Agenda packet — Porterville City Council, October 1, 2024 (part 2 of 7)

Item No. 13.

CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Approval of Community Civic Event – Porterville First Baptist Church – Mother’s United Against Gang Violence “United by Kindness” - November 2, 2024
SOURCE: Finance
COMMENT: The Porterville First Baptist Church is requesting approval to hold the Mother’s United Against Gang Violence “United by Kindness” event on Saturday, November 2, 2024, from 11:00 AM to 4:00 PM at Centennial Park. This event is a community outreach event to celebrate our youth and to promote kindness throughout our community. The event will include performing arts and a talent show festival. The Application requests the closure of Main Street from East Harrison Avenue to East Putnam Avenue, North Second Street from East Thurman Avenue to East Cleveland Ave, West Thurman Avenue and West Cleveland Avenue from North Division to North Main Street, and East Thurman Avenue and East Cleveland Avenue from North Main Street to North Second Street, as indicated on the attached map, from 9:00 AM to 4:00 PM.

The Committee also requests barricades, street sweeping, and refuse pickup. An outside amplifier permit has been approved from 11:00 AM to 3:30 PM.

This request is being 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. The requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Porterville First Baptist Church to hold the Mother’s United Against Gang Violence “United by Kindness” event on November 2, 2024, at Centennial Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside
Amplifier Permit.

ATTACHMENTS: 1. Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

Item No. 13.

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

Requirements for Community Civic Event
Porterville 1st Baptist Church
Untied by Kindness
November 2, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon

Public Works Director: No comments.

M. Knight

Fire Marshal: Please see Exhibit C.

C. Dignam
Parks and Leisure Services Director: Vehicles to remain off grass.

D. Moore
Police Lieutenant: Please see Exhibit B.

A. Acevedo

Administrative Service Director: Risk Management requires $1M in Y. Andrade general commercial liability coverage,
naming the City of Porterville as an
additional insured. The certificate of
. insurance must include the attached
endorsement page evidencing the name
insured. If the event has bounce houses
houses or inflatables, the City would
require $2M in general commercial
liability coverage, naming the City as
additional insured and waivers must be
signed.

Exhibit A, Page 1
Field Services Superintendent: We will deliver 5 black 64G containers B. Spry and 5 blue 64G containers Centennial
Park prior to the event. The Coordinator
was instructed to leave the containers in
in the same place as they were dropped
off, at the conclusion of the event.

Field Services Superintendent – Streets: Street department will set up street J. Baeza closure before event and remove
closure after event.

Exhibit A, Page 2
Requirements for Community Civic Event
Sponsor: Porterville 1st Baptist Church
Event: United by Kindness
Event Chairman: Lloyd Johnson
Location: Centennial Park, Porterville Ca
Date of Event: November 2, 2024
RISK MANAGEMENT: Conditions of Approval
That Porterville 1st Baptist Church provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $1,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less that A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 3

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
United by Kindness Talent Show Festival
November 2, 2024, 11 am – 4 pm
Location: Centennial Park
Proposed Conditions/Requirements for Downtown Event:
 City Council approval is required for all street closures.  On all streets approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.  If event organizers anticipate the need for removal of parked vehicles from public roadways related to the event, the affected public roadways must be posted by organizer with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. (Recommend event organizers contact Sergeant Maria Aguillon of the Porterville Police Department/Traffic Unit in order to ensure that signs meet the requirements as established by law).
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  An Outside Amplifier Permit has been approved and granted. However, event organizers shall not allow music to be played so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.
 At conclusion of event, event organizers shall ensure streets are promptly cleared of any vehicles, equipment, booths or anything that could present a hazard to pedestrians or vehicles traveling through this area.
 Event organizers shall contact Sergeant Maria Aguillon no less than 10 days before the event to coordinate and discuss the proposed road closures.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B
City of Porterville/Fire Department
Community Civic Event
Untied by Kindness
November 2, 2024 11:00AM-4:00PM
Centennial Park, Porterville
Proposed Conditions/Requirements for community civic event:

Proper spacing between canopies, tents and tarps. All tents, canopies, tarps shall all be fire resistance rated with an affixed and legible tag. see attached document. Fire extinguishers available and within 75' travel distance to generators and booths. Food trailers shall be disconnected from the towing vehicle and level with towing vehicle disconnected and moved to a parking area. Food vans or trucks should be parked and keys removed from the ignition. All food trucks and trailers with an installed fire extinguisher system shall have a current inspection tag on the fixed extinguishing system (within the last 6 months) and have both a K extinguisher, and a 2A:10BC fire extinguisher (tagged within the last year). There shall be no cooking or frying producing grease laden vapors inside, or under, any tent, tarp, or canopy.

Clayton Dignam
Fire Marshal
Exhibit C, Page 1

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

OUTDOOR FOOD BOOTH REQUIREMENTS
Authority cited: 2019 California Fire Code (CFC)
These standards apply to individual tents, temporary structures, or membrane structures less than 200 square feet in area, and canopies less than 400 square feet in area used as outdoor carnival and fair booths.

A permit is required before any tent or membrane structure larger than 400 square feet can be erected. (California Fire Code 3103.2)
Tents and membrane structures having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the building official and fire code official.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

2. Tents open on all sides which comply with all the following:
a. Individual tents having a maximum size of 700 square feet. b. Aggregate area of multiple tents placed side by side without 12 feet clearance, not exceeding 700 square feet total. c. A minimum clearance of 12 feet to all structures and other tents.

Definitions
Cooking Booth – Booth where food is prepared by a heating or cooking process such as, but not limited to, grilling, frying, barbecuing, flambe′, deep fat frying, baking, warming, or boiling. Deep fat frying – Any cooking operation or process whereby the product floats or is submerged in hot oil during the cooking process.

Vendor Booth – Any booth other than a cooking booth.

Cooking Booth Construction and Location
• All fabrics or membranes covering cooking booths shall be California State Fire Marshal certified flame retardant and be labeled as such.
• Decorative materials shall be inherently fire resistive or shall be treated with a fire-retardant spray. • Flooring materials used within cooking booths and cooking equipment shall be non-combustible or California State Fire Marshal certified fire-retardant. (Exception 3/8” plywood or similar material.) • Each cooking booth shall have at least one exit-way, a minimum 3’ wide and 6’8” high. Booth frames shall not obstruct exit paths. • Cooking booths shall have a minimum clearance of 10’ on at least two sides with clearance of at least 10’ from any vendor booth. • Minimum 12’ separation required between cooking booths with an aggregate size of 400 sq.ft. with sides, or 700 sq.ft. without sides.

Cooking Equipment
• All interior cooking equipment shall be of an approved type, and open-flame cooking shall be located a minimum of 18” from booth back/side drop materials.
• Compressed gas (butane, propane, or natural) equipment shall conform to the following:
• Shut off valves shall be provided at each fuel source; • Cooking appliances shall have an ON-OFF valve located far enough away from the appliance to be safely shut off in case of fire; • Manufactured cooking appliances shall be equipped with a Thermocouple Valve to shut off fuel if flame is extinguished; • The booth operator shall test all connections for leaks with soap and water solution; • Fuel tanks shall be protected from damage and secured in an upright position; • Hoses shall be of a type approved for use with the equipment and fuel type; • Tanks not in use shall be turned off;
• Extra fuel tanks shall not be stored in booths;
• Unused fuel cylinders shall be stored in a secured position.

PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
Wood, Charcoal (Solid Fuels) Cooking
• Use only an electric starter or commercially sold lighter fluid. • Charcoal cooking and storage of lighter fluid is prohibited inside booths. • Charcoal cooking shall be located a minimum of ten 10’ away from booths and in areas away from public access. • Charcoal cooking shall be located at least ten 10’ away from combustible structures and parked vehicles. • Coals shall be disposed of in metal containers with lids approved by the Fire Marshal.

Deep Fat Frying, Flambé, and Wok
• Deep fat frying, flambé, and wok shall be located no closer than 18” from any combustible material. • Cooking areas shall not be accessible to the public.
• Deep fat frying equipment shall be equipped with a temperature regulating device or other method of regulating temperatures approved by the Fire Marshal.
• Separation shall be maintained with a minimum of 3’ clearance between deep fat frying and flambé or open flame cooking.

Vendor Booth Construction and Location
• Each vendor booth shall have at least one exit-way, a minimum of 3’ wide by 6’8” high. Booth frames shall not obstruct exit paths.
• Vendor booths shall have a minimum clearance of 20’ on at least one side, with clearance of at least 10’ from any cooking booth.

Electrical Power
• Generators shall be placed only in locations approved for festival use. • Generators shall not be refueled during event hours. Extra fuel shall not be stored during event hours. • Smoking and open flames shall be prohibited within 25’ of refueling operations. • Extension cords shall be of a grounded type and approved for exterior use.

Fire Extinguishers
• Each cooking booth shall be equipped with a fire extinguisher with a minimum rating of 2A: 10BC. Booths with deep fat frying or flambé cooking shall be equipped with an extinguisher rated for class “K” fires. • Cooking booths shall be equipped with visible and accessible fire extinguishers mounted adjacent to the exit. • For vendor booths, the maximum travel distance to a fire extinguisher with a minimum rating of 2A: 10BC shall not exceed 75’ • Each generator shall be provided with a fire extinguisher with a minimum 40BC rating. The extinguisher shall be located near the generator and accessible at all times.
• All fire extinguishers shall be serviced and tagged annually by a State-licensed contractor.

Miscellaneous
• The Porterville Fire Department shall be provided with a site plan showing emergency access. • All booths are subject to inspection by the Fire Department and any discrepancies will require immediate action. • All cooking areas shall be cleaned regularly to prevent the build-up of grease. • There shall be a competent adult in cooking booths at all times to ensure safety. • Seating shall be a minimum of 15’ from booths with open flame devices or cooking appliances. • The Fire Department shall be provided with a telephone number of the responsible party to contact in case of emergency on a 24 hour basis.

Fire Safety Tips
• Know where fire extinguishers are and how to use them. • Do not leave cooking unattended.
• Do not wear loose-fitting clothing while cooking.
• Remove trash accumulation regularly.
• Keep combustible materials away from heat sources.
• In case of an emergency dial 9-1-1.

The attached “Food Booth Vendor Agreement” must be on site at all times and presented upon request of any Porterville Fire Department Personnel.

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected] Cooking Booth Vendor Agreement
Booth/Space # Business Name
On Site Contact Name Contact Phone #
Cooking Booth Construction and Location

1. Tents, canopies, and decorative material shall be inherently flame-resistive and proof of certification shall be on site at all times.

2. Cooking booth floors may be concrete, asphalt, or plywood over grass and dirt.

3. An emergency access of 36” shall be maintained between the back of each cooking booth and any fencing at all times. NO EXCEPTIONS.

Cooking Equipment

1. Cooking with charcoal, wood, or other solid fuel shall be located a minimum of 10’ away from booths, canopies, combustible material or any public access.

2. Deep fat frying shall be located a minimum of 3’ away from booths, canopies, open flame cooking, combustible material or any public access.

3. Any open flame cooking shall be located a minimum of 18” away from any vertical surface, combustible material or any public access.

4. Extra fuel tanks shall NOT be stored in booths or within 5’ of cooking equipment.

5. All cooking, gas powered, or electrically energized equipment shall meet manufacturer specifications and shall be free of excess cooking oils or any other combustible materials.

Miscellaneous

1. A visible and accessible, 2A:10BC fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided within 20’ of travel in all cooking areas.

2. A visible and accessible Class K portable fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided in all cooking areas with deep fat frying.

3. All cooking areas shall be cleaned regularly to prevent build-up of combustible substances.

4. Extension cords shall be of a grounded type, approved for exterior use, and in good working order.

5. Smoking is not allowed at any time within food booths or within 25’ of any fuel source.

6. Specialized cooking equipment is subject to approval by the Fire Marshal.

Additional Requirements:

The Porterville Fire Department has established these requirements in accordance with the California Fire Code. Your cooperation is required to maintain a high level of fire safety throughout the event. All booths are subject to fire department inspection prior to and at any time during the event. Any discrepancies to the above requirements or any conditions considered a threat to fire and life safety by the Fire Inspector may result in the immediate cessation of cooking.

By signing below, I acknowledge that I have read and agree to comply with all requirements of this contract.

Signature Date

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

Item No. 14.

CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Approval of Community Civic Event - Veterans Homecoming Committee - Veterans Day Parade - November 11, 2024
SOURCE: Finance
COMMENT: The Veterans Homecoming Committee is requesting approval to hold its annual Veterans Day Parade on Monday, November 11, 2024, from 10:00 AM to 12:00 PM, continuing the patriotic tradition of honoring veterans and showing gratitude for their service. The Application requests the closure of Main Street from Henderson Avenue to Orange Avenue, along with the side streets along Main Street that are indicated on the attached map, from 7:00 AM to 1:00 PM.

The Committee also requests barricades, Police protection, street sweeping, and refuse pickup. An outside amplifier permit has been approved from 9:00 AM to 12:00 PM.

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. The requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event Application and Agreement submitted by the Veterans
Homecoming Committee for the annual Veterans Day Parade on November 11, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.

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

Review By:

Department Director:

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

Requirements for Community Civic Event
Veterans Homecoming Committee & American Legion Post 20 Veterans Day Parade
November 11, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon
Public Works Director: No comments.

M. Knight

Fire Marshal: Cleveland shall not be closed directly
C. Dignam in front of Fire Station 71.

Parks and Leisure Services Director: Parks will be coordinating with event D. Moore chairperson on event logistics.

Police Lieutenant: Please see Exhibit B.

M. Azevedo

Administrative Service Director: The certificate and endorsement page Y. Andrade are sufficient for what is proposed on
the application.

Field Services Superintendent: We will take care of trash services.

B. Spry

Field Services Superintendent – Streets: Street department will take care of the J. Baeza set up and take down of the street
closure.

Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: Veterans Homecoming Committee & American Legion Post 20 Event: Veterans Day Parade
Event Chairman: Bob Atchley
Location: Main Street, Porterville CA
Date of Event: November 11, 2024 (10:00 a.m.-12:00 p.m.) RISK MANAGEMENT: Conditions of Approval
That Veterans Homecoming Committee or American Legion Post 20 provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less than A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Veterans’ Day Parade
November 11, 2024 / 6:00AM – 4:00PM
Proposed Conditions/Requirements:
 City Council approval is required for all street closures.  Ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.
 Parade Committee should meet with street vendors to coordinate rules regarding their activities, such as:
 Staying off the parade route and crossing in front of floats or groups  Shall not sell silly string, snap caps or party poppers  Ensure each vendor has properly obtained a City business license  Food vendors should be situated where they minimally block the sidewalk.  Food vendors should provide inspection certificates from the Tulare County Health Department to ensure safe food products.
 Throwing candy from vehicles, floats, or any parade entry is prohibited. This results in children scampering to catch or find candy in a crowded environment, and causes others to run out into the street. This practice creates significant and unnecessary risk for parade goers. All registered parade entrants should be informed of this prohibition and efforts taken to cease this practice.  An Outside Amplifier Permit has been requested and granted. However, event organizers shall not allow music or other amplifications to be played so loud as to unreasonably disturb the peace and good order of the business establishments or neighborhoods in the area.
 Event organizers shall coordinate all policing/traffic/parking/posting concerns with Lieutenant Orlando Ortiz and Sergeant Maria Aguillon well in advance of the event.

They can be contacted at 559-782-7410/559-782-7400.

Lieutenant Mark Azevedo
Porterville Police Department
Exhibit B

08/21/2024

Item No. 15.

CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Approval of Community Civic Event - Tule River Tribe Powwow Committee - Tule River Veterans Powwow Overnight Camping - November 7 - 11, 2024 SOURCE: Finance
COMMENT: The Tule River Tribe is holding its annual Tule River Powwow at the Eagle Mountain Casino Event Center from Friday, November 8, 2024, to Sunday, November 10, 2024, and is requesting approval to allow overnight camping for participants from Thursday, November 7, 2024, to Monday, November 11, 2024, at the Porterville Sports Complex. Camping is proposed to begin on Thursday at 5:00 P.M. and conclude on Monday at 12:00 P.M., and would not interfere with scheduled City sports activities.

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 listed on the attached Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Tule River Tribe Powwow
Committee to use the Porterville Sports Complex for overnight camping during the Tule River Powwow on November 7, 2024 through November 11, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. 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
11/7/2024-11/11/2024

11/7-11/24

Requirements for Community Civic Event
Tule River Powwow Committee
Tule River Powwow
November 7-11, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon
Public Works Director: No comments.

M. Knight
Fire Marshal: Please see Exhibit C.

C. Dignam
Parks and Leisure Services Director: Parks will coordinate with event D. Moore chairperson the logistics at the
Sports Complex.

Police Lieutenant: Please see Exhibit B.

A. Acevedo
Administrative Service Director: Risk Management requires $2M in Y. Andrade general commercial liability coverage
naming the City of Porterville as an
additional insured. The certificate must
also include the endorsement page
reflecting the same coverage.

Field Services Superintendent: No comments.

B. Spry
.

Field Services Superintendent – Streets: No comments.

J. Baeza
Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: Tule River Powwow Committee
Event: Tule River Powwow
Event Chairman: Adam Christman
Location: Sports Complex, Porterville Ca
Date of Event: November 7-11, 2024
RISK MANAGEMENT: Conditions of Approval
That the Tule River Powwow Committee provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Tule River Pow Wow
November 7-11, 2024
Porterville Sports Complex
Proposed Conditions/Requirements for Event:
 At conclusion of event, event organizers shall ensure the park is promptly cleared of any equipment, booths, or waste
 Event organizers should contact the Patrol Watch Commander (Lieutenant Gurule, Lieutenant Hatch, Lieutenant Ibarra, or Lieutenant Ortiz) to discuss any potential policing needs. They can be reached at (559) 782-7400.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B

CITY OF PORTERVILLE/FIRE DEPARTMENT

COMMUNITY CIVIC EVENT APPLICATION

TULE RIVER POWWOW
NOVEMBER 7-11, 2024

PORTERVILLE SPORTS COMPLEX
Proposed Conditions/Requirements for Event:

All spacing for tents, tarps and canopies shall comply with the attached requirements for spacing. All booths using electricity, preparing food, or using a generator shall have at a minimum a 2A:10B,C fire extinguisher that is properly tagged for use. All trailers shall be separated from the towing vehicle and levelled. There shall be a minimum of 12' between units.

All food truck/trailers with a fixed extinguishing system shall have a current inspection tag on the system and the required K series extinguisher, along with the 2A:10B,C fire extinguisher.

Clayton Dignam
Fire Marshal
Exhibit C, Page 1

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

Exceptions:

1. Tents used exclusively for recreational camping purposes.

Vendor Booth – Any booth other than a cooking booth.

PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

The attached “Food Booth Vendor Agreement” must be on site at all times and presented upon request of any Porterville Fire Department Personnel.

PORTERVILLE FIRE DEPARTMENT

1. Tents, canopies, and decorative material shall be inherently flame-resistive and proof of certification shall be on site at all times.

2. Cooking booth floors may be concrete, asphalt, or plywood over grass and dirt.

3. An emergency access of 36” shall be maintained between the back of each cooking booth and any fencing at all times. NO EXCEPTIONS.

Cooking Equipment

1. Cooking with charcoal, wood, or other solid fuel shall be located a minimum of 10’ away from booths, canopies, combustible material or any public access.

2. Deep fat frying shall be located a minimum of 3’ away from booths, canopies, open flame cooking, combustible material or any public access.

3. Any open flame cooking shall be located a minimum of 18” away from any vertical surface, combustible material or any public access.

4. Extra fuel tanks shall NOT be stored in booths or within 5’ of cooking equipment.

5. All cooking, gas powered, or electrically energized equipment shall meet manufacturer specifications and shall be free of excess cooking oils or any other combustible materials.

Miscellaneous

1. A visible and accessible, 2A:10BC fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided within 20’ of travel in all cooking areas.

2. A visible and accessible Class K portable fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided in all cooking areas with deep fat frying.

3. All cooking areas shall be cleaned regularly to prevent build-up of combustible substances.

4. Extension cords shall be of a grounded type, approved for exterior use, and in good working order.

5. Smoking is not allowed at any time within food booths or within 25’ of any fuel source.

6. Specialized cooking equipment is subject to approval by the Fire Marshal.

Additional Requirements:

By signing below, I acknowledge that I have read and agree to comply with all requirements of this contract.

Signature Date

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

Item No. 15.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on April 16, 2024, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.

Chronology:

On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.

On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.

On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

Item No. 15.

On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.

On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.

On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.

To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding (MOU) in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, 2023 to May 5, 2023.

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with Item No. 15.
the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.

Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).

On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.

Item No. 15.

On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.

On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.

On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.

On August 4, 2023, Governor Newsom issued Executive Order N-10-23 to streamline levee repairs and debris removal to help local communities recover from flooding and prepare for the next wet season.

At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.

In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, Item No. 15.

July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. Declaration of Local Emergency - March 13, 2023

2. Resolution No. 11-2023

3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023

4. Tule River Banks Mandatory Evacuation Order - March 19, 2023

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

8. Federal Disaster Declaration Fact Sheet - April 3, 2023

9. License to Use State Military Property - April 14, 2023

10. City and County Memorandum of Understanding for
Shelter Support

11. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023

12. License to Use State Military Property - May 16, 2023

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

15. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment

16. Royal Restrooms Invoice: Mobile Shower-Restroom Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and Disaster

22. California Government Code 8558

23. Armory Daily Census
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.

2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph

3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.

4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.

5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.

6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.

The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.

9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.

10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________

GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.

2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:

To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:

The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.

4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.

5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:

In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.

6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:

For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.

7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.

9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:

The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.

The Water Board shall post on its internet website all reports received pursuant to this subparagraph.

10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.

11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.

2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.

4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.

Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.

5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to this Order.

IN WITNESS WHEREOF I hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.

Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.

As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.

Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.

Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.

As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS

LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:

Subtotal:

Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.

If you have any questions please call 800-457-3728
or e-mail [email protected].

Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

JESSE PINTOR
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354

CITY OF PORTERVILLE

PAYMENT
DUE
PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67

PHONE PHONE
Notes:

Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06

1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1

AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:

Email:

Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):

Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.

Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.

This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:

1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.

2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.

3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.

4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.

5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.

6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).

7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.

8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.

9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.

10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.

11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.

12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.

13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.

14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.

IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:

By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.) Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38 0 4
Wednesday, January 17, 2024 33 0 4
Thursday, January 18, 2024 33 0 4
Friday, January 19, 2025 33 0 4
Saturday, January 20, 2024 36 0 4
Sunday, January 21, 2024 38 0 4
Monday, January 22, 2024 36 1 4
Tuesday, January 23, 2024 34 1 4
Wednesday, January 24, 2024 32 1 4
Thursday, January 25, 2024 38 1 4
Friday, January 26, 2025 35 1 4
Saturday, January 27, 2024 32 1 4
Sunday, January 28, 2024 36 1 4
Monday, January 29, 2024 34 1 4
Tuesday, January 30, 2024 40 1 5
Wednesday, January 31, 2024 36 1 5
Thursday, February 1, 2024 36 1 5
Friday, February 2, 2024 36 1 5
Saturday, February 3, 2024 27 1 5
Sunday, February 4, 2024 33 1 5
Monday, February 5, 2024 29 1 5
Tuesday, February 6, 2024 33 1 5
Wednesday, February 7, 2024 37 1 5
Thursday, February 8, 2024 34 1 5
Friday, February 9, 2024 37 0 5
Saturday, February 10, 2024 38 0 5
Sunday, February 11, 2024 39 0 5
Monday, February 12, 2024 35 0 5
Tuesday, February 13, 2024 38 0 5
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
Saturday, February 17, 2024 40 0 5
Sunday, February 18, 2024 38 0 5
Monday, February 19, 2024 41 0 5
Tuesday, February 20, 2024 43 0 5
Wednesday, February 21, 2024 36 0 5
Thursday, February 22, 2024 39 0 5
Friday, February 23, 2024 36 0 5
Saturday, February 24, 2024 36 0 5
Sunday, February 25, 2024 38 0 5
Monday, February 26, 2024 37 0 5
Tuesday, February 27, 2024 41 0 5
Wednesday, February 28, 2024 41 0 9
Thursday, February 29, 2024 33 0 9
Friday, March 1, 2024 34 0 9
Saturday, March 2, 2024 33 0 9
Sunday, March 3, 2024 33 0 9
Monday, March 4, 2024 35 0 9
Tuesday, March 5, 2024 38 0 9
Wednesday, March 6, 2024 35 0 9
Thursday, March 7, 2024 36 0 9
Friday, March 8, 2024 37 0 9
Saturday, March 9, 2024 37 0 9
Sunday, March 10, 2024 41 0 9
Monday, March 11, 2024 41 0 9
Tuesday, March 12, 2024 42 0 9
Wednesday, March 13, 2024 40 0 9
Thursday, March 14, 2024 40 0 9
Friday, March 15, 2024 42 0 9
Saturday, March 16, 2024 39 0 9
Sunday, March 17, 2024 39 0 9
Monday, March 18, 2024 40 0 9
Tuesday, March 19, 2024 42 0 9
Wednesday, March 20, 2024 38 0 9
Thursday, March 21, 2024 35 0 9
Friday, March 22, 2024 37 0 9
Saturday, March 23, 2024 42 0 9
Sunday, March 24, 2024 42 0 9
Monday, March 25, 2024 41 0 9
Tuesday, March 26, 2024 41 0 9
Wednesday, March 27, 2024 44 0 9
Thursday, March 28, 2024 40 0 9
Friday, March 29, 2024 45 0 9
Saturday, March 30, 2024 46 0 9
Sunday, March 31, 2024 34 0 9
Monday, April 1, 2024 46 0 9
Tuesday, April 2 2024 34 0 9
Wednesday, April 3, 2024 38 0 9
Thursday, April 4, 2024 38 0 9
Friday, April 5, 2024 31 0 9
Saturday, April 6, 2024 28 0 9
Sunday, April 7, 2024 33 0 9
Monday, April 8, 2024 38 0 9
Tuesday, April 9, 2024 41 0 9
Wednesday, April 10, 2024 39 0 9
Thursday, April 11, 2024 34 0 9
Friday, April 12, 2024 33 0 9
Saturday, April 13, 2024 38 0 9
Sunday, April 14, 2024 36 0 9
Monday, April 15, 2024 31 0 9
Tuesday, April 16, 2024 34 0 9
Wednesday, April 17, 2024 34 0 9
Thursday, April 18, 2024 33 0 9
Friday, April 19, 2024 29 0 9
Saturday, April 20, 2024 28 0 9
Sunday, April 21, 2024 29 0 9
Monday, April 22, 2024 28 0 9
Tuesday, April 23, 2024 28 0 9
Wednesday, April 24, 2024 28 0 9
Thursday, April 25, 2024 29 0 9
Friday, April 26, 2024 32 0 9
Saturday, April 27, 2024 30 0 9
Sunday, April 28, 2024 34 0 9
Monday, April 29, 2024 29 0 9
Tuesday, April 30, 2024 28 0 8
Wednesday, May 1, 2024 27 0 9
Thursday, May 2, 2024 26 0 9
Friday, May 3, 2024 29 0 9
Saturday, May 4, 2024 29 0 9
Sunday, May 5, 2024 34 0 9
Monday, May 6, 2024 30 0 9
Tuesday, May 7, 2024 30 0 9
Wednesday, May 8, 2024 30 0 9
Thursday, May 9, 2024 35 0 9
Friday, May 10, 2024 32 0 9
Saturday, May 11, 2024 30 0 9
Sunday, May 12, 2024 30 0 9
Monday, May 13, 2024 32 0 9
Tuesday, May 14, 2024 32 0 9
Wednesday, May 15, 2024 32 0 9
Thursday, May 16, 2024 33 0 9
Friday, May 17, 2024 36 0 9
Saturday, May 18, 2024 33 0 9
Sunday, May 19, 2024 38 0 9
Monday, May 20, 2024 34 0 8
Tuesday, May 21, 2024 30 0 9
Wednesday, May 22, 2024 30 0 9
Thursday, May 23, 2024 29 0 7
Friday, May 24, 2024 34 0 8
Saturday, May 25, 2024 35 0 9
Sunday, May 26, 2024 38 1 9
Monday, May 27, 2024 36 0 9
Tuesday, May 28, 2024 35 0 8
Wednesday, May 29, 2024 32 0 7
Thursday, May 30, 2024 31 0 7
Friday, May 31, 2024 29 0 8
Saturday, June 1, 2024 30 0 9
Sunday, June 2, 2024 34 0 10
Monday, June 3, 2024 33 0 9
Tuesday, June 4, 2024 27 0 8
Wednesday, June 5, 2024 32 0 9
Thursday, June 6, 2024 31 0 9
Friday, June 7, 2024 30 0 8
Saturday, June 8, 2024 33 0 9
Sunday, June 9, 2024 36 0 9
Monday, June 10, 2024 35 0 9
Tuesday, June 11, 2024 34 0 8
Wednesday, June 12, 2024 25 0 8
Thursday, June 13, 2024 30 0 10
Friday, June 14, 2024 39 0 10
Saturday, June 15, 2024 34 0 8
Sunday, June 16, 2024 34 0 8
Monday, June 17, 2024 32 0 9
Tuesday, June 18, 2024 34 0 10
Wednesday, June 19, 2024 33 0 9
Thursday, June 20, 2024 33 0 11
Friday, June 21, 2024 30 0 9
Saturday, June 22, 2024 27 0 8
Sunday, June 23, 2024 33 0 10
Monday, June 24, 2024 16 0 7
Tuesday, June 25, 2024 20 0 7
Wednesday, June 26, 2024 30 0 9
Thursday, June 27, 2024 30 0 9
Friday, June 28, 2024 33 0 10
Saturday, June 29, 2024 34 0 10
Sunday, June 30, 2024 34 0 10
Monday, July 1, 2024 30 0 10
Tuesday, July 2, 2024 35 0 11
Wednesday, July 3, 2024 27 0 9
Thursday, July 4, 2024 27 0 9
Friday, July 5, 2024 30 0 9
Saturday, July 6, 2024 29 0 9
Sunday, July 7, 2024 32 0 10
Monday, July 8, 2024 36 0 11
Tuesday, July 9, 2024 34 0 10
Wednesday, July 10, 2024 35 0 9
Thursday, July 11, 2024 35 0 9
Friday, July 12, 2024 26 0 8
Saturday, July 13, 2024 31 0 9
Sunday, July 14, 2024 35 0 10
Monday, July 15, 2024 36 0 11
Tuesday, July 16, 2024 33 0 10
Wednesday, July 17, 2024 29 0 9
Thursday, July 18, 2024 19 0 7
Friday, July 19, 2024 20 0 7
Saturday, July 20, 2024 22 0 8
Sunday, July 21, 2024 22 0 8
Monday, July 22, 2024 24 0 8
Tuesday, July 23, 2024 26 0 8
Wednesday, July 24, 2024 23 0 7
Thursday, July 25, 2024 24 0 8
Friday, July 26, 2024 22 0 7
Saturday, July 27, 2024 22 0 7
Sunday, July 28, 2024 23 0 7
Monday, July 29, 2024 23 0 7
Tuesday, July 30, 2024 21 0 7
Wednesday, July 31, 2024 21 0 7
Thursday, August 1, 2024 20 0 7
Friday, August 2, 2024 22 0 7
Saturday, August 3, 2024 18 0 7
Sunday, August 4, 2024 21 0 7
Monday, August 5, 2024 20 0 7
Tuesday, August 6, 2024 22 0 5
Wednesday, August 7, 2024 25 0 6
Thursday, August 8, 2024 25 0 8
Friday, August 9, 2024 20 0 4
Saturday, August 10, 2024 16 0 4
Sunday, August 11, 2024 23 0 5
Monday, August 12, 2024 31 0 7
Tuesday, August 13, 2024 23 0 5
Wednesday, August 14, 2024 24 0 4
Thursday, August 15, 2024 20 0 3
Friday, August 16, 2024 18 0 3
Saturday, August 17, 2024 23 0 4
Sunday, August 18, 2024 23 0 3
Monday, August 19, 2024 21 0 4
Tuesday, August 20, 2024 24 0 3
Wednesday, August 21, 2024 23 0 3
Thursday, August 22, 2024 24 0 3
Friday, August 23, 2024 29 0 3
Saturday, August 24, 2024 18 0 2
Sunday, August 25, 2024 30 0 3
Monday, August 26, 2024 16 0 2
Tuesday, August 27, 2024 21 0 3
Wednesday, August 28, 2024 23 0 2
Thursday, August 29, 2024 24 0 3
Friday, August 30, 2024 23 0 3
Saturday, August 31, 2024 27 0 2
Sunday, September 1, 2024 27 0 3
Monday, September 2, 2024 27 0 2
Tuesday, September 3, 2024 21 0 3
Wednesday, September 4, 2024 22 0 3
Thursday, September 5, 2024 27 0 3
Friday, September 6, 2024 33 0 4
Saturday, September 7, 2024 37 0 4
Sunday, September 8, 2024 28 0 3
Monday, September 9, 2024 32 0 4
Tuesday, September 10, 2024 33 0 3
Wednesday, September 11, 2024 22 0 3
Thursday, September 12, 2024 27 0 3
Friday, September 13, 2024 37 0 4
Saturday, September 14, 2024 33 0 4
Sunday, September 15, 2024 38 0 4
Monday, September 16, 2024 33 0 4
Tuesday, September 17, 2024 34 0 4
Wednesday, September 18, 2024 30 0 3
Thursday, September 19, 2024 33 0 4
Friday, September 20, 2024 20 0 2
Saturday, September 21, 2024 21 0 2
Sunday, September 22, 2024 22 0 3
Monday, September 23, 2024 35 0 4
Item No. 17.

CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Consideration of General Plan Amendment, Rezone, Master Plan, and Environmental Impact Report Pertaining to the South of Tule River District Master Plan
SOURCE: Community Development
BACKGROUND: The SoTu Master Plan was initiated by the City of Porterville with the overall purpose of guiding the development of the 447-acre SoTu District as it transitions from a predominantly agricultural and rural residential area to an innovative mixed-use multi-modal district that is attractive to residents and visitors alike to live, work, explore, and shop. The development of the Master Plan was made possible by LEAP grant funding awarded to the City of Porterville by the California Department of Housing and Community Development (HCD) in 2021.

The Master Plan serves as the planning tool and process to provide the bigpicture vision for land use and development of the Plan Area. Although no physical development is currently proposed as part of the Master Plan, it outlines the overall vision and identifies concepts that would be implemented in the area. The Master Plan serves as the dynamic and longterm planning document to conceptually lay out future development and growth for the Plan Area.

The Master Plan is organized by chapters, or key elements, that cover land uses, circulation systems, open space, utilities, infrastructure, and public service systems within the District. Each element includes goals and policies to identify how future development will be carried out. Ultimately, the Master Plan will ensure that future development of the Plan Area is consistent with the vision and intent for the area as well as the Guiding Policies and regulations of the Porterville 2030 General Plan and Porterville Development Ordinance. The Master Plan is organized as follows. • Introduction
• Vision, Goals, and Objectives
• Land Use
• Circulation Plan
• Open Space and Landscape
• Infrastructure and Public Utilities
Item No. 17.
• Administration and Implementation
The Land Use element of the Master Plan outlines the mix of land uses that are proposed and addresses the requirements outlined for land uses in Article 206 of the Porterville Development Ordinance. Residential uses are provided at densities that are consistent with the Porterville 2030 General Plan, and public parks and non-residential uses are provided at ratios and locations consistent with the requirements of Article 206. The neighborhood center of the Plan Area is proposed in a centrally located area and is planned for mixed uses as required by Article 206.

The Circulation Element outlines the street systems and pedestrian and bike networks for the Plan Area. The element depicts a continuous street system which provides pedestrian and bicycle facilities and connects to all adjacent planned neighborhoods within the Plan Area. This is further explained in Chapter 4 of the Master Plan.

The Infrastructure and Public Utilities Element provide discussion and metrics for all future and planned public utility infrastructure of the Plan Area including, but not limited to, location and placement of utility lines that will be necessary to provide for the residents of the Plan Area.

COMMENT: The South of Tule River (SoTu) District Master Plan Area (Plan Area) comprises approximately 447 acres (gross) and 19 parcels located directly southwest of the city limits, bound to the north by the Tule River, south by State Route 190, east by State Route 65, and west by Westwood Street.

ANALYSIS: PROJECT LOCATION: The SoTu Master Plan Area (Plan Area) is comprised of approximately 447 acres (gross) and 19 parcels located directly southwest of the city limits, bound to the north by the Tule River, south by State Route 190, east by State Route 65, and west by Westwood Street. The regional location of the Plan Area is shown in the Regional Location Map and in the APN Map of the Plan Area.

The parcels are identified as Assessors’ Parcel Numbers:
259-150-001
259-030-011
259-030-031
259-270-004
259-040-041
259-040-044
259-040-028
259-040-027
259-040-026
259-040-025
259-040-043
259-040-042
259-040-045
259-040-046
259-040-010
259-040-039
259-320-001
259-320-002
259-370-058
Item No. 17.

The Plan Area is located outside city limits, but is within Porterville’s General Plan Planning Area, or the “Urban Area Boundary” (UAB) and the LAFCo-adopted sphere of influence. The eastern half of the Plan Area is within the City’s Urban Development Boundary (UDB); the western half of the Plan Area is outside the UDB.

SPECIFIC REQUEST: The project includes General Plan Amendment 2024-002, Rezone 2024-001, Master Plan 2024-001, and Environmental Impact Report (SCH #2024030738).

CURRENT GENERAL PLAN: The existing Porterville 2030 General Plan land use designations within the Plan Area are contained in the General Plan Maps. The acreage of each land use designation is shown in the table below. The Plan Area is predominately planned for Low Density Residential land uses (60.9%), followed by Parks and Recreation (23.6%), Retail Center (8.7%), and Public Institutional (2.3%).

General Plan Total Acreage
Land Use
Designation
Acres (#) Percent of Total
(%)
Low Density
Residential
272.41 60.9
Parks and Recreation 105.63 23.6
Public Institutional 10.16 2.3
Retail Center 38.89 8.7
Tule River (No
Assigned Use)

20.16 4.5
Total 447.25 100
CURRENT ZONING: The Plan Area is currently zoned as a mix A-1, AE20, and R-1-20 by the County of Tulare. Although the Plan Area is outside the city limits, the City has pre-zoned the area consistent with the General Plan land uses. The existing pre-zoning within the Plan Area is shown in the attached Zoning District Maps. The acreage of each zone district is shown in the table below. The Plan Area is predominantly zoned RS-2 (Low Density Residential) (56.5%), followed by RS-1 (Very Low Density Residential) (41.2%), PK (Parks and Public Recreation Facilities) (1.17%), and CR (Retail Centers) (0.9%).

Item No. 17.

Total Acreage
Zoning District Acres (#) Percent of Total
(%)
RS-1 (Very Low
Density Residential)
184.48 41.2
RS- 2 (Low Density
Residential)
253.22 56.6
PK (Parks and Public
Recreation Facilities)

5.25 1.17
CR (Retail Centers) 4.3 0.9
Total 447.25 100
PRESENT USE: Most of the Plan Area has historically been used for agriculture, including orchard and row crops, for at least the past 50 years.

The Plan Area is predominantly occupied by agricultural operations with a few single-family residential dwellings. Aerial imagery of the Plan Area is shown in the attached Aerial Map.

SURROUNDING LAND USE AND ZONING: The predominant existing land uses within the Plan Area are agriculture and rural residences. Existing land uses to the north of the Plan Area beyond the Tule River and to the east are single-family residential uses. Existing land uses to the south and west include a mix of residential, services, vacant, and agriculture uses. As referenced in the table below, all properties to the north, east, and west are planned and zoned for residential and public uses, and properties to the south are planned and zoned with a mix of industrial, retail, residential, and office uses.

Direction from
the Project
Site
Existing Land
Use
Planned Land
Use
Zone District
North Tule River,
Single-Family
Residential
Parks, Low
Density
Residential
RS-1 - Very
Low Density
Residential, RS2- Low Density
Residential
PD- Planned
Development,
PK-Parks and
Public
Recreation
Facilities
Item No. 17.

South SR 190,
Agriculture,
Residential,
Healthcare
Center
Industrial Park,
Retail Center,
Low Density
Residential,
Professional
Office
IP-Industrial
Park, CR-Retail
Centers, RS-1-
Very Low
Residential,
PO-Professional
Office
East SR 65, Single
Family
Residential
Low Density
Residential,
Public
Insitution
Pk- Parks and
Public
Recreation
Facilities, PDPlanned
Development
West Agriculture,
Single Family
Residential
Very Low
Density
Residential,
Parks
RS-1- Very
Low Density
Residential
PROJECT PROPOSAL: The project components include General Plan Amendment 2024-002, Rezone 2024-001, and Master Plan 2024-001, described as follows.

1. General Plan Amendment 2024-002: The Master Plan proposes to amend the General Plan Land Use Map and Circulation Map. The proposed General Plan Amendment would amend the General Plan Land Use Map to change the planned land use designations as described below and shown in the General Plan Maps. The General Plan Amendment would also amend the Circulation Map to include two (2) collectors, A Street and B Street, to improve connectivity of the Plan Area to Westwood Street and Newcomb Street as shown in the General Plan Maps.

The proposed land use changes are shown in the General Plan Maps and summarized in the table below. The Master Plan would result in reductions in acreage of Low Density Residential and Retail Centers, and modest increases in Medium Density Residential, High Density Residential, Commercial Mixed-Use, Neighborhood Commercial, Professional Office, Industrial Park, Park and Recreation, and Public Institutional. The land use changes are proposed to facilitate the transition of the Plan Area from a predominately agricultural and rural residential area to a mixed-use district, allowing varying uses at varying densities and intensities.

Item No. 17.

General Plan
Land Use
Designation
Current
Acreage by
General Plan
Proposed
Acreage by
Master Plan
Net Change in
Acreage
Low Density
Residential
272.41 51.88 -220.53
Medium
Density
Residential
-- 43.94 +43.94
High Density
Residential
-- 31.18 +31.18
Commercial
Mixed-Use
-- 33.11 +33.11
Neighborhood
Commercial
-- 8.53 +8.53
Retail Centers 38.89 24.64 -14.25
Professional
Office
-- 32.57 +32.57
Industrial Park -- 59.51 +59.51
Parks and
Recreation
105.63 112.47 +6.84
Public
Institutional

10.16 15.89 +5.73
Tule River (No
Assigned Land
Use)

20.16 20.16 0
Right-of-Way -- 33.61 +33.61
Total 447.30 447.30 0

2. Rezone 2024-001: The Master Plan proposes to change the underlying zoning districts to the RN (Residential Neighborhood) zone district to implement the neighborhood centers as shown on the General Plan Maps, as proposed to be amended by General Plan Amendment 2024-002. The proposed zoning within the Plan Area is shown in the attached Zoning Maps.

As detailed in the Master Plan, although the Plan Area will be zoned RN, the uses permitted, and the development standards required for future development will be those contained within the corresponding zone district in accordance with the land use and zoning consistency table identified below.

Item No. 17.

General Plan Land Use
Designation
Implementing Zoning District
Low Density Residential RS-2 – Low Density Residential
Medium Density Residential RM-2 – Medium Density
Residential
High Density Residential RM-3 – High Density Residential Commercial Mixed-Use CMX – Commercial Mixed Use
Neighborhood Commercial CN – Neighborhood Commercial
Retail Centers CR – Retail Centers
Professional Office PO – Professional Office
Industrial Park IG – General Industrial
Parks and Recreation PK – Parks & Public Recreation
Facilities
Public Institutional PS – Public and Semi-Public

3. Master Plan 2024-001: The Master Plan is being implemented by the Residential Neighborhood (RN) zone district. Article 206 of the Porterville Development Ordinance provides the purpose of the Residential Neighborhood District and the required elements for a master plan for a Residential Neighborhood District. The elements of a Master Plan must include, but are not limited to, land use, street system, pedestrian and bike network, and utilities. Each required element has additional requirements that must be met for compliance with Article 206.

The Master Plan is consistent with Article 206, including the following:
• Consistency with the Porterville 2030 General Plan: Land uses reflect the required land use mix in the General Plan Land Use Diagram as amended. Amendments maintain consistency with the General Plan. The mix of land uses that are proposed are provided at densities and intensities that are consistent with the General Plan. • Residential Uses: Residential uses are provided at densities consistent with the proposed General Plan designations for the Plan Area. The proposed mix of land uses allows for a minimum of 20% of units to be small-lot, detached homes, townhouse, or multi-family units within walking distance of the neighborhood center. • Public Parks: The Plan Area will accommodate a minimum of 112.47 acres of open space concentrated along the Tule River, which would be accessible to future homes in the Plan Area.

Additional pocket and neighborhood parks could be provided as residential development occurs. Future development may require Item No. 17.
dedicating parkland per Quimby Act requirements.
• Non-Residential Uses: At least four (4) percent of land area is designated for non-residential uses, including public and semipublic uses and neighborhood-serving commercial uses. • Neighborhood Centers: The Plan Area includes a defined, centrally located, neighborhood center composed of a mix of retail, civic, and service-oriented uses, in addition to a dedicated future school site. • Park Design: The Master Plan Park and Open Space Plan establishes requirements, classifications, and goals and policies to ensure future development meets minimum park size, park frontage and
accessibility, landscaped area, and detention basin requirements. • Street/Transportation System Requirements: The Master Plan Circulation Element establishes policies related to continuous street system, connection to adjacent areas, dead-end streets, intersections, maximum block length, sidewalks, pedestrian and bicycle paths, traffic calming, and street trees. The Master Plan Circulation Map also proposes include two (2) collectors, A Street and B Street, to improve connectivity of the Plan Area to Westwood Street and Newcomb Street as shown in the General Plan Maps.
• Variety in Housing Design: The Master Plan Land Use Element establishes a policy requiring variety in housing design, including characteristics such as building envelope, front porch, window pattern, or roof shape.

GENERAL PLAN CONSISTENCY: The Porterville 2030 General Plan provides the framework to guide future land use development in the City of Porterville. It addresses state-mandated topics, or elements, that have legal standing and provides the foundation and vision for how a community will grow. The elements in the 2030 Porterville General Plan include Land Use, Economic Development, Circulation, Parks/Schools/Community Facilities, Open Space and Conservation, Public Health & Safety, Public Utilities, and Noise.

The intent of the Master Plan is to build upon and compliment several guiding land use policies of the Porterville 2030 General Plan including:
• Policy LU-G-1: Promote a sustainable, balanced land use pattern that responds to existing needs and future needs of the City. • Policy LU-G-9: Provide sufficient land with appropriate parcel sizes to support a full range of housing types and prices. • Policy LU-G-10: Foster viable, pedestrian-oriented neighborhood centers with vertically and horizontally mixed-use development.

The proposed Master Plan would help facilitate future development of the Plan area with residential, employment, and public uses. Future residential development will provide needed housing in conformance with the City’s General Plan Land Use and Housing Elements, as well as help meet the Item No. 17.

City’s Regional Housing Needs Allocation.

ENVIRONMENTAL
REVIEW:

The proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The City prepared an Environmental Impact Report EIR (SCH #2024030738). Key components of the requested action related to the environmental review include the following.

ENVIRONMENTAL IMPACT REPORT: An EIR is the highest level of environmental review under CEQA, which describes and analyzes the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The term “EIR” may mean either a draft or a final EIR, depending on the context. As further described in EIR & MMRP, the Final EIR consists of the Draft EIR plus the Response to Comments document, in which the City must address all comments received and propose changes to the Draft EIR if needed.

RESPONSE TO COMMENT: This document provides responses to comments received on the Draft EIR and revises the Draft EIR, as necessary, in response to those comments or to make clarifications in the Draft EIR. This document, together with the Draft EIR, constitutes the Final EIR for the proposed project. Four (4) comment letters were received, and the letters and responses are contained in the response to comment (RTC), which is provided in the Final EIR (EIR & MMRP).

MITIGATION MONITORING AND REPORTING PROGRAM: The
MMRP contains a table with the required mitigation measures, the responsible party or parties for implementing the measure, and the timing of implementation. The MMRP is contained in the EIR & MMRP.

FINDINGS OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATIONS: When an EIR has been certified that identifies one or more significant environmental impacts, the approving agency must make one or more findings, accompanied by a brief explanation of the rationale, pursuant to CEQA Guidelines Section 15091, for each identified significant impact, refer to the Findings of Fact and Statement of Overriding Considerations.

CERTIFICATION OF THE EIR: The City Council will hold a public hearing to consider the adequacy and completeness of the EIR under CEQA and will make a determination regarding certifying the EIR and adopting the necessary Findings of Fact and Statement of Overriding Considerations.

The City Council will consider adopting a resolution regarding its determination of the proposed project (EIR SCH# 2024030738).

EIR PROCESS/PUBLIC INPUT AND NOTICING: The City, as the lead agency under CEQA, has engaged in extensive public input and noticing including:

1. Notice of Preparation and Scoping Meeting: The environmental Item No. 17.
review process began with a brief notice, “Notice of Preparation” or “NOP”, sent by the City to notify the responsible agencies, trustee agencies, the Office of Planning and Research, and the public that the City plans to prepare an EIR for the proposed Project. The purpose of the NOP was to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. The NOP was distributed on March 20, 2024, to responsible agencies, trustee agencies, the Office of Planning and Research, and private organizations and individuals that may have interest in the Project. The NOP was made available at Porterville City Hall and online. Responses to the NOP have been incorporated into the Draft EIR. A public scoping meeting was held virtually on April 3, 2024, at 5:30 pm. Zero (0) members of the public attended the scoping meeting.

2. Draft EIR: The Draft EIR (“DEIR”) was circulated for a forty-fiveday (45) public review and comment period commencing on July 26, 2024, a copy of the DEIR was circulated through the State Clearinghouse (SCH #2024030738), posted on the City’s website, and was available at the Porterville City Hall.

3. Final EIR/Response to Comments: The Final EIR (“FEIR”) consists of the DEIR plus the Response to Comments document in which the City must address all comments and possibly propose changes to the DEIR, if needed. After the close of the public review period for the DEIR, the City prepared formal responses to the written comments received. CEQA Guidelines, Section 15088(b), requires the City’s responses to comments to be provided to commenting public agencies ten (10) days prior to final certification of the FEIR. As noted above, four (4) comment letters were received, and the letters are contained in the Response to Comments, which are provided in the FEIR.

STATEMENT OF OVERRIDING CONSIDERATIONS: As detailed in the EIR, there are some significant and unavoidable impacts associated with this project related to certain components of air quality. In this regard, CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (CEQA Guidelines Section 15093[a]). CEQA requires the lead agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (CEQA Guidelines Section 15093[b]). The agency's statement is referred to as a Statement of Overriding Considerations, and would be recommended as part of the approval of the resolution. Refer to Findings of Fact and Statement of Overriding Considerations.

TRIBAL CONSULTATION: Prior to approval of any amendment to a Item No. 17.

General Plan, Government Code Section 65352.2 requires that the City notify any California Native American Tribe identified by the California Native American Heritage Commission (NAHC) as having a historical or cultural affiliation with the area and provides those tribes 90 days to comment on the proposal. Following receipt of a tribal contact list from the NAHC, the City notified five tribal contacts about the project on March 31, 2023. Comment from the Tule River Tribe was received on April 27, 2023, requesting continued consultation.

PUBLIC NOTICE: Public notice of this hearing was provided in accordance with Government Code Sections 65090 and 65091 and Development Ordinance, Article 604.3(b). The procedures prescribed therein are the standard for hearings involving amendments to the General Plan or zoning and for conditional use permits.

RECOMMENDATION: That the City Council:

1. Hold the public hearing to receive comments on the South of Tule River District Master Plan project, and then:

2. Adopt the Draft Resolution to adopt the findings required by CEQA, certify the EIR, adopt the Mitigation
Monitoring and Reporting Program, and adopt a
Statement of Overriding Considerations; and

3. Adopt the Draft Resolution to approve General Plan
Amendment 2024-002; and

4. Introduce by title only an Ordinance to amend the Zoning Map to rezone the SoTu Master Plan Area; and

5. Adopt the Draft Resolution to approve Master Plan 2024- 001, adopting the South of Tule River District Master
Plan.

ATTACHMENTS: 1. Regional Location Map

2. APN Map

3. Aerial Map

4. Draft Resolution - EIRSCH #2024030738

5. EIR & MMRP

6. Findings of Fact and Statement of Overriding
Considerations

7. General Plan Maps

8. Draft Resolution - General Plan Amendment 2024-002n

9. Zoning Maps

10. Draft Ordinance - Rezone 2024-001

11. SoTu Master Plan

12. Draft Resolution - Master Plan 2024-001
Item No. 17.

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager

REGIONAL LOCATION MAP

APN MAP

AERIAL MAP

Page 1 of 5 ends

RESOLUTION NO.__2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE TO 1)

ADOPT THE FINDINGS REQUIRED BY CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15091;2) CERTIFY THE FOCUSED ENVIRONMENTAL IMPACT REPORT (SCH #2024030738) FOR THE PROPOSED SOTU MASTER PLAN;3) ADOPT THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM AND 4) ADOPT A STATEMENT OF OVERRIDING

CONSIDERATIONS PURSUANT TO CEQA
WHEREAS: the City of Porterville has initiated the project known as the South of Tule River District Master Plan (“SoTu Master Plan”), a master plan, located on approximately 447.30 acres and 19 parcels (APNs 259-150-001, 259-030-011, -031, 259- 270-004, 259-040-041, -044, -028, -027, -026, -025, -043, -042, -045, -046, -010, -039, 259-320-001, -002, and 259-370-058) directly southwest of city limits generally bound to the north by the Tule River, to the south by State Route 190, to the east by State Route 65, and to the west by Westwood Street (“Plan Area”); and WHEREAS: approval of the master plan would require approval of General Plan Amendment 2024-002, Rezone 2024-001, and Master Plan 2024-001 (adopting the Master Plan); and
WHEREAS: pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project, including the General Plan Amendment, Rezone, and Master Plan, and has prepared an Environmental Impact Report (SCH #2024030738) (as further defined below, the “EIR”) in order to evaluate the proposed Project; and WHEREAS: in compliance with CEQA Section 21080.4, a Notice of Preparation (“NOP”) was prepared by the City and distributed for public comment to the State Clearinghouse, Office of Planning and Research, responsible agencies, and other interested parties for a 30-day public review and comment period commencing on March 20, 2024, after which a public scoping meeting was held during the NOP review period on April 3, 2024; and,
WHEREAS: the Draft EIR (“DEIR”) was circulated for a 45-day public review and comment period commencing on July 26, 2024, a copy of the Draft EIR (DEIR) was circulated through the State Clearinghouse (SCH #2024030738), posted on the City’s website, and was available at the Porterville City Hall; and WHEREAS: the public review period for the DEIR ended on September 9, 2024; and
Resolution No. ____2024

Page 2 of 5 ends

WHEREAS: a Final EIR (FEIR) was prepared on the proposed Project consistent with CEQA Guidelines Section 15088(b), which addressed comments received on the DEIR, responses to those comments, as well as any appropriate revisions and clarifications to the DEIR; and
WHEREAS: the City of Porterville published a legal notice in compliance with State law concerning City Council consideration of the EIR in the local newspaper of general circulation, which included the date and time of the City Council consideration of certification of the EIR. In addition, a public hearing notice was mailed to each property owner within at least 300 feet of the Plan Area, as well as to all property owners within the Plan Area, indicating the date and time of the public hearing regarding the proposed Project (including the EIR) in accordance with State law; and WHEREAS: on October 1, 2024, the City Council conducted a duly noticed public hearing on the EIR as defined below, at which time it received input from City Staff; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council, after which public testimony was closed; and WHEREAS: the City Council has reviewed the EIR and all associated documents prepared for the project, the staff reports pertaining to the EIR, and all of the evidence received by the City Council; and
WHEREAS: Section 21000 of the Public Resources Code and Section 15000 et. seq. of Title 14 of the California Code of Regulations (“CEQA Guidelines”) which govern the preparation, content, and processing of EIRs, have been fully implemented in the preparation of the EIR; and
WHEREAS: the EIR identified certain significant and potentially significant adverse effects on the environment caused by the Master Plan; and WHEREAS: the City Council declares that, despite the occurrence of significant environmental effects that cannot be substantially lessened or avoided through adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, technical, and other considerations for approving the project that the Council believes justify the occurrence of those impacts; and WHEREAS: CEQA Guidelines Section 15043 affirms the City Council’s authority to approve a project even though it may cause significant effects on the environment so long as the Council makes a fully informed and publicly disclosed decision that there is no feasible way to lessen or avoid the significant effects (CEQA Guidelines Section 15091) and that there are specifically identified expected benefits from the project that outweigh the policy of reducing or avoiding significant environmental impacts of the project (CEQA Guidelines Section 15093); and
Resolution No. ____2024

Page 3 of 5 ends

WHEREAS: after deliberation and consideration of all relevant items, the City Council desires to (1) adopt the findings required by CEQA Guidelines, section 15091; (2) certify the EIR; (3) adopt the proposed mitigation monitoring and reporting program (“MMRP”), and (4) adopt a statement of overriding considerations, pursuant to CEQA; and
WHEREAS: all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Porterville resolves as follows:

1. Recitals. The City Council hereby specifically finds that all the facts set forth in the recitals above are true and correct and incorporated herein.

2. EIR Contents. The EIR consists of the Final EIR including any attached appendices, the Draft EIR including attached appendices, the Notice of Preparation and comments received in response to the Notice of Preparation, the Mitigation Monitoring and Reporting Program, additions and corrections in the remaining portions of the Draft EIR that have been made pursuant to public comments and Draft EIR review including all appendices attached thereto, comments received on the Draft EIR with responses to each of the comments made, the Notice of Completion and Notice of Availability of the Draft EIR for public review, and any other information added by the Lead Agency, all hereafter collectively referred to as the “EIR” and attached hereto as Exhibit A of this Resolution.

3. Accompanying Documents to the EIR. Documents that shall accompany and be part of the EIR are the Mitigation Monitoring and Reporting Program (Exhibit A) and Findings of Fact and Statement of Overriding Considerations (Exhibit B).

4. Certification of Compliance with CEQA. The City Council does hereby find that the EIR (Exhibit A), the Mitigation Monitoring and Reporting Program (Exhibit A), and Findings of Fact and Statement of Overriding Considerations (Exhibit B) have been prepared in accordance with the requirements of CEQA.

5. CEQA Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations.
a. Adopt Findings of Fact. The City Council approves, accepts as its own, incorporates as if set forth in full herein, and makes each and every one of the findings contained in the Findings of Fact (Exhibit B).

Resolution No. ____2024

Page 4 of 5 ends

b. Certify Environmental Impact Report. The City Council certifies that 1) the EIR has been completed in accordance with CEQA, 2) the City Council reviewed and considered information contained in the EIR prior to approving the project, and 3) the EIR reflects the City Council’s independent judgment and analysis. c. Feasible and Binding Effect of Mitigation Monitoring and Reporting Program.

The City Council finds that the mitigation measures described and specifically identified in the attached Mitigation Monitoring and Reporting Program are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program. d. Adopt Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures, certain significant or potentially significant environmental effects caused by the proposed modified Project directly, or cumulatively, will remain. The proposed Project has been carefully reviewed and the policies included in the proposed Project along with the mitigation measures identified in the EIR have avoided or substantially lessened several environmental impacts, to the extent feasible. Nonetheless, the proposed Project may have certain environmental effects which cannot be avoided or substantially lessened. The City has carefully considered all the environmental impacts that have not been mitigated to an insignificant level. Therefore, the City Council issues and approves the attached Statement of Overriding Considerations which identifies the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable.
e. Adopt Mitigation Monitoring and Reporting Program. The City Council adopts the Mitigation Monitoring and Reporting Program. The City Council finds that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the City and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program.
/ / /
/ / /
/ / /
Resolution No. ____2024

Page 5 of 5 ends

PASSED, APPROVED, AND ADOPTED this October 1st, 2024.
_____________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: ______________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

FINAL EIR
SEPTEMBER 2024
South of Tule River Master Plan

FINAL ENVIRONMENTAL IMPACT REPORT
(SCH # 202403738)
SEPTEMBER 2024
City of Porterville
Community Development Department
291 N. Main Street
Porterville, CA 93257

FINAL EIR
SEPTEMBER 2024
Table of Contents
1 INTRODUCTION .....................................................................................................................................3

1.1 Purpose of the Final EIR ...............................................................................................................3

1.2 CEQA Requirements.....................................................................................................................3

1.3 Environmental Review Process.....................................................................................................3

1.3.1 Notice of Preparation...............................................................................................................3

1.3.2 Draft EIR...................................................................................................................................4

1.4 Use of the Final EIR ......................................................................................................................4

1.5 Organization of Document...........................................................................................................5 2 DRAFT EIR COMMENTERS .....................................................................................................................6

2.1 Organization of Comment Letters and Responses........................................................................6

2.2 List of Commenters......................................................................................................................6 3 DRAFT EIR COMMENTS AND RESPONSES.............................................................................................. 7 4 FEIR REVISIONS TO THE DEIR...............................................................................................................19

2.11 Other Public Agencies Whose Approval is Required .....................................................................19

4.4 BIOLOGICAL RESOURCES.................................................................................................................19 5 MITIGATION MONITORING AND REPORTING PROGRAM ....................................................................22 6 ATTACHMENTS TO THE FINAL EIR........................................................................................................43 City of Porterville-South of Tule River Master Plan | 3 1 INTRODUCTION

1.1 Purpose of the Final EIR
This Final Environmental Impact Report (Final EIR) has been prepared to respond to comments received during the public review period for the Draft Environmental Impact Report (Draft EIR) prepared for the City of Porterville’s South of the Tule River (“SoTu”) Master Plan.

The Draft EIR is an informational document intended to disclose to the decision makers of the City of Porterville (“City”) and the public the environmental consequences of approving and implementing the SoTu Master Plan or one of the alternatives to the Project, which are described in the Draft EIR.

The Final EIR contains the public and agency comments received on the Draft EIR. The responses in the Final EIR clarify, correct, and/or amplify text in the Draft EIR. Also included in the Final EIR are minor text changes made at the initiative of the City (the Lead Agency) and in response to comments. The Final EIR was prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code 21000-21177).

1.2 CEQA Requirements
Under CEQA, the Lead Agency must prepare and certify a Final EIR prior to a proposed project being approved. The contents of a Final EIR are specified in CEQA Guidelines Section 15132, which states that a Final EIR must consist of the following:

1. The Draft EIR or a revision of the Draft EIR

2. Comments and recommendations received on the Draft EIR either verbatim or in summary

3. A list of persons, organizations, and public agencies commenting on the Draft EIR

4. The responses of the Lead Agency to significant environmental points raised in the review and consultation process

5. Any other information added by the Lead Agency
The Lead Agency must provide each agency that commented on the Draft EIR with a copy of the Lead Agency’s response to such comments a minimum of 10 days before certifying the Final EIR.

Consistent with CEQA Guidelines Section 15132, the Final EIR incorporates the following documents and information by reference:
• The Draft EIR and its appendices.
• The Notice of Preparation and Comments on the NOP.
• The Notice of Completion and Notice of Availability of the Draft EIR. • Any other information added by the Lead Agency.

1.3 Environmental Review Process

1.3.1 Notice of Preparation
In accordance with CEQA, the City released a Notice of Preparation (NOP) on March 20, 2024, for a review period that closed on April 19, 2024. The purpose of the NOP was to provide notification that an EIR for the proposed Project was being prepared and to solicit guidance on the scope and content of the document.

The City received three (3) comment letters during the NOP review period. NOP letters were received from:

City of Porterville-South of Tule River Master Plan | 4 • California Department of Conservation - Division of Land Resource Protection (April 12, 2024):
providing general comments and recommendations regarding mitigating agricultural land loss or conversion
• California Department of Transportation – Aeronautics Program (April 18, 2024): Providing general comments and recommendations regarding the portions of the Project site identified as being with the Tulare County Comprehensive Airport Land Use Plan (CALUP). • Native American Heritage Commission (March 21, 2024): Provided applicable tribal consultation guidelines and requirements associated with the Project.

1.3.2 Draft EIR
The Draft EIR was properly noticed and circulated for public review and comment for 45 days, from July 26, 2024, to September 9, 2024. The Notice of Availability was published on July 26, 2024. The Draft EIR and appendices were sent to the State Clearinghouse for distribution. Copies of the Draft EIR were made available on the City’s website and at City Hall. The webpage is located at, www.ci.porterville.ca.us/departments/community_development/planning.php.

All written comments received during the 45-day public review period (July 26, 2024 to September 9, 2024) of the Draft EIR are addressed in this Final EIR. The City received four (4) comment letters. Copies of comments received are included in Chapter 3 of this Final EIR, with responses shown after each letter. The full letters are provided in the Appendix. The comments and responses that make up the Final EIR, in combination with the Draft EIR constitute the EIR that will be considered for certification by the decision makers of the City of Porterville.

1.4 Use of the Final EIR
The Final EIR allows the public and the City an opportunity to review revisions to the Draft EIR and the responses to comments received during the Draft EIRs public review period. The Final EIR serves as the environmental document to inform the City of the environmental consequences of the proposed project, either in whole or in part, or one of the alternatives to the project discussed in the Draft EIR.

As required by CEQA Guidelines Sections 15090(a)(1)-(3), a Lead Agency, in certifying a Final EIR, must make the following three determinations:

1. The Final EIR has been completed in compliance with CEQA.

2. The Final EIR was presented to the decision-making body of the Lead Agency, and the decisionmaking body reviewed and considered the information in the Final EIR prior to approving the project.

3. The Final EIR reflects the Lead Agency’s independent judgement and analysis.

As required by CEQA Guidelines Section 15091, a public agency cannot approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings (Findings of Fact) for each of those significant effects, accompanied by a brief explanation of the rationale to reach findings supported by substantial evidence in the record. The possible findings are as follows:

City of Porterville-South of Tule River Master Plan | 5

1. Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Additionally, pursuant to CEQA Guidelines Section 15093(b), when a Lead Agency approves a project that would result in significant unavoidable impacts that are disclosed in the Final EIR, the agency must state in writing the reasons supporting the approval. The Statement of Overriding Considerations must be supported by substantial evidence in the Lead Agency’s administrative record.

If the City approves the project, and as part of that action adopts mitigation measures, the City will also adopt a Mitigation Monitoring and Reporting Program (see Public Resources Code Section 21081.6).

1.5 Organization of Document
The Final EIR contains the following chapters:
• Chapter 1: Introduction
• Chapter 2: Draft EIR Commenters
• Chapter 3: Comments and Responses
• Chapter 4: Draft EIR Text Revisions
• Chapter 5: Mitigation Monitoring and Reporting Program • Chapter 6: Attachments to the Final EIR
City of Porterville-South of Tule River Master Plan | 6 2 DRAFT EIR COMMENTERS

2.1 Organization of Comment Letters and Responses
A response to comments received during the 45-day public review period on the Draft EIR is contained in Chapter 3. Comment letters are provided in the Appendix. Comments are organized in alphabetical order and numbered consecutively and hyphenated (e.g., 1-, 2-, 3-), with each individual comment numbered consecutively after the hyphen (e.g., 1-1, 1-2).

2.2 List of Commenters
The list of agencies, organizations, and interested parties that commented on the Draft EIR within the 45- day public review period are listed below.

No. Person, Firm, or Agency (A-Z) Letter Dated
1 California Department of Fish and Wildlife September 9, 2024 2 California Department of Toxic Substances Control August 9, 2024 3 California Department of Transportation, Division of Aeronautics September 9, 2024 4 Central Valley Flood Protection Board September 9, 2024 City of Porterville-South of Tule River Master Plan | 7 3 DRAFT EIR COMMENTS AND RESPONSES
In accordance with CEQA Guidelines Section 15088, the Final EIR contains written responses to comments on the environmental issues received during the public review period of the Draft EIR. The table on the following page includes all CEQA-related comments received on the Draft EIR and a response to each comment. The text of each comment has been provided in Table 1. The comment letters in their entirety are provided in the Appendix. Text revisions to the Draft EIR are summarized in Chapter 4.

City of Porterville-South of Tule River Master Plan | 8 Table 1. Draft EIR Comments and Responses
Letter/Comment No. Comment Response
1 - California Department of Fish and Wildlife
1-1 The California Department of Fish and Wildlife (CDFW) received a focused DEIR from the City of Porterville for the above-referenced Plan pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.

This comment introduces the comment
letter and does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation or additional information
relevant to environmental issues. Further
response is not necessary.
1-2 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Plan that may affect California fish and wildlife. Likewise, CDFW appreciates the opportunity to provide comments regarding those aspects of the Plan that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

This comment describes the review authority
of CDFW and does not address the adequacy
or completeness of the Draft EIR, does not
raise environmental issues, and does not
request the incorporation or additional
information relevant to environmental
issues. Further response is not necessary.
1-3 After reviewing the provided focused DEIR and associated Initial Study (IS), CDFW has determined that the survey recommendations and mitigation measures proposed are sufficient to identify and/or mitigate for impacts to fish and wildlife (biological) resources. As such, CDFW recommends that the biological resource survey and mitigation measures in the IS and Table 1-2 of the DEIR be included within the Final Environmental Impact Report (FEIR) for the Plan. Please note that changes to the Plan and/or Plan description and/or modification of the measures proposed in the focused DEIR may necessitate the need to include additional measures to identify and mitigate for potential impacts to biological resources.

This comment provides a determination by
CDFW that the survey recommendations and
mitigation measures are sufficient to identify
and/or mitigate impacts to biological
resources. In this comment, CDFW
recommends that the biological survey,
mitigation measures, and Table 1-2 of the
DEIR be included in the Final EIR, and
specifies that any changes to the Plan,
project description, or mitigation measures
may necessitate the need to include
additional measures. No changes have been
City of Porterville-South of Tule River Master Plan | 9 made to the Plan, project description, or
mitigation measures. The biological survey,
mitigation measures, and Table 1-2 of the
DEIR are included in the Final EIR.
1-4 CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database, which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to CNDDB at the following email address: [email protected]. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

This comment provides information related
to reporting requirements and requests that
any species detected during surveys are
reported accordingly. The Mitigation
Monitoring and Reporting Program contains
mitigation measures requiring protocol-level
surveys. However, to ensure that specialstatus species and natural communities that are detected through the surveys are
reported to the CNNDB, Mitigation Measure
BIO-1, BIO-2, BIO-3, and BIO-4 have been
edited to include the following statement,
“Any special-status species and natural
communities detected during surveys shall
be reported to the California Natural
Diversity Database (CNDBB) using the field
survey form or mailed electronically.”
Compliance with these mitigation measures
will be verified by the City. This revision does
not constitute a substantial revision. No new,
avoidable significant effect is identified, and
no mitigation measures or project revisions
are added to reduce the effect to
insignificance.
1-5 If it is determined that the Plan has the potential to impact biological resources, an assessment of filing fees is necessary. Fees are payable This comment provides information related
to the filing fee requirement. This
City of Porterville-South of Tule River Master Plan | 10 upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G.

Code, § 711.4; Pub. Resources Code, § 21089).
requirement will be met by the Lead Agency.

This comment does not address the
adequacy or completeness of the Draft EIR,
does not raise environmental issues, and
does not request the incorporation of
additional information relevant to
environmental issues.
1-6 CDFW appreciates the opportunity to comment on the DEIR to assist the City of Porterville in identifying and mitigating Plan impacts on biological resources. More information on survey and monitoring protocols for sensitive species can be found at CDFW’s website
(https://www.wildlife.ca.gov/Conservation/Survey-Protocols). If you have any questions regarding this letter or need further coordination, please contact Marile Colindres, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 974-3452, or by electronic mail at [email protected].

This comment provides a closing to the
comment letter and describes where more
information can be found. This comment
does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation of additional information
relevant to environmental issues. Further
response is not necessary.
2 - California Department of Toxic Substances Control
2-1 The Department of Toxic Substances Control (DTSC) received a Draft Environmental Impact Report (DEIR) for the South of Tule River Master Plan (SoTu MP). The proposed SoTu MP and the associated entitlements, including General Plan Amendment (GPA) No. 2024001, and Prezone/Rezone (RZ) No. 2024001, and Master Plan No. 202401, is filed by the City of Porterville (Applicant) and pertains to 19 parcels that are located directly southwest of the city limits of the City of Porterville. The SoTu MP site is bound to the north by the Tule River, to the south by State Route 190, to the east by State Route 65, and to the west by Westwood Street The site totals approximately 447.30 gross acres. GPA No. 2024001 requests amendment of the existing land use designations to the mix of 10 different land uses proposed in the SoTu MP. RZ No. 2024001 requests a rezone from the existing zoning districts to zoning districts that are This comment introduces the comment
letter and provides a project description. This
comment does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation or additional information
relevant to environmental issues. Further
response is not necessary.

City of Porterville-South of Tule River Master Plan | 11 consistent with the proposed land use designation. No physical development is proposed.
2-2 DTSC recommends and requests consideration of the following comments:

When agricultural crops and/or land uses are proposed or rezoned for residential use, a number of contaminants of concern (COCs) can be present. The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are
dichlorodiphenyltrichloroethane, toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSC SLs approved thresholds.

If they are not, remedial action must take place to mitigate them below those thresholds.

This comment provides a request to the City
of Porterville to consider the presence of
contaminants of concern for agricultural
crops and/or land uses, when residential
uses are proposed. The Porterville General
Plan includes an implementing policy (Policy
PHS-I-23) that requires applicants to perform
comprehensive soil and groundwater
contamination assessments in accordance
with regulatory agency testing standards and
if contamination exceeds regulatory action
levels, project applicants are required to take
remediation procedures under the
supervision of appropriate agencies
including DTSC. This policy is included in the
IS. Because this issue is addressed at the
policy level in the General Plan, which future
projects are required to comply with,
revisions to the Draft EIR and ISMND are not
necessary.
2-3 Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons maybe required.

This comment provides a request to the City
of Porterville to consider the presence of
additional contaminants of concern for
specific areas. The Porterville General Plan
includes an implementing policy (Policy PHSI-23) that requires applicants to perform comprehensive soil and groundwater
contamination assessments in accordance
City of Porterville-South of Tule River Master Plan | 12 with regulatory agency testing standards and
if contamination exceeds regulatory action
levels, project applicants are required to take
remediation procedures under the
supervision of appropriate agencies
including DTSC. This policy is included in the
IS. Because this issue is addressed at the
policy level in the General Plan, which future
projects are required to comply with,
revisions to the Draft EIR and IS are not
necessary.
2-4 DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual. Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use.

The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

This comment provides a recommendation
that imported soil and fill material be tested
to assess contaminants of concern in
accordance with DTSC’s guidance materials.

The SoTu Master Plan includes a
development requirement conditioned
during planning entitlements that
implements Policy PHS-I-23 and requires
applicants to verify through documentation
that the fill source is appropriate and/or has
been analyzed for potential contaminants of
concern in accordance with DTSC’s PEA
Guidance Manual. Because this issue is
addressed at the policy level in the Master
Plan, which future projects are required to
comply with, further revisions to the Draft
EIR and ISMND are not necessary.
2-5 DTSC appreciates the opportunity to comment on the DIER for the South of Tule River Master Plan. Thank you for your assistance in protecting This comment provides a closing to the
comment letter and describes where more
City of Porterville-South of Tule River Master Plan | 13 California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.
information can be found. This comment
does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation of additional information
relevant to environmental issues. Further
response is not necessary.
3 - California Department of Transportation, Division of Aeronautics 3-1 The California Department of Transportation (Caltrans), Division of Aeronautics (Division), has reviewed the Draft Environmental Impact Report (EIR) for the South of Tule River Master Plan (Project). The Division of Aeronautics collaborates with cities, counties, and Airport Land Use Commissions (ALUC) to ensure compliance with the State Aeronautics Act (California Public Utilities Code Section 21001 et seq.). We appreciate the opportunity to participate in the EIR review process.

This comment introduces the comment
letter and the authority of the Division of
Aeronautics and does not address the
adequacy or completeness of the Draft EIR,
does not raise environmental issues, and
does not request the incorporation or
additional information relevant to
environmental issues. Further response is
not necessary.
3-2 The City of Porterville is proposing a master plan, titled the South of Tule River (SoTu) Master Plan, on approximately 447.30 acres adjacent to City limits to facilitate future growth. The Porterville Municipal Airport is located approximately 1.1 miles south of the Project site.

This comment introduces the project, project
area, and location of the Porterville
Municipal Airport. This comment does not
address the adequacy or completeness of
the Draft EIR, does not raise environmental
issues, and does not request the
incorporation or additional information
relevant to environmental issues. Further
response is not necessary.
3-3 The Project site lies entirely within the Airport Influence Area of the Porterville Municipal Airport, with a portion of the southwest corner of the Project site located within Safety Zone 6 (Traffic Pattern Zone).

Therefore, it must adhere to the safety criteria and restrictions outlined This comment explains where the Project
site is in relation to the Airport Influence Area
of the Porterville Municipal Airport and the
applicable requirements and authority of the
City of Porterville-South of Tule River Master Plan | 14 in the 2012 Tulare County Comprehensive Airport Land Use Plan (ALUCP), adopted by the ALUC pursuant to the PUC, Section 21674. The ALUCP is crucial for minimizing noise nuisance and safety hazards around airports while promoting orderly development. The ALUC is responsible for assessing potential risks to aircraft, airspace users, and people on the ground near the airport.

Tulare County Comprehensive Airport Land
Use Plan. This comment does not address
the adequacy or completeness of the Draft
EIR, does not raise environmental issues, and
does not request the incorporation or
additional information relevant to
environmental issues. Further response is
not necessary.
3-4 In accordance with PUC Section 21676 et seq., prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the ALUC, the local agency shall first refer the proposed action to the ALUC.

This comment explains the requirements for
referral of a project to the ALUC. Through the
process of developing the Master Plan,
Tulare County and the ALUC have been
consulted with to ensure consistency and
compliance with the 2012 Tulare County
Comprehensive Airport Land Use Plan. The
Master Plan has been deemed consistent
with the Plan. Therefore, revisions and
further response are not necessary.
3-5 Compatibility concerns regarding airport obstructions and hazards to flight (such as wildlife attractants, lighting, or glare i.e., solar, etc.) should also be considered for further review upon site specific updates or projects. Proposed structures that exceed FAA Regulations Part 77 height criteria are subject to an Obstruction Evaluation/Airspace Analysis for determination. Please refer to the FAA website
(https://oeaaa.faa.gov/oeaaa/external/portal.jsp) for further information or a copy of the form.

This comment explains compatibility
concerns with FAA height regulations. The
Master Plan does not propose or approve
development. Future development
proposed within the AIA would be required
to be reviewed for consistency with the
Tulare County Comprehensive Airport Land
Use Plan criteria, such as FAA Regulations
Part 77. Therefore, revisions and further
response are not necessary.
3-6 Thank you for the opportunity to review and comment. If you have any questions, please contact me by email at [email protected].

This comment provides a close to the
comment letter. This comment does not
City of Porterville-South of Tule River Master Plan | 15 address the adequacy or completeness of
the Draft EIR, does not raise environmental
issues, and does not request the
incorporation of additional information
relevant to environmental issues. Further
response is not necessary.
4 – Central Valley Flood Protection Board
4-1 The Central Valley Flood Protection Board (Board) appreciates the opportunity to comment on the Draft Environmental Impact Report (DEIR) for the proposed South of Tule River Master Plan (proposed project).

The proposed project area, referred to as SoTu Master Plan Area in the DEIR, encompasses a portion of the Tule River, a regulated stream and designated floodway that is within the Board’s permitting authority. Thus, an encroachment permit may be required for individual projects within or adjacent to the Tule River and Tule River designated floodway.

This comment introduces the project area
and regulatory authority of the CVFPC
related to an encroachment permit. This
comment does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation or additional information
relevant to environmental issues. Further
response is not necessary.

Section 2.11 of the Draft EIR lists potential approvals from other agencies for future redevelopment of the project site. Board staff recommend including an encroachment permit from the Board in this list. Board permit information is available on the Permitting at the Central Valley Flood Protection Board website.

This comment recommends that Section

2.11 of the Draft EIR be modified to include
an encroachment permit from the CVFPC.

Through the Final EIR, revisions have been
made to the Draft EIR to include an
encroachment permit in Section 2.11.

City of Porterville-South of Tule River Master Plan | 16 California Code of Regulations, Title 23 provides standards that govern the design and construction of projects that affect the flood control works and floodways. Board staff recommends that you review Title 23 Standards, including Sections 112 (Streams Regulated and Nonpermissible Work Periods), 116 (Borrow and Excavation Activities – Land and Channel), 121 (Erosion Control), 122 (Irrigation and Drainage Ditches, Tile Drains, and Septic Systems), 123 (Pipelines, Conduits, and Utility Lines), 124 (Abandoned Pipelines and Conduits), 128 (Bridges), 129 (Water, Oil, and Gas Wells), 131 (Vegetation), and 132 (Bicycle Trails).

Any deviation or variation from these standards will require approval from the Board.

This comment describes board approval of
encroachment permits per the California
Code of Regulations and recommends that
the Lead Agency review these standards. This
comment does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation or additional information
relevant to environmental issues. Further
response is not necessary.

The Board is the State’s regulatory agency responsible for enforcing appropriate standards for the construction, maintenance, and operation of the flood control system that protects life, property, and habitat in California’s Central Valley. The Board serves as the State coordinator between local flood management agencies and the federal government, with the goal of providing the highest level of flood protection possible to California’s Central Valley. The Board operates under authorities as described in California Water Code (Water Code), which requires the Board to oversee future modifications or additions to facilities of the State Plan of Flood Control (SPFC).

This comment describes the responsibility of
the CVFPC. This comment does not address
the adequacy or completeness of the Draft
EIR, does not raise environmental issues, and
does not request the incorporation or
additional information relevant to
environmental issues. Further response is
not necessary.

Per California Code of Regulations, Title 23, Waters, Division 1 (Title 23), Section 6, approval by the Board is required for all proposed work or uses, including the alteration of levees within any area for which there is an Adopted Plan of Flood Control within the Board’s jurisdiction. In addition, Board approval is required for all proposed encroachments within a floodway, on adjacent levees, and within any Regulated Stream identified in Title 23, Table 8.1. Specifically, Board jurisdiction includes the levee section, the waterward area between project levees, a minimum 10-footwide strip adjacent to the landward levee toe, the area within 30 feet This comment describes the responsibility of
the CVFPC as it relates to encroachment
permits. This comment does not address the
adequacy or completeness of the Draft EIR,
does not raise environmental issues, and
does not request the incorporation or
additional information relevant to
environmental issues. Further response is
not necessary.

City of Porterville-South of Tule River Master Plan | 17 from the top of bank(s) of Regulated Streams, and inside Board’s Designated Floodways. Activities outside of these limits which could adversely affect Federal-State flood control facilities, as determined by Board staff, are also under the Board’s jurisdiction. Permits may also be required for existing unpermitted encroachments or where it is necessary to establish the conditions normally imposed by permitting, including where responsibility for the encroachment has not been clearly established or ownership or uses have been changed.

Pursuant to Section 15 of Title 23, the Board may deny an encroachment permit if the proposed project could:
• Jeopardize directly or indirectly the physical integrity of levees or other works
• Obstruct, divert, redirect, or raise the surface level of design floods or flows, or the lesser flows for which protection is provided • Cause significant adverse changes in water velocity or flow regimen • Impair the inspection of floodways or project works
• Interfere with the maintenance of floodways or project works • Interfere with the ability to engage in flood fighting, patrolling, or other flood emergency activities
• Increase the damaging effects of flood flows
• Be injurious to, or interfere with, the successful execution, functioning, or operation of any adopted plan of flood control
• Adversely affect the State Plan of Flood Control, as defined in the California Water Code
This comment describes the reasons for
board denial of encroachment permits. This
comment does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
the incorporation or additional information
relevant to environmental issues. Further
response is not necessary.

The potential risks to public safety, including increased flood risks, need to be considered when developing proposed projects that seek to modify flood control works or the hydrology of the water ways. Board staff is available to discuss any questions you have regarding the above comments. Please contact Jordan Robbins at (916) 524-3454, or via email at [email protected] if you have any questions.

This comment provides a closing to the
comment letter and describes where more
information can be found. This comment
does not address the adequacy or
completeness of the Draft EIR, does not raise
environmental issues, and does not request
City of Porterville-South of Tule River Master Plan | 18 the incorporation of additional information
relevant to environmental issues. Further
response is not necessary.

City of Porterville-South of Tule River Master Plan | 19 4 FEIR REVISIONS TO THE DEIR
The following revisions to the IS and Draft EIR are made because of comments and/or responses to those comments as identified in Chapter 2 of the Final EIR. Added text is indicated with underlined text. The revisions clarify, amplify, or make minor modifications. No significant changes have been made to the information contained in the IS and Draft EIR as a result of the comments received, and no significant new information has been added that would require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5. These revisions do not result in a greater number of impacts or impacts of a greater severity than those set forth in the Draft EIR, nor do the revisions constitute significant new information requiring recirculation.

Other approvals may be required as identified through the entitlement review and approval process. In addition, other agencies may have the authority to issues permits prior to implementation including but not limited to:
• California Department of Fish and Wildlife, Central Region 4 (CDFW) • California Regional Water Quality Control Board, Central Valley Fresno Region 5 (RWQCB) • Porterville Unified School District
• San Joaquin Valley Air Pollution Control District
• Army Corps of Engineers
• Tulare County LAFCo
• Central Valley Flood Protection Board

4.4 BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Special-Status Species Surveys and Avoidance. The Project shall implement the following measures to avoid and minimize for impacts on special-status species due to construction activities.
• Pre-Construction Surveys. The Project shall conduct parcel species biological evaluation(s) to determine the project-specific impacts. The evaluation(s) may require foot surveys and detailed habitat mapping, wetland delineation, special status plant survey(s), and protocol-level surveys for species of concern, including American badger, Northern California legless lizard, Vernal pool fairy shrimp, and San Joaquin adobe sunburst. Any special-status species and natural communities detected during surveys shall be reported to the California Natural Diversity Database (CNDBB) using the field survey form or mailed electronically.

City of Porterville-South of Tule River Master Plan | 20 • Environmental Awareness Training. A qualified biologist shall conduct tailgate meeting to train construction staff on special status species that occur/may occur on the project site. • Biological Monitoring During Construction: In case of the accidental death or injury of a specialstatus species during construction-related activities, USFWS and CDFW will be contacted immediately by phone and notified in writing within three working days.

Any special-status species and natural communities detected during surveys shall be reported to the California Natural Diversity Database (CNDBB) using the field survey form or mailed electronically.
• Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffers of 250 feet around active nests of non-listed bird species and 500 feet around active nests of non-listed raptors will be established. If work needs to occur within these no disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.

Mitigation Measure BIO-3: Swainson’s Hawk Surveys and Avoidance. If Project activities must occur during the Swainson’s hawk nesting season (February 15 to August 31), pre-construction surveys shall be conducted for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, Swainson’s Hawk Technical Advisory Committee (CDFG, 2000). The surveys would be conducted on the Project site plus a 0.5-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods.

1. If no Swainson’s hawk nests are found, no further action is required.

City of Porterville-South of Tule River Master Plan | 21

2. If an active Swainson’s hawk nest is discovered at any time within 0.5 miles of active construction, a qualified biologist shall complete an assessment of the potential for current construction activities to impact the nest. The assessment would consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to the construction activities of this Project. Based on this assessment, the biologist will determine if construction activities can proceed and the level of nest monitoring required. Construction activities shall not occur within 500 feet of an active nest, but this distance may be reduced depending upon conditions at the site. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson’s hawks may be required. The qualified biologist shall have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may need to increase depending on the sensitivity of the nesting Swainson’s hawk to disturbances and at the discretion of the qualified biologist. Any special-status species and natural communities detected during surveys shall be reported to the California Natural Diversity Database (CNDBB) using the field survey form or mailed electronically.

Mitigation Measure BIO-4: San Joaquin Kit Fox Surveys and Avoidance. Pre-construction surveys shall be conducted by a qualified biologist within 10 days prior to the start of any construction activities. Qualified biologist shall conduct pre-construction surveys in accordance with USFWS Standard Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011).

1. If no active or potential den is detected in or adjacent to work area during the survey, no further action is required.

2. If active or potential den is detected in or adjacent to work area during the pre-construction survey, the den shall not be disturbed or destroyed. Compliance with USFWS Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) required. USFW and CDFW will be immediately contacted to determine best course of action.

Construction activities shall be carried out in a manner that minimizes disturbance to kit foxes.

3. In case of the accidental death or injury of a San Joaquin kit fox during construction-related activities, USFWS and CDFW will be contacted immediately by phone and notified in writing within three working days.

Any special-status species and natural communities detected during surveys shall be reported to the California Natural Diversity Database (CNDBB) using the field survey form or mailed electronically.

Note: the same revisions have been carried over into the Mitigation Monitoring and Reporting Program contained in the ISand Table 1-2 of the Draft EIR, and the MMRP in this Final EIR.

City of Porterville-South of Tule River Master Plan | 22 5 MITIGATION MONITORING AND REPORTING PROGRAM
CEQA Guidelines Section 15097 requires that a public agency adopts a monitoring program for mitigation measures that have been incorporated into the approved project to reduce or avoid significant effects on the environment. The purpose of the monitoring program is to ensure compliance with environmental mitigation during project implementation and operation. Since there are potentially significant impacts requiring mitigation associated with the project, a Mitigation Monitoring and Reporting Program is included herein on the following pages.

City of Porterville-South of Tule River Master Plan | 23

SOUTH OF THE TULE RIVER MASTER PLAN

MITIGATION MONITORING AND REPORTING PROGRAM
SEPTEMBER 2024
This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Porterville is responsible for verifying that mitigation is performed/completed.

Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initials
Air Quality
Mitigation Measure AIR-2a: The following measure shall be applied to all development under the proposed Master Plan to reduce emissions from construction.

Prior to the issuance of a grading permit for the proposed project, the project applicant, project sponsor, or construction contractor shall provide reasonably detailed compliance with the following requirements to the City of Porterville Planning Department:
• Where portable diesel engines are used during
construction, all off-road equipment with engines
greater than 75 horsepower shall have engines that
meet either EPA or ARB Tier 4 Final off-road emission
standards except as otherwise specified herein. If
engines that comply with Tier 4 Final off-road emission standards are not commercially available, then the
construction contractor shall use the next cleanest
piece of off-road equipment (e.g., Tier 4 Interim) that City of Porterville
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is commercially available. For purposes of this
mitigation measure, “commercially available” shall
mean the equipment at issue is available taking into
consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the
project site of equipment. If the relevant equipment is determined by the project applicant to not be
commercially available, the contractor can confirm
this conclusion by providing letters from at least two
rental companies for each piece of off-road
equipment that is at issue.

Mitigation Measure AIR-2b: Prior to issuance of building permits for non-single-family residential and mixed-use residential development projects in the proposed Master Plan planning area, the project applicant shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Porterville prior to the issuance of a Certificate of Occupancy. • Electric vehicle charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary
Measures) of the California Green Building Standards
Code (CALGreen).
• Bicycle parking shall be provided as specified in
Section A4.106.9 (Residential Voluntary Measures) of
the CALGreen Code.
• Retrofit off-road diesel equipment with Verified Diesel Emissions Control Strategy (VDECS) like Diesel
Particulate Filters (DPF). Particulate Matter level 3
City of Porterville
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VDECS can provide at least an 85 percent reduction
(CARB 2015).
• Use alternatively fueled (e.g., natural gas) diesel
construction equipment, including all off-road and
portable diesel-powered equipment.
• Use electrically driven equipment that is not powered by a portable generator set.
• Limit the hours of operation for heavy-duty equipment and/or limit the quantity of heavy-duty equipment
operating at the same time.

Mitigation Measure AIR-2c: Prior to the issuance of building permits for nonresidential development projects in the
planning area, project applicants shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Porterville prior to the issuance of a Certificate of Occupancy. • For buildings with more than 10 tenant -occupants,
changing/shower facilities shall be provided as
specified in Section A5.106.4.3 (Nonresidential
Voluntary Measures) of the California Green Building
Standards Code (CALGreen).
• Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as
specified in Section A5.106.5.1 (Nonresidential
Voluntary Measures) of the CALGreen Code.
• Facilities shall be installed to support future electric vehicle charging at each nonresidential building with
30 or more parking spaces. Installation shall be
City of Porterville
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consistent with Section A5.106.5.3 (Nonresidential
Voluntary Measures) of the CALGreen Code.

Mitigation Measure AIR-2d: The following measure shall be applied to all development under the proposed Master Plan during construction to facilitate the use of electric landscaping equipment during project operations: • Provide electrical outlets on the outside of buildings or in other accessible areas to facilitate the use of
electrically powered landscape equipment.

Mitigation Measure AIR-3a: Prior to future discretionary approval for proposed implementing development projects, the City of Porterville shall evaluate potential impacts from localized emissions of criteria pollutants. The project applicant, project sponsor, or construction contractor shall submit an analysis demonstrating that the project would not result in a localized impact from criteria pollutants that follows SJVAPCD guidance. Options for relevant analyses to fulfill this mitigation measure are provided below: • Provide a localized screening analysis demonstrating the project would not exceed 100 pounds per day of
any criteria pollutant.
• Provide an Ambient Air Quality Analysis (AAQA) for the proposed project. An AAQA uses air dispersion
modeling to determine if emission increases from a
project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The
SJVAPCD recommends an AAQA be performed for the
City of Porterville
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Project if emissions exceed 100 pounds per day of any
pollutant.
• Supporting documentation approved by the SJVAPCD
demonstrating that the proposed project would not
have the potential to result in a significant impact from localized criteria pollutant emissions.

Mitigation Measure AIR-3b: Prior to future discretionary approval for commercial or commercial mixed-use projects, the City of Porterville shall evaluate potential health risk impacts from new development proposals for any individual development projects within 1,000 feet of an existing or planned sensitive land use (e.g., residential, schools, day cares, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. Such projects shall submit the following to the City of Porterville Planning Department: • A Health Risk Prioritization Screening Analysis or a Health Risk Assessment for the project’s potential to
expose sensitive receptors to elevated levels of Toxic
Air Contaminants during project construction and
operations prepared in accordance with SJVAPCD
guidance. If the Health Risk Assessment shows that
the incremental health risks exceed their respective
thresholds, as established by the SJVAPCD at the time
a project is considered, the project applicant shall be required to identify and incorporate commercially
feasible mitigation including appropriate enforcement
mechanisms to reduce risks to an acceptable level.

The City of Porterville shall submit each Health Risk
City of Porterville
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Screening Analysis or Health Risk Assessment to the
SJVAPCD for review. Development projects that
exceed the applicable thresholds established by the
SJVAPCD shall implement mitigation sufficient to
reduce potential impacts to the extent feasible.

Mitigation Measure AIR-3c: To identify potential implementing development project-specific impacts resulting from the use of diesel trucks, proposed implementing development projects that include an excess of 10 dock doors for a single building, a minimum of 100 truck trips per day, 40 truck trips with Transport Refrigeration Units (TRUs) per day, or TRU
operations exceeding 300 hours per week, and that are with 1,000 feet from existing or planned sensitive land uses; shall have a facility-specific Health Risk Assessment performed to assess the diesel particulate matter impacts from mobile source traffic generated by that implementing development project. If applicable, the results of the Health Risk Assessment shall be included in the CEQA documentation for each
implementing development project. Development projects
that exceed the applicable thresholds established by the SJVAPCD shall implement mitigation sufficient to reduce potential impacts to the extent feasible.

Biological Resources
Mitigation Measure BIO-1: Special-Status Species Surveys and Avoidance. The Project shall implement the following
measures to avoid and minimize for impacts on special-status species due to construction activities.

City of Porterville
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• Pre-Construction Surveys. The Project shall conduct
parcel species biological evaluation(s) to determine
the project-specific impacts. The evaluation(s) may
require foot surveys and detailed habitat mapping,
wetland delineation, special status plant survey(s),
and protocol-level surveys for species of concern,
including American badger, Northern California legless
lizard, Vernal pool fairy shrimp, and San Joaquin adobe sunburst. Any special-status species and natural
communities detected during surveys shall be
reported to the California Natural Diversity Database
(CNDBB) using the field survey form or mailed
electronically.
• Environmental Awareness Training. A qualified
biologist shall conduct tailgate meeting to train
construction staff on special status species that
occur/may occur on the project site.
• Biological Monitoring During Construction: In case of the accidental death or injury of a special-status
species during construction-related activities, USFWS
and CDFW will be contacted immediately by phone
and notified in writing within three working days.

Mitigation Measure BIO-2: Nesting Bird Surveys and
Avoidance. The Project shall implement the following
measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes: • Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if City of Porterville
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feasible, from September 16th and January 31st,
which is outside the avian nesting season.
• Preconstruction Surveys. If Project activities must
occur during the nesting season (February 1-
September 15), a qualified biologist will conduct
preconstruction surveys for active raptor and
migratory bird nests within 10 days prior to the start
of these activities. The qualified biologist will conduct pre-construction surveys per the Recommended
Timing and Methodology for Swainson’s Hawk Nesting
Surveys in California’s Central Valley (2000). The
survey will include the proposed work area(s) and
surrounding lands within 500 feet, where accessible,
for all nesting raptors and migratory birds. If no active nests are found within the survey area, no further
mitigation is required. Any special-status species and
natural communities detected during surveys shall be
reported to the California Natural Diversity Database
(CNDBB) using the field survey form or mailed
electronically.
• Establish Buffers. Should any active nests be
discovered near proposed work areas, no disturbance
buffers of 250 feet around active nests of non-listed
bird species and 500 feet around active nests of non-
listed raptors will be established. If work needs to
occur within these no disturbance buffers, a qualified
biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of
construction activity. Should the nature of
construction activity significantly change, such that a City of Porterville
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higher level of disturbance will be generated,
monitoring will occur daily for one week and then
resume the once-a-week regime. If, at any time, the
biologist determines that construction activity may be
compromising nesting success, construction activity
within the designated buffer will be altered or
suspended until the biologist determines that the nest
site is no longer susceptible to deleterious
disturbance.

Mitigation Measure BIO-3: Swainson’s Hawk Surveys and
Avoidance. If Project activities must occur during the
Swainson’s hawk nesting season (February 15 to August 31), pre-construction surveys shall be conducted for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in
California’s Central Valley, Swainson’s Hawk Technical Advisory Committee (CDFG, 2000). The surveys would be conducted on the Project site plus a 0.5-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods.

1. If no Swainson’s hawk nests are found, no further
action is required.

2. If an active Swainson’s hawk nest is discovered at any time within 0.5 miles of active construction, a qualified biologist shall complete an assessment of the
potential for current construction activities to impact the nest. The assessment would consider the type of
construction activities, the location of construction
relative to the nest, the visibility of construction
City of Porterville
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activities from the nest location, and other existing
disturbances in the area that are not related to the
construction activities of this Project. Based on this
assessment, the biologist will determine if
construction activities can proceed and the level of
nest monitoring required. Construction activities shall not occur within 500 feet of an active nest, but this
distance may be reduced depending upon conditions
at the site. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson’s hawks
may be required. The qualified biologist shall have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may
need to increase depending on the sensitivity of the
nesting Swainson’s hawk to disturbances and at the
discretion of the qualified biologist.

Any special-status species and natural communities detected during surveys shall be reported to the California Natural Diversity Database (CNDBB) using the field survey form or mailed electronically.

Mitigation Measure BIO-4: San Joaquin Kit Fox Surveys and Avoidance. Pre-construction surveys shall be conducted by a qualified biologist within 10 days prior to the start of any construction activities. Qualified biologist shall conduct pre- construction surveys in accordance with USFWS Standard
Recommendations for Protection of the Endangered San
Joaquin Kit Fox Prior to or During Ground Disturbance (2011).

City of Porterville
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1. If no active or potential den is detected in or adjacent to work area during the survey, no further action is
required.

2. If active or potential den is detected in or adjacent to work area during the pre-construction survey, the den
shall not be disturbed or destroyed. Compliance with
USFWS Recommendations for Protection of the
Endangered San Joaquin Kit Fox Prior to or During
Ground Disturbance (2011) required. USFW and
CDFW will be immediately contacted to determine
best course of action. Construction activities shall be carried out in a manner that minimizes disturbance to
kit foxes.

3. In case of the accidental death or injury of a San
Joaquin kit fox during construction-related activities, USFWS and CDFW will be contacted immediately by
phone and notified in writing within three working
days.

Any special-status species and natural communities detected during surveys shall be reported to the California Natural Diversity Database (CNDBB) using the field survey form or mailed electronically.

Mitigation Measure BIO-5: Wetland Delineation. Prior to the start of ground disturbance activities on APN 256-040-044, the applicant shall consult with the California Department of Fish and Wildlife (CDFW) and/or the U.S. Department of Fish and Wildlife Service (USFWS) to conduct a formal Wetland
Delineation.

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The NWI maps also show the area along the Tule River as freshwater forested shrub wetland and riverine wetland, which supports the river, adjacent wetlands, and riparian habitat. As discussed in criteria b), the Master Plan designates the riparian habitat area along the Tule River as Open Space land use to protect the riparian habitat from urban
development, tree preservation, clustered development, and establishes wildlife movement corridors through the Project Site. As such, the NWI-identified wetlands along Tule River would have a less than significant impact from future
development of the proposed Project.

Cultural Resources
Mitigation Measure CUL-1: Prior to permit approval for
development on sites with existing buildings and/or structures that are 45 years or older, a historical resources evaluation shall be completed for that individual site to confirm if the existing buildings and/or structures within these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a
qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area. All properties 45 years of age or older shall be evaluated within their historic context and documented in a report meeting the State Office of Historic City of Porterville
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Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]).

Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the
Standards and or avoidance is not feasible for the city’s review and approval. Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s City of Porterville
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Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the
Project:
a. Cultural Resources Alert on Project Plans. The project proponent shall note on any plans that require ground
disturbing excavation that there is a potential for exposing buried cultural resources.
b. Stop Work Near any Discovered Cultural Resources. Should previously unidentified cultural resources be discovered during construction of the project, the project proponent shall cease work within 50 feet of the resources, and City of Porterville shall be notified immediately. The project
archaeologist meeting the SOI’s PQS for archeology shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2.
c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any cultural City of Porterville
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resources exposed during construction constitute a historical resource and/or unique archaeological resource, he/she shall notify the project proponent and other appropriate parties of the evaluation and recommended mitigation measures to
mitigate the impact to a less-than-significant level. If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is
appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other
appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports:

Recommended Content and Format (1990 or latest edition).” Mitigation measures may include avoidance, preservation in- place, recordation, additional archaeological testing and data recovery, among other options. Treatment of any significant cultural resources shall be undertaken with the approval of the City of Porterville. The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Northwest Information Center (NWIC). The resources shall be photo documented and collected by the archaeologist for submittal to the City of Porterville. The archaeologist shall be required to City of Porterville
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submit to the City of Porterville for review and approval a report of the findings and method of curation or protection of the resources. This report shall be submitted to the NWIC after completion. Recommendations contained therein shall be
implemented throughout the remainder of ground
disturbance activities. Further grading or site work within the area of discovery shall not be allowed until the preceding steps have been taken.
d. Data Recovery. Should the results of item c. yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction, the project
applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology. Data recovery shall be conducted in
accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5, Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s). As applicable, the final Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

City of Porterville
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Recommendations contained therein shall be implemented
throughout all ground disturbance activities.

Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for
unanticipated discoveries. The final report shall be submitted to the NWIC upon completion.
e. Disposition of Cultural Resources. Upon coordination with the City of Porterville, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines. f. Cultural Resources Monitoring. If mitigation measures are recommended by reports written under item c. or d., the project applicant shall retain a qualified archaeologist to monitor project-related, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations.

The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be
completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the
project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

Geology and Soils
Mitigation Measure GEO-1: If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified City of Porterville
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paleontologist as defined by the Society of Vertebrate
Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations
regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations, and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects or such effects must be mitigated. Construction in that area shall not resume until the resource-appropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific
institution. Copies of all correspondence and reports shall be submitted to the City of Kerman, Community Development
Department.

Mineral Resources
City of Porterville
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Mitigation Measure MIN-1: If development is proposed within the Project site designated as MRZ-3a, a soils reports and investigation shall be prepared prior to the approval of building permits to ensure that availability of valuable aggregate deposit will not decrease.

Noise
Mitigation Measure NOI-1: Prior to project approval of
residential development within the SoTu Master Plan, the City of Porterville shall ensure that proposed residential structures are located at least 157 feet from the centerline of Westwood Street, 409 feet from the centerline of SR 190 (Poplar Avenue), 137 feet from the centerline of Newcomb Street, and 674 feet from SR 65. If the project does not provide the listed setback for residential structures, sound walls shall be proposed to ensure that exterior noise of the residential site would not exceed 60 dB Ldn. If the project proposes sound walls in place of setbacks from roadway centerlines, a noise study shall be conducted as evidence that the sound wall is sufficient to maintain an exterior noise of 60 dB Ldn or 70 dB Ldn.

Mitigation Measure NOI-2: Prior to ground disturbing activities for projects within the SoTu Master Plan, the City of Porterville shall ensure the following with the Project proponent: • Per the City of Porterville Municipal Code, construction activities should not occur outside the
hours of 6:00 a.m. to 9:00 p.m. during weekdays and
7:00 a.m. to 5:00 p.m. on weekends. Construction
activities that occur outside these hours would be
subject to the stationary noise standards as set forth
City of Porterville-South of Tule River Master Plan | 42 in the City of Porterville Municipal Code Section 18-

90.4. • All construction equipment shall be properly
maintained and muffled as to minimize noise
generation at the source.
• Noise-producing equipment shall not be operating,
running, or idling while not in immediate use by a
construction contractor.
• All noise-producing construction equipment shall be
located and operated, to the extent possible, at the
greatest possible distance from any noise-sensitive
land uses.
• Locate construction staging areas, to the extent
possible, at the greatest possible distances from any
noise-sensitive land uses.
• Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of
construction activities and providing the contact
phone number of a designated noise disturbance
coordinator.

Tribal Cultural Resources
See Cultural Resources
City of Porterville-South of Tule River Master Plan | 43 6 ATTACHMENTS TO THE FINAL EIR
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region
1234 East Shaw Avenue
Fresno, CA 93710
(559) 243 - 4005
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
September 9, 2024
Claudia Calderon, Community Development Director
City of Porterville Community Development Department
291 N. Main Street
Porterville, California 93257
[email protected]
Subject: South of the Tule River Master Plan (Plan)
Draft Environmental Impact Report (DEIR)
State Clearinghouse No.: 2024030738
Dear Claudia Calderon:

The California Department of Fish and Wildlife (CDFW) received a focused DEIR from the City of Porterville for the above-referenced Plan pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1
Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Plan that may affect California fish and wildlife. Likewise, CDFW appreciates the opportunity to provide comments regarding those aspects of the Plan that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

After reviewing the provided focused DEIR and associated Initial Study (IS), CDFW has determined that the survey recommendations and mitigation measures proposed are sufficient to identify and/or mitigate for impacts to fish and wildlife (biological) resources.

As such, CDFW recommends that the biological resource survey and mitigation measures in the IS and Table 1-2 of the DEIR be included within the Final Environmental Impact Report (FEIR) for the Plan. Please note that changes to the Plan and/or Plan description and/or modification of the measures proposed in the focused DEIR may necessitate the need to include additional measures to identify and mitigate for potential impacts to biological resources.
1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.

Docusign Envelope ID: 92A45A85-7E3B-4B5A-AC13-59D6BC0D2BBA Claudia Calderon, Community Development Director
City of Porterville Community Development Department
September 9, 2024

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ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database, which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to CNDDB at the following email address:

[email protected]. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

FILING FEES
If it is determined that the Plan has the potential to impact biological resources, an assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G.

Code, § 711.4; Pub. Resources Code, § 21089).

CONCLUSION
CDFW appreciates the opportunity to comment on the DEIR to assist the City of Porterville in identifying and mitigating Plan impacts on biological resources.

More information on survey and monitoring protocols for sensitive species can be found at CDFW’s website (https://www.wildlife.ca.gov/Conservation/Survey-Protocols). If you have any questions regarding this letter or need further coordination, please contact Marile Colindres, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 974-3452, or by electronic mail at [email protected].

Sincerely,
Julie A. Vance
Regional Manager
ec: State Clearinghouse
Governor’s Office of Planning and Research
[email protected]
Docusign Envelope ID: 92A45A85-7E3B-4B5A-AC13-59D6BC0D2BBA

SENT VIA ELECTRONIC MAIL
August 09, 2024
Claudia Calderon
Acting Community Development Director
City of Porterville
291 N. Main Street
Porterville, CA 93257
[email protected]
RE: DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH OF TULE RIVER MASTER PLAN DATED JULY 26, 2024, STATE CLEARINGHOUSE NUMBER 2024030738
Dear Claudia Calderon,
The Department of Toxic Substances Control (DTSC) received a Draft Environmental Impact Report (DEIR) for the South of Tule River Master Plan (SoTu MP). The proposed SoTu MP and the associated entitlements, including General Plan Amendment (GPA) No. 2024001, and Prezone/Rezone (RZ) No. 2024001, and Master Plan No. 202401, is filed by the City of Porterville (Applicant) and pertains to 19 parcels that are located directly southwest of the city limits of the City of Porterville. The SoTu MP site is bound to the north by the Tule River, to the south by State Route 190, to the east by State Route 65, and to the west by Westwood Street The site totals approximately 447.30 gross acres. GPA No. 2024001 requests amendment of the existing land use designations to the mix of 10 different land uses proposed in the SoTu MP. RZ No. 2024001 requests a rezone from the existing zoning districts to zoning districts that are Claudia Calderon
August 09, 2024

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consistent with the proposed land use designation. No physical development is proposed.

DTSC recommends and requests consideration of the following comments:

1. When agricultural crops and/or land uses are proposed or rezoned for residential use, a number of contaminants of concern (COCs) can be present.

The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are dichlorodiphenyltrichloroethane, toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSCSLs approved thresholds. If they are not, remedial action must take place to mitigate them below those thresholds.

2. Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons may be required

3. DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.

Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

Claudia Calderon
August 09, 2024

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DTSC appreciates the opportunity to comment on the DIER for the South of Tule River Master Plan. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.

Sincerely,
Tamara Purvis
Associate Environmental Planner
HWMP Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Planning and
Research State Clearinghouse
[email protected]
Dave Kereazis
Associate Environmental Planner
HWMPPermitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
“Provide a safe and reliable transportation network that serves all people and respects the environment” DIVISION OF AERONAUTICS - M.S. #40
1120 N STREET
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
PHONE (916) 654-4959
FAX (916) 653-9531
TTY 711
www.dot.ca.gov
September 9, 2024
Claudia Calderon Electronically Sent <[email protected]> Acting Community Development Director
City of Porterville
291 N. Main Street
Porterville, CA 93257
Re: SCH #2024030738 - South of Tule River Master Plan
Dear Ms. Calderon:

The California Department of Transportation (Caltrans), Division of Aeronautics (Division), has reviewed the Draft Environmental Impact Report (EIR) for the South of Tule River Master Plan (Project). The Division of Aeronautics collaborates with cities, counties, and Airport Land Use Commissions (ALUC) to ensure compliance with the State Aeronautics Act (California Public Utilities Code Section 21001 et seq.). We appreciate the opportunity to participate in the EIR review process.

The City of Porterville is proposing a master plan, titled the South of Tule River (SoTu) Master Plan, on approximately 447.30 acres adjacent to City limits to facilitate future growth. The Porterville Municipal Airport is located approximately 1.1 miles south of the Project site.

The Project site lies entirely within the Airport Influence Area of the Porterville Municipal Airport, with a portion of the southwest corner of the Project site located within Safety Zone 6 (Traffic Pattern Zone). Therefore, it must adhere to the safety criteria and restrictions outlined in the 2012 Tulare County Comprehensive Airport Land Use Plan (ALUCP), adopted by the ALUC pursuant to the PUC, Section 21674. The ALUCP is crucial for minimizing noise nuisance and safety hazards around airports while promoting orderly development. The ALUC is responsible for assessing potential risks to aircraft, airspace users, and people on the ground near the airport.

In accordance with PUC Section 21676 et seq., prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the ALUC, the local agency shall first refer the proposed action to the ALUC.

Ms. Claudia Calderon, Acting Community Development Director September 9, 2024

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“Provide a safe and reliable transportation network that serves all people and respects the environment” Compatibility concerns regarding airport obstructions and hazards to flight (such as wildlife attractants, lighting, or glare i.e., solar, etc.) should also be considered for further review upon site specific updates or projects. Proposed structures that exceed FAA Regulations Part 77 height criteria are subject to an Obstruction Evaluation/Airspace Analysis for determination.

Please refer to the FAA website (https://oeaaa.faa.gov/oeaaa/external/portal.jsp) for further information or a copy of the form.

Thank you for the opportunity to review and comment. If you have any questions, please contact me by email at [email protected].

Sincerely,
Tiffany Martinez
Associate Transportation Planner
Division of Aeronautics
c: State Clearing House <[email protected]>, Matthew Friedman, Chief Office of Aviation Planning, <[email protected]>, Nirupama Stalin, Senior Transportation Planner <[email protected]> STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CENTRAL VALLEY FLOOD PROTECTION BOARD
3310 El Camino Ave., Ste. 170
SACRAMENTO, CA 95821
(916) 574-0609
September 9, 2024
Claudia Calderon
Acting Community Development Director
City of Porterville
291 N. Main Street
Porterville, CA 93257
[email protected]
Subject: Comments for the Draft Environmental Impact Report, South of Tule River Master Plan, SCH# 2024030738, Tulare County
Dear Claudia Calderon,
The Central Valley Flood Protection Board (Board) appreciates the opportunity to comment on the Draft Environmental Impact Report (DEIR) for the proposed South of Tule River Master Plan (proposed project).

California Code of Regulations, Title 23 provides standards that govern the design and construction of projects that affect the flood control works and floodways. Board staff recommends that you review Title 23 Standards, including Sections 112 (Streams Regulated and Nonpermissible Work Periods), 116 (Borrow and Excavation Activities – Land and Channel), 121 (Erosion Control), 122 (Irrigation and Drainage Ditches, Tile Drains, and Septic Systems), 123 (Pipelines, Conduits, and Utility Lines), 124 (Abandoned Pipelines and Conduits), 128 (Bridges), 129 (Water, Oil, and Gas Wells), 131 (Vegetation), and 132 (Bicycle Trails). Any deviation or variation from these standards will require approval from the Board.

Responsibility of the Central Valley Flood Protection Board The Board is the State’s regulatory agency responsible for enforcing appropriate standards for the construction, maintenance, and operation of the flood control system that protects life, property, and habitat in California’s Central Valley. The Board serves as the State coordinator between local flood management agencies and the federal government, with the goal of providing the highest level of flood protection possible to California’s Central Valley.

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The Board operates under authorities as described in California Water Code (Water Code), which requires the Board to oversee future modifications or additions to facilities of the State Plan of Flood Control (SPFC).

Encroachment Permit
Per California Code of Regulations, Title 23, Waters, Division 1 (Title 23), Section 6, approval by the Board is required for all proposed work or uses, including the alteration of levees within any area for which there is an Adopted Plan of Flood Control within the Board’s jurisdiction. In addition, Board approval is required for all proposed encroachments within a floodway, on adjacent levees, and within any Regulated Stream identified in Title 23, Table 8.1. Specifically, Board jurisdiction includes the levee section, the waterward area between project levees, a minimum 10-foot-wide strip adjacent to the landward levee toe, the area within 30 feet from the top of bank(s) of Regulated Streams, and inside Board’s Designated Floodways. Activities outside of these limits which could adversely affect Federal-State flood control facilities, as determined by Board staff, are also under the Board’s jurisdiction. Permits may also be required for existing unpermitted encroachments or where it is necessary to establish the conditions normally imposed by permitting, including where responsibility for the encroachment has not been clearly established or ownership or uses have been changed.

Flood Impacts Analysis
Pursuant to Section 15 of Title 23, the Board may deny an encroachment permit if the proposed project could:
• Jeopardize directly or indirectly the physical integrity of levees or other works • Obstruct, divert, redirect, or raise the surface level of design floods or flows, or the lesser flows for which protection is provided
• Cause significant adverse changes in water velocity or flow regimen • Impair the inspection of floodways or project works
• Interfere with the maintenance of floodways or project works • Interfere with the ability to engage in flood fighting, patrolling, or other flood emergency activities
• Increase the damaging effects of flood flows
• Be injurious to, or interfere with, the successful execution, functioning, or operation of any adopted plan of flood control
• Adversely affect the State Plan of Flood Control, as defined in the California Water Code Closing
The potential risks to public safety, including increased flood risks, need to be considered when developing proposed projects that seek to modify flood control works or the hydrology of the water ways. Board staff is available to discuss any questions you have regarding the above Docusign Envelope ID: 965BDAA6-908B-4C4B-94BD-D62D06681A92 City of Porterville
September 9, 2024

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comments. Please contact Jordan Robbins at (916) 524-3454, or via email at [email protected] if you have any questions.

Sincerely,
Jamie Silva
Environmental Program Manager
cc: Office of Planning and Research
[email protected]
Docusign Envelope ID: 965BDAA6-908B-4C4B-94BD-D62D06681A92

FOCUSEDENVIRONMENTAL IMPACT REPORT
JULY 2024
City of Porterville – South of Tule River Master Plan | 1 South of Tule River Master Plan

FOCUSED ENVIRONMENTAL IMPACT REPORT
JULY 2024
Prepared for

City of Porterville
Community Development Department
291 N. Main Street
Porterville, CA 93257

FOCUSEDENVIRONMENTAL IMPACT REPORT
JULY 2024
City of Porterville – South of Tule River Master Plan | 2 Table of Contents
1 EXECUTIVE SUMMARY........................................................................................................................... 6

1.1 Summary Project Description.......................................................................................................6

1.1.1 Project Location and Setting ....................................................................................................6

1.1.2 Background and Need for the Project......................................................................................6

1.1.3 Project Objectives....................................................................................................................6

1.1.4 Project Characteristics.............................................................................................................7

1.2 Permits and Approval Required....................................................................................................8

1.3 Summary of Alternatives..............................................................................................................8

1.3.1 Environmentally Superior Alternative......................................................................................8

1.4 Areas of Controversy and Issues to be Resolved ..........................................................................9

1.5 Summary of Environmental Impacts and Recommended Mitigation Measures........................10

1.5.1 Effects Found Not to be Significant........................................................................................10 2 INTRODUCTION ...................................................................................................................................22

2.1 Purpose and Intended Uses of this Focused EIR ........................................................................22

2.2 Environmental Review Process...................................................................................................23

2.3 Scope of the Draft EIR ................................................................................................................25

2.4 Draft EIR Organization................................................................................................................25 3 PROJECT DESCRIPTION ........................................................................................................................26

3.1 Project Area ...............................................................................................................................26

3.1.1 Location .................................................................................................................................26

3.1.2 Setting and Surrounding Uses................................................................................................26

3.1.3 Existing Circulation Network..................................................................................................31

3.1.4 Existing Land Uses..................................................................................................................31

3.2 Project Background....................................................................................................................34

3.3 Project Objectives......................................................................................................................35

3.4 Land Use and Zoning..................................................................................................................36

3.4.1 Existing Land Use Designations..............................................................................................36

3.4.2 Existing Zoning Districts.........................................................................................................37

3.4.3 Development Capacity...........................................................................................................37

3.5 Project Characteristics................................................................................................................40

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City of Porterville – South of Tule River Master Plan | 3

3.5.1 Organization of the Master Plan ............................................................................................40

3.5.2 Features of the Master Plan ..................................................................................................41

3.6 Permits and Approvals Required ................................................................................................56

3.7 Subsequent Entitlements and Approvals ...................................................................................56 4 SETTINGS, IMPACTS, AND MITIGATION MEASURES.............................................................................58

4.1 Baseline Conditions....................................................................................................................58

4.2 Determination of Significance....................................................................................................58

4.3 Air Quality ..................................................................................................................................58

4.3.1 Environmental Setting............................................................................................................58

4.3.2 Regulatory Setting..................................................................................................................59

4.3.3 Existing Air Quality Conditions...............................................................................................67

4.3.4 Impacts and Mitigation Measures .........................................................................................69 5 CUMULATIVE IMPACTS ........................................................................................................................87

5.1 Cumulative Impact Approach.....................................................................................................87

5.2 Cumulative Setting .....................................................................................................................87

5.2.1 Geographic Scope of Affected Area .......................................................................................87

5.2.2 Regional Planning Environment.............................................................................................87

5.3 Cumulative Impact Analysis .......................................................................................................87

5.3.1 Air Quality..............................................................................................................................88 6 ALTERNATIVES......................................................................................................................................90

6.1 Selection of Reasonable Alternatives.........................................................................................90

6.2 Analysis of Alternatives..............................................................................................................92

6.2.1 Alternative 1: No Project (No Build) Alternative ....................................................................92

6.2.2 Alternative 2: No Project/Existing General Plan Land Use Alternative...................................92

6.2.3 Reduced Density Alternative..................................................................................................93

6.3 Environmentally Superior Alternative ........................................................................................94 7 CEQA-REQUIRED CONCLUSIONS..........................................................................................................95

7.1 Significant and Unavoidable Impacts.........................................................................................95

7.1.1 Air Quality..............................................................................................................................95

7.2 Significant Irreversible Environmental Changes .........................................................................95

7.3 Growth Inducing Impact ............................................................................................................95 8 LIST OF PREPARERS..............................................................................................................................97

FOCUSEDENVIRONMENTAL IMPACT REPORT
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City of Porterville – South of Tule River Master Plan | 4

8.1 City of Porterville (Lead Agency) ................................................................................................97

8.2 Precision Civil Engineering (CEQA Compliance) .........................................................................97

8.3 Johnson, Johnson & Miller Air Quality Consultants (Air Quality/Greenhouse Gas)....................97

8.4 Argonaut Ecological Consulting, Inc. (Biological Resources).......................................................97

8.5 Peak & Associates (Cultural Resources) .....................................................................................97

8.6 WJV Acoustics, Inc. (Noise).........................................................................................................97 JLB Traffic Engineering, Inc. (Traffic Study and VMT) ...............................................................................97 9 REFERENCES ........................................................................................................................................98

9.1 Chapter 1. Executive Summary ..................................................................................................98

9.2 Chapter 2. Introduction..............................................................................................................98

9.3 Chapter 3. Project Description ...................................................................................................98

9.4 Chapter 4. Settings, Impacts, and Mitigation Measures.............................................................98

9.5 Chapter 5. Cumulative Impacts..................................................................................................98

9.6 Chapter 6. Alternatives ..............................................................................................................98

9.7 Chapter 7. CEQA-Required Conclusions.....................................................................................98 10 Appendices.....................................................................................................................................99

10.1 Initial Study and Appendices....................................................................................................100

10.2 Notice of Preparation and Comment Letters ...........................................................................101

10.3 Draft SoTu Master Plan.............................................................................................................102 List of Figures
Figure 3-1 Regional Location .......................................................................................................................28 Figure 3-2 APN Map ....................................................................................................................................29 Figure 2-2 Aerial Image of Plan Area ...........................................................................................................30 Figure 3-4 Crop Mapping of the Plan Area ..................................................................................................33 Figure 3-4 City of Porterville General Plan Land Use Designation Map of Plan Area (Existing)....................38 Figure - City of Porterville Zoning District Map of Plan Area (Existing Pre-Zoning).......................................39 Figure - City of Porterville General Plan Land Use Designation Map/ SoTu Land Use Map (Proposed)........44 Figure 3-7 City of Porterville Zoning District Map (Proposed) .....................................................................49 List of Tables
Table 1-1 Required Project Approvals............................................................................................................8 Table 1-2 Impact Summary and Mitigation Measures.................................................................................11 Table 3-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties ............26 Table 3-2 Summary of Existing Land Uses....................................................................................................31

FOCUSEDENVIRONMENTAL IMPACT REPORT
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City of Porterville – South of Tule River Master Plan | 5 Table 3-3 Existing Land Use on the Project site ...........................................................................................31 Table 3-4 Existing General Plan Land Use Designations of Plan Area...........................................................36 Table 3-5 Existing Zoning Districts within Plan Area ....................................................................................37 Table 3-6 Proposed Changes to Land Use Designations ..............................................................................41 Table 3-7 General Plan Land Use Designation Descriptions.........................................................................42 Table 3-8 Proposed Changes to Zoning Districts..........................................................................................45 Table 3-9 Zoning District Descriptions.........................................................................................................46 Table 3-10 Buildout Assumptions under Master Plan..................................................................................50 Table 3-11 Assumed Development under Master Plan Compared to Existing Conditions...........................50 Table 3-12 Comparison of Build Out under General Plan (Existing) and Master Plan (Proposed) ...............51 Table 3-13 Required Project Approvals........................................................................................................56 Table 4-1 Description of Air Pollutants ........................................................................................................62 Table 4-2 Air Quality Index and Health Effects from Ozone .........................................................................67 Table 4-3 Air Quality Index and Health Effects of Particulate Pollution........................................................68 Table 4-4 San Joaquin Valley Air Basin Attainment Status............................................................................69 Table 4-5 Construction Air Pollutant Emissions Summary – Annual Average (Unmitigated) .......................73 Table 4-6 Construction Air Pollutant Emissions Summary – Maximum Annual Emissions...........................74 Table 4-7 Operational Air Pollutant Emissions (Non-permitted Sources) ....................................................75 Table 4-8: Screening Levels for Potential Odor Sources...............................................................................85 Table 6-1 Summary of Project Alternatives .................................................................................................91

FOCUSEDENVIRONMENTAL IMPACT REPORT
JULY 2024
City of Porterville – South of Tule River Master Plan | 6 1 EXECUTIVE SUMMARY
The following executive summary is provided pursuant to CEQA Guidelines Section 15123. According to Section 15123, an EIR shall contain a brief summary of the proposed actions and its consequences, and identify: 1) each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect; 3) areas of controversy known to the Lead Agency including issues raised by agencies and the public; and 3) issues to be revolved including the choice among alternatives and whether or how to mitigate the significant effects.

1.1 Summary Project Description

1.1.1 Project Location and Setting
The South of Tule River (“SoTu”) Master Plan Area (“Plan Area”) comprises approximately 447 acres (gross) and 19 parcels located directly southwest of the City Limits, bound to the north by the Tule River, south by State Route 190, east by State Route 65, and west by Westwood Street. The predominant existing land uses within the Plan Area are agriculture and rural residences.

1.1.2 Background and Need for the Project
The City of Porterville (“City”) is proposed to adopt the SoTu Master Plan (“Master Plan”). The Master Plan is intended to facilitate the development of the Plan Area as it transitions from agricultural and rural residential land into a new district with a mix of residential, commercial, public uses, and open spaces. The Master Plan would not only provide overarching guidance and broad policy concepts, but also provide information of the type, location, and intensity of uses; define capacity and design for necessary public improvements; and determine the resources necessary to finance and implement infrastructure needed to support the development of the Plan Area.

1.1.3 Project Objectives
The overarching vision of the Master Plan is to guide development of the 447-acre Plan Area as it transitions from a predominately agricultural and rural residential area to an innovative, mixed-use, multi-modal district that is attractive to residents and visitors alike to live, work, explore, and shop. The objectives that would help realize this vision are as follows.

Goal 1: Implement mixed-use zoning to encourage residential, commercial, industrial, and open space in the plan area to foster a more diverse and balanced development pattern.

Objective 1.1. Designate lands to allow for mixed-use developments incorporating residential, commercial, office, and open space components.

Objective 1.2. Identify key areas within the plan area suitable for mixed-use development based on accessibility to existing and planned infrastructure.

Goal 2: Promote alternative modes of transportation and transit-oriented development that create walkable communities to reduce traffic and air quality impacts.

Objective 2.1. Create complete streets to increase the connectivity of pedestrian and bicycle infrastructure to encourage non-motorized transportation options

FOCUSEDENVIRONMENTAL IMPACT REPORT
JULY 2024
City of Porterville – South of Tule River Master Plan | 7 Objective 2.2. Create compact neighborhoods with a defined, mixed-use center including public open space, a school or other community facilities, and neighborhood commercial.

Objective 2.3. Create a street system that is well-aligned with and connected to streets in adjacent neighborhoods and allows residents to walk, bike, or drive safely to parks, schools, and neighborhood shopping via a continuous system of streets, sidewalks, and bike routes.

Goal 3: Provide a wide variety of housing types, designs, and lot sizes to serve a range of household types and incomes. The housing mix will be a combination of housing types rather than a combination of residential densities.

Objective 3.1. Develop a land use plan that includes a mix of single-family homes, townhouses, apartments at all affordability levels.

Objective 3.2. Create neighborhood centers with a mix of retail, civic, and service-oriented uses to support local transit and provide places for social interaction for neighborhood residents.

Goal 4: Incorporate policies and partnerships with local conservation groups to protect and enhance the open space areas surrounding the Tule River.

Objective 4.1. Develop and implement land use policies that prioritize the preservation of natural habitats and scenic landscapes.

Objective 4.2. Enhance public access to open space areas through the development of trails and recreational facilities.

Objective 4.3. Educate residents and stakeholders about the ecological value of open spaces and the importance of conservation efforts.

Goal 5: Reduce carbon emissions and prioritize pedestrians through a well-connected trail network and neighborhood supporting commercial uses and development.

Objective 5.1. Develop a comprehensive trail network that connects residential areas, commercial districts, and recreational spaces.

Objective 5.2. Promote mixed-use developments that encourage walking and cycling as primary modes of transportation.

Objective 5.3. Implement green building standards and energy-efficient practices in new developments to reduce carbon footprint.

1.1.4 Project Characteristics
The Master Plan proposes land use designation changes in certain areas within the Plan Area, which requires a General Plan Amendment and concurrent rezoning. The Master Plan would result in reductions in acreage of Low Density Residential and Retail Centers, and modest increases in Medium Density Residential, High Density Residential, Commercial Mixed-Use, Neighborhood Commercial, Professional Office, Industrial Park, Park and Recreation, and Public Institutional.

FOCUSEDENVIRONMENTAL IMPACT REPORT
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City of Porterville – South of Tule River Master Plan | 8 Overall, build under the Master Plan could yield 2,213 residential units (516 single-family and 1,697 multifamily units), 3,357,864 square feet (sf.) of commercial space, 1,337,717 sf. of employment space (i.e., office uses and industrial uses), and 15.81 acres of public and institutional uses, and 112.14 acres of park and recreational lands. Housing production and mixed-use development (i.e., mix of residential and nonresidential uses) is a primary motivation for the Master Plan. For comparison, build out under the proposed land use designations (assumed density) within the Master Plan would facilitate an additional 579 residential units with a substantial increase in commercial and employment uses as compared to build out under the existing land use designations (maximum density).

1.2 Permits and Approval Required
The Master Plan would require approval by the City of Porterville City Council, including approval of a General Plan Amendment, Rezone/Pre-zone, and Conditional Use Permit, in addition to adoption of the Master Plan and certification of the Final EIR. No permits would be required from other agencies for approval of the Project.

Table 1-1 Required Project Approvals
Project Approval Final Decision
General Plan Amendment 2024-001 City Council
Pre-Zone/Rezone 2024-001 City Council
Master Plan Adoption 2024-001* City Council
EIR Certification City Council
*Per Article 206, Residential Neighborhood District of the Porterville Municipal Code (PMC), a Master Plan shall be accepted and processed in the same manner as a Conditional Use Permit application, pursuant to Chapter 601, Common Procedures, and Chapter 604, Conditional Use Permit.

1.3 Summary of Alternatives
Pursuant to CEQA, alternatives are optional ways that a project could achieve most of its objectives, while also reducing or eliminating the environmental impacts of the proposed project (Public Resources Code (“PRC”) Section 21002). The Lead Agency is required to evaluate and compare the environmental impacts of alternatives to the proposed project in an EIR (CEQA Guidelines Section 15126.6(d)). The alternatives evaluated in this Draft Focused EIR are briefly described as follows:
• No Project (No Build) Alternative. This alternative assumes that the Master Plan would not be implemented and no redevelopment of the Project Area would occur. Existing uses would remain. • No Project (Existing General Plan Land Use) Alternative. This alternative assumes that the Master Plan would not be implemented and redevelopment of the Project Area would occur under the existing General Plan land use designations and zoning districts. • Reduced Density Alternative. This alternative assumes that the Master Plan would be implemented, but at a lower or reduced density. The assumed buildout of residential, commercial, and industrial uses within the Project Area would be reduced by 25%. There would be no reduction to the proposed park and recreational lands and public and institutional uses.

1.3.1 Environmentally Superior Alternative
According to CEQA Guidelines Section 15126.6(e), if the No Project Alternative is the “environmentally superior alternative,” then the EIR must also identify an environmentally superior alternative among the

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City of Porterville – South of Tule River Master Plan | 9 other alternatives. As described above, the No Project (No Build) alternative would reduce significant impacts but would not meet the Project objectives. The No Project (Existing General Plan Land Use) Alternative would not avoid or significantly reduce the significant impacts of the Project and would not meet most of the Project objectives. The Reduced Density alternative would not avoid or significantly reduce the significant impacts of the Project, nor would this alternative meet several of the Project objectives.

1.4 Areas of Controversy and Issues to be Resolved
The environmental review process began with a brief notice (“Notice of Preparation” or “NOP”) sent by the City to notify the responsible agencies, trustee agencies, the Office of Planning and Research, and the public that the City plans to prepare an EIR for the proposed Project. The purpose of the NOP was to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. The NOP was distributed on March 20, 2024, to responsible agencies, trustee agencies, the Office of Planning and Research, and private organizations and individuals that may have interest in the Project.

The NOP was made available at Porterville City Hall and online. A public scoping meeting was held virtually on April 3, 2024, at 5:30 pm. No members of the public attended the scoping meeting.

Based on the comments received during the NOP comment period, potential areas of controversy associated with the Master Plan are:
• Agricultural Resources
The issue identified by the California Department of Conservation in a letter dated April 12, 2024, is related to the potential for the proposed Project to convert farmland to urban uses. Although the project does have this potential, as discussed in the Related Initial Study, this proposed Focused EIR tiers off of the Porterville 2030 General Plan Environmental Impact Report (EIR SCH #2006011033) and related Findings, and Statement of Overriding Considerations. The EIR acknowledged that farmland conversion would occur at full buildout of the General Plan, including approximately 3,050 acres of Prime Farmland soils (of which 2,880 acres are unincorporated lands) and approximately 4,200 acres of Farmland of Statewide Importance and Unique Farmland soils. While the General Plan provides policies to minimize the extent of sprawl associated with future development, the EIR recognizes that the conversion of agricultural lands is still considered significant and unavoidable. To certify the EIR, the City adopted Findings of Fact related to Significant and Unavoidable Impacts as well as Statements of Overriding Considerations pursuant of Section 15093 of CEQA Guidelines which requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project.

Since development of the Project site with urban uses was already contemplated and evaluated by the General Plan EIR and subsequent Statements of Overriding Considerations and Findings of Significant and Unavoidable Impacts, the proposed Master Plan does not result in additional impacts to farmland not previously analyzed.

As Lead Agency, the City has the options to resolve the major issues by: 1) recommending mitigation measures to be adopted or modified, 2) applying additional mitigation measures, or 3) determining whether the Project should or should not be approved, or whether an alternative should be approved instead.

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City of Porterville – South of Tule River Master Plan | 10 CEQA Guidelines Section 15123(b)(2) mandates that an Environmental Impact Report (EIR) addressesissues to be resolved, including the selection of alternatives and strategies for mitigating significant impacts. The primary issues to be addressed for the Project involve the Lead Agency determining whether:
• The Draft EIR sufficiently outlines the Project's environmental impacts. • The proposed mitigation measures should be accepted or adjusted. • Further mitigation measures are necessary.

1.5 Summary of Environmental Impacts and Recommended Mitigation Measures The City prepared an Initial Study to analyze the proposed Project. The Initial Study identified the potential for significant environmental effects in certain resource areas. As defined by CEQA Guidelines Section 15382, “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of physical conditions within the area affected by the project including land, air, water, minerals, flora, ambient noise, and objectives of historic or aesthetic significance.

According to CEQA Guidelines Section 15064(f)(1), preparation of an EIR is required if the Lead Agency determines there is substantial evidence in the record that the project may have a significant effect on the environment. Environmental impacts, including cumulative impacts, that would result from Project implementation are described in Chapter 4. Environmental impacts, their level of significance without mitigation, mitigation measures, and level of significance following implementation of mitigation measures are summarized in Table 1-2.

1.5.1 Effects Found Not to be Significant
CEQA allows a Lead Agency to limit the detail of discussion of the environmental effects that are not considered potentially significant (PRC Section 21100, CEQA Guidelines Section 15126.2(a) and 15128).

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City of Porterville – South of Tule River Master Plan | 11 Table 1-2 Impact Summary and Mitigation Measures
Impact Significance
Before
Mitigation
Mitigation Measures Significance
After
Mitigation
Air Quality
Impact AIR-1. Conflict with or obstruct
implementation of the applicable air quality
plan
PS AIR-2a through AIR-2d (See AIR-2 below) SU
Impact AIR-2. Result in a cumulatively
considerable net increase of any criteria
pollutant for which the project region is
nonattainment under an applicable federal
or state ambient air quality standard.

PS MM AIR-2a: The following measure shall be applied to all development under the proposed Master Plan to reduce emissions from construction.

Where portable diesel engines are used during construction, all off-road equipment with engines greater than 75 horsepower shall have engines that meet either EPA or CARB Tier 4 Final off-road emission standards except as otherwise specified herein. If engines that comply with Tier 4 Final off-road emission standards are not commercially available, then the construction contractor shall use the next cleanest piece of off-road equipment (e.g., Tier 4 Interim) that is commercially available. For purposes of this mitigation measure, “commercially available” shall mean the equipment at issue is available taking into consideration factors such as (i) criticalpath timing of construction; and (ii) geographic proximity to the project site of equipment. If the relevant equipment is determined by the project applicant to not be commercially available, the contractor can confirm this conclusion by providing letters from at least two rental companies for each piece of off-road equipment that is at issue.

MM AIR-2b: Prior to issuance of building permits for non-single-family residential and mixed-use residential development projects in the proposed Master Plan planning area, the project applicant shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Porterville prior to the issuance of a Certificate of Occupancy.

Electric vehicle charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the California Green Building Standards Code (CALGreen).

Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code.

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City of Porterville – South of Tule River Master Plan | 12 MM AIR-2c: Prior to the issuance of building permits for nonresidential development projects in the planning area, project applicants shall indicate on the building plans that the following features have been incorporated into the design of the building(s).

Proper installation of these features shall be verified by the City of Porterville prior to the issuance of a Certificate of Occupancy.

For buildings with more than 10 tenant-occupants, changing/shower facilities shall be provided as specified in Section A5.106.4.3 (Nonresidential Voluntary Measures) of the California Green Building Standards Code (CALGreen).

Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Section A5.106.5.1 (Nonresidential Voluntary Measures) of the CALGreen Code.

Facilities shall be installed to support future electric vehicle charging at each nonresidential building with 30 or more parking spaces. Installation shall be consistent with Section A5.106.5.3 (Nonresidential Voluntary Measures) of the CALGreen Code.

MM AIR-2d: The following measure shall be applied to all development under the proposed Master Plan during construction to facilitate the use of electric landscaping equipment during project operations:

Provide electrical outlets on the outside of buildings or in other accessible areas to facilitate the use of electrically powered landscape equipment.

Impact AIR-3. Expose sensitive receptors to
substantial pollutant concentrations
PS MM AIR-3a: Prior to future discretionary approval for proposed implementing development projects, the City of Porterville shall evaluate potential impacts from localized emissions of criteria pollutants. The project applicant, project sponsor, or construction contractor shall submit an analysis demonstrating that the project would not result in a localized impact from criteria pollutants that follows SJVAPCD guidance. Options for relevant analyses to fulfill this mitigation measure are provided below:

Provide a localized screening analysis demonstrating the project would not exceed 100 pounds per day of any criteria pollutant.

Provide an Ambient Air Quality Analysis (AAQA) for the proposed project. An AAQA uses air dispersion modeling to determine if emission increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards.

The SJVAPCD recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant.

Supporting documentation approved by the SJVAPCD demonstrating that the proposed project would not have the potential to result in a significant impact from localized criteria pollutant emissions.

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City of Porterville – South of Tule River Master Plan | 13 MM AIR-3b: Prior to future discretionary approval for commercial or commercial mixed-use projects, the City of Porterville shall evaluate potential health risk impacts from new development proposals for any individual development projects within 1,000 feet of an existing or planned sensitive land use (e.g., residential, schools, day cares, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. Such projects shall submit the following to the City of Porterville Planning Department:

A Health Risk Prioritization Screening Analysis or a Health Risk Assessment for the project’s potential to expose sensitive receptors to elevated levels of Toxic Air Contaminants during project construction and operations prepared in accordance with SJVAPCD guidance. If the Health Risk Assessment shows that the incremental health risks exceed their respective thresholds, as established by the SJVAPCD at the time a project is considered, the project applicant shall be required to identify and incorporate commercially feasible mitigation including appropriate enforcement mechanisms to reduce risks to an acceptable level. The City of Porterville shall submit each Health Risk Screening Analysis or Health Risk Assessment to the SJVAPCD for review. Development projects that exceed the applicable thresholds established by the SJVAPCD shall implement mitigation sufficient to reduce potential impacts to the extent feasible.

MM AIR-3c: To identify potential implementing development project-specific impacts resulting from the use of diesel trucks, proposed implementing development projects that include an excess of 10 dock doors for a single building, a minimum of 100 truck trips per day, 40 truck trips with Transport Refrigeration Units (TRUs) per day, or TRU operations exceeding 300 hours per week, and that are with 1,000 feet from existing or planned sensitive land uses; shall have a facility-specific Health Risk Assessment performed to assess the diesel particulate matter impacts from mobile source traffic generated by that implementing development project. If applicable, the results of the Health Risk Assessment shall be included in the CEQA documentation for each implementing development project. Development projects that exceed the applicable thresholds established by the SJVAPCD shall implement mitigation sufficient to reduce potential impacts to the extent feasible.

Biological Resources
Impact BIO-1. Have a substantial adverse
effect, either directly or through habitat
modifications, on any species identified as a
candidate, sensitive, or special status species
in local or regional plans, policies, or
PS Mitigation Measure BIO-1: Special-Status Species Surveys and Avoidance. The Project shall implement the following measures to avoid and minimize for impacts on special-status species due to construction activities. • Pre-Construction Surveys. The Project shall conduct parcel species biological evaluation(s) to determine the project-specific impacts. The LTS

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City of Porterville – South of Tule River Master Plan | 14 regulations, or by the California Department
of Fish and Wildlife or the U.S. Fish and
Wildlife Service
evaluation(s) may require foot surveys and detailed habitat mapping, wetland delineation, special status plant survey(s), and protocol-level surveys for species of concern, including American badger, Northern California legless lizard, Vernal pool fairy shrimp, and San Joaquin adobe sunburst.
• Environmental Awareness Training. A qualified biologist shall conduct tailgate meeting to train construction staff on special status species that occur/may occur on the project site.
• Biological Monitoring During Construction: In case of the accidental death or injury of a special-status species during construction-related activities, USFWS and CDFW will be contacted immediately by phone and notified in writing within three working days.

Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the

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City of Porterville – South of Tule River Master Plan | 15 biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.

1. If no Swainson’s hawk nests are found, no further action is required.

These buffers may need to increase depending on the sensitivity of the nesting Swainson’s hawk to disturbances and at the discretion of the qualified biologist.

Mitigation Measure BIO-4: San Joaquin Kit Fox Surveys and Avoidance. Preconstruction surveys shall be conducted by a qualified biologist within 10 days prior to the start of any construction activities. Qualified biologist shall conduct preconstruction surveys in accordance with USFWS Standard Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011).

1. If no active or potential den is detected in or adjacent to work area during the survey, no further action is required.

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City of Porterville – South of Tule River Master Plan | 16

2. If active or potential den is detected in or adjacent to work area during the pre-construction survey, the den shall not be disturbed or destroyed.

Compliance with USFWS Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) required. USFW and CDFW will be immediately contacted to determine best course of action. Construction activities shall be carried out in a manner that minimizes disturbance to kit foxes.

In case of the accidental death or injury of a San Joaquin kit fox during constructionrelated activities, USFWS and CDFW will be contacted immediately by phone and notified in writing within three working days.

Impact BIO-3. Have a substantial adverse
effect on state or federally protected
wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
PS Mitigation Measure BIO-5: Wetland Delineation. Prior to the start of ground disturbance activities on APN 256-040-044, the applicant shall consult with the California Department of Fish and Wildlife (CDFW), the U.S. Department of Fish and Wildlife Service (USFWS), and U.S. Army Corps of Engineers to conduct a formal Wetland Delineation.

LTS
Cultural Resources
Impact CUL-1. Cause a substantial adverse
change in the significance of a historical
resource pursuant to Section 15064.5
PS Mitigation Measure CUL-1: Prior to permit approval for development on sites with existing buildings and/or structures that are 45 years or older, a historical resources evaluation shall be completed for that individual site to confirm if the existing buildings and/or structures within these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensivelevel evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area. All properties 45 years of age or older shall be evaluated within their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

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City of Porterville – South of Tule River Master Plan | 17 architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the city’s review and approval. Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research.

The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

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City of Porterville – South of Tule River Master Plan | 18 collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Mitigation measures may include avoidance, preservation in-place, recordation, additional archaeological testing and data recovery, among other options.

Treatment of any significant cultural resources shall be undertaken with the approval of the City of Porterville. The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Southern San Joaquin Valley Information Center (SSJVIC). The resources shall be photo documented and collected by the archaeologist for submittal to the City of Porterville. The archaeologist shall be required to submit to the City of Porterville for review and approval a report of the findings and method of curation or protection of the resources. This report shall be submitted to the SSJVIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities. Further grading or sitework within the area of discovery shall not be allowed until the preceding steps have been taken.
d. Data Recovery. Should the results of item c. yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology. Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5, Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s). As applicable, the final Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

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City of Porterville – South of Tule River Master Plan | 19 Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries. The final report shall be submitted to the SSJVIC upon completion. e. Disposition of Cultural Resources. Upon coordination with the City of Porterville, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines. f. Cultural Resources Monitoring. If mitigation measures are recommended by reports written under item c. or d., the project applicant shall retain a qualified archaeologist to monitor project-related, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts.

Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the SSJVIC.

Impact CUL-2. Cause a substantial adverse
change in the significance of an
archaeological resource pursuant to Section
15064.5
PS Mitigation Measure CUL-2 (See above) LTS
Geology and Soils
Impact GEO-6. Directly or indirectly destroy
a unique paleontological resource or site or
unique geologic feature
LTS Mitigation Measure GEO-1: If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

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City of Porterville – South of Tule River Master Plan | 20 avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects or such effects must be mitigated. Construction in that area shall not resume until the resource-appropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the City of Porterville, Community Development Department.

Mineral Resources
Impact MIN-1. Result in the loss of
availability of a known mineral resource that
would be of value to the region and the
residents of the state
PS Mitigation Measure MIN-1: If development is proposed within the Project site designated as MRZ-3a, a soils reports and investigation shall be prepared prior to the approval of building permits to ensure that availability of valuable aggregate deposit will not decrease.

LTS
Noise
Impact NOI-1. Generation of a substantial
temporary or permanent increase in
ambient noise levels in the vicinity of the
project in excess of standards established in
the local general plan or noise ordinance, or
in other applicable local, state, or federal
standards
PS Mitigation Measure NOI-1: Prior to project approval of residential development within the SoTu Master Plan, the City of Porterville shall ensure that proposed residential structures are located at least 157 feet from the centerline of Westwood Street, 409 feet from the centerline of SR 190 (Poplar Avenue), 137 feet from the centerline of Newcomb Street, and 674 feet from SR 65. If the project does not provide the listed setback for residential structures, sound walls shall be proposed to ensure that exterior noise of the residential site would not exceed 60 dB Ldn. If the project proposes sound walls in place of setbacks from roadway centerlines, a noise study shall be conducted as evidence that the sound wall is sufficient to maintain an exterior noise of 60 dB Ldn or 70 dB Ldn.

Mitigation Measure NOI-2: Prior to ground disturbing activities for projects within the SoTu Master Plan, the City of Porterville shall ensure the following with the Project proponent:
• Per the City of Porterville Municipal Code, construction activities should not occur outside the hours of 6:00 a.m. to 9:00 p.m. during weekdays and 7:00 a.m. to 5:00 p.m. on weekends. Construction activities that occur outside these hours would be subject to the stationary noise standards as set forth in the City of Porterville Municipal Code Section 18-90.4. • All construction equipment shall be properly maintained and muffled as to minimize noise generation at the source.
• Noise-producing equipment shall not be operating, running, or idling while not in immediate use by a construction contractor.

LTS

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City of Porterville – South of Tule River Master Plan | 21 • All noise-producing construction equipment shall be located and operated, to the extent possible, at the greatest possible distance from any noisesensitive land uses. • Locate construction staging areas, to the extent possible, at the greatest possible distances from any noise-sensitive land uses.
• Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a designated noise disturbance coordinator.

Tribal Cultural Resources
Impact TRI-1. Listed or eligible for listing in
the California Register of Historical
Resources, or in a local register of historical
resources as defined in Public Resources
Code section 5020.1(k), or
PS Mitigation Measure CUL-1 and MM CUL-2 (See Above) LTS Impact TRI-2. A resource determined by the
lead agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in subdivision (c)
of Public Resources Code Section 5024.1. In
applying the criteria set forth in subdivision
(c) of Public Resource Code Section 5024.1,
the lead agency shall consider the
significance of the resource to a California
Native American tribe.

PS (See Above) LTS
LTS = Less than Significant PS = Potentially Significant SU = Significant and Unavoidable

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City of Porterville – South of Tule River Master Plan | 22 2 INTRODUCTION
This Focused Environmental Impact Report (“Focused EIR”) has been prepared on behalf of the City of Porterville to evaluate the environmental impacts of the South of the Tule River (“SoTu”) Master Plan (“Project” or “proposed Project”). The City of Porterville (“City”) is the Lead Agency responsible for ensuring that the proposed Project complies with CEQA. It is the intent of this EIR to provide the City of Porterville, decision makers, and the general public with the relevant environmental information to use in considering the required approval for the proposed Project.

2.1 Purpose and Intended Uses of this Focused EIR
This EIR has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) Section 21000, et seq.) and the CEQA Guidelines (California Code of Regulations (CCR), Title 14, Chapter 3, Section 15000, et seq.) as amended. The City of Porterville (“City”) is the Lead Agency responsible for ensuring the Project complies with CEQA and for approving the Project.

The environmental analysis contained in the Initial Study and this Focused EIR is tiered from the Porterville 2030 General Plan Environmental Impact Report (EIR SCH #2006011033). A copy of the EIR may be reviewed at Porterville City Hall.

Pursuant to PRC Section 21094 and CEQA Guidelines Section 15168(d), this Project has been evaluated in the Initial Study with respect to each item on the environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the General Plan EIR.

Based upon the evaluation guided by the environmental checklist form, it was determined that there are no foreseeable substantial impacts from the Project that are additional to those identified in the General Plan EIR, after the incorporation of project-specific mitigation measures in the Mitigation Monitoring and Reporting Program, except for impacts related to Air Quality.

The City prepared an Initial Study to analyze the proposed Project. The Initial Study identified the potential for significant environmental effects in certain resource areas. As defined by CEQA Guidelines Section 15382, “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of physical conditions within the area affected by the project including land, air, water, minerals, flora, ambient noise, and objectives of historic or aesthetic significance. According to CEQA Guidelines Section 15064(f)(1), preparation of an EIR is required if the Lead Agency determines there is substantial evidence in the record that the project may have a significant effect on the environment.

Pursuant to CEQA Guidelines Section 15126.2(a), the discussion of potential environmental impacts in the EIR shall be focused on those impacts that the Lead Agency has determined may be potentially significant.

In the Initial Study prepared for the proposed Project, the City has determined that the Project could result in potentially significant impacts in the following topic area, which will therefore be further analyzed in the Focused EIR:
• Air Quality: operational emissions for full buildout of the SoTu Master Plan in the earliest operational year exceed the significance thresholds for non-permitted sources, including ROG, NOX,

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City of Porterville – South of Tule River Master Plan | 23 CO, PM10, and PM2.5; and development contemplate under the proposed Project would result in emissions of several Toxic Air Contaminants and health risk impacts that could impact existing and future sensitive receptors.

When an EIR identifies one or more significant effects, the Lead Agency shall make a finding under Section 15091 for each significant effect and may need to make a Statement of Overriding Considerations under Section 15093. The Lead Agency must articulate and adopt findings to issue a Statement of Overriding Considerations, which explains in writing the specific economic, social, or other considerations that they believe, based on substantial evidence, make those significant effects acceptable.

CEQA allows a Lead Agency to limit the detail of discussion of the environmental effects that are not considered potentially significant (PRC Section 21100, CEQA Guidelines Sections 15126.2(a) and 15128).

Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study (CEQA Guidelines Section 15143). Environmental issues that are “scoped out” of the Focused EIR are listed below. Supporting evidence for this determination is provided in the Initial Study. The Focused EIR also includes an explanation for why these issues would not result in significant environmental effects and are not required to be evaluated further. The Initial Study is provided in Appendix A. • Aesthetics
• Agriculture and Forestry Resources
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Has Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal and Cultural Resources
• Utilities and Service Systems
• Wildfire
The purpose of this Focused EIR is to evaluate the potential environmental impacts associated with implementing the Project ; examine methods of reducing adverse environmental impacts; identify any significant and unavoidable adverse impacts that cannot be mitigated; identify reasonable and feasible alternatives to the proposed project that would eliminate any significant adverse environmental effects or reduce the impacts to a less than significant level; and inform the public and decision makers. The Lead Agency is required to consider the information in the EIR, along with any other relevant information, in making decisions on the proposed Project. This analysis, in and of itself, does not determine whether a project will be approved, but aids the planning and decision-making process by disclosing the potential for significant and adverse impacts.

2.2 Environmental Review Process
The environmental review process began with a brief notice, “Notice of Preparation” or “NOP”, sent by the City to notify the responsible agencies, trustee agencies, the Office of Planning and Research, and the public

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City of Porterville – South of Tule River Master Plan | 24 that the City plans to prepare an EIR for the proposed Project. The purpose of the NOP was to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. The NOP was distributed on March 20, 2024, to responsible agencies, trustee agencies, the Office of Planning and Research, and private organizations and individuals that may have interest in the Project.

The NOP was made available at Porterville City Hall and online. A public scoping meeting was held virtually on April 3, 2024, at 5:30 pm. Responses to the NOP are provided in Appendix B.

The CEQA Guidelines encourage public participation in the planning and environmental review processes.

The City will provide opportunities for the public to present comments and concerns regarding the CEQA document and planning processes. These opportunities will occur during the Draft Focused EIR public review and comment period.

This Focused EIR and Notice of Availability are posted electronically, printed, and are being circulated for agency and public review and comment for 45 days. Comments may be submitted to the Lead Agency within this timeframe. Copies of the Draft Focused EIR, Notice of Availability, and proposed Master Plan may be downloaded at, www.ci.porterville.ca.us/departments/community_development/planning.php, or reviewed at the following location during normal business hours:

City of Porterville, Community Development Department
291 N. Main Street
Porterville, CA 93257
-ANDPorterville Public Library
50 W. Olive Avenue, Suite B
Porterville, CA 93257
Responsible agencies, trustee agencies, the Office of Planning and Research, and the public can comment on this Draft Focused EIR during the 45-day public review period. Written comments on this Draft Focused EIR should be addressed to:

Claudia Calderon, Community Development Director
City of Porterville, Community Development Department
291 N. Main Street
Porterville, CA 93257
Email: [email protected] or [email protected] Upon completion of the public review and comment period, a Final Focused EIR will be prepared that includes the Draft Focused EIR, comments and recommendations received on the Draft Focused EIR either verbatim or in summary, a list of commenting persons, organizations, and public agencies, and responses to comments received. The Draft Focused EIR and Final Focused EIR will comprise the EIR for the proposed Project. Prior to adopting the proposed Project, the Lead Agency shall certify that the Focused EIR has been prepared in compliance with CEQA, that the decision-making body (i.e., City Council) has reviewed and

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City of Porterville – South of Tule River Master Plan | 25 considered the information in the Focused EIR, and that the Focused EIR reflects the independent judgment of the Lead Agency.

2.3 Scope of the Draft EIR
The City prepared an Initial Study to analyze the proposed Project. In the Initial Study prepared for the proposed Project, the City has determined that the Project could result in potentially significant impacts in the following topic area, which will therefore be further analyzed in the Focused EIR: Air Quality. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur are not discussed further in the EIR unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study (CEQA Guidelines Section 15143). This Draft Focused EIR includes an evaluation of Air Quality, as well as other CEQA-mandated issues including cumulative impacts, growth-inducing impacts, significant unavoidable impacts, and alternatives. All other topics that were evaluated in the Initial Study were determined to be less than significant, and mitigation measures were included as required to reduce potentially significant impacts. These topics will not be addressed in detail in this document but can be found in Appendix A. The NOP and comment letters received are included in Appendix B.

2.4 Draft EIR Organization
This Draft Focused EIR is organized into the following chapters:
• Chapter 1. Executive Summary: Provides a summary of the impacts that would result from implementation of the Project, describes mitigation measures recommended to reduce or avoid significant impacts, and describes the alternatives to the Project. • Chapter 2. Introduction: Discusses the overall EIR purpose, provides a summary of the Project, describes the EIR scope, and summarizes the organization of the EIR. • Chapter 3. Project Description: Provides a description of the Project, the Project objectives, and uses of this EIR.
• Chapter 4. Setting, Impacts, and Mitigation Measures: Describes the following for Air Quality: existing conditions (setting), potential environmental impacts and their level of significance, and mitigation measures recommended to mitigate identified impacts. Potential adverse impacts are identified by levels of significance, as follows: less than significant impact, significant impact, and significant and unavoidable impact. The significance of each impact is categorized before and after implementation of any recommended mitigation measures(s).
• Chapter 5. CEQA-Required Conclusions: Provides an analysis of effects found not to be significant, growth-inducing impacts, unavoidable significant environmental impacts, significant irreversible changes, and cumulative impacts.
• Chapter 6. Alternatives: Provides an evaluation of alternatives to the Project, including the No Project (No Build) Alternative, the No Project (Existing General Plan Land Use) Alternative, and the Reduced Density Alternative.
• Chapter 7. Report Preparation: Identifies preparers of the EIR, primary contacts, and the persons and organizations contacted.
• Appendices: The appendices contain the Initial Study, Notice of Preparation, and other documentation prepared in conjunction with this EIR.

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City of Porterville – South of Tule River Master Plan | 26 3 PROJECT DESCRIPTION
The following Project description serves as the basis for the environmental analysis contained in this Focused EIR .

A description of the Plan Area, Project background, Master Plan objectives, and existing land use designations and zoning districts are followed by the characteristics of the Project, potential permits and approval required, and subsequent entitlements and approvals. The City of Porterville is the Project proponent and Lead Agency for evaluation of the Project pursuant to CEQA and has final authority to approve the Project.

3.1 Project Area

3.1.1 Location
The Plan Area comprises approximately 447 acres (gross) and 19 parcels located directly southwest of the City Limits, bound to the north by the Tule River, south by State Route 190, east by State Route 65, and west by Westwood Street. The Plan Area currently lies within unincorporated Tulare County, with approximately 53% of the Plan Area within the Sphere of Influence (SOI). The Plan Area lies within Sections 33 and 24, Township 21 South, Range 27 East, Mount Diablo Base and Meridian. The regional location of the Plan Area is shown in Figure 3-1 and an APN Map of the Plan Area is shown in Figure 3-2.

While the Plan Area is located outside City Limits, it is within Porterville’s General Plan Planning Area, or the “Urban Area Boundary” (UAB). The UAB is an administrative boundary created by the City that establishes where the County and City coordinate plans and policies relating to street and highway construction, public utility systems, and future right of way preservation. The eastern half of the Plan Area is within the City’s Urban Development Boundary (UDB); the western half of the Plan Area is outside the UDB. The UDB is an administrative boundary created by the City that defines urban edges to reflect a commitment to focus future growth within the city to prevent urban sprawl and protect environmentally sensitive areas.

Development of the Plan Area would require amending the LAFCo-adopted SOI, annexation to the City of Porterville, in addition to “pre-zoning” the lands to be developed within a zoning district that is consistent with the planned land use designation identified in the Porterville General Plan.

3.1.2 Setting and Surrounding Uses
The predominant existing land uses within the Plan Area are agriculture and rural residences. Existing land uses to the north of the Plan Area beyond the Tule River and to the east are single-family residential uses. Existing land uses to the south and west include a mix of residential, services, vacant, and agriculture uses. Aerial imagery of the Plan Area is shown in Figure 3-3. As referenced in Table 3-1, all properties to the north, east, and west are planned and zoned for residential and public uses, and properties to the south are planned and zoned with a mix of industrial, retail, residential, and office uses.

Table 3-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties Direction from
the Project site
Existing Land Use Planned Land Use Zone District
North
Tule River, SingleFamily Residential
Parks, Low Density Residential
RS-1 – Very Low Density Residential,
RS-2 – Low Density Residential, PD –
Planned Development, PK – Parks
and Public Recreation Facilities

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City of Porterville – South of Tule River Master Plan | 27 South
SR 190, Agriculture,
Residential,
Healthcare center
Industrial Park, Retail Center,
Low Density Residential,
Professional Office
IP – Industrial Park, CR – Retail
Centers, RS-1 – Very Low Density
Residential, PO – Professional Office
East
SR 65, Single-Family
Residential
Low Density Residential, Public
Institution
PK - Parks and Public Recreation
Facilities, PD – Planned Development
West
Agriculture, SingleFamily ResidentialVery Low Density Residential, Parks
RS-1 – Very Low Density Residential

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City of Porterville – South of Tule River Master Plan | 28 Figure 3-1 Regional Location

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City of Porterville – South of Tule River Master Plan | 29 Figure 3-2 APN Map

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City of Porterville – South of Tule River Master Plan | 30 Figure 3-3 Aerial Image of Plan Area

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City of Porterville – South of Tule River Master Plan | 31

3.1.3 Existing Circulation Network
The Plan Area has little to no existing circulation network. Street frontage includes State Route 190 adjacent south, State Route 65 adjacent east, and South Westwood Street adjacent west to the Plan Area. The highways (south, east, west) and the Tule River (north) have prevented any major circulation improvements.

The General Plan calls for Newcomb Street to be a four (4)-lane north-south major arterial to extend south with a bridge over the Tule River to access the site and a grade separation (overpass) at State Route 190.

Additionally, the General Plan has a collector planned for the east-west direction that eventually turns north to connect at the Prospect Street alignment with another planned bridge over the Tule River.

3.1.4 Existing Land Uses
Most of the Plan Area has historically been used for agriculture including orchard and row crops, continuously for at least the past 50 years. The Plan Area is predominantly occupied by agricultural operations with a few single-family residential dwellings. Aerial imagery of the Plan Area is shown in Figure 3-3. Existing land uses in the Plan Area are summarized in Figure 3-3 and described in Table 3-2 and Table 3-3. The types of crops in the Plan Area are shown in Figure 3-4.

Table 3-2 Summary of Existing Land Uses
Use Type Total Unit
Active agriculture and agricultural
related uses (e.g., well, ditch)
365.41 acres
Open space/vacant/undeveloped (no
active uses)

70.92 acres
Single-family residential uses 10 units
Table 3-3 Existing Land Use on the Project site
APN Acreage Address Existing Land Use
259-030-011 75.84
1260 W Poplar Ave Porterville, CA
93257
Agriculture (field and seed)
259-030-031 66.62 - Agriculture (orchard)
259-040-010 0.06 - Well Site
259-040-025 1.02
2040 W Poplar Ave Porterville, CA
93257
1,945 sf. single-family dwelling built in 1990,
a storage shed, and two (2) metal
structures.
259-040-026 1.00
2002 W Poplar Ave Porterville, CA
93257
1,716 sf. single-family dwelling built in 1995
259-040-027 1.05
1960 W Poplar Ave Porterville, CA
93257
2,797 sf. single-family dwelling built in 2006
259-040-028 1.00
1918 W Poplar Ave Porterville, CA
93257
A single-family dwelling and a storage shed.
259-040-039 50.94
512 S Westwood Rd Porterville, CA
93257
Mostly vacant land, 1,008 sf. single-family
dwelling, and 2,580 sf. and 625 sf. metal
structures.
259-040-041 39.34 - Agriculture (field and seed)

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City of Porterville – South of Tule River Master Plan | 32 259-040-042 1.65
2186 W Poplar Ave Porterville, CA
93257
1,536 sf. single-family dwelling with 6 metal
structures
259-040-043 1.65
2176 W Poplar Ave Porterville, CA
93257
one mobile home and one metal structure
259-040-044 103.53 - Agriculture (orchard)
259-040-045 25.13
730 S Westwood Rd #B Porterville, CA
93257
Agriculture (orchard) with a single-family
dwelling and 10 accessory structures
259-040-046 1.25 -
Poplar Ditch (owned by Lower Tule River
Irrigation District)
259-150-001 25.03 -
Agriculture (orchard), vacant land north of
Tule River
259-270-004 28.67 - Agriculture (orchard)
259-320-001 3.55
362 S Westwood Rd Porterville, CA
93257
2 single-family dwellings
259-320-002 14.67
362 S Westwood Rd Porterville, CA
93257
3 structures, mostly vacant land
259-370-058 5.31 -
Tule River floodplain (owned by City of
Porterville)
Total 447.30 -

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City of Porterville – South of Tule River Master Plan | 33 Figure 3-4 Crop Mapping of the Plan Area
Source: Statewide Crop Mapping on California Natural Resources Agency (CRNA) Open Data Portal: https://data.cnra.ca.gov/dataset/statewide-crop-mapping

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City of Porterville – South of Tule River Master Plan | 34

3.2 Project Background
Due to historical trends in development, a significant portion of Porterville's housing stock consists of traditional, detached, single-family dwelling units, making up nearly 75% of all residential units. While these single-family homes are integral to the City’s character, several factors have combined to necessitate a broader range of housing options. These factors include increasing housing costs, diminishing availability of suitable land for development, and evolving State housing requirements in the local community and larger region.

Although there is undeveloped land within the City Limits, most of the available land is located on the eastern side of the city. That area contains expansive adobe clay soils which tend to increase construction costs and can therefore be cost prohibitive. Other physical factors impacting development of available land within City Limits include intersecting state highways and expressways, the Tule River, Porter Slough, the former Santa Fe Railroad, Friant-Kern Canal, Scenic Heights, East Porterville, current and active farmland, and Rocky Hill and surrounding slopes. The City has taken these constraints into consideration to identify new growth areas that are suitable for development.

The southwestern edge of the City, south of the Tule River, has been identified by the City as an area with favorable soil conditions, topography, and access to urban services including utility and roadway infrastructure. The City has identified this area, south of the Tule River or “SoTu,” as a logical new growth area that will be geographically balanced with existing and planned growth in the northwest and eastern portions of the city. More than 447acres of land is available in this area with an immense opportunity to plan for residential growth with employment-generating land uses.

Under the 6th Cycle of the Regional Housing Needs Allocation, the City of Porterville was allocated 4,064 units, up from the 3,196 units allocated in the 5th Cycle. As of January 2022, the City still had 2,800 units remaining to meet its 5th Cycle allocation. At present, the Plan Area is approximately 447 acres of unincorporated, undeveloped, agricultural land with pockets of single-family residences, abutting the City Limits. Concurrently with the preparation of the Master Plan, the City is also undergoing a multijurisdictional Housing Element Update. The SoTu Master Plan will be integral to the City’s efforts to meet housing production goals in the coming years.

The SoTu Master Plan is intended to facilitate the development of the Plan Area as it transitions from agricultural and rural residential land into a new district with a mix of residential, commercial, public, and open spaces. The Master Plan would not only provide overarching guidance and broad policy concepts, but also provide information of the type, location, and intensity of uses; define capacity and design for necessary public improvements; and determine the resources necessary to finance and implement infrastructure needed to support the development of the Plan Area.

The two most critical components of the Master Plan are the 1) Circulation Element policies and implementation framework to ensure connectivity (evaluating the proposed bridge at Tule River and Newcomb Street and proposed roundabout at State Route 190 and Newcomb Street) and integration into established areas of the City while also emphasizing active transportation, and 2) the Land Use Element for establishment of mixed-use development and a mix of densities and residential districts to facilitate housing production and feasibility of the Plan Area which is envisioned to be a “district,” where a district means an

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City of Porterville – South of Tule River Master Plan | 35 urbanized area with multiple activities (i.e., housing, employment, education, recreation, etc.) that are interconnected and support a unique character, identify, and sense of place for its users, residents, and visitors.

The goal of the Master Plan is to facilitate development as it occurs in the Plan Area in a way that is logical and active transportation focused. As part of this concept, there is an emphasis on reducing trips taken by automobiles in favor of active transportation options for intra-district trips. The 2030 General Plan currently designates approximately 237 acres of the Plan Area as Low Density Residential with no additional residential designations. This creates the potential to build 991 dwelling units at a maximum density of 6.0 dwelling units per acre. By allowing for mixed-use development at a mix of densities, connected by a multimodal transportation network, the Plan Area could accommodate 2,213 residential units at an assumed density while balancing the need for commercial areas and ample dedicated public spaces throughout the Plan Area (See Section 3.5.2 Features of the Master Plan for assumed development density and calculations).

3.3 Project Objectives
The SoTu District is envisioned to be a neighborhood with an innovative, sustainable, and balanced land use pattern offering a large variety of housing opportunities and job opportunities. The District will include viable, pedestrian-oriented neighborhood centers and a mix of uses that is attractive to residents and visitors alike to live, work, explore, and shop. The SoTu Master Plan is designed and intended to implement a series of goals that will promote quality mixed use development in the District. The Master Plan is intended to meet the vision of the Porterville General Plan and further refine the guiding and implementation policies. The objectives identified below have been incorporated throughout the Master Plan.

Goal 1: Implement mixed use zoning to encourage residential, commercial, industrial, and open space in the plan area to foster a more diverse and balanced development pattern.

Objective 1.1. Designate lands to allow for mixed-use developments incorporating residential, commercial, office, and open space components.

Objective 1.2. Identify key areas within the plan area suitable for mixed-use development based on accessibility to existing and planned infrastructure.

Goal 2: Promote alternative modes of transportation and transit-oriented development that create walkable communities to reduce traffic and air quality impacts.

Objective 2.1. Create complete streets to increase the connectivity of pedestrian and bicycle infrastructure to encourage non-motorized transportation options Objective 2.2. Create compact neighborhoods with a defined, mixed-use center including public open space, a school or other community facilities, and neighborhood commercial.

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City of Porterville – South of Tule River Master Plan | 36 Goal 3: Provide a wide variety of housing types, designs, and lot sizes to serve the range of household types and incomes. The housing mix will be a combination of housing types rather than a combination of residential densities.

Objective 3.1. Develop a land use plan that includes a mix of single-family homes, townhouses, apartments, and affordable housing units.