Agenda Item Wording:
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General Plan Reserve Area Discussion and Appropriation Authorization - Receive report on the Reserve area and appropriate $170,000 to conduct Capital Improvement Project to hire a consultant to help with identifying and establishing land use designations for the Reserve area and update the General Plan and issue corresponding Request for Proposals.
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Deadline for Action: 2/18/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713 4025,
Devon Jones, Economic Development Manager, devon.jones@visalia.city <mailto:devon.jones@visalia.city>, (559) 713 4190
Department Recommendation:
Receive the staff report and presentation on the Reserve area as designated in the 2030 Visalia General Plan, and direct the following:
1. Appropriate an additional $170,000 to the budgeted Capital Improvement Project (CIP) #CP0671 which is listed at $130,000 given the full project scope and anticipated cost associated with this type of general plan update, and
2. Issue a Request for Proposals (RFP) to solicit planning consultants to help with identifying and establishing land use designations for the Reserve area and processing the appropriate environmental document.
Summary:
At the February 3rd City Council meeting staff presented the results of the Industrial Land Inventory Analysis (ILIA) conducted by 4 Creeks, Inc., which was conducted under CIP #CP0536. One of the main recommendations of the ILIA was to designate 405 acres of additional industrial land within the Reserve area located near State Route (SR) 99 and Caldwell and SR99. Doing so will address the anticipated shortfall of available industrial development space through 2033 and ensure the City could continue to realize industrial development opportunities. The Reserve area is particularly suitable for this designation due to its proximity to SR99 and the Caldwell Avenue interchange, enhancing transportation connectivity. Furthermore, the site’s proximity to the airport provides a unique opportunity to leverage this asset for specialized manufacturing or uses that benefit from air freight services.
Staff would further note that there is extensive interest from property owners who own property in the Reserve area who are seeking to develop their property with urban uses. There have been two development considerations submitted through the County of Tulare’s land review process due to this area not having designated land uses under Visalia’s General Plan. These actions have led staff to issue letters informing the County of the City’s intent to seek Council direction on proceeding with establishing land use designations within the Reserve area. In addition, these letters also noted the City’s objection to any County supported development proposal due to the City’s desire to oversee development of this area under the City’s jurisdictional purview and development standards, including servicing this area with adequate infrastructure (i.e., sewer, water, regional storm management, etc.). More information will be provided in the “County Proposals” section of the report below.
History of the Reserve area:
The Reserve area is in the southwest quadrant of the community and is bounded by the Visalia Airport and Walnut Avenue to the north, Caldwell Avenue to the south, Roeben Street to the east and SR 99 to the west and consists of approximately 980 acres. Please note the 405 acres as noted in Recommendation No. 1 of the ILIA only consist of those parcels adjacent to airport property and north of Caldwell Avenue and west of Shirk Street.
A map of the Reserve area is attached to this report for reference (see Attachment 1). During the adoption of the 2030 Visalia General Plan, the City Council elected to forgo establishing land use designations in this southwest quadrant of the City that were tentatively designated as “Specialty Regional Retail” and “Airport Industrial” (see draft land use diagram from 2013 attached) to a non-specific “Reserve” land use designation.
The City Council, at that time, concluded that this Reserve area would remain agriculture for the foreseeable future. The Reserve land use designation would be analyzed in the General Plan EIR as Commercial land use since that was the most intensive land use relative to potential environmental impacts. The City Council also directed staff to draft Land Use policies corresponding to this designation in concert with their vision for the circumstances under which either or both areas would develop in the future. For instance, Land Use Policy LU-P-33 in the adopted General Plan identifies variables that the City Council can consider when considering new urban uses in this area. If Council concludes there are several factors warranting further analysis, they may direct staff to begin the process of identifying land uses for the Reserve area.
Land Use Policy (LU-P) 33 specifically states:
- Designate land areas for future development to be considered (if at all) under separate criteria from Citywide growth under Policy LU-P-19 (Urban Boundaries). These areas shall be designated for “reserve” and remain in agricultural zoning until they are designated and pre-zoned for an appropriate urban land use through the City’s General Plan Amendment and Change of Zone process. These areas may be re-designated and pre-zoned for an appropriate urban use upon the following findings as reviewed by the Planning Commission and decided on by the City Council:
1. The proposed uses and intensity of development are consistent with all applicable policies and constraints as contained in the Visalia Airport Master Plan.
2. Property is adequately served or will be adequately served by public facilities including streets, sewerage, police and fire protection, water supply, and other required facilities to be fully funded by the proposed development(s).
3. Properties located within the previous development boundary or under the land use designation being proposed within the area are already being developed, or do not provide the likelihood of being developed in a timeframe appropriate to meet the needs of the community.
4. Properties are determined to provide a significant social economic benefit to the community.
5. There is determined to be a Community-level need for the proposed use, including lack of sufficient acreage already designated for the proposed scale and intensity of the proposed use.
The substantial amount of Reserve acreage was established based upon anticipation that future growth would extend from the immediate Airport zoned land and eventually south and eastward to both sides of Caldwell Avenue. Land uses that could be considered in this area include Industrial, Commercial and Residential. Based on the policy language and the findings as noted above, staff believes based on current development trends Citywide, development occurring in both Tiers 1 and 2 of the City’s urban development boundaries, and the analysis provided in the ILIA, beginning the process of identifying and adopting land use designations is warranted at this time given the level of interest from property owners who own property in the Reserve area who are seeking to develop their property with urban uses under the County’s review process and subject to the City and County Memorandum of Understanding. The City’s interest in seeing development occur in the Reserve area, based on appropriate land use designations consistent with the General Plan and surrounding uses, is paramount to ensuring that development of this area is consistent, compatible with, and complimentary to the city as a whole.
Airport Safety Zones:
Due to the Reserve areas proximity to the City’s airport, identifying land use designations within this area has to consider that the proposed land use designations are consistent with the adopted Tulare County’s Comprehensive Airport Land Use (CALUP). The City’s airport zone regulations follow CALUP which includes a comprehensive list of compatible (allowed) vs. prohibited land uses per airport Safety Zone. Attached to this report for reference is a map of the Visalia Airport’s Safety Zones in addition to property ownership in the Reserve area. As you will notice, the Reserve area includes several airport safety zones within this area that will dictate the appropriate land use designation based on compatibility requirements within these zones.
According to the CALUP airport land use compatibility matrix, here are some examples of compatible land uses per safety zone in the Reserve area:
- Safety Zone 1 - agricultural crop production, vehicle storage and parking;
- Safety Zone 2 - crop processing and packaging, wineries, vehicle and parts sales*, building materials sales*, office buildings*, equipment repair, personal services*, health clinics*, manufacturing** (indoor process), and warehousing and distribution;**
o * In areas where aircraft noise is expected to exceed 60 dB CNEL (Community Noise Equivalent Level); Non-residential structures such as offices, restaurants and retail stores must meet an interior noise level of 50 dB CNEL or less.
o ** Allowed if dust, fumes, and other aspects of the process are carried out in a controlled environment.
- Safety Zone 3 - small retail commercial center*, gas service station, restaurants*, general retail stores*, office buildings*, personal services*, health clinics*, manufacturing** (indoor process), and warehousing and distribution;**
o * In areas where aircraft noise is expected to exceed 60 dB CNEL; Non-residential structures such as offices, restaurants and retail stores must meet an interior noise level of 50 dB CNEL or less.
o ** Allowed if dust, fumes, and other aspects of the process are carried out in a controlled environment.
- Safety Zone 4 - same examples as Safety zone 3;
- Safety Zone 6 - single family residential*, electric power plants (including solar), office buildings, health clinics**, manufacturing*** (indoor process), and warehousing and distribution.***
o * In areas where aircraft noise is expected to exceed 60 dB CNEL; inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.
o ** In areas where aircraft noise is expected to exceed 60 dB CNEL; Non-residential structures…must meet an interior noise level of 50 dB CNEL or less.
o *** Allowed if dust, fumes, and other aspects of the process are carried out in a controlled environment.
Property Owners:
There are 22 unique property owner groups across the 46 parcels that make up the Reserve area. Below and attached, please find an exhibit that indicates property owners and shows known development interests as well (additional details provided below in “County Proposals” section).
County Proposals:
To staff’s knowledge, there has been interest in four development projects in the Reserve area, expressed through the Tulare County Project Review Committee over the last several years. In these instances, the City is notified by the County to provide any applicable comments. In each case, the City has stated that the Reserve land use designation indicates the City’s intent to establish active land use designations for this area. In addition, the City objects to any County supported development proposal due to the City’s desire to eventually oversee development of this area under the City’s jurisdictional purview and development standards, including servicing this area with adequate infrastructure (i.e., sewer, water, regional storm management, etc.). Below and attached is more detail on these development interests.
Sequoia Gateway: (amended specific plan 2022)
The Sequoia Gateway Commerce Center project is a specific planned development that has begun developing in the County. Currently, there is a gas station/convenience store and Dutch Bros coffee shop. There are many other elements potentially underway, such as medical office uses, restaurants, and a hotel, but staff is not aware of specific timeframes for these next developments. Attached please find the proposed site plan included in the updated specific plan from 2022 when Great Wolf Lodge was considering the site. The development agreement between Tulare County and Sequoia Gateway, LLC expressly states a consent to annexation into the City, subject to the City’s acceptance of the terms and conditions of their specific plan and the development agreement itself. Therefore, the City would essentially accept the Sequoia Gateway specific plan for this portion of the Reserve area.
Faria and Sons: (2020 and 2021)
A proposed Tulare County Zone Change from AE-20 to C-2/3 on two parcels totaling approximately 75 acres to develop a variety of commercial buildings. Attached please find a conceptual site plan for the proposed commercial development. It includes commercial retail, office, medical office, a gas station and convenience store, drive thru restaurants, restaurants, and hotels. Several uses proposed are prohibited in Airport Safety Zone 3, of which a portion of this proposed project is in.
Dhillon: (2024)
A proposed gas station and convenience store on a 17.81-acre parcel that is located in the Tulare County AE-20 zone. The approximate 2-acre project site is located on the northeast corner of Shirk Street and Caldwell Avenue. The applicant has been informed that the proposed project site is within Airport Safety Zone 2 and as such, the gas station project would be prohibited. City staff has since spoken with the applicant and they are interested in commercial development of some sort on their property that aligns with the Airport Safety Zones and eventual land use designations of their property.
Vander Weerd: (2021 and 2024)
This is named the High Sierra Estates single-family residential project. This was also submitted to the city’s Site Plan Review (i.e., SPR25-012) in January 2025. Attached please find the site plan that was submitted to site plan review which also reflects the site plan submitted to the Tulare County Project Review Committee. The proposed single family residential development entails 57 single-family lots, each approximately 1 acre in size on an approximate 80-acre site. The proposed site is currently operating Shirk Dairy and is located east of Shirk Street and along the eventual extension of Whitendale Avenue. The site is in Airport Safety Zone 6 and as such, single family residential development would be compatible if inhabited residential structures meet California Noise Standards and are designed to achieve an interior noise level of 45 dB CNEL or less, if aircraft noise is expected to exceed 60 dB CNEL in this area.
Master Plan vs. Specific Plan:
The two terms are often used interchangeably throughout the City’s Zoning Code provisions. However, under state law, and by extension the City’s Municipal Code, the two terms are not synonymous terms in the Land Use and Zoning vernacular. In short, Specific Plans are creations of California State Planning and Zoning law (CGC 65454), which contain detailed definitions, standards and criteria for this type of land use entitlement. Conversely, Master Plans are not referenced in state Planning and Zoning law. Consequently, their definition, purpose, and tangible entitlement value are whatever the City determines them to be through its Municipal Code.
Master Plans - Visalia Municipal Code: Are not defined or formally recognized in State Planning law (nor are they defined in the City Zoning Code). The term “master plan” means a physical document or product when used in the land use document context. The term can also denote the end result of a process (master planned and planning). The term “Master Plan” is broadly defined in its use and has no one specific purpose or standing. In some jurisdictions, the local General Plan is referred to as a Master Plan. However, most commonly, a Master Plan is a planning tool that typically covers a smaller, more localized area or a single site. A Master Plan will typically include zoning regulations and development standards. Master Plans will include a graphic conceptual layout of the plan area. The conceptual layout identifies allowable land uses and expected development for the Plan area. Being under the umbrella of the local General Plan, a Master Plan cannot be adopted unless it is determined to be consistent with the General Plan.
Specific Plans - Visalia Municipal Code: Are defined and regulated by State Planning and Zoning Law (Government Code Sections 65450-65457 <https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=3.&article=8.>), and in Chapter 12.04 of the Municipal Code. What is unique about a Specific Plan is that it combines a policy document (ex. goals, policies and programs) with a regulatory document (ex. zoning ordinance). Specific Plans serve as a standalone planning document, replacing the General Plan and citywide zoning ordinance for the Specific Plan area. By law, a Specific Plan is required to include:
• Diagrams depicting the proposed project and the area affected by the Specific Plan and identified land uses.
• The development uses being proposed, and their process for entitlement (permitted by right or conditionally allowed) and the proposed distribution of land uses if the Specific Plan proposes multiple land uses (i.e., residential, commercial, public, industrial).
• Provide site-specific land use regulations including architectural / design standards for commercial and industrial development.
• A plan for infrastructure and services to support the Specific Plan.
• A financing plan to carry out the project.
• A statement of the Specific Plan’s consistency with the City’s General Plan.
As noted above, the City has resolved the basic question of when a Specific Plan is necessary for entitling a development project, or for setting forth the detailed land uses and infrastructure financing for certain areas of the City. However, it can be safely concluded that an adopted Specific Plan provides legally binding entitlements for properties included in the Specific Plan area. A Specific Plan also incurs a level of obligation (both monetarily and with development standards that exceed typical Zoning standards) in exchange for those entitlements. Once adopted, a Specific Plan remains in effect and binding on all property owners as well as on the City in perpetuity, unless it is amended or revoked by formal action by the City Council.
A summarization of the differences between a Master Plan and Specific Plan are noted in the table below.
Key Differences:
|
Feature |
Master Plan |
Specific Plan |
|
Scope |
Broad, citywide or regional |
Focused on a defined area |
|
Purpose |
General vision and framework |
Implements specific policies for an area |
|
Detail Level |
General guidelines |
Detailed land use, zoning, and infrastructure plans |
|
Legal Status |
Advisory (guiding document) |
Regulatory (has enforceable standards) |
|
Implementation |
Leads to zoning updates & policies |
Directly governs development in the area |
Based on the information as noted above, staff recommends the Reserve update be done under the auspices of a Specific Plan given the level of detail the Specific Plan process affords property owners, the community, and staff on how and when this area develops over time.
Environmental Review:
Staff anticipates the proposed update to designate land uses in the Reserve area will require an extensive environmental process due to several factors including recent legislation that impacts industrial development. Although the City’s General Plan Environmental Impact Report (EIR) analyzed this area as Commercial land use since that was the most intensive land use relative to potential environmental impacts, the consideration of establishing new land uses in the Reserve area under today’s environmental factors should be analyzed with consideration on several new mandates enacted at the State level including Vehicle Miles Traveled (VMT) and Assembly Bill [AB] 98. These new laws have drastically shifted the landscape on transportation and industrial development that were not enacted when the City adopted and certified the General Plan’s EIR.
Environmental Impact Report (EIR)
An EIR provides comprehensive environmental analysis, making it more defensible in court if challenged. In addition, EIRs are used to identify feasible alternatives and mitigation measures to reduce significant impacts while also providing a well-documented environmental record, thereby reducing the risk of future challenges after approval. However, staff would also acknowledge that this type of process is extensively costlier and lengthier due to required studies, public comment periods, and agency reviews.
Whereas the preparation of a Mitigated Negative Declaration (MND) may seem like the favorable process, MNDs also come with their own risk when using this type of environmental document for a project of this size. Concerns related to the preparation of an MND include being more susceptible to legal challenges, as courts may find an EIR necessary if there is any uncertainty about impacts, mitigation measures that may prove to be ineffective or infeasible, which may result in additional environmental review, and unlike an EIR, an MND does not require an analysis of project alternatives, potentially missing better solutions.
Based on those findings and given the changes in the regulatory framework and requirements under CEQA, staff concludes the preparation of an EIR will be warranted for this update process.
Fiscal Impact:
CP0671 is currently budgeted for $130,000 but given the full project scope and expected cost associated, staff is requesting an additional budget appropriation of $170,000 from the General Fund.
Prior Council Action:
On February 3, 2025, the City Council received the ILIA report and requested staff to come back to discuss potentially proceeding with the recommendations of the report.
Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Direct staff to not process any planning land use updates to the Reserve Area.
2. Continue the matter of a future City Council hearing for additional information. Per Council direction
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to receive the staff report and presentation and authorize the appropriation of an additional $170,000 from the General Fund to the budgeted CIP #CP0671 and direct staff to issue a Request For Proposals to solicit planning consultants to provide necessary services to complete CP0671.
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Environmental Assessment Status: The staff report is exempt from California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”).
CEQA Review: This item is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The analysis conducted is not for any particular project or action that would result in a potentially significant physical impact on the environment.
Attachments:
1. Reserve Area Map
2. 2013 Draft Land Use Diagram
3. TC ALUP Land Use Compatibility Matrix
4. Faria and Sons Site Plan
5. Sequoia Gateway Amended Overall Site Plan
6. High Sierra Estates Site Plan
7. Property Owner and Known Project Map