants as a part of that plan. The calculated space shall not include setback areas adjacent to a street. Shared open space could include parks, playgrounds, sports courts, swimming pools, gardens, and covered patios or gazebos open on at least three (3) sides. Further, the calculated space shall not include enclosed meeting or community rooms. The specific size, location and use shall be approved as a part of the conditional use permit.
17.16.160 Screening.
All parking areas adjacent to public streets and R-S sites shall be screened from view subject to the requirements and procedures of Chapter 17.28.
Chapter 17.26
PLANNED DEVELOPMENT
17.26.010 Purpose and intent.
The purpose and intent of the Planned Development regulations contained in this chapter is to provide for land development consisting of a related group of residential housing types or commercial uses, including but not limited to, attached or detached single-family housing, cluster housing, patio homes, town houses, apartments, condominiums or cooperatives or any combination thereof and including related open spaces and community services consisting of recreational, commercial and offices, infrastructure, maintenance and operational facilities essential to the development, all comprehensively planned. Such land development normally requires deviation from the normal zoning regulations and standards regarding lot size, yard requirements, bulk and structural coverage in an effort to maximize the benefits accruing to the citizens of Visalia.
17.26.020 Definitions.
For the purposes of this chapter the following definitions shall apply:
"Density bonus" means dwelling unit increases based on project amenities provided as part of a planned development.
"Dwelling unit" means one or more habitable rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. Dwelling unit can include 905
various types including, but not limited to, attached or detached single-family homes, cluster homes, patio homes, town houses, condominiums, apartments, or cooperatives. "Environment, natural" means the physical condition of a proposed PD site prior to proposed development; including, but not limited to, natural features such as waterways, vegetation, topographical features, and animal life.
"Homeowner's association" means an incorporated entity formed under applicable laws and including all properties within a planned development. Such association normally maintains and administers the common open space associated with a planned development. "Lot or parcel net area" means the land area contained within the boundary of a lot or parcel.
Land within public or private streets or property held in common for a particular development amenity is not considered as "net lot area."
"Maintenance district" means an assessment district formed under applicable laws that pays for maintaining dedicated or private open space facilities. "Neighborhood commercial center" means a convenience shopping complex providing services within a neighborhood and meeting applicable ordinance and general plan requirements. "Open space" means the area within a planned development not occupied with structures, driveways or parking and storage areas.
"Open space, common" means the area within a planned development under the control and ownership of a homeowner's association. Common open space may include recreation facilities, access and parking, paths, and storage areas.
"Open space, usable" means the area within a planned development that is deemed suitable for use by the residents of the PD; not including parking areas, private patios, required building separations, parking and access, or storage areas.
"Parking, guest" means designated off-street parking areas within a planned development reserved for guest or visitor parking.
"Parking, required" means off-street parking areas within a planned development to be used for long-term storage of resident vehicles, recreational vehicles, boats and trailers. "Planned development" means a development that includes a mix of land uses and that requires a deviation from normal zoning standards regarding lot size, yard requirements, bulk and structural coverage and is subject to provisions of this chapter. "Planned residential development" means a planned development consisting of residential uses only and subject to the provisions of this chapter.
"Planned unit development" means a planned development including two, or more, of the following uses: residential, commercial, professional office, quasi-public, and industrial. "Recreation facility" means an area within a planned development that includes recreational installations for common use. Such installations normally include such things as a swimming pool, recreation building, patio areas, tot lots, and exercise areas. "Site area, gross" means the total horizontal area included within the property lines of a proposed planned development after dedication of required right-of-way and open space areas. 906
17.26.030 Location.
A planned development may be located in residential, commercial or industrial zone upon approval of necessary permits required under this chapter. Planned residential developments and planned unit developments may be located only in appropriate zones as follows:
1. A planned residential development may be allowed in any residential zone.
2. A planned unit development with commercial/industrial uses may be located where those uses are allowed in the underlying zone.
17.26.040 Development standards.
The following is a list of development standards considered to be necessary to achieve the purpose and intent of this chapter:
A. Site Area.
1. The minimum site area for a planned residential development shall be one acre of gross site area.
2. The minimum site area for a planned unit development with residential uses shall be ten acres.
3. The minimum site area for a planned unit development without residential uses shall be five acres.
4. The minimum site area for a planned unit development with only industrial uses shall be twenty (20) acres.
5. Parcels smaller than the minimums stated above may be considered if the planning commission finds there are unique circumstances (shape, natural features, location, etc.) that would deprive the land owner of development potential consistent with other properties classified in the same underlying zone.
B. Density. The average number of dwelling units per net area shall not exceed the maximum density prescribed by the site area regulations or the site area per dwelling in which the planned unit development is located, subject to a density bonus that may be granted by the city council upon recommendation by the planning commission. A density bonus may be granted as part of a planned development based on the following guidelines:
Percent of Net Site in Area Percent of
Usable Open Space Density Bonus
6% to 10% 6%
11% to 20% 10%
21% to 25% 16%
Over 25% 20%
C. Usable Open Space. Usable open space shall be provided for all planned developments that include residential uses, except as provided in this section. Such open space shall include a minimum of five percent of the net site area of the residential portion of a planned development.
The requirement for mandatory usable open space may be waived in developments wherein the net lot area of each lot meets or exceeds minimum standard in the underlying zone classification.
D. Site Design Criteria.
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1. Location of proposed uses and their relationship to each other with a planned development shall be consistent with general plan policies and ordinance requirements.
2. The natural environment of a site is to be considered as part of the design criteria. Such features as natural ponding areas, waterways, natural habitats, and mature vegetation are to be considered.
3. If a planned development is located adjacent to a major arterial street, or other existing possible land use conflict, adequate buffering shall be included in the plan.
E. Landscaping and Structural Coverage. Landscaping provided within a planned development shall conform to the general standards imposed by the underlying zone. Additional landscaping may be required as part of a planned development due to unusual circumstances.
F. Circulation.
1. Vehicle circulation shall be based on a street pattern as outlined within the circulation element of the general plan. Use of private streets and variations to normal city street standards are encouraged.
2. There shall be no direct vehicle access from individual lots onto major arterial streets.
3. Pedestrian access and bicycle paths should be incorporated within planned developments.
Such paths and bikeways to be separated from vehicle streets when possible.
G. Parking.
1. Required parking shall conform with the existing parking standards required under the zoning ordinance.
2. Guest parking and storage parking shall be encouraged and may be required in planned development.
3. All parking shall be screened from adjacent public right-of-way. Such screening may include dense plantings, fences, landscaped berms, or grade separation.
4. Parking clusters shall be provided rather than large (single) parking areas.
H. Trash Enclosures.
1. Trash enclosures shall be provided as specified by the city solid waste department.
2. Such enclosures shall be screened from view from adjacent structures and roadways and be provided with solid gates.
17.26.050 Application procedures.
The following procedures specify the process for review of a planned development.
A. Pre-Application Review. Pre-application review shall be a two-step process including a mandatory meeting with the planning department and submittal of a concept plan to the site plan review staff. Such pre-application review shall include, but is not limited to, the following elements:
1. Site area and location;
2. Land use relationships within and outside the proposed site;
3. Circulation and access;
4. Environmental features;
5. Open space and project amenities;
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6. Available and needed public improvements and facilities.
B. Application Process. After completing the pre-application review process the owner, or agent, shall file an application for a planned development. Such application submittal shall be processed as a conditional use permit and shall require a site plan review permit. An application for planned development is not necessary to accompany the processing of a tentative parcel map if meeting the development criteria set forth in Section 17.26.090. The city planner shall determine the extent of development detail required as part of the application submittal. Such details may include, but is not limited to, the following:
1. Legal description and boundary survey map of the exterior boundaries of land to be developed;
2. A topographic map indicating anticipated grading or fill areas, groupings of existing trees, and other natural features;
3. For residential development:
a. The number and type of dwelling units. This may be stated as a range of maximum and minimum number of units by type,
b. The approximate total population anticipated in the entire development, c. The proposed standards of height, open space, structural coverage, pedestrian and traffic circulation, and density within use areas;
4. For nonresidential uses:
a. Types of uses proposed within the entire area,
b. Anticipated employment base which may be stated as a range, c. Methods proposed to control possible land use conflicts and environmental impacts, d. The proposed structure heights, open space buffering, circulation, and parking/loading, e. Pertinent social or economic characteristics of the development such as school enrollment, residence, employment, etc.;
5. A preliminary utilities report;
6. The location, area, and type of sites proposed for open space, recreational facilities, and public facilities;
7. The anticipated timing for each phase, if any, of the development.
17.26.060 Exceptions.
Exceptions to the design criteria specified in Section 17.26.040 may be modified by the city council upon recommendation by the planning commission based on unique circumstances.
Such exceptions shall be reviewed by the site plan review staff for comment prior to planning commission recommendation.
17.26.070 Amendments.
Minor amendments to an approved planned development may be granted by the planning commission upon recommendation of the site plan review staff. Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to, the following:
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A. Changes in residential density;
B. Changes in land use relationships;
C. Changes in the location and/or scope of open space;
D. Changes in circulation patterns;
E. Other changes as determined by the planning commission upon request.
17.26.080 Timing.
Once granted, a planned development approval shall be valid for a period of two years.
Extensions may be granted by the planning commission for one year periods, not to exceed three such extensions.
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RESOLUTION NO. 2026-32
RESOLUTION NO. 2026-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA,
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF VISALIA APPROVE GENERAL PLAN AMENDMENT NO. 2025-04, A REQUEST BY D.R. HORTON TO RECONFIGURE THE LAND USE DESIGNATIONS ON ASSESSOR’S PARCEL NUMBERS 127-020-020 AND 127-020-021 AS DEPICTED IN ATTACHMENT “A” AND TO REALIGN THE “K” AVENUE COLLECTOR ALIGNMENT TO SUNNYSIDE AVENUE BETWEEN LOVERS LANE AND ROAD 148
WHEREAS, General Plan Amendment No. 2025-04 is a request by D.R. Horton to reconfigure the land use designations on Assessor’s Parcel Numbers 127-020-020 and 127-020-021 as depicted in Attachment “A” and to realign the “K” Avenue Collector alignment to Sunnyside Avenue between Lovers Lane and Road 148; and WHEREAS, the proposed project was evaluated pursuant to the California Environmental Quality Act (CEQA) and an Initial Study and Mitigated Negative Declaration (MND) was prepared for the project and, following a 30-day circulation of the document for public review, the City of Visalia found that, with implementation of identified mitigation measures, the project would not result in significant environmental impacts; and
WHEREAS, the Initial Study prepared for the project disclosed that no significant environmental impacts would result from this project subject to the mitigation measures identified in the Mitigation Monitoring and Reporting Program for the project; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on June 8, 2026; and WHEREAS, the Planning Commission of the City of Visalia considered the general plan amendment in accordance with Section 17.54.070 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
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council:
1. Adopt the Mitigated Negative Declaration for General Plan Amendment No. 2025-04 that was prepared consistent with the California Environmental Quality Act.
2. Find that General Plan Amendment No. 2025-04 is consistent with the goals, objectives, and policies of the General Plan, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
3. Approve General Plan Amendment No. 2025-04, as depicted in Attachment “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Visalia Municipal Code Section 17.54.070.
4. Amend the Circulation Element to relocate the “K” Avenue Collector alignment between Lovers Lane and Road 148 to the Sunnyside Avenue alignment. 911
RESOLUTION NO. 2026-32
Attachment “A”
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Resolution No. 2026-33
RESOLUTION NO. 2026-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ANNEXATION NO. 2025-04, A REQUEST BY D.R.
HORTON TO PREZONE ASSESSOR’S PARCEL NUMBERS 127-020-020 AND 127- 020-021 (“SUBJECT PROPERTY”) TO R-1 (SINGLE-FAMILY RESIDENTIAL ZONE), R-M-2 (MULTI-FAMILY RESIDENTIAL ZONE – 3,000 SQUARE FOOT MINIMUM SITE AREA), R-M-3 (MULTI-FAMILY RESIDENTIAL ZONE – 1,200 SQUARE FOOT
MINIMUM SITE AREA), AND QP (QUASI-PUBLIC ZONE)
APN: 127-020-020 AND -021
WHEREAS, Annexation No. 2025-04 is a request by D.R. Horton to prezone Assessor’s Parcel Numbers 127-020-020 and 127-020-021 (“subject property”) to R-1 (Single-family residential zone), R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone) (APN: 127-020-020 and -021), as depicted in Attachment “A”; and
WHEREAS, Table 42 of the Housing Element identifies R-1-5 (now R-1), R-M-2, and R-M-3 zones as being consistent with the Low, Medium, and Density Residential land use designations of the General Plan, respectively; and WHEREAS, General Plan Amendment No. 2025-04 proposed to align the General Plan land use designations of the subject property to correspond with Annexation No. 2025-04; and
WHEREAS, Annexation No. 2025-04 is a request by D.R. Horton to annex the subject property into City limits and detach from County Service Area No. 1; and WHEREAS, the proponent desires to annex the subject property and adjacent rights-of-way to the City of Visalia for the following reasons:
1) the annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) the annexation will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and
3) the annexation will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the subject property proposed to be annexed is uninhabited; and 913
Resolution No. 2026-33
WHEREAS, the subject property proposed to be annexed is located in Voting District 3 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and
WHEREAS, an Initial Study was prepared which disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts; and
WHERAS, a Mitigated Negative Declaration was prepared for the Subdivision, consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on June 8, 2026; and WHEREAS, the Planning Commission of the City of Visalia considered Annexation No. 2025-04 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
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council:
1. Adopt the Mitigated Negative Declaration for General Plan Amendment No. 2025- 04 that was prepared consistent with the California Environmental Quality Act.
2. Find that Annexation No. 2025-04 is consistent with the goals, objectives, and policies of the General Plan, if General Plan Amendment No. 2025-04 is approved, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
3. Approve Annexation No. 2025-04, as depicted in Attachment “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Visalia Municipal Code Section 17.54.070.
4. Prezone the Project Site to R-1 (Single-family residential zone), R-M-2 (Multifamily residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone), as depicted in Attachment “A”.
5. Find that Annexation No. 2025-04 is consistent with the sphere of influence for the City.
6. That the parcels will be annexed into Voting District 3 per the Council Election Voting District Map.
7. Approve a Resolution of Application requesting that the Tulare County Local Agency Formation Commission take proceedings to annex the Project Site into City limits and to detach from County Service Area No. 1. 914
Resolution No. 2026-33
8. Require a condition that the applicant(s) enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The draft Pre-Annexation Agreement is attached herein as Attachment “B” and is subject to final approval by the City Council of the City of Visalia.
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Resolution No. 2026-33
ATTACHMENT “A”
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Resolution No. 2026-33
ATTACHMENT “B”
Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this _____ day of ______________, by and among the City of Visalia, a charter law city (“City’) and _______________________, (hereinafter “Owner”):
RECITALS
WHEREAS, Owners are the record owners of the property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and
WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and WHEREAS, Owner desires to have the Property annexed to the City and to have the Property zoned as R-1 (Single-family residential zone), R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone); and WHEREAS, the Property consists of approximately 78.11 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and for the legal subdivision of the lot, as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _________________, initiated proceedings to annex the Property; and
WHEREAS, in certain annexation proceedings Williamson Act issues arise which require indemnification of the Tulare County Local Agency Formation Commission (LAFCo), in said event, City requires indemnification from Developer; and WHEREAS, Finding No. __ of Resolution No. _________ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and WHEREAS, Owner acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.
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Resolution No. 2026-33
WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.
NOW, THEREFORE, in consideration of the above Recitals and the following Covenants, it is agreed by and between the parties as follows:
I. AGREEMENT
A. Parties. The parties to this Agreement are the City and Owner.
B. Incorporation of Recitals. The parties confirm and incorporate the foregoing Recitals into this Agreement.
C. Purpose/Limits of Agreement. A specific purpose of this Agreement is to set forth specific terms and conditions of annexation of the Property to City.
II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF AGREEMENT Generally, each party to this Agreement is benefited and burdened by detachment from the County and annexation to the City. Owner will obtain a variety of services from City and City will obtain additional tax revenues. City has adopted ordinances, regulations, and policies concerning design, improvement, construction, development and use of property within the City. Nothing contained in this Agreement shall constitute a waiver of City’s legislative, governmental, or police powers to promote and protect the health, safety, and welfare of City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by City of any tax or fee. The purpose of this Agreement is to spell out additional conditions to which Owner will be subject following annexation and prior to development within the City due to the burden placed on City by Owner’s desired annexation:
A. Water Acquisition Policy: Although City’s current water service provider, California Water Service, continues to issue will-serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem.
Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water Conservation District and it has adopted a policy, as set forth in Chapter 16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexation and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order to serve new development that comes with annexation, including development of the 918
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Property (the “Water Acquisition Policy”). Therefore, Owner agrees that, at the time that LAFCo issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owner will comply with the Water Acquisition Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owner’s reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No postannexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owner complies with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owner agrees that it shall identify all water rights which, to the best of Owner’s knowledge, have been used by Owner or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City.
City shall cooperate with Owner in valuing such water rights for the purposes of determining the amount of offset to be applied against the in lieu fee as required pursuant of the Water Acquisition Policy. Owner further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owner owns that may be in addition to those required to meet Owner’s obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of one or more parcel maps or final subdivision maps covering the Property and, in the event Owner applies to City for its approval of multiple final maps covering the Property, City agrees such water rights conveyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each final subdivision map, with conveyance of water rights or payment to be made on a per map basis upon City’s issuance of each final subdivision map covering the Property.
B. General Plan Maintenance Fee: On June 21, 2004, the City adopted (by Resolution 2004-63, as corrected) a General Plan Maintenance Fee. Owner agrees that, at the time LAFCo issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owner will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $427 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more final subdivision maps covering the Property and, in the event Owner applies to City for its approval of multiple final maps covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each final subdivision map, with payment to be made on a per map basis upon City’s issuance of each final subdivision map covering the Property. Owner’s satisfaction 919
Resolution No. 2026-33
of its obligations under this Section II(B) will satisfy any and all of Owner’s obligations related to and arising under the General Plan Maintenance Fee.
C. Plan For Providing Services. The parties agree to cooperate in, and to take such actions as may be necessary to ensure, the diligent preparation of a Plan For Providing Services to the Property, to be submitted to LAFCo along with City’s annexation application, in accordance with Cortese-Knox-Hertzberg Act requirements.
Developer understands and agrees that building permits and other entitlements for development on the Property will not be issued unless and until each and every condition herein is met.
III. TERM
The term of this Agreement shall become effective when fully executed by the parties hereto (the “Effective Date”) and continue for a period of twenty (20) years. This Agreement shall terminate if (a) the annexation proceedings are terminated for any reason; or (b) the completion of the annexation (recordation of a Certificate of Completion) does not occur on or before one (1) year from the Effective Date. Any indemnification provision included herewith shall survive termination and continue until expiration of the statute of limitations applicable to the subject matter thereof.
IV. DEFAULT, REMEDIES AND ENFORCEMENT
In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, the other party may exercise any rights available at law or in equity, including an action for specific performance or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or cancelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.
V. INDEMNIFICATION
Owner agrees to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, causes of actions, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owner’s property, or which are in any manner connected with the City’s enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option to pay the attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation.
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VI. MISCELLANEOUS
a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.
b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party. c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement. d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owner, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:
To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King Avenue
Visalia, CA 93291
To Owner: __________________________
__________________________
__________________________
Or such other address as the parties may from time to time designate by giving notice as required hereunder.
e. Entire Agreement. This Agreement represents the entire agreement between the City and Owner as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
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h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement. j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California. m. Attorneys Fees. In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owner and that Owner is not an agent of City. City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owner joint venturers or partners. o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time. p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take 922
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such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
/////
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.
CITY
Date: ____________ By: ____________________________
Leslie Caviglia, City Manager
Attest:
Date: ____________ By: ____________________________
Reyna Rivera, Chief Deputy City Clerk
Approved as to Form:
Date: ____________ By: ____________________________
Kenneth J. Richardson,
City Attorney
OWNER
Date: ____________ By: ___________________________
_______________________________
923
RESOLUTION NO. 2026-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2025-24, A REQUEST BY D.R.
HORTON TO ALLOW A PLANNED UNIT DEVELOPMENT ON A ±15.3-ACRE PORTION OF ASSESSOR’S PARCEL NUMBER 127-020-021 CONSISTING OF 153
SINGLE-FAMILY RESIDENTIAL UNITS, PRIVATE STREETS, TWO GATED ENTRIES,
LANDSCAPING AND LIGHTING LOTS, AND PARK AREAS, TO BE LOCATED WITHIN AN R-M-2 ZONE PROPOSED UNDER ANNEXATION NO. 2025-04.
WHEREAS, Conditional Use Permit No. 2025-24, is a request by D.R. Horton to allow a planned unit development on a ±15.3-acre portion of Assessor’s Parcel Number 127-020-021 consisting of 153 single-family residential units, private streets, two gated entries, landscaping and lighting lots, and park areas, to be located within an R-M-2 zone proposed under Annexation No. 2025-04 (see Attachments "A" and "B"); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on June 8, 2026; and WHEREAS, the Planning Commission of the City of Visalia finds the Conditional Use Permit to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the proposed project was evaluated pursuant to the California Environmental Quality Act (CEQA) and an Initial Study and Mitigated Negative Declaration (MND) was prepared for the project and, following a 30-day circulation of the document for public review, the City of Visalia found that, with implementation of identified mitigation measures, the project would not result in significant environmental impacts, subject to the mitigation measures identified in the Mitigation Monitoring and Reporting Program for the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission makes the following specific findings based on the evidence presented:
1. The approval of Conditional Use Permit No. 2025-24 will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. Conditional Use Permit No. 2025-24 is consistent with the policies and intent of the General Plan, if General Plan Amendment No. 2025-04 and Annexation No. 2025-04 are approved.
3. If Annexation No. 2025-04 is approved, the proposed location of Conditional Use Permit No. 2025-24 is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. 924
Resolution No. 2026-34
4. The proposed location of Conditional Use Permit No. 2025-24 and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity.
5. The Mitigated Negative Declaration adequately evaluates the environmental impacts of the project.
BE IT FURTHER RESOLVED that the Planning Commission hereby adopts the Mitigated Negative Declaration and approves the Conditional Use Permit on the real property here described in accordance with the terms of this resolution under the provisions of Visalia Municipal Code Section 17.38.110, subject to the following conditions:
1. Conditional Use Permit No. 2025-24 shall apply to the area depicted in Tentative Subdivision Map No. 5606 as Lots 140 through 292 and Outlots M through T (“PRD Area”).
2. Annexation No. 2025-04 shall be approved, the PRD Area be prezoned to R-M-2, and the subject property annexed into City limits.
3. The PRD Area shall be developed in substantial conformance with Attachment “A” and the comments and conditions of Site Plan Review No. 2025-013-1-1-1-1, incorporated herein by reference.
4. That the project be developed in substantial conformance with all improvements depicted and described in Attachments “A” and “B”.
5. Subdivision of the PRD Area shall not occur unless Tentative Subdivision Map No. 5606 is approved.
6. Prior to the issuance of any residential building permit on the site, a valid Will Serve Letter from the California Water Service Company shall be provided to the Building Official.
7. The PRD Area shall comply with the development standards of the R-M-2 zone district, with the following exceptions:
a. Minimum Lot Width: 38 feet, as measured from a point midway between the front and rear lot lines.
b. Minimum Interior Side Yard: 4 feet
c. Minimum Corner Side Yard: 10 feet
d. Minimum Front Yard, to Living Space: 7 feet
e. Minimum Front Yard, to Garage: 12 feet
f. Minimum Lot Depth: 72 feet
g. Minimum Rear Yard: 10 feet
h. Dwelling Unit Parking. Each dwelling shall have a minimum of two (2) parking spaces, both of which shall be in a garage.
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Resolution No. 2026-34
i. Guest Parking. Parking for guests shall be provided at a ratio of one (1) space for every four (4) dwelling units. Curbside parking within the private streets is acceptable.
j. Sidewalks shall be provided on at least one (1) side of each street and be a minimum width of five (5) feet. Sidewalks and ramps shall comply with the City of Visalia City Engineering Division Design and Improvement Standards. k. Solid Waste. Private streets shall be signed to indicate no parking on solid waste collection days.
l. Usable Open Space.
i. Usable open space shall be provided at a minimum of five (5) percent of the net site area of the planned residential development area. The outlots shall be restricted for park and recreation purposes. Useable common open space shall exclude areas designated for parking, including surface parking, carports, or garages. Each usable open space area shall have a minimum dimension of 10 feet and provide seating. ii. A minimum of 60 percent of the common useable open space shall be provided as landscaped green area (not hardscaped).
iii. A minimum of four (4) passive or active recreation amenities covering a minimum of 17,250 square feet shall be provided. Passive recreation refers to recreational activities that require minimal to no facilities or development to perform such activities and include, but are not limited to, community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, courtyard/plaza. All passive recreational amenity area shall be a minimum of 200 square feet unless otherwise stated. Active recreation refers to recreational activities that require specific facilities or equipment to perform such activities. Active recreational amenities include, but are not limited to, playground/tot lot, sports court/field, fitness area, swimming pool, clubhouse with kitchen, community room. All active recreational amenity areas shall be a minimum of 500 square feet unless otherwise stated.
iv. Playgrounds/tot lots, if provided, shall be located in an area with direct visibility from a minimum of three dwelling units to allow for casual surveillance.
v. Recreation improvements may be credited against the development fee if wholly complies with VMC § 12.36.090.
926
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8. Outlots M and N shall be constructed with a six-foot tall block wall abutting the residential lots, as measured from highest adjacent grade, and landscaped in accordance with the City of Visalia Landscape Standard Specifications.
9. Outlot S, if not accepted by SCE for dedication, shall be incorporated into the subdivision.
10.Homeowner’s Association. Prior to recordation of the final map, the subdivider shall establish a legally formed homeowners’ association (“HOA”) responsible for the ownership, operation, maintenance, repair, replacement, and perpetual upkeep of all private improvements and common areas within the PRD Area, including, but not limited to, private streets, gated entry features, landscaping, irrigation systems, private storm drainage facilities, lighting, walls, recreational facilities, signage, and all other privately maintained improvements identified by the City Engineer or Planning and Community Preservation Director.
11.Covenants, Conditions and Restrictions (“CC&Rs”). The HOA governing documents shall be subject to review and approval by the City Attorney and shall include provisions requiring the HOA to:
a. Maintain all private improvements and common areas in a safe, functional, clean, and attractive condition;
b. Levy and collect regular assessments from property owners in amounts sufficient to fund routine operation and maintenance costs and reasonably anticipated repair and replacement costs.
c. Adjust assessments as necessary to maintain reserve funding levels adequate to meet projected replacement obligations over the life cycle of the maintained improvements;
d. Enforce all parking restrictions applicable within the subdivision’s private streets and common areas, including restrictions necessary to maintain emergency vehicle access, roadway maneuverability, and solid waste collection service operations. The CC&Rs shall specifically authorize the HOA to prohibit or restrict on-street parking on designated solid waste collection days and during designated collection hours where necessary to ensure unobstructed access for refuse and recycling vehicles;
e. Include enforcement mechanisms sufficient to ensure compliance with parking restrictions, including, but not limited to, notice procedures, fines, towing authority to the extent permitted by law, and other lawful enforcement remedies;
f. Grant the City the right, but not the obligation, to enforce the maintenance and assessment provisions of the HOA documents in the event the HOA fails to 927
Resolution No. 2026-34
adequately maintain the subdivision’s private improvements or reserve funding program.
g. The CC&Rs shall provide that the maintenance, repair, and replacement obligations of the HOA shall run with the land and be binding upon all successors, heirs, and assigns.
12.All applicable federal, state, regional, and city policies and ordinances be met. 928
SO. CAL. EDISON 2422 O.R. 693 12 11 10 9 8 17 16 15 14 13 22 21 20 19 18 24 23 LOT A LONDON AVENUE 103 462 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 20 21222324252627 28293031323435 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5152535455565758596061 6364 65 66 67 68 69 70 71 72 73 74 75 76 77 78 798081828384858687888990 91 92 93 94 95 97 99 100 101 102 103 104 105 106 107 108 114 113 112 111 110 115 117118119120121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 138 137 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 182 180 179 178 177 176 175 174 173 172 171 170 183184185186187188189190191 192193194 195196197 291 290 289 288 287 286 285 259 258 257 256 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276277278279280281282283284 252253 254255 251 250 249 248 247 246 245 244 243 241 242 240239238237236235234233 232231230229228227 202 199 198 203204205206207208209 211 212 213 214 215 216 217 218 224 223 222 221 220 219 225 226 200201 33 116 96181 62 98 109 139 210 292 ℄℄ ℄ SO. CAL. EDISON 2422 O.R. 693 CHERRY AVENUEEVERGREEN STREET 3 2 1 9 8 7 6 5 4 16 15 14 13 12 11 10 22 21 20 19 18 17 24 2325 37 36 26 35 27 34 28 33 29 32 30 13 31 12 1 11 2 10 3 9 4 8 5 7 6 20 21 19 22 18 23 17 24 16 25 15 26 14 27 43 44 42 45 41 46 40 47 39 48 60 51 59 52 58 53 57 54 56 55 41 28 40 29 39 30 38 31 37 32 36 33 35 34 49 48 50 47 51 46 52 45 53 44 54 43 55 42 68 67 69 66 70 65 71 64 72 63 38 49 50 61 62 73 74 75 76 77 78 79 56 57 58 59 60 61 62 84 83 82 81 85 86 87 88 89 80 79 90 78 91 77 92 76 93 75 94 74 95 73 96 72 97 71 98 70 99 69 10068 10167 10266 10365 10464 10563 LOT A
LOT B LOT C
LOT D
LEAH STREET
SIMON STREET
TEAKWOOD STREET
LEBEC STREET
MANZANITA STREET
MCAULIFF STREET
LEAH STREET
SIMON STREET
TEAKWOOD STREET
LEBEC STREET
MANZANITA STREET
MCAULIFF STREET LONDON AVENUE 1 88 89 44 45 43 42
LOT G
LOT F LOT C
LOT B
LOT A LOT E OWNER: Harold Dean Clements SUBDIVIDER: D.R Horton, America's Builder 419 W. Murray Avenue Visalia, CA 93231 (559) 636-9850 ASSESSOR'S PARCEL NUMBER: 127-020-020 and 127-020-021 SITE ADDRESS: Southeast Corner of East K Avenue and South of Lovers Lane SITE AREA: Net (+/- 50.1 AC.) Gross (+/- 75.0 AC.) PROPOSED ZONING: R-1-5 AND R-M-2 PROPOSED GENERAL PLAN LAND USE: Residential Low, Residential Medium, and Residential High Density and Conservation EXISTING GENERAL PLAN LAND USE: Residential Low, Residential Medium, andResidential High Density and Conservation EXISTING ZONING: AE20 (Exclusive Agriculture, 20-Acre Minimum) (Tulare County) East Caldwell Avenue
Lovers Lane East K Avenue 1,908+ SQ. FT. 38'X72' LOTS MEDIUM RESIDENTIAL LOTS (140-153) (169-181) (209-292) 5,000 + SQ. FT. 50'X100' LOTS LOW RESIDENTIAL LOTS (1-139) N Ó 2,926+ SQ. FT. 38'X77' LOTS MEDIUM RESIDENTIAL LOTS (154-168) (182-208) ATTACHMENT "A" 929
BATH 1 CLG. HGT. 8'-1" VINYL W.I.C. CLG. HGT. 8'-1" CARPET SERV. CLG. HGT. 8'-1" VINYL 2040 SH3050 SH 26 68 BATH 2 CLG. HGT. 8'-1" VINYL
30 68
26 68 5068 BI-PASS
28 68
30 68 DN15R 28 68
F.M.T.
F.M.T. F.M.T. BDRM. 1 CLG. HGT. 8'-1" CARPET BDRM. 2 CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET 5068 BI-PASS 2040 SH 26 68 26 68 3050 SH 24'-0"
33'-6"
9'-6" 28'-0"
39'-0"
5'-6" 3050 SH 3050 SH 7'-0" 21'-0" COVERED ENTRY 8'-1" STUCCO CLG. CONC. 20'-0"x20'-O" CLEAR SPACE 16'-0" x 7'-0" SECT. GAR. DOOR ENTRY CLG. HGT. 8'-1" VINYL 2 BAY GARAGE CONC. 30 SC 68 UP15R PANTRY CLG. HGT. 8'-1" GREAT VINYL ROOM CLG. HGT. 8'-1" VINYL 6068 TEMP. GL. SLIDER EAT-IN KITCHEN CLG. HGT. 8'-1" VINYL 26 68 3050 SH 3030 SH
W/H 26 68 26 SC 68 POWDER CLG. HGT. 8'-1" VINYL 26 68
24'-0"
39'-0"
39'-0"
20'-8" 18'-4" 28'-0"
6'-0" 9'-0" 7'-0" 21'-0" HEAT DETECTOR Upper Floor - 831 SF PLAN 1.1378 Lower Floor - 541 SF C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK 1,372 SF 3 Bdrm | 2.5 Bath 2 Bay Garage 8' | 8' Plates 1.0 1A | Americana Attachment "B" 930
W.I.C. CLG. HGT. 8'-1" CARPET SERV. CLG. HGT. 8'-1" VINYL 2040 SH 26 68
30 68
26 68 5068 BI-PASS
28 68
30 68 DN15R 28 68
F.M.T.
F.M.T. BDRM. 2 CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET 5068 BI-PASS 26 68 3050 SH 9'-6" 5'-6" 7'-0" 21'-0" 3050 SH COVERED ENTRY 8'-1" STUCCO CLG. CONC. 20'-0"x20'-O" CLEAR SPACE 16'-0" x 7'-0" SECT. GAR. DOOR ENTRY CLG. HGT. 8'-1" VINYL 2 BAY GARAGE CONC. 30 SC 68 UP15R
W/H 26 68 26 SC 68 POWDER CLG. HGT. 8'-1" VINYL 26 68
6'-0" 9'-0" 7'-0" 21'-0" COVERED ENTRY 8'-1" STUCCO CLG. CONC. 20'-0"x20'-O" CLEAR SPACE 16'-0" x 7'-0" SECT. GAR. DOOR ENTRY CLG. HGT. 8'-1" VINYL 2 BAY GARAGE CONC. 30 SC 68 UP15R
W/H 26 68 26 SC 68 POWDER CLG. HGT. 8'-1" VINYL 26 68
6'-0" 9'-0" 7'-0" 21'-0" W.I.C. CLG. HGT. 8'-1" CARPET SERV. CLG. HGT. 8'-1" VINYL 2040 SH 26 68
30 68
26 68 5068 BI-PASS
28 68
30 68 DN15R 28 68
F.M.T.
F.M.T. BDRM. 2 CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET 5068 BI-PASS 26 68 9'-6" 4'-6" 7'-0" 10'-4" 3050 SH 3050 SH 10'-8"1'-0" PLAN 1.1378 C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK 1,372 SF 3 Bdrm | 2.5 Bath 2 Bay Garage 8' | 8' Plates 1.0 1B | Farmhouse 1C | Craftsman 931
4:12
4:12 4:12 RIDGE
RIDGE 4:12
4:12VALLEY VALLEY 4:12 4:12 6:12 RIDGE
RIDGE
VALLEY VALLEY
HIP HIP 4:12
6:12 6:12
6:12
6:12
4:12
4:12 6:12 R V H 4:12 4:12 RIDGE
RIDGE
VALLEY VALLEY 4:12
4:12 4:12
4:12
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 - TULARE, CA BLACKLINES SET WILD OAK PLAN 1.1378 Roof Plans 1.2 0 4 8 16 Composition Roof Eave 12" / Rake 12" Eave 12" / Rake 12" Eave 12" / Rake 12" 1A | Americana 1B | Farmhouse 1C | Craftsman
Composition Roof Composition Roof
932
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Front Elevations 1C | Craftsman 1A | Americana PLAN 1.1378 1B | Farmhouse 1.3
933
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK 1C | Craftsman 1A | Americana PLAN 1.1378 Front Elevations 1B | Farmhouse 1.3 STUCCO FINISH 2x6 WOOD FASCIA STUCCO FINISH 2x6 WOOD FASCIA 2x6 WOOD FASCIA STUCCO FINISH STUCCO OVER FOAM ADDRESS LIGHT ADDRESS LIGHT ADDRESS LIGHT STUCCO OVER FOAM FOAM OUTLOOKER W/ KNEE BRACE METAL SECTIONAL METAL SECTIONAL GARAGE DOOR GARAGE DOOR COMPOSITION ROOF METAL SECTIONAL GARAGE DOOR WOOD POST FIBER CEMENT BOARD & BATTEN STONE VENEER OVER STUCCO COLUMN WAINSCOT OVER STUCCO COLUMN STUCCO OVER FOAM FIBER CEMENT BOARD & BATTEN COMPOSITION ROOF COMPOSITION ROOF 934
3'-0"
±23'-212" TOP OF TILE
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 7'-0" N.G.
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
8'-1" 8'-1"
8'-1" 8'-1" 1'-7"
8'-1" 8'-1"
8'-1" 8'-1" 2'-0"
6'-8"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 1.4 Right Rear Left Front PLAN 1A | AMERICANA 935
7'-0" 7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
±25'-3" TOP OF TILE N.G.
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
6'-8"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 1.5 Right Rear Left Front PLAN 1B | FARMHOUSE 936
7'-0" 7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
±23'-212" TOP OF TILE
6'-8"
7'-0" N.G.
2'-10"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
2'-10"
6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 1.6 Right Rear Left Front PLAN 1C | CRAFTSMAN 937
20'-0"x20'-O" CLEAR SPACE 2 BAY GARAGE CONC.
30 SC 68 16'-0" x 7'-0" SECT. GAR. DOOR TEMP. GL. 2040 SH 3050 SH 3050 SH 6068 TEMP. GL. SLIDER 2668 UP 15R ENTRY VOL. CLG. VINYL POWDER CLG. HGT. 8'-1" VINYL GREAT ROOM CLG. HGT. 8'-1" VINYL 26 68 EAT-IN KITCHEN CLG. HGT. 8'-1" VINYL PANTRY CLG. HGT. 8'-1" VINYL CLG. BREAK LINE 3030 SH PORCH 8'-1" STUCCO CLG. CONC. 26 SC 68 W/H
23'-2" 14'-10" 3'-6"
41'-6" 30'-0"
35'-6" 10'-7" 19'-5"6'-0" 30'-0"
41'-6" 26 68F.M.T. DN15R
FX 2040 SERV. CLG. HGT. 8'-1" VINYL F.M.T.
30 68
30 68
26 68 26 68 28 68 F.M.T.
26 68W.I.C. CLG. HGT. 8'-1" CARPET BATH 1 CLG. HGT. 8'-1" VINYL 5068 BI-PASS 5068 BI-PASSBATH 2 CLG. HGT. 8'-1" VINYL 3050 SH 2630 SH 3050 SH 3050 SH BDRM. 1 CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET BDRM. 2 CLG. HGT. 8'-1" CARPET LOFT CLG. HGT. 8'-1" CARPET OPEN TO BELOW 3050 SH 11P 35'-6" 30'-0" 19'-4" 10'-8"
38'-0"
2'-6" 3050 FX 3050 SH C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Upper Floor - 946 SF PLAN 2.1583 Lower Floor - 632 SF 1,578 SF 3 Bdrm | 2.5 Bath | Loft 2 Bay Garage 8' | 8' Plates 2.0 2A | Americana 938
20'-0"x20'-O" CLEAR SPACE 2 BAY GARAGE CONC.
30 SC 68 16'-0" x 7'-0" SECT. GAR. DOOR TEMP. GL. 2040 SH 2668 UP 15R ENTRY VOL. CLG. VINYL POWDER CLG. HGT. 8'-1" VINYL CLG. BREAK LINE PORCH 8'-1" STUCCO CLG. CONC. 26 SC 68 W/H 10'-7" 19'-5"
6'-0" 26 68F.M.T. DN15R
FX 2040 SERV. CLG. HGT. 8'-1" VINYL
30 68
26 68 26 68 28 68 F.M.T.
26 68W.I.C. CLG. HGT. 8'-1" CARPET 5068 BI-PASS 5068 BI-PASSBATH 2 CLG. HGT. 8'-1" VINYL BDRM. 3 CLG. HGT. 8'-1" CARPET BDRM. 2 CLG. HGT. 8'-1" CARPET OPEN TO BELOW 3050 SH 3050 FX 3050 SH 19'-4" 10'-8" 2'-6"
20'-0"x20'-O" CLEAR SPACE 2 BAY GARAGE CONC.
30 SC 68 16'-0" x 7'-0" SECT. GAR. DOOR TEMP. GL. 2040 SH 2668 UP 15R ENTRY VOL. CLG. VINYL POWDER CLG. HGT. 8'-1" VINYL CLG. BREAK LINE PORCH 8'-1" STUCCO CLG. CONC. 26 SC 68 W/H 10'-7" 19'-5"
6'-0" 26 68F.M.T. DN15R
FX 2040 SERV. CLG. HGT. 8'-1" VINYL
30 68
26 68 26 68 28 68 F.M.T.
26 68W.I.C. CLG. HGT. 8'-1" CARPET 5068 BI-PASS 5068 BI-PASSBATH 2 CLG. HGT. 8'-1" VINYL BDRM. 3 CLG. HGT. 8'-1" CARPET BDRM. 2 CLG. HGT. 8'-1" CARPET OPEN TO BELOW 3050 SH 3050 FX 3050 SH 10'-8" 10'-8" 1'-6" 8'-8"1'-0"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK PLAN 2.1583 1,578 SF 3 Bdrm | 2.5 Bath | Loft 2 Bay Garage 8' | 8' Plates 2.0 2B | Farmhouse 2C | Craftsman 939
4:12 4:12
4:12
4:12 4:12 RIDGE
RIDGE VALLEY VALLEY 4:12 RIDGE
RIDGE 4:12
6:12
6:12
VALLEY VALLEY 4:12 4:12 4:12
RIDGE
4:12
4:12
4:12
4:12
RIDGE R
4:124:12 C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 - TULARE, CA BLACKLINES SET WILD OAK PLAN 2.1583 Roof Plans 2A | Americana Eave 12" / Rake 12" Eave 12" / Rake 12" Eave 12" / Rake 12" 2B | Farmhouse 2C | Craftsman 2.2 0 4 8 16 Composition Roof Composition Roof Composition Roof 940
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Front Elevations 2C | Craftsman 2A | Americana PLAN 2.1583 2B | Farmhouse 2.3
941
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK 2C | Craftsman 2A | Americana PLAN 2.1583 Front Elevations 2B | Farmhouse 2.3 STUCCO FINISH 2x6 WOOD FASCIA FOAM OUTLOOKER STUCCO FINISH 2x6 WOOD FASCIA STUCCO FINISH STUCCO OVER FOAM CORBEL WOOD POST ADDRESS LIGHT ADDRESS LIGHT STUCCO FINISH STUCCO OVER SHAPED STUCCO OVER FOAM METAL SECTIONAL METAL SECTIONAL GARAGE DOOR GARAGE DOOR COMPOSITION ROOF COMPOSITION ROOF METAL SECTIONAL GARAGE DOOR FIBER CEMENT BOARD AND BATTENS STUCCO OVER FOAM STONE VENEER OVER STUCCO COLUMN STUCCO OVER FOAM COMPOSITION ROOF 2X6 WOOD FASCIA FIBER CEMENT BOARD AND BATTENS ADDRESS LIGHT FOAM TRIM STUCCO WAINSCOT 942
±25'-112" TOP OF TILE
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 7'-0"
6'-8"
3'-0"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
7'-0" EQ. EQ.
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
6'-8"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 2.4 Right Rear Left Front PLAN 2A | AMERICANA 943
8'-1" 8'-1"
8'-1" 8'-1"
±25'-0" TOP OF TILE
7'-0"
7'-0"
6'-8"
10"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
6'-8"
7'-0"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK PLAN 2B | FARMHOUSE Building Elevations 2.5 Right Rear Left Front 944
8'-1" 8'-1"
8'-1" 8'-1"
±24'-212" TOP OF TILE
6'-8"
7'-0" 7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
2'-10" 4'-2"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
6'-8"
4'-2" 2'-10"
7'-0"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK PLAN 2C | CRAFTSMAN Building Elevations 2.6 Right Rear Left Front 945
UP PORCH 8'-1" STUCCO CLG. CONC. PWDR 9'-1" CLG. VINYL 20'-0"x20'-O" CLEAR SPACE GREAT ROOM CLG. HGT. 8'-1" VINYL DINING CLG. HGT. 8'-1" VINYL ENTRY CLG. HGT. 8'-1" VINYL 15R KITCHEN CLG. HGT. 8'-1" VINYL PANTRY CLG. HGT. 8'-1" VINYL 2 BAY GARAGE CONC. 26 68 6068 TEMP. GL. SLIDER 26 SC 68 26 68
30 SC 68 16'-0" x 7'-0" SECT. GAR. DOOR 3030 SH
F.M.T. 3050 SH W/H 26 68
41'-0" 2'-0" 30'-0"
23'-3" 17'-9" 30'-0" 11'-0" 19'-0"
43'-0" DN 15R
BI-PASS 5068
BI-PASS 5068 BATH 2 CLG. HGT. 8'-1" VINYL BDRM. 1 CLG. HGT. 8'-1" CARPET BDRM. 2 CLG. HGT. 8'-1" CARPETW.I.C. CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET BDRM. 4 CLG. HGT. 8'-1" CARPET SERVICE CLG. HGT. 8'-1" VINYL LOFT CLG. HGT. 8'-1" VINYL BATH 1 CLG. HGT. 8'-1" VINYL F.M.T.
F.M.T. F.M.T. F.M.T.
26 68
26 68
26 68 5068 BI-PASS
30 68
30 68 26 68
26 68 28 68
26 68 2040 SH
3050 SH 3050 SH 3050 SH 2040 FX
FX 20
TEMP. GL.
40 30'-0" 5'-312" 13'-8"
43'-0"
38'-6" 3'-6"
43'-0"
3'-6" 32'-8" 30'-0"5'-10" 1'-0" 3050 SH 3050 SH
1'-0" 11'-012" C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Upper Floor - 1,062 SF PLAN 3.1775 Lower Floor - 713 SF 1775 SF 4 Bdrm|2.5 Bath Loft 2 Bay Garage 8' | 8' Plates 3.0 3A | Americana 946
UP PORCH 8'-1" STUCCO CLG. CONC. PWDR 9'-1" CLG. VINYL 20'-0"x20'-O" CLEAR SPACE ENTRY CLG. HGT. 8'-1" VINYL 15R 2 BAY GARAGE CONC. 26 SC 68 26 68
30 SC 68 16'-0" x 7'-0" SECT. GAR. DOOR
F.M.T.
W/H
26 68
4'-6" 11'-0" 19'-0" DN 15R
BI-PASS 5068
BI-PASS 5068 BATH 2 CLG. HGT. 8'-1" VINYL BDRM. 2 CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET BDRM. 4 CLG. HGT. 8'-1" CARPET SERVICE CLG. HGT. 8'-1" VINYL LOFT CLG. HGT. 8'-1" VINYL F.M.T.
F.M.T.
26 68
26 68
26 68 5068 BI-PASS
30 26 68 28 68
26 68
3050 SH 2040 FX
FX 20
TEMP. GL.
40 13'-8" 11'-012"
1'-0"
3'-6" 5'-10" 5'-312"
3'-6" 3050 SH 3050 SH
1'-0" UP PORCH 8'-1" STUCCO CLG. CONC. PWDR 9'-1" CLG. VINYL 20'-0"x20'-O" CLEAR SPACE ENTRY CLG. HGT. 8'-1" VINYL 15R 2 BAY GARAGE CONC. 26 SC 68 26 68
30 SC 68 16'-0" x 7'-0" SECT. GAR. DOOR
F.M.T.
W/H
26 68
4'-6" 11'-0" 19'-0" DN 15R
BI-PASS 5068
BI-PASS 5068 BATH 2 CLG. HGT. 8'-1" VINYL BDRM. 2 CLG. HGT. 8'-1" CARPET BDRM. 3 CLG. HGT. 8'-1" CARPET BDRM. 4 CLG. HGT. 8'-1" CARPET SERVICE CLG. HGT. 8'-1" VINYL LOFT CLG. HGT. 8'-1" VINYL F.M.T.
F.M.T.
26 68
26 68
26 68 5068 BI-PASS
30 26 68 28 68
26 68
3050 SH 2040 FX
FX 20
TEMP. GL.
40 5'-4" 5'-412"
3'-6"
3'-6"
5'-10" 1'-0" 5'-312" 3050 SH 3050 SH 14'-0"
1'-0"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK PLAN 3.1775 1775 SF 4 Bdrm|2.5 Bath Loft 2 Bay Garage 8' | 8' Plates 3.1 3B | Farmhouse 3C | Craftsman 947
VALLEY RIDGE
RIDGE
VALLEYR
RIDGE
4:12
4:12 4:12 4:12
4:12
4:12
4:12 4:12 VALLEY RIDGE
RIDGE
VALLEY
RIDGE
6:12
6:12 5:12 5:12
6:12
6:12
6:12
6" 6:12 VALLEY RIDGE
RIDGE
VALLEYR
4:12 3:12
4:12
4:12 4:12 4:12 3:12 C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 - TULARE, CA BLACKLINES SET WILD OAK PLAN 3.1775 Roof Plans Composition Roof Eave 12" / Rake 12" Eave 12" / Rake 12" Eave 12" / Rake 12" 3.2 0 4 8 16 3A | Americana 3B | Farmhouse 3C | Craftsman Composition Roof Composition Roof 948
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Front Elevations PLAN 3.1775 3.3 3C | Craftsman 3A | Americana
3B | Farmhouse
949
2x6 WOOD FASCIA 2x6 WOOD FASCIA 2x6 WOOD FASCIA STUCCO FINISH STUCCO OVER FOAM WOOD POST STUCCO OVER FOAM ADDRESS LIGHT ADDRESS LIGHT ADDRESS LIGHT STUCCO FINISH WOOD TRIM STUCCO OVER FOAM STUCCO OVER FOAM C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK PLAN 3.1775 Front Elevations FOAM OUTLOOKER W/ KNEE BRACE 3.3 METAL SECTIONAL METAL SECTIONAL GARAGE DOOR GARAGE DOOR METAL SECTIONAL GARAGE DOOR STUCCO OVER FOAM FIBER CEMENT BOARD AND BATTENS STONE VENEER OVER STUCCO COLUMN WAINSCOT OVER STUCCO COLUMN 3C | Craftsman 3A | Americana 3B | Farmhouse COMPOSITION ROOF STUCCO FINISH FIBER CEMENT BOARD AND BATTENS COMPOSITION ROOF COMPOSITION ROOF 950
1'-0"
+STD. HEEL
8'-1" 8'-1"
8'-1" 8'-1" TOP OF TILE
±24'-7" N.G.
7'-0"
2'-6"
7'-6"
6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
1'-0"
+STD. HEEL LINE OF POWDER FLOOR 9'1" PLATE AT POWDER ONLY 7'-1014" 1'-234"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
1'-0"
+STD. HEEL
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 3.4 Right Rear Left Front PLAN 3A | AMERICANA 951
1'-0"
+STD. HEEL
8'-1" 8'-1"
8'-1" 8'-1" TOP OF TILE
±25'-1112" N.G.
7'-0" 7'-6"
6'-8"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1" LINE OF POWDER FLOOR 9'1" PLATE AT POWDER ONLY 7'-1014" 1'-234"
7'-0"
1'-0"
+STD. HEEL
8'-1" 8'-1"
8'-1" 8'-1"
7'-0"
1'-0"
+STD. HEEL
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 3.5 Right Rear Left Front PLAN 3B | FARMHOUSE 952
8'-1" 8'-1"
8'-1" 8'-1" TOP OF TILE
±24'-7" N.G.
7'-0"
4'-2" 2'-10"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
7'-0" 6'-8"
8'-1" 8'-1"
8'-1" 8'-1" LINE OF POWDER FLOOR 9'1" PLATE AT POWDER ONLY 1'-234" 7'-1034"
2'-10" 4'-2"
7'-0"
8'-1" 8'-1"
8'-1" 8'-1"
2'-10"
7'-0"
7'-0"
4'-2"
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. | 2024026| 03-27-25 0 2 4 8 - TULARE, CA BLACKLINES SET WILD OAK Building Elevations 3.6 Right Rear Left Front PLAN 3C | CRAFTSMAN 953
RESOLUTION NO. 2026-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA CONDITIONALLY APPROVING CLEMENTS RANCH SUBDIVISION MAP NO. 5606, A REQUEST BY D.R. HORTON TO SUBDIVIDE PARCELS TOTALING
APPROXIMATELY 78.11 ACRES INTO 292 LOTS FOR SINGLE-FAMILY
RESIDENTIAL USE, WITH ADDITIONAL LOTS FOR PRIVATE STREETS, UTILITIES, LANDSCAPING, LIGHTING, TRAILS, AND PARKS, AND AN APPROXIMATELY 20.81 DESIGNATED REMAINDER, TO BE LOCATED IN PROPOSED R-1 (SINGLE-FAMILY RESIDENTIAL ZONE), R-M-2 (MULTI-FAMILY RESIDENTIAL ZONE – 3,000 SQUARE FOOT MINIMUM SITE AREA), R-M-3 (MULTI-FAMILY RESIDENTIAL ZONE – 1,200 SQUARE FOOT MINIMUM SITE AREA), AND QP (QUASI-PUBLIC ZONE). THE
PROJECT SITE IS LOCATED NORTH OF THE NORTHEAST CORNER OF SOUTH
LOVERS LANE AND EAST CALDWELL AVENUE
(APNS: 127-020-020 AND -021)
WHEREAS, Clements Ranch Subdivision Map No. 5606 (“Subdivision”) is a request by D.R. Horton to subdivide parcels totaling approximately 78.11 acres into 292 lots for single-family residential use, with additional lots for private streets, utilities, landscaping, lighting, trails, and parks, and an approximately 20.81 designated remainder, to be located in proposed R-1 (Single-family residential zone), R-M-2 (Multifamily residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone).
The project site is located north of the northeast corner of South Lovers Lane and East Caldwell Avenue (APNs: APN: 127-020-020 and -021) (see Attachment “A”); and WHEREAS, the Subdivision requires approval of General Plan Amendment No. 2025-04 to be consistent with the General Plan; and
WHEREAS, the Subdivision requires to be prezoned R-1, R-M-2, R-M-3, and QP and annexed into City limits, consistent with the Annexation No. 2025-04 proposal; and WHEREAS, the Subdivision requires approval of a Planned Residential Development, proposed under Conditional Use Permit No. 2025-24; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on June 8, 2026; and WHEREAS, the Planning Commission of the City of Visalia finds the Subdivision in accordance with Visalia Municipal Code Chapter 16.16, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, an Initial Study was prepared which disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts; and
954
RESOLUTION NO. 2026-35
WHEREAS, a Mitigated Negative Declaration was prepared for the Subdivision, consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Visalia approves the Subdivision based on the following specific findings and based on the evidence presented:
1. The proposed subdivision have been found to be consistent with the City’s General Plan, should the proposed General Plan Amendment No. 2025-04 be approved. There are no specific plans applicable to the proposed maps.
2. The proposed design and improvements of the subdivision have been found to be consistent with the City’s General Plan, should the proposed General Plan Amendment No. 2025-04 be approved. Staff have reviewed the subdivision to be consistent with City standards, where applicable. There are no specific plans applicable to the proposed maps.
3. The site is physically suitable for the proposed map and its affiliated development plan. While a portion of the site is located in a 100-year floodplain, the development would raise the finished floor elevation to or above the base flood elevation, in conformance with the City’s Floodplain Management Regulations.
4. The site is physically suitable for the proposed maps and their affiliated development plan, which is designated as Low and Medium Density Residential. The subdivision is located on relatively flat land and is required to connect to City sewer services. Therefore, there are no concerns regarding site suitability with respect to the subdivision’s proposed density.
5. The proposed design and improvements of the maps have not been found likely to cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat, subject to the implementation of mitigation measures as proposed under the Mitigated Negative Declaration prepared for the project.
6. The proposed subdivision, its improvements and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent land uses. The project site is bordered by existing residential development, and arterial/collector streets.
7. There are no existing public access easements on the subject property, therefore the subdivision design or its improvements would not conflict with such easements.
8. The proposed subdivision is not subject to any of the following:
a. A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256. 955
RESOLUTION NO. 2026-35
b. An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5.)
c. An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code.
d. A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code.
10.That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that the Mitigated Negative Declaration prepared for the project is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Visalia requires frontage improvements along the designated remainder based on the following specific findings and based on the evidence presented:
1. Requiring the subdivider to construct frontage improvements along the proposal designated remainder is a necessary prerequisite to the orderly development of the surrounding area.
2. The designated remainder is an integral part of the urbanizing area and will be bordered by public improvements constructed as part of the subdivision.
Completion of the frontage improvements will promote continuity of the transportation, utility, drainage, and pedestrian networks and prevent fragmented infrastructure patterns.
3. Deferral of frontage improvements until development of the designated remainder would create the potential for incomplete public infrastructure and leapfrog development patterns inconsistent with the General Plan and the City's orderly growth objectives. Requiring the improvements before approval of a subsequent final map ensures that urban infrastructure is extended in a coordinated manner.
4. The required improvements, including street widening, curb, gutter, sidewalk, drainage, traffic-control devices, and related public improvements, are reasonably related to the impacts and development pattern created by the subdivision and are necessary to integrate the subdivision with the surrounding public infrastructure system. The regional stormwater basin is sized to accommodate the designated remainder and its frontage improvements.
Construction of the improvements will reduce the fragmented nature of the pedestrian network and allow residents of the subdivision to visit other areas. 956
RESOLUTION NO. 2026-35
5. Requiring construction of the frontage improvements with the first phase of development, provides a reasonable opportunity for implementation while ensuring that the improvements are completed within a timeframe that supports orderly urban development and avoids indefinite postponement.
6. The requirement does not impose an unreasonable burden because the subdivider may utilize improvement agreements, security instruments, reimbursement agreements, area of benefit districts, or other mechanisms authorized by law to allocate costs among benefitting properties and future development.
BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Subdivision on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Visalia Municipal Code Section 16.16.110, subject to the following conditions:
1. General Plan Amendment No. 2025-04 and Annexation No. 2025-04 shall be approved.
2. The subject property shall be annexed into City limits within two (2) years of tentative subdivision map approval.
3. The tentative subdivision map shall be developed in substantial conformance with Exhibit “A” and the comments and conditions of Site Plan Review No. 2025-013- 1-1-1-1, incorporated herein by reference.
4. Prior to the issuance of any residential building permit on the site, a valid Will Serve Letter from the California Water Service Company shall be provided to the Building Official.
5. Mitigation measures found within the Mitigation Monitoring and Reporting Program for the Clements Ranch subdivision shall be implemented.
6. The Project proponent shall pay their fair share cost for intersection improvements and roadway segment improvements as indicated in the Mitigated Negative Declaration or the City’s adopted transportation impact fee, whichever is greater, prior to final inspection.
7. Designated Remainder
a. Within one (1) year of filing a final map and with the development of the first phase, right-of-way and frontage improvements (street widening, curb, gutter, sidewalk, drainage, traffic-control devices, and related public improvements) along the designated remainder’s public street frontages shall be dedicated in fee to the City and constructed in accordance with City standards.
b. Notices shall be recorded on the designated remainder stating that at time of development of the designated remainder:
i. That the Tulare Irrigation Ditch shall be undergrounded and relocated pursuant to the standards and requirements of Tulare Irrigation District; and,
957
RESOLUTION NO. 2026-35
ii. That compliance with the City’s Agricultural Land Preservation Program will be required.
8. Gated Private Street PRD Area
a. Prior to acceptance of a Final Map of the PRD Area, Conditional Use Permit No. 2025-24 shall be approved.
b. The Expiration of Conditional Use Permit No. 2025-24 shall cause the PRD Area portion of Tentative Subdivision Map No. 5606 to be null and void. c. Outlots M, N, O, P, Q, R, and T shall not be offered or accepted for dedication and shall be conveyed to the Homeowner’s Association described under Condition (m) of Conditional Use Permit No. 2025-24. d. Outlots M and N shall be constructed with a six-foot tall block wall abutting the residential lots, as measured from highest adjacent grade. e. Outlots O, P, Q, and R in total shall equal to or greater than five (5) percent of the net lot area of the PRD Area and shall be restricted for park and recreation purposes. Legal documents shall be recorded that run with the land in favor of the future property owners of the property. Park and recreation outlots shall be developed with passive and/or recreational facilities of which can be selected from the list provided in VMC § 12.36.090.
Recreation improvements may be credited against the development fee if wholly complies with VMC § 12.36.090.
f. An exception to the lot depth standard for Lot 183 is granted pursuant to VMC § 16.04.050 if development of Lot 183 occurs prior to development of the Designated Remainder. This exception shall result in the minimum exception needed to allow the proposed development.
g. Phased development of the PRD Area shall provided sufficient turnaround space for solid waste and emergency vehicles. Temporary easements shall be granted to the City until at such time a subsequent phase is developed that renders the temporary easement unnecessary. Temporary easements shall be designed based on a vehicle turning template of City vehicles. h. Outlot S, if not accepted by SCE for dedication, shall be incorporated into the subdivision. The City will not accept dedication of Outlot S.
9. Standard R-1 Subdivision
a. Development of this area shall comply with the requirements of the R-1 zone district and Objective Design Standards. Compliance will be determined prior to building permit issuance.
b. Outlot C shall be incorporated into the subdivision as a numbered lot if the outlot is offered for dedication but not accepted by California Water Service. c. Outlots A, B, D, G, H, I, J, and L shall be constructed by the developer in accordance with City standards and specifications and dedicated in fee to the City.
958
RESOLUTION NO. 2026-35
d. Outlots E, F, and K shall be removed or have a minimum width of fifteen (15) feet and be constructed with a six (6) foot tall concrete masonry wall, measured from the highest adjacent grade.
10.Signage. The PRD Area and Non-PRD Area shall each be considered separate residential subdivision for purposes of determining the number of entrance signs allowed under VMC § 17.48.090 subdiv. (H).
11.Lots within the subdivision adjacent to, or across the street from, the High Density Residential designated remainder shall be recorded with a notice identifying that these parcels are located adjacent to a High Density Residential land use, which permit the development of high density multi-family development, including up to four stories.
12.That all applicable federal, state, regional, and city policies and ordinances be met. 959
SO. CAL. EDISON
2422 O.R. 693
35 33
34 OUTLOT C
29 30
32 31
43 44
37 38
39 40
41 42
63 62
61 60
59 58
57 64
36 OUTLOT D
86 85
84 83
82 81
80 79
74 68
75 69
76 70
77 71
78 72 OUTLOT F
73 89
87 OUTLOT E
45 46
47 48
49 50
56 55
54 53
52 51
17 16 15 14 13 20
21 19 18
22 26
25 24
23 12 11 10 9 8 7 6 5 4 3 2 1
98 99 100 101 104 105 106 107 108
95 92
93 94
97 96
91 121
120
119
116
118
117
113 112 111 110 109
115
OUTLOT K
114
122
123
124
125
127 128 129 130
OUTLOT J
139
136
135
134
138
131
133
132
OUTLOT G
211 140 141 142 143 144 145 146
197
205
204
203
202
209
201
208
200
207
199
206
198
210 212
215 218
219
217
220
216
222 221
213 214
224 223 OUTLOT O OUTLOT P
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
181 180 179 178 177 176 175 174 173 172 171 170
190
189
196
188
195
187
194
186
193
185
192
184
191
183
256
248
255
247
254
246
253
245
252
244
251
243
250
257
249
226
234
227
235
228
236
229
237
230
238
231
239
232
240
233
241
225 258
287
279
286
278
285
277
284
291
283
290
282
289
281
288
280
264
272
265
273
266
274
267
260
268
261
269
262
270
263
271
259 292
OUTLOT S
90 126
Δ
Δ
Δ
Δ
SUNNYSIDE AVENUE
SOUTH LOVERS LANE
APN
127-020-038
APN
127-020-034
APN
127-020-039
OUTLOT N
OUTLOT L
OUTLOT M
28 27
OUTLOT A
OUTLOT B
TEMPORARY TURNAROUND EASEMENT
(SEE NOTE)
169
OUTLOT R
OUTLOT Q
242 275 276
Δ
Δ
Δ
Δ
REMAINDER
APN
127-020-022
OUTLOT H
OUTLOT I
D.N.
2025-0024224
(PARCEL 2)
182
137 TEMPORARY ACCESS FOR GARBAGE EASEMENT (SEE NOTE)
67 66
103
88 65
102
OUTLOT T
OVERALL BOUNDARY CLEMENTS RANCH
TENTATIVE SUBDIVISION MAP
N SOUTH MCAULIFF STREET SOUTH LOVERS LANE
EAST WALNUT AVENUE
N ROAD 148
EAST CHERRY AVENUE
AVENUE 280 ROAD 128
Ó
SHEET 1 OF 3
ATTACHMENT "A"
960
27 28
35 33
34 29
30 32
31 17 16 15 14 13 9 8 7 6 5 2 1
21 19
18 22
26 25
24 23
12 11 10 4 3
20 43
44 37
45 38
46 39
47 40
48 41
49 42
50 63
56 62
55 61
54 60
53 59
52 58
57 51
64 36
86 85
68 69
70 71
72 89
87 84
83 82
81 80
79 74
75 76
77 78
73 95
92 93
94 97
96 91 121
120
119
100 101
98 99
116
118
117
115
109
108 107
111 110
106
112
105
113
104
114
139
136
137
135
134
138
131
133
132
130
122
123
124
125
127 128 129
OUTLOT G
OUTLOT D
OUTLOT C
OUTLOT J
OUTLOT K
126
90 OUTLOT EOUTLOT F
Δ
Δ
Δ
Δ STREET B
STREET C
STREET A
STREET A STREET D STREET E STREET G
STEET F STREET H STREET H
SUNNYSIDE AVENUE
SOUTH LOVERS LANE
APN
127-020-038
APN
127-020-034 DIRT ROAD DIRT ROAD DIRT ROAD DIRT ROAD
OUTLOT L
OUTLOT B
OUTLOT A
Δ
Δ
Δ
Δ
APN
127-020-022
OUTLOT H
OUTLOT I
D.N.
2025-0024224
(PARCEL 2)
209 210 211 212 140 141 142 143 144 145 146 REMAINDER
66 67
103
88 65
102
CLEMENTS RANCH
TENTATIVE SUBDIVISION MAP
N
SEE SHEET 3
SHEET 2 OF 3
961
S LOVERS LN 211
197
205
204
203
202
209
201
208
200
207
199
206
198 210212
142 143 144 145 146 140
141
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
287
279
286
278
285
277
284
291
283
290
282
289
281
288
280
264
272
265
273
266
274
267
260
268
261
269
262
270
263
271
259
292
256
248
255
247
254
246
253
245
252
244
251
243
250
257
249
226
234
227
235
228
236
229
237
230
238
231
239
232
240
233
241
225 258 215218 219 217 220 216 222221 213214 224223
181 180 179 178 177 176
190
189
196
188
195
187
194
186
193
185
192
184
191
183
174 173 172 171 170 175 OUTLOT OOUTLOT P
OUTLOT S STREET J STREET L STREET H
STREET I
STREET K
STREET L
STREET M
SUNNYSIDE AVENUE DIRT ROAD DIRT ROAD
DIRT ROAD DIRT ROAD
OUTLOT M OUTLOT N
STREET N (PUBLIC STREET)
TEMPORARY TURNAROUND EASEMENT
OUTLOT Q
242 275 276
OUTLOT R
169
REMAINDER 182
17 16 15 14 20 19 18 13 12 11 10 9 8 7 6 5 4 3 2 1 139 138 137 136 STREET H
OUTLOT T
OUTLOT T
OUTLOT T
OUTLOT T STREET J STREET L STREET H
287
286
285
264
265
266
253
252
251
157
158
159
230
231
232
TEMPORARY ACCESS FOR GARBAGE EASEMENT
CLEMENTS RANCH
TENTATIVE SUBDIVISION MAP
N
SEE SHEET 2
SHEET 3 OF 3
N
962
RESOLUTION NO. 2026-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NO. 2025-13, A REQUEST BY D.R. HORTON TO SUBDIVIDE PARCELS TOTALING
APPROXIMATELY 78.11 ACRES INTO FOUR PARCELS AND AN APPROXIMATELY
20.81 DESIGNATED REMAINDER (SEE ATTACHMENT “A”), TO BE LOCATED IN PROPOSED R-1 (SINGLE-FAMILY RESIDENTIAL ZONE), R-M-2 (MULTI-FAMILY RESIDENTIAL ZONE – 3,000 SQUARE FOOT MINIMUM SITE AREA), R-M-3 (MULTIFAMILY RESIDENTIAL ZONE – 1,200 SQUARE FOOT MINIMUM SITE AREA), AND QP (QUASI-PUBLIC ZONE). THE PROJECT SITE IS LOCATED NORTH OF THE
NORTHEAST CORNER OF SOUTH LOVERS LANE AND EAST CALDWELL AVENUE APNS: APN: 127-020-020 AND -021
WHEREAS, Tentative Parcel Map No. 2025-13 (“Subdivision”) is a request by D.R.
Horton to subdivide parcels totaling approximately 78.11 acres into four parcels and an approximately 20.81 designated remainder (see Attachment “A”), to be located in proposed R-1 (Single-family residential zone), R-M-2 (Multi-family residential zone – 3,000 square foot minimum site area), R-M-3 (Multi-family residential zone – 1,200 square foot minimum site area), and QP (Quasi-public zone). The project site is located north of the northeast corner of Lovers Lane and Caldwell Avenue (APNs: APN: 127-020-020 and -021); and
WHEREAS, the Subdivision requires approval of General Plan Amendment No. 2025-04 to be consistent with the General Plan; and WHEREAS, the Subdivision requires to be prezoned R-1, R-M-2, R-M-3, and QP and annexed into City limits, consistent with the Annexation No. 2025-04 proposal; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on June 8, 2026; and WHEREAS, the Planning Commission of the City of Visalia finds the Subdivision in accordance with Visalia Municipal Code Chapter 16.16, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, an Initial Study was prepared which disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts; and
WHERAS, a Mitigated Negative Declaration was prepared for the Subdivision, consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
963
RESOLUTION NO. 2026-36
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Visalia approves the Subdivision based on the following specific findings and based on the evidence presented:
1. The proposed subdivision have been found to be consistent with the City’s General Plan, should the proposed General Plan Amendment No. 2025-04 be approved.
There are no specific plans applicable to the proposed maps.
2. The proposed design and improvements of the subdivision have been found to be consistent with the City’s General Plan, should the proposed General Plan Amendment No. 2025-04 be approved. Staff have reviewed the subdivision to be consistent with City standards, where applicable. There are no specific plans applicable to the proposed maps.
3. The site is physically suitable for the proposed map and its affiliated development plan. While a portion of the site is located in a 100-year floodplain, the development would raise the finished floor elevation to or above the base flood elevation, in conformance with the City’s Floodplain Management Regulations.
4. The site is physically suitable for the proposed maps and their affiliated development plan, which is designated as Low and Medium Density Residential. The subdivision is located on relatively flat land and is required to connect to City sewer services. Therefore, there are no concerns regarding site suitability with respect to the subdivision’s proposed density.
5. The proposed design and improvements of the maps have not been found likely to cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat, subject to the implementation of mitigation measures as proposed under the Mitigated Negative Declaration prepared for the project.
6. The proposed subdivision, its improvements and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent land uses. The project site is bordered by existing residential development, and arterial/collector streets.
7. There are no existing public access easements on the subject property, therefore the subdivision design or its improvements would not conflict with such easements.
8. The proposed subdivision is not subject to any of the following:
a. A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256.
b. An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5.)
964
RESOLUTION NO. 2026-36
c. An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code.
d. A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code.
9. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that the Mitigated Negative Declaration prepared for the project is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Visalia requires frontage improvements along the designated remainder based on the following specific findings and based on the evidence presented:
1. Requiring the subdivider to construct frontage improvements along the proposal designated remainder is a necessary prerequisite to the orderly development of the surrounding area.
2. The designated remainder is an integral part of the urbanizing area and will be bordered by public improvements constructed as part of the subdivision.
Completion of the frontage improvements will promote continuity of the transportation, utility, drainage, and pedestrian networks and prevent fragmented infrastructure patterns.
3. Deferral of frontage improvements until development of the designated remainder would create the potential for incomplete public infrastructure and leapfrog development patterns inconsistent with the General Plan and the City's orderly growth objectives. Requiring the improvements before approval of a subsequent final map ensures that urban infrastructure is extended in a coordinated manner.
4. The required improvements, including street widening, curb, gutter, sidewalk, drainage, traffic-control devices, and related public improvements, are reasonably related to the impacts and development pattern created by the subdivision and are necessary to integrate the subdivision with the surrounding public infrastructure system. The regional stormwater basin is sized to accommodate the designated remainder and its frontage improvements.
Construction of the improvements will reduce the fragmented nature of the pedestrian network and allow residents of the subdivision to visit other areas.
BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Subdivision on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Visalia Municipal Code Section 16.16.110, subject to the following conditions:
1. General Plan Amendment No. 2025-04 and Annexation No. 2025-04 shall be approved.
965
RESOLUTION NO. 2026-36
2. Comply with all conditions per Resolution No. 2026-35 with respect to the frontage improvements along the designated Remainder.
3. The subject property shall be annexed into City limits prior to acceptance of a final parcel map.
4. Notices shall be recorded on the designated remainder stating that at time of development of the designated remainder:
a. that the Tulare Irrigation Ditch shall be undergrounded and relocated pursuant to the standards and requirements of Tulare Irrigation District; and, b. that compliance with the City’s Agricultural Land Preservation Program will be required.
5. Access and utility easements shall be provided to each parcel from the public rightof-way. Parcels that can accommodate more than 30 dwelling units shall be provided with two access points.
6. That all applicable federal, state, regional, and city policies and ordinances be met. 966
SO. CAL. EDISON
2422 O.R. 693 SOUTH LOVERS LANE
D.N.
2024-0040168
APN
127-020-038
D.N.
2024-0040167
APN
127-020-034 D.N. 2024-0040166 APN 127-020-039
EAST CALDWELL AVENUE
EAST SUNNYSIDE
AVENUE
EAST K AVENUE
Δ
Δ
Δ
Δ
Δ Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
PARCEL 4
REMAINDER
PARCEL 3
PARCEL 2
PARCEL 1
D.N.
2025-0024224
APN
127-020-032 (PTN)
Δ
N SOUTH MCAULIFF STREET SOUTH LOVERS LANE
EAST WALNUT AVENUE
N ROAD 148 EAST CHERRY AVENUE
AVENUE 280 ROAD 128
ATTACHMENT "A"
967
25 26
27 28
29 30
31 32
34 35 36
37 38
39 40
41 42
43 44
45 46
47 54
55 56
57 58
59 60
61 63
64 65
66 67
68 69
70 71
72 73
74 75 82
83 84
85 86
87 88
89 90
91 92
93 94
95 115
117
118
119
120
121
122
123
124
125
126
127 128 129 130
131
33 116
96 62
OUTLOT F
OUTLOT E
(BASIN)
OUTLOT A
(WELL SITE)
OUTLOT B
OUTLOT C OUTLOT D
E CALDWELL AVE S LOVERS LN
APN
127-020-038
APN
127-020-034
APN
127-020-022
D.N.
2025-0024224
(PARCEL 2)
CENTERLINE OF CAMERON CREEK
N
LANDSCAPE CONCEPTUAL PLAN FOR CAMERON CREEK OUTLOTS
NOVEMBER 4, 2025
SEATING AREA
SEATING AREA
CONNECTION TO STREET
CONNECTION TO STREET
SEATING AREA
PROJ # 240208
SEATING AREA
Landscape Concept for Cameron Creek
968
INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION
CLEMENTS RANCH TENTATIVE TRACT
MAP NO. 5606
Prepared for:
City of Visalia
Planning and Community Preservation Department
315 East Acequia Avenue
Visalia, CA 93291
Contact Person: Jarred Olsen, AICP
Phone: (559) 713-4449
Consultant :
5080 California Avenue, Suite 220
Bakersfield, CA 93309
Contact: Jaymie Brauer
Phone: (661) 616-2600
May 2026
Project #240208
~±-
v -VIS-AL-IA
969
NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT A MITIGATED NEGATIVE
DECLARATION
This is to advise that the City of Visalia has prepared a Mitigated Negative Declaration for the Project identified below that is scheduled to be held at the Planning Commission of the City of Visalia meeting on June 8, 2026.
PLEASE BE ADVISED that the Planning Commission of the City of Visalia will consider a recommendation to adopt the Mitigated Negative Declaration at its meeting to be held on June 8, 2026. Presentations will be made at approximately 7:00 p.m. Action on items on the Commission’s agenda will occur after the presentations. The meeting will be held at the Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, California 93291.
Project Name
Clements Ranch Tentative Tract Map No. 5606
Project Location
The Project site is located within an area of unincorporated Tulare County, southeast of the City of Visalia (City), adjacent to the City limits. The site consists of two separate Assessor Parcel Numbers (APNs), 127-020-20 and 127-020-21, with a combined approximately 78 acres of land. The Project site area is within the City’s Sphere of Influence (SOI) and Urban Development Boundary (UDB) – Tier II. The site is currently zoned AE-20 (Exclusive Agriculture, 20-acre minimum) by Tulare County and designated as Residential Low, Residential Medium, Residential High Density, and Conservation by the City General Plan.
The Project is within Section 3, Township 19S, Range 25E, Mount Diablo Base and Meridian (MDB&M), of the Visalia U.S. Geological Survey (USGS) Quad Map. The site is generally bound by Union Pacific Railroad to the north, Road 148 to the east, East Caldwell Avenue (Avenue 280) to the south, and South Lovers Lane (Road 140) to the west. The surrounding land uses are generally agricultural land to the north, east, and south, and mixed-density residential tracts to the west.
Project Description
The Project site consists of approximately 370 multi-family high-density units, 153 singlefamily medium-density units in a gated community with a Homeowners Association (HOA), and 139 single-family low-density units in a non-gated community, for a total of approximately 662 units.
The Project site area will have three phases of buildout:
• TD 1 – Phase 1: Development of lots 1-78, outlots A-E, G-I, and L, Sunnyside Avenue and Streets A, B, E, and C
970
• TD 1 – Phase 2: Development of lots 140-158, 197-231, 252-265, 286-292, and outlots O and P
• TD 2 – Phase 1: Development of lots 79-189, outlots F, J-K, and Streets A, C, E-H • TD 2 – Phase 2: Development of lots 159-196, 232-251, 266-285, and outlots Q, R, and T
There is no proposed development of the multi-family units at this time; however, this area is considered Phase 3.
On- and off-site improvements include circulation roads, interior local streets, curbs, gutters, sound barriers, sidewalks, streetlights, neighborhood connections to walking trail, open spaces, landscaping, a water well to be maintained by the City of Visalia, and stormwater basins. All streets are to be offered for dedication for public street purposes. All residential units will be equipped with 450-watt solar panels, utilize all electric appliances, and will be EV-ready (pre-wired during construction to allow for installation of an EV residential charger in the future). The multi-family portion of the Project will realign and underground the Tulare Irrigation Canal.
Outlots will be utilized and dedicated as follows:
• Outlots A, B, E, F, and J-L: Dedicated to the City of Visalia for open space, pedestrian, and public landscaping
• Outlots D and H: Dedicated to the City of Visalia for trail purposes • Outlot C: For a water well that will be maintained by the City of Visalia • Outlot G: Stormwater basin to be dedicated to the City of Visalia • Outlot I: Dedicated to Tulare County Irrigation District • Outlots M-R and T: Maintained by private HOA
• Outlot S: To be deeded to Southern California Edison (SCE) Water will be provided by the California Water Service Company, and sewer will be provided by the City.
Discretionary Actions:
The following discretionary actions are required for the Project:
• Annexation into the City of Visalia (Annexation No. 2025-02) • Annexation approval by Tulare County Local Agency Formation Commission (LAFCo) • General Plan Amendment (GPA No. 2025-04) to modify existing General Plan designations to optimize the residential development on the parcel and amend Figure 4-1 of the Circulation Element
• Prezone to R-1-5 (Single-Family Residential), R-M-2 (Medium-Density Multi-Family Residential), R-M-3 (Multi-Family Residential) and QP (Quasi-Public) • Tentative Tract Map No. 5606
• Conditional Use Permit (CUP) for a Planned Unit Development (PUD) (CUP No. 2025- 24)
971
The Project site would be prezoned as R-1-5, R-M-2, R-M-3, and QP. The General Plan Amendment would modify the existing General Plan designations to optimize the residential development on the parcel and amend the Visalia Circulation Element to remove the “K” Avenue new one-mile-long, two-lane collector from Lovers Lane to Road 248, as referenced in Figure 4-1 Roadway Classifications and Table 4-5 Planned Circulation Improvements of the City’s General Plan. There is an SCE substation approximately 0.50 miles east of the Project site that would not allow for the extension of “K” Avenue. A new Sunnyside Avenue, one-mile-long, two-lane collector from the Lovers Lane/Sunnyside Avenue intersection to Road 248, is to be added to Figure 4-1 and Table 4-5. The CUP/PUD will allow certain deviations of the Visalia Municipal Code standards to develop single-family homes within the Medium-Density land use/R-M-2 designation, allow for reduced setbacks, street sizes, and parcel sizes for the medium-density parcels.
Construction:
Construction of the residential development would occur over a maximum of 18 to 24 months. It is anticipated that the following pieces of equipment would be used during construction activities:
• Roller
• Loaded trucks
• Excavator
• Generator
• Service truck
• Air compressor
The document and documents referenced in the Initial Study/Mitigated Negative Declaration are available for review at the City of Visalia Planning Division, 315 East Acequia Avenue, Visalia, California 93291, Monday through Thursday, 7:30 a.m. - 5:00 p.m., and at the website:
https://www.visalia.gov/277/California-Environmental-Quality-Act-CEQ As mandated by the California Environmental Quality Act (CEQA), the public review period for this document will be 30 days (CEQA Section 15073[b]). The public review period begins on May 8, 2026, and ends on June 7, 2026. For further information, please contact Jarred Olsen, Principal Planner, at (559) 713-4449 or [email protected]. 972
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Table of Contents
Acronyms and Abbreviations..........................................................................................................................iv Mitigated Negative Declaration ................................................................................................................. 1 SECTION 1 - Introduction ........................................................................................................................ 1-1
1.1 - Overview .................................................................................................................................................... 1-1
1.2 - California Environmental Quality Act............................................................................................. 1-1
1.3 - Impact Terminology............................................................................................................................... 1-1
1.4 - Document Organization and Contents............................................................................................ 1-2
1.5 - Incorporated by Reference.................................................................................................................. 1-2 SECTION 2 - Project Description ........................................................................................................... 2-1
2.1 - Introduction .............................................................................................................................................. 2-1
2.2 - Project Location....................................................................................................................................... 2-1
2.3 - Surrounding Land Uses ........................................................................................................................ 2-1
2.4 - Proposed Project..................................................................................................................................... 2-1 SECTION 3 - Initial Study ......................................................................................................................... 3-1
3.1 - Environmental Checklist...................................................................................................................... 3-1
3.2 - Environmental Factors Potentially Affected ................................................................................ 3-6
3.3 - Determination .......................................................................................................................................... 3-6
3.4 - Evaluation of Environmental Impacts ............................................................................................ 3-8
3.4.1 - Aesthetics .............................................................................................................................. 3-10
3.4.2 - Agriculture and Forestry Resources........................................................................... 3-14
3.4.3 - Air Quality ............................................................................................................................. 3-19
3.4.4 - Biological Resources ......................................................................................................... 3-31
3.4.5 - Cultural Resources............................................................................................................. 3-45
3.4.6 - Energy..................................................................................................................................... 3-50
3.4.7 - Geology and Soils................................................................................................................ 3-52
3.4.8 - Greenhouse Gas Emissions............................................................................................. 3-59
3.4.9 - Hazards and Hazardous Materials............................................................................... 3-64
3.4.10 - Hydrology and Water Quality..................................................................................... 3-71
3.4.11 - Land Use and Planning.................................................................................................. 3-85
3.4.12 - Mineral Resources........................................................................................................... 3-88
3.4.13 - Noise..................................................................................................................................... 3-90
3.4.14 - Population and Housing................................................................................................ 3-95
3.4.15 - Public Services.................................................................................................................. 3-97
3.4.16 - Recreation ....................................................................................................................... 3-103
3.4.17 - Transportation and Traffic ....................................................................................... 3-105 973
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3.4.18 - Tribal Cultural Resources.......................................................................................... 3-122
3.4.19 - Utilities and Service Systems ................................................................................... 3-124
3.4.20 - Wildfire............................................................................................................................. 3-130
3.4.21 - Mandatory Findings of Significance ...................................................................... 3-133 SECTION 4 - List of Preparers ................................................................................................................ 4-1
4.1 - Lead Agency – City of Visalia .............................................................................................................. 4-1
4.2 - QK.................................................................................................................................................................. 4-1 SECTION 5 - References ........................................................................................................................... 5-1 SECTION 6 - Mitigation Monitoring and Reporting Program ....................................................... 6-1 List of Appendices
A – Air Quality Impacts Analysis
B – Biological Resource Evaluation
C – Cultural Resources Technical Memorandum
D – Traffic Impact Analysis and Vehicle Miles Traveled Analysis E – Water Supply Assessment
List of Figures
Figure 2-1 Regional Location ....................................................................................................................... 2-4 Figure 2-2 City Limits and Sphere of Influence..................................................................................... 2-5 Figure 2-3 Project Site Location.................................................................................................................. 2-6 Figure 2-4 Residential Site Plan .................................................................................................................. 2-7 Figure 2-5 Existing Land Use Designations ............................................................................................ 2-8 Figure 2-6 Proposed Land Use Designations ......................................................................................... 2-9 Figure 2-7 Existing Zoning ......................................................................................................................... 2-10 Figure 2-8 Proposed Zoning ...................................................................................................................... 2-11 Figure 3.4.10-1 FEMA Flood Hazard Zone ........................................................................................... 3-84 List of Tables
Table 3.4.3-1 SJVAPCD CEQA Thresholds of Significance .............................................................. 3-21 Table 3.4.3-2 Short-Term Project Emissions ...................................................................................... 3-22 Table 3.4.3-3 Post-Project Max Year (Operational Emissions).................................................... 3-23 Table 3.4.3-4 Predicted Ambient Air Quality Impacts..................................................................... 3-24 Table 3.4.3-5 Comparison of Maximum Modeled Project Impact with Significant Thresholds ........................................................................................................................................................ 3-24 974
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Table 3.4.3-6 2030 Emissions Projections – Proposed Project, Tulare County and SJVAB .................................................................................................................................................................. 3-26 Table 3.4.3-7 Sensitive Receptors Located < One Mile from Project........................................ 3-26 Table 3.4.3-8 Measures of Significance – Toxic Air Contaminants ............................................. 3-27 Table 3.4.3-9 Potential Maximum Impacts Predicted by HARP................................................... 3-28 Table 3.4.3-10 Screening Levels for Potential Odor Sources........................................................ 3-29 Table 3.4.4-1 Special-Status Plant Species Occurring in the Region of the BSA.................... 3-33 Table 3.4.4-2 Special-Status Wildlife Species Occurring in the Region of the BSA............... 3-34 Table 3.4.5-1 Project Distance from Historic Sites ........................................................................... 3-45 Table 3.4.8-1 Estimated Annual GHG Emissions (MT/Year)........................................................ 3-59 Table 3.4.10-1 Estimated Annual Proposed Project Water Demand (AFY)............................ 3-75 Table 3.4.10-2 Projected Normal Year Water Supply and Demand (AFY).............................. 3-76 Table 3.4.10-3 Projected Single Dry Year Water Supply and Demand (AFY) ........................ 3-77 Table 3.4.10-4 Projected Multiple Dry Year Water Supply and Demand (AFY).................... 3-78 Table 3.4.17-1 Project Trip Generation Estimate........................................................................... 3-109 Table 3.4.17-2 Existing Intersection LOS Results........................................................................... 3-110 Table 3.4.17-3 Opening Year No Project Intersection LOS Results ......................................... 3-112 Table 3.4.17-4 Opening Year (2028) Plus Phases 1 & 2 LOS Intersection Results ........... 3-113 Table 3.4.17-5 Cumulative 5-Year No Project Intersection LOS Results............................... 3-114 Table 3.4.17-6 Cumulative 5-Year Plus Phases 1 & 2 Intersection LOS Results................. 3-116 Table 3.4.17-7 Cumulative 5-Year Plus Project Buildout Intersection LOS Results ......... 3-117 Table 3.4.17-8 Single-Family Residential Fair Share of Future Roadway Improvements.............................................................................................................................................. 3-118 Table 3.4.17-9 Multi-Family Residential Fair Share of Future Roadway Improvements............................................................................................................................................. 3-118 975
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Acronyms and Abbreviations
AAQS Ambient Air Quality Standards
AB Assembly Bill
AE-20 Exclusive Agriculture, 20-acre minimum
AFY acre-feet per year
APNS Assessor Parcel Numbers
APS Alternative Planning Strategy
AQAP Air Quality Attainment Plans
AQIA Air Quality Impact Analysis
AQP air quality plan
BAU business as usual
BMPs best management practices
BSA Biological Survey Area
C&D Construction and Demolition
CA MUTCD California Manual on Uniform Traffic Control Devices CAAQS California Ambient Air Quality Standards
Cal Water California Water Service Company
CalGEM California Geologic Energy Management Division
CARB California Air Resources Board
CBC California Building Code
CCAA California Clean Air Act
CDFG California Department of Fish and Game
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CGC California Government Code
City City of Visalia
CNDDB California and California Natural Diversity Database CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CO carbon monoxide
CO2e carbon dioxide equivalent
CUP Conditional Use Permit
CWC California Water Code
dB decibel
District Visalia Water District
DNL Day-Night Average Sound Level
DOC Department of Conservation
DOF Department of Finance
DTSC Department of Toxic Substances Control
DU dwelling unit
EDD Employment Development Department
EIR Environmental Impact Report
ETGSA Eastern Tule Groundwater Sustainability Agency
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FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
FMMP Farmland Mapping and Monitoring Program
GAMAQI Guidance for Assessing and Mitigating Air Quality Impacts GHG greenhouse gas
GPA General Plan Amendment
Gpd gallons per day
GSAs Groundwater Sustainability Agencies
GSP Groundwater Sustainability Plan
HAP hazardous air pollutant
HARP Hotspots Analysis and Reporting Program
HI hazard index
HMBP Hazardous Materials Business Plan
HOA Homeowners Association
IRWM Integrated Regional Water Management
IS Initial Study
ISO Insurance Services Office
ITE Institute of Transportation Engineers
ITP Incidental Take Permit
KDWCD Kaweah Delta Water Conservation District
LAFCo Local Agency Formation Commission
LRA Local Responsibility Area
MDB&M Mount Diablo Base and Meridian
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program
MND Mitigated Negative Declaration
MPOs Metropolitan Planning Organizations
MWELO Model Water Efficient Landscape Ordinance
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NHD National Hydrography Dataset
NO2 nitrogen dioxide
NOx oxides of nitrogen
NPDES National Pollutant Discharge Elimination System
NWI National Wetlands Inventory
O3 ozone
Pb lead
PM particulate matter
PM10 particulate matter with a diameter of 10 microns or less PM2.5 particulate matter with a diameter of 2.5 microns or less PMI point of maximum impact
PPD persons per day
PSD prevention of significant deterioration
PUD Planned Unit Development
QP Quasi-Public
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R-1-5 Single-Family Residential
R-M-2 Medium-Density Multi-Family Residential
R-M-3 Multi-Family Residential
ROG reactive organic gases
RTPA Regional Transportation Planning Agencies
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCE Southern California Edison
SCS Sustainable Communities Strategy
SIL Significant Impact Levels
SIP State Implementation Plan
SJVAB San Joaquin Valley Air Basin
SJVAPCD San Joaquin Valley Air Pollution Control District SMARA Surface Mining and Reclamation Act
SOI Sphere of Influence
SOx sulfur oxides
SR State Route
SRAs State Responsibility Areas
SSJVIC South San Joaquin Valley Information Center
SWMA Consolidated Waste Management Authority
SWMP Storm Water Master Plan
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TCAG Tulare County Association of Governments
TCRTA Tulare County Regional Transportation Agency
TIA Traffic Impact Analysis
TOD Transit Oriented Design
TTM Tentative Tract Map
UBC Uniform Building Code
UDB Urban Development Boundary
USFWS United States Fish and Wildlife Service
USGS U.S. Geological Survey
UST Underground storage tank
UTM Universal Transverse Mercator
UWMP Urban Water Management Plan
VFD Visalia Fire Department
VMT vehicle miles traveled
VPD Visalia Police Department
VUSD Visalia Unified School District
WCP Water Conservation Plant
WSA Water Supply Assessment
WUI Wildland Urban Interface
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MITIGATED NEGATIVE DECLARATION
As Lead Agency under the California Environmental Quality Act (CEQA), the City of Visalia reviewed the Project described below to determine whether it could have a significant effect on the environment because of its development. In accordance with CEQA Guidelines Section 15382, “[s]ignificant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.
Project Name
Clements Ranch Tentative Tract Map No. 5606
Project Location
The Project site is located within an area of unincorporated Tulare County, southeast of the City of Visalia (City), adjacent to the City limits. The site consists of two separate Assessor Parcel Numbers (APNs), 127-020-20 and 127-020-21, with a combined approximately 78 acres of land. The Project site area is within the City’s Sphere of Influence (SOI) and Urban Development Boundary (UDB) – Tier II. The site is currently zoned AE-20 (Exclusive Agriculture, 20-acre minimum) by Tulare County and designated as Residential Low, Residential Medium, Residential High Density, and Conservation by the City General Plan.
The Project is within Section 3, Township 19S, Range 25E, Mount Diablo Base and Meridian (MDB&M), of the Visalia U.S. Geological Survey (USGS) Quad Map. The site is generally bound by Union Pacific Railroad to the north, Road 148 to the east, East Caldwell Avenue (Avenue 280) to the south, and South Lovers Lane (Road 140) to the west. The surrounding land uses are generally agricultural land to the north, east, and south, and mixed-density residential tracts to the west.
Project Description
The Project site consists of approximately 370 multi-family high-density units, 153 singlefamily medium-density units in a gated community with a Homeowners Association (HOA), and 139 single-family low-density units in a non-gated community, for a total of approximately 662 units.
The Project site area will have three phases of buildout:
• TD 1 – Phase 1: Development of lots 1-78, outlots A-E, G-I, and L, Sunnyside Avenue and Streets A, B, E, and C
• TD 1 – Phase 2: Development of lots 140-158, 197-231, 252-265, 286-292, and outlots O and P
• TD 2 – Phase 1: Development of lots 79-189, outlots F, J-K, and Streets A, C, E-H 979
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• TD 2 – Phase 2: Development of lots 159-196, 232-251, 266-285, and outlots Q, R, and T
There is no proposed development of the multi-family units at this time; however, this area is considered Phase 3.
On- and off-site improvements include circulation roads, interior local streets, curbs, gutters, sound barriers, sidewalks, streetlights, neighborhood connections to walking trail, open spaces, landscaping, a water well to be maintained by the City of Visalia, and stormwater basins. All streets are to be offered for dedication for public street purposes. All residential units will be equipped with 450-watt solar panels, utilize all electric appliances, and will be EV-ready (pre-wired during construction to allow for installation of an EV residential charger in the future). The multi-family portion of the Project will realign and underground the Tulare Irrigation Canal.
Outlots will be utilized and dedicated as follows:
• Outlots A, B, E, F, and J-L: Dedicated to the City of Visalia for open space, pedestrian, and public landscaping
• Outlots D and H: Dedicated to the City of Visalia for trail purposes • Outlot C: For a water well that will be maintained by the City of Visalia • Outlot G: Stormwater basin to be dedicated to the City of Visalia • Outlot I: Dedicated to Tulare County Irrigation District • Outlots M-R and T: Maintained by private HOA
• Outlot S: To be deeded to Southern California Edison (SCE) Water will be provided by the California Water Service Company, and sewer will be provided by the City.
Discretionary Actions:
The following discretionary actions are required for the Project:
• Annexation into the City of Visalia (Annexation No. 2025-02) • Annexation approval by Tulare County Local Agency Formation Commission (LAFCo) • General Plan Amendment (GPA No. 2025-04) to modify existing General Plan designations to optimize the residential development on the parcel and amend Figure 4-1 of the Circulation Element
• Prezone to R-1-5 (Single-Family Residential), R-M-2 (Medium-Density Multi-Family Residential), R-M-3 (Multi-Family Residential) and QP (Quasi-Public) • Tentative Tract Map No. 5606
• Conditional Use Permit (CUP) for a Planned Unit Development (PUD) (CUP No. 2025- 24)
The Project site would be prezoned as R-1-5, R-M-2, R-M-3, and QP. The General Plan Amendment would modify the existing General Plan designations to optimize the residential 980
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development on the parcel and amend the Visalia Circulation Element to remove the “K” Avenue new one-mile-long, two-lane collector from Lovers Lane to Road 248, as referenced in Figure 4-1 Roadway Classifications and Table 4-5 Planned Circulation Improvements of the City’s General Plan. There is an SCE substation approximately 0.50 miles east of the Project site that would not allow for the extension of “K” Avenue. A new Sunnyside Avenue, one-mile-long, two-lane collector from the Lovers Lane/Sunnyside Avenue intersection to Road 248, is to be added to Figure 4-1 and Table 4-5. The CUP/PUD will allow certain deviations of the Visalia Municipal Code standards to develop single-family homes within the Medium-Density land use/R-M-2 designation, allow for reduced setbacks, street sizes, and parcel sizes for the medium-density parcels.
Construction:
Construction of the residential development would occur over a maximum of 18 to 24 months. It is anticipated that the following pieces of equipment would be used during construction activities:
• Roller
• Loaded trucks
• Excavator
• Generator
• Service truck
• Air compressor
Mailing Address and Phone Number of Contact Person
Jarred Olsen, AICP – Principal Planner
City of Visalia, Planning and Community Preservation Department 315 East Acequia Avenue
Visalia, CA 93291
(559) 713-4449
Email: [email protected]
Findings
As Lead Agency, the City of Visalia finds that the Project will not have a significant effect on the environment. The Environmental Checklist (CEQA Guidelines Appendix G) or Initial Study (IS) (see Section 3 - Environmental Checklist) identified one or more potentially significant effects on the environment, but revisions to the Project have been made before the release of this Mitigated Negative Declaration (MND), or mitigation measures would be implemented that reduce all potentially significant impacts to less-than-significant levels.
The Lead Agency further finds that there is no substantial evidence that this Project would have a significant effect on the environment.
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Mitigation Measures Included in the Project to Avoid Potentially Significant Effects
MM AG-1: Prior to the issuance of grading or building permits, the Project proponent shall mitigate impacts for loss of up to 78 acres of Prime Farmland on the Project site at a 1:1 ratio.
The amount of land requiring mitigation shall correspond to the amount of land associated with the issuance of the grading or building permit, or for residential land associated with a subdivision map, the amount of land associated with the subdivision map. The Project proponent shall implement one or more of the following measures to mitigate the loss:
Payment of in-lieu fees, mitigation banks, fee title acquisition, and/or conservation easements on land(s) within the Southern San Joaquin Valley of California, specifically within Kern County, Tulare County, Kings County, Fresno County, or Madera County. The City shall require, at a minimum, evidence that the preserved land has an adequate water supply, agricultural zoning, evidence of land encumbrance documentation, documentation that the easement/regulations are permanent and monitored, and documentation that the mitigation strategy is appropriately endowed. This mitigation shall be verified by the City prior to issuance of grading or building permits. The Project proponent, at its election, may mitigate for the loss of agricultural land through compliance with the Agricultural Mitigation Program that is adopted by the City in lieu of mitigating on a 1:1 ratio.
MM AG-2: In order to reduce potential conflicts between urban and agricultural uses, the following measures shall be implemented:
a. Potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase/lease of property within the development. b. A Right-to-Farm Covenant shall be recorded on each residential tract map or be made a condition of each tract map to protect continued agricultural practices in the area. c. Potential residents shall be informed of the Right-to-Farm Covenant at the time of purchase/lease of property within the development.
MM BIO-1: Prior to the issuance of grading permits or ground disturbance, a preconstruction clearance survey of the Project footprint shall be conducted for special-status wildlife species and nesting migratory birds and raptors. The survey shall occur no less than 14 days prior to the start of construction activities. If construction is delayed beyond 30 days from the time of the survey or there is a lapse in construction of more than 30 days, then another survey shall be conducted. The survey shall be conducted by a biologist with adequate training and prior experience conducting surveys for special-status wildlife species. If no special-status species are observed, no further action is warranted. If dens or burrows that could support special-status species and/or nesting birds and raptors are discovered during the pre-construction survey, appropriate avoidance buffers shall be established. If no special-status species are observed on or near the Project site, no further surveys are required. A report outlining the results of the preconstruction survey shall be submitted to the lead agency as evidence of compliance.
MM BIO-2: If construction is planned during the nesting season for migratory birds (February 15 to August 31) and nesting birds are identified during the preconstruction 982
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survey, an active Swainson’s hawk nest shall be avoided by 0.5 miles, other raptor nests shall be avoided by 500 feet, and all other migratory bird nests shall be avoided by 250 feet.
Avoidance buffers may be reduced if a qualified biological monitor determines that encroachment into the buffer area is not affecting nest building, the rearing of young, or otherwise affecting the breeding behaviors of the resident birds. Because nesting birds can establish new nests or produce a second or even third clutch at any time during the nesting season, nesting bird surveys shall be repeated every 30 days as construction activities are occurring throughout the nesting season. If no nesting birds are observed on or near the Project site, no further surveys are required.
MM BIO-3: A Worker Environmental Awareness Program shall be developed and implemented for all personnel who could access the site prior to commencing any disturbance activities. The program shall consist of an on-site or center presentation that will describe the locations and types of sensitive plant, wildlife, and sensitive natural communities (collectively, “Biological Resources”) on and near the site, an overview of the laws and regulations governing the protection of Biological Resources, the reasons for protecting the Biological Resources, the specific protection and avoidance measures that are applicable to the site, and the identity of designated points of contact should questions or issues arise, including the qualified biologist. The program shall provide training to recognize, avoid, and report to applicable qualified biologists any Biological Resources on the site.
a. The Worker Environmental Awareness Program shall emphasize the need to avoid contact with on-site wildlife and avoid entry into areas where Biological Resources have been identified based on pre-disturbance field surveys, and to implement the buffer avoidance or other protection measures established by the United States Fish and Wildlife Service (USFWS) shall be identified by the California Department of Fish and Wildlife (CDFW) or required by the Biological Resource mitigation measures. The training shall emphasize the importance of not feeding or domesticating wildlife and the need to avoid any trash, micro-trash, or potential food waste on-site, except in animal-proof containers emptied daily, to avoid attracting or causing adverse impacts to special-status wildlife.
b. All on-site personnel must sign a statement verifying that they have completed the Worker Environmental Awareness Program and that they understand and agree to implement the biological requirements for the worksite. If signed employee statements are not available, documentation may be provided by Worker Environmental Awareness Program training records, which shall be kept by the applicant for a minimum of five years. Each applicant shall maintain a list of all persons who have completed the training program and shall provide the list to the County or to State and federal wildlife agency representatives upon request.
MM BIO-4: If protected or special-status species are identified on the Project site during preconstruction surveys, protective buffers shall be used, where effective in the opinion of the qualified biologist. These measures are created to avoid any unauthorized incidental take of these species and to minimize any incidental take. Protective buffers shall be delineated using brightly colored stakes and/or flagging or similar materials and remain until 983
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construction activities are complete, at which time of completion, the buffers must be removed. Protective buffers shall be established around active dens and/or burrows of special-status animal species or populations of special-status plant species to avoid unauthorized take of Protected Species as listed in the table below. The protective buffer distance shall be increased if required to avoid unauthorized incidental take of any Protected Species as determined by a qualified biologist. Protective buffer distances and other avoidance measures that may be implemented to avoid impacts to Protected Species or Sensitive Species must be consistent with the USFWS and/or the CDFW requirements and shall be implemented and overseen by a qualified biologist.
Disturbance Buffers for Sensitive Resources
Sensitive Resource Buffer Zone from Disturbance (feet)
Potential San Joaquin kit fox den 50
Known San Joaquin kit fox den 100
Natal San Joaquin kit fox den 500
Atypical San Joaquin kit fox den 50
Rodent burrows 50
Special-status bird species' active nests 500 feet to 0.5 miles, depending on species and sight line
American badger: Non-maternity dens 50
American badger: Maternity dens 200
MM BIO-5: If Project activities must occur during the Swainson’s hawk nesting season (February 15 to September 31), pre-activity surveys shall be conducted for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (CDFG, 2000). The surveys shall be conducted on the Project site plus a 0.5-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods prior to the start of construction. The survey shall be conducted in accordance with the methodology outlined in existing protocols and should be phased with the construction of the Project.
If no Swainson’s hawk nests are found, no further action is required.
MM BIO-6: If an active Swainson’s hawk nest is discovered at any time within 0.5 miles of active construction, a qualified biologist shall complete an assessment of the potential for current construction activities to impact the nest. The assessment shall consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to construction activities of this Project. Based on this assessment, the biologist shall determine if construction activities can proceed and the level of nest monitoring required. Construction activities shall not occur within 500 feet of an active nest, but depending upon conditions at the site, this distance may be reduced. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson’s hawks may be required. The qualified biologist shall have the authority to stop work if it is 984
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determined that Project construction is disturbing the nest. These buffers may need to be increased depending on the sensitivity of the nesting Swainson’s hawk to disturbances and at the discretion of the qualified biologist.
MM BIO-7: If burrows that could support the burrowing owl species are discovered during the pre-construction clearance survey conducted under MM BIO-1, the avoidance buffers outlined below shall be established, and burrow monitoring shall be conducted in accordance with the California Department of Fish and Game (CDFG) Staff Report on Burrowing Owl Mitigation (CDFG, 2012). No work would occur within these buffers. If occupied burrowing owl burrows cannot be avoided by the appropriate buffer below, an Incidental Take Permit (ITP) issued by the CDFW under the California Endangered Species Act (CESA) to authorize "take" that is incidental to an otherwise lawful activity, may be required before any work within the buffer.
Location Time of Year Level of Disturbance
Low Med High
Nesting sites April 1 -Aug 15 200 m* 500 m 500 m
Nesting sites Aug 16 – Oct 15 200 m 200 m 500 m
Nesting sites Oct 16- Mar 31 50 m 100 m 500 m
*Meters (m)
MM BIO-8: Occupied American badger dens detected during pre-disturbance surveys shall be flagged, and ground-disturbing activities shall be avoided within 50 feet of the den.
Maternity dens shall be avoided, and a minimum 200-foot buffer from disturbance shall be maintained during the pup-rearing season (February 15 through July 1). Maternity dens shall be avoided to the maximum extent feasible in the opinion of a qualified biologist. If an active maternity den is proposed to be disturbed, the qualified biologist shall consult with the CDFW to identify any appropriate additional minimization measures that the qualified biologist determines, with the wildlife agencies, can actually be implemented based on field conditions. All such measures shall be implemented for Project activities.
MM BIO-9: The following additional measures shall be implemented during construction to avoid and minimize potential significant adverse impacts to protected and sensitive species:
a. All vehicles shall observe a 15-mile-per-hour speed limit in all areas of disturbance and on unpaved roads unless otherwise posted. Off-road traffic outside of designated access routes is prohibited. Speed limit signs shall be posted in visible locations at the point of site entry and at regular intervals on all unpaved access roads. b. All disturbance activities, except emergency situations or drilling that may require continuous operations, shall only occur during daylight hours. Nighttime disturbance activity for drilling purposes shall use directed lighting and shielding methods and comply with applicable lighting mitigation measures.
c. All food-related trash items and all forms of micro trash, such as wrappers, cans, bottles, bottle tops, and food scraps, shall be disposed of in closed, animal-proof containers and removed daily from the site.
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d. Excavations, spoil piles, access roadways, and parking and staging areas shall be subject to dust control as set forth in the dust control mitigation measures. e. The use of herbicides for vegetation control shall be restricted to those approved by the USFWS and the CDFW. No rodenticides shall be used on any site unless approved by the USWFS and the CDFW, and shall observe label and other restrictions mandated by the United States Environmental Protection Agency, California Department of Food and Agriculture, and State and federal laws and regulations. For split estates, no herbicides for vegetation control may occur in Tier 2 areas without surface owner approval.
f. No plants or wildlife shall be collected, taken, or removed from the site or any adjacent locations except as necessary for Project-related vegetation removal or wildlife relocation by a qualified biologist and subject to all applicable permits and authorizations.
g. All open trenches or excavations shall be covered at the end of each workday to prevent wildlife entrapment. If an excavation is too large to cover, escape ramps shall be installed at an incline ratio of no greater than 2:1. All trenches and pipes shall be inspected for the presence of wildlife each day prior to the commencement of work. h. To enable San Joaquin kit foxes and other wildlife to pass through the Project site, any perimeter fencing shall include a four- to eight-inch opening between the fence mesh and the ground, or the fence shall be raised four inches above the ground except for blunt-nosed leopard lizard exclusion fencing. The bottom of the fence fabric shall be knuckled (wrapped back to form a smooth edge) to protect wildlife. i. All vertical tubes used in Project construction and chain link fencing poles shall be temporarily or permanently capped to avoid the entrapment and death of specialstatus wildlife and birds. All pipes 1.5 inches or greater in diameter stored overnight on a Project location must have end caps or other physical barriers that prevent wildlife from entering the pipe.
j. All dead or injured special-status wildlife shall be left in place and reported to the USFWS and the CDFW within 48 hours of discovery for rescue or salvage. Discovery of State or federal listed species that are injured or dead shall also be managed consistent with regulatory requirements, including being reported immediately via telephone and within 24 hours in writing, and with a copy to the lead agency. k. During pre-construction surveys, the qualified biologist shall delineate previously disturbed areas to be used by the applicant to minimize the amount of new disturbance.
l. No vehicles or construction equipment shall be parked within a wetland or waterbody/dry wash.
m. Tracked vehicles and other construction equipment must be washed or maintained to be weed-free prior to entering and working within areas of a new disturbance. n. All washing of trucks, paint, equipment, or similar activities should occur in areas where runoff is fully contained for collection and off-site disposal. Wash water may not be discharged from the site and shall be located at least 100 feet from any water body or sensitive Biological Resources.
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o. Locate all extra work areas (such as staging areas and additional spoil storage areas) at least 50 feet away from wetland boundaries or waterbody, except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land. p. All areas that must be avoided as a result of the pre-disturbance surveys and areas where new disturbance will occur shall be clearly delineated by fencing or staking and flagging and/or rope or cord.
q. No pets shall be allowed on any site.
r. No smoking may occur except in designated areas.
MM BIO-10: Prior to the issuance of any grading or building permit, the Project proponent/developer shall conduct a delineation of the Tulare Irrigation Canal and prepare an Aquatic Resources Delineation Report (ARDR). The ARDR shall be submitted with a formal notification to the US Army Corps of Engineers (ACOE), Water Resources Control Board (SWRCB), and California Department of Fish and Wildlife (CDFW). If no comments or requests for additional permitting are received by the agencies, no further action is necessary. A copy of all correspondence shall be submitted to the lead agency.
If a regulatory agency comments or requests additional permitting, the following actions may be taken. A copy of all correspondence and subsequent permitting and/or reports shall be made available to the Lead Agency. The report shall include information as shown below, as a plan if necessary, and shall outline compliance with the following:
a. Delineation of all jurisdictional features at the project site. Potential jurisdictional features within the project boundary identified in the jurisdictional delineation report may be shown in plan form.
b. If the Project has a potential to directly or indirectly impact jurisdictional aquatic resources, a formal aquatic resource delineation of these areas shall be performed by a qualified professional to determine the extent of agency jurisdiction and permits/authorizations from the appropriate regulating agencies (Central Valley Regional Water Quality Control Board (RWQCB), CDFW and US Army Corps of Engineers (USACE) shall be obtained prior to disturbance to jurisdictional features.
If it is determined that drainage is jurisdictional and cannot be avoided, the Project proponent shall obtain a Section 401 Water Quality Certification from the RWQCB, a Section 404 permit from USACE, and a Lake and Streambed Alteration Agreement under Section 1602 from the CDFW, if required, prior to impacting any waters.
As part of these authorizations, compensatory mitigation may be required by the regulating agencies to offset the loss of aquatic resources. If so, and as part of the permit application process, a qualified professional shall draft a Mitigation and Monitoring Plan to address implementation and monitoring requirements under the permit to ensure that the Project would result in no net loss of habitat functions and values. The Plan shall contain, at a minimum, mitigation goals and objectives, mitigation location, a discussion of actions to be implemented to mitigate the impact, monitoring methods and performance criteria, extent of monitoring to be conducted, actions to be taken in the event that the mitigation is not successful, and reporting requirements. The Plan shall be approved by the appropriate regulating agencies, and 987
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compensatory mitigation shall take place either on-site or at an appropriate off-site location.
c. Any material/spoils generated from project activities containing hazardous materials shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls, covers, sand/gravel bags, and straw bale barriers, as appropriate. Protection measures should follow project-specific criteria as developed in a Stormwater Pollution Prevention and Protection Plan (SWPPP). d. Equipment containing hazardous liquid materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and at least 50 feet outside the delineated boundary of jurisdictional water features.
e. Any spillage of material shall be stopped if it can be done safely. The contaminated area shall be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative shall be notified.
MM CUL-1: In the event that prehistoric or historic-period archaeological resources are encountered during construction in connection with an individual-specific development proposal, all construction activities associated therewith within 100 feet of the find shall halt, and the City of Visalia and an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology shall be notified by the relevant applicant. Prehistoric archaeological materials may include obsidian and chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; stone milling equipment (e.g., mortars, pestles, hand stones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse.
The Archaeologist shall inspect the findings within 24 hours of discovery or as soon thereafter as is reasonable and commercially practicable. If it is determined that the construction associated with the subject individual-specific development proposal could significantly damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place. If avoidance is not feasible, a qualified Archaeologist shall prepare, and the relevant applicant shall implement a detailed treatment plan in consultation with the City of Visalia. Treatment of unique archaeological resources shall follow the applicable requirements of Public Resources Code Section 21083.2. Treatment for most resources would consist of (but would not be limited to) sample excavation, artifact collection, site documentation, and historical research, with the aim to target the recovery of important scientific data contained in the portion(s) of the significant resource to be impacted by the proposed Project. The treatment plan shall include provisions for analysis of data in a regional context, reporting of results within a timely manner, curation of artifacts 988
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and data at an approved facility, and dissemination of reports to local and State repositories, libraries, and interested professionals.
MM CUL-2: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication outlined by the NAHC, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction of the County Coroner.
MM GEO-1: If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.
If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated. Construction in that area shall not resume until the resource-appropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the Lead Agency.
MM HAZ-1: In the event that unknown underground storage tank(s) or a septic system are uncovered or damaged during excavation or grading activities, all work in that area shall cease. The State Water Resources Control Board (SWRCB) and the Tulare County Environmental Health Division shall be contacted to determine what appropriate remediation may be required and to identify the appropriate requirements and approvals.
A report of all communication and the determination made by the SWRCB and the County Health Division shall be submitted to the City.
MM TRA-1: Prior to the issuance of building permits, the Project applicant/developer responsible for the construction of the Single-Family Residential Development will pay their pro-rate fair share percentage of 3.1 percent.
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MM TRA-2: Prior to the issuance of building permits, the Project applicant/developer responsible for the construction of the Multi-Family Residential Development will pay their pro-rata fair share percentage of 2.4 percent. If at the time of development of the MultiFamily phase the unit count is less than 375, the developer may submit a revised TIA showing the appropriate pro-rate fair share percentage for the reduced number of units. 990
Introduction
Clements Ranch TTM No. 5606 May 2026
City of Visalia Page 1-1
SECTION 1 - INTRODUCTION
1.1 - Overview
The proposed Project will develop a mixed-use residential subdivision (TTM 5606) on an approximately 78-acre site with a total of approximately 662 units (370 multi-family highdensity units, 153 single-family medium-density units in a gated community with a Homeowners Association (HOA), and 139 single-family low-density units in a non-gated community) in an area of unincorporated Tulare County, southeast of the City of Visalia (City), adjacent to the City limits. The Project will require the approval of a Tentative Subdivision Map, General Plan Amendment (GPA), Annexation, Prezone, and a Conditional Use Permit (CUP) to allow for a Planned Unit Development (PUD). Figure 2-1 is a map of the regional location, Figure 2-2 shows the Project site location in relation to the City limits and Sphere of Influence (SOI), and Figure 2-3 shows the Project site location. Figure 2-4 shows the residential area site plan.
1.2 - California Environmental Quality Act
The City of Visalia is the Lead Agency for this Project pursuant to the CEQA Guidelines (Public Resources Code Section 15000 et seq.). The Environmental Checklist (CEQA Guidelines Appendix G) or Initial Study (IS) (see Section 3 – Initial Study) provides analysis that examines the potential environmental effects of the construction and operation of the Project. Section 15063 of the CEQA Guidelines requires the Lead Agency to prepare an IS to determine whether a discretionary project will have a significant effect on the environment.
A Mitigated Negative Declaration (MND) is appropriate when an IS has been prepared, and a determination can be made that no significant environmental effects will occur because revisions to the Project have been made or mitigation measures will be implemented that reduce all potentially significant impacts to less-than-significant levels. The content of an MND is the same as a Negative Declaration, with the addition of identified mitigation measures and a Mitigation Monitoring and Reporting Program (MMRP) (see Section 6 – Mitigation Monitoring and Reporting Program).
Based on the IS, the Lead Agency has determined that the environmental review for the proposed application can be completed with an MND.
1.3 - Impact Terminology
The following terminology is used to describe the level of significance of impacts. • A finding of “no impact” is appropriate if the analysis concludes that the Project would not affect a topic area in any way.
• An impact is considered “less than significant” if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. • An impact is considered “less than significant with mitigation incorporated” if the analysis concludes that it would cause no substantial adverse change to the 991
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environment with the inclusion of environmental commitments that have been agreed to by the applicant.
• An impact is considered “potentially significant” if the analysis concludes that it could have a substantial adverse effect on the environment.
1.4 - Document Organization and Contents
The content and format of this IS/MND are designed to meet the requirements of CEQA. The report contains the following sections:
• Section 1 – Introduction: This section provides an overview of CEQA requirements, intended uses of the IS/MND, document organization, and a list of regulations that have been incorporated by reference.
• Section 2– Project Description: This section describes the Project and provides data on the site’s location.
• Section 3 – Environmental Checklist: This section contains the evaluation of 21 different environmental resource factors contained in Appendix G of the CEQA Guidelines. Each environmental resource factor is analyzed to determine whether the proposed Project would have an impact. One of four findings is made, which include:
no impact, less-than-significant impact, less than significant with mitigation, or significant and unavoidable. If the evaluation results in a finding of significant and unavoidable impacts for any of the 21 environmental resource factors, then an Environmental Impact Report (EIR) will be required.
• Section 4 – List of Preparers: This section identifies the individuals who prepared the IS/MND.
• Section 5 – References: This section contains a full list of references that were used in the preparation of this IS/MND.
• Section 6 – Mitigation Monitoring and Reporting Program: This section contains the Mitigation Monitoring and Reporting Program.
1.5 - Incorporated by Reference
The following documents and/or regulations are incorporated into this IS/MND by reference:
• City of Visalia General Plan Update (2014)
• City of Visalia Draft Environmental Impact Report (2014) • City of Visalia 2023-2031 Housing Element Update (2024) • City of Visalia Climate Action Plan (2013)
• City of Visalia Waterway & Trail Master Plan (2010)
• City of Visalia Municipal Code
• Tulare County Comprehensive Airport Land Use Plan (2012) • Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (2023) 992
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SECTION 2 - PROJECT DESCRIPTION
2.1 - Introduction
The proposed Project is to develop a mixed-use residential subdivision (TTM 5606) on an approximately 78-acre site with a total of approximately 662 units on property within unincorporated Tulare County, southeast of the City of Visalia (City), adjacent to the City limits. The Project will require the approval of an Annexation, Tentative Subdivision Map, General Plan Amendment (GPA), Prezone, and a Conditional Use Permit (CUP) to allow for a Planned Unit Development (PUD).
Figure 2-1 shows the regional location, Figure 2-2 shows the Project site location in relation to the City limits and Sphere of Influence (SOI), and Figure 2-3 shows the Project site location. Figure 2-4 is TTM 5606.
2.2 - Project Location
The Project site is located within an area of unincorporated Tulare County, southeast of the City of Visalia (City), adjacent to the City limits. The site consists of two separate Assessor Parcel Numbers (APNs), 127-020-20 and 127-020-21, with a combined approximately 78 acres of land. The Project site area is within the City’s Sphere of Influence (SOI) and Urban Development Boundary (UDB) – Tier II. The site is currently zoned AE-20 (Exclusive Agriculture, 20-acre minimum) by Tulare County and designated as Residential Low, Residential Medium, Residential High Density, and Conservation by the City General Plan.
The Project is within Section 3, Township 19S, Range 25E, Mount Diablo Base and Meridian (MDB&M), of the Visalia U.S. Geological Survey (USGS) Quad Map. The site is generally bound by Union Pacific Railroad to the north, Road 148 to the east, East Caldwell Avenue (Avenue 280) to the south, and South Lovers Lane (Road 140) to the west. The surrounding land uses are generally agricultural land to the north, east, and south, and mixed-density residential tracts to the west.
2.3 - Surrounding Land Uses
Surrounding land uses include agricultural development to the north and east, agriculture and single-family residential to the south, and multi-family and single-family residential to the west.
2.4 - Proposed Project
The Project site consists of approximately 370 multi-family high-density units, 153 singlefamily medium-density units in a gated community with a Homeowners Association (HOA), and 139 single-family low-density units in a non-gated community, for a total of approximately 662 units.
The Project site area will have three phases of buildout:
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• TD 1 – Phase 1: Development of lots 1-78, outlots A-E, G-I, and L, Sunnyside Avenue and Streets A, B, E, and C
• TD 1 – Phase 2: Development of lots 140-158, 197-231, 252-265, 286-292, and outlots O and P
• TD 2 – Phase 1: Development of lots 79-189, outlots F, J-K, and Streets A, C, E-H • TD 2 – Phase 2: Development of lots 159-196, 232-251, 266-285, and outlots Q, R, and T
There is no proposed development of the multi-family units at this time; however, this area is considered Phase 3.
On- and off-site improvements include circulation roads, interior local streets, curbs, gutters, sound barriers, sidewalks, streetlights, neighborhood connections to walking trail, open spaces, landscaping, a water well to be maintained by the City of Visalia, and stormwater basins. All streets are to be offered for dedication for public street purposes. All residential units will be equipped with 450-watt solar panels, utilize all electric appliances, and will be EV-ready (pre-wired during construction to allow for installation of an EV residential charger in the future). The multi-family portion of the Project will realign and underground the Tulare Irrigation Canal.
Outlots will be utilized and dedicated as follows:
• Outlots A, B, E, F, and J-L: Dedicated to the City of Visalia for open space, pedestrian, and public landscaping
• Outlots D and H: Dedicated to the City of Visalia for trail purposes • Outlot C: For a water well that will be maintained by the City of Visalia • Outlot G: Stormwater basin to be dedicated to the City of Visalia • Outlot I: Dedicated to Tulare County Irrigation District • Outlots M-R and T: Maintained by private HOA
• Outlot S: To be deeded to Southern California Edison (SCE) Water will be provided by the California Water Service Company, and sewer will be provided by the City.
Discretionary Actions:
The following discretionary actions are required for the Project:
• Annexation into the City of Visalia (Annexation No. 2025-02) • Annexation approval by Tulare County Local Agency Formation Commission (LAFCo) • General Plan Amendment (GPA No. 2025-04) to modify existing General Plan designations to optimize the residential development on the parcel and amend Figure 4-1 of the Circulation Element
• Prezone to R-1-5 (Single-Family Residential), R-M-2 (Medium-Density Multi-Family Residential), R-M-3 (Multi-Family Residential) and QP (Quasi-Public) • Tentative Tract Map No. 5606
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• Conditional Use Permit (CUP) for a Planned Unit Development (PUD) (CUP No. 2025- 24)
The Project site would be prezoned as R-1-5, R-M-2, R-M-3, and QP. The General Plan Amendment would modify the existing General Plan designations to optimize the residential development on the parcel and amend the Visalia Circulation Element to remove the “K” Avenue new one-mile-long, two-lane collector from Lovers Lane to Road 248, as referenced in Figure 4-1 Roadway Classifications and Table 4-5 Planned Circulation Improvements of the City’s General Plan. There is an SCE substation approximately 0.50 miles east of the Project site that would not allow for the extension of “K” Avenue. A new Sunnyside Avenue, one-mile-long, two-lane collector from the Lovers Lane/Sunnyside Avenue intersection to Road 248, is to be added to Figure 4-1 and Table 4-5. The CUP/PUD will allow certain deviations of the Visalia Municipal Code standards to develop single-family homes within the Medium-Density land use/R-M-2 designation, allow for reduced setbacks, street sizes, and parcel sizes for the medium-density parcels.
Construction:
Construction of the residential development would occur over a maximum of 18 to 24 months. It is anticipated that the following pieces of equipment would be used during construction activities:
• Roller
• Loaded trucks
• Excavator
• Generator
• Service truck
• Air compressor
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Figure 2-1
Regional Location
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Clements Ranch TTM No. 5606 May 2026
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Figure 2-2
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City of Visalia Page 2-6
Figure 2-3 IV Project Site Location
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Figure 2-4
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Figure 2-5
Existing Land Use Designations
E KAVE 0 600 Feet
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- Conservation D Residential Medium Density
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Figure 2-6
Proposed Land Use Designations
E K AVE
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c:J Residential Low Density - Conservation
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- Residential High Density Parks/Recreation
- Conservation D Public/Institutional
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c:J Commercial Mixed use D Residential Medium Density
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1001
Project Description
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City of Visalia Page 2-10
Figure 2-7
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Project Description
Clements Ranch TTM No. 5606 May 2026
City of Visalia Page 2-11
Figure 2-8
Proposed Zoning
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- RM2: Multi-Family Residential
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County of Tulare Zoning
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1003
Initial Study
Clements Ranch TTM No. 5606 May 2026
City of Visalia Page 3-1
SECTION 3 - INITIAL STUDY
3.1 - Environmental Checklist
1. Project Title:
Clements Ranch Tentative Tract Map No. 5606
2. Lead Agency Name and Address:
City of Visalia, Planning and Community Preservation Department 315 East Acequia Avenue
Visalia, California 93291
3. Contact Person and Phone Number:
City of Visalia, Planning and Community Preservation Department 315 East Acequia Avenue
Visalia, CA 93291
Contact Person: Jarred Olsen, AICP, Principal Planner
Phone : (559) 713-4449
4. Project Location:
The Project site is located within an area of unincorporated Tulare County, southeast of the City of Visalia (City), adjacent to the City limits. The site consists of two separate Assessor Parcel Numbers (APNs), 127-020-20 and 127-020-21, with a combined approximately 78 acres of land. The Project site area is within the City’s Sphere of Influence (SOI) and Urban Development Boundary (UDB) – Tier II. The site is currently zoned AE-20 (Exclusive Agriculture, 20-acre minimum) by Tulare County and designated as Residential Low, Residential Medium, Residential High Density, and Conservation by the City General Plan.
The Project is within Section 3, Township 19S, Range 25E, Mount Diablo Base and Meridian (MDB&M), of the Visalia U.S. Geological Survey (USGS) Quad Map. The site is generally bound by Union Pacific Railroad to the north, Road 148 to the east, East Caldwell Avenue (Avenue 280) to the south, and South Lovers Lane (Road 140) to the west. The surrounding land uses are generally agricultural land to the north, east, and south, and mixed-density residential tracts to the west.
5. Project Sponsor's Name and Address:
D.R. Horton
Corine Demetreos
419 W. Murray
Visalia, CA 93291
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6. General Plan Designation:
Existing: City of Visalia
• Residential High Density
• Residential Medium Density
• Residential Low Density
• Conservation – Designated on Cameron Creek
Proposed: City of Visalia
• Residential High Density – Approximately 21.80 acres
• Residential Medium Density – Approximately 15.30 acres • Residential Low Density – Approximately 30.90 acres
• Conservation – Designated along Cameron Creek – No change
7. Zoning:
Existing: Tulare County – AE-20 (Exclusive Agricultural Zone – 20 Acre Minimum) Proposed Prezoning: City of Visalia
• R-1-5 (Single-Family Residential) – Approximately 30.90 acres • R-M-2 (Medium Density Multi-Family Residential)- 27.58 acres • R-M-3 (Multi-Family Residential) – Approximately 31.80 acres • QP (Quasi-Public) – Approximately 12.19 acres
8. Description of Project:
The Project site consists of approximately 370 multi-family high-density units, 153 single-family medium-density units in a gated community with a Homeowners Association (HOA), and 139 single-family low-density units in a non-gated community, for a total of approximately 662 units.
The Project site area will have three phases of buildout:
• TD 1 – Phase 1: Development of lots 1-78, outlots A-E, G-I, and L, Sunnyside Avenue and Streets A, B, E, and C
• TD 1 – Phase 2: Development of lots 140-158, 197-231, 252-265, 286-292, and outlots O and P
• TD 2 – Phase 1: Development of lots 79-189, outlots F, J-K, and Streets A, C, E-H • TD 2 – Phase 2: Development of lots 159-196, 232-251, 266-285, and outlots Q, R, and T
There is no proposed development of the multi-family units at this time; however, this area is considered Phase 3.
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On- and off-site improvements include circulation roads, interior local streets, curbs, gutters, sound barriers, sidewalks, streetlights, neighborhood connections to walking trail, open spaces, landscaping, a water well to be maintained by the City of Visalia, and stormwater basins. All streets are to be offered for dedication for public street purposes.
All residential units will be equipped with 450-watt solar panels, utilize all electric appliances, and will be EV-ready (pre-wired during construction to allow for installation of an EV residential charger in the future). The multi-family portion of the Project will realign and underground the Tulare Irrigation Canal.
Outlots will be utilized and dedicated as follows:
• Outlots A, B, E, F, and J-L: Dedicated to the City of Visalia for open space, pedestrian, and public landscaping
• Outlots D and H: Dedicated to the City of Visalia for trail purposes • Outlot C: For a water well that will be maintained by the City of Visalia • Outlot G: Stormwater basin to be dedicated to the City of Visalia • Outlot I: Dedicated to Tulare County Irrigation District • Outlots M-R and T: Maintained by private HOA
• Outlot S: To be deeded to Southern California Edison (SCE) Water will be provided by the California Water Service Company, and sewer will be provided by the City.
Discretionary Actions:
The following discretionary actions are required for the Project:
• Annexation into the City of Visalia (Annexation No. 2025-02) • Annexation approval by Tulare County Local Agency Formation Commission (LAFCo) • General Plan Amendment (GPA No. 2025-04) to modify existing General Plan designations to optimize the residential development on the parcel and amend Figure 4-1 of the Circulation Element
• Prezone to R-1-5 (Single-Family Residential), R-M-2 (Medium-Density Multi-Family Residential), R-M-3 (Multi-Family Residential) and QP (Quasi-Public) • Tentative Tract Map No. 5606
• Conditional Use Permit (CUP) for a Planned Unit Development (PUD) (CUP No. 2025- 24)
The Project site would be prezoned as R-1-5, R-M-2, R-M-3, and QP. The General Plan Amendment would modify the existing General Plan designations to optimize the residential development on the parcel and amend the Visalia Circulation Element to remove the “K” Avenue new one-mile-long, two-lane collector from Lovers Lane to Road 248, as referenced in Figure 4-1 Roadway Classifications and Table 4-5 Planned Circulation Improvements of the City’s General Plan. There is an SCE substation approximately 0.50 miles east of the Project site that would not allow for the extension of “K” Avenue. A new Sunnyside Avenue, one-mile-long, two-lane collector from the 1006
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Lovers Lane/Sunnyside Avenue intersection to Road 248, is to be added to Figure 4-1 and Table 4-5. The CUP/PUD will allow certain deviations of the Visalia Municipal Code standards to develop single-family homes within the Medium-Density land use/R-M-2 designation, allow for reduced setbacks, street sizes, and parcel sizes for the mediumdensity parcels.
Construction:
Construction of the residential development would occur over a maximum of 18 to 24 months. It is anticipated that the following pieces of equipment would be used during construction activities:
• Roller
• Loaded trucks
• Excavator
• Generator
• Service truck
• Air compressor
9. Surrounding Land Uses and Setting:
Surrounding land uses include agricultural development to the north and east, agriculture and single-family residential to the south, and multi-family and single-family residential to the west.
10. Other Public Agencies Whose Approval is Required:
• Tulare County LAFCo
• San Joaquin Valley Air Pollution Control District (SJVAPCD)
11. Have California Native American tribes traditionally and culturally affiliated with the Project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
On September 26, 2025, pursuant to Public Resources Code Section 21080.3.1 and Government Code Section 65300 et seq, Senate Bill 18 and Assembly Bill 52, letters were sent to each of the Native American tribes within the geographic area as identified by the Native American Heritage Commission (NAHC) (see Appendix C). The letters included a Project description and location maps. Tribal consultation under AB 52 and SB 18 closed on December 31, 2025.
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the potential for delay and conflict in the environmental review process. (See Public Resources Code Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code Section 21082.3(c) contains provisions specific to confidentiality.
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3.2 - Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas
Emissions
Hazards and Hazardous
Materials
Hydrology and Water
Quality
Land Use and Planning Mineral Resources
Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities and Service
Systems
Wildfire Mandatory Findings of
Significance
3.3 - Determination
On the basis of this initial evaluation:
I find that the proposed Project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed Project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (a) has been adequately analyzed in an earlier document pursuant to applicable legal standards and (b) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENT IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. □
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I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.
Signature Date
Jarred Olsen Principal Planner
Printed Name Title
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May 7, 2026
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3.4 - Evaluation of Environmental Impacts
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a projectspecific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there is one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less-Than-Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less-thansignificant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
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6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a. The significance criteria or threshold, if any, used to evaluate each question. b. The mitigation measure identified, if any, to reduce the impact to less than significance.
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Discussion
Impact #3.4.1a – Except as provided in Public Resources Code Section 21099, would the Project have a substantial adverse effect on a scenic vista? A scenic vista is defined as a viewpoint that provides expansive views of highly valued landscape for the benefit of the general public. The General Plan Draft EIR discusses views of the Sierra Nevada range, agricultural lands beyond the edges of the City, Valley Oak trees, and waterways as scenic resources in Visalia (City of Visalia, 2014b).
Views of the Sierra Nevada range are variable and dependent on weather and air quality conditions for the mountain range to be visible. The Project site is currently a mix of row crops and orchards, with no oak trees present. The Project would not substantially impede these existing views of the mountains from adjacent viewpoints because of the low-profile nature of the development and because of the lack of existing urban development adjacent to the site that currently has views of the mountains. The City of Visalia does not identify views of these features as required to be “protected.” Therefore, the Project has a less-thansignificant impact on scenic vistas.
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.1 - AESTHETICS
Except as provided in Public Resources Code Section 21099, would the Project:
a. Have a substantial adverse effect on a scenic
vista?
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings and historic buildings within a
state scenic highway?
c. In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the Project is in an
urbanized area, would the Project conflict
with applicable zoning and other regulations
governing scenic quality?
d. Create a new source of substantial light or
glare that would adversely affect day or
nighttime views in the area?
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MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.1b - Except as provided in Public Resources Code Section 21099, would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a state scenic highway? See discussion in Impact #3.4.1a.
State Route (SR) 198 is designated as an eligible State Scenic Highway; however, it has not been adopted as a State Scenic Highway at this time. While the City has not requested official designation, it has evaluated the corridor in the Scenic Highways Element of the existing General Plan and has taken steps to preserve and enhance the corridor’s scenic quality (City of Visalia, 2014a). Additionally, it is approximately 1.50 miles north of the Project site and not visible from that roadway. Therefore, there will be no impacts related to a scenic highway.
The Project contains no native trees, rock outcroppings, or historic buildings. Therefore, Project impacts would be less than significant.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.1c - Except as provided in Public Resources Code Section 21099, would the Project in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? As previously mentioned, the Project site area is within the City’s Urban Development Boundary (UDB) – Tier II, currently zoned AE-20 (Exclusive Agriculture, 20-acre minimum) by Tulare County and designated as Residential Low, Residential Medium, Residential High Density, and Conservation by the City General Plan. The Project site is directly adjacent to an urbanized area, within the City’s UDB, and as such, would be considered urbanized. Once the General Plan Amendment and Planned Unit Development are approved, the Project would be consistent with the applicable pre-zoning district regulations [R-1-5 (Single-Family 1014
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Residential), R-M-2 (Medium Density Multi-Family Residential), R-M-3 (Multi-family Residential), and QP (Quasi-Public)].
Furthermore, the Project design is subject to the City’s Design Guidelines adopted for the City’s General Plan that apply to site layout, building design, landscaping, interior street design, lighting, parking, and signage. Detailed architectural plans, color palettes, and building materials, as well as landscaping plans, will be submitted by the Project developer to the City of Visalia Planning and Community Preservation Department. The plans shall be required prior to the issuance of any building permits. In addition, landscaping easements will run along the trails and some roadways, and additional landscaping design will accompany the park spaces and bicycle and pedestrian use trails.
As discussed, the Project site is located within an urbanized area and is consistent with the pre-zoning district regulations and other regulations governing scenic quality. Therefore, the Project would have a less-than-significant impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.1d - Except as provided in Public Resources Code Section 21099, would the Project create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
Nighttime lighting is necessary to provide and maintain safe, secure, and attractive environments; however, these lights have the potential to produce spillover light and glare and waste energy, and if designed incorrectly, could be considered unattractive. Light that falls beyond the intended area is referred to as “light trespass.” Types of light trespass include spillover light and glare. Minimizing all these forms of obtrusive light is an important environmental consideration. A less obtrusive and well-designed energy-efficient fixture would face downward, emit the correct intensity of light for the use, and incorporate energy timers.
According to the General Plan, the construction of new buildings may result in nighttime light pollution or daytime glare, but identifies construction impacts as likely insignificant as a result of development. Municipal Code Section 8.36.050(C) prohibits construction equipment from operating between the weekday hours of 7:00 p.m. and 6:00 a.m. and between the weekend hours of 7:00 p.m. and 9:00 a.m., thereby reducing any potential light and glare impacts resulting from any construction activities that could occur. Section
17.30.015.G of the Visalia Zoning Ordinance regulates that no on-site lighting should directly or indirectly illuminate adjacent properties or the public street that provides access, and that the light and standards to be used will be approved by a Site Plan Review. 1015
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The Project site is located in an area that is becoming increasingly urbanized and is subject to pre-existing exterior lighting from surrounding developments and existing street lighting.
The proposed Project would introduce new sources of light and glare to the area in the form of street lighting, nighttime vehicle lights, windows, and porch lights. However, new sources of light and glare associated with the Project would not be substantial in the context of existing lighting sources in the Project vicinity.
Development under the General Plan would include indoor lighting and outdoor lighting for safety purposes, but would generally not be out of character with the existing urban environment and would not rise to a level of being significant. The resulting light and glare produced by the Project would be similar to existing conditions. In addition, daytime glare would not be substantial because no highly reflective glass elements or building materials are proposed as part of the Project. During the entitlement process, the Project will be required to comply with the City’s policies pertaining to light and glare, and City staff will review lighting plans to ensure that lighting plans will minimize spill-over light on neighboring properties. Compliance with California Building Code (Title 24, California Code of Regulations) standards and City development codes would address light and glare impacts to day- and night-time views resulting from the construction of the proposed Project.
Therefore, with the Project’s compliance with Municipal Code standards and General Plan policies for site lighting, the Project will have a less-than-significant impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
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Discussion
Impact #3.4.2a – Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? CEQA uses the California Department of Conservation Division of Land Resource Protection’s Farmland Mapping and Monitoring Program (FMMP) categories of “Prime Farmland,”
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.2 - AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation, as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project:
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural
use or a Williamson Act Contract?
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
d. Result in the loss of forest land or conversion
of forest land to non-forest use?
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
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“Farmland of Statewide Importance,” and “Unique Farmland” to define “agricultural land” for the purposes of assessing environmental impacts (Public Resources Code Section 21060.1[a]). According to the California Department of Conservation (DOC) Important Farmland Finder, the entire Project site is classified as Prime Farmland (California Department of Conservation, 2022).
The Project site is currently within the boundaries of unincorporated Tulare County, and the Project is requesting the approval of annexation into the Visalia City boundaries for residential development. The site is currently under active agricultural cultivation.
The Project is within the City’s SOI and is within the UDB Tier II, which has been deemed as land to be converted from agricultural land to urban development by the City’s General Plan.
Once annexed, the Project would convert 78 acres of Prime Farmland to a non-agricultural land use. According to the City’s Draft EIR, there are 33,991 acres of Prime Farmland within the General Plan Planning Area, and at full buildout of the General Plan, there will be 21,501 acres of Prime Farmland (City of Visalia, 2014b). Given this, the Project would account for a
0.22 percent reduction in Prime Farmland under City jurisdiction.
The City’s Agricultural Land Preservation Program (Visalia Municipal Code 18.04.060), established through City Ordinance No. 2023-02, was created to implement Visalia General Plan Land Use Policy LU-P-34 and applies to projects within the UDB Tiers II and III. The intent of the Agricultural Land Preservation Program is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of this section. Because the Project includes more than 20 acres of converted important farmland, in-lieu payment of fees is not an available option to compensate for this loss. The Ordinance will require that an equivalent amount of agricultural land converted be preserved outside the urban development boundary and within the southern San Joaquin Valley, or that a project comply with regulations within the Ordinance that will cause an equivalent amount of agricultural land to be preserved. Additionally, the preserved agricultural land must demonstrate adequate water supply and agricultural zoning. Policy LU-P-34 notes that such a program shall, to the extent feasible and practicable, be integrated with the agricultural easement programs adopted by Tulare County and nearby cities.
Therefore, to ensure compliance with the applicable standards of Ordinance No. 2023-02, Mitigation Measure AG-1 has been incorporated, which will require Project compliance prior to the issuance of grading permits. Furthermore, implementation of this Project will support LU-P-21 and the General Plan designation for residential development. LU-P-20 states that residential development can occur in Tier II after 5,850 residential building permits have been issued. According to the most recent Housing Element, there was a total of 4,820 building permits (4,396 single-family dwellings and 424 multi-family units) issued as of 2019 (City of Visalia, 2024). The Project would be reviewed by City staff to ensure compliance with this General Plan policy prior to development. Therefore, with implementation of Mitigation Measure AG-1, the impacts of the Project would be less than significant.
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MITIGATION MEASURE(S)
MM AG-1: Prior to the issuance of grading or building permits, the Project proponent shall mitigate impacts for loss of up to 78 acres of Prime Farmland on the Project site at a 1:1 ratio.
The amount of land requiring mitigation shall correspond to the amount of land associated with the issuance of the grading or building permit, or for residential land associated with a subdivision map, the amount of land associated with the subdivision map. The Project proponent shall implement one or more of the following measures to mitigate the loss:
Payment of in-lieu fees, mitigation banks, fee title acquisition, and/or conservation easements on land(s) within the Southern San Joaquin Valley of California, specifically within Kern County, Tulare County, Kings County, Fresno County, or Madera County. The City shall require, at a minimum, evidence that the preserved land has an adequate water supply, agricultural zoning, evidence of land encumbrance documentation, documentation that the easement/regulations are permanent and monitored, and documentation that the mitigation strategy is appropriately endowed. This mitigation shall be verified by the City prior to issuance of grading or building permits. The Project proponent, at its election, may mitigate for the loss of agricultural land through compliance with the Agricultural Mitigation Program that is adopted by the City in lieu of mitigating on a 1:1 ratio.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated.
Impact #3.4.2b – Would the Project conflict with existing zoning for agricultural use or a Williamson Act Contract?
See Impact #3.4.2a, above. The Project site is not subject to the existing Williamson Act Land Use contract pursuant to Government Code Section 51200 et seq. Therefore, there would be no conflict with a Williamson Act contract, and as such, the Project would have no impacts related to this subject area.
The County of Tulare currently classifies the Project site as being within the AE-20(Exclusive Agricultural, 20-acre minimum) zone district and has a General Plan designation of Low-, Medium-, and High-Density Residential and Conservation designated by the City. The Project proposes to annex into the City limits and pre-zone with two residential zoning districts (R1-5 and R-M-3) for low-, medium-, and high-density residential uses. Therefore, approval of the proposed Project would remedy any conflict with the existing County agricultural zoning.
However, in order to ensure that existing agricultural operations in the area can be maintained, a Right-to-Farm Covenant will be required, as identified in MM AG-2. After implementation of the recommended mitigation, the impact is determined to be less than significant.
MITIGATION MEASURE(S)
MM AG-2: In order to reduce potential conflicts between urban and agricultural uses, the following measures shall be implemented:
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a. Potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase/lease of property within the development. b. A Right-to-Farm Covenant shall be recorded on each residential tract map or be made a condition of each tract map to protect continued agricultural practices in the area. c. Potential residents shall be informed of the Right-to-Farm Covenant at the time of purchase/lease of property within the development.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated.
Impact #3.4.2c – Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
Public Resources Code Section 12220(g) defines forest land as land that can support 10- percent native tree cover of any species, including hardwoods, under natural conditions and that allows for the management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. Public Resources Code Section 4526 defines timberland as land other than land owned by the federal government and land designated by the board as experimental forest land, which is available for and capable of growing a crop of trees of a commercial species used to produce lumber and other forest products. Government Code Section 51104 defines timberland zoned Timberland Production as an area that has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses.
The Project site is currently developed with row crop and orchard cultivation and does not contain any trees, so it is not considered forest land or timberland. The proposed Project will not conflict with any forest land or timberland production or result in any loss of forest land.
Therefore, the Project will have no impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
There would be no impact.
Impact #3.4.2d – Would the Project result in the loss of forest land or conversion of forest land to non-forest use?
As discussed, Impact #3.4.2c, the Project area does not include forest land. Therefore, there would not be loss or conversion of forest land as a result of the Project. The Project would have no impact.
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MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
There would be no impact.
Impact #3.4.2e – Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
See discussion in Impact #3.4.2a and #3.4.2b.
The proposed Project site is located in an area that is surrounded by agricultural uses to the north, east, and south, and low-density and high-density residential uses to the west. As previously noted, the Project site is within the City’s UDB – Tier II, currently zoned AE-20 (Exclusive Agriculture, 20-acre minimum) by Tulare County and designated as Residential Low, Residential Medium, Residential High Density, and Conservation by the General Plan.
As mentioned in Impact #3.4.2a, once annexed, the Project would convert 78 acres of Prime Farmland to a non-agricultural land use, which would account for a 0.22 percent reduction in Prime Farmland expected under the City’s General Plan at buildout of the Plan. As discussed in Impact #3.4.2a, the Project is required to adhere to requirements of the City’s Agricultural Land Preservation Program (Ordinance No. 2023-02), which would require, prior to the issuance of grading or building permits, the Project proponent shall mitigate impacts for loss of up to 78 acres of Prime Farmland on the Project site at a 1:1 ratio.
Therefore, with implementation of MM AG-1, the Project’s conversion of 78 acres of Prime Farmland to a non-agricultural use would be less than significant.
MITIGATION MEASURE(S)
Implementation of MM AG-1.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated. 1021
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Discussion
The analysis in this section is largely based on the Air Quality Impact Analysis (AQIA) prepared for this Project (QK, 2025a), attached as Appendix A.
Impact #3.4.3a – Would the Project Conflict with or obstruct implementation of the applicable air quality plan?
Plan Consistency
The AQIA was prepared pursuant to the San Joaquin Valley Air Pollution Control District (SJVAPCD) Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) and the California Environmental Quality Act (CEQA) Statute and Guidelines (QK, 2025a). The Project area is located within Tulare County in the San Joaquin Valley Air Basin (SJVAB or Basin). Tulare County is included among the eight counties that comprise the SJVAPCD. The SJVAPCD acts as the regulatory agency for air pollution control in the Basin and is the local agency empowered to regulate air pollutant emissions for the Project area. The SJVACPD, along with the California Air Resources Board (CARB), operates an air quality monitoring network that provides average concentrations of those pollutants for which State or federal agencies have established ambient air quality standards (AAQS).
CEQA Guidelines and the Federal Clean Air Act (Sections 176 and 316) contain specific references on the need to evaluate consistency between a proposed project and the
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.3 - AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the Project:
a. Conflict with or obstruct implementation of
the applicable air quality plan?
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the Project region is non-attainment under
an applicable federal or State ambient air
quality standard?
c. Expose sensitive receptors to substantial
pollutant concentrations?
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
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□
□
□
□
□
□
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applicable Air Quality Attainment Plans (AQAP) for the Project site (QK, 2025a). To accomplish this, CARB has developed a three-step approach to determine project conformity with the applicable AQAP:
1. Determination that an AQAP is being implemented in the area where the project is being proposed. The SJVAPCD has implemented the current, modified AQAP as approved by CARB.
2. The proposed project must be consistent with the growth assumptions of the applicable AQAP. The proposed Project is included in the employment increases projected in the Tulare County General Plan.
3. The project must contain in its design all reasonably available and feasible air quality control measures. The proposed Project incorporates various policy and rulerequired implementation measures that will reduce related emissions.
The California Clean Air Act (CCAA) and AQAP identify transportation control measures as methods to further reduce emissions from mobile sources. Strategies identified to reduce vehicular emissions such as reductions in vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion, in order to reduce vehicular emissions, can be implemented as control measures under the CCAA as well. Additional measures may also be implemented through the building process, such as providing electrical outlets on exterior walls of structures to encourage the use of electrical landscape maintenance equipment or measures such as electrical outlets for electrical systems on diesel trucks to reduce or eliminate idling time.
As the growth represented by the proposed Project was anticipated by the Tulare County General Plan and incorporated into the AQAP, conclusions may be drawn from the following criteria:
• That, by definition, the proposed emissions from the Project are below the SJVAPCD’s established emissions impact thresholds.
• That the primary source of emissions from the Project would be motor vehicles, which would be licensed through the State of California and whose emissions are already incorporated into the CARB’s Tulare County Emissions Inventory.
Furthermore, the Tulare County Association of Governments (TCAG) Final Conformity Analysis demonstrates that the regional transportation expenditure plans (2022 Regional Transportation Plan and 2025 Federal Transportation Improvement Program) in the Tulare County portion of the San Joaquin Valley air quality attainment areas would not hinder the efforts set out in the CARB’s State Implementation Plan (SIP) for each area’s non-attainment pollutants [carbon monoxide (CO), ozone (O3) and particulate matter with a diameter of 10 microns or less (PM10)]. The analysis uses the California Department of Finance (DOF) as the primary county-level forecasting reference for population growth and the California Employment Development Department (EDD), Info USA, and Woods & Poole for forecasting employment growth. Housing forecasts are based on DOF data for the base year and projected using a Planning Center Study from 2012 conducted by the SJVAPCD. 1023
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The TCAG Conformity Analysis considers General Plan Amendments (GPA) and zone changes that were enacted at the time of the analysis as projected growth within the area based on land use designations incorporated within the Tulare County General Plan. Land use designations that are altered based on subsequent GPAs that were not included in the Conformity Analysis were not incorporated into the TCAG analysis. Consequently, if a proposed project is not included in the regional growth forecast using the latest planning assumptions, it may not be said to conform to the regional growth forecast.
Under the current City General Plan, the Project site is designated as Residential Low, Residential Medium, and Residential High Density and Conservation. As the Project site was prezoned for residential land uses, the Project’s growth was analyzed in the projected growth of the Final Conformity Analysis. Additionally, under current policies, after a GPA is approved, housing and employment assumptions can be updated to reflect the capacity changes. The proposed development does require an approval of the prezone; therefore, the existing growth forecast may be modified to reflect any necessary changes. Therefore, the Project will not be in conflict with the Final Conformity Analysis.
SJVAPCD’s specific CEQA air quality thresholds are presented in Table 3.4.3-1.
Table 3.4.3-1
SJVAPCD CEQA Thresholds of Significance
Criteria
Pollutant
Operational Emissions
Construction
Emissions
Permitted Equipment
and Activities
Non-Permitted
Equipment and Activities
NOx 10 tons/yr 10 tons/yr 10 tons/yr
ROG 10 tons/yr 10 tons/yr 10 tons/yr
SOx 27 tons/yr 27 tons/yr 27 tons/yr
PM10 15 tons/yr 15 tons/yr 15 tons/yr
PM2.5 15 tons/yr 15 tons/yr 15 tons/yr
CO 100 tons/yr 100 tons/yr 100 tons/yr
Source: Appendix A.
Construction
Short-term emissions from the construction phases of the Project would have temporary impacts on air quality (QK, 2025a).
Table 3.4.3-2 presents the Project’s short-term emissions based on the anticipated construction period. As calculated with CalEEMod, the estimated short-term constructionrelated emissions would not exceed SJVAPCD significance threshold levels during any given year and would, therefore, be less than significant.
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Table 3.4.3-2
Short-Term Project Emissions
Emissions Source Pollutant (tons/year)
ROG NOx CO SO2 PM10 PM2.5
Construction - 2026 0.374 2.125 3.564 0.005 0.410 0.168 Construction – 2027 3.292 1.371 2.797 0.004 0.287 0.097 Significance Threshold 10 10 100 27 15 15
Is Threshold Exceeded for a Single
Year After Mitigation? No No No No No No
Source: (QK, 2025a)
Operational (post-construction)
Upon full buildout, long-term emissions are caused by operational mobile sources and area source emissions from residences. Operation of the Project site at full build-out is not expected to present a substantial source of fugitive dust (PM10) emissions. The main source of PM10 emissions would be from vehicular traffic associated with the Project site.
PM10, on its own and in combination with other pollutants, poses a health hazard. SJVAPCD’s Regulation VIII establishes required controls to reduce and minimize fugitive dust emissions.
The following SJVAPCD Rules and Regulations apply to the proposed Project (and all projects):
• Rule 4102 – Nuisance – prohibits a facility from posing as a nuisance to surrounding receptors and can impose penalties for nuisance issues such as dust, smoke, excess emissions, etc. Compliance with this rule ensures that the area around the Project site will not be adversely impacted by such issues.
• Regulation VIII – Fugitive PM10 Prohibitions – a series of regulations to reduce and/or eliminate the generation of particulate matter (PM) that can adversely impact visibility as well as the health and safety of people on-site or in the vicinity of the Project.
o Rule 8011 – General Requirements – this rule is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce, or mitigate anthropogenic (human-caused) fugitive dust emissions. o Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities – restricts generation of airborne dust and visibility impacts from these activities. Places limits on opacity and equipment operation under certain adverse weather conditions.
o Rule 8041 – Carryout and Trackout – requires that equipment and vehicles leaving the construction site control the amount of dirt, soil, or mud that is tracked off-site and onto public roadways. This helps eliminate or minimize dust generation and opacity degradation.
o Rule 8051 – Open Areas – limits fugitive dust from open areas, i.e., areas on a construction site that are not actively being constructed upon but may generate wind-blown dust.
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Project-related transportation activities from residents would generate mobile source reactive organic gases (ROG), oxides of nitrogen (NOx), sulfur oxides (SOx), CO, PM10, and PM2.5 exhaust emissions. Exhaust emissions would vary substantially from day to day, but would average out over the course of an operational year. The variables factored into estimating total Project emissions include level of activity, site characteristics, weather conditions, and number of visitors. As the Project is not expected to generate an adverse change in current activity levels, substantial emissions are not anticipated. The default trip rates in CalEEMod were used along with an adjusted fleet mix to reflect the SJVAPCDapproved residential fleet mix for the year 2026.
The proposed Project is expected to generate operational emissions as shown in Table 3.4.3-
3. Table 3.4.3-3
Post-Project Max Year (Operational Emissions)
Emissions Source Pollutant (tons/year)
ROG NOx CO SOx PM10 PM2.5
Operational Emissions 7.50 3.24 23.61 0.04 3.83 1.04
SJVAPCD Threshold 10 10 100 27 15 15
Is Threshold Exceeded After
Mitigation?
No No No No No No
Source: (QK, 2025a)
As shown in Table 3.4.3-3, operations-related emissions would not exceed the SJVAPCD significant threshold levels. Therefore, Project operational emissions impacts are less than significant. Based on these factors, the Project is consistent with the AQAP and, therefore, would result in a less-than-significant impact.
An ambient air quality analysis was also performed to determine if the proposed Project has the potential to impact ambient air quality through a violation of the AAQS or a substantial contribution to an existing or projected air quality standard. The basis for the analysis is dispersion modeling and the Project’s long-term air quality impacts shown in Table 3.4.3-4.
Emissions were evaluated for each pollutant on a short-term (correlating to pollutant averaging period) and long-term (annual) basis, with the exception of CO, which was evaluated only for short-term exposures since there are no long-term significance thresholds for CO. The results of the air dispersion modeling, presented in Table 3.4.3-4, demonstrate that the maximum impacts attributable to the Project, when considered in addition to the existing background concentrations, are below the applicable AAQS for NOx, SOx, and CO. 1026
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Table 3.4.3-4
Predicted Ambient Air Quality Impacts
Pollutant Averaging
Period
Background
(µg/m3)
Project
(µg/m3)
Project + Background
(µg/m3)
NAAQS
(µg/m3)
CAAQS
(µg/m3)
NO2 1-Hour 115.7 6.39 122.09 188.68 338
NO2 Annual 13.6 0.72 14.32 100 56
SO2 1-Hour 28.0 0.05 28.05 196 655
SO2 3-Hour 18.2 0.04 18.24 1,300 ---
SO2 24-Hour 5.8 0.02 5.82 365 105
CO 1-Hour 2,061 31.8 2,093 40,000 23,000
CO 8-Hour 1,718 22.3 1,740 10,000 10,000
PM10 24-Hour 172 0.73 172.7 150 50
PM10 Annual 25.8 0.19 25.99 --- 20
PM2.5 24-Hour 64.7 0.33 65.03 35 ---
PM2.5 Annual 12.9 0.09 12.99 12 12
If a project’s maximum impacts are below the District’s significant impact levels (SIL), the project is judged not to cause or contribute significantly to an AAQS or prevention of significant deterioration (PSD) increment violation. A comparison of the proposed impact from the Project to the District SIL values is provided in Table 3.4.3-5.
Table 3.4.3-5
Comparison of Maximum Modeled Project Impact with Significant Thresholds Pollutant Averaging
Period
Predicted Concentration
(µg/m3)
SIL
(µg/m3)
PM10 24-Hour 0.73 10.4
PM10 Annual 0.19 2.08
PM2.5 24-Hour 0.33 2.5
PM2.5 Annual 0.09 0.63
Because the Project’s modelled PM10 and PM2.5 are below the SJVAPCD’s significance levels for 24-hour and annual concentrations, the Project’s contribution to potential violations of AAQS would be less than significant.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
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Impact #3.4.3b – Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or State ambient air quality standard?
SJVAPCD’s approach to assessing cumulative impacts dictates that a project’s contribution to cumulative impacts to regional air quality would be considered potentially significant if the project’s impact would be individually significant (i.e., exceeds the SJVAPCD’s quantitative thresholds). For a project that would not individually cause a significant impact, the project’s contribution to any cumulative impact may be considered less than significant, provided that the project is consistent with all applicable regional air quality plans (AQPs).
As mentioned in Impact #3.4.3a, the SJVAPCD acts as the regulatory agency for air pollution control in the Basin and is the local agency empowered to regulate air pollutant emissions for the Project area. The SJVACPD, along with the California Air Resources Board (CARB), operates an air quality monitoring network that provides average concentrations of those pollutants for which State or federal agencies have established AAQS.
SJVAPCD uses a single threshold for the determination of significance for both projectspecific and cumulative impacts. Air quality in SJVAB has improved over the past decades, which indicates that the single threshold is sufficient for assessing cumulative impacts.
Under the established National Ambient Air Quality Standards (NAAQS) criteria pollutants, SJVAB is classified as non-attainment/extreme for Ozone (8-hour) and non-attainment for PM10. Under the California Ambient Air Quality Standards (CAAQS), the SJVAB is classified as non-attainment/severe for Ozone (1-hour), non-attainment for Ozone (8-hour), and nonattainment for PM10 and PM2.5 (QK, 2025a). As indicated in Tables 3.4.3-2 and 3.4.3-3, the proposed Project would generate less-than-significant impacts to criteria air pollutants; therefore, the Project’s incremental contribution to cumulative air quality impacts would not be cumulatively considerable (CEQA Guidelines Section 15064(h)(3) (QK, 2025a).
Based on the analysis conducted, this Project is individually less than significant. The AQIA, however, also considered the impacts of the proposed Project in conjunction with the impacts of other projects previously proposed in the area. The following cumulative impacts were considered:
• Cumulative O3 Impacts (ROG and NOx) from numerous sources within the region, including transport from outside the region. O3 is formed through chemical reactions of ROG and NOx in the presence of sunlight.
• Cumulative CO Impacts produced primarily by vehicular emissions. • Cumulative PM10 Impacts from within the region and locally from the various projects. Such projects may cumulatively produce a significant amount of PM10 if several projects conduct grading or earthmoving activities at the same time. • Hazardous Air Pollutant (HAP) Impacts on sensitive receptors.
As shown in Table 3.4.3-6 below, the proposed Project would pose an inconsequential impact on regional O3 and PM10 formation. Therefore, this Project would not be considered cumulatively considerable in its contribution to regional O3 and PM10 impacts. 1028
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Table 3.4.3-6
2030 Emissions Projections – Proposed Project, Tulare County and SJVAB ROG NOX PM10
Proposed Project 7.50 3.24 3.83
Tulare County 20,325.0 8,346.1 14,756.6
SJVAB 104,380.5 38,036.3 99,271.2
Proposed Project Percent of Tulare County 0.037% 0.039% 0.026% Proposed Project Percent of SJVAB 0.007% 0.009% 0.004%
Tulare County Percent of SJVAB 19.47% 21.94% 14.86%
As discussed above, both construction and operational emissions are not anticipated to exceed SJVAPCD’s established emissions thresholds and significance thresholds for all CEQA air quality determinations. Therefore, this Project would not have a significant impact on the SJVAB. The proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or State AAQS and would have a less-than-significant impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.3c – Would the Project expose sensitive receptors to substantial pollutant concentrations?
Sensitive receptors are defined as locations where young children, chronically ill individuals, the elderly, or people who are more sensitive than the general population reside, such as schools, hospitals, nursing homes, and daycare centers (QK, 2025a). The nearest residential sensitive receptor to the proposed Project is located adjacent to portions of the Project’s sites. Table 3.4.3-7 lists the known non-residential sensitive receptors within one mile of the Project site.
Table 3.4.3-7
Sensitive Receptors Located < One Mile from Project
Receptor Type of Facility Distance from
Project (miles)
Direction
from Project
Blue Oak Academy School 0.71 E
Annie R Mitchell Elementary School School 0.46 NW
Janet’s Day Care Visalia Daycare 0.27 W
Little Rainbows Daycare Daycare 0.36 W
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The SJVAPCD’s GAMAQI states, “From a health risk perspective, there are basically two types of land use projects that have the potential to cause long-term public health risk impacts:
• Type A Projects: Land use projects that will place new toxic sources in the vicinity of existing receptors.
• Type B Projects: Land use projects that will place new receptors in the vicinity of existing toxic sources.”
Descriptions of criteria air pollutants, typical sources, health effects, and recently documented pollutant levels for ozone (O3), suspended particulate matter (PM10 and PM2.5), carbon monoxide (CO), nitrogen dioxide (NO2), hydrocarbons, sulfur dioxide, lead (Pb), and suspended sulfate in the Project vicinity can be found in Appendix A (QK, 2025a). Table 3.4.3- 8 presents the thresholds of significance used with toxic air contaminants when evaluating HAPs.
Table 3.4.3-8
Measures of Significance – Toxic Air Contaminants
Agency Level Description
Significance Thresholds Adopted for the Evaluation of Impacts Under CEQA
SJVAPCD
Carcinogens Maximally Exposed Individual risk equals or exceeds 20 in one million.
NonCarcinogens
Acute: Hazard Index equals or exceeds 1.0 for the
Maximally Exposed Individual.
Chronic: Hazard Index equals or exceeds 1.0 for
the Maximally Exposed Individual.
Source: (QK, 2025a)
The proposed Project would result in emissions of HAPs from construction activities and would be located near existing residents; therefore, an assessment of the potential risk to the population attributable to emissions of hazardous air pollutants from the proposed Project is required.
To predict the potential health risk to the population attributable to emissions of HAPs from the proposed Project, ambient air concentrations were predicted with dispersion modeling to arrive at a conservative estimate of increased individual carcinogenic risk that might occur as a result of continuous exposure over the construction period for construction emissions.
Similarly, predicted concentrations were used to calculate non-cancer chronic and acute hazard indices, which are the ratio of expected exposure to acceptable exposure.
SJVAPCD has set the level of significance for carcinogenic risk at 20 in one million, which is understood as the possibility of causing 20 additional cancer cases in a population of one million people. The level of significance for chronic non-cancer risk is a hazard index of 1.0.
All receptors were modeled with a two-year exposure to construction activities. 1030
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The carcinogenic risk and the health hazard index (HI) for chronic non-cancer risk at the point of maximum impact (PMI) do not exceed the significance levels of 20 in one million (20 x 10-6) and 1.0, respectively, for the proposed Project. The PMIs are identified by receptor location and risk and are provided in Table 3.4.3-9.
Table 3.4.3-9
Potential Maximum Impacts Predicted by HARP
Cancer Risk Chronic Hazard
Index
Construction 4.12E-06 2.41E-03
SJVAPCD Threshold 20.0E-06 1.0
Exceedance? No No
Receptor # 1479 1479
UTM Easting (m) 297503.33 297503.33
UTM Northing (m) 4019827.45 4019827.45
Note: UTM = Universal Transverse Mercator
As shown above in Table 3.4.3-9, the maximum predicted cancer risk for the proposed Project is 4.12E-06. The maximum chronic non-cancer hazard index for the proposed Project is 2.41E-03. Since the PMI remained below the significance threshold for cancer and chronic risk, this Project would not have an adverse effect to any of the surrounding communities.
The potential health risk attributable to the proposed Project is determined to be less than significant based on the following conclusions:
• Potential carcinogenic risk from the proposed Project is below the significance level of 20 in a million at each of the modeled receptors.
• The hazard index for the potential chronic non-cancer risk from the proposed Project is below the significance level of 1.0 at each of the modeled receptors. • The hazard index for the potential acute non-cancer risk was not calculated since there is no acute risk associated with DPM emission; therefore, the proposed Project is considered below the significance level.
Therefore, the potential risk to the population attributable to emissions of HAPs from the proposed Project would be less than significant.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.3d – Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
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The SJVAPCD’s GAMAQI states, “An analysis of potential odor impacts should be conducted for both of the following two situations:
1. Generators – projects that would potentially generate odorous emissions proposed to be located near existing sensitive receptors or other land uses where people may congregate.
2. Receivers – residential or other sensitive receptor projects or other projects built for the intent of attracting people locating near existing odor sources” (QK, 2025a).
According to the GAMAQI, the District has identified some common types of facilities that have been known to produce odors in the San Joaquin Valley Air Basin. These are presented in Table 3.4.3-10 below, along with a reasonable distance from the source within which the degree of odors could possibly be significant. Because the Project’s anticipated land uses and activities are not listed as a source that would create objectionable odors, the Project is not expected to be a source of objectionable odors (QK, 2025a).
Table 3.4.3-10
Screening Levels for Potential Odor Sources
Type of Facility Distance
Wastewater Treatment Facility 2 miles
Sanitary Landfill 1 mile
Transfer Station 1 mile
Composting Facility 1 mile
Petroleum Refinery 2 miles
Asphalt Batch Plant 1 mile
Chemical Manufacturing 1 mile
Fiberglass Manufacturing 1 mile
Painting/Coating Operations (e.g., auto body shops) 1 mile Food Processing Facility 1 mile
Feed Lot/Dairy 1 mile
Rendering Plant 1 mile
Source: (QK, 2025a)
Based on the provisions of the SJVAPCD’s GAMAQI, the proposed Project would not exceed any screening trigger levels to be considered a source of objectionable odors or odorous compounds. Furthermore, there does not appear to be any significant source of objectionable odors in close proximity that may adversely impact the Project site when it is in operation.
Additionally, the Project emissions estimates indicate that it would not be expected to adversely impact surrounding receptors. As such, the proposed Project would not be a source of any odorous compounds, nor would it likely be impacted by any odorous source.
Therefore, impacts are less than significant.
MITIGATION MEASURE(S)
No mitigation is required.
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LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.4 - BIOLOGICAL RESOURCES
Would the Project:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special-status species in local or regional
plans, policies, or regulations or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the California
Department of Fish and Wildlife or U.S. Fish
and Wildlife Service?
c. Have a substantial adverse effect on State or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species, or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f. Conflict with the provisions of an adopted
habitat conservation plan, natural community
conservation plan, or other approved local,
regional, or State habitat conservation plan?
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
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This section’s analysis is substantiated by a Biological Resource Evaluation prepared for the Project (QK, 2025b), attached as Appendix B.
Discussion
Impact #3.4.4a – Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specialstatus species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? The Project site includes two separate parcels, with over half of it being a recently mowed, irrigated agricultural field containing oats and a peach orchard.
Qualified biologists surveyed the Project site on June 16, 2025, for its biotic habitats, the plants and animals that occur in those habitats, and significant habitat values that may be protected by State and federal law. The survey consisted of meandering pedestrian transects spaced 50 to 100 feet apart throughout the Biological Survey Area (BSA), where accessible.
Areas with suitable habitat that could not be accessed, such as private residences or adjacent agricultural fields, were surveyed by use of high-power binoculars. Additionally, literature and database reviews were conducted, such as the California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California and California Natural Diversity Database (CNDDB), to determine which sensitive biological resources have been recorded within the Project site (QK, 2025b).
The results of the database inquiries were reviewed to extract pertinent information on site conditions and evaluate the potential for sensitive biological resources to occur within or near the proposed Project site. Only those resources with the potential to be present and affected by the Project were included and considered in this document. The potential presence of natural communities and special-status species was based on distributional ranges overlapping the Project site and the presence of habitat and/or primary constituent habitat elements.
Special-Status Plant Species
There were 11 special-status plant species identified in the literature and database review that are known or have the potential to occur within the surrounding nine-quadrangles centered on the Project site (Table 3.4.4-1). None of the special-status plant species has historical records occurring on or overlapping the BSA or were observed during the site survey. Furthermore, it was observed that there is no suitable habitat for the 11 specialstatus plant species identified in literature and database reviews.
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Table 3.4.4-1
Special-Status Plant Species Occurring in the Region of the BSA Scientific Name Common Name Status
Atriplex cordulata var. cordulata heartscale 1B.2
Atriplex cordulata var. erecticaulis Earlimart orache 1B.2 Atriplex depressa brittlescale 1B.2
Atriplex minuscula lesser saltscale 1B.1
Atriplex persistens vernal pool smallscale 1B.2
Atriplex subtilis subtle orache 1B.2
Caulanthus californicus California jewelflower 1B.1
Delphinium recurvatum recurved larkspur 1B.2
Eryngium spinosepalum spiny-sepaled button-celery 1B.2
Euphorbia hooveri Hoover's spurge 1B.2
Helianthus winteri Winter's sunflower 1B.2
Lasthenia chrysantha alkali-sink goldfields 1B.1
Lasthenia glabrata ssp. coulteri Coulter's goldfields 1B.1 Orcuttia inaequalis San Joaquin Valley Orcutt grass 1B.1 Pseudobahia peirsonii San Joaquin adobe sunburst 1B.1
Puccinellia simplex California alkali grass 1B.2
Sagittaria sanfordii Sanford's arrowhead 1B.2
Source: (QK, 2025b); CNDDB, 2025; CNPS, 2025; and USFWS, 2025 CRPR (California Rare Plant Rank):
1B Rare, Threatened, or Endangered in California and elsewhere. 2B Plants Rare, Threatened, or Endangered in California, but more common elsewhere.
CRPR Threat Code Extension:
.1 Seriously endangered in California (over 80% of occurrences threatened / high degree and immediacy of threat) .2 Fairly endangered in California (20-80% occurrences threatened) Special-Status Wildlife Species
Of the 22 special-status wildlife species identified in the literature and database review that are known or have the potential to occur within the BSA, four special-status wildlife species, Swainson’s hawk, western burrowing owl, American badger, and San Joaquin kit fox, are determined to have the potential to occur within the BSA as a transient (Table 3.4.4-2).
Nesting birds and raptors have the potential to occur on or near the Project site and surrounding the BSA during the nesting season. Several suitable dens are located in the BSA that can be utilized by burrowing owl, American badger, or San Joaquin kit fox, and these species may be transient foragers at any time. Mitigation Measures BIO-1 through BIO-9 listed below will eliminate or reduce Project impacts to special-status species to a less-thansignificant level. Any special-status species that uses the Project as a movement corridor or uses the multiple dens and burrows located on the Project site or vicinity may be directly or indirectly impacted by Project activities.
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Table 3.4.4-2
Special-Status Wildlife Species Occurring in the Region of the BSA Scientific Name Common Name Status
Invertebrates
Andrena macswaini An andrenid bee - , SSC
Bombus crotchii Crotch's bumble bee - , SSC
Bombus pensylvanicus American bumble bee - , SSC
Danaus Plexippus monarch butterfly FC, SSC
Desmocerus californicus dimorphus valley elderberry longhorn beetle FT, SSC Lytta hoppingi Hopping's blister beetle FC, -
Aquatic Invertebrates
Branchinecta lynchi vernal pool fairy shrimp FT, SCC
Lepidurus packardi vernal pool tadpole shrimp FE, SCC
Linderiella occidentalis California linderiella - , SSC Amphibians
Ambystoma californiense pop 1 California tiger salamander central California DPS FT, ST/SSC
Lithobates pipiens northern leopard frog - , SSC
Spea hammondii western spadefoot FC , SSC
Reptiles
Actinemys marmorata northwestern pond turtle - , SSC
Anniella pulchra Northern California legless lizard - , SSC Gambelia silus blunt-nosed leopard lizard FE, SSC
Birds
Agelaius tricolor tricolored blackbird - , ST/SSC
Athene cunicularia burrowing owl - , SSC
Buteo swainsoni Swainson's hawk - , ST/SSC
Coccyzus americanus occidentalis western yellow-billed cuckoo FT, SE/SSC Gymnogyps californianus California Condor FE, SSC
Lanius ludovicianus loggerhead shrike - , SSC
Mammals
Antrozous pallidus pallid bat FE, SE
Dipodomys nitratoides nitratoides Tipton kangaroo rat FE, SE Eumops perotis californicus western mastiff bat - , SSC Sorex ornatus relictus Buena Vista Lake ornate shrew FE, SSC Taxidea taxus American badger FE, SSC
Vulpes macrotis mutica San Joaquin kit fox FE, ST
Source: (QK, 2025b); CNDDB, 2025; and USFWS, 2025
Abbreviations:
FC Federal Candidate
FE Federal Endangered Species
FT Federal Threatened Species
SFP Fully Protected Animal, CDFW
SE California Endangered Species
ST California Threatened Species
SSC California Department of Fish and Game Species of Special Concern SCS California Candidate
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SWAINSON’S HAWK
The BSA provides suitable nesting and foraging habitat for Swainson’s hawk (Buteo swainsoni). There are a few large trees located within the southwestern boundary of the BSA along Cameron Creek that could potentially support nesting raptors, including Swainson’s hawk, but no nests were observed during the survey. The BSA provides a suitable prey base along the boundaries where California ground squirrels are located. Agriculture within the BSA consists of a citrus orchard that is not considered foraging habitat for Swainson’s hawk.
The small portion of agricultural field contains a suitable foraging habitat, but of a very limited size. Agricultural fields located within 0.5 miles of the Project site contain suitable foraging habitat. The nearest CNDDB record (EONDX 41944) for nesting Swainson’s hawk is located approximately 6.5 miles southeast of the BSA in 2000. Two foraging Swainson’s hawks were observed in the BSA.
WESTERN BURROWING OWL
Western burrowing owls (Athene cunicularia) inhabit grassland, open bare ground, and utilize existing small mammal burrows, typically created by California ground squirrel (Otospermophilus beecheyi), for breeding and shelter. There was no diagnostic sign (e.g., whitewash, tracks, prey remains) of a burrowing owl observed, although appropriately sized small mammal burrows are present within the BSA. Burrowing owl may be present as transient foragers and may inhabit appropriately sized burrows at any time. No CNDDB records of the western burrowing owl are recorded within 10 miles of the BSA.
AMERICAN BADGER
The American badger (Taxidea taxus) may occur within the BSA. Several unoccupied burrows were observed with sign of badger digs in the BSA. The nearest CNDDB record (EONDX 56600) is four miles northeast of the BSA. This record is historical, with observations occurring in 1994; however, the records note that a small population is likely to still be surviving due to the large prey density. There were some potential dens that could have been dug by badgers; however, no other diagnostic sign (e.g., tracks, scat, prey remains) was observed.
SAN JOAQUIN KIT FOX
The San Joaquin kit fox (Vulpes macrotis mutica) is unlikely to be present within the BSA.
The nearest CNDDB record (EONDX 67933) is mapped generally within the southwest corner of the BSA and Project site. This record is historical, with the records of San Joaquin kit fox roadkill occurring between 1972 and 1975. The Project site lacks suitable habitat for the species due to the past and current levels of disturbance, and the surrounding BSA has been similarly degraded. No San Joaquin kit fox was observed during the survey, though suitably sized burrows were observed during the field survey. These burrows are likely enlarged California ground squirrel or badger digs.
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Furthermore, the active swallow nests under the bridges will not be directly impacted by the Project activities. Impacts by nearby construction activities will include noise, dust, and other human disturbances that may impact nesting behavior if the project occurs during the nesting season. No other nests were observed within the BSA. There is potential for birds to nest outside of the Project site, but nearby in the BSA in existing structures and trees in the future. If there are active nests present during Project activities, nests could be impacted by Project activities that interfere with normal breeding behaviors, which could discourage breeding or lead to nest abandonment or failure. Mitigation Measures BIO-1 through BIO-9 listed below will eliminate or reduce impacts to nesting birds to a less-than-significant level.
As outlined below, MM BIO-1 through MM BIO-9 require appropriate preconstruction clearance surveys of the Project and vicinity to confirm the presence or absence of special status species such as Swainson’s hawk, western burrowing owl, American badger, and San Joaquin kit fox. MM BIO-1 would requires a pre-construction clearance survey no less than 14 days prior to the start of construction to survey for special-status species and/or nesting birds, MM BIO-2 requires parameters if construction is planned during nesting season, MM BIO-3 requires a worker environmental awareness program related to sensitive species, MM BIO-4 requires disturbance buffers for sensitive resources, MM BIO-5 through BIO-7 requires standard avoidance and minimization measures for western burrowing owl, American Badger and San Joaquin kit fox, and MM BIO-8 requires additional general measures to decrease impacts to protected and sensitive species.
Incorporation of MM BIO-1 through BIO-8 would reduce potential impacts to special status wildlife species, including American Badger and San Joaquin kit fox and nesting birds and raptors, including Swainson’s hawk and burrowing owl, to a less-than-significant level and ensure compliance with State and federal laws protecting these species.
MITIGATION MEASURE(S)
MM BIO-1: Prior to the issuance of grading permits or ground disturbance, a preconstruction clearance survey of the Project footprint shall be conducted for special-status wildlife species and nesting migratory birds and raptors. The survey shall occur no less than 14 days prior to the start of construction activities. If construction is delayed beyond 30 days from the time of the survey or there is a lapse in construction of more than 30 days, then another survey shall be conducted. The survey shall be conducted by a biologist with adequate training and prior experience conducting surveys for special-status wildlife species. If no special-status species are observed, no further action is warranted. If dens or burrows that could support special-status species and/or nesting birds and raptors are discovered during the pre-construction survey, appropriate avoidance buffers shall be established. If no special-status species are observed on or near the Project site, no further surveys are required. A report outlining the results of the preconstruction survey shall be submitted to the lead agency as evidence of compliance.
MM BIO-2: If construction is planned during the nesting season for migratory birds (February 15 to August 31) and nesting birds are identified during the preconstruction survey, an active Swainson’s hawk nest shall be avoided by 0.5 miles, other raptor nests shall 1039
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be avoided by 500 feet, and all other migratory bird nests shall be avoided by 250 feet.
Avoidance buffers may be reduced if a qualified biological monitor determines that encroachment into the buffer area is not affecting nest building, the rearing of young, or otherwise affecting the breeding behaviors of the resident birds. Because nesting birds can establish new nests or produce a second or even third clutch at any time during the nesting season, nesting bird surveys shall be repeated every 30 days as construction activities are occurring throughout the nesting season. If no nesting birds are observed on or near the Project site, no further surveys are required.
MM BIO-3: A Worker Environmental Awareness Program shall be developed and implemented for all personnel who could access the site prior to commencing any disturbance activities. The program shall consist of an on-site or center presentation that will describe the locations and types of sensitive plant, wildlife, and sensitive natural communities (collectively, “Biological Resources”) on and near the site, an overview of the laws and regulations governing the protection of Biological Resources, the reasons for protecting the Biological Resources, the specific protection and avoidance measures that are applicable to the site, and the identity of designated points of contact should questions or issues arise, including the qualified biologist. The program shall provide training to recognize, avoid, and report to applicable qualified biologists any Biological Resources on the site.
a. The Worker Environmental Awareness Program shall emphasize the need to avoid contact with on-site wildlife and avoid entry into areas where Biological Resources have been identified based on pre-disturbance field surveys, and to implement the buffer avoidance or other protection measures established by the United States Fish and Wildlife Service (USFWS) shall be identified by the California Department of Fish and Wildlife (CDFW) or required by the Biological Resource mitigation measures. The training shall emphasize the importance of not feeding or domesticating wildlife and the need to avoid any trash, micro-trash, or potential food waste on-site, except in animal-proof containers emptied daily, to avoid attracting or causing adverse impacts to special-status wildlife.
b. All on-site personnel must sign a statement verifying that they have completed the Worker Environmental Awareness Program and that they understand and agree to implement the biological requirements for the worksite. If signed employee statements are not available, documentation may be provided by Worker Environmental Awareness Program training records, which shall be kept by the applicant for a minimum of five years. Each applicant shall maintain a list of all persons who have completed the training program and shall provide the list to the County or to State and federal wildlife agency representatives upon request.
MM BIO-4: If protected or special-status species are identified on the Project site during preconstruction surveys, protective buffers shall be used, where effective in the opinion of the qualified biologist. These measures are created to avoid any unauthorized incidental take of these species and to minimize any incidental take. Protective buffers shall be delineated using brightly colored stakes and/or flagging or similar materials and remain until construction activities are complete, at which time of completion, the buffers must be 1040
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removed. Protective buffers shall be established around active dens and/or burrows of special-status animal species or populations of special-status plant species to avoid unauthorized take of Protected Species as listed in the table below. The protective buffer distance shall be increased if required to avoid unauthorized incidental take of any Protected Species as determined by a qualified biologist. Protective buffer distances and other avoidance measures that may be implemented to avoid impacts to Protected Species or Sensitive Species must be consistent with the USFWS and/or the CDFW requirements and shall be implemented and overseen by a qualified biologist.
Disturbance Buffers for Sensitive Resources
Sensitive Resource Buffer Zone from Disturbance (feet)
Potential San Joaquin kit fox den 50
Known San Joaquin kit fox den 100
Natal San Joaquin kit fox den 500
Atypical San Joaquin kit fox den 50
Rodent burrows 50
Special-status bird species' active nests 500 feet to 0.5 miles, depending on species and sight line
American badger: Non-maternity dens 50
American badger: Maternity dens 200
MM BIO-5: If Project activities must occur during the Swainson’s hawk nesting season (February 15 to September 31), pre-activity surveys shall be conducted for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (CDFG, 2000). The surveys shall be conducted on the Project site plus a 0.5-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods prior to the start of construction. The survey shall be conducted in accordance with the methodology outlined in existing protocols and should be phased with the construction of the Project.
If no Swainson’s hawk nests are found, no further action is required.
MM BIO-6: If an active Swainson’s hawk nest is discovered at any time within 0.5 miles of active construction, a qualified biologist shall complete an assessment of the potential for current construction activities to impact the nest. The assessment shall consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to construction activities of this Project. Based on this assessment, the biologist shall determine if construction activities can proceed and the level of nest monitoring required. Construction activities shall not occur within 500 feet of an active nest, but depending upon conditions at the site, this distance may be reduced. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson’s hawks may be required. The qualified biologist shall have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may need to be 1041
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increased depending on the sensitivity of the nesting Swainson’s hawk to disturbances and at the discretion of the qualified biologist.
MM BIO-7: If burrows that could support the burrowing owl species are discovered during the pre-construction clearance survey conducted under MM BIO-1, the avoidance buffers outlined below shall be established, and burrow monitoring shall be conducted in accordance with the California Department of Fish and Game (CDFG) Staff Report on Burrowing Owl Mitigation (CDFG, 2012). No work would occur within these buffers. If occupied burrowing owl burrows cannot be avoided by the appropriate buffer below, an Incidental Take Permit (ITP) issued by the CDFW under the California Endangered Species Act (CESA) to authorize "take" that is incidental to an otherwise lawful activity, may be required before any work within the buffer.
Location Time of Year Level of Disturbance
Low Med High
Nesting sites April 1 -Aug 15 200 m* 500 m 500 m
Nesting sites Aug 16 – Oct 15 200 m 200 m 500 m
Nesting sites Oct 16- Mar 31 50 m 100 m 500 m
*Meters (m)
MM BIO-8: Occupied American badger dens detected during pre-disturbance surveys shall be flagged, and ground-disturbing activities shall be avoided within 50 feet of the den.
Maternity dens shall be avoided, and a minimum 200-foot buffer from disturbance shall be maintained during the pup-rearing season (February 15 through July 1). Maternity dens shall be avoided to the maximum extent feasible in the opinion of a qualified biologist. If an active maternity den is proposed to be disturbed, the qualified biologist shall consult with the CDFW to identify any appropriate additional minimization measures that the qualified biologist determines, with the wildlife agencies, can actually be implemented based on field conditions. All such measures shall be implemented for Project activities.
MM BIO-9: The following additional measures shall be implemented during construction to avoid and minimize potential significant adverse impacts to protected and sensitive species:
a. All vehicles shall observe a 15-mile-per-hour speed limit in all areas of disturbance and on unpaved roads unless otherwise posted. Off-road traffic outside of designated access routes is prohibited. Speed limit signs shall be posted in visible locations at the point of site entry and at regular intervals on all unpaved access roads. b. All disturbance activities, except emergency situations or drilling that may require continuous operations, shall only occur during daylight hours. Nighttime disturbance activity for drilling purposes shall use directed lighting and shielding methods and comply with applicable lighting mitigation measures.
c. All food-related trash items and all forms of micro trash, such as wrappers, cans, bottles, bottle tops, and food scraps, shall be disposed of in closed, animal-proof containers and removed daily from the site.
d. Excavations, spoil piles, access roadways, and parking and staging areas shall be subject to dust control as set forth in the dust control mitigation measures. 1042
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e. The use of herbicides for vegetation control shall be restricted to those approved by the USFWS and the CDFW. No rodenticides shall be used on any site unless approved by the USWFS and the CDFW, and shall observe label and other restrictions mandated by the United States Environmental Protection Agency, California Department of Food and Agriculture, and State and federal laws and regulations. For split estates, no herbicides for vegetation control may occur in Tier 2 areas without surface owner approval.
f. No plants or wildlife shall be collected, taken, or removed from the site or any adjacent locations except as necessary for Project-related vegetation removal or wildlife relocation by a qualified biologist and subject to all applicable permits and authorizations.
g. All open trenches or excavations shall be covered at the end of each workday to prevent wildlife entrapment. If an excavation is too large to cover, escape ramps shall be installed at an incline ratio of no greater than 2:1. All trenches and pipes shall be inspected for the presence of wildlife each day prior to the commencement of work. h. To enable San Joaquin kit foxes and other wildlife to pass through the Project site, any perimeter fencing shall include a four- to eight-inch opening between the fence mesh and the ground, or the fence shall be raised four inches above the ground except for blunt-nosed leopard lizard exclusion fencing. The bottom of the fence fabric shall be knuckled (wrapped back to form a smooth edge) to protect wildlife. i. All vertical tubes used in Project construction and chain link fencing poles shall be temporarily or permanently capped to avoid the entrapment and death of specialstatus wildlife and birds. All pipes 1.5 inches or greater in diameter stored overnight on a Project location must have end caps or other physical barriers that prevent wildlife from entering the pipe.
j. All dead or injured special-status wildlife shall be left in place and reported to the USFWS and the CDFW within 48 hours of discovery for rescue or salvage. Discovery of State or federal listed species that are injured or dead shall also be managed consistent with regulatory requirements, including being reported immediately via telephone and within 24 hours in writing, and with a copy to the lead agency. k. During pre-construction surveys, the qualified biologist shall delineate previously disturbed areas to be used by the applicant to minimize the amount of new disturbance.
l. No vehicles or construction equipment shall be parked within a wetland or waterbody/dry wash.
m. Tracked vehicles and other construction equipment must be washed or maintained to be weed-free prior to entering and working within areas of a new disturbance. n. All washing of trucks, paint, equipment, or similar activities should occur in areas where runoff is fully contained for collection and off-site disposal. Wash water may not be discharged from the site and shall be located at least 100 feet from any water body or sensitive Biological Resources.
o. Locate all extra work areas (such as staging areas and additional spoil storage areas) at least 50 feet away from wetland boundaries or waterbody, except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land. 1043
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p. All areas that must be avoided as a result of the pre-disturbance surveys and areas where new disturbance will occur shall be clearly delineated by fencing or staking and flagging and/or rope or cord.
q. No pets shall be allowed on any site.
r. No smoking may occur except in designated areas.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated.
Impact #3.4.4b – Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Sensitive natural communities are designated by various resource agencies, including the CDFW, USFWS, Bureau of Land Management, U.S. Forest Service, or are designated by local agencies through policies, ordinances, and regulations. Sensitive natural communities generally have important functions or values for plants and wildlife, or are recognized as declining in extent or distribution and warrant some level of protection.
As discussed in Impact #3.4.4b, literature results from the surrounding nine-quadrangle queries for the Project site identified four sensitive natural vegetation communities that may occur in the vicinity: Valley Sacaton Grassland, Valley Hardpan Vernal Pool, Valley Claypan Vernal Pool, and Great Valley Oak Riparian Forest (QK, 2025b). None of these natural communities was present within the BSA. There is no riparian habitat present within the BSA, and it does not provide habitat that would support these communities. Therefore, there would be no impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
There would be no impact.
Impact #3.4.4c – Would the Project have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Furthermore, there are no wetland or non-wetland water features known to exist on the Project site (QK, 2025b). The National Hydrography Dataset (NHD) and National Wetlands Inventory (NWI) identify two water features: the Tulare Irrigation Canal, which bisects the Project site, and Cameron Creek, which runs along the southerly boundary of the site. There will be no work conducted that would impact Cameron Creek. 1044
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However, the Project will be required to underground the Tulare Irrigation Canal. No jurisdictional delineation of the canal was completed. A delineation meeting State and federal requirements would be conducted to determine if the canal meets the criteria for either federal or State jurisdiction. MM BIO-8 requires a delineation and a formal notification of the project to be submitted to the pertinent regulatory agencies prior to the issuance of grading permits. In the event drainage is jurisdictional, additional permitting with the appropriate regulatory agencies is also required prior to construction activities. With the implementation of MM BIO-10, the impact of the project related to water features would be less than significant.
Therefore, given the absence of natural communities and riparian habitat in the BSA, the Project would have a less-than-significant impact on riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or USFWS.
As discussed, the NHD and NWI identify two water features: the Tulare Irrigation Canal, which bisects the Project site, and Cameron Creek, which runs along the southerly boundary of the site (QK, 2025b). The Project is designed to completely avoid Cameron Creek, and this water feature will not be impacted. With implementation of MM BIO-10, potential impacts related to the undergrounding of the Tulare Irrigation Canal, as outlined below, the Project will have a less-than-significant impact.
MITIGATION MEASURE(S)
MM BIO-10: Prior to the issuance of any grading or building permit, the Project proponent/developer shall conduct a delineation of the Tulare Irrigation Canal and prepare an Aquatic Resources Delineation Report (ARDR). The ARDR shall be submitted with a formal notification to the US Army Corps of Engineers (ACOE), Water Resources Control Board (SWRCB), and California Department of Fish and Wildlife (CDFW). If no comments or requests for additional permitting are received by the agencies, no further action is necessary. A copy of all correspondence shall be submitted to the lead agency.
If a regulatory agency comments or requests additional permitting, the following actions may be taken. A copy of all correspondence and subsequent permitting and/or reports shall be made available to the Lead Agency. The report shall include information as shown below, as a plan if necessary, and shall outline compliance with the following:
a. Delineation of all jurisdictional features at the project site. Potential jurisdictional features within the project boundary identified in the jurisdictional delineation report may be shown in plan form.
b. If the Project has a potential to directly or indirectly impact jurisdictional aquatic resources, a formal aquatic resource delineation of these areas shall be performed by a qualified professional to determine the extent of agency jurisdiction and permits/authorizations from the appropriate regulating agencies (Central Valley Regional Water Quality Control Board (RWQCB), CDFW and US Army Corps of Engineers (USACE) shall be obtained prior to disturbance to jurisdictional features. 1045
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If it is determined that drainage is jurisdictional and cannot be avoided, the Project proponent shall obtain a Section 401 Water Quality Certification from the RWQCB, a Section 404 permit from USACE, and a Lake and Streambed Alteration Agreement under Section 1602 from the CDFW, if required, prior to impacting any waters.
As part of these authorizations, compensatory mitigation may be required by the regulating agencies to offset the loss of aquatic resources. If so, and as part of the permit application process, a qualified professional shall draft a Mitigation and Monitoring Plan to address implementation and monitoring requirements under the permit to ensure that the Project would result in no net loss of habitat functions and values. The Plan shall contain, at a minimum, mitigation goals and objectives, mitigation location, a discussion of actions to be implemented to mitigate the impact, monitoring methods and performance criteria, extent of monitoring to be conducted, actions to be taken in the event that the mitigation is not successful, and reporting requirements. The Plan shall be approved by the appropriate regulating agencies, and compensatory mitigation shall take place either on-site or at an appropriate off-site location.
c. Any material/spoils generated from project activities containing hazardous materials shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls, covers, sand/gravel bags, and straw bale barriers, as appropriate. Protection measures should follow project-specific criteria as developed in a Stormwater Pollution Prevention and Protection Plan (SWPPP). d. Equipment containing hazardous liquid materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and at least 50 feet outside the delineated boundary of jurisdictional water features.
e. Any spillage of material shall be stopped if it can be done safely. The contaminated area shall be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative shall be notified..
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated.
Impact #3.4.4d – Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Furthermore, the BSA is not within any designated wildlife linkage or movement corridors (QK, 2025b). The nearest wildlife movement corridor is located approximately 9.01 miles north of the BSA, and the nearest wildlife linkage area is approximately 20.13 miles to the southwest. The Project is situated within an area developed for urban and agricultural use and does not provide a linkage between suitable natural habitats for most wildlife species.
Due to the disturbed condition of the Project and the surrounding area, there is no substantial movement of wildlife onto or off the BSA. Therefore, the Project will result in 1046
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less-than-significant impacts to fish or wildlife movement corridors, linkages, or nursery sites.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.4e – Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The City’s Valley Oak Ordinance establishes policies for care, trimming, and removal of Valley Oaks. However, the Project does not contain or propose to remove any Valley Oaks, so the ordinance would not apply to this Project.
Therefore, there are no impacts on local policies and ordinances protecting biological resources, such as tree preservation policies or ordinances.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
There would be no impact.
Impact #3.4.4f – Would the Project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan?
The Project is not within an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan, so there would be no impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
There would be no impact.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.5 - CULTURAL RESOURCES
Would the Project:
a. Cause a substantial adverse change in the
significance of a historical resource pursuant
to CEQA Guidelines Section 15064.5?
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section 15064.5?
c. Disturb any human remains, including those
interred outside of formal cemeteries?
Discussion
The discussion below is based on a Cultural Resources Technical Memorandum completed for the Project (QK, 2025c), attached as Appendix C.
Impact #3.4.5a – Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5? The City has adopted multiple policies for the protection and maintenance of historical resources in the City of Visalia, including the adoption of a Historic Preservation Ordinance, maintenance and update of a Local Register of Historic Places, and establishment of a Historic District. As identified in the Historic Preservation Chapter of the Visalia General Plan, there are four sites listed on the National Register of Historic Places (City of Visalia, 2014a). Table 3.4.5-1 below notes the four sites and their proximity to the Project site. As demonstrated in the table, the Project site is not located on or near the four sites listed on the National Register of Historic Places.
Table 3.4.5-1
Project Distance from Historic Sites
Historic Sites Location Distance from Project Direction from Project Bank of Italy Building - 128
East Main Street
2.41 miles NW
Hyde House - 500 South
Court Street
2.23 miles NW
The Pioneer (statue) -
27000 South Mooney
2.80 miles SW
□
□
□
□
□
□
□
□
□
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Historic Sites Location Distance from Project Direction from Project Boulevard, in Mooney
Grove Park
U.S. Post Office, Visalia
Town Center Station - 111
West Acequia Street
2.42 miles SE
Source: (City of Visalia, 2014a)
A cultural resources records search was conducted by the South San Joaquin Valley Information Center (SSJVIC), California State University, Bakersfield, for the Project. The purpose of the search was to determine whether any known cultural resources were located on or near the proposed Project that might be impacted by Project construction and/or activities. The records search covered an area within one-half mile of the proposed Project and included a review of the National Register of Historic Places, California Points of Historical Interest, California Registry of Historic Resources, California Historical Landmarks, California State Historic Resources Inventory, and a review of cultural resource reports on file.
The records search indicated that the Project had never been surveyed for cultural resources. One historic cultural resource, the Tulare Irrigation Canal (primary no. P-54- 005296), passes through the northwest corner of the Project. The canal was constructed sometime between 1889 and it appeared on the 1892 Thompson County Atlas. However, as shown in Table 3.4.5-1, this water feature is not identified as being a historic resource in the General Plan EIR (City of Visalia, 2014b). While it is historical in nature due to its age, the canal has been systematically altered over time as new subdivisions to the north and south were developed. Therefore, the canal lacks integrity or distinct architectural characteristics/master works to warrant protection as a cultural resource under CEQA (QK, 2025c). Rerouting the canal to go underground would be similar to what has been done along its route and would not be considered a significant impact.
Five cultural resource studies have been conducted within a half mile of the Project. Four historic and one prehistoric cultural resource have been recorded within one-half mile of the Project. The Project will not impact any of these identified cultural resources.
A Sacred Lands File request was also submitted to the NAHC. A response dated July 7, 2025, indicates negative results (see Appendix C). SB 18/AB 52 early tribal consultation letters were prepared and distributed by the City on September 26, 2025, pursuant to Public Resources Code Section 21080.3.1 and Government Code Section 65300 et seq, Senate Bill 18 and Assembly Bill 52, letters were sent to each of the Native American tribes within the geographic area as identified by the NAHC (see Appendix C). The letters included a Project description and location maps. Tribal consultation under AB 52 and SB 18 closed on December 31, 2025. To date, no response has been received. Should the City receive communication with a tribal group, they will work in good faith to address any potential cultural resources concerns.
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If cultural resources are encountered during construction activities within any portion of the Project area, all work within 50 feet of the find should be halted until a qualified archaeologist can identify the discovery and assess its significance. In order to account for unanticipated discoveries and the potential to impact previously undocumented or unknown resources, the following mitigation measures are recommended. With the implementation of MM CUL-1, impacts under this criterion would be less than significant with mitigation. With the implementation of the mitigation measures, impacts would be less than significant.
MITIGATION MEASURE(S)
MM CUL-1: In the event that prehistoric or historic-period archaeological resources are encountered during construction in connection with an individual-specific development proposal, all construction activities associated therewith within 100 feet of the find shall halt, and the City of Visalia and an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology shall be notified by the relevant applicant. Prehistoric archaeological materials may include obsidian and chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; stone milling equipment (e.g., mortars, pestles, hand stones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse.
The Archaeologist shall inspect the findings within 24 hours of discovery or as soon thereafter as is reasonable and commercially practicable. If it is determined that the construction associated with the subject individual-specific development proposal could significantly damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place. If avoidance is not feasible, a qualified Archaeologist shall prepare, and the relevant applicant shall implement a detailed treatment plan in consultation with the City of Visalia. Treatment of unique archaeological resources shall follow the applicable requirements of Public Resources Code Section 21083.2. Treatment for most resources would consist of (but would not be limited to) sample excavation, artifact collection, site documentation, and historical research, with the aim of targeting the recovery of important scientific data contained in the portion(s) of the significant resource to be impacted by the proposed Project. The treatment plan shall include provisions for analysis of data in a regional context, reporting of results within a timely manner, curation of artifacts and data at an approved facility, and dissemination of reports to local and State repositories, libraries, and interested professionals.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated. 1050
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Impact #3.4.5b – Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? According to the CEQA Guidelines, “When a project will impact an archaeological site, a lead agency shall first determine whether the site is a historical resource” (CEQA Guidelines Section 15064.5(c)(1)). Those archaeological sites that do not qualify as historical resources shall be assessed to determine if they qualify as “unique archaeological resources” (California Public Resources Code Section 21083.2). No archaeological resources were identified on the Project site. However, due to the nominal amount of prehistoric archaeological information within the majority of the City, including the Project site, there is potential to impact prehistoric archaeological resources during grading and construction activities within previously undisturbed soils.
Compliance with MM CUL-1 requires that all work in the immediate vicinity of the find halt until a qualified archaeologist can evaluate the find and make recommendations. With implementation of MM CUL-1, the Project's impact on unknown archaeological resources is less than significant.
MITIGATION MEASURE(S)
Implementation of MM CUL-1.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated.
Impact #3.4.5c – Would the Project disturb any human remains, including those interred outside of formal cemeteries?
There are no known cemeteries or burials on or near the Project. Although unlikely, subsurface construction activities, such as trenching and grading, associated with the proposed Project could potentially disturb previously undiscovered human burial sites.
Accordingly, this is a potentially significant impact. Although considered unlikely, subsurface construction activities could cause a potentially significant impact to previously undiscovered human burial sites. The cultural resources and Sacred Lands File records searches did not indicate the presence of human remains, burials, or cemeteries within or in the vicinity of the Project site. No human remains have been discovered at the Project site, and no burials or cemeteries are known to occur within the area of the site.
However, if human remains are uncovered during ground-disturbing activities, all work shall immediately cease within 100 feet of the find, and the Fresno County Coroner shall be contacted to evaluate the remains following the procedures and protocols set forth in CEQA Guidelines Section 15064.45(e)(1). If the remains are determined to be those of a Native American person, then the California Health and Safety Code 7050.5 and Public Resources Code 5097.98 require that the County Coroner notify the NAHC within 24 hours of discovery. 1051
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The NAHC will then identify the Most Likely Descendant, who will be afforded the opportunity to recommend treatment of the ancestral human remains.
Implementation of MM CUL-2 would ensure that the proposed Project would not directly or indirectly destroy previously unknown human remains. It is unlikely that the proposed Project would disturb any known human remains, including those interred outside of formal cemeteries. With the implementation of the mitigation measures, impacts would be less than significant.
MITIGATION MEASURE(S)
MM CUL-2: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication outlined by the NAHC, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction of the County Coroner.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant with mitigation incorporated.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.6 - ENERGY
Would the Project:
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during Project construction
or operation?
b. Conflict with or obstruct a State or local plan
for renewable energy or energy efficiency?
Discussion
Impact #3.4.6a – Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation?
Construction
Energy usage would be required to construct the proposed Project. Construction would be short-term and temporary in nature. Construction activities include standard construction processes such as grading, paving, trenching, architectural coating, and building construction. There are no unusual Project characteristics or construction processes that would require the use of equipment that would be more energy-intensive than is used for comparable activities. The primary sources of energy for construction activities are diesel and gasoline (i.e., petroleum fuels). All construction equipment is required to conform to current emissions standards and related fuel efficiencies, including applicable California Air Resources Board (CARB) regulations and California Energy Code Standards. Current regulations for construction equipment, heavy-duty equipment, and earthmoving equipment used in construction contribute to reductions in energy as well as reductions in pollutant emissions. California implemented its In-Use Off-Road Diesel Fueled Fleets regulations (off-road regulation) that apply to all self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles. The Small Off-Road Engines Program was implemented by California to apply to categories of outdoor powered equipment and specialty vehicles often used in construction.
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Operation (post-construction)
Electrical energy for the City of Visalia is supplied by Southern California Edison, and the Project would utilize all electric ENERGY STAR appliances. According to the General Plan’s Draft EIR, the availability of electricity services is not expected to become an issue during General Plan implementation. Although the utilization of green building techniques in new structures can result in less energy demand (City of Visalia, 2014b). The Project and proposed residences will not utilize natural gas; all residential units will be equipped with 450-watt solar panels, utilize all electric appliances, and will be EV-ready (pre-wired during construction to allow for installation of EV residential charger in the future). Pre-wiring homes reduces the homeowners’ cost to retrofit the home in order to use an EV vehicle.
Furthermore, the Project will adhere to all applicable CBC in design, construction, and waste management. Construction associated with the Project would be required to comply with California’s Title 24 energy efficiency requirements, which also includes the 2025 California Green Building Standards Code and other applicable City development standards. Energy demand during the construction phase would result from the transportation of materials, construction equipment, and construction worker vehicle trips. Therefore, the Project is expected to comply with General Plan policies and State energy efficiency requirements and will have a less-than-significant impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.6b – Would the Project Conflict with or obstruct a State or local plan for renewable energy or energy efficiency?
See discussion above for 3.4.6a, above. The Project will not conflict with or obstruct a State or local plan for renewable energy efficiency, given compliance with CBC and other applicable regulations, and will have a less-than-significant impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
3.4.7 - GEOLOGY AND SOILS
Would the Project:
a. Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i. Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure,
including liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the loss of
topsoil?
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d. Is it located on expansive soil, as defined in
Table 18.1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?
e. Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems in areas where
sewers are not available for the disposal of
wastewater?
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
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IZI
IZI
IZI
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Discussion
Impact #3.4.7a(i) – Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
The Alquist-Priolo Earthquake Fault Zoning Act (formerly the Alquist-Priolo Special Studies Zone Act) requires the delineation of zones along active faults in California. The purpose of the Alquist-Priolo Act is to regulate development on or near active fault traces to reduce the hazard of fault rupture; however, surface fault rupture is not necessarily restricted to the area within the Alquist-Priolo Zone. The Alquist-Priolo Act prohibits the location of most structures for human occupancy across active fault traces. Within these zones, cities and counties must regulate certain development, which includes withholding permits until geologic investigations demonstrate that development sites are not threatened by future surface displacement. There are no designated Alquist-Priolo zones in the City of Visalia.
The Project site is identified in the City General Plan as being located within a seismically stable region of the State (City of Visalia, 2014b). While the southern San Joaquin Valley contains some small faults, the closest of these is 30 miles away, and none are known to be active. In comparison to many regions in California, Visalia exhibits relatively little tectonic activity. The major fault systems in the area include the San Andreas Fault, located 75 miles away from Visalia, and the Owens Valley Fault Group, located east of the Sierras and more than 125 miles away from the City. No active or potentially active faults are known to exist within the Planning Area. The San Andreas and Owens Valley fault systems would not be expected to cause surface fault rupture in the Project area and therefore have a less-thansignificant impact.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.7a(ii) – Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking?
Ground movement during an earthquake can vary depending on the overall moment magnitude, distance to the fault, focus of earthquake energy, and type of geologic material.
As a rule, the greater the earthquake magnitude and the closer the fault rupture to the site, the greater the intensity of ground shaking. However, different geologic materials respond 1056
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differently to earthquake waves. The composition of underlying soils, even those relatively distant from faults, can intensify ground shaking.
The California Geological Survey and U.S. Geological Survey conduct a Probabilistic Seismic Hazard Analysis based on historic earthquakes, slip rates on major faults, and deformation throughout the region, and the potential for amplification of seismic waves by near-surface geologic materials. The resulting earthquake shaking potential is used in developing building code design values, estimating future earthquake losses, and prioritizing earthquake retrofit.
According to the City’s General Plan, the City experiences low levels of shaking, with less frequency, and is expected to damage only weaker masonry buildings. However, very infrequent earthquakes could still cause strong shaking, but with the implementation of Title 24 building requirements and City development standards, impacts would be minimal.
Therefore, Impacts would be less than significant related to seismic events.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.7a(iii) – Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction?
See discussion of Impact #3.4.7a(i) and (ii) above.
Liquefaction is defined as a phenomenon where earthquake-induced ground vibrations increase the pore pressure in saturated, granular soils until it is equal to the confining, overburdened pressure. When this occurs, the soil can completely lose its shear strength and enter a liquefied state. The possibility of liquefaction is dependent upon grain size, relative density, confining pressure, saturation of the soils, and intensity and duration of ground shaking. In order for liquefaction to occur, three criteria must be met: “low density,” coarsegrained (sandy) soils, a groundwater depth of less than about 50 feet, and a potential for seismic shaking from nearby large magnitude earthquakes. The General Plan Draft EIR states that no specific liquefaction hazard areas have been identified in the Planning Area; however, the potential for liquefaction is recognized throughout the San Joaquin Valley in locations where the water table is high. Soils in the Visalia area have few limitations with regard to development. Due to low clay content and limited topographic relief, soils in the City have low expansion characteristics. Therefore, considering the Project is not near active faults, as discussed in Impact #3.4.7a(i) and (ii), and would comply with all applicable local, State, and federal regulations, the Project would result in a less-than-significant impact.
MITIGATION MEASURE(S)
No mitigation is required.
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LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.7a(iv) – Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? The Project site is currently under row crop and orchard cultivation, and is on relatively flat land, with no significant topological features. The Project site is designated as ‘Very Low Landslide Potential’ by the U.S. Landslide Inventory and Susceptibility Inventory (United States Geological Survey, 2025). Therefore, there is a very low to no likelihood of landslides occurring on the Project site, and impacts are less than significant.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.7b – Would the Project result in substantial soil erosion or the loss of topsoil? Soil erosion occurs when soil is removed by wind and water at a greater rate than it is formed. Soil erosion removes the topsoil first and can continue to transport lower layers.
Future development and creation of new impervious surfaces also have the potential to contribute to increased stormwater runoff, which could make soil erosion more severe if stormwater is not handled properly. Soil erosion at construction sites can increase sedimentation in nearby streams and drainage channels.
Soil erosion can lead to sedimentation of watercourses, eventually having an adverse impact on water quality and aquatic life. Furthermore, once erosion occurs, it may be difficult for natural vegetation to reestablish itself. The loss of topsoil to erosion is detrimental to agriculture and other landscaping. The risk of erosion is greatly increased during grading and construction activities and agricultural practices, when soils are loosened and bare of vegetation. According to the General Plan Draft EIR, a soil’s “K factor” indicates its inherent susceptibility to erosion by water, without taking into consideration slope or groundcover factors (City of Visalia, 2014b). Values of K range from 0.02 to 0.69; the higher the value, the more susceptible the soil is to erosion by water. A majority of the Project site is located within an erosion susceptibility (Kw factor) designation of ‘Medium’(0.24 to 0.37), due to the proximity to Cameron Creek.
Construction activities associated with the proposed Project will disturb surface vegetation and soils and expose these disturbed areas to erosion by wind and water. To reduce the potential for soil erosion and loss of topsoil during construction, the Project would comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit issued by the State of California Central Valley Regional Water Quality Control Board 1058
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(RWQCB). Under the NPDES, the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) are required for construction activities that would disturb an area of one acre or more. A SWPPP must identify potential sources of erosion or sedimentation and identify and implement best management practices (BMPs) that ensure reduced erosion. Typical BMPs intended to control erosion include sandbags, silt fencing, street sweeping, etc. Any stockpiled soils would be watered and/or covered to prevent loss due to wind erosion as part of the SWPPP during construction.
The Project will comply with all the City’s grading requirements outlined in Title 24 and Appendix J of the California Building Code. The Project is not expected to result in substantial soil erosion or the loss of topsoil with the incorporation of BMPs required under the SWPPP and grading requirements under the City’s development review.
Once constructed, the Project will have both impermeable surfaces and permeable surfaces.
Impermeable surfaces would include existing roadways, driveways, and structures.
Permeable surfaces would include open areas of the site and landscaped areas. The Project will incorporate permeable surfaces like landscaping areas, open space, and an approximately 1.50-acre stormwater basin (Outlot G) in the southeast corner of the Project site. Stormwater basins are intended to maintain stormwater on the site, reduce erosion, and allow stormwater to percolate for groundwater recharge. Overall, the development of the Project would not result in conditions where substantial surface soil would be exposed or lost due to wind and water erosion. Impacts would be less than significant.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
Impact #3.4.7c – Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? See above discussions under Impact #3.4.7 (a)(i) through (iv) and (b). The Project will have a less-than-significant impact on existing State and local requirements and standards.
MITIGATION MEASURE(S)
No mitigation is required.
LEVEL OF SIGNIFICANCE
Impacts would be less than significant.
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Impact #3.4.7d – Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Expansive soils have the potential to shrink or swell significantly with changes in moisture content, which can limit the development capacity of an area. The type and amount of the silt and clay content in the soil will determine the amount of shrinkage or swelling associated with the various levels of water content. Soils comprised of sand and gravel are not expansive soils.