Porterville City Council
March 21, 2023

Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.

3. Acknowledgements.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

5. [RESERVED]

6. [RESERVED].

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.

2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.

3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.

4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.

Environmental:

1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.

2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

8. [RESERVED].

9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

10. [RESERVED].

11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

12. [RESERVED].

13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].

16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.

19. Access and Inspection. In addition to the obligations set forth in section 2 of the General Terms and Conditions incorporated in Exhibit C of this Agreement, the Recipient must ensure that the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during the term of the Agreement.

20. Fraud, Waste, and Abuse. The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.

21. Disputes. The Recipient must continue with the responsibilities under this Agreement during any dispute.

The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.

This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

22. Additional Representations and Warranties. The Recipient makes the following representations and warranties:
a. [RESERVED].
b. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application, a material fact that makes the statements in its application not misleading.
c. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
d. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the Cover Page.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph. k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.

23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).

Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.

Item No. 15.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Modification to Conditional Use Permit 10-88 and Classification of Nonconforming Use for Krayola Korner
SOURCE: Community Development
BACKGROUND: The Krayola Korner daycare currently operates at 420 N. E Street (APN 252-160-006). The use was originally authorized by Conditional Use Permit (CUP) 10-88, which was approved in 1989 by adoption of Resolution 11-89 and authorized operation of a childcare facility within the existing single-family residential structure on the site. Per conditions of the Fire Marshal, activities were limited to the first floor of the structure. The 545-square-foot (SF) accessory structure at the rear of the property was modified later in 1989 for use as a classroom. While that expansion should have required a modification of the CUP, it was approved via a building permit.

COMMENT: The applicant proposes to expand the accessory structure by 925 SF to include additional classroom space, a breakroom, and restrooms, bringing the total area of that structure to 1,470 SF. The Project Review Committee reviewed the proposed expansion on July 20, 2022, and determined that the expansion is subject to a modification of CUP 10-88. Under current provisions, the use falls within the definition of “Day Care Center”:

Establishment providing non-medical care for persons on a less than 24- hour basis other than Family Day Care Home. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

Day Care Centers are no longer identified as a permitted use in the RM-3 (High Density Residential) Zone District, which makes this use considered non-conforming and the expansion of the use requires the City Council to classify the non-conforming use for the purpose of determining whether to permit substitution or expansion. As outlined in the Porterville Development Ordinance Section 307.06 Classification of Non-conforming Uses, the classification may be either a Class I or Class II.

Class I non-conforming uses are designated by the Council following a Public Hearing and based on findings that:
1) The existing non-conforming use was legally established; The use was lawfully established by action of the City Council at its meeting on January 3, 1989 via adoption Resolution No. 11-89, which approved Conditional Item No. 15.

Use Permit 10-88 for a childcare facility within an existing residential structure at 420 N. E Street (APN 252-160-006).
2) The proposed expansion or substitution of the non-conforming use would not be detrimental to public health, safety, or welfare; The proposal consists of minor expansion to an existing day care facility. The project is required to comply with City requirements related to zoning; public facilities, services, and utilities; and improvement standards. These mechanisms are intended to minimize effects of development on nearby properties and uses.
3) The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City Plan; The RM-3 zone is the implementing zone for the High Density Residential Land Use Designation. Via the procedure established in Development Ordinance Section 307.06, the Council may classify a use as non-conforming and thereby allow for its expansion. The proposed expansion is therefore consistent with the General Plan. There is no other applicable plan.
4) The proposed use will not depress the value of nearby properties; The proposed use consists of a minor expansion of an existing use. Child care facilities such as the existing/proposed facility are generally compatible with residential uses. The use would be required to comply with all applicable City requirements, and would not negatively affect property values.
5) No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform. Strict application of the Development Ordinance would result in the existing facility, without expansion, simply continuing to operate as an unclassified non-conforming use.

Class II non-conforming uses include any legally established nonresidential use that involves the following:
1) Storage, use, or generation of hazardous materials, processes, products, or wastes;
2) Activity that may be detrimental to public health and safety because of the potential to create dust, glare, heat, noise, noxious gases, odor, smoke, vibration;
3) Conditions that would be incompatible with surrounding uses; or 4) Any non-conforming Sexually Oriented Business.

The findings for Class II Nonconforming Use do not apply.

Further, the requested building size of 1,470 SF is 270 SF above the maximum allowed size for accessory structures within residential districts.

The Zoning Administrator has the authority to consider allowances to this limitation.

Item No. 15.

ANALYSIS: The non-conforming daycare use falls within the criteria of the Class I nonconforming classifications, so the Council may take action accordingly.

The expansion of the accessory structure beyond 1,200 SF may be permitted pursuant to Council discretion. Previous accessory structure Zoning Administrator approvals have been allowed up to 1,800 SF.

Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:

A. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the general plan and any other applicable plan that the city has adopted. The project will further the following General Plan policies:
• LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city.
• LU-G-3: Promote sustainability in the design and development of public and private development projects.
• LU-G-5: Ensure that new development pays for the public pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.
• ED-G-2: Retain, improve, and promote existing businesses in Porterville.
• ED-G-5: Retain existing local businesses and foster local start-ups. • ED-G-7: Create an image for Porterville that will attract and retain economic activity.

There is no other applicable plan.

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council. While the existing/proposed use is no longer a permitted or conditionally-permitted use in the RM-3 zone, Council action to classify the use as a Class I Non-conforming use then authorizes expansion or modification of that non-conforming use via conditional use permit. The use and structures are required to comply with all other applicable provisions of the RM-3 zone, which is the implementing zone for the High Density Residential Land Use and are therefore consistent with the General Plan.

ENVIRONMENTAL
REVIEW:

The proposed project is exempt from the California Environmental Quality Act per CEQA Guidelines Section 15301 (Existing Facilities), as it involves the expansion of an existing use by not more than 10,000 SF in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and it is not in an environmentally sensitive area. A Notice of Exemption will be filed with Item No. 15.
the Tulare County Clerk and the State Clearinghouse should Council approve the project.

RECOMMENDATION: That the City Council:
1) Finds the proposed project exempt from CEQA under CEQA Guidelines Section 15301;
2) Classify the existing Daycare as a Class I Nonconforming Use; and
3) Adopt the draft Resolution approving the modification to Conditional Use Permit 10-88 for Krayola Korner, subject to conditions of approval.

ATTACHMENTS: 1. Draft Resolution

2. Project Site Plan

3. Locator Map

4. Zoning Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
RESOLUTION NO.____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A
MODIFICATION TO CONDITIONAL USE PERMIT 10-88 (RESOLUTION 11-89) AND

CLASSIFICATION OF A LEGAL NON-CONFORMING USE (CLASS I)
FOR KRAYOLA KORNER.

WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of January 3, 1989, conducted a public hearing and approved a Conditional Use Permit 10-88 for a childcare facility at 420 N. E Street (APN 252-160-006); and WHEREAS: the applicant wishes to expand the existing accessory structure to facilitate the addition of a classroom, a breakroom, and restrooms; and WHEREAS: The existing and proposed use falls within the definition of “day care center”, which use is no longer permitted or conditionally-permitted in the RM-3 zone district; and
WHEREAS: pursuant to Porterville Development Ordinance Section 307.06, the Council may classify certain non-permitted uses as either Class I or Class II Nonconforming Uses subject to criteria; and
WHEREAS: A ten (10) day Public Hearing notice was posted of the Porterville Recorder on March 11, 2023 and mailed to the adjacent properties within a 300-foot radius of the subject site; and
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of March 21, 2023, conducted a public hearing to consider approval of a Modification Conditional Use Permit 10-88 for expansion of use and classification of a legal non-conforming use; and
WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to this matter; and
WHEREAS: On March 9, 2023, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality act per CEQA Guidelines Section 15301 Existing Facilities; and
WHEREAS: The City Council makes the following findings pursuant to Porterville Development Code Section 307.06 for a Class I Nonconforming Use, the evidence for said findings substantiated in the record:
1) The existing nonconforming use was legally established; 2) The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;

Resolution No. ___-2023

3) The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City Plan;
4) The proposed use will not depress the value of nearby properties; and 5) No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.

WHEREAS: The City Council made the following findings pursuant to Porterville Development Code Section 604.04, the evidence for said findings substantiated in the record:

A. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the general plan and any other applicable plan that the city has adopted.

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

1. The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301, Existing Facilities.

2. The use of the site and structures as a day care facility is hereby classified as a Class I Nonconforming Use.

3. Conditional Use Permit 10-88 is hereby modified to allow expansion of the existing use as described in the record for this application.

4. The existing conditions of approval for Conditional Use Permit 10-88 shall remain in full force and effect unless expressly or impliedly superseded by approval of this modification. Any future change in operation which substantially alters the conditions or nature of the subject business will require approval by the City Council.

5. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee (PRC) meeting held on July 20, 2022 and as outlined in the Project Review Committee (PRC) letter for PRC 2020-017.

6. The cumulative floor area for accessory structure shall not exceed 1470 square feet, as approved by the Zoning Administrator in conformance with Porterville Municipal Code (Development Code) Section 602.04.

PASSED, APPROVED AND ADOPTED this 21st day of March, 2023.

Resolution No. ___-2023

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
BY __________________________________
Patrice Hildreth, Chief Deputy City Clerk

Item No. 16.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: 2022 Housing Element Annual Performance Report SOURCE: Community Development
COMMENT: Pursuant to Government Code Section 65400(a)(2), each governing body is required to prepare an annual report on the status and progress of implementing the jurisdiction’s Housing Element of the General Plan. Housing Element Annual Progress Reports (APR), using forms and definitions adopted by HCD, are due annually by April 1st, covering the preceding calendar year. The attached report evaluates the progress made towards implementation of the 2015-2023 Housing Element programs and housing production during the time period between January 1, 2022 and December 31, 2022.

In 2015, the City Council adopted, and the California Department of Housing & Community Development (HCD) certified, the City of Porterville 2015-2023 General Plan Housing Element. The Housing Element is one of the many chapters of the City’s General Plan. The General Plan is a State-mandated comprehensive, long-term planning document that addresses a multitude of land use-related issues designed to provide policy guidance. The Housing Element addresses present and future housing opportunities for Porterville residents. The Housing Element is the only General Plan Element that requires review and certification by HCD. Additionally, State law requires local jurisdictions to update the Housing Element every eight years and to file an annual Housing Element progress report to HCD and the Governor’s Office of Planning & Research (OPR) by April 1 of each year.

The Annual Report, identifies Porterville’s Regional Housing Needs Assessment (RHNA) allocation and self-stated housing production goals (referred to as the “Quantified Objective”). The completed Housing Element Annual Progress Report describes the following:
• Progress made towards meeting these goals, quantified by the total number of building permits issued for new housing units during the reporting year, and the total number of housing units entitled and completed; and • Status of other action items outlined in the Housing Element’s Implementation Program.

During the 5th RHNA (Regional Housing Needs Assessment) planning period, the City has made progress on Housing Element program implementation and has seen an increase in housing unit approvals and production. The RHNA goal for the 5-year period was 3,196 housing units and the City was able to achieve 830 housing units. For the time period of January 1, 2022 through December Item No. 16.
31, 2022, the City deemed complete and approved planning entitlement applications for 201 new units, including single family residential and accessory dwelling units of which 128 are low income units. The City is also currently working to process entitlement applications for four multi-family residential projects and six Single family units that total fifty-six (56) new housing units.

Following Council receipt of the Housing Element Progress Report, the Report will be sent to OPR and HCD for their review/filing.

RECOMMENDATION: 1. That the City Council review the 2022 Annual Housing Element Progress Report and direct the Community Development Department to submit the report to the California Department of Housing and Community Development (HCD) and the
Governor’s Office of Planning and Research (OPR).

ATTACHMENTS: 1. Draft 2022 Housing Element Annual Progress Report

2. California Government Code 65400
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 56 56 0 0 245-040-038 2296 Henderson
Ave Smee Homes PRC2020-001 5+ R 1/17/2020 10 10 No No No Pending Pending Final Map 253-080-025, -026 685 E. Morton Shires Subdivision PRC2020-011 SFD O 3/19/2020 61 61 No No No Pending Project was not approved nor rejected; returned to de 245-410-090 Unassigned Henderson Village PRC2020-018 5+ R 6/5/2020 104 104 104 No No No Approved Pending Building Permits 0 240-060-005 Unassigned Unnamed Subdivision PRC2020-030 SFD O 8/26/2020 327 327 No No No Pending Project was not approved nor rejected; returned to de 261-294-006 Unassigned Unnamed MultiFamily PRC2020-040 5+ R 10/21/2020 10 10 No No No Approved Pending Building Permits 245-010-087 Unassigned Lombardi Subdivision PRC2020-044 SFD O 12/11/2020 261 261 No No No Pending Pending Final Map and Buiding Permits 261-322-064 Unassigned River View Villas PRC2020-047 SFD O 12/16/2020 78 78 No No No Pending Pending Final Map and Buiding Permits 269-060-020
Unassigned Villas at Sierra Meadows
4 & 5 Subdivision PRC2020-048
SFD O
12/16/2020
99 99 No No No Pending
Project was not approved nor rejected; Pending Tula
245-150-055 Unassigned Mission Communities PRC2021-014 5+ R 4/7/2021 120 120 No No No Pending Project was not approved nor rejected; returned to de 246-112-014 861 W Mulberry
Ave Mulberry Gardens PRC2021-020 5+ R
6/2/2021
98 98 No No No Pending
Project was not approve nor rejected; returned to des
246-080-032 Unassigned Carolita Apartments PRC2021-023 5+ R 6/11/2021 68 68 No No No Pending Currently under construction 240-092-011 115 N Westwood
Ave Link MFR PRC2022-002 2 to 4 R 2/23/2022 6 6 No No No Pending Project was not approved nor rejected; Peturned to d
240-102-006 45 N Westwood Gundran Apartments PRC2022-013 2 to 4 R 7/6/2022 4 4 No No No Pending Project was not approved nor rejected; Peturned to d 246-070-095 Unassigned Westfield Apartments PRC2022-022 5+ R 8/31/2022 28 28 No No No Pending Project was not approved nor rejected; Peturned to d 247-160-031 Unassigned Evergreen Apartments PRC2022-025 5+ R 10/12/2022 12 12 No No No Pending Project was not approved nor rejected; Peturned to d 245-540-053 Unassigned Bareng Subdivision PRC2022-053 SFD R 11/19/2022 6 6 No No No Pending Project was not approved nor rejected; Peturned to d 260-242-012 358 South E Street Finca Serena PRC2022-033 5+ R 9/27/2019 63 15 2 80 80 No Yes Yes Approved Under Construction to be completed in 2023 253-050-007 Unassigned Terraza PRC2017-048 5+ R 9/15/2017 57 57 No No No Pending Applicant is resubmitting a tentative map in order to o 245-550-001 & 245-520-
042
1120 N. Westwood St Westwood Paradise PRC2018-049 5+ R 10/5/2018 58 58 58 No No No Approved Building permit issued, pending building permit final 2 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 68 0 0 0 0 68 0 3 68 57 0 10 63 201 0 2 0 20 0 5 5 32 0 0 1 0 269-190-022
473 W JOAN AVE
Unit: UNIT B BLDR1021-0814 ADU R
0 1 1/11/2022 1 0 0 N Y Rental Point Comparison
269-190-021 485 W JOAN AVE
Unit: UNIT B BLDR1021-0816 SFD R 0
1 1/11/2022 1 1 9/28/2022 1 0 N Y Rental Point Comparison 259-400-018 455 S WALCH ST BLDR1221-0875 SFD O 01 1/11/2022 1 1 7/29/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-024 468 S WALCH ST BLDR1121-0842 SFD O 01 1/11/2022 1 1 6/29/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-016
1969 W DATE
AVE BLDR1121-0828 SFD O
0 1 1/12/2022 1 1 6/22/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-390-013 384 S MATHEW
ST BLDR1121-0851 SFD O 0
1 1/19/2022 1 1 7/12/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-027
1945 W DATE
AVE BLDR1221-0885 SFD O 01 1/27/2022 1 1 7/21/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-013
1999 W DATE
AVE BLDR1221-0857 SFD O
0 1 2/2/2022 1 1 8/10/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-009
1966 W DATE
AVE BLDR1221-0859 SFD O
0 1 2/2/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
259-390-017
1988 W RIVER
SPRINGS AVE BLDR1221-0871 SFD O
0 1 2/9/2022 1 1 7/26/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
269-180-042
772 W PIN OAK
AVE BLDR0122-0896 SFD O
0 1 2/14/2022 1 1 6/20/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
269-180-043
775 W RED OAK
AVE BLDR0122-0897 SFD O
0 1 2/14/2022 1 1 6/20/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-028
1935 W DATE
AVE BLDR1221-0874 SFD O
0 1 2/15/2022 1 1 9/1/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-035
1922 W RIVER
AVE BLDR1221-0872 SFD O
0 1 2/15/2022 1 1 8/31/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-010
1976 W DATE
AVE BLDR1221-0873 SFD O
0 1 2/16/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
259-400-030
1917 W DATE
AVE BLDR0122-0902 SFD O
0 1 2/24/2022 1 1 8/25/2022 1 0 N N
259-410-015
490 S BELMONT
ST BLDR0122-0892 SFD O
0 1 3/2/2022 1 1 8/17/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-019
1972 W RIVER
SPRINGS AVE BLDR0222-0909 SFD O
0 1 3/16/2022 1 1 9/12/2022 1 0 N N
259-400-036
1926 W RIVER
AVE BLDR0122-0895 SFD O
0 1 3/16/2022 1 1 9/20/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-084 382 S WALCH ST BLDR0322-0932 SFD O 01 3/23/2022 1 1 10/21/2022 1 0 N N 243-260-028
1968 N
NEWCOMB ST BLDR1021-0825 ADU R
0 1 3/29/2022 1 1 8/3/2022 1 0 N N Rental point comparison 259-400-017
1959 W DATE
AVE BLDR0122-0905 SFD O
0 1 3/30/2022 1 1 8/23/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
243-290-005
1687 N BEVERLY
ST BLDR0721-0759 SFD O
0 1 4/1/2022 1 1 10/21/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-020
1966 W RIVER
SPRINGS AVE BLDR0222-0912 SFD O
0 1 4/5/2022 1 1 10/18/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-042
476 S PARKWEST
ST BLDR0322-0929 SFD O
0 1 4/6/2022 1 1 9/15/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-043
468 S PARKWEST
ST BLDR0322-0928 SFD O
0 1 4/6/2022 1 1 9/27/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-015
1979 W DATE
AVE BLDR0222-0914 SFD O
0 1 4/11/2022 1 1 9/19/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-410-002
1916 W RIVER
SPRINGS AVE BLDR0322-0927 SFD O
0 1 4/13/2022 1 1 10/4/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-082
1942 W DATE
AVE BLDR0322-0930 SFD O
0 1 4/13/2022 1 1 10/4/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-008
1956 W DATE
AVE BLDR0322-0931 SFD O 01 4/20/2022 1 1 10/13/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-006 383 S WALCH ST BLDR0322-0939 SFD O 01 4/20/2022 1 1 10/17/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
259-400-003
1985 W
HERITAGE AVE BLDR0222-0908 SFD O
0 1 4/27/2022 1 1 10/27/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
269-180-036
1081 S ROYAL
OAK ST BLDR0622-0984 SFD R
0 1 6/30/2022 1 1 11/1/2022 1 0 N N Rental point comparison 269-180-035
1071 S ROYAL
OAK ST BLDR0622-0985 SFD O
0 1 6/30/2022 1 1 11/2/2022 1 0 N N HUD Max Purchase Price and Sales Point Comparison
269-180-039
1109 S ROYAL
OAK ST BLDR0622-0983 SFD O
0 1 6/30/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
260-310-010 221 W RIVER AVE BLDR1221-0864 SFD O 01 7/1/2022 1 0 0 N N HUD Max Purchase Price and Sales Point Comparison
269-120-015
483 W RICHARD
AVE BLDR0522-0958 SFD O
0 1 8/4/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
493 W RICHARD
AVE BLDR0522-0962 SFD O
0 1 8/4/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
501 W RICHARD
AVE BLDR0522-0974 SFD O
0 1 8/4/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
472 W RICHARD
AVE BLDR0522-0972 SFD O
0 1 8/11/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
517 W RICHARD
AVE BLDR0622-0987 SFD O
0 1 8/22/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
482 W RICHARD
AVE BLDR0622-0986 SFD O
0 1 8/22/2022 1 0 0 N Y Rental point comparison
269-120-015
525 W RICHARD
AVE BLDR0622-0990 SFD O
0 1 9/8/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015 544 W JOAN AVE BLDR0822-1021 SFD O 01 9/8/2022 1 0 0 N N HUD Max Purchase Price and Sales Point Comparison
269-120-015
575 W RICHARD
AVE BLDR0822-1026 SFD O
0 1 9/19/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015 568 W JOAN AVE BLDR0822-1020 SFD O 01 9/19/2022 1 0 0 N N HUD Max Purchase Price and Sales Point Comparison
269-120-015
567 W RICHARD
AVE BLDR0822-1030 SFD O
0 1 10/3/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015 576 W JOAN AVE BLDR0822-1025 SFD O 01 10/3/2022 1 0 0 N N HUD Max Purchase Price and Sales Point Comparison
243-203-006
1833 N MASTON
ST BLDR0622-0996 ADU R
0 1 10/14/2022 1 1 11/14/2022 1 0 N N Rental point comparison 269-120-015
548 W RICHARD
AVE BLDR0922-1039 SFD O
0 1 10/17/2022 1 0 0 N Y HUD Max Purchase Price and
Sales Point Comparison
269-120-015
543 W RICHARD
ST BLDR0922-1040 SFD O
0 1 10/17/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-180-037
1091 S ROYAL
OAK ST BLDR0922-1049 SFD O
0 1 10/21/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
243-220-004
1686 N BEVERLY
ST BLDR0822-1033 SFD R
0 1 10/27/2022 1 0 0 N N Rental point comparison
11/11/1952
437 N COTTAGE
ST Unit: B BLDR0922-1036 ADU R
0 1 10/28/2022 1 0 0 N N Rental point comparison
000-000-000
559 W RICHARD
AVE BLDR0922-1037 SFD O
0 1 11/1/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
1029 S MESA
OAK ST BLDR0922-1038 SFD O
0 1 11/1/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
247-210-025
454 W MULBERRY
AVE BLDR0521-0683 SFD O
0 1 11/3/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
535 W RICHARD
AVE BLDR0922-1053 SFD O
0 1 11/14/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
269-120-015
1005 S MESA
OAK ST BLDR1122-1087 SFD O
0 1 12/5/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
251-262-005
292 N LOWERY
ST Unit: UNIT B BLDR0922-1048 ADU R
0 1 12/12/2022 1 0 0 N N Rental point comparison
000-000-000
734 W RED OAK
AVE BLDR1022-1068 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
745 W RED OAK
AVE BLDR1022-1067 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
754 W RED OAK
AVE BLDR1022-1065 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
755 W RED OAK
AVE BLDR1022-1064 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
765 W RED OAK
AVE BLDR1022-1066 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Note: "+" indicates an optional field
000-000-000
744 W RED OAK
AVE BLDR1022-1063 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
724 W RED OAK
AVE BLDR1022-1062 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
735 W RED OAK
AVE BLDR1022-1061 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
764 W RED OAK
AVE BLDR1022-1060 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
000-000-000
725 W RED OAK
AVE BLDR1022-1059 SFD O
0 1 12/13/2022 1 0 0 N N HUD Max Purchase Price and
Sales Point Comparison
260-310-008 215 W DATE AVE
UNIT A&B BLDR0621-0707 5+ R 0
5 4/29/2022 5 0 0 N N Rental point comparison
246-080-032 1055 W Pioneer
Ave Carolita Apartments BLDR1221-0858 5+ R 68 4/8/2022 68 68 4/8/2022 68 0 0 N Other 30 245-550-001 Westwood Paradise Apartments BLDR1120-0509 5+ R 0 58 6/22/2022 58 0 0 N N 1 Demolished 0 0 0
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - 63 - -
Non-Deed Restricted - - - - 10 - - - 3 -
Deed Restricted - 3 2 2 1 8 - 15 68 -
Non-Deed Restricted - - - - 24 4 - 2 57 -
Deed Restricted - - - - - - - 2 - -
Non-Deed Restricted - 97 40 15 41 2 31 33 10 -
Above Moderate 1,431 - 8 1 2 11 64 30 118 63 - 297 1,134 3,196
- 108 43 19 87 78 61 233 201 - 830 2,366
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
312 - - - - - - 39 - - 39 273
390
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
295
76 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
271 Moderate
623
576
566
Please contact HCD if your data is different than the material supplied here 186
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
547
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Porterville
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Rehabilitation
Program
Assist approximately 5 low-income
households with current funding
through 2020, with an objective of
assisting 1-2 households annually if
additional funding becomes available
2015-2020
While the City had established a goal of assisting two (2) households for 2022 PY, one (1) household was assisted, one (1) is in the rehabilitation construction work and five (5) applications were received that did not meet the Program guidelines.

Home Buyer Assistance
Assist 5 households to purchase first
home, with an objective of assisting 1
households annually if additional
funding becomes available.

Yearly
The City had a goal of 1 household for the 2022 PY and assisted one (1) household, two (2) are in progress, and three (3) applications were received that did not meet the Program guidelines. The City assisted 1 household, which represents and investment of $54,250 in Federal CDBG and HOME, & CalHome state grant funds.

Home Buyer Education
Classes 4 classes held per year. Yearly
The City held 7 classes and 62 individuals participated in virtual instruction. First Time Homebuyer classes were held virtually due to the State Covid-19 social distancing mandates & to slow the spread of the virus.

Mortgage Credit Certificate
Program
1 family from Porterville guided to
HATC’s program per year Yearly The Housing Authority of Tulare County no longer offers this program.

Local, State, and Federal
Funding 3 programs developed in 5th Cycle. 2015-2023
The City has partnered with Upholdings to develop an 80 unit affordable housing apartment complex using a variety of public funds, in October 2021 they broke ground on the project. They are in the leasing phase so they can begin the lease and move tenants in as soon as the Certificate of Ocupancy is issued, expected in the spring of 2023
Expedited Entitlement
Process for Special
Populations Housing
3 projects developed during 5th Cycle 2015-2023
The City worked with Self Help Enterprises and the Tule River Tribe to open the affordable 40 unit Nupchi Xo' Oy Apartments that opened in 2021 following completion. Project continues to operate successfully.

Remove Constraints and
Provide Reasonable
Accommodations for
Housing Designed for
Persons with Disabilities
1 outreach effort to disabled community
per year to encourage renovations.

Establish new comment period for
development projects to educate and
encourage developers regarding
adapted housing.

Yearly
In 2022, the City did not authorize any rehabilitation monies to rehabilitate homes to have accessibility ramps. There were at least 10 inquiries about the program; however, due to the Program guidelines, they did not meet the requirements, such as home on a permanent foundation or home within City limits.

Case Management
Provide case management for
Permanent Supportive Housing in order
to provide life skills to individuals who
have experienced chronic homelessness
and have a verifiable disability, mental
health issue, substance abuse, or
HIV/AIDS. Funds are awarded as they
are available and vary by year.

Yearly
The City allocates CDBG funds for case manager salaries for the Permanent Supportive Housing (PSH) Program administered by Family Services of Tulare County, which provides the following services: referrals to counseling and dentist, life skills training, transportation, home visits/case management and delivery of food and hygiene products. Six (6) individuals received new or continued access to these services, five (5) of whom have been housed while enrolled in the program. One is in a referral status and currently looking for housing, but receives case management services. The annual goal of two persons assisted has been consistently met.

A second PSH program (11 units) is supported with (Permanent Local Housing Allocation) PLHA funds received by the City of Porterville. First year they received $34,275.40, the second year they received: $53,274.50 and the third year RFP is expected to be published in March 2023, where they can apply for more funding.

Fair Housing
Fair Housing Education aims to promote
equal and fair access to housing
opportunities for all individuals
regardless of their race, ethnicity,
national origin, religion, gender, age,
familial status, or disability.The
objective of Fair Housing Education is to
raise awareness about these laws and
regulations and to provide information
and resources to help individuals and
housing providers understand and
comply with them. This includes
educating people on their rights and
responsibilities under the law, as well as
providing training to housing providers
on how to avoid discrimination and
promote fair housing practices.

Yearly
On January 18, 2022, the City Council authorized staff to distribute a joint Request for Proposals (RFP) for Fair Housing education services. Community Services Employment Training (CSET) was awarded the contract to provide culturally appropriate outreach and fair housing education opportunities for families and individuals within the City of Porterville and provide landlords and property managers with education in fair housing law and practice to reduce the incidence of housing discrimination. In June of 2022, CSET began its efforts, which focused on program setup and implementation, and marketing of the program via social media and community partner agencies. A community presentation and one-toone session were held, with a total of 7 community partners and 1 community member served. During the reporting period, our organization provided Fair Housing Education to 19 individuals. While the goal of 30 individuals assisted was not met due to the new program starting in June. Also, due to both staff shortages and the impact of COVID-19. These factors created numerous challenges for the organization, making it difficult to maintain normal operations. Increased numbers are anticipated moving forward.

Infrastructure
Improvements Pursue 4 grants in the 5th cycle. 2015-2023 The Draft Consolidated Plan for 2020 implemented a formal program to authorize funds for infrastructure improvements. The Environmental Review Report (ERR) Phase for the Henrahan/Grand project was completed. The project was expanded and is ready to begin now that the ERR has been completed. The next step is to obtain the bids and once those are received, the construction should occur sometime in July 2023. The project should be completed by the end of 2023.

The bond for $13 million for infrastructure improvement in under developed areas of the City for sewer projects is near complete. The project which included the Sewer Annexation Area 457 has been completed. Annexation Areas 474, 475, 476, 478 and 479 are in the paving phase and are anticipated to be complete by April 2023.

The ERR has been completed for the Butterfiled Stage Corridor trails project and is currently in the design phase.

Energy Conservation Provide two referrals per year. Yearly As rehabilitation loans are approved and expended, the City also authorizes new roofs, windows and HVAC systems. Additionally, 10 households have been referred to the Weatherization program administered by a local-nonprofit to assist them in weatherization of their homes. Additionally, as the City partners with CSET for the FTHB Education class, those attending the course are informed of CSET’s programs which include a weatherization program
LINC Services
To connect persons experiencing
homelessness with critical services,
such as housing assistance, legal
services, social services and access to
mainstream benefits, and provide
consumables and supplies. Funds are
awarded as they are available and
amount varies by year.

Yearly
LINC serves as a mini-resource fair and is held twice a month at the Porterville Welcome Center (PWC). The committee will support the PWC and KTHA to faciliate connections to the services needing to be made available, volunteer at events, fundraise and provide ongoing planning and coordination of services that LINC may be missing. The intention of LINC is to connect persons experiencing homelessness with critical services, such as housing assistance, legal services, social services and access to mainstream benefits, and provide consumables and supplies. In 2022, the progran served 444 individuals.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Navigation Center
To serve adults experiencing
homelessness and link them to
community resources. Funds are
awarded as they are available and
amount varies by year.

Yearly
The City partnered with Turning Point of Central California Inc. (TPOCC) to provide open a Navigation Center in Porterville. The site of the center was purchased by the City from the Porterville Unified School District and continues to be leased to TPOCC for $1/year. The Porterville Welcome Center (PWC) consists of 15 emergency shelter beds and 15 bridge housing beds that serve adults experiencing hoomelessness along with their partner and pets. Program guests are provided space for storage of their possessions, allowed, one dog on site, and offered services that are voluntary and include case management, housing locations, meals, life skills training, laundry, and linkages to community resources. Bridge housing beds are referred exclusively by the Coordinated Entry System. Emergency shelter beds can be self-referred by someone experiencing homelessness, through CES, or by another service provider. In 2022, the program served 2,373 unduplicated unsheltered in the community of Porterville. The Center is supported with (Permanent Local Housing Allocation) PLHA funds received by the City of Porterville. The first year they received: $154,239; 2nd year they received: $277,733 and the 3rd year RFP is expected to be published in March 2023, where they can apply for more funding.

Emergency Shelter
Operating Expenses
To provide Emergency Shelter for
individuals and families in crisis. Funds
are awarded as they are available and
amount varies by year.

Yearly
The Central California Family Crisis Center (CCFCC) is an Emergency Shelter that is supported with (Permanent Local Housing Allocation) PLHA funds received by the City of Porterville. First year they received: $137,101.59; 2nd year they received: $175,099.80 and the 3rd year RFP is expected to be published in March 2023, where they can apply for more funding.

Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity 1 1
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
1 1
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
Jurisdiction Porterville
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Jurisdiction Porterville Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Tulare County jurisdictions, please format the APN's as follows:999-999-999-999 Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date Notes
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report
Jurisdiction Porterville
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 68
Non-Deed Restricted 57
Deed Restricted 0
Non-Deed Restricted 10
63 201
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 65 30
2 to 4 0 0 0
5+ 68 131 0
ADU 0 5 2
MH 0 0 0
Total 68 201 32
5 56
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Jurisdiction Porterville
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
SoTu Plan and EIR $264,374.00 $0.00
Local
General
Fund
Re-scope in progress
to do a Master Plan
instead of a SoTu Plan.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 68
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 68
Current Year
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 68
Non-Deed Restricted 57
Deed Restricted 0
Non-Deed Restricted 10
63 201
Current Year
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 20
Deed Restricted 0
Non-Deed Restricted 5
5 32
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 264,374.00
Task Status
In Progress
State of California

GOVERNMENT CODE
Section 65400
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)  Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article.

Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii)  The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv)  The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
(C)  The number of housing development applications received in the prior year, including whether each housing development application is subject to a ministerial or discretionary approval process.
(D)  The number of units included in all development applications in the prior year. (E)  The number of units approved and disapproved in the prior year. (F)  The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  (i)  The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II)  For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers.
(ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08. (I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J)  If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications received by the city or county. (ii)  The number of density bonus applications approved by the city or county. (iii)  Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2)  If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.
(Amended by Stats. 2022, Ch. 657, Sec. 1.7. (AB 2653) Effective January 1, 2023.) Item No. 17.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Porterville Development Ordinance Comprehensive Update SOURCE: Community Development
COMMENT: On February 27, 2020, the State of California issued a Notice of Funding Availability for the Regional Early Action Planning (REAP) grant program to help regions and jurisdictions with planning activities to meet the sixth cycle of the regional housing needs assessment, and to spur affordable housing production. A total of $18,975,323.00 in Regional Early Action Planning (REAP) grant funds were made available to the eight San Joaquin Valley Regional Planning Agencies for housing planning activities through 2023. Each regional planning agency was responsible, through their respective boards, to determine funding amounts and policies for Regional Housing Needs Allocation (RHNA) planning, jurisdictional grants, and other related activities.

The Fresno County Council of Governments (FCOG) serves as the fiscal agent and the Tulare County Association of Governments (TCAG) serving as the Regional Planning Agency for Tulare County received approximately $1,613,803.00 of such grant funds under the REAP MOU and designated $225,000.00 of such funds to prepare the RHNA Plan and provide technical assistance and regional planning coordination for the provision of housing.

TCAG suballocated the balance of the REAP Grant to the County of Tulare and to each of the Cities within Tulare County (the member agencies) to carry out the purposes of the grant. The City applied for and has been awarded Regional Early Action Planning Grant (REAP) funds to be used for strategies to improve the local process to speed up housing production. The City of Porterville received a total of $163,000.00 as its allocation from TCAG.

At its meeting on August 17, 2021, the City Council approved entering into a Services Agreement for Regional Early Action Planning Grant Program with the Tulare County Association of Governments (TCAG) and provided direction for the REAP funds to be used on updating the Development Ordinance to reflect recent changes in State law and to facilitate the accelerated production of housing units within the city of Porterville.

At its meeting on April 5, 2022, the Council authorized staff to distribute a Request for Proposals (RFP) for consultant urban planning services to undertake a comprehensive update of the Development Ordinance.

At its meeting on July 19, 2022, the Council authorized staff to negotiate a contract with Provost and Pritchard Consulting Group (P&P) to complete the comprehensive Development Ordinance. The project includes a comprehensive Item No. 17.
update to Chapter 21 (Development Ordinance) of the Municipal Code, with an emphasis on updates to the Housing Policies, Standards and Procedure of the Development Ordinance. The goal of the comprehensive update is to reduce excessive regulatory standards, eliminate conflicting standards, improve document organization for the development community, helps streamline the housing entitlement and permitting process, and ensure adherence with new State laws regarding housing and planning regulations (the last comprehensive update was in 2010).

The project commenced on September 2022. Subsequently in November 2022, P&P organized a discussion with City staff for the purpose of setting a timeline and to review the comprehensive Development Ordinance update process. As part of the process, P&P conducted Stakeholder interviews during December 2022 and January 2023.

From February through March 2023, with assistance from City staff, the Consultant has been finalizing the Draft Audit Report and conducting a public process to update the Development Ordinance for the City. The Consultant is developing a final work program in conjunction with City staff and has initiated the drafting of the Development Ordinance Code and is currently actively undertaking that phase.

Staff is prepared to provide a presentation on the progress of the comprehensive Development Ordinance update to be received by Council and provided direction as determined.

RECOMMENDATION: That the City Council provide direction on the development of the update to the City's Development Ordinance.

ATTACHMENTS: 1. Development Code Update Audit Report
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
City of Porterville
Development Code Update
Audit Report
March 2023
PREPARED FOR:

City of Porterville Community Development Department
291 North Main Street
Porterville, CA 93257
PREPARED BY:

Provost & Pritchard Consulting Group
City of Porterville Development Code Update Audit Report March 2023 Page | i
Table of Contents
Introduction and Purpose ................................................................................................................................ 1 What is the Development Code?................................................................................................................. 1 What Development Codes Do ................................................................................................................. 1 What Development Codes Don’t Do ....................................................................................................... 1 Why is the Development Code Being Updated? ......................................................................................... 2 Approach and Organization ............................................................................................................................. 2 Considerations in the Audit Report Analysis ............................................................................................... 3 General Plan Consistency ........................................................................................................................ 3 Compliance with State and Federal Law ................................................................................................. 3 Best Practices........................................................................................................................................... 4 Audit Report Organization ........................................................................................................................... 4 How Will this Audit Report Be Used? .......................................................................................................... 4 Audit Report Analysis....................................................................................................................................... 4 Code Usability and Accessibility................................................................................................................... 4 Summary Observations............................................................................................................................ 5 Recommendations................................................................................................................................... 6 Permit Processing and Administration ........................................................................................................ 6 Summary Observations............................................................................................................................ 8 Recommendations................................................................................................................................... 9 Zones............................................................................................................................................................ 9 Summary Observations.......................................................................................................................... 10 Recommendations................................................................................................................................. 11 General Development Regulations............................................................................................................ 11 Summary Observations.......................................................................................................................... 11 Recommendations................................................................................................................................. 12 Specific Use Regulations............................................................................................................................ 12 Summary Observations.......................................................................................................................... 12 Recommendations................................................................................................................................. 13 Compliance with State and Federal Law ................................................................................................... 13 Appendix A ....................................................................................................................................................A-1 General Plan Land Use Designation Descriptions.....................................................................................A-1 City of Porterville Development Code Update Audit Report March 2023 Page | 1
Introduction and Purpose
The City of Porterville has initiated a comprehensive Development Code update. The primary role of the Development Code is to implement the goals and policies established in the General Plan. The Code establishes the regulations and procedures that guide development and ensures that it is consistent with the General Plan vision. Upon completion of the Code update, these regulations will help to streamline development procedures. Additionally, the update will address changes in State law to ensure consistency and compliance.

What is the Development Code?
The Development Code is one of the primary implementing documents of the General Plan, as it establishes standards for the creation of new parcels, the types of buildings and uses that are allowed on parcels, and the physical and operational standards that buildings and uses must comply with. In Porterville, the Development Code is adopted as Chapter 21 in the Porterville Municipal Code and includes both zoning and subdivision regulations.

What Development Codes Do
As the primary implementing tool for the General Plan, the Development Code establishes regulations and procedures guiding development and ensuring consistency with the General Plan vision. Development Codes:

Establish zones. Each land use designation identified in the General Plan needs at least one implementing zone. The zone dictates how a property can be used and developed. It is the primary implementation tool for determining consistency with the intent of the General Plan land use designations. Zones are applied to properties and approved on a zoning map as part of a zoning ordinance.

Determine what uses can go on a property. Each zone has a list of allowed uses that are permitted within that zone. The allowed use listings also determine the type of approval that is required prior to establishing a particular use.

Define application procedures. The processing procedure for each type of application is established so users of the code, including the public, City staff, and decision-makers, understand the expectations and requirements associated with development review and approval.

Establish standards of development. Standards of development include both physical property development standards (e.g., setbacks, height, parking requirements) and operational standards (e.g., hours of operation, lighting standards, noise impacts) of permitted uses on a property. The standards can be designated by zone, general use type (e.g., residential, commercial, industrial), or by specific use type (e.g., accessory dwelling units, manufactured housing, temporary uses).

What Development Codes Don’t Do
Understanding what Development Codes don’t do is equally important as understanding their purpose.

Development Codes:

City of Porterville Development Code Update Audit Report March 2023 Page | 2
Do not establish the vision or policiesfor the community. These are determined through the General Plan process.

Do not change policies of the General Plan. The processes and regulations established in the ordinances must be consistent with the General Plan.

Do not change the zoning requirements adopted in specific plan areas. Specific plans are tools used to allow a customized set of development standards to be legally adopted for a specific property or area. As such, specific plans are adopted with their own standards for development. Changes to the Development Code would not affect previously adopted specific plans unless the plans require compliance with regulations in place at the time of proposed development.

Do not contain guidelines. Development Codes are local laws that establish objective and enforceable rights, responsibilities, standards, requirements, and procedures. They are required and compulsory. Guidelines, while very useful and important in the development review and approval process, are subjective statements of preference and desirable and negotiable outcomes, not compulsory standards and requirements.

Why is the Development Code Being Updated?
The City of Porterville last completed a comprehensive update to the Development Code in 2013. While there have been some updates since the code was originally adopted, these updates have been drafted on a case-by-case basis in response to particular issues, resulting in several instances of similar yet conflicting regulations and internal inconsistencies. These inconsistencies have made the Code complicated for the public to navigate and difficult for City staff and decision makers to administer. The Code update will focus on streamlining the development process, adding clarity to established procedures, and ensuring compliance with recent legislative updates as well as the City’s Housing Element. Specifically, the objectives of this update are to:
• Prepare codes that are user-friendly and easy to navigate. • Streamline and define development review processes.
• Comply with State law.

Approach and Organization
This Audit Report (Report) presents an analysis of the existing Development Code. The analysis includes summary observations of the existing code, with recommendations that identify a preferred approach in preparing the Development Code Update.

More detailed analysis will be conducted during preparation of the Code. Consultation with City staff will occur as specific issues arise. Staff may consult with City decision-makers, as needed, during preparation of the Development Code Update as well.

City of Porterville Development Code Update Audit Report March 2023 Page | 3
Considerations in the Audit Report Analysis
The analysis conducted as part of this Report considered many inputs including key issues identified through conversations with City staff and key stakeholder interviews, updates required for consistency with the adopted General Plan, a review for compliance with State and federal law, as well as best practices.

These considerations informed the summary observations included in this Report and the recommendations for moving forward in the Code update process.

The process for this report included the following steps:
• City staff input. City staff provided insight on known areas of concern, based on implementation of existing regulations and previous experience. The feedback from staff identified initial topics areas for further review.
• Preliminary analysis of existing regulations. The consultant team identified preliminary audit findings based on analysis of the existing Code regulations, including an evaluation and comparison of allowed uses across base zones, permit and approvals procedures, and development standards. • Stakeholder input. Stakeholders provided their comments and concerns during a series of meetings held to receive input on the current Development Code. Stakeholders included various members of the Porterville community, such as land developers, local consulting firms, and real estate professionals.

General Plan Consistency
As the primary implementation document of the general plan, it is necessary to ensure the development code contains standards consistent with the general plan. Consistency with the general plan is also legally required by Government Code Section 65860. In the event the development code becomes inconsistent due to an amendment of the general plan, local jurisdictions must reflect those changes in the development code within a “reasonable” timeframe. For purposes of this Report, a preliminary review of Porterville’s Development Code was conducted for consistency with existing General Plan land use designations and density and intensity standards. The summary observations and recommendations reflect this review.

Compliance with State and Federal Law
In California, it is generally left to cities and counties to determine how to best regulate land uses and development in their jurisdiction. However, there are certain exceptions that require local regulations to be either consistent with or preempted by State or federal law. Updates to permit procedures, zones and allowed uses, definitions, general development regulations, specific use regulations, and subdivision General Plan
Consistency
Audit Report Analysis
Key Issues Compliance
with Laws
Best
Practices
City of Porterville Development Code Update Audit Report March 2023 Page | 4
regulations will be required for consistency with applicable laws and will be addressed as part of the Code update process, as summarized in this Audit Report Analysis.

Best Practices
Many of the observations and recommendations included in this Report are reflective of best practices in preparing and administering codes. These are primarily exhibited in the organizational recommendations and will be considered during drafting of the Code.

Audit Report Organization
This Report summarizes general observations and identifies a set of recommendations organized around the following topics:
• Code usability and accessibility
• Permit processing and administration
• Zones
• General development regulations
• Specific use regulations
• Compliance with State and federal law
How Will this Audit Report Be Used?
This Audit Report is a key step towards updating the Development Code. This Report will be distributed to and presented at a City Council hearing. An Annotated Outline will be prepared based on the recommendations contained in this Report and will be the basis for preparation of the Draft Development Code. Staff may consult with decision-makers during preparation of the Code. The Draft Development Code will be presented to the public and decision-makers for review and comment as part of the update process prior to adoption.

Audit Report Analysis
Code Usability and Accessibility
Rules and regulations are not effective if people cannot find the information they are looking for or if they do not understand the rules and regulations. Given zoning and subdivision regulation’s central role in shaping the community, the Development Code should be logically organized, well-formatted, and easy to use.

A user-friendly document should have the following minimum features:
• A table of contents that provides descriptive chapter and section titles, so a user can quickly find the information they are looking for. Chapters are generally organized by topic. • Headers and footers that allow readers to navigate the document. • A consistent organizational structure across chapters, creating predictability and increased awareness of where to find similar information across like chapters or sections.

City of Porterville Development Code Update Audit Report March 2023 Page | 5
• An index of terms that is generally consolidated in one location for easy reference with crossreferences for specialty terms defined elsewhere in the code.

This section contains general observations about the existing organization, format, and usability, as well as strategies for improving these aspects in the Code update.

Summary Observations
Observation 1: Chapter Groupings
The Development Code update process provides an opportunity to bring a predictable structure and logical progression to the Code.

A typical code structure includes the following hierarchal organization:
• Title. Municipal Codes are comprised of individual ordinances, or titles. Title numbering is dictated by existing Municipal Code organization.
• Article. Titles are typically divided into articles that cover various topics. Articles may be adopted formally with assigned numbering within the overall code structure, but it is not necessary to do so. Regardless of how articles are treated within the code, they provide important structure for how chapters of the code are organized. The article name identifies the topic around which like chapters are organized.
• Chapter. Articles are divided into chapters. It is useful to group chapters that address like topics together so that they may be numbered and listed consecutively in the table of contents. For example, all residential zones should be grouped consecutively, followed by all commercial zones, so on and so forth. This prevents chapters from getting “lost” in the overall structure of the code and provides a more user friendly and efficient experience for both applicants and staff. The numbering of chapters ideally reserves space to accommodate new chapters as additions to the Code are adopted. Although this is not mandatory, it does help ensure that the organizational structure of the code is not disrupted as new chapters may be adopted in the future. • Section. Chapters are divided into sections. Section titles should be descriptive enough to allow for easy navigation of content.

Although Porterville’s Development Code does not follow this hierarchy, instead opting for a naming convention of Chapter, Series, Article, Section, the current structure used remains generally consistent throughout the entirety of the Portville Municipal Code.

While one goal of this update is to reorganize information to follow the preferred hierarchy listed above, doing so would disrupt the established organization of the Municipal Code as a whole. It is recommended that the current structure remain in place for the Development Code.

Observation 2: Not All Use Classifications Have an Implementing Zone Article 701 of the existing Development Code provides use classifications and descriptions of the different uses allowed throughout the many zone districts in the City. Various use classifications listed in this article are not reflected in the allowed use tables within the base districts, either by right or through a discretionary approval. Examples of these use classifications include massage establishments, cottage food operations, emergency ambulance services and transitional housing. Reviewing the Use Classifications to City of Porterville Development Code Update Audit Report March 2023 Page | 6
ensure that the code provides a zone district for all listed uses is recommended to ensure consistency and predictability for users.

Observation 3: Terms and Definitions Shown in Multiple Sections and Chapters The inclusion of two separate sections to show and define terms used in the code is unnecessarily redundant. Section 700.01 provides a list of terms only, while Section 700.02 provides the same list of terms with accompanying definitions. Consolidating these two sections would reduce redundancy and help ensure easy reference for applicants reading the code. Further, it is not necessary to separate out use definitions from list of terms definitions. Separating definitions out for these two categories is cumbersome as many users may not know to look for a use definition in a section maintained separately from the more traditional list of terms.

Recommendations

1. Maintain current naming convention of Chapter, Series, Article, and Section for the Development Code to maintain general consistency with the rest of the Municipal Code.

2. Update allowed use listings for each zone to ensure that all uses listed in Chapter 701 have an implementing zone.

3. Consolidate list of terms and definitions into one location for ease of reference and to minimize redundancies. Consider consolidating the use definitions into the same location to create one comprehensive definitions section.

Permit Processing and Administration
An effective Development Code provides predictability in how permits are processed. This includes identifying specific procedures for each permit type, as well as identifying common processing procedures that may apply to all or most types of permits. Identifying common processing procedures in one location eliminates redundancy, makes changes to those procedures easier to implement, and creates consistency for the user. Each step in the process should be clearly outlined so there is no ambiguity in the requirements.

The level of reviewrequired for each permit type also greatly influences how much time (and therefore, effort and money) will be expended to approve a proposed development. Approvals that can be completed at the counter (e.g., building permit or business license approvals) are generally the simplest and least expensive reviews. Next are the staff level reviews (i.e., permits that may be approved by the Director or Zoning Administrator), which are not immediately handled at the counter but don’t require a public hearing. Procedures that require public hearings before the Planning Commission or City Council take the longest. However, even the simplest approvals can become complicated without a clear procedure or standards to guide review and decision-making.

Level of Review
Over the Counter Reviews are
simple and efficient and can be
approved by planning staff in
person, without additional
oversight.

Staff Level Reviews are generally
approved by the Community
Development Director or Zoning
Administrator and require additional
processing time but do not require a
public hearing.

Public Reviews apply to complex,
subjective approvals carried out by
the City Council and require public
hearings.

City of Porterville Development Code Update Audit Report March 2023 Page | 7
The City of Porterville has the following approving authority bodies and officers established, which does not include a Planning Commission.
• Zoning Administrator. The Zoning Administrator is the Community Development Director or his/her designated appointee. The Zoning Administrator may take final action on administrative permits such as Zoning Adjustments and Temporary Use Permits. No public hearings are required.

Discretionary decisions approved by the Zoning Administrator are subject to appeal to the City Council.
• City Council. The City Council generally delegates authority for implementation of the Development Code to the Zoning Administrator. However, it retains final decision-making authority for legislative decisions such as general plan amendments and zoning ordinance amendments. City Council also hears and has approval authority of discretionary permits such as conditional use permits, variances, and tentative maps. Public hearings are required. • Parcel Map Committee. The Parcel Map Committee is the decision-making body for Tentative Parcel Maps. This committee is comprised of the Zoning Administrator, City Engineer and Fire Chief or their designee. When a Parcel Map application requires additional discretionary permits, the Parcel Map Committee actions will be in the form of a recommendation to the City Council.

While not a decision-making body, the City of Porterville also consults with a Project Review Committee.

The Project Review Committee is intended to provide information on relevant general or specific plan policies, zoning and subdivision regulations, and procedures related to projects. The committee consists of the Zoning Administrator, City Planner, City Engineer, Chief Building Official, and Fire Chief or their designees. The Project Review Committee reviews and makes recommendations on specific development proposals, which are outlined in the Code.

Table 1 below shows the permit procedures as listed in the Code, along with the approving authority bodies.

Table 1. Existing Permit Procedures (Series 600, Series 400) Permit Type
Code
Chapter
Approving Authority
Parcel Map
Committee
Zoning
Administrator
City Council
Zoning Conformance Review 602 - A -
Hillside Development Review 603 - R A
Conditional Use Permit, Minor 604 - R A
Conditional Use Permit, Major 604 - R A
Temporary Use Permits 605 - A -
Variances 606 - R A
Amendments to General Plan 607 - R A
Amendments to Zoning Map and Text 608 - R A
Development Agreements 609 - R A
Adjustments 610 - A -
Parcel Map 400 A - -
Tentative Tract Map 402 - R A
Vesting Tentative Tract Map 403 - R A
Final Map 404 - - A
R = Recommending Body
A = Approval Authority
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This section contains general observations about the existing permitting procedures and administration of regulations, as well as strategies for improving these aspects in the Code update.

Summary Observations
Observation 1: Lack of Clear Administrative Responsibilities While the overall responsibilities of the approval authority bodies are outlined in Series 600 of the Code, it is not clear within the individual permit sections which approval authority renders a decision. Additionally, Series 600 details that within the responsibilities of the Project Review Committee any project requiring a discretionary approval must be reviewed by the committee, this however is not mentioned in any of the individual permit sections. Confirming approval authorities within the individual application procedures as well as confirming the need for a Project Review Committee review would provide clarity for users of the Code.

Further, the Land Divisions procedures (Series 400) are not clearly spelled out within the individual permit procedure chapters making it difficult to understand the recommending and approval authorities of the Parcel Map Committee, Zoning Administrator, and City Council.

Observation 2: Hillside Development Procedures
The Hillside Development Permit was a recurring topic that was flagged for discussion during the stakeholder interviews. Comments received identified the process as cumbersome and in need of an overhaul. Furthermore, stakeholders believe that the Hillside Development process in Porterville restricts developers and, due to the time and cost of the permitting process, development becomes too costly to be feasible. In the review of the Hillside Development Overlay Zone, Chapter 501, and Hillside Development Permit, Chapter 603, a few issues were identified during review that could present challenges for potential applicants.

One such issue that is recommended for review and consideration are the number of technical maps, reports, and site analysis to be prepared and submitted as part of the application process, including an architectural and landscaping design guidelines manual and visual simulations, as required by Section 501.03, Required Plans and Materials. The amount of documentation required at submittal may be cost prohibitive and dissuade development in the areas subject to the Hillside Development Overlay District.

While certain technical information is warranted at applicant submittal to evaluate the application, some of the items required at application submittal may not be warranted. It is recommended that this section be reviewed and revised to remove items that could be produced and submitted at a later time or may be eliminated from the Code requirements completely.

Observation 3: Minimal Flexibility in Code Requirements While the Code does have provisions in place to review and approve minor exceptions to requirements or confirm conformance with previous approvals at the staff level, some are buried within the Code. Having such procedures to allow for some flexibility in code requirements is a best practice that allows staff to respond to special circumstances and changing markets without requiring amendments to the code.

Outlining the existing procedures within Series 600, Administration and Permits, would allow for more predictable and consistent application. These procedures include:

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Similar Use Determinations. Allows for uses not listed on the allowed use table to be added and processed without requiring a text amendment. The Code currently contains a standards statement within each zone district’s land use regulations that allows for uses not specifically listed. This is often referred to as a similar use determination process. The current Code does not provide much direction on how this determination is made, which could result in inconsistent application. It is recommended that a similar use determination process be added to Series 600.

Substantial Conformance Determinations. Allows for minimal changes in project designs to occur under a previously approved permit without requiring an applicant to start over with a new application. Porterville’s Code does allow the Zoning Administrator to authorize minor modifications to approved reviews.

Recommendations

1. Include approval authority and review requirements into the individuals permit procedure chapters.

2. Determine which permit types and procedures can be eliminated, amended, or confirmed to reflect current practice.

3. Review and revise Hillside Development Permit Process to encourage hillside development in Porterville.

4. Clearly document procedures for flexibility in the application and interpretation of Code requirements.

Zones
The Porterville General Plan has 20 land use designations, each with a description of the types of uses and development intended for the designation. As the primary implementing tool, the Development Code needs to identify at least one implementing zone per General Plan land use designation. The General Plan land use designation description and density and intensity standards serve as the basis for the allowed uses and development standards in the implementing zone. Each zone establishes development standards and identifies the uses allowed within that zone. There are currently 29 different zones in the Porterville Development Code.

The following figure provides an illustration of the relationship of a General Plan land use designation to an implementing zone.

General
Plan
Description of Intent
Implementing Zone
Zoning
Code
Purpose and
Intent Use Listing Type of Permit
Required
Development
Standards
Land Use Designation
Density and Intensity Standards
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This section contains general observations about the existing zones, allowed uses, and development standards, as well as strategies for improving these aspects in the Code update.

Summary Observations
Observation 1: An Abundance of Zone Districts
There are currently 29 different base zones in the Porterville Development Code as listed in the table below, including 9 different zone districts in the downtown area alone. Additionally, there are three overlay districts, including Airports Environs (AE), Hillside Development Zone (HZ), and Single Story (S). In the interest of creating a concise and user-friendly Code, the total number of zones should be reviewed for distinctions in allowed uses, in how uses are permitted, or in development standards to determine if any zones are repetitive or have minimal distinctions. These zones would present an opportunity for removal and/or consolidation., resulting in fewer implementing zones for each General Plan land use designation The Zoning Map would be updated accordingly.

Table 2. Existing Base Zone Districts
Agriculture/Rural/Conservation Districts
AC Agricultural/Conservation
RR Rural Residential
Residential Districts
RS-1 Very Low Density Residential
RS-2 Low Density Residential
RM-1 Low-Medium Density Residential
RM-2 Medium Density Residential
RM-3 High Density Residential
Downtown Districts
DR-N Downtown Retail – North of Olive Avenue
DR-S Downtown Retail – South of Olive Avenue
DR-D Downtown Retail – D Street Corridor
D-MX Downtown Mixed-Use
D-CG Downtown General Commercial
D-PO Downtown Professional Office
D-PS Downtown Public and Semi-Public
DRM-2 Downtown Medium Density Residential
DRM-3 Downtown High Density Residential
Commercial Districts
CN Neighborhood Commercial
CR Retail Centers
CG General and Service Commercial
CMX Commercial Mixed-Use
Employment Districts
PO Professional Office
IP Industrial Park
IG General Industrial
IA Airport Industrial
Public and Open Space Districts
PS Public and Semi-Public
PK Parks and Public Recreation Facilities
REC Commercial Recreation
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Other Base Districts
RN Residential Neighborhood
PD Planned Development
Observation 2: Not All General Plan Land Use Designations Have an Implementing Zone While there are a number of opportunities to consolidate and differentiate existing zones as noted above, the Resort Residential General Plan land use designation does not currently have a clear implementing zone. A new zone may be established to implement the intent of this designation. The zone would have a stated purpose, allowed use listing, and development standards that are directly related to the description and density standard adopted for the Resort Residential land use designation.

Recommendations

1. Consolidate zones where feasible.

2. Establish new zones as needed to implement General Plan land use designations.

General Development Regulations
Clear, detailed site planning and development standards are an important component of every Development Code. General development regulations augment the site-specific development standards associated with individual zones (e.g., lot size, height, setbacks).

This section contains observations about existing regulations relative to general development standards, as well as strategies for improving these aspects in the Code update.

Summary Observations
Observation 1: Lack of Clear General Development Standards The current code has minimal direction on general development standards such as fence and wall standards and provides little guidance to staff in requiring such improvements. Input during the issue identification phase highlighted a need to revise or prepare general development regulations for the following:
• Driveway and Parking Lot Standards: Update parking lot and driveway standards, including setback standards as applicable, to reflect emerging trends prevalent in Porterville, such as longer and wider vehicles.
• Fencing and Walls: Update to provide better guidance to staff regarding standards and requirements. The standards in the code currently focus on residential fence and wall heights with minimal direction for different zones (commercial, industrial, etc.) The Development Code update provides the opportunity to include general development standards for those issues applicable to Porterville that reflect the desired type of development in a way that is appropriate to the local context.

Observation 2: Development Standards Appear in Multiple Locations Development standards are located both within individual zone district chapters (Series 200, Base Districts and Series 500, Overlay Districts) and within Chapter 300, General Site Regulations. While not uncommon, City of Porterville Development Code Update Audit Report March 2023 Page | 12
this organization may create opportunities for redundancy and/or inconsistency. All development standards will be reviewed to determine if consolidation of standards would help to minimize redundancies. Alternatively, additional cross references may be included to assist the user of the Code to navigate to relevant locations for development standards.

Recommendations

1. Review existing general development standards to ensure applicability is clear.

2. Coordinate development standards within Chapter 300, General Site Regulations, with zone specific development regulations contained with the zone districts chapters to ensure consistency and appropriate cross references exist for easy navigation.

Specific Use Regulations
Development Codes often provide additional site planning, development, and operational standards for a variety of specific land uses. Specific uses may warrant additional regulations for a variety of reasons, including compliance with State and federal laws, local preference on how specific uses are developed or operated, or in response to addressing issues in how specific uses are operated and maintained.

Specific use regulations are used as a strategy to increase predictability in the development review process and project implementation. Consistent development and operational standards applied to specific uses may also facilitate review of certain projects at a lesser level of review (e.g., Zoning Administrator review instead of City Council review) or transition projects from a discretionary approval to a ministerial approval (e.g., a zoning conformance review instead of a conditional use permit). This approach can reduce the administrative burden on the City staff and elected officials while still achieving the desired outcome and protections for specific uses and surrounding uses.

Summary Observations
Observation 1: State Regulated Specific Uses are Covered in the Existing Code As described above, specific use regulations are used to increase predictability in the development process.

In addition to uses which may be of special importance locally, there are many uses which are also regulated at higher levels of government. The State of California regulates specific uses including accessory dwelling units, telecommunication facilities, and supportive housing. While design standards for these types of uses may be regulated at the state level, it is still beneficial for local ordinances to address them as well in order to clarify procedural process. Porterville’s Code regulates several specific uses and process which are regulated by the State of California, including:
• Mobile Home Parks
• Accessory and Junior Accessory Dwelling Units
• Telecommunication facilities
• Manufactured Homes
Specific Uses
Specific uses are types of land uses
that may warrant special regulation
beyond the rules outlined by the
underlying zone district. Many
specific uses are subject to
compliance with State law or are of
special concern to the community.

City of Porterville Development Code Update Audit Report March 2023 Page | 13
These uses will be reviewed for consistency with State regulations, including allowed design standards and approval type (ministerial versus discretionary).

Observation 2: Specific Uses Should be Considered as a Method to Streamline Approvals Porterville’s Development Code identifies several specific uses which are not regulated at the state level, including crop cultivation and personal storage facilities. These are examples which have been determined at the local level to require additional operational oversight or specialized design standards. In doing so, it is possible to implement additional oversight while simultaneously increasing the level of predictability for the applicant and decreasing the level of review required for approval. This is beneficial because predictable standards and lower levels of approval are typically faster and less costly than the alternative. Moving forward, uses currently identified as conditional or administrative uses will be reviewed to determine which may benefit from having specific use regulations established.

Recommendations

1. Review specific uses for consistency with State regulations.

2. Determine which allowed uses may benefit from specific use standards.

Compliance with State and Federal Law
In California, it is generally left to cities and counties to determine how to best regulate land uses and development in their jurisdiction. However, there are certain exceptions that require local regulations to be either consistent with or preempted by State or federal law. Based on a preliminary review of the existing Code regulations, following are the items that will require updates of existing regulations or preparation of new regulations for consistency with applicable laws and will be addressed as part of the update process. Some of the items identified below are currently included Porterville’s Development Code; however, reviews will be conducted of all existing language to ensure it reflects the latest legislative requirements.

Additional items may be addressed during a more detailed review of existing regulations and preparation of the Draft Development Code.

Items to be Addressed
Definitions. Definitions of various terms shall be updated for consistency with State and Federal law, including “accessory dwelling unit”, “efficiency unit”, “employee housing”, “family”, “mobile home unit”, “multifamily residential unit”, “single-family residential unit”, “single room occupancy unit”, “transitional and supportive housing”, and “target population”.

Reasonable accommodation procedure. Local jurisdictions are required to provide a process to make reasonable accommodations in rules, policies, practices, or services when such accommodations are necessary to afford an equal opportunity to use and enjoy a dwelling.

Solar energy systems. Local jurisdictions are required to have a permit procedure in place that expedites small residential rooftop solar energy systems. These are typically limited to ministerial approvals, unless a finding can be made based on substantial evidence that a specific, adverse impact on public health or safety would result.

Approvals of solar energy systems for agricultural or commercial use are also required to be non-discretionary.

Permit streamlining. Local jurisdictions may not enact growth management policies or prohibit or render infeasible housing development projects without making very specific findings. Local jurisdictions may hold no more than five hearings for certain applications and appeals.

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Density bonus provisions. Jurisdictions are required to allow density bonuses for affordable housing developments. Specific guidance on allowances are provided.

Water efficient landscaping. Local jurisdictions are required to adopt the state’s model water efficient landscape ordinance (WELO) or a local version in compliance with the WELO.

Transitional and supportive housing. Transitional and supportive housing shall be allowed in all zones that allow residential uses in the same manner as other residential uses are allowed in those zones.

Residential care facilities. Residential care facilities serving six or fewer clients shall be a by-right (ministerial) use allowed in all residential zones.

Employee Housing Act. Employee housing that serves six or fewer persons shall be treated as a single-family structure and shall be allowed in the same manner as other single-family structures in the same zones and in the same manner of approval. Employee housing that consists of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use and shall be treated in the same manner as other agricultural activities in the same zone.

Manufactured homes and mobile homes. Local jurisdictions shall allow the installation of certified manufactured homes on a foundation system on lots zoned for conventional single-family structures.

Accessory dwelling units (ADUs). Accessory dwelling units are required to be ministerial and recent legislation has further refined the allowances for local jurisdictions to regulate such units, including restrictions on required parking if the ADU meets certain criteria, standards for lot coverage, and lot size. The time to process an application has been reduced from 120 to 60 days. Additionally, SB 68 now requires that one ADU and one Junior ADU be allowed per lot with a single-family dwelling, if certain requirements are met.

Adult-oriented business. Local jurisdictions may regulate adult-oriented businesses, including adopting specific standards that regulate the time, place, and manner of operation of sexually oriented businesses. Specific guidance on what the ordinance may limit is provided.

Mapping Procedures. Local jurisdictions shall allow for the development and creation of lot splits in accordance to State Law.

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Appendix A
General Plan Land Use Designation Descriptions
General Plan Land Use Designation Max. Density /Intensity Rural Residential
This designation is intended to allow opportunities for rural living on lots ranging in size from 2.5 to 10 acres or more.

0.2 du/ac
Resort Residential
This designation is intended to allow residential development along the Lake Success shore and surrounding hillsides. There is an emphasis on creating a resort community with supporting commercial and recreation uses

5.0 du/ac
Very Low Density Residential
This designation is typical of large lot or executive home single-family subdivisions.

2.5 du/ac
Low Density Residential
This density represents typical single-family subdivisions. The maximum residential density is 6.0 units per gross acre.

6.0 du/ac
Low-Medium Density Residential
This density is also for typical single-family subdivisions, but allows for smaller lots. The maximum residential density is 9.0 units per gross acre.

9.0 du/ac
Medium Density Residential
This density range would accommodate a variety of housing types, such as small-lot single-family homes, detached zero lot line developments, duplexes, townhouses, and garden apartments. Pedestrian-oriented design and clustered development can support higher levels of density. The maximum residential density is 12.0 units per gross acre.

12.0 du/ac
High Density Residential
This classification is intended to accommodate attached homes, two- to four-plexes, and apartment buildings. The maximum residential density is

24.0 units per gross acre.

24.0 du/ac
Downtown Mixed-Use
Downtown Mixed-Use development allows for a mostly vertical mix of commercial, service, office, and residential uses. The vertical nature of this type of use may allow for a reduction in the minimum parking requirements.

This designation allows a maximum FAR of 3.0. The maximum residential density is 30.0 units per gross acre.

30.0 du/ac
This designation allows for either horizontal or vertical mixed-use development. Commercial, service, office, and residential uses are allowed.

Buildings more than one story are strongly encouraged. The designation allows a maximum FAR of 2.0. The maximum residential density is 24.0 units per gross acre.

Pedestrian-oriented and “Main Street” design standards, a vertical mix of uses, and the retention of a unique retail environment is the focus in the Downtown area. This designation allows for a maximum FAR of 3.0 Design and use standards will be established for regional shopping centers located at major circulation intersections. Large format or “big box” retail City of Porterville Development Code Update Audit Report March 2023 Page |A- 2
General Plan Land Use Designation Max. Density /Intensity and auto sales as well as travel related services, such as hotels and gas stations are allowed. This designation allows for a maximum FAR of 0.35 This designation is intended for retail and services uses that meet local and regional demand. Examples of allowable uses include: equipment rental and repair, commercial print shops, auto sales, storage facilities, and wholesale businesses, and specialized retail not normally found in shopping centers.

Accessory office uses related to the primary commercial use are also allowed. This designation allows for a maximum FAR of 0.40.

This designation is intended for small-scale commercial development that primarily provides office space and convenience retail for local neighborhoods. This designation allows for a maximum FAR of 0.30.

Professional Office
This designation is intended for office complex development, including professional and medical offices, as well as research and development activities. Small restaurants, support services, convenience retail and limited medium and high density residential are also allowed. This designation allows for a maximum FAR of 0.50
Industrial Park
This designation comprises a mix of light industrial, secondary office, bulk retail, and service uses. Typical uses include warehouse, mini-storage, research and development, wholesale, bulk retail, and office space with limited customer access. Other uses may be allowed, such as commercial recreation, distribution centers, or other uses that require large, warehouse-style buildings. Small-scale retail and service uses serving local employees and visitors are permitted as secondary uses. This designation allows for a maximum FAR of 0.40.
.40 FAR
Industrial
This designation allows primary manufacturing, refining, and similar activities including those with outdoor facilities. It also accommodates warehousing, distribution, with support commercial services and ancillary office space. No retail uses are allowed. This designation allows for a maximum FAR of 0.60.
.60 FAR
Agriculture/Rural/Conservation
This designation preserves agricultural and resource conservation areas.

Incidental residential uses with septic systems are allowed, subject to health and environmental standards. Clustered housing is strongly encouraged because it makes the provision of other infrastructure, such as roads and electricity, more cost-effective and limits the impact on natural resources.

Industrial gravel and aggregate mining is allowed in areas designated as Mineral Resource Zones.

NOT STATED
Public/Institutional
This designation is intended for lands owned by public entities, including the Municipal Airport, City Hall, County buildings, and the hospital. At the Municipal Airport, industrial park uses will be allowed. It will provide for needed public facilities, including, but not limited to, recycling centers, sewage treatment ponds, and police and fire stations. This designation allows for a maximum FAR of 0.25.
.25 FAR
Education
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General Plan Land Use Designation Max. Density /Intensity This designation is intended for lands owned by public or private entities for educational purposes, including schools, colleges, vocational training facilities, and administrative offices.

NOT STATED
Commercial Recreation
This designation is intended for campgrounds, off-road vehicle complexes, and other recreation areas where patrons usually pay to participate. The maximum FAR is 0.10.

Park
This designation applies to both public and private recreation sites and facilities. It allows for a maximum FAR of 0.10.
.10 FAR