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Agenda packet

Porterville City Council
March 19, 2024

Document
Agenda packet
Meeting
March 19, 2024
Body
Porterville City Council
Pages
12
Original file
58.6 MB
Text extracted from the city's file for reading and search. Open the original on portervilleca.api.civicclerk.com. That file is the official record.

City Council Agenda March 19, 2024

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 19, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of March 19, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/88947199107?pwd=E242cq1ODGS12W01ylNMDjs4ym1pw.aXs_H2qt1FwI1n-R Or via Telephone: 1-669-900-6833 Webinar ID: 889 4719 9107 Passcode: 221301 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-030. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Ana Alcantar. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiffs.
4- Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Council Agenda March 19, 2024

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Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation

PRESENTATIONS
Parks Master Plan

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - March 7, 2024

2. Library & Literacy Commission - March 12, 2024

3. Arts Commission

4. Animal Control Commission

5. Youth Commission - March 13, 2024

6. Transactions and Use Tax Oversight Committee (TUTOC) - February 27, 2024 II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - February 2024

2. New Porterville Rescue Mission Update

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorization to Repair City Well No.15
Re: Consideration of approval for the repair of City Well No. 15, located on the South West Corner of Morton Ave. and G St. by Carver Pump, for an amount not to exceed $22,081.

2. Authorization to Negotiate a Consultant Contract - Santa Fe Byway Public Artist Re: Consideration to authorize staff to negotiate a scope of services contract with Adrian Litman Art & Design for the art component of the Santa Fe Byway Revitalization and Beautification Project that runs north to south between Henderson Avenue and Walnut Avenue along the old Santa Fe Railway.

3. Murry Park Pool Concession License Renewal
City Council Agenda March 19, 2024

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Re: Consideration to approve the renewal of the Murry Park Pool Concession License with Valley Paradigm Corporation for a three-year term, at a rate of $300 per month, with a $25 annual increase for each year of the contract.

4. Authorization for the Barn Theater to Sell Safe and Sane Fireworks from the City's Parking Lot at the Barn Theater
Re: Consideration to authorize the Barn Theater to sell Safe and Sane Fireworks from the City's parking lot at the Barn Theater.

5. 2023 General Plan Annual Progress Report
Re: Review of the 2019-2023 General Plan Annual Progress Reports and for submission to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

6. 2023 Housing Element Annual Progress Report
Re: Review of the 2023 Annual Housing Element Progress Report and direction to staff to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

7. HOME Investment Partnerships Program (HOME) Grant Application Re: Consideration of a resolution authorizing the submittal of a HOME grant application for $500,000 for the continuation of the First Time Low Income Homebuyer Program

8. Renewal of Airport Lease Agreement Lot No. 34D
Re: Consideration to approve the renewal of the Lease Agreement between the City of Porterville and Scott Creager for Lot No. 34D at the Porterville Municipal Airport for a term of fifteen (15) years.

9. Renewal of Airport Lease Agreement Lot No. 34E
Re: Consideration to approve the renewal of the Lease Agreement between the City of Porterville and Michael and Debbie Quatacker for Lot No. 34E at the Porterville Municipal Airport for a term of ten (10) years.

10. Renewal of Airport Lease Agreement Lot No. 36
Re: Consideration to approve the renewal of the Lease Agreement between the City of Porterville and Matthew Quatacker for Lot No. 36 at the Porterville Municipal Airport for a term of ten (10) years.

11. Approval for Community Civic Event - Optimist Club/PUSD/BSD - Porterville Celebrates Reading - April 13, 2024
Re: Consideration to approve the Community Civic Event application from the Optimist Club of Porterville, Porterville Unified School District, and Burton School District to hold the "Porterville Celebrates Reading" event on Saturday, April 13, 2024, from 10:00 AM to 2:00 PM at Veterans Park.

12. Approval of Community Civic Event - Parenting Network - Calling All Superheroes - April 17, 2024
Re: Consideration to approve the Community Civic Event application from the Parenting Network to hold the "Calling All Superheroes" event on Wednesday, April 17, 2024, from 3:00 PM to 5:30 PM, at Zalud Park.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible City Council Agenda March 19, 2024

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PUBLIC HEARINGS

13. North Grand Conditional Use Permit (PRC No. 21-2028-C) and Tentative Parcel Map Public Hearing Continuance
Re: Council to continue the opened Public Hearing from March 5, 2024; and approve the draft resolution approving the tentative subdivision map and conditional use permit for the project proposed on the northwest corner of North Grand Avenue and Highway 65.

14. Request for a Modification of Conditional Use Permit 8-2008 to Upgrade from a Type 20 Off-Sale License to a Type 21 Off-Sale Alcohol License for Sherwood Handy Market Re: Consideration to adopt the draft resolution approving the modification to Conditional Use Permit 8-2008 for a Type 21 Off-sale alcohol license for Sherwood Handy Market located at 1907 W. Morton Avenue.

15. Request for a Conditional Use Permit (PRC 2023-038-C) to Allow the Establishment of a Barbershop with a Bar/Lounge and the Sale of Alcohol Under a Type 48 On-Sale Alcohol License for Sports Cuts Bar & Lounge, Located at 41 N Main Street Re: Consideration of a draft resolution approving a Conditional Use Permit (PRC 2023-038- C) for a Type 48 On-Sale Alcohol License to allow the establishment of a Barbershop with a Bar/Lounge and the sale of alcohol to Sports Cuts Bar & Lounge located at 41 N. Main Street.

SCHEDULED MATTERS

16. Council Authorization for Reorganization of Public Works Department to Accommodate the Transportation Department
Re: Council authorization to reorganize the City's Organizational Chart for the establishment of a Transportation Department.

17. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. LINC Committee Meeting - March 6, 2024

2. City Council Cannabis Ad Hoc Committee - March 6, 2024

3. City Council General Plan Ad Hoc Committee - March 6, 2024

4. Library Facility Planning Committee - March 6, 2024

5. Eastern Tule Groundwater Sustainability Agency - March 7, 2024

6. Tulare County Water Commission - March 11, 2024

7. Porterville Area Development Authority Meeting - March 15, 2024

8. Tulare County Association of Governments (TCAG) - March 18, 2024 City Council Agenda March 19, 2024

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ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of April 2, 2024, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: 1. Water Conservation Phase IV Status Update - February 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2023. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

The Phase IV plan reduces outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed on Monday, Tuesday, Wednesday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for February 2024 show that six (6) notices of violations were issued for water wasting, and no administrative citations were issued.

Water production for February 2024 reflects a five percent (5%) decrease from the 5-year average. The monthly production for February was 191 million gallons, which is a three percent (3%) decrease compared to February 2013 at 197 million gallons. Residential consumption for February 2024 was 76 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from February 2015 through February 2024. Porterville's cumulative total production conservation through February 2024 is twenty percent (20%).

The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from February 2015 through February 2024. Porterville's cumulative total GPCD conservation through January 2024 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a seven (7%) increase from February 2023 to February 2024. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%). The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status February 2024

2. Monthly Production Status GPCD February 2024

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through February 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through February 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: 2. New Porterville Rescue Mission Update
SOURCE: Community Development
COMMENT: At its meeting on June 18, 2019, the City Council adopted Resolution 43-2019, approving Conditional Use Permit (CUP) 2018-041-C for the New Porterville Rescue Mission (NPRM) to allow for a Social Services Facility located at 30 S.

A Street. As outlined in Resolution 43-2019, Condition #1, and in compliance with Porterville Municipal Code Chapter 21, Section 301.09, “Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers; sufficient patron seating facilities for dining; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas.” To meet these requirements, NPRM was to continue to work on site improvements and stay in communication with staff until all items had been completed. CUP 2018-041-C includes a requirement that staff provide a bi-annual update to the Council on the status of the project, which is the purpose of this report.

At its meeting on February 4, 2020, staff presented to Council the bi-annual update as required in the CUP to update the status of improvements. The item was continued as additional information was needed to be provided by NPRM in writing. At its meeting on March 3, 2020, staff provided Council with the proposed Plan of Action that staff considered quite aggressive and reported that a realistic timeline would be three to six months before there would be an issuance of a building permit. At its meeting on July 21, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project. NPRM was issued a building permit on July 7, 2020. The scope of the permit includes removing existing staff bedroom walls to open up to the existing open area to accommodate fourteen (14) beds total on the west end of the building, remodel of two restrooms to meet accessibility standards, the installation of two new concrete door landings, one new door landing with stairs and handrails, as well as reversing the swing of an existing door. NPRM had anticipated that this phase of construction would take approximately three to four months to complete.

At its meeting on November 17, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM’s project had experienced delays due to the pandemic as well as encountering structural issues during the demolition process.

At its meeting on January 19, 2021, Council was provided an update on the status of the NPRM project. The update included that the NPRM had been issued a permit for the structural revision to correct the issues encountered during the demolition process on November 25, 2020. Staff met with the NPRM on January 4, 2021, to discuss the progress of the project. The NPRM informed staff that the project timeline has been impacted by the ongoing COVID-19 pandemic, noting that they received a letter from one of their suppliers informing them that the delivery of their order had been delayed due to the pandemic. A framing inspection was provided by the City's Engineering Department-Building Division on January 5, 2021, and a second framing inspection on January 8, 2021, which NPRM passed.

At its meeting on August 17, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project as well as information in regard to violations of the conditions outlined in Conditional Use Permit 2018- 041-C and Porterville Development Ordinance, which were observed on August 10, 2021. The violations included a recreational vehicle observed onsite that was being occupied as a residence with an electrical extension cord connected to the recreational vehicle. Chapter 304.11 of the Development Ordinance states that “Parking and storing of recreational vehicles, boats, campers, trailers, and similar vehicles are prohibited from being stored for a period longer than seventy-two hours (72) hours in the front yard setback. They may be stored in the side or rear yard behind a minimum six-foot high, solid fence. At no time are recreational vehicles allowed to be occupied as residences. Connection to any combination of electrical, water, cable, or sewer facilities is considered prima facie evidence of occupation as a residence. At no time shall commercial vehicles greater than a one-ton rating be parked or stored on residentially zoned properties. Storage on the street is limited pursuant to Sections 17-10.4, 17- 11.7, 17-11.8, and 17-11.9 of the Porterville Municipal Code.” Tents were also observed to be erected on site outside of the approved season and timeframe outlined in Condition 10 of the CUP. Condition 10 states “The temporary use of tents for overflow of patrons may be permitted during the winter months, provided that the usage and assembling of the tents be opposite of office hours, erecting tents after 7 p.m. and removing them before 7 a.m.” NPRM remedied the violations within seventy-two (72) hours.

At its meeting on October 19, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had one inspection since the update provided to the City Council on August 17, 2021, which occurred on September 29, 2021. The inspection was for underground plumbing for the restroom remodel, which passed. During the inspection, the NPRM disclosed that while cutting the existing concrete slab for the restroom remodel, a four-foot section of the exterior footing fell apart. The NPRM was requested to have the footing evaluated by an engineer to provide a design to correct the issue.

The Council was also informed that on September 24, 2021, the Porterville Police Department and Code Enforcement responded to the NPRM for the discharge of dangerous fireworks. The suspect was found to be in possession of additional fireworks and was administratively cited. While onsite Code Enforcement observed conditions of the neighboring property (14 S. A Street), which is also operated by NPRM, that were not in compliance with the 1997 Uniform Housing Code. The conditions observed included the rear yard being utilized as a living space with an outdoor shower built in close proximity to an existing electrical panel. Food and other items have also been allowed to accumulate in the yard along with multiple tarp covered areas that have been erected, creating an attractive nuisance and possible fire hazard. The property owner was notified and required to remedy the conditions by November 1, 2021.

CUP 2018-041-C does not include provisions for the property located at 14 S. A Street. Resolution 43-2019 included NPRM Site and Operations Plan as Attachment A, which outlines that 14 S. A Street provides for six long-term residential beds and two emergency shelter beds for women. City staff inspected the property located at 14 S. A Street on October 12, 2021, and found that the conditions that were out of compliance with the 1997 Uniform Housing Code had been remedied.

At its meeting on February 1, 2022, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had four successful inspections since the update provided to the City Council at its meeting on October 19, 2021, including an inspection of foundation forms to address a foundation issue in accordance with an engineer’s design on October 19, 2021, framing and wall insulation for the east restroom on January 7, 2022, sheetrock on January 18, 2022, and shower pan inspection on January 24, 2022.

At its meeting on August 16, 2022, staff provided an update to the Council that the NPRM received a final on the bathroom remodel on April 11, 2022, and that the Chief Building Inspector met with a NPRM representative to review the exterior ADA requirements to be completed with the next stage of the project.

At its meeting on February 21, 2023, staff provided an update to the Council that the NPRM has completed the concrete landing for the two east doors, which passed inspection on January 27, 2023.

At its meeting on August 8, 2023, staff provided an update to the City Council, the NPRM met with the Chief Building Inspector to review the layout of an ADA ramp to be utilized for exiting the west side of the facility. The remaining work to be completed in accordance with the NPRM’s approved plans is the construction of stairs and handrailing at the center door and to bring the west ramp into compliance.

Since the last update provided to Council, the NPRM completed the construction of the ramp leading to the front door. The ramp was inspected and approved by the Building Division. The NPRM's next component of the project is to construct a landing and a set of stairs in front of the raised door on the North side of the building.

The Code Enforcement Division has not issued any notices of violation to the NPRM since the last update was provided.

RECOMMENDATION:

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
Item No. 1.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Authorization to Repair City Well No.15
SOURCE: Public Works
COMMENT: The City of Porterville's Well No. 15, located on the Southwest corner of Morton Ave. and G St., has experienced an operational failure of a submersible motor. The water system's demand depends on all wells being operational, making it imperative that Well No. 15 be restored. Failure to correct this issue would affect the city’s overall water system pressure and production capabilities.

To secure the supplies for the pump repair company, three (3) bids were requested, and two (2) bids were received, with one (1) company unresponsive from these local pump repair companies:

Company Total
Carver Pump $ 20,074
S.A. Camp Pump and Drilling $ 24,667
Zim Industries Unresponsive
Carver Pump was the lowest bidder to respond. In addition, they are immediately available to supply the replacement parts for City Well No. 15 at a cost not to exceed $20,081 (inclusive of all parts, taxes, and contingencies). The total repair cost will be funded by the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Carver Pump for an amount not to exceed $22,081 (inclusive of all parts, taxes, and contingency) for the replacement parts for City Well No. 15; and

2. Direct the Finance Director to make payment to Carver Pump upon receipt of the invoice approved by the Public Works Director.

ATTACHMENTS: 1. Carver Pump Service Quote

2. S. A. Camp Pump and Drilling Company Quote

3. City Well15 Location Map
Appropriated/Funded:

Item No. 1.

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, City Manager

CITY WELL 15

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 CITY WELL 15 N G ST

W HARRISON AVE

W CLEVELAND AVE

W MORTON AVE N HAWAII ST N EL GRANITO ST N E ST

BARTLETT

MIDDLE SCHOOL
ST. ANNE'S
SCHOOL
Item No. 2.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Authorization to Negotiate a Consultant Contract - Santa Fe Byway Public Artist SOURCE: Engineering and Project Management
COMMENT: At its meeting on February 6, 2024, the City Council authorized the distribution of a Request for Proposals (RFP) for the design, fabrication, and installation of two (2) art installations (sculpture/statue) adjacent to the trail. On March 11, 2024, staff received one (1) Statement of Qualifications (SOQ) in response to the RFP. Staff reviewed the proposal received and found that the submitting artist is qualified and has extensive experience working with other cities to provide similar services as defined in this RFP. The lone SOQ was received from Adrian Litman Art & Design of Santa Rosa, CA.

Staff is pleased with the qualifications and experience and recommends negotiating a contract with them for the art components of this project. Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That the City Council authorize staff to negotiate a scope of services contract with Adrian Litman Art & Design for the art component of the Santa Fe Byway Revitalization and
Beautification Project.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 3.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Murry Park Pool Concession License Renewal
SOURCE: Parks and Leisure Services
COMMENT: The Concession License for the Murry Park City Pool concession building, located at 97 N. Park Drive, is up for renewal. Valley Paradigm Corporation has held the License since 2018 and has expressed interest in renewing it. The Concession License is for the general sale of soft drinks, ice cream, hot dogs, pre-packaged food, and general confectionery articles and products. The License states that the Licensee shall not sell or serve any type of alcoholic beverages on the premises. The proposed License Agreement requires the Licensee to comply with all Federal, State and local laws, rules and regulations.

The Licensee also shall maintain a City of Porterville non-profit business license during the term of the Concession License.

The proposed term of the License Agreement renewal is three years, with the Licensee being required to pay the City $300 for each month in which the concession building is utilized for concession activities in 2024. The monthly fee is further proposed to increase annually by $25. On February 1, 2024, the Parks and Leisure Services Commission unanimously recommended the threeyear Concession License renewal with Valley Paradigm.

RECOMMENDATION: That the City Council approve the renewal of the Murry Park Pool Concession License with Valley Paradigm Corporation for a three-year term.

ATTACHMENTS: 1. VP Pool Concession Renewal 2024
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE POOL CONCESSION LICENSE
The City of Porterville, hereinafter referred to as “CITY” hereby grants to Valley Paradigm Corporation, hereinafter referred to as “LICENSEE,” a license for services to the public in general, of the sale of soft drinks, ice cream, hot dogs, pre-packaged and outdoor grilled food, and general confectionary articles and products at the Murry Park Pool Concession building located at 97 N. Park Drive, Porterville, California. For the purposes of this License, “LICENSEE” shall mean Valley Paradigm Corporation and/or any of its employees, volunteers, agents or other representatives.

1. Term of this License Agreement shall be three years.

2. This License Agreement replaces and supersedes any and all prior License Agreements.

3. The LICENSEE’S appointment is conditional upon it passing a drug/alcohol test, fingerprint clearance, and/or reference check. This applies to all employees, volunteers, agent or other representatives working at CITY facilities.

LICENSEE’S signatory to this License will be the primary contact concerning this License and is responsible for custody and control of any and all keys or other security devices or code provided by CITY to LICENSEE for the facilities.

4. The LICENSEE shall, at all times during the term of said License, keep and maintain concession buildings open for the convenience of patrons at Murry Park during the hours in which said Park is being utilized for recreational and family swimming or at any other time the CITY deems the operation of the concession necessary for special activities. Failure to operate the concession facilities during the specified periods is a breach of this Agreement and shall constitute grounds for termination of this Agreement.

5. Each employee, volunteer, agent or other representative should: a) be clean, neat, and well-groomed; b) be professional, courteous, and friendly to the public; and c) adhere to the CITY personnel policy regarding dress code.

6. The LICENSEE shall keep and maintain all concession facilities, equipment and grounds at and around said concession building in good and sanitary condition and shall keep and maintain all of the concession fixtures and equipment in good condition and repair.

7. The LICENSEE shall not sell or serve any type of alcoholic beverage on the premises.

8. The LICENSEE shall arm the concession building and lock all gates upon closing the concession building and facility. The LICENSEE shall turn in all keys to the CITY five days after expiration of term.

9. In the event the LICENSEE shall coordinate the placement of refrigerators or vending and dispensing machines at the facility, LICENSEE shall ensure such machines are disengaged from CITY-provided utilities promptly at the conclusion of the term of this license. The LICENSEE shall also see to it that any type of machine or equipment does not block any door entrance.

10. In the event the LICENSEE shall fail, neglect or refuse to abide by and perform the terms, conditions, covenants, and agreements hereof, the CITY may, at its option, terminate and cancel this License and in the event of a termination of this License, the LICENSEE shall surrender up and deliver to the CITY complete possession of the premises where said License is being operated within 30 days after receiving notice to vacate. The apparent commission of a crime by LICENSEE or any of LICENSEE’S employees, contractors, agents, or volunteers during the term of this Agreement is grounds for immediate termination of this Agreement by the CITY.

11. The LICENSEE shall not assign, transfer or convey this license or any of the rights or benefits hereunder to any person, firm or corporation without first securing the written consent of the CITY, and said consent can be withheld for any reason.

12. The CITY, by its authorized agents and servants, reserves the right of entry upon the premises where said license is being operated for purposes of inspection.

13. Nothing herein shall be construed as making the CITY and the LICENSEE partners and/or the parties engaging in joint ventures.

14. The LICENSEE shall maintain compliance with all Federal, State and local laws, rules and regulations.

15. The LICENSEE shall pay to the City of Porterville by the 5th day of each month a fee of $300 for each full month in which the concession building is utilized for concession activities in 2024, and the monthly fee shall increase $25 per year for each additional year of the License. The monthly fee will be prorated for months the building is only open part of the month.

16. To the fullest extent permitted by law, the LICENSEE shall and hereby does agree to hold harmless, save, defend and indemnify the CITY, and all of its officers, agents, employees and volunteers of and from all manner of claims, demands, losses, damages, actions or causes of actions of all persons arising from or in any way connected with the use, occupation or employment of said License, or activities engaged in, or carried on, or conducted upon the premises by the LICENSEE, together with costs and attorney’s fees, except for losses due to the sole negligence or willful misconduct of the CITY.

17. LICENSEE shall secure and maintain, at LICENSEE’S expense, liability insurance including product liability with a two million dollar ($2,000,000) combined single limit for property damage and injury, including death, to one or more persons, and deposit with the CITY an original certificate of said insurance, naming the CITY, its officers, agents and employees as an additional insured on LICENSEE’S policy.

18. The LICENSEE shall maintain Workers’ Compensation Insurance for all its employees and volunteers who are in any way connected with the performance of LICENSEE’S concessionary interest to the extent as provided by law.

19. The LICENSEE shall maintain a City of Porterville Non-profit Business License during the term of this Concession License.

20. The LICENSEE shall maintain and keep adequate records of its sales from the licensed premises and agrees to permit the City to examine said records on demand.

In addition, LICENSEE, shall submit a completed Monthly Concession Report Form to the City no later than the fifth day of the month following any month during which the LICENSEE conducted concession sales.

21. The LICENSEE shall have the right and privilege, provided it is not in default of the terms and provisions of the License, at the end of the term or sooner termination thereof, to remove from the Licensed premises all personal property belonging to the LICENSEE, together with their stocks, goods and wares and trade fixtures that LICENSEE may have installed, provided the same can be removed without material injury to the premises and the LICENSEE hereby acknowledges receipt of the premises in good condition and repair.

22. Notwithstanding any provision of this agreement to the contrary this agreement may be terminated by either party, with or without cause, by giving the other party thirty days written notice of termination. Notice shall be given by personal delivery or first-class mail, return receipt requested.

23. Attorney Fees. If any litigation is commenced between the parties to the Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorney’s fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

24. The parties have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

25. During the entire term of this License, LICENSEE shall not suffer, allow, or permit any income, profit, or emolument gross and net from any of its activities arising from, connected with, or in any manner associated with the use and employment by the LICENSEE of this License to inure, to be paid to, or delivered to the benefit of any members, private shareholder, or individual; income, profit, gross and net, or other rights or benefits which shall arise from the use and employment of this LICENSEE shall be used solely, positively and exclusively to meet the necessary expenses or upkeep and operation of the activities of the LICENSEE as such, and not any members, shareholders, or individual.

IN WITNESS WHEREOF the parties have executed this License Agreement at Porterville, California this 19th day of March, 2024.

CITY OF PORTERVILLE LICENSEE
By: ____________________________ BY:__________________________ Martha A. Flores, Mayor
ATTEST:
__________________________________
BY: Patrice Hildreth, City Clerk
APPROVED AS TO FORM:
__________________________________
Julia M. Lew, City Attorney
Item No. 4.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Authorization for the Barn Theater to Sell Safe and Sane Fireworks from the City's Parking Lot at the Barn Theater
SOURCE: Parks and Leisure Services
COMMENT: For more than sixty (60) years, the Barn Theater, located at 42 South Plano Street, has been providing community entertainment. In April 2017, the City Council approved the Revocable License Agreement renewal with the Barn Theater with a twenty-five (25) year term effective April 18, 2017, through April 17, 2042. This was the second consecutive twenty-five (25) year License Agreement between the City and the Barn Theater. The Agreement states that 'the property is deemed suitable, necessary, and proper for use by the Barn Theater in carrying on and conducting a community enterprise of a non-profit, non-political, and non-religious nature for which the Barn Theater has been incorporated and organized, and is now engaged in, carrying on and conducting as a community enterprise, and for the benefit, enlightenment, amusement, recreation, education and advancement of the Porterville area, and not for the profit of any individual or enterprise.

During the pandemic, the Barn Theater, similar to other non-profit organizations, attempted new types of activities to continue providing some sort of offerings to the community and needed revenue for the organization. The Barn Theater Board of Directors expressed an interest to the City in having the Agreement amended to provide clarity on what types of fundraising activities the Barn Theater can provide for the community. Fundraising enables the Barn Theater to fulfill its primary purpose of providing community enrichment activities and theater programs. At its meeting on November 30, 2022, the City's Internal Audit Committee finalized the draft amendment to the current Revocable License Agreement. The proposed amendment that was agreed upon by the Barn Theater representatives and the Internal Audit Committee is: "As a community non-profit that is dependent on its fundraising activities, the Barn Theater shall be allowed to conduct fundraising and/or community enrichment activities at the property including, but not limited to fine arts performances and recitals, concerts, comedy nights, art displays and art nights, talent shows, dance shows, dinners and luncheons, Christmas parties, weddings, birthday parties, and baby showers and shall be allowed to sublicense the property to community clubs for such clubs' meetings." On January 17, 2023, City Council approved the aforementioned proposed amendments to the Revocable License Agreement between the City and the Barn Theater. In addition to other minor edits and clarifications, the amended Revocable License Agreement modified the term of the current Agreement from twenty-five (25) years to five years, with a mutual option for an extension of an additional year.

Item No. 4.

The Barn Theater was recently selected in the City's annual lottery for nonprofit organizations interested in selling Safe and Sane Fireworks for the days leading up to the Fourth of July. A Barn Theater representative inquired with City staff about conducting the fireworks sales from the City's parking lot at the Barn Theater. City staff believes that the desire to raise funds is in alignment with the intent stated in the current agreement the City has with the Barn Theater to conduct various types of fundraising activities. The site plan for the proposed temporary fireworks booth was reviewed by Fire Marshall and was found to meet the requirements set by the Fire Department.

RECOMMENDATION: That the City Council authorize the Barn Theater to sell fireworks on APN 261-210-007 adjacent to the Barn Theater and authorize the City Manager or their designee to sign the Safe and Sane Fireworks Property Use Declaration.

ATTACHMENTS: 1. Barn Theater 42 S Plano Porterville 2024 Site Plan

2. Locator Map

3. Safe and Sane Fireworks Property Use Declaration
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
DATE:_________________ SALESMAN: _______________________________ CITY:__________________________ ACCT #:________________ ORGANIZATION:_____________________________________________________________ CHAIRMAN:___________________________________ PHONE: Home ( )_____________ ( )________________ STAND SIZE:_________________ STAND UP DATE:__________________ STAND DOWN DATE:________________ ADDRESS / INTERSECTION:___________________________________________ AREA:________________________ SPECIAL INSTRUCTIONS:_Place 24’ Stand in grass area facing Plano St .Go off measurements_ ___ __________ ___________________________________________
_____________________________________________________________________________________________________ 2024 Porterville
The Barn Theater
Melanie Tyler 559 361-4287 559
24’ 6/22 7/10 NOON
Greg Van Scyoc
Barn Theater
605206
42 S Plano
Plano Street
Big Brand Tire
Parking Lot
103FT
20FT
43FT
38FT
N
The red is the storage container it needs to go this direction 4FT
153FT

24.5FT
22FT 44FT
63FT
N
TREE

STORAGE

CONTAINER

Item No. 5.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: 2023 General Plan Annual Progress Report
SOURCE: Community Development
COMMENT: Pursuant to Government Code Section 65300, each city and county is required to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities. The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision-makers and staff with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and
• Identify status of the general plan and the process towards its implementation.

The City of Porterville most recently updated the General Plan in 2008, creating the Porterville 2030 General Plan. The update brought the General Plan into legislative compliance at that time and added optional elements for: Economic Development; Parks, Schools, and Community Facilities; and Public Utilities.

Porterville’s Housing Element is published separately and updated on a different timeline, with its most recent update occurring in December 2015 as part of a coordinated effort with Tulare County. The 2030 Porterville General Plan contains the following elements:
• Land Use;
• Economic Development;
• Circulation;
• Parks, Schools & Community Facilities;
• Open Space & Conservation;
• Public Health & Safety;
• Public Utilities;
• Noise; and
Item No. 5.
• Housing.

The City of Porterville made progress towards implementing the guiding and implementation policies of the current General Plan during the 2019, 2020, 2021, 2022, and 2023 calendar years. Each section of the General Plan Annual Progress Report includes a summary of the overall objectives of the element along with a summary of activities initiated or completed for each year, which show progress on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses and may not be an exhaustive list of all General Plan implementation progress made during the applicable calendar year.

Following the City Council's receipt of the General Plan Annual Progress Reports, the Reports will be sent to OPR and HCD for their review/filing.

RECOMMENDATION: That the City Council review the 2019-2023 General Plan Annual Progress Reports and direct the Planning Division to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and
Research.

ATTACHMENTS: 1. Porterville General Plan APR 2019_Final Draft

2. Porterville General Plan APR 2020_Final Draft

3. Porterville General Plan APR 2021_Final Draft

4. Porterville General Plan APR 2022_Final Draft

5. Porterville General Plan APR 2023_Final Draft
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
City of Porterville General Plan
Annual Progress Report
Calendar Year 2019
Prepared for:

City of Porteville
291 N. Main Street
Porterville, CA 93257
Prepared by:

Provost & Pritchard Consulting Group
455 W. Fir Ave
Clovis, CA 93611
General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page i
Table of Contents
Introduction ..................................................................................................................................................1 Purpose of this Report .............................................................................................................................. 1 2030 Porterville General Plan........................................................................................................................1 Amendments.............................................................................................................................................2 Annexations..............................................................................................................................................2 General Plan Implementation Progress.........................................................................................................3 Land Use Element .....................................................................................................................................3 Residential Projects .............................................................................................................................. 3 Commercial/Industrial Projects............................................................................................................4 Mixed Use Projects............................................................................................................................... 5 Economic Development Element..............................................................................................................5 Circulation Element...................................................................................................................................5 Parks, School & Community Facilities Element.........................................................................................6 Open Space & Conservation Element .......................................................................................................7 Public Health & Safety Element ................................................................................................................7 Public Utilities Element............................................................................................................................. 7 Noise Element...........................................................................................................................................8 Housing Element.......................................................................................................................................8 General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 1
Introduction
Purpose of this Report
California law requires each city and county to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (Government Code Section 65300). The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision makers and staff with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), to the Governor’s Office of Planning and Research (OPR), and to the California Department of Housing and Community Development (HCD) in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and • Identify status of the general plan and the process towards its implementation.

The annual report is also required to include the information listed below, which are specific to reporting on progress related to implementation of the housing element, a subset of the larger general plan document:
• Describe the City’s progress in meeting its Regional Housings Needs Allocation; • Describe progress in addressing/removing governmental constraints to the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.

The Housing Element Annual Progress Report is required to be submitted on forms provided by HCD and is often submitted as a separate report to HCD and OPR. The City of Porterville has completed the Housing Element Annual Progress Report for the calendar year 2019 and has submitted that report under separate cover. Therefore, the above housing element-specific items are not included within this General Plan Annual Progress Report.

State law requires that the General Plan Annual Progress Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Progress Report summarizes the City’s progress towards implementing its General Plan during the 2019 calendar year.
2030 Porterville General Plan
The City of Porterville most recently updated its General Plan in 2008. The update brought the Plan into legislative compliance at that time and added optional elements for: Economic Development; Parks, Schools, and Community Facilities; and Public Utilities. Porterville’s Housing Element is published separately General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 2
and updated on a different timeline, with its most recent update occurring in December 2015. The 2030 Porterville General Plan contains the following elements:
• Land Use;
• Economic Development;
• Circulation;
• Parks, Schools & Community Facilities;
• Open Space & Conservation;
• Public Health & Safety;
• Public Utilities;
• Noise; and
• Housing.

Amendments
In 2019, the City of Porterville adopted the following General Plan Amendments:

Amendment
Number
Approval Date Description
2018-01 6/4/2019 Change land use designation on portions of Assessor Parcel Numbers 261-320-070, 261-320-071, and 261-320-064 from
Retail Centers to Medium Density Residential for the proposed River View Villas Development Project.
2018-02 10/1/2019 Change land use designation of Assessor Parcel Numbers 246- 111-59, -060, and -061 from Medium Density Residential to Retail Centers for the proposed Porter’s Crossing Commercial Center Phase II at Henderson Avenue and Prospect Street.

Annexations
The City of Porterville General Plan includes implementation policies that encourage annexation of County islands and unincorporated lands within the City’s Sphere of Influence.

In 2019, the City of Porterville processed the following Annexation requests:

Annexation Number Approval Date Description
Annexation 482 7/16/2019 Annexation of a substantially developed county island, consisting of approximately 22.9 acres, into the City of Porterville. Assessor Parcel Numbers: 254-050-005, -009, - 024, -035, -039, -040, -055, -056, -057, -058, - 059, -060, -061, -062
General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 3
General Plan Implementation Progress
The following sections discuss the progress the City of Porterville made towards implementing the guiding and implementation policies of the current General Plan during the 2019 calendar year and are organized by General Plan element. Each section includes a summary of the overall objectives of the element along with a summary of activities initiated or completed in 2019 that show progress on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses and may not be an exhaustive list of all General Plan implementation progress made during the applicable calendar year.

Land Use Element
The Land Use Element assists in the orderly development of the community and designates general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The Element also establishes standards of population density and building intensity. The General Plan provides policies and standards for various land use types, which are summarized below. The activities identified for each land use type focus primarily on private development activity, including planning applications approved and building permits issued in 2019.

While this report focused on data based on approvals and completion of projects that were approved by the City Council, additional permit approvals can be made at staff level by the Zoning Administrator.

However, Zoning Administrator approvals would typically include accessory structures or determinations of relief for fence height or setbacks and are often tied to a larger planning approval heard by City Council or tied to the issuance of a building permit, both of which are already reported below.

Residential Projects
Seven residential land use designations are identified in the General Plan that range in density from a maximum of 2.5 units per acre up to a maximum of 24 units per acre. These designations are intended to identify areas that are acceptable for housing; clarify the overall type of housing to be developed within each designation; and allow for a mixture of housing types, lot sizes, and affordability. Each residential designation includes a unit-per-acre maximum density expressed in units per gross acre. Types of housing include single-family units, multiple-family units including duplexes and apartment buildings, and mobile homes.
2019 Activities
The City approved several entitlement applications or issued building permits for residential projects, as follows:
• Approval of the River View Villas Subdivision, 62 units (Resolution No. 45-2019) • Approval of the 4
th St. Duplexes Tentative Subdivision Map, 8 multi-family residential lots (Resolution 37-2019)
• Extension of Time for Sierra Valley Tentative Subdivision Map, 74 single-family residential lots (Resolution No. 03-2019)
General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 4
• Extension of Time for Armalene Estates Tentative Subdivision Map, 62 single family residential lots (Resolution No. 04-2019)
• Extension of Time for the Royal Oaks Vesting Tentative Subdivision Map, 191 single family residential lots (Resolution 88-2019)
• 78 building permits were issued for new residential construction.

The City also leveraged partnerships with various groups to facilitate residential projects or provided funding through assistance programs, as follows:
• The City partnered with UP Holdings to develop Finca Serena, an 80-unit affordable housing apartment complex using a variety of public funds.
• The City expedited entitlement processing for special populations housing and worked together with the Housing Authority of Tulare County on the Lotas Street Apartments, an 8-unit multifamily, affordable housing project that opened in 2019 following completion. • City issued building permits for Nupchi Xo’ Oy, a 40-unit affordable housing project for Tule River Tribe and Porterville Community members.
• Community Development Block Grant (CDBG) Funds & the Home Investment Partnerships Program (HOME) were prioritized to promote Affordable Housing Programs. Under the First Time Homebuyer Assistance Program, the City has helped to mitigate one of the single largest barriers to obtaining affordable housing, and has made the homeownership dream a reality for low- to moderate-income people who would not otherwise have been able to purchase a home without the City’s assistance. Additionally, the funds available for the Housing Rehabilitation and Public Utilities Program assisted qualified homeowners to make health and safety improvements to their homes that they otherwise could not afford. Providing new affordable rental housing has a very positive effect on the community where such housing is in great demand. − 11 low-to-moderate income households, (two with CDBG funds and nine with HOME funds) were issued 30-year deferred 1% interest loans that helped with down payment, gap, and closing costs to help them have an affordable mortgage payment. This represents an investment of $725,703.57.
− Program Income (PI) funds were leveraged as the City received over $400,000 in PI from repayment of First Time Homebuyer loans.

Commercial/Industrial Projects
The General Plan includes seven commercial and industrial land use designations listed in the Commercial/Office/Industrial category. These designations are intended to provide services and employment opportunities to both local residents and people from surrounding communities. The designations note the appropriate building intensity and commercial or industrial uses appropriate in each area.
2019 Activities
• No substantial projects were ready to be approved.
• Seven building permits were issued for improvements to existing commercial/industrial structures.

General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 5
Mixed Use Projects
The General Plan includes two mixed-use land use designations. The Downtown Mixed-Use designation encourages a higher-density, vertical mix of uses with residential or office uses above ground floor retail or other commercial uses. It also provides for the development of more multi-family residential within walking distance of Downtown. The Commercial Mixed-Use designation allows for lower density butstill multi-story development where the uses may be either horizontally or vertically mixed.

The City works diligently to encourage and assist with proposals for mixed-use projects. Although no projects were approved during the 2019 reporting period, the City continues to support the mixed-use concept to help stimulate revitalization, especially in the downtown areas where unoccupied buildings are common.
2019 Activities
• No substantial projects were ready to be approved.
• No building permits issued.

Economic Development Element
The Economic Development Element contains policies and actions that enable the City to direct local resources to retain and assist local businesses and attract new industry that will increase its tax base and economic diversity. This Element has been included in the City’s General Plan to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. In addition, this Element seeks to improve the local business climate by providing jobs for its growing population, creating opportunities for supply of retail goods and services that are needed in the community, fostering the development of a City that sustains its downtown, and supporting regional-serving and neighborhood commercial centers that can meet the everyday needs of residents.

2019 Activities
• Community Development Block Grant (CDBG) Funds were prioritized for economic development activities that created or retained low- to moderate-income jobs. − Under the Business Assistance Programs, the City had three applicants who were all approved for low-interest loans in FY 18/19. As a result of this $128,788.57 investment, one job was created and 2 were retained.
• Request for Information (RFIs) from Tulare County Economic Development Corporation (TCEDC).

The City of Porterville responded to 13 RFIs from the TCEDC in FY 19/20. Despite not leading to development, the City of Porterville continues to work closely with the TCEDC and the State of California’s Go-Biz office to explore development opportunities for Porterville.

Circulation Element
The Circulation Element is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Porterville’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 6
provisions for roadways, transit, aviation, pedestrian, and bicycle transportation modes, as well as parking.

The intent of the Element is to:
• identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system;
• consider alternatives other than the single-occupant vehicle as essential in providing services and access to facilities; and
• establish policies that coordinate regional transportation planning circulation systems with General Plan and area plan land use maps and provide direction for future decision-making. 2019 Activities
• Completion of the Downtown Parking Lots Perimeter Improvement Project. This project consisted of removing existing concrete improvements and replacing them with new curb ramps, driveways, stamped concrete, parkway trees, and other pedestrian amenities along the perimeter of the existing parking lots in Downtown. The project was initially started in 2017; the City Council accepted the project as complete and filed a Notice of Completion in 2019. • Completion of the Orange Avenue and Henderson Avenue Rehabilitation Project. This project included the removal and replacement of asphalt, ramps, and alley approaches on Orange Avenue from Plano Street to Main Street as well as on Henderson Avenue from Newcomb Street to Patsy Street. The project also upgraded the traffic signals along Orange Avenue at the Main Street and Wallace Street intersections.
• Completion of the Plano Concrete Curb Ramp Project. This project included the replacement of all concrete curb ramps and distressed asphalt from Henderson Avenue to Vandalia Avenue. This project also included the installation of water main pipes as noted under Public Utilities Element activities below.
• Completion of the Plano Street Micro Surfacing Project. This project completed a crack sealing of the existing pavement, applying a micro surfacing layer, and installing new striping and markings along Plano Street from Henderson Avenue to Vandalia Avenue.

Parks, School & Community Facilities Element
The Parks, School & Community Facilities Element presents Porterville’s policies and programs for the development and maintenance of parks, schools, and community facilities. Additionally, this Element provides an inventory of existing and planned parks, recreation facilities, public schools, and other community facilities. This Element:
• serves as a guide for park planning and development documents prepared by the Department of Parks and Leisure Services and the Parks and Leisure Services Commission; • provides adequate, flexible school sites by recommending and discussing potential sites for elementary, middle, and high schools; and
• promotes the development of community facilities as part of the network of public and private institutions that support the civic and social needs of the population. 2019 Activities
• Completion of the Concrete and ADA Improvements Project. This project included the removal and installation of portions of concrete improvements at City Hall, Centennial Plaza building, Second Street, Third Street, and Porterville Police Shooting Range to comply with ADA policies. • Authorization of the Henry House Property Improvements. This action authorized the construction of park amenities and landscaping at the Henry House Property.

General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 7
• Authorization of the Library Improvement Project. This action authorized the provision of a new family restroom and modernizing the existing elevator for the library. • Community Development Block Grant (CDBG) Funds were prioritized to support the Cityoperated Youth Center. − Under the Youth Center Program, the City continued funding the Porterville Youth Center. In FY 18/19 the Youth Center averaged a daily attendance of 29 low-to moderateincome youth, with an unduplicated annual enrollment of 94 youth serviced of which

90.43% came from low- to moderate-income households. This represents an investment of $103,335.15.

Open Space & Conservation Element
The Open Space & Conservation Element is intended to establish policies and actions for the conservation, development, and use of open space and natural resources. Topics addressed include open space, agriculture and farmland resources, land resources, including soils and minerals, biological resources, water quality, air quality, and cultural resources. The three General Plan initiatives this element addresses are:
providing Porterville with a network of parks and open space; protecting ridgelines, visible hillsides, and significant environmental resources; and protecting community assets. 2019 Activities
No substantial open space and conservation element activities were implemented.

Public Health & Safety Element
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards; wildfire hazards; hazardous materials; flood hazards; and safety services such as law enforcement, fire protection, and emergency response.
2019 Activities
• Completion of the Library, Fire Station, and Airport Asbestos and Other Hazardous Materials Abatement Project. This project included the removal of asbestos and hazardous materials at the Library, Fire Station, and Airport as preparation for future remodeling and painting at each location.
• Authorization for the Police Department Communications Center Upgrade Project. This action authorized the upgrade of the existing outdated communications work consoles for law enforcement dispatchers.
• Approval to Purchase Three Fire Command Vehicles. This action approved the purchase and replacement of three fire command vehicles along with the acquisition and installation of equipment on the new vehicles. The purchases were made prior to the start of peak fire season.

Public Utilities Element
The purpose of the Public Utilities element is to provide policies and programs to ensure that the public utilities and services the community relies on will have the capacity to serve new development under the General Plan Annual Progress Report Calendar Year 2019
City of Porterville Page 8
General Plan without degrading existing service levels. The public utilities provided by the City of Porterville or quasi-public organizations include water, wastewater, stormwater, solid waste, electricity, natural gas, and telecommunications.
2019 Activities
• Completion of the Sewer Annexations 456A, 456B, 456C Project. This project included the installation of 1.21 miles of sewer main and 207 sewer laterals in the Annexation 456A, 456B, 456C areas along with sewer main and laterals in the east Henderson area. • Completion of the Plano Water Main Replacement Project. This project included the installation of water main pipe along Plano Street from Date Avenue to Vandalia Avenue. This project also included the replacement of concrete curb ramps and distressed asphalt as noted under the Circulation Element activities above.

Noise Element
The purpose of the Noise Element is to identify the existing noise sources within the City and to establish policies and programs to mitigate potential impacts through both preventative and responsive measures.

The regulation of noise sources such as traffic, railroad operations, and aircraft operations is overseen by State and federal agencies; therefore, this element has a direct correlation with the land use, circulation, and housing elements.
2019 Activities
No substantial noise element activities were implemented.

Housing Element
As noted in the Introduction, HCD requires the reporting of the Housing Element on specific state reporting forms. The method of reporting of the Housing Element is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its Regional Housing Needs Allocation (RHNA). The City’s Housing Element APR for 2019 has been completed and submitted to HCD separately.

City of Porterville General Plan
Annual Progress Report
Calendar Year 2020
Prepared for:

City of Porteville
291 N. Main Street
Porterville, CA 93257
Prepared by:

Provost & Pritchard Consulting Group
455 W. Fir Ave
Clovis, CA 93611
General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page i
Table of Contents
Introduction ..................................................................................................................................................1 Purpose of this Report .............................................................................................................................. 1 2030 Porterville General Plan........................................................................................................................1 Amendments.............................................................................................................................................2 Annexations..............................................................................................................................................2 General Plan Implementation Progress.........................................................................................................3 Land Use Element .....................................................................................................................................3 Residential Projects .............................................................................................................................. 3 Commercial/Industrial Projects............................................................................................................4 Mixed Use Projects............................................................................................................................... 4 Economic Development Element..............................................................................................................5 Circulation Element...................................................................................................................................5 Parks, School & Community Facilities Element.........................................................................................6 Open Space & Conservation Element .......................................................................................................6 Public Health & Safety Element ................................................................................................................7 Public Utilities Element............................................................................................................................. 7 Noise Element...........................................................................................................................................8 Housing Element.......................................................................................................................................8 General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 1
Introduction
Purpose of this Report
California law requires each city and county to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (Government Code Section 65300). The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision makers and staff with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), to the Governor’s Office of Planning and Research (OPR), and to the California Department of Housing and Community Development (HCD) in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and • Identify status of the general plan and the process towards its implementation.

The annual report is also required to include the information listed below, which is specific to reporting on progress related to the implementation of the housing element, a subset of the larger general plan document:
• Describe the City’s progress in meeting its Regional Housings Needs Allocation; • Describe progress in addressing/removing governmental constraints to the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.

The Housing Element Annual Progress Report is required to be submitted on forms provided by HCD and is often submitted as a separate report to HCD and OPR. The City of Porterville has completed the Housing Element Annual Progress Report for the calendar year 2020 and has submitted that report under separate cover. Therefore, the above housing element-specific items are not included in this General Plan Annual Progress Report.

State law requires that the General Plan Annual Progress Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Progress Report summarizes the City’s progress toward implementing its General Plan during the 2020 calendar year.
2030 Porterville General Plan
The City of Porterville most recently updated its General Plan in 2008. The update brought the Plan into legislative compliance at that time and added optional elements for: Economic Development; Parks, Schools, Community Facilities; and Public Utilities. Porterville’s Housing Element is published separately General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 2
and updated on a different timeline, with its most recent update occurring in December 2015. The 2030 Porterville General Plan contains the following elements:
• Land Use;
• Economic Development;
• Circulation;
• Parks, Schools & Community Facilities;
• Open Space & Conservation;
• Public Health & Safety;
• Public Utilities;
• Noise; and
• Housing.

Amendments
No General Plan amendments were adopted during 2020.

Annexations
The City of Porterville General Plan includes implementation policies that encourage annexation of County islands and unincorporated lands within the City’s Sphere of Influence.

In 2020, the City of Porterville processed the following Annexation requests:

Annexation Number Approval Date Description
Annexation 484 4/21/2020 Consolidation of the Central Mutual Water Company, a small water system that serves approximately 30 homes on South Kessing Street, south of Gibbons Avenue, just outside the city limit.

Annexation 485 10/20/2020 Annexation of an 11.62-acre site located in northwest Porterville, bounded to the north by west Linda Vista Avenue and to the east by north Newcomb Street, to allow for the development of the Citrus Blossom Tentative Subdivision Map.

Assessor Parcel Number 243-130-042.

General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 3
General Plan Implementation Progress
The following sections discuss the progress the City of Porterville made towards implementing the guiding and implementation policies of the current General Plan during the 2020 calendar year and are organized by General Plan element. Each section includes a summary of the overall objectives of the element along with a summary of activities initiated or completed in 2020 that show progress on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses and may not be an exhaustive list of all General Plan implementation progress made during the applicable calendar year.

Land Use Element
The Land Use Element assists in the orderly development of the community and designates general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The Element also establishes standards of population density and building intensity. The General Plan provides policies and standards for various land use types, which are summarized below. The activities identified for each land use type focus primarily on private development activity, including planning applications approved and building permits issued in 2020.

While this report focused on data based on approvals and completion of projects that were approved by the City Council, additional permit approvals can be made at staff level by the Zoning Administrator.

However, Zoning Administrator approvals would typically include accessory structures or determinations of relief for fence height or setbacks and are often tied to a larger planning approval heard by City Council or tied to the issuance of a building permit, both of which are already reported below.

Residential Projects
Seven residential land use designations are identified in the General Plan that range in density from a maximum of 2.5 units per acre up to a maximum of 24 units per acre. These designations are intended to identify areas that are acceptable for housing; clarify the overall type of housing to be developed within each designation; and allow for a mixture of housing types, lot sizes, and affordability. Each residential designation includes a unit-per-acre maximum density expressed in units per gross acre. Types of housing include single-family units, multiple-family units including duplexes and apartment buildings, and mobile homes.
2020 Activities
The City approved several entitlement applications or issued building permits for residential projects, as follows:
• Approval of the Villas as Sierra Meadows Tentative Subdivision Map, 106 units (Resolution No. 10-2020)
• Approval of the Woodland Tentative Subdivision Map, 32 detached single-family residential lots, a 6,019± square foot pocket park (Resolution 03-2020)
• Approval of the Hillside Estates Tentative Subdivision Map, 28 single-family residential lots (Resolution No. 16-2020)
General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 4
• 61 building permits were issued for new residential construction.

The City also leveraged partnerships with various groups to facilitate residential projects or provided funding through assistance programs, as follows:
• Community Development Block Grant (CDBG) Funds & the Home Investment Partnerships Program (HOME) were prioritized to promote Affordable Housing Programs. Under the First Time Homebuyer Assistance Program, the City has helped to mitigate one of the single largest barriers to obtaining affordable housing, and has made the homeownership dream a reality for low- to moderate-income people who would not otherwise have been able to purchase a home without the City’s assistance. Additionally, the funds available for the Housing Rehabilitation and Public Utilities Program assisted qualified homeowners to make health and safety improvements to their homes that they otherwise could not afford. Providing new affordable rental housing has a very positive effect on the community where such housing is in great demand. − 2 low-to-moderate income households were issued 30-year deferred 1% interest loans that helped with down payment, gap, and closing costs to help them have an affordable mortgage payment.

Commercial/Industrial Projects
The General Plan includes seven commercial and industrial land use designations listed in the Commercial/Office/Industrial category. These designations are intended to provide services and employment opportunities to both local residents and people from surrounding communities. The designations note the appropriate building intensity and commercial or industrial uses appropriate in each area.
2020 Activities
• No substantial projects were ready for approval.
• 45 building permits were issued for commercial/industrial structures.

Mixed Use Projects
The General Plan includes two mixed-use land use designations. The Downtown Mixed-Use designation encourages a higher-density, vertical mix of uses with residential or office uses above ground floor retail or other commercial uses. It also provides for the development of more multi-family residential within walking distance of Downtown. The Commercial Mixed-Use designation allows for lower density butstill multi-story development where the uses may be either horizontally or vertically mixed.

The City works diligently to encourage and assist with proposals for mixed-use projects. The City continues to support the mixed-use concept to help stimulate revitalization, especially in the downtown areas where unoccupied buildings are common.
2020 Activities
• Tractor Supply Co. was developed as part of the Pacific Rim Mixed-Use Development. • Approval of Modification #3 to the Pacific Rim Commercial Mixed-Use Project Conditional Use Permit (PRC 2012-002-C) which reduced the Commercial component, converting it into additional General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 5
residential space by 104 multi-family units and resulting in a total of 352 units for this development.

The development of additional housing helped increase the availability of housing stock, alleviating the statewide housing crisis.
• No new building permits issued.

Economic Development Element
The Economic Development Element contains policies and actions that enable the City to direct local resources to retain and assist local businesses and attract new industry that will increase its tax base and economic diversity. This Element has been included in the City’s General Plan to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. In addition, this Element seeks to improve the local business climate by providing jobs for its growing population, creating opportunities for the supply of retail goods and services that are needed in the community, fostering the development of a City that sustains its downtown, and supporting regional-serving and neighborhood commercial centers that can meet the everyday needs of residents. 2020 Activities
• Community Development Block Grant (CDBG) Funds were prioritized for economic development activities that created or retained low- to moderate-income jobs. − Under the Business Assistance Programs, the City had two applicants, both of whom were approved for low-interest loans in FY 19/20 related to job creation. As a result of this $50,625.70 investment, three jobs were retained.
• Request for Information (RFIs) from Tulare County Economic Development Corporation (TCEDC).

The City of Porterville responded to 4 RFIs from the TCEDC in FY 20/21. Despite not leading to development, the City of Porterville continues to work closely with the TCEDC and the State of California’s Go-Biz office to explore development opportunities for Porterville.

Circulation Element
The Circulation Element is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Porterville’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, transit, aviation, pedestrian, and bicycle transportation modes, as well as parking.

The intent of the Element is to:
• identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system;
• consider alternatives other than the single-occupant vehicle as essential in providing services and access to facilities; and
• establish policies that coordinate regional transportation planning circulation systems with General Plan and area plan land use maps and provide direction for future decision-making. 2020 Activities
• Completion of the Rails-to-Trails Corridor Lighted Crosswalk Project. This project consisted of installing three high visibility lighted crosswalk systems with in-pavement light canisters, push General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 6
button actuators, and flashing LED pedestrian crossing signs. The lighted crosswalk systems were installed along the Rails-to-Trails at Mill Avenue, Oak Avenue, and Harrison Avenue.

Parks, School & Community Facilities Element
The Parks, School & Community Facilities Element presents Porterville’s policies and programs for the development and maintenance of parks, schools, and community facilities. Additionally, this Element provides an inventory of existing and planned parks, recreation facilities, public schools, and other community facilities. This Element:
• serves as a guide for park planning and development documents prepared by the Department of Parks and Leisure Services and the Parks and Leisure Services Commission; • provides adequate, flexible school sites by recommending and discussing potential sites for elementary, middle, and high schools; and
• promotes the development of community facilities as part of the network of public and private institutions that support the civic and social needs of the population. 2020 Activities
• Completion of the demolition of the City Library. The structure required emergency demolition after being catastrophically damaged by fire on February 18, 2020. • Completion of the City Restroom Facilities Projects. The project included construction elements for the Airway Café that created an accessible restroom space and the renovation of existing restrooms at Veterans Park and Zalud Park for access compliance.
• Completion of City Hall Fire Alarm Project. The project included the installation of a nonproprietary replacement fire alarm system for City Hall located at 291 N. Main Street. • Community Development Block Grant (CDBG) Funds were prioritized to support the Cityoperated Youth Center. − The City continued funding of the Porterville Youth Center, which saw a daily average attendance of 18 low-to-moderate-income youth. The Youth Center closed in March due to COVID-19, therefore only 55 of the 100 anticipated unduplicated youth were served, of which 96.63% were from low- to moderate-income households. As a result, $9,259.73 of the allocated FY 19/20 entitlement funds were not expended.

Open Space & Conservation Element
The Open Space & Conservation Element is intended to establish policies and actions for the conservation, development, and use of open space and natural resources. Topics addressed include open space, agriculture and farmland resources, land resources, including soils and minerals, biological resources, water quality, air quality, and cultural resources. The three General Plan initiatives this element addresses are:
providing Porterville with a network of parks and open space; protecting ridgelines, visible hillsides, and significant environmental resources; and protecting community assets. 2020 Activities
No substantial open space and conservation element activities were implemented.

General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 7
Public Health & Safety Element
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards; wildfire hazards; hazardous materials; flood hazards; and safety services such law enforcement, fire protection, and emergency response.
2020 Activities
• Completion of Stucco Repair and Painting of Fire Station 71. The project included repairs to the stucco of the exterior of the building and repainting the exterior to accentuate and highlight the Art Deco style of the structure.
• Acceptance of the Selective Traffic Enforcement Program (STEP) Grant Award. On June 10, 2020, the Porterville Police Department received notification from the California Office of Traffic Safety (OTS) that funding in the amount of $105,500 had been approved for the City of Porterville’s STEP program. The funding will cover personnel costs (overtime) associated with multiple DUI/License checkpoints, special saturation patrols, and targeted enforcement of areas of repeated traffic collisions, as well as for the purchase of specialized equipment for police units that target individuals speeding in high collision areas. The proposed grant will fund the STEP program for the period of October 1, 2020, through September 30, 2021.

Public Utilities Element
The purpose of the Public Utilities element is to provide policies and programs to ensure that the public utilities and services the community relies on will have the capacity to serve new development under the General Plan without degrading existing service levels. The public utilities provided by the City of Porterville or quasi-public organizations include water, wastewater, stormwater, solid waste, electricity, natural gas, and telecommunications.
2020 Activities
• Completion of the Well No. 37 Project. The project consisted of installing a new well located southwest of Olive Avenue and Newcomb Street, just north of the Tule River in the Summit Estates Two subdivision.
• Completion of the Corporation Yard Electrification Project. The project consisted of installing 10 new electric charging stations, a photovoltaic system on a pre-engineered structure, conduit work to connect to Southern California Edison disconnect switches and service pedestal, fiber conduit running from the Corporation Yard main office to new charging stations, as well as a new pre-manufactured concrete utility structure. Also included in the project were grading, paving, concrete, and storm drain improvements. The project area is in the southeast corner of the City's Corporation Yard.
• Asbestos and Other Hazardous Materials Abatement and Demolition Project. Staff has completed the preparation of construction and specifications (i.e. Project Manual) for the Asbestos Remediation and Hazardous Material Abatement of the Stout Building, Waste Water Treatment Facility (WWTF) Office, and Spencer House Demolition Project. The proposed project consists of the required abatement of existing asbestos materials, mercury lighting, and other components mandating specific abatement protocol mandated by State regulations. The proposed project General Plan Annual Progress Report Calendar Year 2020
City of Porterville Page 8
includes the full demolition of the Spencer House and WWTF Office (while protecting SCADA equipment), and the first step in the remodeling of the Stout Building. • Completion of purchase of two Compressed Natural Gas (CNG) Refuse Trucks. Commercial truck dealership, E.M. Tharp of Porterville, has completed the purchase, assembly, and delivery of two CNG refuse trucks according to the City's specifications, and the City has taken possession of the side-loader refuse trucks. E.M. Tharp delivered the refuse trucks in January of 2020 and staff has found the vehicles to be in compliance with the purchase agreement.

Noise Element
The purpose of the Noise Element is to identify the existing noise sources within the City and to establish policies and programs to mitigate potential impacts through both preventative and responsive measures.

The regulation of noise sources such as traffic, railroad operations, and aircraft operations is overseen by State and federal agencies; therefore, this element has a direct correlation with the land use, circulation, and housing elements.
2020 Activities
No substantial noise element activities were implemented.

Housing Element
As noted in the Introduction, HCD requires the reporting of the Housing Element on specific state reporting forms. The method of reporting of the Housing Element is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its Regional Housing Needs Allocation (RHNA). The City’s Housing Element APR for 2020 has been completed and submitted to HCD separately.

City of Porterville General Plan
Annual Progress Report
Calendar Year 2021
Prepared for:

City of Porteville
291 N. Main Street
Porterville, CA 93257
Prepared by:

Provost & Pritchard Consulting Group
455 W. Fir Ave
Clovis, CA 93611
General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page i
Table of Contents
Introduction ..................................................................................................................................................1 Purpose of this Report .............................................................................................................................. 1 2030 Porterville General Plan........................................................................................................................1 Amendments.............................................................................................................................................2 Annexations..............................................................................................................................................2 General Plan Implementation Progress.........................................................................................................2 Land Use Element .....................................................................................................................................2 Residential Projects .............................................................................................................................. 3 Commercial/Industrial Projects............................................................................................................3 Mixed Use Projects............................................................................................................................... 4 Economic Development Element..............................................................................................................4 Circulation Element...................................................................................................................................5 Parks, School & Community Facilities Element.........................................................................................5 Open Space & Conservation Element .......................................................................................................5 Public Health & Safety Element ................................................................................................................6 Public Utilities Element............................................................................................................................. 6 Noise Element...........................................................................................................................................7 Housing Element.......................................................................................................................................7 General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 1
Introduction
Purpose of this Report
California law requires each city and county to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (Government Code Section 65300). The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision makers and staff with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), to the Governor’s Office of Planning and Research (OPR), and to the California Department of Housing and Community Development (HCD) in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and • Identify status of the general plan and the process towards its implementation.

The annual report is also required to include the information listed below, which is specific to reporting on progress related to the implementation of the housing element, a subset of the larger general plan document:
• Describe the City’s progress in meeting its Regional Housings Needs Allocation; • Describe progress in addressing/removing governmental constraints to the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.

The Housing Element Annual Progress Report is required to be submitted on forms provided by HCD and is often submitted as a separate report to HCD and OPR. The City of Porterville has completed the Housing Element Annual Progress Report for the calendar year 2021 and has submitted that report under separate cover. Therefore, the above housing element-specific items are not included in this General Plan Annual Progress Report.

State law requires that the General Plan Annual Progress Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Progress Report summarizes the City’s progress toward implementing its General Plan during the 2021 calendar year.
2030 Porterville General Plan
The City of Porterville most recently updated its General Plan in 2008. The update brought the Plan into legislative compliance at that time and added optional elements for: Economic Development; Parks, Schools, and Community Facilities; and Public Utilities. Porterville’s Housing Element is published separately General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 2
and updated on a different timeline, with its most recent update occurring in December 2015. The 2030 Porterville General Plan contains the following elements:
• Land Use;
• Economic Development;
• Circulation;
• Parks, Schools & Community Facilities;
• Open Space & Conservation;
• Public Health & Safety;
• Public Utilities;
• Noise; and
• Housing.

Amendments
No General Plan amendments were adopted during 2021.

Annexations
The City of Porterville General Plan includes implementation policies that encourage annexation of County islands and unincorporated lands within the City’s Sphere of Influence. However, no annexations were processed during 2021.

General Plan Implementation Progress
The following sections discuss the progress the City of Porterville made towards implementing the guiding and implementation policies of the current General Plan during the 2021 calendar year and are organized by General Plan element. Each section includes a summary of the overall objectives of the element along with a summary of activities initiated or completed in 2021 that show progress on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses and may not be an exhaustive list of all General Plan implementation progress made during the applicable calendar year.

Land Use Element
The Land Use Element assists in the orderly development of the community and designates the general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The Element also establishes standards of population density and building intensity. The General Plan provides policies and standards for various land use types, which are summarized below. The activities identified for each land use type focus primarily on private development activity, including planning applications approved and building permits issued in 2021.

While this report focused on data based on approvals and completion of projects that were approved by the City Council, additional permit approvals can be made at staff level by the Zoning Administrator.

However, Zoning Administrator approvals would typically include accessory structures or determinations of relief for fence height or setbacks and are often tied to a larger planning approval heard by City Council or tied to the issuance of a building permit, both of which are already reported below.

General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 3
Residential Projects
Seven residential land use designations are identified in the General Plan that range in density from a maximum of 2.5 units per acre up to a maximum of 24 units per acre. These designations are intended to identify areas that are acceptable for housing; clarify the overall type of housing to be developed within each designation; and allow for a mixture of housing types, lot sizes, and affordability. Each residential designation includes a unit-per-acre maximum density expressed in units per gross acre. Types of housing include single-family units, multiple-family units including duplexes and apartment buildings, and mobile homes.
2021 Activities
The City approved several entitlement applications or issued building permits for residential projects, as follows:
• Approval of the Henderson Apartments development – Lots with no frontage (PRC 2020-001-C, Resolution No. 20-2021)
• 233 units were issued building permits for construction.

The City also leveraged partnerships with various groups to facilitate residential projects or provided funding through assistance programs, as follows:
• Affordable Housing/Bonus Density Incentives – Finca Serena. Council approved the draft Resolution approving the issuance of the Bonds by the California Municipal Finance Authority for the benefit of UP Holdings California, LLC (PRC 2019-033, Resolution No. 24-2021) • Community Development Block Grant (CDBG) Funds & the Home Investment Partnerships Program (HOME) were prioritized to promote Affordable Housing Programs. Under the First Time Homebuyer Assistance Program, the City has helped to mitigate one of the single largest barriers to obtaining affordable housing, and has made the homeownership dream a reality for low- to moderate-income people who would not otherwise have been able to purchase a home without the City’s assistance. Additionally, the funds available for the Housing Rehabilitation and Public Utilities Program assisted qualified homeowners to make health and safety improvements to their homes that they otherwise could not afford. Providing new affordable rental housing has a very positive effect on the community where such housing is in great demand. − First-Time Homebuyer Loan Program: The FY 21/22 Action Plan set a goal that at least one low-to-moderate income household would receive assistance. This goal was attained by assisting one low-to-moderate income household with CDBG funds and one with HOME and CalHome funds.

Commercial/Industrial Projects
The General Plan includes seven commercial and industrial land use designations listed in the Commercial/Office/Industrial category. These designations are intended to provide services and employment opportunities to both local residents and people from surrounding communities. The designations note the appropriate building intensity and commercial or industrial uses appropriate in each area.

General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 4
2021 Activities
• No substantial projects were ready for approval.
• 36 building permits were issued for improvements to existing commercial/industrial structures.

Mixed Use Projects
The General Plan includes two mixed-use land use designations. The Downtown Mixed-Use designation encourages a higher-density, vertical mix of uses with residential or office uses above ground floor retail or other commercial uses. It also provides for the development of more multi-family residential within walking distance of Downtown. The Commercial Mixed-Use designation allows for lower density butstill multi-story development where the uses may be either horizontally or vertically mixed.

The City works diligently to encourage and assist with proposals for mixed-use projects. Although no projects were approved during the 2021 reporting period, the City continues to support the mixed-use concept to help stimulate revitalization, especially in the downtown areas where unoccupied buildings are common.
2021 Activities
• No substantial projects were ready for approval.
• No building permits issued.

Economic Development Element
The Economic Development Element contains policies and actions that enable the City to direct local resources to retain and assist local businesses and attract new industry that will increase its tax base and economic diversity. This Element has been included in the City’s General Plan to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. In addition, this Element seeks to improve the local business climate by providing jobs for its growing population, creating opportunities for the supply of retail goods and services that are needed in the community, fostering the development of a City that sustains its downtown, and supporting regional-serving and neighborhood commercial centers that can meet the everyday needs of residents.

2021 Activities
• Community Development Block Grant (CDBG) Funds were prioritized for economic development activities that created or retained low- to moderate-income jobs. − Under the Business Assistance Programs, the City had received 22 applications from local businesses, 14 of which were approved for forgivable loans, an investment of $781,619.60.
• Request for Information (RFIs) from Tulare County Economic Development Corporation (TCEDC).

The City of Porterville responded to 7 RFIs from the TCEDC in FY 21/22. Despite not leading to development, the City of Porterville continues to work closely with the TCEDC and the State of California’s Go-Biz office to explore development opportunities for Porterville.

General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 5
Circulation Element
The Circulation Element is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Porterville’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, transit, aviation, pedestrian, and bicycle transportation modes, as well as parking.

The intent of the Element is to:
• identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system;
• consider alternatives other than the single-occupant vehicle as essential in providing services and access to facilities; and
• establish policies that coordinate regional transportation planning circulation systems with General Plan and area plan land use maps and provide direction for future decision-making. 2021 Activities
No substantial circulation element activities were implemented.

Parks, School & Community Facilities Element
The Parks, School & Community Facilities Element presents Porterville’s policies and programs for the development and maintenance of parks, schools, and community facilities. Additionally, this Element provides an inventory of existing and planned parks, recreation facilities, public schools, and other community facilities. This Element:
• serves as a guide for park planning and development documents prepared by the Department of Parks and Leisure Services and the Parks and Leisure Services Commission; • provides adequate, flexible school sites by recommending and discussing potential sites for elementary, middle, and high schools; and
• promotes the development of community facilities as part of the network of public and private institutions that support the civic and social needs of the population. 2021 Activities
• Resolution Approving the Application for Statewide Park Development and Community Revitalization Program Grant Funds (Proposition 68). City Council approved the application for Statewide Park Development and Community Revitalization Program Grant Funds. • Youth Center Program. Due to state-mandated school closures and in an effort to protect public health and slow the rate of transmission of COVID-19, the Youth Center has been closed since March 2020. Funds in the amount of $100,000 were reprogrammed to the Section 108 Early Repayment activity.

Open Space & Conservation Element
The Open Space & Conservation Element is intended to establish policies and actions for the conservation, development, and use of open space and natural resources. Topics addressed include open space, agriculture and farmland resources, land resources, including soils and minerals, biological resources, water quality, air quality, and cultural resources. The three General Plan initiatives this element addresses are:

General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 6
providing Porterville with a network of parks and open space; protecting ridgelines, visible hillsides, and significant environmental resources; and protecting community assets. 2021 Activities
No substantial open space and conservation element activities were implemented.

Public Health & Safety Element
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards; wildfire hazards; hazardous materials; flood hazards; and safety services such as law enforcement, fire protection, and emergency response.
2021 Activities
• Acceptance of the Selective Traffic Enforcement Program (STEP) Grant. In April 2021, the Porterville Police Department submitted a grant proposal/application to the California Office of Traffic Safety (OTS) requesting funding for personnel costs (overtime) associated with the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed or injured in vehicle crashes involving alcohol, speed, red light violations, and other recurring primary collision factors within the City. On June 30, 2021, the Department received notification from OTS that funding in the amount of $100,000 had been approved for the City's STEP program.
• Acceptance of the California Office of Traffic Safety (OTS) Records Improvement Project Grant. In April 2021, the Porterville Police Department submitted a grant proposal/application to the OTS requesting funding for Traffic Records Improvement Programs. The goal of this grant program is to assist the Porterville Police Department’s Records Management System in timely, accurate, complete, and uniform reporting of traffic collisions to the State of California. The grant helps local agencies prioritize traffic safety issues, identify safety countermeasures, and evaluate their effectiveness. On June 10, 2021, the Department received notification from OTS that funding in the amount of $60,000 had been approved for the City for the Traffic Records Improvement Program.

Public Utilities Element
The purpose of the Public Utilities element is to provide policies and programs to ensure that the public utilities and services the community relies on will have the capacity to serve new development under the General Plan without degrading existing service levels. The public utilities provided by the City of Porterville or quasi-public organizations include water, wastewater, stormwater, solid waste, electricity, natural gas, and telecommunications.
2021 Activities
• Completion of Various Water Projects. The projects consisted of the installation of a new water main and the removal and replacement of all existing water meters at D Street between Putnam Avenue and Oak Avenue, the connection onto Olive Avenue from Lotas General Plan Annual Progress Report Calendar Year 2021
City of Porterville Page 7
Street, and North Avenue from Main Street to Second Street.

Noise Element
The purpose of the Noise Element is to identify the existing noise sources within the City and to establish policies and programs to mitigate potential impacts through both preventative and responsive measures.

The regulation of noise sources such as traffic, railroad operations, and aircraft operations is overseen by State and federal agencies; therefore, this element has a direct correlation with the land use, circulation, and housing elements.
2021 Activities
No substantial noise element activities were implemented.

Housing Element
As noted in the Introduction, HCD requires the reporting of the Housing Element on specific state reporting forms. The method of reporting of the Housing Element is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its Regional Housing Needs Allocation (RHNA). The City’s Housing Element APR for 2021 has been completed and submitted to HCD separately.

City of Porterville General Plan
Annual Progress Report
Calendar Year 2022
Prepared for:

City of Porterville
291 N. Main Street
Porterville, CA 93257
Prepared by:

Provost & Pritchard Consulting Group
455 W. Fir Ave
Clovis, CA 93611
General Plan Annual Progress Report Calendar Year 2022
City of Porterville Page i
Table of Contents
Introduction ..................................................................................................................................................1 Purpose of this Report .............................................................................................................................. 1 2030 Porterville General Plan........................................................................................................................1 Amendments.............................................................................................................................................2 Annexations..............................................................................................................................................2 General Plan Implementation Progress.........................................................................................................3 Land Use Element .....................................................................................................................................3 Residential Projects .............................................................................................................................. 3 Commercial/Industrial Projects............................................................................................................4 Mixed Use Projects............................................................................................................................... 4 Economic Development Element..............................................................................................................5 Circulation Element...................................................................................................................................5 Parks, School & Community Facilities Element.........................................................................................6 Open Space & Conservation Element .......................................................................................................6 Public Health & Safety Element ................................................................................................................7 Public Utilities Element............................................................................................................................. 7 Noise Element...........................................................................................................................................7 Housing Element.......................................................................................................................................8 General Plan Annual Progress Report Calendar Year 2022
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Introduction
Purpose of this Report
California law requires each city and county to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (Government Code Section 65300). The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision makers and staff with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), to the Governor’s Office of Planning and Research (OPR), and to the California Department of Housing and Community Development (HCD) in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and • Identify status of the general plan and the process towards its implementation.

The annual report is also required to include the information listed below, which is specific to reporting on progress related to the implementation of the housing element, a subset of the larger general plan document:
• Describe the City’s progress in meeting its Regional Housings Needs Allocation; • Describe progress in addressing/removing governmental constraints to the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.

The Housing Element Annual Progress Report is required to be submitted on forms provided by HCD and is often submitted as a separate report to HCD and OPR. The City of Porterville has completed the Housing Element Annual Progress Report for the calendar year 2022 and has submitted that report under separate cover. Therefore, the above housing element-specific items are not included in this General Plan Annual Progress Report.

State law requires that the General Plan Annual Progress Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Progress Report summarizes the City’s progress toward implementing its General Plan during the 2022 calendar year.
2030 Porterville General Plan
The City of Porterville most recently updated its General Plan in 2008. The update brought the Plan into legislative compliance at that time and added optional elements for: Economic Development; Parks, Schools, Community Facilities; and Public Utilities. Porterville’s Housing Element is published separately General Plan Annual Progress Report Calendar Year 2022
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and updated on a different timeline, with its most recent update occurring in December 2015. The 2030 Porterville General Plan contains the following elements:
• Land Use;
• Economic Development;
• Circulation;
• Parks, Schools & Community Facilities;
• Open Space & Conservation;
• Public Health & Safety;
• Public Utilities;
• Noise; and
• Housing.

Amendments
In 2022, the City of Porterville adopted the following General Plan Amendments:

Amendment
Number
Approval Date Description
2022-01 1/18/2022 Sphere of Influence amendment requesting that the Local Agency Formation Commission undertakes proceedings to
amend the City’s Sphere of Influence (SOI) and extend the SOI north to W. Linda Vista Avenue and west to the FriantKern Canal. The extension of the SOI would include 45 acres of land.
2022-02 3/1/2022 Change land use designation from RS-1 to RS-2 for the proposed Brookside Tentative Subdivision Map.

Annexations
The City of Porterville General Plan includes implementation policies that encourage annexation of County islands and unincorporated lands within the City’s Sphere of Influence.

In 2022, the City of Porterville processed the following Annexation requests:

Annexation Number Approval Date Description
Annexation 487 03/01/2022 Annexation of approximately 67.75 acres at the northwest corner of Westfield Avenue and Lombardi Street for
development of a 229-lot single family residential
subdivision. The proposal would also annex the existing Summit Charter Academy in the City of Porterville. Assessor Parcel Numbers: 245-010-037, -041, -087, and -092
General Plan Annual Progress Report Calendar Year 2022
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General Plan Implementation Progress
The following sections discuss the progress the City of Porterville made towards implementing the guiding and implementation policies of the current General Plan during the 2022 calendar year and are organized by General Plan element. Each section includes a summary of the overall objectives of the element along with a summary of activities initiated or completed in 2022 that show progress on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses and may not be an exhaustive list of all General Plan implementation progress made during the applicable calendar year.

Land Use Element
The Land Use Element assists in the orderly development of the community and designates general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The Element also establishes standards of population density and building intensity. The General Plan provides policies and standards for various land use types, which are summarized below. The activities identified for each land use type focus primarily on private development activity, including planning applications approved and building permits issued in 2022.

While this report focused on data based on approvals and completion of projects that were approved by the City Council, additional permit approvals can be made at staff level by the Zoning Administrator.

However, Zoning Administrator approvals would typically include accessory structures or determinations of relief for fence height or setbacks and are often tied to a larger planning approval heard by City Council or tied to the issuance of a building permit, both of which are already reported below.

Residential Projects
Seven residential land use designations are identified in the General Plan that range in density from a maximum of 2.5 units per acre up to a maximum of 24 units per acre. These designations are intended to identify areas that are acceptable for housing; clarify the overall type of housing to be developed within each designation; and allow for a mixture of housing types, lot sizes, and affordability. Each residential designation includes a unit-per-acre maximum density expressed in units per gross acre. Types of housing include single-family units, multiple-family units including duplexes and apartment buildings, and mobile homes.
2022 Activities
The City approved several entitlement applications or issued building permits for residential projects, as follows:
• Approval of the Carolita Apartments (PRC 2021-023)
• 2022 Brookside Tentative Subdivision Map (PRC 2020-044, Resolution No. 13-2022) • Sierra Valley Tentative Subdivision Map Extension (PRC 2005-028, Resolution No. 31-2022) • 201 units were issued building permits for residential construction.

General Plan Annual Progress Report Calendar Year 2022
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The City also leveraged partnerships with various groups to facilitate residential projects or provided funding through assistance programs, including:
• First-Time Homebuyer Loan Program: The FY 22-23 Action Plan (AP) set a goal that at least one low-to-moderate income household would receive assistance. One of the City’s low-income households benefited from the purchase of a home under the City’s First-Time Homebuyer programs, funded with CalHome funds.
• Owner-Occupied Rehabilitation Loan Programs: A goal of four low-to-moderate-income households was established by the AP. There was one rehabilitation loan funded in the Program Year 2022. There are two active rehabilitation loan applications in progress at this time. Four applications did not progress as two households withdrew their application, one was unresponsive, and one was over the 80% median income.

Commercial/Industrial Projects
The General Plan includes seven commercial and industrial land use designations listed in the Commercial/Office/Industrial category. These designations are intended to provide services and employment opportunities to both local residents and people from surrounding communities. The designations note the appropriate building intensity and commercial or industrial uses appropriate in each area.
2022 Activities
• No substantial projects were ready for approval.
• 47 building permits were issued for improvements to existing commercial/industrial structures.

Mixed Use Projects
The General Plan includes two mixed-use land use designations. The Downtown Mixed-Use designation encourages a higher-density, vertical mix of uses with residential or office uses above ground floor retail or other commercial uses. It also provides for the development of more multi-family residential within walking distance of Downtown. The Commercial Mixed-Use designation allows for lower density butstill multi-story development where the uses may be either horizontally or vertically mixed.

The City works diligently to encourage and assist with proposals for mixed-use projects. Although no projects were approved during the 2022 reporting period, the City continues to support the mixed-use concept to help stimulate revitalization, especially in the downtown areas where unoccupied buildings are common.
2022 Activities
• No substantial projects were ready for approval.
• No building permits issued.

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Economic Development Element
The Economic Development Element contains policies and actions that enable the City to direct local resources to retain and assist local businesses and attract new industry that will increase its tax base and economic diversity. This Element has been included in the City’s General Plan to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. In addition, this Element seeks to improve the local business climate by providing jobs for its growing population, creating opportunities for supply of retail goods and services that are needed in the community, fostering the development of a City that sustains its downtown, and supporting regional-serving and neighborhood commercial centers that can meet the everyday needs of residents.

2022 Activities
• Community Development Block Grant (CDBG) Funds were prioritized for economic development activities that created or retained low- to moderate-income jobs. − Under the Business Assistance Programs, one Community Development Block Grant CARES Act loan was approved for funding, which created two (2) full-time equivalent positions made available to persons of low and moderate-income. • Request for Information (RFIs) from Tulare County Economic Development Corporation (TCEDC).

The City of Porterville responded to 13 RFIs from the TCEDC in FY 22/23. Despite not leading to development, the City of Porterville continues to work closely with the TCEDC and the State of California’s Go-Biz office to explore development opportunities for Porterville.

Circulation Element
The Circulation Element is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Porterville’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, transit, aviation, pedestrian, and bicycle transportation modes, as well as parking.

The intent of the Element is to:
• identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system;
• consider alternatives other than the single-occupant vehicle as essential in providing services and access to facilities; and
• establish policies that coordinate regional transportation planning circulation systems with General Plan and area plan land use maps and provide direction for future decision-making. 2022 Activities
• Completion of the Transit Center Electrification Project. The project consisted of installing two 200kW electric vehicle charging stations; installing a 51,975kW photovoltaic system; removing and replacing damaged curb, gutter, and sidewalk at the Transit Center building at Oak Ave and D Street.
• Completion of the Henderson Avenue Reconstruction Project. The project consisted of extensive underground utility work replacing several water main pipelines, water services, sewer manholes, General Plan Annual Progress Report Calendar Year 2022
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sewer laterals, storm drain pipeline, manholes, catch basins, fiber optic conduit with boxes, and street light conduit boxes. The project also included reconstructing the road base, asphalt paving, installing a new median island with landscaping, traffic signal upgrades, and two in-road crosswalk lighting systems.
• Completion of the Olive Avenue Corridor Lighted Crosswalks Project. The project consisted of installing six high-visibility crosswalk light systems with in-pavement light canisters and pushbutton flashing pedestrian crossing signs. • Completion of the Olive Avenue & Newcomb Street Traffic Signal Upgrade Project. The project consisted of the installation of a new traffic signal at the intersection of Olive Avenue and Newcomb Street to accommodate protected left-turn phasing from the Newcomb Street legs of the intersection, as well as improvements at the intersection corners Parks, School & Community Facilities Element
The Parks, School & Community Facilities Element presents Porterville’s policies and programs for the development and maintenance of parks, schools, and community facilities. Additionally, this Element provides an inventory of existing and planned parks, recreation facilities, public schools, and other community facilities. This Element:
• serves as a guide for park planning and development documents prepared by the Department of Parks and Leisure Services and the Parks and Leisure Services Commission; • provides adequate, flexible school sites by recommending and discussing potential sites for elementary, middle, and high schools; and
• promotes the development of community facilities as part of the network of public and private institutions that support the civic and social needs of the population. 2022 Activities
• Completion of the Temporary Library Project. TMJ Construction, Inc. has completed the remodel of the existing tenant space for the Temporary Library Project. The tenant space is located at 50 W. Olive Avenue, Unit B.

Open Space & Conservation Element
The Open Space & Conservation Element is intended to establish policies and actions for the conservation, development, and use of open space and natural resources. Topics addressed include open space; agriculture and farmland resources; land resources including soils and minerals; biological resources; water quality; air quality; and cultural resources. The three General Plan initiatives this element addresses are:
providing Porterville with a network of parks and open space; protecting ridgelines, visible hillsides, and significant environmental resources; and protecting community assets. 2022 Activities
No substantial open space and conservation element activities were implemented.

General Plan Annual Progress Report Calendar Year 2022
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Public Health & Safety Element
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards; wildfire hazards; hazardous materials; flood hazards; and safety services such as law enforcement, fire protection, and emergency response.
2022 Activities
• Completion of the Fire Management Office Remodel Project. The project consisted of the extension and enclosure of the desk area in the north lobby of City Hall creating a closed office space and meeting area. Work was also done to the south wall of the Fire Chief’s office to reduce the transfer of sound between offices.

Public Utilities Element
The purpose of the Public Utilities element is to provide policies and programs to ensure that the public utilities and services the community relies on will have the capacity to serve new development under the General Plan without degrading existing service levels. The public utilities provided by the City of Porterville or quasi-public organizations include water, wastewater, stormwater, solid waste, electricity, natural gas, and telecommunications.
2022 Activities
• Completion of the Corporation Yard Electrification Project, Phase 2 Project. The project consisted of installing 12 50kW electric vehicle charging stations, a pre-engineered canopy with a 21.375kW photovoltaic system, conduits, and trench patching at the City Corporation Yard. • Completion of the Well No. 35 Project (Phase 2 - Pumping Plant). The well is located on the west side of Westwood Street, just north of the North Creek Subdivision, which is located near the intersection of Westwood Street and Westfield Avenue. This well was drilled by the State as a required part of the East Porterville Water System. This was the second phase of the well project and consisted of the installation of a 125 HP pump, electrical system, above-ground discharge piping, and other items of work necessary to provide a complete pumping plant. The new municipal water well will be an asset to the West Pressure Zone but also meet the required demands established by the new East Porterville.

Noise Element
The purpose of the Noise Element is to identify the existing noise sources within the City and to establish policies and programs to mitigate potential impacts through both preventative and responsive measures.

The regulation of noise sources such as traffic, railroad operations, and aircraft operations is overseen by State and federal agencies; therefore, this element has a direct correlation with the land use, circulation, and housing elements.

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2022 Activities
No substantial noise element activities were implemented.

Housing Element
As noted in the Introduction, HCD requires the reporting of the Housing Element on specific state reporting forms. The method of reporting of the Housing Element is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its Regional Housing Needs Allocation (RHNA). The City’s Housing Element APR for 2022 has been completed and submitted to HCD separately.

City of Porterville General Plan
Annual Progress Report:

Calendar Year 2023
Prepared for:

City of Porterville
291 N. Main Street
Porterville, CA 93257
Prepared by:

City of Porterville Planning Department
291 N. Main Street
Porterville, CA 93257
General Plan Annual Progress Report Calendar Year 2023
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Table of Contents
Introduction ..................................................................................................................................................... 1 Purpose of this Report................................................................................................................................. 1 2030 Porterville General Plan .......................................................................................................................... 1 Amendments ............................................................................................................................................... 2 Annexations................................................................................................................................................. 2 General Plan Implementation Progress .............................................................................................. 3 Land Use Element........................................................................................................................................ 3 Residential Projects ................................................................................................................................ 3 Commercial/Industrial Projects .............................................................................................................. 4 Mixed Use Projects.................................................................................................................................. 5 Economic Development Element................................................................................................................ 5 Circulation Element ..................................................................................................................................... 6 Parks, School & Community Facilities Element .......................................................................................... 7 Open Space & Conservation Element ......................................................................................................... 8 Public Health & Safety Element................................................................................................................... 8 Public Utilities Element ............................................................................................................................. 10 Noise Element............................................................................................................................................ 11 Housing Element........................................................................................................................................ 11 General Plan Annual Progress Report Calendar Year 2023
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Introduction
Purpose of this Report
California law requires each city and county to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (Government Code Section 65300). The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision-makers and staff with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), to the Governor’s Office of Planning and Research (OPR), and to the California Department of Housing and Community Development (HCD), in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and • Identify the status of the general plan and its implementation process.

The annual report is also required to include the information listed below, which is specific to reporting on progress related to the implementation of the housing element, a subset of the larger general plan document:
• Describe the City’s progress in meeting its Regional Housing Needs Allocation; • Describe progress in addressing/removing governmental constraints for the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.

The Housing Element Annual Progress Report is required to be submitted on forms provided by HCD and is often submitted as a separate report to HCD and OPR. The City of Porterville has completed the Housing Element Annual Progress Report for the calendar year 2023 and has submitted that report under a separate cover. Therefore, the above housing element-specific items are not included in this General Plan Annual Progress Report.

State law requires that the General Plan Annual Progress Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Progress Report summarizes the City’s progress toward implementing its General Plan during the 2023 calendar year.
2030 Porterville General Plan
The City of Porterville most recently updated its General Plan in 2008. The update brought the Plan into legislative compliance and added optional elements for Economic Development; Parks, Schools, Community Facilities; and Public Utilities. Porterville’s Housing Element is published separately and General Plan Annual Progress Report Calendar Year 2023
City of Porterville Page 2
updated on a different timeline, with its most recent update occurring in December 2015. The Planning Department is in the process of updating the Public Health and Safety Element and including a new element, Environmental Justice. This update is expected to be approved in calendar year 2024. The 2030 Porterville General Plan contains the following elements:
• Land Use
• Economic Development
• Circulation
• Parks, Schools & Community Facilities
• Open Space & Conservation
• Public Health & Safety
• Public Utilities
• Noise
• Housing
Amendments
In 2023, the City of Porterville adopted the following General Plan Amendments:

Amendment
Number
Approval Date Description
2023-01 02/07/2023 Change land use designation from PS to RS-2 to provide uniform density and development standards to facilitate the development of a single-family residential use across the site to accommodate the Villas at Sierra Meadows 4 & 5
subdivision of ± 20.23 acres consisting of 80 lots, located at the southwest corner of W. Gibbons Ave. and S. Jaye St., Assessor Parcel Number 269-060-020.
2023-02 09/05/2023 Change in land use designation from RM-1 to RM-2 to facilitate the development of the Terrazza Residential
Subdivision for a multi-family residential project of
approximately 3.07 acres for a total of 12 lots. The project consists of (12) 2-story buildings for a total of 46 residential units, located at the southwest corner of W. Grand Ave. and Plano St. Assessor Parcel Number 253-050-007.

Annexations
The City of Porterville General Plan includes implementation policies that encourage annexation of County islands and unincorporated lands within the City’s Sphere of Influence.

In 2023, the City of Porterville processed the following Annexation requests:

Annexation Number Approval Date Description
Annexation 488 02/07/2023 Annexation of approximately 20.23 acres of agricultural land at the southwest corner of W. Gibbons Ave. and S. Jaye St for General Plan Annual Progress Report Calendar Year 2023
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the development of a single-family residential Villas at Sierra Meadows 4 & 5 subdivision consisting of 80 lots. Assessor Parcel Number 269-060-020.

Annexation 489 06/06/2023 Annexation of approximately 0.62 acres of a substantially developed, surrounded, and inhabited territory abutting the city limits of Porterville and within the City’s Sphere of Influence to connect to water and city services. The site is in the general area of the southeast corner of River Ave. and Plano St. consisting of 3 parcels, Assessor Parcel Numbers 261-015-013, 261-015-015, 261-015-016.

General Plan Implementation Progress
The following sections discuss the progress the City of Porterville made towards implementing the guiding and implementation policies of the current General Plan during the 2023 calendar year. Each section is organized by General Plan element and includes a summary of the overall objectives of the element. A summary of activities initiated or completed in 2023 will show progress made on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses. This is not an exhaustive list of all General Plan implementation progress made during the applicable calendar year.

Land Use Element
The Land Use Element assists in the orderly development of the community and designates the general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The Element also establishes standards of population density and building intensity. The General Plan provides policies and standards for various land use types, summarized below. The activities identified for each land use type focus primarily on private development activity, including planning applications approved and building permits issued in 2023.

This report focused on data based on the approval and completion of projects that were approved by the City Council; however, additional permit approvals can be made at the staff level by the Zoning Administrator. Zoning Administrator approvals would typically include accessory structures or determinations of relief for fence height or setbacks and are often tied to a larger planning approval, heard by the City Council, or tied to the issuance of a building permit, both of which are already reported below.

Residential Projects
Seven residential land use designations are identified in the General Plan, ranging in density from a maximum of 2.5 units per acre to a maximum of 24 units per acre. These designations are intended to identify areas that are acceptable for housing, clarify the overall type of housing to be developed within each designation, and allow for a mixture of housing types, lot sizes, and affordability. Each residential General Plan Annual Progress Report Calendar Year 2023
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designation includes a unit-per-acre maximum density expressed in units per gross acre. Types of housing include single-family units, multiple-family units, including duplexes and apartment buildings, and mobile homes.
2023 Activities
The City approved several entitlement applications or issued building permits for residential projects, such as:
• Royal Oaks, phase 3 under construction, 192 lots.
• Villas at Sierra Meadows, 1, 2, and 3, phase 3 under construction, 106 lots. • Villas at Sierra Meadows 4 & 5, under construction, 99 lots. • Completed Carolita, Affordable Apartments, 68 units.
• Completed Finca Serena, Affordable Apartments, 80 units. • 83 building permits were issued for residential construction. There were 28 ADUs, 49 singlefamily homes, 3 multi-family residential, and 3 SB9 projects • 67 building permits were completed for residential construction. There were 15 ADUs, 50 singlefamily homes, and 4 multi-family residential projects completed. Resulting in a total of 213 units of new construction, with 148 of these units being Affordable Housing.

The City also leveraged partnerships with various groups to facilitate residential projects or provided funding through assistance programs, including:
• First-Time Homebuyer Loan Program: The FY 23-24 Action Plan (AP) set a goal that at least one low-to-moderate income household would receive assistance. Two of the City’s low-income households benefited from the purchase of a home under the City’s First-Time Homebuyer programs, funded with DEBG funds.
• Owner-Occupied Rehabilitation Loan Programs: A goal of four low-to-moderate income households was established by the AP. There was one rehabilitation loan funded in the Program Year 2023-2024. There is one active rehabilitation loan application in progress at this time. Three applications did not progress as the applicants were unresponsive to communication.

Commercial/Industrial Projects
The General Plan includes seven commercial and industrial land use designations listed in the Commercial/Office/Industrial category. These designations are intended to provide services and employment opportunities to both residents and people from surrounding communities. The designations note the appropriate building intensity and commercial or industrial uses appropriate in each area.
2023 Activities
• Panaderia La Cosecha: Approved proposed new construction of a 1,640-square-foot bakery located at 23 N. F Street. A zone change from High-Density Residential (RM-3) to Commercial General (CG) was required. The City Council approved this zone change and construction began • Chevron Gas Station: Approved construction of a new 4290 square foot convenience store, drivethrough car wash, and 8 fueling spaces located at 1043 W. Olive. Construction is in progress.

General Plan Annual Progress Report Calendar Year 2023
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• Goodwill: Approved new construction of a 15,158-square-foot building for Goodwill. A building permit was issued
• Kingdom Hall: the construction of Phase II of Kingdom Hall, a 3385-square-foot structure located at 1981 W. Henderson Avenue. This project is complete.
• 78 building permits were issued for alterations, repairs, or new construction of commercial/industrial buildings in 2023.
• 38 building permits were completed for alterations, repairs, or new construction of commercial/industrial structures in 2023.

Mixed Use Projects
The General Plan includes two mixed-use land use designations. The Downtown Mixed-Use designation encourages a higher-density, vertical mix of uses with residential or office uses above ground floor retail or other commercial uses. It also provides for the development of more multi-family residential within walking distance of Downtown. The Commercial Mixed-Use designation allows for lower density but still multi-story development where the uses may be either horizontally or vertically mixed.

The City works diligently to encourage and assist with proposals for mixed-use projects. Although no projects were approved during the 2023 reporting period, the City continues to support the mixed-use concept to help stimulate revitalization, especially in the downtown areas where unoccupied buildings are common.
2023 Activities
• No substantial projects were ready for approval.
• No building permits issued.

Economic Development Element
The Economic Development Element contains policies and actions that enable the City to direct local resources to retain and assist local businesses and attract new industries that will increase its tax base and economic diversity. This Element has been included in the City’s General Plan to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. In addition, this Element seeks to improve the local business climate by providing jobs for its growing population, creating opportunities for the supply of retail goods and services that are needed in the community, fostering the development of a City that sustains its downtown, and supporting regional-serving and neighborhood commercial centers that can meet the everyday needs of residents.

2023 Activities
• Requests for Information (RFIs) from Tulare County Economic Development Corporation (TCEDC):

The City of Porterville received 17 RFIs in 2023. Despite not leading to development, the City of General Plan Annual Progress Report Calendar Year 2023
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Porterville continues to work closely with the TCEDC and the State of California’s Go-Biz office to explore development opportunities for Porterville.
• Community Development Block Grant (CDBG): Housing and Urban Development Department (HUD) CDBG Funds were prioritized for economic development activities that created or retained low- to moderate-income jobs.
o Under the Business Assistance Programs: One (1) BAP-CV loan was funded through the Community Development Block Grant CARES Act (CDBG-CV). One (1) Microenterprise Forgivable Loan Program loan was approved for funding. A total of two (2) businesses were assisted in 2023, which represents an investment of $60,000. • Business Retention & Expansion (BRE) Efforts:
o City Council and City Staff regularly attend ribbon cuttings to support the efforts of Porterville Chamber.
o The City of Porterville launched a Shop Local Contest in partnership with the Porterville Chamber, local community organizations, and local businesses. 50 local Porterville businesses participated in a scavenger hunt-style contest and received promotion on social and local media. The businesses that participated were mostly small businesses with a high concentration of Downtown Porterville businesses participating. o Downtown Porterville Business Meetings and Newsletter: In 2023, the City of Porterville met with Downtown Porterville businesses and regularly published a monthly newsletter to keep the business district abreast of City updates affecting the downtown area. o Outstanding Business Recognition Program: Each year, the City of Porterville recognizes three local businesses that have contributed to the community's economic base. In 2023, the City of Porterville recognized three small businesses: Happy Hearts Children's Center, Nanlangka Teppanyaki & Sushi Bar, and Hergesheimer's Donuts. o Legacy Business Recognition Program: The Legacy Business Recognition Program focuses on celebrating local businesses at the conclusion of their business endeavors following long tenures in the City. In 2023, the City of Porterville recognized The Press Shop following its closure after 41 years in operation.
o Retail Recruitment: The City of Porterville is actively recruiting retail and commercial interest to the area through participation at ICSC events and by responding to RFIs, including from the TCEDC.

Circulation Element
The Circulation Element is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Porterville’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, aviation, transit, pedestrian, and bicycle transportation modes, as well as parking. The intent of the Element is to identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system; consider alternatives other than the singleoccupant vehicle as essential in providing services and access to facilities; and establish policies that coordinate regional transportation planning circulation systems with General Plan and area plan land use maps and provide direction for future decision-making.

General Plan Annual Progress Report Calendar Year 2023
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2023 Activities
• Main Street Reconstruction Project: This project includes the installation of a new barrier curb and gutter, detectable warnings, conduit for fiber optic line, and installing video detection at the intersection of Main Street and Putnam Avenue and Main Street and Morton Avenue. Purple pipes will be installed along the stretch of road to prepare for the future use of reclaimed water throughout the city. The project also includes the necessary footings and banner poles to be located between City Hall and Centennial Park. This project is nearing completion. • Self-Performed Asphalt Overlay Maintenance Program: Staff surveyed streets and prepared a report of streets that qualify as Poor or below on the Pavement Condition Index (PCI). Proposed treatments for these streets include traditional curb-to-curb overlay, dig out and repair with AC Hot Mix asphalt, and blade patching. This program led to the improvement of 83,580 linear feet of streets. This report was prepared for FY 22/23. This is an ongoing project.

Parks, School & Community Facilities Element
The Parks, School & Community Facilities Element presents Porterville’s policies and programs for the development and maintenance of parks, schools, and community facilities. Additionally, this Element provides an inventory of existing and planned parks, recreation facilities, public schools, and other community facilities. This Element serves as a guide for park planning and development documents prepared by the Department of Parks and Leisure Services and the Parks and Leisure Services Commission; provides adequate, flexible school sites by recommending and discussing potential sites for elementary, middle, and high school; and promotes the development of community facilities as part of the network of public and private institutions that support the civic and social needs of the population. 2023 Activities
• Parks Improvement Program: The Parks & Leisure Services Department worked diligently to bring new amenities to the parks in FY 22/23. Accomplishments included the installation of 4'x8' concrete slabs for each of the nine (9) disc golf holes at both Zalud and Murry Parks. These pads will produce a much safer and more durable footing area for the patrons to throw discs from than the grass and dirt that they threw from previously. Additionally, forty (40) solar light posts were installed within two parks in Porterville; twenty-nine (29) lights were installed at Murry Park and eleven (11) lights were installed at Zalud Park. The lights illuminate previously unlit trails, fitness equipment, and connectivity paths. These improvements were made using CDBG funds. • Other Park Improvements:
o Henry Street Park Sidewalk: The City partnered with CSET to install a sidewalk on Putnam on the south side of Henry Street Park. A concrete trail was also constructed within the park around the pond.
o Murry Park Pavilion #2: The concrete slab of the pavilion was renovated and new picnic tables were added.
o Skatepark Shade-: A shade structure was added to the skatepark within Veterans Park.

Additional skate elements and lighting will be future phases of the project. o Centennial Park Mural: The Marching Through Time band mural in Centennial Park was refurbished.
o Zalud Park Fitness Equipment-: Five fitness stations were installed along the DG trail at Zalud Park.

General Plan Annual Progress Report Calendar Year 2023
City of Porterville Page 8
Open Space & Conservation Element
The Open Space & Conservation Element is intended to establish policies and actions for the conservation, development, and use of open space and natural resources. Topics addressed include open space; agriculture and farmland resources; land resources including soils and minerals; biological resources; water quality; air quality; and cultural resources. The three General Plan initiatives this element addresses are: providing Porterville with a network of parks and open space; protecting ridgelines, visible hillsides, and significant environmental resources; and protecting community assets. 2023 Activities
• Center Friant-Kern Canal Turnout Basin Project: The project includes the installation of new water pipelines, concrete turnout structures, earthwork, and other appurtenances to create a turnout for a groundwater recharge basin. This project is important as it will help the City meet sustainability requirements for future and current development. The turnout is completed and the basin is close to completion. The project will be completed this fiscal year. • Recycled Water: The City of Porterville is in the process of commissioning its Tertiary Recycled Water Facility in conjunction with the relocation of the Eagle Mountain Casino, in partnership with the Tule River Indian Tribe of California. The City has been installing recycled water pipes in all major street reconstructions in anticipation of recycled water distribution. The City is also planning future conversion of its Wastewater Treatment Facility to full Tertiary Discharge to offset potable water supplies and increase potable water supply. • Groundwater Recharging: The City is an active participant in purchasing water shares and available surface water for the purposes of groundwater recharging. This helps the City meet groundwater sustainability requirements.
• Water Conservation Plan: The City's Conservation Plan is an Odd/Even watering schedule composed of Five Phases; Phase I is a Voluntary 3-day Watering a week Schedule; Phase II, is a Mandatory 3-day Watering a-week Schedule; Phase III, is a Mandatory 2-day Watering a week Schedule; Phase IV, is a Mandatory 1-Day Watering week Schedule; and Phase V, is a No Outdoor Watering schedule. Through the implementation of mandatory conservation, the City has been able to maintain a cumulative GPCD conservation total reduction of twenty-five percent (25%) from June 2015 through April 2023.

Public Health & Safety Element
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards; wildfire hazards; hazardous materials; flood hazards; and safety services such as law enforcement, fire protection, and emergency response.
2023 Activities
• New Monitor Nozzle: Ladder Truck #T73, City Equipment #2195, is an active Fire Apparatus and the only aerial ladder truck in the city and nearby vicinity. The truck is in need of a replacement of the monitor nozzle.

General Plan Annual Progress Report Calendar Year 2023
City of Porterville Page 9
• Fire Vehicles Update: The Fire Department fleet currently includes five Type 1 Fire Engines. Three serve as the initial response from each fire station, and two serve as reserve engines used on major emergencies and when front-line apparatuses are taken out of service for repair or maintenance. One reserve engine (unit 2194) was purchased in 2005 and is scheduled for replacement during the 2025-2026 Fiscal Year. Additionally, the Ladder Truck (unit 2195) was purchased in 2006 and is scheduled for replacement during the 2026-2027 Fiscal Year. The lead time in manufacturing an engine is approximately 550 days (1.5 years). The Tiller Ladder Truck will take approximately 650 days (2 years). In order to meet the replacement times of each apparatus, the manufacturing process must be initiated. This will facilitate keeping the replacement schedule and minimize cost, as apparatus prices are anticipated to increase in January 2024. Staff have also identified the need for a new Fire Station 74 and are in the process of pursuing land acquisition. This was supported by the Department's Standards of Coverage Community Risk Reduction Survey. Again, due to lead time in manufacturing fire apparatus, the process of purchasing an initial response engine for that station should be initiated. This will facilitate fire and life safety protection for the projected growth of the City and minimize the associated risk for the public and Department personnel. The Fire Department was authorized to start this process of replacing engines and acquiring a new engine. • Live Burn Training Tower: The training tower is four stories with three live fire burn chambers. It has a large simulated commercial roof and two simulated residential roof props, all venting over live smoke/fire. This training tower was designed to meet the Fire Department's training recommendations in the SART report and provide a complete training tower for future firefighters. This tower also fulfills the Insurance Services Office (ISO) training requirements and NFPA 1403 standards for live fire training.
• Automatic Aid Agreement with Cal Fire Tulare Unit: The automatic aid agreement outlines that Cal Fire will provide the Porterville Fire Department with one engine and a minimum of three personnel within the Porterville city limits at no cost to the City. In return, the Porterville Fire Department will provide two personnel on the Water Tender or Patrol to predetermined geographical areas as highlighted in this Agreement. Response areas were evaluated for call volume and potential for life and property loss. If Porterville Fire has resources assigned to a Cal Fire incident for longer than four hours, Porterville Fire will be reimbursed at rates already set forth in the adopted California Fire Assistance Agreement (CFAA) • Police K-9 Safety: The Police Department accepted the K-9 Safety Equipment Grant to provide more protection for their K-9 officers. The Police Department used this grant to purchase two ballistic vests.
• Expand Unmanned Aerial System: The Unmanned Aerial System is a program implemented by the Police Department, which uses drones to monitor various activities, survey natural disasters, search areas, gather intelligence, and support tactical operations. The Police Department got approval to expand this program to include the DJI Matrice 30T. This drone has advanced features that will increase the usefulness of this program. • School Resource Officers: A joint funding agreement was reached with both Burton School District and Porterville Unified School District to provide School Resource Officers. • Upfit Police Vehicles: The Police Department was authorized to outfit six (6) of their cars to become new patrol cars.
• Security Updates at Police Station: New fencing and gates were installed at the Police Department. The project started in 2023 and is projected to be completed in 2024.

General Plan Annual Progress Report Calendar Year 2023
City of Porterville Page 10
• Office of Traffic Safety Grant: The Police department received over 100K in grant funding from the Office of Traffic Safety for traffic enforcement and traffic education. Funding was used for anti-DUI training for four (4) officers.
• New Animal Control Building: Construction started in 2023 and it is nearly complete. • ArcGIS Upgrade: The GIS Division acquired ArcGIS Enterprise in December 2023. ArcGIS Enterprise will improve the GIS IT infrastructure with better database security and provide unlimited viewer licenses for city employees to view our internal maps. These maps are essential to emergency dispatch. These maps are also integral to Emergency Operations, such as this year's flood emergency. Full implementation of ArcGIS Enterprise is expected to be completed by April 2024.

Public Utilities Element
The purpose of the Public Utilities element is to provide policies and programs to ensure that the public utilities and services the community relies on will have the capacity to serve new development under the General Plan without degrading existing service levels. The public utilities provided by the City of Porterville or quasi-public organizations include water, wastewater, stormwater, solid waste, electricity, natural gas, and telecommunications.
2023 Activities
• Island Annexation Area 457 Sewer Project: The project consisted of the installation of 6,101 lineal feet (1.15 miles) of 8” and 6” diameter sewer mains, fourteen (14) sewer manholes and 114 sewer laterals. This project is complete
• Island Annexation Area 474 B Sewer Project: The project consisted of the installation of 6,872 lineal feet (1.30 miles) of 8” and 6” sewer mains, twenty-four (24) sewer manholes, and 107 sewer laterals. This project is complete.
• Island Annexation Area 475 Sewer Project: The project consisted of the installation of 7,550 lineal feet (1.43 miles) of 8” and 6” sewer mains, twenty-six (26) sewer manholes, and 102 sewer laterals. This project is complete.
• Island Annexation Area 478 B & C Sewer Project: The project consisted of the installation of 9,476 lineal feet (1.79 miles) of 8” and 6” sewer mains, thirty-one (31) sewer manholes, and 154 sewer laterals. This project is complete.
• Island Annexation Area 479 Sewer Project: The project consisted of the installation of 9,273 lineal feet (1.76 miles) of 8” and 6” sewer mains, thirty-four (34) sewer manholes, and 202 sewer laterals. This project is complete.
• Akin and Central Mutual Water Consolidation Project: The project consisted of the installation of new water lines and connections; the removal of old and/or temporary water system lines; the installation of fire hydrants, water meters, and backflows; and the destruction of the water system wells to fully consolidate the two water systems into the City’s system. • Drilling Phase of Well 34: This project included the drilling of a 710-foot-deep pilot hole, conducting geophysical logging and water quality sampling in the pilot hole, reaming the pilot hole, and constructing a 690-foot-deep production well utilizing the reverse rotary drilling method. This project completed phase 1. In the process of getting a bid for equipment of the well.
• Well 37: This project completed phase I.

General Plan Annual Progress Report Calendar Year 2023
City of Porterville Page 11
• Construction and Completion of the Tertiary Wastewater System Facility in partnership with the Tule River Indian Tribe of California: The construction of TWSF was constructed in a 1/3 2/3 partnership with the Tule River Indian Tribe for the purposes of serving the casino and sports complex. This would reduce demands on potable water and provide a reliable supply to these sites. The capacity of the plant is .308 MGD.

Noise Element
The purpose of the Noise Element is to identify the existing noise sources within the City and to establish policies and programs to mitigate potential impacts through both preventative and responsive measures.

The regulation of noise sources such as traffic, railroad operations, and aircraft operations is overseen by State and federal agencies; therefore, this element has a direct correlation with the land use, circulation, and housing elements.
2023 Activities
No substantial noise-element activities were implemented.

Housing Element
As noted in the Introduction, HCD requires the reporting of the Housing Element on specific state reporting forms. The method of reporting the Housing Element is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its Regional Housing Needs Allocation (RHNA). The City’s Housing Element APR for 2023 is pending Final Admin Draft to be submitted to city staff for final review by the project’s consultant.

Item No. 6.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: 2023 Housing Element Annual Progress 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 the California Department of Housing and Community Development (HCD), are due annually by April 1st, covering the preceding calendar year. The attached report evaluates the progress made towards the implementation of the 2015- 2023 Housing Element programs and housing production during the period between January 1, 2023, and December 31, 2023.

In 2015, the City Council adopted, and the HCD certified, the City of Porterville’s 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 the HCD. Additionally, state law requires local jurisdictions to update the Housing Element every eight years and file an annual Housing Element progress report to the 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 of Porterville has made progress on Housing Element program implementation and has seen an increase in housing unit approvals and Item No. 6.
production. The RHNA goal for the 5-year period was 3,196 housing units and the City was able to achieve was 1084 housing units.

For the period of January 1, 2023, and December 31, 2023, the City deemed complete and approved planning entitlement applications for 254 new units, including Single Family Residential (SFR), Accessory Dwelling Units (ADU), and Multifamily Residential of which 148 are low-income units. The City is also currently processing entitlement applications for one (2) multi-family residential projects for 74 units and four (5) Single family residential projects for 457 new housing units.

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

RECOMMENDATION: That the City Council review the 2023 Annual Housing Element Progress Report and direct the Planning Division to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and
Research.

ATTACHMENTS: 1. 2023 Draft Housing Element Progress Report Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
Jurisidiction Name
Reporting Calendar YearFirst NameLast NameTitle Click here to download APR InstructionsEmailPhoneStreet AddressCityZipcode v_2_15_24
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 291 N. Main Street
Porteville
93257
Rocio
Mejia
Assistant Planner
[email protected]
5597827460
Mailing Address
Please Start Here
General Information
2023
Porterville
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Annual Progress Report January 2020
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic  cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Jurisdiction Porterville
Reporting Year 2023
Housing Element Planning Period 5th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 27
Deed Restricted 0
Non-Deed
Restricted 55
0 82
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 49 0
2 to 4 units per structure 0 6 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 27 1
Mobile/Manufactured Home 0 0 0
Total 0 82 1
Infill Housing Developments and Infill Units Permitted # of Projects Units 47 50
32 32
19 525
0 0
0 0
(Jan. 1 - Dec. 31)
12/31/2015 - 12/31/2023
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
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 - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SB 35 (2017) 00
Ministerial and Discretionary Applications # of Applications Units Ministerial 12 147
Discretionary 7 378
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 14 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 12/31/2015 - 12/31/2023 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 34 6 78 9
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 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 Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 525 0 525 0 0 261-030-082
Chase Ave. Maldonado PRC 2023-001
5+ R
12/30/2022
24 24 NONE No
240-081-007
15449 Road
223
Urban Lot Split
15449 Road 223 PRC 2023-002
SFD O
1/4/2023
2 2 SB 9 (2021) -
Residential Lot
Split
No
253-250-029
562 N. Park St. Baca TPM PRC 2023-004
SFD O
1/13/2023
2 2 NONE No
245-010-087 Westwood/West
field Brookside PRC 2023-012 SFD O 3/21/2023 229 229 NONE No 245-540-047
1654 W.

Pioneer Ave.

Navarrete Parcel
Map PRC 2023-014
SFD O
4/17/2023
4 4 NONE No
243-330-031 2204 W. Castle
Ave. Callison Annexation PRC 2023-016 SFD O 4/26/2023 4 4 NONE No 268-100-005
1535 W.

Piioneer Ave. Pannu TSM PRC 2023-021
SFD R
7/16/2023
5 5 NONE No
243-081-010243-081-012243-081-013
Ave 178/
Orange Belt Miller Subdivision PRC 2023-023
SFD O
7/26/2023
84 84 NONE No
254-060-032 Putnam
Ave./Crestview Crestview Park PRC 2023-026 SFD O 8/9/2023 46 46 NONE No 245-540-053
Pioneer Ave. Bareng TSM PRC 2023-027
SFD O
8/15/2023
10 10 NONE No
248-080-046
E. Hendeson
Ave./Plan St.

Henderson MultiFamily PRC 2023-028
2 to 4 R
8/10/2023
3 3 NONE No
261-094-002 329 South A St. Haas Multi-Family PRC 2023-029 5+ R 8/11/2023 6 6 NONE No253-205-005 331 N. Fourth St. Ennis Multi-Family PRC 2023-031 2 to 4 R 8/25/2023 3 3 NONE No 253-250-028
685 E. Grand
Ave. Sierra Parcel Map PRC 2023-032
SFD O
9/1/2023
4 4 NONE No
268-100-005
Indiana St. Villas at Winding Creek PRC 2023-035
SFD O
10/2/2023
28 28 NONE No
240-092-011
115 N.

Westwood St.

Westwood MultiFamily PRC 2023-037
2 to 4 R
9/21/2023
6 6 NONE No
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica 10 Housing Development Applications Submitted
251-210-075
Tomah Ave. Ennis Multi-Family on Tomah PRC 2023-040
5+ R
10/17/2023
55 55 NONE No
247-160-030
North G Street G Street Multi- Family Residential PRC 2023-044 2 to 4 R
10/18/2023
4 4 NONE No
246-070-095
Jubilee
Lane/Westfield
Ave.

Baca Subdivision PRC 2023-0456
5+ R
11/8/2023
28 28 NONE No
247-021-018
La Vida/Milo St. La Vida Parcel Map PRC 2023-046
SFD O
11/13/2023
2 2 NONE No
00000000000000
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (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
23 56 89 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 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 Moderate- Income Entitlement Date Approved # of Units issued Entitlements 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 Moderate- Income Building Permits Date Issued # of Units Issued Building Permits 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 Moderate- Income 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? Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple) 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/Destroyed 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 0 0 0 0 0 0 0 0 0 27 0 55 0 82 0 0 0 1 0 0 0 1 0 0 246-290-036
1014 W WESTFIELD AVE Unit: UNIT BPORTERVILLE,
CA 93257
BLDR0522-0959
ADU R
0 1
6/10/2022
1 1 6/1/2023 1 NONE Y Rental Point Comparison
240-091-006
22265 AVE 154 Unit: UNIT BPORTERVILLE,
CA 93257 BLDR0222-0907
ADU R
0 1
9/1/2022
1 0 NONE Y
252-011-011
437 N COTTAGE ST Unit: BPORTERVILLE,
CA 93257 BLDR0922-1036
ADU R
0 1
10/28/2022
1 0 NONE Y
240-310-008
1369 N LINDA
WAY Unit: UNIT BPORTERVILLE, CA 93257 BLDR1222-1107
ADU R
0 1
1/5/2023
1 0 NONE Y
252-072-034
492 W KANAI
AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR1222-1106
ADU R
0 1
2/13/2023
1 0 NONE Y Rental Point Comparison
253-060-036
735 E
HENDERSON AVE Unit: Unit APORTERVILLE, CA 93257 BLDR0822-1032 ADU R
0 1
2/15/2023
1 0 NONE Y Rental Point Comparison
240-091-019
15356 ROAD 222
Unit: UNIT CPORTERVILLE, CA 93257 BLDR1122-1094
ADU R
0 1
10/28/2022
1 0 NONE Y Rental Point Comparison
240-091-004
22243 AVE 154
Unit: UNIT BPORTERVILLE, CA 93257 BLDR0922-1055
ADU R
0 1
2/17/2023
1 2/27/2023 0 NONE Y Rental Point Comparison
252-233-003
305 N F ST Unit:

Unit BPORTERVILLE, CA 93257 BLDR0922-1042
ADU R
0 1
12/21/2021
1 6/30/2023 0 NONE Y Rental Point Comparison
260-111-010
161 S OHIO ST
Unit: UNIT BPORTERVILLE, CA 93257 BLDR1122-1102
ADU R
0 1
7/26/2023
1 8/7/2023 0 NONE Y Rental Point Comparison
248-033-007
856 N SECOND
ST Unit: UNIT BPORTERVILLE, CA 93257 BLDR0922-1043
ADU R
0 1
4/25/2023
1 0 NONE Y Rental Point Comparison
269-170-019
1342 S
PEARSON ST Unit: UNIT CPORTERVILLE, CA 93257 BLDR0522-0975 ADU R
0 1
8/30/2023
1 0 NONE Y Rental Point Comparison
251-301-013
165 N BEVERLY
ST Unit: UNIT BPORTERVILLE, CA 93257 BLDR1222-1123
ADU R
0 1
1/18/2023
1 12/1/2023 0 NONE Y Rental Point Comparison
253-197-001
250 N MAIN ST
Unit: UNIT 13PORTERVILLE, CA 93257 BLDR0523-1232
ADU R
0 1
1/26/2023
1 0 NONE Y Rental Point Comparison
248-041-021
980 N LIME ST
Unit: UNIT CPORTERVILLE, CA 93257 BLDR0423-1222
ADU R
0 1
2/6/2023
1 0 NONE Y Rental Point Comparison
245-112-003
269 N YORK ST
Unit: UNIT BPORTERVILLE, CA 93257 BLDR0423-1195
ADU R
0 1
2/21/2023
1 0 NONE Y Rental Point Comparison
253-121-023
430 E
CLEVELAND AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR0323-1193 ADU R
0 1
3/7/2023
1 0 NONE Y Rental Point Comparison
261-168-015
336 S WALLACE
ST Unit: UNIT APorterville, CA BLDR0423-1206
ADU R
0 1
5/12/2023
1 0 NONE Y Rental Point Comparison
260-160-031
459 W UNION
AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR1022-1085
ADU R
0 1
6/2/2023
1 0 NONE Y Rental Point Comparison
240-092-012
107 N
WESTWOOD ST Unit: UNIT BPORTERVILLE, CA 93257 BLDR0523-1245 ADU R
0 1
6/12/2023
1 0 NONE Y Rental Point Comparison
243-270-023
1842 N BOYLES
ST Unit: UNIT BPORTERVILLE, CA 93257 BLDR0623-1251
ADU R
0 1
6/15/2023
1 0 NONE Y Rental Point Comparison
240-091-019
15356 ROAD 222
Unit: UNIT DPORTERVILLE, CA 93257 BLDR0523-1243
ADU R
0 1
6/21/2023
1 0 NONE Y Rental Point Comparison
252-093-005
289 W
BELLEVIEW AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR0523-1231 ADU R
0 1
7/6/2023
1 12/1/2023 0 NONE Y Rental Point Comparison
240-140-022
173 E YATES
AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR0223-1176
ADU R
0 1
7/11/2023
1 12/29/2023 0 NONE Y Rental Point Comparison
248-031-027
890 N LIME STPORTERVILLE, CA 93257 BLDR0623-1260
ADU R
0 1
7/12/2023
1 11/30/2023 0 NONE Y Rental Point Comparison
243-290-011
1619 N BEVERLY
ST Unit: UNIT APORTERVILLE, CA 93257 BLDR0823-1322
ADU R
0 1
7/17/2023
1 0 NONE Y Rental Point Comparison
251-222-022
146 N PROSPECT ST Unit: UNIT BPORTERVILLE, CA 93257 BLDR0123-1152 ADU R
0 1
10/16/2023
1 0 NONE Y Rental Point Comparison
269-140-021
1334 S OHIO ST
Unit: UNIT BPORTERVILLE, CA 93257 BLDR0723-1300
ADU R
0 1
10/23/2023
1 0 NONE Y Rental Point Comparison
259-101-016
1090 W ROBY
AVE Unit: Unit BPORTERVILLE, CA 93257 BLDR0923-1332
ADU R
0 1
11/2/2023
1 0 NONE Y Rental Point Comparison
245-111-002
272 N SALISBURY ST Unit: UNIT APORTERVILLE, CA 93257 BLDR1023-1361 ADU R
0 1
11/29/2023
1 0 NONE Y Rental Point Comparison
259-011-007
1325 W ROBY
AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR0923-1339
ADU R
0 1
12/6/2023
1 0 NONE Y Rental Point Comparison
269-190-006
462 W JOAN AVE Unit: UNIT BPORTERVILLE, CA 93257 BLDR1021-0813 ADU R
0 1
12/12/2023
1 8/17/2023 0 NONE Y Rental Point Comparison
269-190-056
493 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1222-1115
SFD O
0 1
8/4/2022
1 7/7/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-063
576 W JOAN
AVEPORTERVILLE, CA 93257 BLDR1222-1114
SFD O
0 1
10/3/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-042
548 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1222-1118
SFD O
0 1
10/17/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-052
525 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1222-1111
SFD O
0 1
9/8/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-046
575 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1222-1113
SFD O
0 1
9/19/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-051
535 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1222-1110
SFD O
0 1
11/14/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-050
543 W RICHARD
STPORTERVILLE, CA 93257 BLDR1222-1120
SFD O
0 1
10/17/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-070
1005 S MESA
OAK STPORTERVILLE, CA 93257 BLDR1222-1112
SFD O
0 1
12/5/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-106
764 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1222-1116
SFD O
0 1
12/13/2022
1 12/7/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 243-220-004
1686 N BEVERLY
STPORTERVILLE, CA 93257 BLDR1222-1117
SFD O
0 1
10/27/2022
1 12/7/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-108
744 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0922-1054
SFD O
0 1
12/13/2022
1 6/29/2023 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-107
754 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0922-1046
SFD O
0 1
12/13/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-037
1091 S ROYAL
OAK STPORTERVILLE, CA 93257 BLDR1222-1135
SFD O
0 1
10/21/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-109
734 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1222-1131
SFD O
0 1
12/13/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-110
724 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1222-1136
SFD O
0 1
12/13/2022
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-105
765 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0123-1150
SFD O
0 1
12/13/2022
1 8/18/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 240-091-004
22243 AVE 154PORTERVILLE, CA 93257 BLDR1222-1134
SFD O
0 1
1/6/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-101
725 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0423-1199
SFD O
0 1
12/13/2022
1 8/24/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-102
735 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1122-1103
SFD O
0 1
12/13/2022
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-112
704 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0822-1031
SFD O
0 1
1/6/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-190-061
560 W JOAN
AVEPORTERVILLE, CA 93257 BLDR0423-1216
SFD O
0 1
3/20/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-190-045
574 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0523-1234
SFD O
0 1
2/17/2023
1 9/25/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-054
509 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0523-1233
SFD O
0 1
4/11/2023
1 9/26/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-103
745 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0523-1235
SFD O
0 1
12/13/2022
1 9/29/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-104
755 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0123-1160
SFD O
0 1
12/13/2022
1 10/5/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-049
551 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0523-1237
SFD O
0 1
4/11/2023
1 10/13/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 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
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 Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (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
269-190-060
552 W JOAN
AVEPORTERVILLE, CA 93257 BLDR0223-1167
SFD O
0 1
5/9/2023
1 10/24/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-098
695 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0523-1236
SFD O
0 1
1/6/2023
1 10/31/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-006
462 W JOAN
AVEPORTERVILLE, CA 93257 BLDR0623-1258
SFD O
0 1
11/5/2021
1 11/6/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-066
1037 S MESA
OAK STPORTERVILLE, CA 93257 BLDR0523-1239
SFD O
0 1
5/8/2023
1 11/9/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-113
694 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0523-1230
SFD O
0 1
1/6/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-114
684 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0623-1278
SFD O
0 1
1/6/2023
1 11/16/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-111
714 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0123-1159
SFD O
0 1
1/6/2023
1 12/8/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-064
1053 S MESA
OAK STPORTERVILLE, CA 93257 BLDR0623-1265
SFD O
0 1
5/16/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-035
498 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0623-1266
SFD O
0 1
6/12/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-068
1021 S MESA
OAK STPORTERVILLE, CA 93257 BLDR0623-1268
SFD O
0 1
6/12/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-038
522 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0623-1267
SFD O
0 1
6/14/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-058
536 W JOAN
AVEPORTERVILLE, CA 93257 BLDR0623-1269
SFD O
0 1
6/26/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-041
540 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1023-1377
SFD O
0 1
6/26/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-065
1045 S MESA
OAK STPORTERVILLE, CA 93257 BLDR1023-1371
SFD O
0 1
7/7/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-096
675 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1023-1369
SFD O
0 1
1/6/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-099
705 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1023-1374
SFD O
0 1
1/6/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-040
534 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR1023-1370
SFD O
0 1
7/7/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-115
674 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR1023-1368
SFD O
0 1
1/6/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-036
506 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0923-1340
SFD O
0 1
7/20/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-043
556 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0723-1284
SFD O
0 1
7/21/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-069
1013 S MESA
OAK STPORTERVILLE, CA 93257 BLDR0923-1347
SFD O
0 1
8/11/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-097
685 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0923-1357
SFD O
0 1
1/6/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-100
715 W RED OAK
AVEPORTERVILLE, CA 93257 BLDR0823-1330
SFD O
0 1
1/6/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-044
564 W RICHARD
AVEPORTERVILLE, CA 93257 BLDR0123-1159
SFD O
0 1
8/29/2023
1 5/15/2023 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 260-250-014
170 W RIVER
AVEPORTERVILLE, CA 93257 BLDR1122-1103
SFD R
0 1
5/22/2023
1 10/10/2023 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 253-041-019
22 E LAUREL
AVEPORTERVILLE, CA 93257 BLDR0822-1031
SFD R
0 1
5/26/2023
1 8/28/2023 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 253-122-018
248 N LARSON
STPORTERVILLE, CA 93257 BLDR0423-1216
SFD O
0 1
6/2/2023
1 11/21/2023 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 252-130-029
739 N LIME STPORTERVILLE, CA 93257 BLDR0523-1230
SFD R
0 1
8/2/2023
1 2/24/2023 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-118
644 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR0623-1265 SFD O
0 1
10/10/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-091
625 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR0623-1266 SFD O
0 1
10/10/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-119
634 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR0623-1268 SFD O
0 1
10/10/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-092
635 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR0623-1267 SFD O
0 1
10/10/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-120
624 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR0623-1269 SFD O
0 1
10/10/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-190-037
514 W RICHARD
AVEPORTERVILLE, CA 93257
BLDR1023-1377 SFD O
0 1
11/8/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-116
664 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR1023-1371 SFD O
0 1
11/14/2023
1 0 NONE N HUD Max Purchase Price and Sales Point Comparison 269-180-095
665 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR1023-1369 SFD O
0 1
11/14/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-093
645 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR1023-1374 SFD O
0 1
11/14/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-094
655 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR1023-1370 SFD O
0 1
11/14/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 269-180-117
654 W RED OAK
AVEPORTERVILLE, CA 93257
BLDR1023-1368 SFD O
0 1
11/14/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 247-210-035
1067 S HOWLAND
CTPORTERVILLE, CA 93257
BLDR0923-1340 SFD O
0 1
11/29/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 247-200-016
1139 S HOWLAND
CTPORTERVILLE, CA 93257
BLDR0723-1284 SFD O
0 1
11/29/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 253-025-014
547 N THIRD ST
Unit: UNIT BPORTERVILLE, CA 93257
BLDR0923-1347 SFD O
0 1
12/5/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 1154 S MESA
OAK STPORTERVILLE, CA 93257
BLDR0923-1357 SFD O
0 1
12/8/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 1134 S MESA
OAK STPORTERVILLE, CA 93257
BLDR0823-1330 SFD O
0 1
12/12/2023
1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 260-242-012 358 S E ST

PORTERVILLE,
CA 93257
BLDR0721-0738 5+ R 80 10/6/2021
80 80
10/27/2021
80 5/15/2023 0 NONE Y NPLH Other Rental Point Comparison 246-080-032 1055 W PIONEER

AVEPORTERVILLE,
CA 93257
BLDR1221-0858 5+ R 68 4/8/2022
68 68
4/8/2022
68 10/11/2023 0 NONE Y Other Other Rental Point Comparison 261-093-021 363 S B ST Unit:

UNIT A & BPORTERVILLE,
CA 93257
BLDR1219-0221 2 to 4 R
0 2
2/21/2023
2 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 260-250-002 215 W DATE AVE
Unit: UNITS A & BPORTERVILLE,
CA 93257
BLDR0621-0707 2 to 4 R
0 2
4/29/2022
2 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 261-093-018 379 S B ST Unit:

Units A & BPORTERVILLE,
CA 93257
BLDR1122-1100 2 to 4 R
0 2
5/25/2023
2 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 261-093-020 371 S B ST

PORTERVILLE,
CA 93257
BLDR1219-0222 2 to 4 R
0 2
8/9/2023
2 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 243-310-054 1955 N Rose St
Porterville, CA
BLDR0722-1002 ADU R 0 1 10/28/2022 1 0 NONE Y HUD Max Purchase Price and Sales Point Comparison 0 0 0
0 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 0 0 0 0
0 0 00 0 00 0 0
0 0 00 0 0
0 0 00 0 00 0 00 0 0
0 0 0
0 0 00 0 00 0 00 0 0
0 0 00 0 0
0 0 00 0 00 0 0
0 0 00 0 0
Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 12/31/2015 - 12/31/2023 1 Projection Period 34
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 27
Deed Restricted - - - - - - - 2 - -
Non-Deed Restricted - 97 40 15 41 2 31 33 10 55
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 82 912 2,284
5 67
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units Remaining 312 - - - - - - 39 - - 39 273
VLI Deed Restricted
VLI Non Deed Restricted
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].
240
76 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 326
Moderate
623 576 566
Please contact HCD if your data is different than the material supplied here 213
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
547 363
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 LowLowExtremely 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: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning 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 Moderate- Income 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 fieldCells 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 2023 (Jan. 1 - Dec. 31)
123 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 2023 PY, one (1) household was assisted, one (1) is in the rehabilitation application process and three (3) 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 2023 PY and assisted two (2) household, five (5) are in progress, and thirteen (13) applications were received that did not meet the Program guidelines. The City assisted 1 household, which represents and investment of $181,250.00 in Federal CDBG and HOME, & CalHome state grant funds.

Home Buyer Education Classes 4 classes held per year. Yearly The City held 4 classes and 38 individuals participated in virtual instruction. First Time Homebuyer classes were put on hold in July 2023 due to a federal Audit of the HUD Housing Counselor program and no classes were able to be held until January 2024.

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, Finca Serena, an 80 unit affordable housing apartment complex using a variety of public funds, in October 2021 they broke ground on the project. The project completed construction in 2023 and the Certificate of Ocupancy was issued on 5/16/2023.

Carolita another affordable housing project consisting of 68 units was completed in 2023 and recieved the Certificate of Occupancy on 10/11/2023.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
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 Expedited Entitlement
Process for Special Po
pulations Housin
g
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 com pletion. Project continues to o
perate successfull
y.

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 ada pted housin
g.

Yearly
In 2023, 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. 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 3rd year, they will be receiving $12,894.00.

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-to-one 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 13 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 project is finalizng designs and next step is to obtain the bids. The project should be completed by the end of 2024.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, 474 , 475, 478 and 479 has been completed. Annexation area 476 is in the paving phase and is anticipated to be complete 2024. 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 2023, the progran served 404 individuals.

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 Kings View to provide services for 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 Kings View for $1/year. The Porterville Navigation Center (PNC) 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 2023, 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 they will be receiving $106,180.74.

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 they will be receiving $54,973.53.

Jurisdiction Porterville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning 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 Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/community‐ development/docs/adequate‐sites‐checklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income 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 January 2020
Item No. 7.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: HOME Investment Partnerships Program (HOME) Grant Application SOURCE: Community Development
COMMENT: At its last City Council meeting on March 5, 2024, the City Council approved the submittal of a request to the California Department of Housing and Community Development (HCD) to disencumber $400,000 of the City of Porterville’s 19-HOME-14972 grant. The funds that were awarded in 2020 had not been spent due to a hold that was placed on the funds while the State's guidelines were being reviewed at the Federal level. In that report, staff recommended not applying for additional grant funds under the new Notice of Funding Availability (NOFA), as the City has a significant amount of program income that has accumulated for the past couple of years while the City has been unable to expend any HOME funds. The Request Letter has been executed and sent to HCD for processing.

HCD representatives have since reached out to staff and requested that the City reconsider applying for grant funds under the new NOFA despite the continued hold and program income balance. While staff was concerned that the City would be unable to meet the expenditure deadline for any new grant funds awarded, because program income is expended first, HCD encouraged staff to apply and indicated that an extension or another disencumbrance request could be submitted if necessary. They also reiterated that the City would not be penalized for either request in the future. They also emphasized that the PI accumulated during this hold period could be transferred to a multifamily affordable development project once one is identified.

Under HOME, the HCD provides federal funding through specified recipients to conduct the following activities:

1. New Home Construction;

2. Acquisition of Existing Residential Units;

3. Rehabilitation of Existing Residential Units; and

4. Tenant-Based Rental Assistance.

In light of recent discussions with HCD, staff is recommending that the City Council reconsider approving staff to submit a $500,000 application by the April 9, 2024, deadline for the continuation of the City’s First Time Low Income Homebuyer program (FTHB). Two and a half percent (2.5%) of the grant is allowed for general administration and another six and a half percent (6.5%) can be utilized for activity delivery costs associated with the projects funded. The City is able to apply for this amount of funding since the typical 25% match requirement is being waived in this round of funding.

Item No. 7.

In applying for these HOME funds, the City is taking measures to implement programs outlined in the State and certified Porterville Housing Element, and the 2020 Five-Year Consolidated Plan.

RECOMMENDATION: That City Council:

1. Adopt the draft Resolution approving the submittal of a HOME Investment Partnership Program (HOME) funding
application for $500,000 for the continuation of the First Time Low Income Homebuyer Program;

2. Authorize the Mayor to execute all documents pertaining to the HOME program; and

3. Authorize the Community Development Director to execute, in the name of the City of Porterville, project drawdown requests, and all other administrative documents required by the California Department of Housing and Community Development or the U.S.

Department of Housing and Urban Development for
administration of the HOME Program.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. _____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED,

THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO,

AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME

INVESTMENT PARTNERSHIPS PROGRAM
WHEREAS:

A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200.

B. On January 19, 2024, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).

C. In response to that HOME NOFA, City of Porterville a municipal corporation (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.

IT IS NOW THEREFORE RESOLVED THAT:

1. In response to the above-referenced HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five Hundred Thousand Dollars ($500,000.00) for the following activities and/or programs:

Acquisition-only Down Payment Assistance – funds are awarded to a HOMEeligible Applicant(s) to provide loans to homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market to be located in City of Porterville limits

2. If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).

3. The Applicant authorizes the Mayor to execute, in the name of the Applicant, the HOME Standard Agreement.

4. The Applicant authorizes Community Development Director or their designee(s) to execute, in the name of the Applicant, all other required documents.

PASSED, APPROVED AND ADOPTED THIS 19th DAY OF March 2024. __________________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: _____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 8.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Renewal of Airport Lease Agreement Lot No. 34D SOURCE: Finance
COMMENT: Scott Creager is the current leaseholder of Lot No. 34D at the Porterville Municipal Airport. The current lease expires on May 31, 2024. The City has received a request from Scott Creager dated March 4, 2024, to renew the lease for a period of fifteen (15) years. The lot is approximately 2,350 square feet in area and will rent for a rate of $0.392 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2025, and each January thereafter. The lease will begin on June 1, 2024, and expire on May 31, 2039. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the City and Scott Creager for Lot No. 34D at the Porterville Municipal Airport for a term of fifteen (15) years.

ATTACHMENTS: 1. Letter of Request

2. Draft Lease Agreement

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the 19th day of March, 2024, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Scott Creager, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activitiesincidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 34D at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on June 1, 2024, both parties having executed the same, and shall terminate on May 31, 2039, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of 1 the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.392 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 2,350 square feet of land area, said rental rate will be $921.20 annually, payable in advance.

Beginning January 1, 2025, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.
2 5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water, sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be 3 incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the 4 demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policiesin the amount of not lessthan TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, 5 Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereofshall be 6 subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Scott Creager
2838 W Harvard Ave
Visalia, CA 93277
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a 7 transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lendershall have the right at any time during the term of the loan and while this Lease isin full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter atsuch lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and 8 abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recovershall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City 9 the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction ofsaid improvements or the installation ofsaid furniture, furnishings, equipment, and fixturesshall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises asset forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by aCourt of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare 10 rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
11 Item No. 9.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Renewal of Airport Lease Agreement Lot No. 34E SOURCE: Finance
COMMENT: Michael and Debbie Quatacker are the current leaseholders of Lot No. 34E at the Porterville Municipal Airport. The current lease expires on May 31, 2024.

The City has received a request from Michael and Debbie Quatacker dated December 8, 2023, to renew the lease for a period of ten (10) years. The lot is 2,350 square feet in area and will rent for a rate of $0.392 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2025, and each January thereafter. The lease will begin on June 1, 2024, and expire on May 31, 2034. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the City and Michael and Debbie Quatacker for Lot No. 34E at the Porterville Municipal Airport for a term of ten (10) years.

ATTACHMENTS: 1. Letter of Request

2. Draft Lease Agreement

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the 19th day of March, 2024, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Michael Quatacker and Debbie Quatacker, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activitiesincidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 34E at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on June 1, 2024, both parties having executed the same, and shall terminate on May 31, 2034, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of 1 the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.392 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 2,350 square feet of land area, said rental rate will be $921.20 annually, payable in advance.

Beginning January 1, 2025, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.
2 5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing issubject to such reasonable rules and regulations asthe City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water ,sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be 3 incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the 4 demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policiesin the amount of not lessthan TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, 5 Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereofshall be 6 subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Michael Quatacker
Debbie Quatacker
1279 W Henderson Ave #187
Porterville, CA 93257
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to 7 any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lendershall have the right at any time during the term of the loan and while this Lease isin full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter atsuch lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including 8 attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recovershall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner 9 termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation ofsaid furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises asset forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by aCourt of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California. 10 36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
11 Item No. 10.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Renewal of Airport Lease Agreement Lot No. 36
SOURCE: Finance
COMMENT: Matthew Quatacker is the current leaseholder of Lot No. 36 at the Porterville Municipal Airport. The current lease expires on May 31, 2024. The City has received a request from Matthew Quatacker dated March 6, 2024, to renew the lease for a term of ten (10) years. The lot is approximately 4,200 square feet and will rent for a rate of $0.392 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2025, and each January thereafter. The lease will begin on June 1, 2024, and expire on May 31, 2034. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the City and Matthew Quatacker for Lot No. 36 at the Porterville Municipal Airport for a term of ten (10) years.

ATTACHMENTS: 1. Letter of Request

2. Draft Lease Agreement

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the 19th day of March, 2024, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Matthew Quatacker, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activitiesincidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 36 at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on June 1, 2024, both parties having executed the same, and shall terminate on May 31, 2034, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of 1 the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.392 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 4,200 square feet of land area, said rental rate will be $1,646.40 annually, payable in advance.

Beginning January 1, 2025, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.
2 5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water, sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be 3 incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the 4 demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policiesin the amount of not lessthan TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, 5 Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereofshall be 6 subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Matthew Quatacker
2101 Wildcat Way
Porterville, CA 93257
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a 7 transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lendershall have the right at any time during the term of the loan and while this Lease isin full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter atsuch lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and 8 abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recovershall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City 9 the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation ofsaid furniture, furnishings, equipment, and fixturesshall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises asset forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by aCourt of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare 10 rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
11 Item No. 11.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Approval for Community Civic Event - Optimist Club/PUSD/BSD - Porterville Celebrates Reading - April 13, 2024
SOURCE: Finance
COMMENT: The Optimist Club of Porterville, Porterville Unified School District, and Burton School District are requesting approval to hold the "Porterville Celebrates Reading" event on Saturday, April 13, 2024, from 10:00 AM to 2:00 PM, at Veterans Park. The event is a literacy fair for children ages pre-school and up. Local schools and community organizations will have booths with literacy activities. The sponsor is requesting the use of Veterans Park from 8:00 AM to 4:00 PM for set-up before and cleanup after the event.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are contained in the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Optimist Club of Porterville, Porterville Unified School District, and Burton School District to hold the "Porterville Celebrates Reading" event on Saturday, April 13, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE - Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

City Engineer:

0. Cervantez
Requirements for Community Civic Event
Optimist/PUSD/BSD
Porterville Celebrates Reading
April 13, 2024
No comments.

Community Development Director: No comments.

C.Calderon
Public Works Director:

M. Knight
Fire Marshal:

C. Dignam
Parks and Leisure Services Director:

D. Moore
Police Lieutenant:

A. Acevedo
Administrative Services Director:

Y. Andrade
Field Services Superintendent:

B. Spry
Field Services Superintendent - Streets:

J. Baeza
No comments.

Ensure proper spacing of tents and
canopies, no more than 400 square feet
with sides, or 700 square feet without
sides, must have a minimum of 12 feet
between any combination of tents or
canopies meeting the sizes listed.

Please see Exhibit C.

Parks will provide its usual logistical
support. Vehicles to park in designated
parking area.

Please see Exhibit B.

The submitted certificate satisfies Risk
Management's insurance requirements,
but it needs to be accompanied by an
endorsement page.

No comments.

No comments.

Exhibit A, Page 1

Item No. 12.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Approval of Community Civic Event - Parenting Network - Calling All Superheroes - April 17, 2024
SOURCE: Finance
COMMENT: The Parenting Network is requesting approval to hold the "Calling All Superheroes" event on Wednesday, April 17, 2024, from 3:00 PM to 5:30 PM, at Zalud Park. The event will consist of informational booths from several organizations with a focus on child abuse awareness. The sponsor is requesting the use of Zalud Park from 1:00 PM to 7:30 PM for set-up before and cleanup after the event.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are contained on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Parenting Network to hold the "Calling All Superheroes" event on Wednesday, April 17, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

Police Lieutenant:

A. Acevedo
Administrative Services Director:

Y. Andrade
Field Services Superintendent:

B. Spry
Field Services Superintendent - Streets:

J. Baeza
Please see Exhibit B.

Risk Management requires general
commercial liability coverage in the
amount of $2M with the City named
as an additional insured. The certificate
of insurance must include the
endorsement page reflecting the
additional insured. Further, all bounce
house participants or legal guardians (if
participant is a minor) must sign a
waiver of liability.

No comments.

No comments.

Exhibit A, Page 2

Item No. 13.

CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: North Grand Conditional Use Permit (PRC No. 21-2028-C) and Tentative Parcel Map Public Hearing Continuance
SOURCE: Community Development
BACKGROUND: n/a
COMMENT: The applicant proposes to subdivide the existing 8.52± acre parcel APN 243-190-018 into four parcels ranging from 0.86 to 3.94 acres for commercial development. At this time, the applicant only proposes development on Parcel 3, the southwestern parcel that has been proposed.

The proposed development consists of a 7,200-square-foot commercial building for a convenience store, including off-sale beer and wine sales with a drive-thru facility. A service station with 10 multi-product fuel dispensers would be located along the North Grand Avenue frontage just south of the store. Both service stations and uses involving the sale of alcohol are subject to approval of a conditional use permit. The request for alcohol sales is consistent with a Type 20 (Off-Sale Beer and Wine) license, subject to issuance by the California Department of Alcoholic Beverage Control (ABC).

If the CUP is approved, any future changes to the approved site plan and/or operation would require approval by the City Council. In the event that conditions of approval are violated, the City Council may modify or revoke the CUP at its discretion, as outlined in Porterville Development Ordinance, Section 601.10, Revocation of Approvals.

ANALYSIS: The site is designated CR (Retail Centers) by the General Plan Land Use Element and is zoned CR (Retail Centers). This designation and zone are intended to provide for a wide variety of commercial uses. The proposed project, including a convenience store, food and beverage retail sales, alcohol sales, and retail gasoline sales would suit the purpose of the zone designation. The convenience store is a permitted use in the CR Zone, and both alcohol sales and the service station may be permitted in that zone, with approval of the requested conditional use permit. It is not anticipated that this use would have a negative impact on the surrounding properties.

Conditions of approval are in place to protect public safety and interest.

The project also proposes to subdivide the property into four parcels. The Item No. 13.
division of the property would be required to comply with the development standards for the CR zone district, Porterville Development Ordinance Series 400, and the California Subdivision Map Act.

The applicant is conditioned to operate the establishment in such a manner as to preserve public safety, health, and welfare, to prevent the use from becoming a nuisance, and to operate the business in compliance with all laws, ordinances, and regulations regarding the sale of alcohol.

Furthermore, at all times the facility shall be operated and maintained to comply with State laws, the City of Porterville Development Ordinance, adopted Building Codes, and all other applicable laws and ordinances.

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

1. 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:
o LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city. o LU-G-3: Promote sustainability in the design and
development of public and private development projects. o 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.
o ED-G-2: Retain, improve, and promote existing businesses in Porterville.
o ED-G-5: Retain existing local businesses and foster local start-ups.
o ED-G-7: Create an image for Porterville that will attract and retain economic activity.

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conform in all significant respects with the general plan, this development ordinance, and any other applicable plan adopted by the city council. Within the CR Zone District, the proposed use of a convenience store with alcohol sales and a service station is a permitted use with the approval of a CUP and is consistent with the General Plan.

The California Department of Alcoholic Beverage Control allows a specific number of licenses per census tract population. Census Tract 35.04 allows four (4) on-sale and five (5) off-sale alcohol licenses. Currently, this Census Tract contains four (4) on-sale and five (5) off-sale. At the time of the Item No. 13.
application, there is not an over-concentration of alcohol licenses but with approval of this application it will exceed the allowable by one license for the off-sale allowable licenses and a letter of public convenience or necessity will be required.

ENVIRONMENTAL
REVIEW:

On January 26, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15315, Minor Land Divisions for the tentative parcel map and 15303, New Construction or Conversion of Small Structures for development of the commercial use.

Any future development of the remaining parcels will be subject to full review under CEQA.

If the City Council approves the project, staff will file a notice of exemption with the Tulare County Clerk and the State Clearinghouse.

RECOMMENDATION: That the City Council:

1. Continue the opened public hearing from March 5, 2024 and receive public comments;

2. Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15303 and 15315 of the California Code of Regulation; and

3. Adopts the draft resolution approving the tentative parcel map and the conditional use permit (PRC 2021-028-C)
subject to conditions of approval.

ATTACHMENTS: 1. Site Plan

2. Census Tract 35.04

3. Locator Map

4. Letter of Public Convenience and Necessity

5. Draft Resolution North Grand TPM CUP
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
SCALE: 1" - 20'

PROPOSED SITE PLAN

PROPOSED USE

STATISTICS
7200 SQ FT
NO

PARKING
C OF NORTH GRAND AVE. L
661.328.9600
[email protected]
561 NORTH AMERICAN ST.

SHAFTER, CA 93263
MARC A PASQUINI RCE 46079

PASQUINI

ENGINEERING
INC. C OF DOUGLAS ST. L

PARKING TABULATION

ZONING CR

CLEAN IR

VEHICL CLEAN IRVEHICL CLEAN IRVEHICL

COBB
ST

WESTSIDE ST
LOWERY
ST

LINDA VISTA
BAKER
AVE

MERRILL AVE

CASTLE AVE

LINDA VISTA AVE

MASTON ST

DOUGLAS ST

PROSPECT ST
|ÿ65

NORTH GRAND AVE

MAIN ST
Locator Map
PRC 2021-028
North Grand
Commercial Complex
Date Printed: 8/20/2021 by the Community Development Department 1 in = 500 feet
±
Project Location
City Limits
March 5, 2024
California Department of Alcoholic Beverage Control
Fresno District Office
3640 East Ashlan Ave
Fresno, CA 93726
ATTN: Christine Weldon
RE: PRC 2021-028-C
Dear Ms. Weldon:

The City Council of the City of Porterville has elected to approve the submittal of this letter regarding the public convenience or necessity, to be served through issuance of a Type 20 (Offsale beer and wine) for a convenience store, located on parcel 3 at the NEC of Northgrand Avenue and Douglas Street (APN 243-190-053), Porterville, CA.

Approval of this letter was based on the following:

1. Per Section 23958.4 of the “Business and Professions Code,” the subject site is located within Census Tract 35.04, which allows four (4) on sale and five off-sale licenses. At the present time five (5) off-sale licenses currently exist in this tract.

Due to the over concentration of off-sale licenses a Letter of Public Convenience or Necessity was required.

2. On March 5, 2024, the City Council conditionally approved Conditional Use Permit (PRC 2021-028-C), review attached resolution, to allow the sale of beer and wine, for a convenience store to be located on parcel 3 at the NEC of Northgrand Avenue and Douglas Street (APN 243-190-053), Porterville, CA. As a condition of approval, a Letter of Public Convenience or Necessity was required to be approved by the City Council.

3. In consideration of the above, the City Council determined that public convenience or necessity would be served by the issuance of a Type 20 (On-Sale General – Public Premises) alcohol license in conjunction with a convenience store.

Further issuance of an off-sale license allowing the sale of beer and wine represents a viable economic asset to the community which will contribute tax revenues to the local economy. The site is consistent with the General Plan Land Use Designation of Retail Centers policies. The proposed Type 20 (Off-Sale Beer and Wine), alcohol license for a convenience store would suit the purpose of the zone designation as well as meeting the economic development guiding policy needed to retain, improve and promote existing businesses in Porterville. The convenience store is permitted in the CR (Retail centers) land use designation and alcohol sales may be permitted with review and approval of a Conditional Use Permit.

For these reasons, the City Council of the City of Porterville supports issuance of a Type 20 (OffSale Beer and Wine license for convenience store located on parcel 3 at the Northeast corner of Northgrand Avenue and Douglas Street (APN 243-190-053), Porterville, CA.

Sincerely,
Martha Flores, Mayor
Attachment: Resolution
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF TENTATIVE PARCEL MAP NO. 2024-001 AND CONDITIONAL USE PERMIT (PRC 2021-028-C),

AUTHORIZING THE DEVELOPMENT OF A COMMERCIAL TENTATIVE PARCEL MAP

PROPOSING LOTS WITHOUT STREET FRONTAGE, DEVELOPMENT OF A SERVICE STATION AND THE SALE OF ALCOHOL UNDER A TYPE 20 OFF-SALE (BEER AND

WINE) ALCOHOL IN CONJUCTION WITH A CONVENIENCE STORE LOCATED AT THE NORTHEAST CORNER OF NORTHGRAND AVENUE AND DOUGLAS STREET.

WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of March 19, 2024, conducted a public hearing to consider Tentative Parcel Map No. 2024-001 and Conditional Use Permit (PRC 2021-028-C), which proposes to divide Assessor’s Parcel Number 243-190-018, containing a total of 8.52± acre (333,884.58SF) lot, into four parcels; WHEREAS: On February 23,2024, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for Tuesday, March 5, 2024 and similar notices were sent to owners of property within 500 feet radius of the site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: Tentative Parcel Map No. 2024-001, which proposes to divide Assessor’s Parcel Number 243-190-018, containing a total of 8.52± acre (333,884.58SF) lot, into four parcels, with Parcel 2 of the tentative parcel map does not have frontage on a public street, said frontage required pursuant to Porterville Development Ordinance (PDO) Section 407.03(h)(4); Parcel 1 Parcel 2 Parcel 3 Parcel 4
37,686.03 SF 49,070.13 SF 75,270.59 SF 171,857.83 SF
WHEREAS: PDO Section 400.05 provides an avenue by which the City Council, upon making necessary findings, may vary the requirements for land division applications by approval of a Conditional Use Permit; and
WHEREAS: Conditional Use Permit (PRC 2021-028-C) to allow the approval of a tentative map consisting of a lot without a street frontage, development of a Service Station and the sale of alcohol under a Type 20 Off-Sale (Beer and Wine) alcohol license in conjunction with a convenience store located at the NEC of Northgrand Avenue and Douglas Street; and WHEREAS: On January 29, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines 15315 Minor Land Division for the land division, said preliminary determination based on the requisite criteria and substantiated in the record:

1. The project consists of a division of property in urbanized areas zoned for commercial use into four or fewer parcels;
Resolution No. ____-2024

Page 2 of 12 ends
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