Porterville City Council
December 17, 2024

ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 200, SERIES 300, AND SERIES 700 OF THE PORTERVILLE

DEVELOPMENT ORDINANCE
WHEREAS: On December 17, 2024 the City Council at its regularly scheduled meeting held a public hearing to consider amendments to the Porterville Development Ordinance; and
WHEREAS: Said amendments are intended to implement Programs 4, 5, and 6 of the City of Porterville 5th-Cycle Housing Element; and
WHEREAS: The Environmental Coordinator made a determination on the basis of substantial evidence that, since the amendments would not result in a new type of permitted use or in uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed amendments would have a significant effect on the environment.

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

SECTION 1: The proposed amendments to Series 200, 300, and 700 of the Porterville Development Ordinance are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3).

SECTION 2: Table 200.02, Land Use Regulations – Agriculture/Rural/Conservation Districts, of Section 200.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION

DISTRICTS
Use Classification AC RR Additional Regulations
Residential Uses
Single Family Dwelling See sub-classifications below
Detached P P
Family Day Care Home See sub-classifications below
Small P P
Large P P Section 301.07 Family Day Care Home, Large
Group Residential - P(1)
Residential Care Facilities See sub-classifications below Ordinance No. _______

TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION

DISTRICTS
Use Classification AC RR Additional Regulations
Residential Care Facilities,
Limited
P P
Large C C
Employee Housing P P
Public and Semi-Public Uses
Religious Facilities - C
Social Service Facilities C C Section 301.19, “Social Service Facilities” Commercial Uses
Animal Care, Sales and Services See sub-classifications below Kennels M M
Veterinary Services, Large C C
Transportation, Communication, and Utilities Uses
Communication Facilities See sub-classifications below
Antenna and Transmission
Towers, camouflage facilities
P P Section 301.20 Telecommunication Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M M Section 301.20 Telecommunication Facilities
Utilities, Minor P P
Agricultural and Extractive Uses
Animal Raising P P(2)
Crop Cultivation, Commercial P P Section 301.06 Crop Cultivation Crop Cultivation, Noncommercial
P P
Mining and Quarrying C(3) -
Agriculture Employee Housing P P
Other Applicable Types
Accessory Uses and Structures P P Section 301.01 Accessory Uses and Structures Animal Keeping P P Section 301.03 Animal Keeping
Caretaker Unit P(4) -
Home Occupations P P Section 301.09 Home Occupations
Second Dwelling Unit P P Section 301.16 Second Dwelling Units Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Ordinance No. _______

TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION

DISTRICTS
Use Classification AC RR Additional Regulations
Specific Limitations:

1. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

2. Limited to 4-H and FFA projects, recognized youth organizations, school projects, and other similar projects when conducted in compliance with the public health and animal laws of the City and to the keeping of bovine animals, horses and other equine animals, sheep and goats on lots 20,000 sq ft or more. The shelter for such animals shall not be closer than 50 feet to any residences.

3. In areas designated as Mineral Resource Zones in the General Plan.

4. For agricultural employees, when located on farms or ranches containing more than 10 acres. Such dwellings shall be a permanent structure.

SECTION 3: Table 201.02, Land Use Regulations – Residential Districts, of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential Uses
Single Family Dwelling See sub-classifications below
Attached - P P - P - P -
Detached P P P - P - P -
Multi-Family Residential - - P P P Section 201.04(b)
Family Day Care Home See sub-classifications below
Small P P P P P
Large P P P P P Section 301.07 Family Day
Care Home, Large
Group Residential P(1) P(1) P(1) P P
Mobile Home Parks - - C(2) C(2) C(2) Section 301.10 Manufactured Homes; Section 301.11
Mobile Home Parks
Residential Care
Facilities
See sub-classifications below
Residential Care
Facilities, Limited

P P P P P
Large C C C C C
Employee Housing P P P P P
Ordinance No. _______

TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Single room occupancy
hotels
- - C C C Section 301.18, “Single
Room Occupancy Hotels
Public and Semi-Public Uses
Clubs and Lodges - - - C C Section 301.02 Alcoholic
Beverage Sales
Community Centers - - C C C
Cultural Institutions - - - C C
Elderly and Long-term
Care
- - - C P
Park and Recreation
Facilities, Public

P P P P P
Religious Facilities C C C C C
Residential Care Facilities,
General
- - C C C Section 301.15 Residential
Care Facilities, General
Schools, Public or Private P P P P P
Parking, Public or Private C(4) C(4) C(4) C(4) C(4) Section 304.05 Location of Required Parking
Social Service Facilities -C -C -C -C CP Section 301.19 Social Service Facilities
Commercial Uses
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Coffee Shops/Cafes - - - - M(3) Section 300.08 Outdoor
Seating
Restaurants - - - - C(3) Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Bed and Breakfasts - - - C C
Transportation, Communication, and Utilities Uses
Utilities, Minor P P P P P
Agricultural and Extractive Uses
Crop Cultivation,
Commercial
M M M M M Section 301.06 Crop
Cultivation
Crop Cultivation, NonCommercial

P P P P P
Agriculture Employee
Housing

P P P P P
Ordinance No. _______

TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Other Applicable Types
Accessory Uses and
Structures
P P P P P Section 301.01 Accessory
Uses and Structures
Animal Keeping P P P P P Section 301.04 Animal
Keeping
Home Occupations P P P P P Section 301.09 Home
Occupations
Second Dwelling Unit P P P P P Section 301.16 Second
Dwelling Units
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

2. Limited to sites with a minimum gross site area of 10 acres.

3. Limited to a restaurant or café/coffee shop accessory to a mobile home court or a private club or lodge when such use has no direct access off a public street and accommodates only residents, members, or their guests.

4. Permitted in conjunction with an existing Public and Institutional Use.

SECTION 4: Table 202.02, Land Use Regulations – Downtown Districts, of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Residential Use Classifications
Single Family Dwelling See sub-classifications below
Attached P(1) - - - P P - - -
Multi-family Residential P(1) P(2) - P P P P(1) - - Section 201.04(b) Family Day Care Home See sub-classifications below
Small P P - P P P P - -
Large - - - P P P - - - Section 301.07 Family Day Care
Home, Large
Group Residential - - - P(3) P P - - -
Mixed Use Development C Section 203.04 Supplemental
Regulations
Residential Care
Facilities
See sub-classifications below
Residential Care
Facilities, Limited

P P - P P P P - -
Large C C - C C C C - -
Single Room Occupancy
Hotels
-C -C - C(1) -C -C -C - - Section 301.18 Single Room
Occupancy Hotels
Employee Housing P(1) P(2) - P P P P(1) - -
Public and Semi-Public Use Classifications
Clubs and Lodges C(4) P P P - - P(5) P - Section 301.02 Alcoholic Beverage Sales
Ordinance No. _______

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Colleges and Trade
Schools, Public or
Private
C(5) C C C - - C C P
Community Center - - - C - - - - P
Cultural Institutions C(5) C C C - - P C P
Day Care Centers C C C C C C P - C
Elderly and Long Term
Care
- - - - P P P - -
Government Offices P P P - - - P - P
Instructional Services P(5) P P P - - P P P
Park and Recreation
Facilities, Public

P P P P P P P P P
Religious Facilities - - - C C C - - -
Residential Care
Facilities, General
- - - - C C - - - Section 301.15 Residential Care
Facilities, General
Schools, Public or
Private
P(4) P P P - - - - P
Social Service Facilities -C -C - CP CP CP -C - - Section 301.19 Social Service Facilities
Commercial Use Classifications
Animal Care, Sales, and
Services
See sub-classifications below
Kennels - - C - - - - C -
Pet Stores M(6) P(6) P(6) M(6) - - - P(6) -
Veterinary Services,
Small
- - C - - - - P(6) -
Ordinance No. _______

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Artists’ Studios P P P P - - - P -
Automobile/Vehicle
Sales and Services
See sub-classifications below
Automobile/Vehicle
Rentals.
- - - - - - - P -
Automobile/Vehicle
Sales and Leasing.
- C C(7) - - - - P -
Automobile/Vehicle
Service and Repair,
Major.
- P C - - - - C - Section 301.04 Automobile/Vehicle
Service and Repair, Major and
Minor
Automobile/Vehicle
Service and Repair,
Minor.
- P C(7) - - - - P - Section 301.04 Automobile/Vehicle
Service and Repair, Major and
Minor
Automobile/Vehicle
Service and Repair,
Washing.
- P - - - - - C - Section 301.05 Auto Service
Stations and Car Washing
Service Station - - - - - - - C - Section 301.05 Auto Service Stations and Car Washing
Banks and Financial
Institutions
See sub-classifications below
Banks and Credit
Unions
P(8) P(8) P P(8) - - P(8) P -
Building Materials and
Services
- - - - - - - P(9) -
Business Services P(10) P(10) P(10) P(10) - - P P -
Cannabis Dispensary P P P P - - - P - Municipal Code Chapter 15, Article VII
Ordinance No. _______

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Commercial
Entertainment and
Recreation
See sub-classifications below
Cinema/Theaters C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Downtown
Entertainment
- - C C - - - C C Section 301.02 Alcoholic Beverage
Sales
Small-scale C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Bars/Night
Clubs/Lounges
C C C C - - - C - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage
Sales
Coffee Shops/Cafes P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating Restaurants P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating; Section 301.02 Alcoholic Beverage
Sales
Tobacco Bars C C C C - - - C -
Food and Beverage
Retail Sales, less than
5,000 square feet
P P P P - - P(11) P P(11) Section 301.02 Alcoholic Beverage Sales
Food and Beverage
Retail Sales, more than
5,000 to 50,000 square
feet
P P P P - - - - - Section 301.02 Alcoholic Beverage
Sales
Hotels and Motels C C C C - - - C -
Bed and Breakfasts - - - P(3) - P(3) P(3) - -
Ordinance No. _______

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Maintenance and Repair
Services less than 1,500
square feet
- - - - - - - P(12) -
Medical Facilities See sub-classifications below
Medical Clinic - P P P - - P P P
Professional/Medical P(13) P P P - - P P P
Mixed Use Development C Section 203.04 Supplemental
Regulations
Nurseries and Garden
Centers
- C C C - - - P -
Offices See sub-classifications below
General Offices P(13) P P P - - P P P
Walk-In Clientele P P P P - - P P P
Parking, Public or
Private

P P P P P P P P P
Personal Services P P P P - - P P -
Retail Sales, less than
50,000 square feet
P P P P - - P(11) P -
Retail Sales, more than
50,000 square feet

C C C C - - - C -
Industrial Use Classifications
Handicraft/Custom
Manufacturing
- - - - - - - P -
Industry, Limited - - - - - - - C -
Recycling Facilities See sub-classifications below
Ordinance No. _______

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Reverse Vending
Machine
- P P P - - - P P Section 301.14 Recycling Facilities
Recycling Collection
Facility
- C - - - - - C C Section 301.14 Recycling Facilities
Transportation, Communication, and Utilities Use Classifications Communication
Facilities
See sub-classifications below
Antenna and
Transmission
Towers, camouflage
facilities
P(14) P(14) P(14) P(14) - - P(14) P(14) P(14) Section 301.20 Telecommunication Facilities
Antenna and
Transmission
Towers, noncamouflage facilities
C(14) C(14) C(14) C(14) - - C(14) C(14) C(14) Section 301.20 Telecommunication Facilities
Broadcasting Facility - M M M - - - M - Section 301.20
Telecommunication Facilities
Call Center - - - - - - P(5) P(5) P
Recording Studio - - P(6) P(6) - - - P(6) -
Transportation
Passenger Terminals
P(15) P(15) P(15) - - - - - -
Utilities, Minor P P P P P P P P P
Other Applicable Types
Accessory Uses and
Structures
P P P P P P P P P Section 301.01 Accessory Uses
and Structures
Home Occupations P P P P P P - - - Section 301.09 Home Occupations Ordinance No. _______

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Second Dwelling Unit - - - - P P - - - Section 301.16 Second Dwelling Unit
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Residential units allowed only on upper floors unless approved with a Conditional Use Permit. Common ancillary areas are allowed on the ground floor except on Main Street.

2. On Main Street, residential units are allowed only on upper floors unless approved with a Conditional Use Permit.

3. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

4. Allowed only on upper floors and limited to 5,000 square feet in size.

5. Limited to 5,000 square feet in size.

6. Provided that such use shall be completely enclosed in a building of soundproof construction.

7. Limited to uses conducted wholly within a building enclosed on all sides including the display, storage, repair, and reconditioning of vehicles.

8. Drive-through facilities are prohibited.

9. Bulk storage of sand, gravel, or cement is not allowed.

10. Wholesale services are not allowed.

11. Permitted only as accessory to a primary use.

12. No outdoor operations or outdoor storage are allowed.

13. Limited to 25 percent of ground floor area unless additional floor area is approved with a Conditional Use Permit. No square footage limitation on upper floors.

14. Shall not be located within 300 feet of any R district except as detailed in 301.20e.

15. Not allowed on Main Street. No repair or storage of vehicles is allowed.

SECTION 5: Table 202.03, Development Standards – Downtown Districts, of Section 202.03 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Lot, Density, and Block Standards
Minimum Lot Area (sq
ft)
- - - - 6,000 6,000 6,000 6,000 6,000
Minimum Lot Width (ft) - - - - 60 60 60 60 60
Minimum Lot Depth (ft) - - - - 75 75 75 75 75
Minimum Density
(dwelling units/acre)
- - - 15 - - - - -
Maximum Density
(dwelling units/net
acre)
No max, FAR applies to
combined Residential and
Non-residential
- 41.0 16.5 33.0 - - -
Maximum Block
Dimension (ft)
Dimension: 500; 600 with mid-block pedestrian way Section 202.04(b) Maximum Block Length
Building Form, Location, and Street Design
Maximum Height (ft) 50 on corner lots and lots over 2 acres; 40 on all other lots
40; 50
with CUP
35 40, 50
on
corner
lots
30; 40
with CUP
• 50 on corner
lots and lots
over 2
acres;
• 40 on
interior lots
Section 300.06 Heights
and Height Exceptions
Minimum Height (ft) Main St: 28 - - - - - - - -
Minimum Yards (ft) See sub-classifications below
Ordinance No. _______

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Front
(Main Street
frontage is always
considered the front
of the lot)
0 min; 10
max Shall be
paved on
Main St with
tile, stone,
brick,
concrete, or
comparable
material.

Commercial:
15 for
buildings, 10
for parking.

Main St and
Olive St: 10
min, 20 max
Residential:
15 10 min;
20 max
D St: 15
0; 10 on
Main St or
ground
floor
residential
20 15 15 min;
25 max
10 20 • Section 202.04(i)
Building Projections;
• Unless otherwise
stated, shall be
landscaped in accord
with Chapter 303
Landscaping.

Interior Side • Commercial: 0
• Residential: Where residential is allowed, every
unit shall have at least one window with a
minimum of 15 ft of clear separation from
another building or wall
1-2 stories: 5
3 or more stories:
10 5 0 20 Section 202.04(i)
Building Projections
Street Side or Rear
on a Street
Frontage
East of 2nd
St: 10;
Otherwise:
0 min; 10
max
10 10 0; 10 if on
Main St
and for
ground
floor
residential
10 10 15 10 20 • Section 202.04(i)
Building Projections;
and
• Unless otherwise
stated, shall be
landscaped in accord
with Chapter 303
Landscaping
Transitional – Street
side
5 15 15 15 15 15 Section 202.03(c)
Transitional Standards
Rear, not on a
Street Frontage
• Commercial: 0
• Residential: Where residential is allowed, every
unit shall have at least one window with a
minimum of 15 ft of clear separation from
another building or wall
10 10 0, 5 from
alley
0 20 Section 202.04(i)
Building Projections
Maximum Floor Area
Ratio, all uses

3.0 3.0 3.0 3.0 - - .50 1.0 .25(a)
Ordinance No. _______

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Maximum Building
Coverage (% of lot)
- - - - 50 60 - - 50
Minimum Percent of
Building at Setback
Line
- 50 (b) 50 (b) 50 (b) - - - - -
Parking
Maximum Curb Cut per
Lot or Street Frontage
One, none
on Main
Street
One, unless more are required by the City for public
services
One One, unless
more are
required by the
City for public
services
Section 202.04(d)
Parking
Maximum Curb Cut
Width (ft)
20 20 20 20 20 20 10 20 20
Landscaped Setback
between Parking and
Street (ft)
5 5; 10 on
Main,
Orange, and
C Streets
5, 10 on
D St
5, 10 on
Main St
10 10 10 5 10 Chapter 303
Landscaping
Setback of Parking
from Buildings
5 5 5 5 10, 5 may be
occupied by a
pedestrian
walkway paved
with tile, stone,
brick, concrete,
or comparable
material.
5, may be
occupied
by a
pedestrian
walkway
with tile,
stone,
brick,
concrete, or
comparable
material.
5 10
Parking Lot Location
Standards Apply
Yes Yes Yes Yes Yes Yes Yes Yes Yes Section 202.04(d)
Parking
Ordinance No. _______

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Open Space and Landscaping
Usable Open Space
(sq ft per residential
unit)
75 75 - 100 150, 50 of which
shall be private
- - - Section 202.04(e) Open
Space
Additional Standards
Supplemental
Regulations Apply
Yes Yes Yes Yes Yes Yes Yes Yes Yes Section 202.04
Supplemental
Regulations

SECTION 6: Table 203.02, Land Use Regulations – Commercial Districts, of Section 203.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Residential Uses
Multi-Family Residential - - - P(1) Section 201.04
Family Day Care Home See sub-classifications below
Small - - - P
Large - - - P Section 301.07 Family Day
Care Home, Large
Group Residential - - - P(2)
Residential Care Facilities See sub-classifications below Residential Care Facilities,
Limited
- - - P
Large - - - P
Single Room Occupancy
Hotels
- - - C Section 301.18 Single
Room Occupancy Hotels
Employee Housing - - - P(1)
Public and Semi-Public Uses
Clubs and Lodges C - P P Section 301.02 Alcoholic
Beverage Sales
Colleges and Trade Schools,
Public or Private
- C C C
Community Centers P - - C
Cultural Institutions C - C C
Day Care Centers C - - C
Instructional Services P - P P
Park and Recreation Facilities,
Public

P - P P
Religious Facilities C C C C
Residential Care Facilities,
General
- - - C Section 301.15 Residential
Care Facilities, General
Social Service Facilities - P P CP Section 301.19 Social Service Facilities
Commercial Uses
Animal Care, Sales and
Services
See sub-classifications below
Ordinance No. _______

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Kennels M(4) - M(4) -
Pet Stores M(4) M(4) P(4) -
Veterinary Services, Small - - P(4) -
Artists’ Studios P - P P
Automobile/Vehicle Sales and
Services
See sub-classifications below
Automobile/Vehicle Rentals. - P P -
Automobile/Vehicle Sales
and Leasing.
- C P -
Automobile/Vehicle Repair,
Major.
- - P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle Service
and Repair, Minor.
- P P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle Washing. - C P - Section 301.05 Auto Service Stations and Car
Washing
Large Vehicle and Equipment
Sales, Service and Rental.
- - C - Section 301.04
Automobile/Vehicle Service
and Repair
Service Station. C(3) C C C Section 301.05 Auto
Service Stations and Car
Washing
Banks and Financial Institutions See sub-classifications below Banks and Credit Unions P(5) P P P
Check Cashing Businesses - P P P
Building Materials and Services - P(6) P(6) -
Business Services P(3,7) P P P
Commercial Entertainment and
Recreation
See sub-classifications below
Cinema/Theaters - P P C Section 301.02 Alcoholic
Beverage Sales
Large-scale - - C(8) - Section 301.02 Alcoholic
Beverage Sales
Small-scale - P(19) P(19) C Section 301.02 Alcoholic
Beverage Sales
Eating, Drinking, and Smoking
Establishments
See sub-classifications below
Ordinance No. _______

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Bars/Night Clubs/Lounges - C C C Section 300.08 Outdoor Seating; Section 301.02
Alcoholic Beverage Sales
Coffee Shops/Cafes P(5) P P P Section 300.08 Outdoor
Seating
Restaurants, less than 3,000
square feet
P(5) P P P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Restaurants, greater than
3,000 square feet
C(5) P P P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Tobacco Bars - M M M
Food and Beverage Retail Sales P(9) P P P(9) Section 301.02 Alcoholic Beverage Sales
Funeral Parlors and Mortuaries - C P -
Hotels and Motels - C C C
Light Fleet Based Services - - P -
Maintenance and Repair
Services
P(10) P(10) P P(10)
Medical Facilities See sub-classifications below
Medical Clinic - P(12) P P(12)
Professional/Medical - P(12) P P(12)
Mixed Use Development C Section 203.04
Supplemental Regulations
Nurseries and Garden Centers - P P P
Offices See sub-classifications below
General Offices P(11) P(12) P P
Walk-In Clientele P(13) P(12) P P(13)
Parking, Public or Private P(14) P P P(14)
Personal Services P P P P
Retail Sales See sub-classifications below
Less than 50,000 square feet P P P P
50,000 square feet or more - C C -
Swap Meet - C C -
Wholesaling and Distribution - - P -
Ordinance No. _______

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Industrial Uses
Construction and Material Yards - - C - Section 300.09 Outdoor Storage
Handicraft/Custom
Manufacturing
- P(15) P -
Industry, Limited - - P -
Recycling Facilities See sub-classifications below
Reverse Vending Machine P P P P Section 301.14 Recycling Facilities
Recycling Collection Facility - C P - Section 301.14 Recycling Facilities
Recycling Processing Facility - - C - Section 301.14 Recycling Facilities
Warehousing and Storage See sub-classifications below
Chemical, Mineral, and
Explosives Storage
- C -
Indoor Warehousing and
Storage
- - P -
Personal Storage - C P C Section 301.13 Personal
Storage Facilities
Transportation, Communication, and Utilities Uses
Communication Facilities See sub-classifications below
Antenna and Transmission
Towers, camouflage facilities
P(16) P(16) P(16) P(16) Section 301.20
Telecommunication
Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M(16) M(16) M(16) M(16) Section 301.20
Telecommunication
Facilities
Broadcasting Facility - M M Section 301.20
Telecommunication
Facilities
Call Center - P(3) P -
Recording Studio - P(4) P(4) -
Freight/Truck Terminals and
Warehouses
- - C -
Transportation Passenger
Terminals
- P P -
Utilities, Minor P P P P
Ordinance No. _______

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Agricultural and Extractive Uses
Crop Cultivation, Commercial M M M M Section 301.06 Crop Cultivation
Agriculture Employee Housing M M M M
Other Applicable Types
Accessory Uses and Structures P P P P Section 301.01 Accessory Uses and Structures
Animal Keeping - - - P Section 301.03 Animal
Keeping
Caretaker Unit - P(18) P(18) P(18)
Home Occupations - - - P Section 301.09 Home
Occupations
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Multi-family Residential are permitted in conjunction with allowable non-residential uses.

2. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

3. Limited to establishments with a gross floor area of 5,000 square feet or less.

4. Provided that such use shall be completely enclosed in a building of soundproof construction.

5. Drive-through facilities are prohibited.

6. Bulk storage of sand, gravel or cement is not allowed.

7. Wholesale services are not allowed.

8. Campgrounds are prohibited.

9. Limited to establishments with a gross floor area less than 50,000 square feet.

10. Outdoor work and outdoor storage is prohibited.

11. General offices shall not be located on the ground floor.

12. Minor Conditional Use Permit approval is required for office, business, or professional uses greater than 5,000 square feet in size per lot or integrated commercial development.

13. Limited to establishments with a gross floor area less than 1,500 square feet.

14. Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone.

15. Limited to establishments with a gross floor area less than 2,000 square feet.

16. Prohibited within 300 feet of any R district except as detailed in 301.20e.

17. Limited to radio or television studios.

18. Limited to one dwelling for a caretaker or watchman and his immediate family, necessary and incidental to a use located in such zone. Such dwellings shall be a permanent structure.

19. Minor Conditional Use Permit approval is required for indoor shooting ranges.

Ordinance No. _______

SECTION 7: Table 204.02, Land Use Regulations – Employment Districts, of Section 204.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Public and Semi-Public Uses
Colleges and Trade Schools,
Public or Private

C P - -
Correctional Facility - P P -
Cultural Institutions P - - -
Day Care Centers P P(1) - -
Elderly and Long-term Care P - - -
Instructional Services P P - P
Residential Care Facilities,
General
C - - - Section 301.15 Residential
Care Facilities, General
Schools, Public or Private P - - -
Commercial Uses
Aircraft Sales, Services, and
Storage
- - - P
Animal Care, Sales and
Services
See sub-classifications below
Kennels - M M -
Veterinary Services - P P -
Automobile/Vehicle Sales and
Services
See sub-classifications below
Automobile/Vehicle Repair,
Major.
- P P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle Service
and Repair, Minor.
- P P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle
Washing.
- P P - Section 301.05 Auto
Service Stations and Car
Washing
Large Vehicle and
Equipment Sales, Service,
and Rental
- C P -
Ordinance No. _______

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Service Station - C C - Section 301.05 Auto
Service Stations and Car
Washing
Towing and Impound. - C P - Section 300.09 Outdoor
Storage
Banks and Financial
Institutions
See sub-classifications below
Banks and Credit Unions P P(1) P(1) P(1)
Check Cashing Businesses P - - -
Building Materials and
Services
- P P -
Business Services P P(1) P(1) -
Cannabis Dispensary - - - P Municipal Code Chapter 15,
Article VII
Commercial Entertainment &
Recreation
See sub-classifications below
Large-Scale - C C C Section 301.02 Alcoholic
Beverage Sales
Small Scale - C - - Section 301.02 Alcoholic
Beverage Sales
Eating, Drinking, and Smoking
Establishments
See sub-classifications below
Coffee Shops/Cafes P(2) P(1) P(1) P Section 300.08 Outdoor Seating
Restaurants P(2) P(1) P(1) P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Food and Beverage Retail
Sales
P(2) P(1) P(1) - Section 301.02 Alcoholic
Beverage Sales
Funeral Parlors and Mortuaries - P P -
Hotels and Motels - C C -
Bed and Breakfasts P(10) - - -
Light Fleet Based Services - P P -
Maintenance and Repair
Services
- P P -
Medical Facilities See sub-classifications below
Hospital P - - -
Medical Clinic P - - -
Ordinance No. _______

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Professional/Medical P - - -
Offices See sub-classifications below
General Offices P P P P
Walk-In Clientele P - - -
Parking, Public or Private P(3) P P -
Personal Services P(2) P(1) - -
Retail Sales P(2) P(2) P(2) -
Salvage and Wrecking - C C C Section 300.09 Outdoor
Storage
Salvage and Wrecking
conducted wholly within a
building
- P P P Section 300.09 Outdoor
Storage
Sexually Oriented Business - P P - Section 301.17 Sexually Oriented Businesses
Wholesaling and Distribution - P P P
Industrial Uses
Construction and Material
Yards
- P P - Section 300.09 Outdoor
Storage
Handicraft/Custom
Manufacturing
- P P P
Industry, General - P P P
Alcohol Manufacture - C(4) C -
Hazardous Waste
Management Facilities
- C(6) C -
Manufacture, processing, or
treatment of materials
which may be obnoxious,
offensive or hazardous to
health and safety of
persons and property
- - C -
Industry, Limited - P P P
Recycling Facilities See sub-classifications below
Recycling Collection Facility - - P - Section 301.14 Recycling Facilities
Recycling Processing
Facility
- - P - Section 301.14 Recycling
Facilities
Warehousing and Storage See sub-classifications below
Ordinance No. _______

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Chemical, Mineral, and
Explosives Storage
- C C C
Indoor Warehousing and
Storage
- P P P
Personal Storage - P P P Section 301.13 Personal
Storage
Transportation, Communication, and Utilities Uses
Communication Facilities See sub-classifications below
Antenna and Transmission
Towers, camouflage
facilities
P(7) P(7) P(7) P(7) Section 301.20
Telecommunication
Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M(7) M(7) M(7) M(7) Section 301.20
Telecommunication
Facilities
Broadcasting Facility - P P P Section 301.20
Telecommunication Facility
Call Center P(2) P P -
Freight/Truck Terminals and
Warehouses
- P P P
Heliports - C C C
Transportation Passenger
Terminals
- P P P
Utilities, Major - P P P
Renewable Energy Facility C C C
Solid Waste Collection,
Treatment, and Disposal
- - P C
Utilities, Minor P P P P
Agriculture and Extractive Uses
Crop Cultivation, Commercial M P P M Section 301.06 Crop Cultivation
Crop Cultivation, Noncommercial
- P P -
Mining & Quarrying - - C(6) -
Agricultural Employee
Housing

M P P M
Other Applicable Types
Accessory Uses and
Structures
P P P P Section 301.01 Accessory
Uses and Structures
Ordinance No. _______

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Additional Uses - - - P(9)
Caretaker Unit - P(8) P(8) -
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Permitted only as an accessory use that supports industrial uses, business and office parks, and corporate offices.

2. Permitted only as an accessory to a primary office and limited to establishments with a gross floor area less than 5,000 square feet in size.

3. Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone.

4. Alcohol manufacture must be located more than 500 feet from the nearest residential, or commercial zoning designation as shown on the Official Zoning Map.

5. On-site hazardous waste management facilities must be accessory and incidental to a primary use.

6. In areas designated as Mineral Resource Zones in the General Plan

7. Prohibited within 300 feet of any R district except as detailed in 301.20e.

8. For agricultural employees, when located on farms or ranches containing more than 10 acres. Such dwellings shall be a permanent structure.

9. Additional uses may be allowed with City Council approval of a Conditional Use Permit.

10. Limited to no more than two rooms in a dwelling rented to not more than four persons. Meals may not be provided to more than four boarders.

SECTION 8: Table 205.02, Land Use Regulations – Public and Open Space Districts, of Section 205.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Public and Semi-Public Use Classifications
Airport P - -
Cemeteries C - -
Clubs and Lodges - P(1) P(1)
College and Trade Schools,
Public or Private
P - -
Community Center P - P
Correctional Facility P - -
Cultural Institutions P - P
Government Offices P - -
Ordinance No. _______

TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Instructional Services P - -
Park and Recreation
Facilities, Public
P P P
Public Safety Facilities P - -
Religious Facilities C
Schools, Public or Private P - -
Commercial Use Classifications
Aircraft Sales, Services, and
Storage
P(2) - -
Commercial Entertainment
and Recreation
See sub-classifications below
Large-scale P C P Section 301.02 Alcoholic Beverage
Sales
Small-scale P(6) P(6) P(6) Section 301.02 Alcoholic Beverage Sales
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Coffee Shops/Cafes P(3) P(1) P(1) Section 300.08 Outdoor Seating Restaurants P(3) - - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage
Sales
Medical Facilities See sub-classification below
Hospital P - -
Recycling Facilities See sub-classifications below
Recycling Collection
Facility
P - -
Recycling Processing
Facility
P - -
Retail Sales See sub-classification below
Swap Meet C - -
Transportation, Communication, and Utilities Use Classifications Telecommunication Facilities See sub-classifications below Antenna and
Transmission Towers,
camouflage facilities
P(4) P(4) P(4) Section 301.20 Telecommunication
Facilities
Antenna and
Transmission Towers,
non-camouflage facilities
M(4) M(4) M(4) Section 301.20 Telecommunication
Facilities
Ordinance No. _______

TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Heliports P(5) - -
Utilities, Major C - -
Solid Waste Collection,
Treatment, and Disposal
P - -
Utilities, Minor P P P
Agricultural and Extractive Uses
Crop Cultivation, Commercial M M M Section 301.06 Crop Cultivation Agricultural Employee
Housing
M M M
Other Applicable Types
Accessory Uses and
Structures
P P P Section 301.01 Accessory Uses and
Structures
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Limited to facilities associated with park and recreational facilities.

2. Limited to facilities associated with an airport.

3. Limited to cafes and restaurants accessory to cultural institutions.

4. Prohibited within 300 feet of any R district except as detailed in 301.20e.

5. Permitted only as accessory to a hospital or public airport.

6. Minor Conditional Use Permit approval is required for indoor shooting ranges.

SECTION 9: Section 301.19 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Social Service Facilities shall be located, developed, and operated in compliance with the following standards:

A. Location. Social Service Facilities are not allowed on Main Street.

B. Minimum Standards. All Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, rest rooms and refuse containers; sufficient patron seating facilities for dining, whether indoor or outdoor; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas; a plan of operation, including but not limited to, patron access requirements, hours of operation, security measures, litter control, and noise attenuation. Evidence of compliance with all Building and Fire Safety regulations and any other measures determined by the City Council to be necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area shall be Ordinance No. _______

provided with permit applications. Social service facilities shall only be subject to the following written, objective standards:

1. Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-of-way, must be physically separated from the public rightof-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.

2. Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.

3. On-Site Management. Continuous on-site supervision during hours of operation shall be provided. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2) staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.

4. Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

5. Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.

SECTION 10: Section 300.04 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:
300.04 RESERVEDREPLACEMENT HOUSING ON NONVACANT SITES:

Redevelopment of nonvacant sites that contain residential dwellings shall replace said dwellings. Replacement requirements shall be consistent with those set forth in Government Code Section 65915, subdivision (c), paragraph (3).

SECTION 11: Section 301.01 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory uses and structures are also subject to the development and site regulations found in Chapter 300, General Site Regulations.

Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings, and in addition shall be located, developed, and operated in compliance with the following standards in the agricultural and residential zone districts as follows:

A. Agricultural Accessory Structures. In the AC and RR districts, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an Ordinance No. _______

agricultural use including stables, barns, pens and sheds or other structures for the housing of such animals, feed, equipment, and tools.

1. Size. The maximum lot coverage allowed by the development standards shall not be exceeded.

2. Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Zoning Administrator.

3. Building Separation. Agricultural accessory structures shall be separated from any main building by a minimum of six (6) feet.

4. Setbacks. Agricultural accessory structures shall meet all setback requirements of the main building.

B. Residential Accessory Structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached covered decks (i.e. a patio structure), detached uncovered decks and patios two and one-half (2.5) feet in height or greater, and similar structures. Uncovered decks under two and one-half (2.5) feet in height, and fences are not subject to the regulations in this section. AdditionalSeparate regulations for residential second units are located in Section 301.16, SecondAccessory Dwelling Units.

1. Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight (8) feet in width and fifteen (15) feet in length, will be considered a part of the main structure for purposes of this Ordinance. An attached structure shall comply with all requirements of this Ordinance applicable to the main structure, including, but not limited to setback requirements and height limits.

2. Number of Structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Zoning Administrator.

3. Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of one thousand two-hundred (1,200) square feet unless approved by the Zoning Administrator. In reviewing a request for additional size, the Zoning Administrator may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded.

4. Height. The maximum height shall not exceed eighteen (18) feet. The Zoning Administrator may consider buildings exceeding eighteen (18) feet in height that are stepped back one (1) foot from the required side and rear setback lines for every foot of height above eighteen (18) feet up to twenty-four (24) feet

5. Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from any main building by a minimum of six (6) feet. 6. Setbacks. When located in the rear onethird of a lot, detached accessory buildings shall not be located closer than four (4) Ordinance No. _______

feet to any rear property line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear property line. Detached accessory buildings shall meet all other setback requirements of the main building.

SECTION 12: Section 301.16 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby repealed and replaced as follows:
301.16 ACCESSORY DWELLING UNITS
The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A. Development Standards

1. Foundation. A permanent foundation shall be required for all accessory dwelling units.

2. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

3. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

4. Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
a. Wall covering materials.
b. Wall color.
c. Roofing material.
d. Roofing pitch.
e. Structural eaves.
f. Mass and scale of structure relative to structural height. g. Window characteristics (window shape, operational style, grids, sills, trim).

5. Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.

6. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s).

The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing singlefamily or multifamily dwelling.

7. Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services. a. No separate connection between the accessory Ordinance No. _______

dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

8. Garage conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B. Occupancy and Conveyance Requirements

1. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

2. Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

C. Detached Accessory Dwelling Units

1. Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

2. Maximum Number of Detached Accessory Dwelling Units a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one.

The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit. b. When accompanied by a proposed multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot. c. When accompanied by an existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be eight (8) per lot. d. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet. c. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an Ordinance No. _______

existing accessory structure that is less than four (4) feet from the side, street side, or rear yard. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multifamily dwelling.

5. Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:
a. For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one-story, the maximum height shall be eighteen (18) feet.
b. For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.
c. Height Exceptions.
1) An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit
that is aligned with the roof pitch of the primary dwelling unit.
2) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height
may exceed the limits of Section 9.195.050, subsection
(E)(1) to an amount equal to the height of the existing accessory structure to be converted.

6. Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:
a. The detached accessory dwelling unit is located within onehalf (1/2) mile walking distance of public transit. b. The detached accessory dwelling unit is located within an architecturally and historically significant historic district. c. The detached accessory dwelling unit is converting an existing accessory structure.
d. On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.
e. There is a car share vehicle located within one block of the detached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be Ordinance No. _______

required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit.

D. Attached Accessory Dwelling Units

1. Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.

2. Maximum Number of Detached Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.
b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

6. Parking. No parking shall be required for the attached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit.

Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these Ordinance No. _______

standards precludes construction of at least an 800 square foot attached accessory dwelling unit.

E. Conversion Accessory Dwelling Units

1. Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

2. Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Parking. No additional parking shall be required.

F. Junior Accessory Dwelling Units

1. Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for singlefamily use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

2. Maximum Number of Junior Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory
dwelling unit and an existing or proposed attached accessory dwelling unit.
b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be 500 square feet.

Ordinance No. _______

4. Parking. No parking shall be required for the junior accessory dwelling unit.

5. Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

6. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

7. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
a. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this
requirement. Appliances shall require no more than a 120-volt electrical connection.
b. Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

8. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

9. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

SECTION 13: Section 302.03 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

A. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Ordinance and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following:

Ordinance No. _______

1. Lower Income Units. A density bonus of twenty (20) percent if ten (10) percent of the total units of a housing development are affordable to lower income households, as defined in Health and Safety Code Section 50079.5.

2. Very Low Income Units. A density bonus of twenty (20) percent if five (5) percent of the total units of a housing development are affordable to very low income households, as defined in Health and Safety Code Section 50105.

3. Senior Citizen Housing Development. A density bonus of twenty (20) percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Civil Code Section 51.3.

4. Moderate Income Units in Condominium and Planned Use Developments. A density bonus of five (5) percent if ten (10) percent of the total dwelling units in a condominium project, as defined in Subdivision (f) of, or in a Planned Development, as defined in Subdivision (k) of Civil Code Section 1351, are affordable to persons and families of moderate income, as defined in Health and Safety Code Section 50093.

B. Additional Sliding Scale Density Bonus. As provided for in Government Code Section 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in Subsection (a) under the following provisions:

1. Lower Income Dwellings. For each additional one (1) percent increase above ten (10) percent units affordable to lower income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum density bonus of thirty-five (35) percent of the maximum allowable residential density for the site.

2. Very Low Income Dwellings. For each additional one (1) percent increase above five (5) percent in the proportion of units affordable to very low income households, the density bonus shall be increased by two (2) and one-half (2.5) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

3. Condominium and Planned Development Units. For each additional one (1) percent increase above ten (10) percent units affordable to moderate income households, the density bonus shall be increased by one (1) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

C. Extra Density Bonus. Provided a resulting housing development would not restrict more than 50 percent of the total units to moderate income, lower income, or very low income households, an additional density bonus calculated pursuant to Table 302.03-A or Table 302.03-B shall be granted when an applicant proposes to construct a housing development that conforms to the requirements of Subsections (a) and (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:

1. The housing development conforms to the requirements of Subsections (a) and (b) and provides 24 percent of the total units to lower income households.

Ordinance No. _______

2. The housing development conforms to the requirements of Subsections (a) and (b) and provides 15 percent of the total units to very low income households.

3. The housing development conforms to the requirements of Subsections (a) and (b) and provides 44 percent of the total units to moderate-income households.

4. An additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows. These increases shall be in addition to any increase in density granted by Subsections (a) and (b) and shall be calculated using the number of units excluding any density bonus awarded by this section.

TABLE 302.03-A: EXTRA DENSITY BONUS FOR PROJECTS WITH VERY

LOW INCOME UNITS
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 38.75
10 38.75
TABLE 302.03-B: EXTRA DENSITY BONUS FOR PROJECTS WITH

MODERATE INCOME UNITS
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
CD. Qualifying Projects-Number of Units. The bonuses under Subsections (a), and (b), and (c) are applicable to residential projects of five (5) or more units, and senior housing projects of more than thirty-five (35) units.

DE. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of paragraphs (1), (2), (3), or (4) of Section 302.03.(a), Minimum Density Bonus and Ordinance No. _______

Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

EF. Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 302.05, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (a) of this section.

SECTION 14: Section 302.05 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

A. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

1. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or

2. One (1) incentive or concession for senior citizen housing developments; or

3. Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or

4. Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.

5. Four (4) incentives or concessions for projects that include at least sixteen (16) percent of the units for very low income households or at least forty-five (45) percent for persons and families of moderate income in a development in which the units are for sale.

6. Five (5) incentives or concessions for one hundred percent affordable developments, including total units and density bonus units, but exclusive of a manager’s unit or units, that are for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households.

57. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraph one (1), two (2), three (3), or four (4), five (5), or six (6) of this section.

SECTION 15: Table 304.04(A) required Parking Spaces of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Ordinance No. _______

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Residential Use Classifications
Single-family, Detached
Single-family, Attached
2 covered parking for each dwelling unit.

Second Unit See Section 301.16, Second Dwelling Units.

Multi-family Residential 1 per studio unit. 1.5 per one-bedroom unit. 2 per 2-bedroom or 3- bedroom unit. Additional bedrooms above 3: 0.5 space/bedroom.

One space for each unit shall be designated for the unit and covered. One additional guest parking space shall be provided for every 5 units.

Small Family Day Care Home None, beyond what is required for the residential use.

Large Family Day Care Home 1 per non-resident employee. 1 passenger loading space, on or offsite. (Required spaces are in addition to those required for the primary residential use).

Group Residential 1 per bed, bedroom, or dwelling unit, whichever is greatest, plus 1 guest parking space per 3 units.

Manufactured Home Park 2 on-site spaces for each dwelling unit. At least one required space shall be covered. Tandem parking allowed
Residential Care, Limited None, beyond what is required for the residential use.

Public and Semi-Public Use Classifications
Cemetery To be determined by the Zoning Administrator.

Clubs and Lodges 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.

Colleges and Trade Schools, Public
or Private
To be determined by the Zoning Administrator based on parking demand study.

Community Center To be determined by the Zoning Administrator.

Cultural Institutions For theaters and auditoriums: 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided. Galleries and Museums:
1 for every 400 sq. ft. of floor area. Other establishments:
determined by the Zoning Administrator.

Day Care Center 1 per first 5 clients, plus 1 for each additional 10 clients.

Elderly and Long Term Care For first 10 beds: 1 per 2 beds. Additional beds: 1 additional space for each 4 beds.

Government Offices 1 per 300 sq. ft. of floor area.

Instructional Services 1 per 300 sq. ft. of floor area.

Park and Recreation Facilities, Public To be determined by the Zoning Administrator.

Public Safety Facilities To be determined by the Zoning Administrator.

Ordinance No. _______

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Religious Facilities 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.

Residential Care, General For first 10 beds: 1 per 2 beds. Additional beds: 1 additional space for each 4 beds.

Schools, Public or Private Elementary and Middle Schools: 1 per classroom, plus 1 per 250 sq. ft. of office area.

High Schools: .35 per student
Social Service Facilities 1 per 2300 sq. ft. of floor area.

Commercial Use Classifications
Aircraft Sales, Services, and Storage To be determined by the Zoning Administrator.

Animal Care, Sales and Services
Kennels 1 per 1,000 sq. ft. of floor area.

Pet Store 1 per 250 sq. ft. of floor area.

Veterinary Services 1 per 250 sq. ft. of floor area.

Artists’ Studios 1 per 1,000 sq. ft. of floor area.

Automobile/Vehicle Sales and Services
Automobile/Vehicle Rentals 1 per 250 sq. ft. of office area in addition to spaces for all vehicles for rent.

Automobile/Vehicle Sales and
Leasing
1 per 250 sq. ft. of office area, plus 1 space per 1,000 sq. ft. of indoor or outdoor sales display area. Any accessory auto repair: 2 spaces per service bay. Minimum 5 spaces per dealership.

Automobile/Vehicle Repair,
Major or Minor
2 per service bay.

Automobile/Vehicle Washing Minimum 1 space for automatic facilities, minimum 3 spaces for other facilities, plus1 space per 250 sq. ft. of any indoor sales, office, or lounge areas.

Large Vehicle and Equipment
Sales, Service and Rental
1 per 250 sq. ft. of office area plus 1 per 2,500 sq. ft. of sales display area.

Service Station 2 per service bay, if service bays are included on site. 1 per 200 sq. ft. of any convenience store on site.

Towing and Impound 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.

Banks and Financial Institutions
(All subclassifications)
1 per 300 sq. ft. of floor area.

Building Materials Services 1 per 400 sq. ft. of floor area; 1 per 600 sq. ft. of outdoor display area.

Ordinance No. _______

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Business Services 1 per 300 sq. ft. of floor area.

Commercial Entertainment and
Recreation
Establishments with seating: 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.

Bowling alleys: 3 per lane.

Other Commercial Entertainment and Recreation uses: to be determined by Zoning Administrator.

Eating, Drinking, and Smoking Establishments
Bars/Night Clubs/Lounges Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area.

Coffee Shops/Cafes Minimum 2 spaces. 1 per 100 sq. ft. of customer seating area.

Restaurants Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area; no parking is required for outdoor seating when seats provided equal 50 percent or less of total indoor seating.

Tobacco Bars Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area.

Food and Beverage Retail Sales 1 per 250 sq. ft. of floor area.

Funeral Parlors and Mortuaries 1 for each 4 permanent seats in assembly areas, plus 1 per 250 sq. ft. of office area.

Hotels and Motels 1 per each living or sleeping unit, plus 2 spaces adjacent to registration office. Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use.

Light Fleet-based services 1 per 250 sq. ft. of office floor area, plus one space for each fleet vehicle.

Maintenance and Repair Services 1 per 350 sq. ft. of building floor area, plus one space for each fleet vehicle.

Medical Facilities
Hospital 1 per bed; plus 1 per 250 sq. ft. of area used for office, clinics, testing, research, administration, and similar activities associated with the principal use.

Medical Clinic 1 per 200 square feet
Single Physician Office 1 per 175 square feet
Nurseries and Garden Centers 1 per 250 sq. ft. of floor area, plus 1 per 500 sq. ft. of outside display or greenhouse area.

Offices
(All Subclassifications)
1 per 250 sq. ft. of floor area.

Parking, Public or Private 1 per attendant station (in addition to the spaces that are available to public).

Personal Services 1 per 200 sq. ft. of floor area.

Ordinance No. _______

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Retail Sales
Less than 50,000 square feet 1 per 250 sq. ft. of floor area. 50,000 square feet or more 1 per 300 sq. ft. of floor area.

Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.

Sexually Oriented Business As determined by the Zoning Administrator based upon requirements for the most similar comparable use
Wholesaling and Distribution 1 per 2,000 sq. ft. of floor area.

Industrial Use Classifications
Construction and Materials Yards To be determined by Zoning Administrator.

Handicraft/Custom Manufacturing 1 per 2,000 sq. ft. of floor area.

Industry, General 1 per 1,000 sq. ft. of floor area.

Industry, Limited 1 per 1,000 sq. ft. of floor area.

Recycling Collection Facilities
Recycling Collection Point Minimum 1 space. Number of additional spaces to be determined by the Zoning Administrator.

Recycling Processing Facility 1 for each 2 employees on the maximum work shift, or 1 per 1,000 sq. ft. of floor area, whichever is greater.

Warehousing and Storage
Chemical, Mineral, and
Explosives Storage
1 per 2 employees or 1 per 200 sq. ft. of office area, whichever is greater.

Indoor Commercial Storage 1 per 1,000 sq. ft. of floor area.

Outdoor Storage 1 per 2 employees or 1 per 200 sq. ft. of office area, whichever is greater.

Personal Storage 1 space per 75 storage units, plus 1 space per 300 square feet of office area. A minimum of 5 spaces shall be provided.

Transportation, Communication, and Utilities Use Classifications Airports and Heliports To be determined by the Zoning Administrator.

Communication Facilities
Antennae and Transmission
Towers
Minimum 1 space for maintenance and servicing. Additional spaces to be determined by the Zoning Administrator.

Facilities within Buildings To be determined by the Zoning Administrator.

Freight/Truck Terminals and
Warehouses
1 for each 2 employees on the maximum work shift, or 1 for each 3,000 sq. ft. of floor area, whichever is greater.

Transportation Passenger Terminals To be determined by the Zoning Administrator.

Utilities, Major To be determined by the Zoning Administrator.

Ordinance No. _______

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Utilities, Minor None.

Agriculture and Extractive Use Classifications
Crop and Animal Raising 1 for every 2 employees on the maximum shift.

Mining and Quarrying 1 for every 2 employees on the maximum shift.

SECTION 16: Section 701.02 of Series 700 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Social Service Facilities. Any noncommercial facility, such as homeless shelters, and emergency shelters, that may also provide meals, showers, and/or laundry facilities.

Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term. This classification includes interim housing options such as navigation centers, bridge housing, and respite and recuperative care.

This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.

PASSED, APPROVED, AND ADOPTED this _____ day of January, 2025. ___________________________
Greg Meister, Mayor
ATTEST:
______________________, City Clerk

By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: American Rescue Plan Act (ARPA) Funding
SOURCE: Finance
COMMENT: On March 11, 2021, the American Rescue Plan Act (ARPA), was enacted to provide federal assistance to recover from the economic and public health effects of the COVID-19 pandemic. ARPA Coronavirus State and Local Fiscal Recovery Funds provide direct financial support to states, counties, cities, and tribal governments. Eligible uses of these funds include responding to the public health emergency, addressing negative economic impacts, replacing lost revenue, providing premium pay to essential workers, and making necessary investments in water, sewer, and broadband infrastructure.

The City of Porterville received an ARPA allocation of $19,984,717.00, disbursed in two tranches. Under U.S. Department of the Treasury guidelines, ARPA funds must be obligated by December 31, 2024, and fully expended by December 31, 2026. Funding for the ARPA operating budget of $737,315 requires an obligation of said funds before December 31, 2024. The City is able to meet the obligation requirements and deadline by entering into an "Interagency Agreement" between itself and the City of Porterville Finance Department. ARPA guidelines allow unspent obligated funds to be reallocated between eligible projects and the operating budget.

On July 16, 2024, the Council authorized staff to distribute a Request for Proposals (RFP) for the design and installation of a prefabricated dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers as an expansion of the Porterville Navigation Center (PNC). A total of $2,500,000 in American Rescue Plan Act (ARPA) funds were allocated to fund this project. The proposal awarded on November 5, 2024, was for $2,459,994. This amount did not account for a $346,000 contingency for a total construction cost of $2,805,994. On December 3, 2024, the Council adopted a draft resolution approving Amendment No. 3 to the Permanent Local Housing Allocation (PLHA) 5-Year Plan to reallocate PLHA Year 4 funds for this project. This amendment includes contingency language to ensure that if the funds for the PNC expansion are not needed, or if other funding sources are found, the PLHA funds can be returned to their original intended uses. A total of $293,840 in Permanent Local Housing Item No. 17.

Allocation (PLHA) were allocated to fund this project. Staff was directed to bring back an item to allocate the additional costs of $12,154.

However, after an internal review of the FY 2024/2025 ARPA operating budget, it was determined that $400,000 allocated for the operation of the Navigation Center is available. Staff is requesting to reallocate $305,994 to fund the navigation center project and the remaining $94,006 to fund the Community Center and Park Project. Any unspent funds from FY 2024/2025 ARPA budget will be redirected to cover any budget overages for ARPA identified projects with the priority being the Navigation Center Expansion and/or the Community Center and Park Projects.

RECOMMENDATION: That the City Council:

1. Authorize the Draft Interagency Agreement between the City of Porterville and the Finance Department;

2. Authorize the Mayor to execute the Draft Interagency Agreement on behalf of the City;

3. Authorize the Finance Director to execute their portion of the Draft Interagency Agreement;

4. Authorize the reallocation of $305,994 in American
Rescue Plan Act Funds to fully fund the Porterville
Navigation Center Expansion Project;

5. Authorize the reallocation of $94,006 in American
Rescue Plan Act Funds to fund the Community Center and
Park Project; and

6. Authorize the Finance Director to redirect any unspent funds from FY 2024/2025 ARPA budget to cover any
budget overages for ARPA identified projects with the
priority being the Navigation Center Expansion Project
and/or the Community Center and Park Projects.

ATTACHMENTS: 1. Staff Report 11-05-2024

2. Staff Report 12-03-2024

3. Draft Interagency Agreement

4. Obligating SLFRF Funds Through an Interagency
Agreement
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Item No. 17.

Final Approver: Patrice Hildreth, City Manager
Item No. 13.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Execute Agreement - Navigation Center Expansion Project
SOURCE: Engineering and Project Management
BACKGROUND:

COMMENT: At its meeting on July 16, 2024, the City Council authorized the distribution of a Request for Proposals (RFP) for the design and installation of a prefabricated dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers as an expansion to the Porterville Navigation Center (PNC).

On September 9, 2024, staff received one (1) proposal in response to the RFP. The lone response was received from TMJ Construction, Inc of Bakersfield as a "Joint Venture" with Andrew Goodwin Design.

Staff reviewed the proposal received in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" to ensure the submitting firm is qualified and that their proposal met the guidelines of the RFP. Staff determined during the review that the firm was both qualified and capable of completing the project however, the proposed estimate for the work far exceeded the anticipated budget for the project.

It is important to note that funding for this project included American Rescue Plan Act (ARPA) funds, which must be allocated to a project before the end of this calendar year, limiting staff's ability to entertain a rebid for the project and leading the desire to attempt negotiations for a reduced scope with the lone responding firm. Before beginning any talks with the submitting firm regarding the costs and options for the project, staff made an effort to contact the other firms listed as plan holders for the project to determine why they did not submit proposals. The responding firms' explanations included; they were not able to provide both the design and the construction of the project, the small size of the project did not justify the distance of travel for them, they did not have enough time in their schedule to accommodate this project, or they did not take on projects that were not already designed.

Item No. 13.

After receiving the multiple responses from the different firms proving their inability or disinterest in participating in the project, staff reached out to the one (1) responding firm to see if any reductions were possible to complete this project closer to the anticipated budget. A modified proposal was provided that accounted for all the requested amenities but at a reduced scale. The revised proposal was in the amount of $2,459,994. An additional $246,000 is necessary for construction contingency (10%) and $100,000 is required for construction management, surveying, quality control and inspection services, equating to a total construction cost of $2,805,994.

As previously stated, funding for this project is provided by ARPA funds in the amount of $2,500,000. An additional $305,994 is required to fully fund the project. There are a few funding options available to staff to cover the shortfall, but those options require a process to implement them. The shortfall in funds predominately affects the contingency portion of the total cost, which would not prevent the project from starting the design process. Staff will bring an item back to City Council at a future date to address and allocate the $305,994 needed before actual construction work starts.

Staff has found the revised proposal acceptable.

ANALYSIS: N/A

ENVIRONMENTAL
REVIEW:

Construction and operation of the proposed buildings is considered a "project" under the California Environmental Quality act as defined in CEQA Guidelines Section 15378. Guidelines Section 15303, New Construction or Conversion of Small Structures, provides an exemption from CEQA for projects that would construct not more than four buildings not exceeding 10,000 square feet in the aggregate, along with minor accessory structures and necessary utilities. Since the proposed project consists of two buildings totaling approximately 3,120 square feet along with minor appurtenant facilities and utilities, the Environmental Coordinator has made a preliminary determination that it is exempt from CEQA under Guidelines Section 15303.

RECOMMENDATION: That the City Council:

1. Finds that construction and operation of the expansion of the Porterville Navigation Center as proposed herein is categorically exempt from the California Environmental
Quality Act under CEQA Guidelines Section 15303, New
Construction or Conversion of Small Structures.

2. Authorizes the Mayor to execute the project contract with TMJ Construction, Inc of Bakersfield (as a "Joint Venture" Item No. 13.
with Andrew Goodwin Design) for the design and
installation of the expansion to the Porterville Navigation Center in the amount of $2,459,994;

3. Authorizes progress payments up to one hundred
percent (100%) of the contract amount; and

4. Directs staff to bring an item back to City Council at a future meeting to allocate the additional $305,994 needed to fully fund the construction portion of the project.

ATTACHMENTS: 1. Locator Map

2. Draft Contract Agreement
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

CONTRACT AGREEMENT

NAVIGATION CENTER EXPANSION PROJECT
BID No. 24/25-SR1975
THIS AGREEMENT, made and entered into this day of , 2024, by and between the City of Porterville, a Municipal Corporation of the State of California, duly organized, existing and acting pursuant to the laws thereof with its principal place of business in the City of Porterville, California, hereinafter designated as the City, party of the first part, and
hereinafter designated as the Contractor, party of the second part, WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE I. The contract documents for the aforementioned project shall consist of the Notice Inviting Sealed Bids, Proposal, Standard Specifications, Special Provisions, Plans and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II. For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees with the City to furnish all materials, equipment, tools and labor and construct facilities for the City; to perform and complete in a good and workmanlike manner all the work shown on the plans and described in the specifications; and to fulfill all other obligations as set forth in the contract documents.

Said awarded contract amount:

ARTICLE III. Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
1 ARTICLE IV. The City hereby promises and agrees to employ said Contractor to provide the materials to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein contained.

ARTICLE V. The Contractor shall have the work completed by summer of 2025. The Contractor shall provide the means necessary to complete the required work within the allotted time frame. Should the Contractor fail to complete this contract, and the work provided therein within the time fixed for such completion, the Contractor shall become liable to the City for all loss and damage which the latter may suffer on account thereof; and it is hereby agreed and understood that it is and will be difficult and impossible to ascertain and determine the actual damage which the City will sustain in the event of, and by reason of, such delay. It is therefore agreed that said Contractor will pay to the City the sum of Three Thousand Dollars ($1,200) per day for each and every day of delay beyond the time herein prescribed in finishing said work as liquidated damages, as herein provided, and in case the same is not paid, agrees that said City may deduct the amount thereof from any money due or that may become due said Contractor under this contract. All deductions from any money due the Contractor are considered to be liquidated damages and not a penalty. This paragraph does not exclude the recovery of damages under other provisions of the Contract Documents.

The Contractor shall not be charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the City, acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers and;
(2) The Contractor, within 10 days from the beginning of any such delay, (unless the Engineer grants a further period of time before the date of final payment under the contract) notifies the Engineer in writing of the cause of delay. The Engineer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of facts shall be final and conclusive on the parties.

Should the contractor fail to begin work or halt work for a period of time equal to one-half (½) the original or amended contract completion time, the City shall call the contract bonds so the work can be completed by the City. Working days shall not include weather days, Saturdays, Sundays, or legal Federal holidays.
2 ARTICLE VI. Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VII. Contractor agrees to indemnify and hold harmless City and all of its officers, agents, employees, and assigns from any and all claims, demands, or causes of action, including related expenses, attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder, regardless of the existence of passive concurrent negligence on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification requirement is not intended to relieve City from liability for the active negligence of City, its officers, agents and employees.

ARTICLE VIII. Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

ARTICLE IX. The Notice Inviting Proposal, Proposal, Non Collusion Affidavit, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Request for Proposals, and the Plans to be provided and approved mentioned therein together with all appendices, all of which are hereto attached, are hereby incorporated in and made part of this Agreement.

ARTICLE X. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

IN WITNESS WHEREOF: The parties hereto have caused this Contract to be executed the day and year first above written.

CITY OF PORTERVILLE
(City Seal)
By _____________________________
ATTEST: Martha A. Flores, Mayor _________________________________ ___________________________________ Patrice Hildreth, City Clerk Contractor By ________________________________

Title _______________________________
"Attachment A"

Item No. 11.

CITY COUNCIL AGENDA – DECEMBER 3, 2024
SUBJECT: Permanent Local Housing Allocation (PLHA) 5-year Plan Amendment No. 3
SOURCE: Community Development
COMMENT: On July 16, 2024, the Council authorized staff to distribute a Request for Proposals (RFP) for the design and installation of a prefabricated dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers as an expansion of the Porterville Navigation Center (PNC). The proposal awarded on November 5, 2024, was for $2,459,994. This amount did not account for the 10% contingency for the project. A total of $2,500,000 in American Rescue Plan Act (ARPA) funds were allocated to fund the project, however, that leaves a funding gap of $305,994; the amount of which is mostly what would be allocated towards the standard 10% contingency of the project.

Staff was directed to bring back an item to allocate the additional costs to cover the contingency costs.

As an Entitlement Local government, the City of Porterville has applied for 2019, 2020, 2021, and 2022 formula allocations of Permanent Local Housing Allocation (PLHA) program funds in the amounts of $342,754, $532,745, $586,270, and $293,840 respectively. In order to receive the funds, a 5-year plan had to be submitted as part of the first-year application. This plan allocates PLHA funding over five (5) years from 2019, which was estimated to be approximately $2,056,524.

The City's approved 5-year plan outlines its intention to use the PLHA funds for the eligible activity 6 (PLHA Guidelines, Article III, Section 301(a)(6)), which is defined as, “Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.” As identified above in the PLHA Guidelines, Article III, Section 301(a)(6), capital costs for navigation centers and emergency shelters is an eligible activity. Staff is recommending that the City Council consider using up to $293,840 from the PLHA Year 4 funds to help with the expansion of the PNC. These funds have recently been applied for, but have not yet been received, and no formal request for proposals (RFP) has been issued for Item No. 11.
the original purposes outlined in the PLHA 5-Year Plan for year 4. If the funds for the PNC expansion are not needed to complete the project due to the identification of other funding sources or the contingency amount is not needed, the PLHA funds would be reallocated back to other activities already approved in the PLHA 5-Year Plan. If this happens, staff will bring the item back to the City Council for approval to open an RFP for any Year 4 funds that are not used for the expansion.

Any reallocation of more than 10% of the funds for PLHA activities requires an official amendment to the PLHA 5-Year Plan. This amendment must be approved by the City Council in a publicly noticed meeting, and final approval will come from the HCD.

Staff is proposing to amend the approved PLHA 5-Year Plan for Year 4 to allow for these adjustments. This amendment will include contingency language to ensure that if the funds for the PNC expansion are not needed, or if other funding sources are found, the PLHA funds can be returned to their original intended uses.

RECOMMENDATION: That the City Council:

1. Hold a public hearing to receive public comment on the proposed 5-Year Plan Amendment No. 3 for reallocation of funds; and

2. Adopt the draft resolution approving Amendment No. 3 to the Permanent Local Housing Allocation (PLHA) 5-Year Plan and authorizing its transmittal to the California
Department of Housing and Community Development.

ATTACHMENTS: 1. Draft Resolution

2. Draft Amendment No. 3 to PLHA 5-Year Plan (Exhibit
A to draft resolution)

3. PLHA Amendment Form
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING AMENDMENT NO. 3 TO THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM 5-YEAR PLAN AND AUTHORIZING SUBMITTAL OF THE

AMENDMENT TO THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT
The City Council of the City of Porterville, a municipality ("Applicant/Grantee") hereby consents to, adopts, and ratifies the following resolution:

WHEREAS, in 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Nonentitlement Local government formula component Notice of Funding Availability (NOFA).

These NOFAs are funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019, 2020 and 2021, and 2022 thus far; WHEREAS, funding for the NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities; WHEREAS, The City of Porterville is considered an Entitlement Local government, and was eligible for a 2019, 2020, 2021 and 2022 formula allocation of PLHA funds in the amount of $342,754, $532,745, $586,270, and $293,840, respectively. The PLHA fiveyear formula allocation amount is $2,056,524; WHEREAS, in order to participate in the formula allocation, the City of Porterville was required to develop a five-year plan detailing the manner in which allocated funds will be used for eligible activities, which was submitted to HCD by the July 27, 2020 deadline and approved by HUD. Amendment No. 1 to the five-year plan was approved in 2021;
WHEREAS, on May 7, 2024, the City Council of the City of Porterville approved Amendment No. 2 to the five-year plan;
WHEREAS, on June 18, 2024, the Council authorized staff to submit the streamlined application for Permanent Local Housing Allocation (PLHA) program funds for year 4 for an allocation of $293,840;
WHEREAS, the approved plan may be reallocated among eligible activities with Resolution No. ___-2024

minor amendments for changes of less than 10% of each activity’s allocation, or major amendments which will require proper notice, a public hearing, and final approval from the Council and HCD. Since the proposed category reallocation is more than a 10% change within activities, this triggers the major amendment rules; WHEREAS, the City of Porterville, opened a 10-day public comment and review period, to give the public the opportunity to review the proposed amendment to the PLHA 5-Year Plan and provide comments, on December 3, 2024; and WHEREAS, the City Council of the City of Porterville, at its regular scheduled meeting of December 3, 2024, conducted a public hearing which opened at ___ p.m. and closed at ___ p.m. to receive comments and to consider an amendment to the PLHA 5- Year Plan, where no comments were received or comments received are summarized in attachment 3.

WHEREAS, Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

WHEREAS, Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

NOW, THEREFORE, BE IT RESOLVED: That the Porterville City Council does hereby approve and adopt the amended 5-Year Permanent Local Housing Allocation Plan as provided in Exhibit "A" and authorize staff to submit the amendment to the 5-Year PLHA Plan with the following parameters and:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $2,056,524 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds only for Eligible Activities as approved by the Department and in accordance with all Program requirements, PLHA Program Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement, its Application, and other contracts between the Applicant and the Department.

Resolution No. ___-2024

4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, Applicant’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines, and any other applicable SB 2 guidelines published by the Department.

6. The Mayor, or her/his designee, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED, APPROVED AND ADOPTED this 3rd day of December 2024. ________________________________ Martha A. Flores, Mayor ATTEST:

Patrice Hildreth, City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
CITY OF PORTERVILLE Page 1 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN Exhibit A: Amended PLHA 5-Year Plan
City of Porterville
Permanent Local Housing Allocation Program
Five-Year 2019-2023 Plan
Amendment 3
§302(c)(4) Plan
Introduction: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the first year funding availability of approximately $195 million in funding for the PLHA program Entitlement and Nonentitlement Local government formula component Notice of Funding Availability (NOFA).

Since then, HCD has issued additional NOFAs for four (4) subsequent years, thus far.

The NOFAs are funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019, 2020, 2021 and 2022 thus far.

Funding for the NOFAs is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

Purpose: The City of Porterville is considered an Entitlement Local government, and has been eligible for published PLHA funds in the amount of $342,754, $532,745, $586,270, and $293,840, respectively. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities listed below:

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

CITY OF PORTERVILLE Page 2 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN

4. Matching portions of funds available through the Low- and Moderate- Item No. 17. Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.

6. Assisting persons who are experiencing or at-risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

7. Accessibility modifications in Lower-income Owner-occupied housing.

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project.

Requirements: In order to participate in the formula allocation, the City of Porterville is required to develop a five-year plan detailing the manner in which allocated funds will be used for eligible activities.

Plan: With City Council and the community’s input, it is recommended that the City of Porterville utilize the funds in the following manner:

I. §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

A. The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over four (4) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

CITY OF PORTERVILLE Page 3 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN B. There are three priorities identified (not listed in order of priority, numbering is only for identification purposes):

1. Support Navigation Centers by
a. Providing funds for Operating Costs
b. Providing funds for Capital Costs

2. Provide operating funds for emergency shelters and/or bridge housing program costs.

3. Support Permanent Housing Programs to provide operating funds for permanent supportive housing program costs.

The City of Porterville will utilize the Request for Proposals process to allow agencies to apply for funding associated with operating costs and will follow required procurement standards for completion of the capital improvement projects.

II. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

A. The City of Porterville will continue to prioritize investments that increase the supply of affordable housing for households under 60% AMI with PLHA funds. People experiencing homelessness, who are currently served by the Kings Tulare Homeless Alliance (KTHA) programs are typically under 30% Area Median Income (AMI); therefore, all the proposed priorities will serve households under 60% AMI.

III. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.

A. The City permits social service facilities, including emergency shelters, in the RM-3, CMX, D-MX, DRM-2, and DRM-3 zoning districts via a conditional use permit. Further, social service facilities are allowed by right in the CR and CG zone districts.

B. The City permits transitional and supportive housing in all zoning districts that allow residential uses, subject only to the restrictions that would apply to a residential use of the same type. Section 301.22 of the City’s Development Ordinance clarifies this accommodation.

C. Housing Element Goals consistent with the PLHA program priorities.

CITY OF PORTERVILLE Page 4 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN

1. Goal 2: Expand the City’s low- and moderate-income housing opportunities.

I. Policy 2.5 - The City will pursue local, state, and federal funding assistance that is appropriate to Porterville’s needs to expand affordable housing opportunities for low- and moderate-income households

2. Goal 3: Address the housing needs of special populations, including seniors, female-headed households, persons with disabilities, firsttime homebuyers, large families, and homeless individuals and families.

Policy 3.1 - The City will maintain an adequate supply of appropriately designated land for special needs housing, including seniors, disabled persons, large households,
farmworkers, the homeless, and transitional persons.

Policy 3.2 - The City will encourage the development and rehabilitation of housing that is accessible to persons with disabilities.

Policy 3.3 - The City will pursue land use policies that allow small residential developments and individual housing units meeting special needs to be integrated into existing neighborhoods and new residential developments.

Policy 3.4 - The City will work with surrounding jurisdictions to address the needs of transient homeless persons on a regional basis.

Policy 3.5 - Continue to participate in the Kings/Tulare County Continuum of Care (“the Alliance”) and work with adjacent jurisdictions to develop additional shelter opportunities.

IV. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

V. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity.
(Attachment 1 budget summary provided for further clarification) CITY OF PORTERVILLE Page 5 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN A. Priority 1: Navigation Center:

1. Operating and capital costs for a Navigation Center: PLHA funds would be used for operation and capital costs in support of Navigation Centers. The Navigation Centers serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

The amendment for Year 4 use of funds is to facilitate additional amenities at the Porterville Navigation Center (PNC) that include a dining hall, kitchen, office space and sanitation facility with public restroom and showers as an expansion. An amendment was
required to Year 4 allocation to allocate these funds to cover a gap in funding and ensure completion of the project. CONTINGENCY: If the additional funds for the PNC are not needed, the funds would be reallocated back to the activities as indicated in the table below as “Current Plan.” Staff would then prepare and distribute an RFP for any remaining Year 4 funds that are not used for the expansion project.

B. Priority 2: Emergency Shelter

1. Operating costs for an Emergency Shelter: PLHA funds would be used for operating costs needed to run an emergency shelter. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.

KTHA currently uses a vulnerability index to prioritize housing for people experiencing homelessness. Additionally, using a coordinated entry system, KTHA, is able to make referrals form one database, in order to have a streamlined application and referral system between agencies who serve people experiencing
homelessness.

2. The City would consider Operating costs for bridge housing beds, leading to permanent housing: The City plans on working with eligible non-profits who provide bridge housing programs to help cover some gaps in operational financing, allowing them to continue providing housing to program participants that are currently working on permanent housing solutions.

CITY OF PORTERVILLE Page 6 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN C. Priority 3: Permanent Housing:

1. The City would consider funding Operating costs for Permanent Supportive Housing (PSH) Programs: The City plans on working with eligible non-profits and/or affordable housing developers who provide services to existing PSH programs to help cover some gaps in operational financing/or provide required match for funding, allowing them to continue providing housing to program participants that are currently receiving PSH housing vouchers. This will assist in ensuring that PSH units created for people experiencing homelessness, have the necessary case management to provide PSH units with a connection to supportive services.

2. As part of Amendment 3 of the 5-year PLHA plan year 4 is being allocated to navigation center capital improvement activity, if needed to cover a funding gap to complete the Porterville Navigation Center Expansion project.

Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

VI. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

A. For activities that will be carried out by subrecipients

1. Within 6 months after awards are received:

CITY OF PORTERVILLE Page 7 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN a. Create, publish and award and RFP offering an opportunity to fund an eligible entity to apply for PLHA funds to be used on one or more of the priorities identified in the plan.
b. Enter into agreement (s) to execute each program
B. For activities that will be carried out by the City proper procurement procedures will be followed to bid capital improvement projects.

C. Monthly

1. Monitor progress

2. Obtain monthly accomplishment data from subrecipients D. Yearly

1. Complete yearly accomplishment report

2. Apply for subsequent year funding to execute 5-year Plan Attachment 1: Current and Amended Budget Summary
CITY OF PORTERVILLE Page 8 of 8

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN Attachment 2: Summary of Public Comments Received at December 3 2024, Public Hearing
This section will be updated after the public hearing
Final Filing Date: June 30, 2027
at 4:00 P.M. PST
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanentlocal-housing-allocation Email: [email protected]
Business, Consumer Services and Housing Agency
Permanent Local Housing Allocation
(PLHA) Formula Allocation
5-Year Plan Amendment Form
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. No §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. No §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. No §301(a) Eligible activities are limited to the following: Select below:
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. No §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

No
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. No §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Yes
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. No §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. No File Name: Gov TIN Provide a signed Gov't TIN Form Uploaded to HCD? Yes File Name: Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments Uploaded to HCD? N/A File Name:

Application and/or Adopting the
PLHA Plan (2020-2023
Allocations) Reso
allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Yes Uploaded to
HCD? Yes
Zip Code: 93257
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? No §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300(c) and (d)?
A sample agreement can be
found by double clicking on the
icon to the right
N/A
Address: 291 N Main St City: Porterville State: CA
Zip Code: 93257
Contact Name: Claudia Calderon Title: Community Development Director Contact Email: [email protected] Contact Phone: (559) 782-7460 Address: 291 N Main St City: Porterville State: CA
County: Tulare
Auth Rep Name: Martha A. Flores Title: Mayor Auth Rep. Email: [email protected] Phone: (559) 782-7466 City: Porterville State: CA Zip: 93257
§300 Eligible Applicants
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Porterville
Address: 291 N Main St
§301 Eligible Activities
PLHA Formula - Amendment for years 2020, 2021, 2022, 2023 Rev. 03/18/24 Eligible Applicant Type: Entitlement Local Government Recipient of PLHA Formula Allocation: Porterville PLHA Page 1 Formula Allocation Application
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

No
PLHA Page 2 Formula Allocation Application
File Name: Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Uploaded to HCD? Yes §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

A. For activities that will be carried out by subrecipients

1. Within 6 months after awards are received:
a. Create, publish and award and RFP offering an opportunity to fund an eligible entity to apply for PLHA funds to be used on one or more of the priorities identified in the plan. b. Enter into agreement (s) to execute each program
B. For activities that will be carried out by the City proper procurement procedures will be followed to bid capital improvement projects.

C. Monthly

1. Monitor progress

2. Obtain monthly accomplishment data from subrecipients D. Yearly N/A N/A N/A
187
§302(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity (55 years required for rental
housing projects) N/A N/A N/A N/A N/A N/A N/A
5 15 10
0 §302(c)(4)(E)(ii) Projected Number of Households Served 5 15 8 5 15 9 100 N/A N/A N/A TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level Note: complete for years 2020, 2021, 2022 only N/A N/A N/A N/A N/A N/A N/A 30% 30% 30% §302(c)(4)(E)(ii) Area Median Income Level Served 30% 30% 30% 30% 30% 30% 30% 60% 25% 10% §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 62% 25% 8% 61% 25% 9% 100%
Emergency Shelter Operating Navigation Center Operating Supportive/Ca se Management Services Type of Activity for Persons Experiencing or At Risk of Homelessness Emergency Shelter Operating Navigation Center Operating Supportive/Case Management Services Emergency Shelter Operating Navigation Center Operating Supportive/Case Management Services Navigation Center Capital Costs 2023 2023 2023 Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2020 2020 2020 2021 2021 2021 2022 §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.

I. Priority 1: Navigation Center:

A. Operating and Capital costs for a Navigation Center: PLHA funds would be used for operation and capital costs associated with a Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

The amendment for Year 4 use of funds is to facilitate additional amenities at the Porterville Navigation Center (PNC) that include a dining hall, kitchen, office space and sanitation facility with public restroom and showers as an expansion. An amendment was required to Year 4 funding allocations to allocate these funds to cover a gap in funding and ensure completion of the project. CONTINGENCY: If the additional funds for the PNC are not needed, the funds would be reallocated to the Five Year Plan)
II. Priority 2: Emergency Shelter
A. Operating for an Emergency Shelter: PLHA funds would be used for operating costs needed to run an emergency shelter. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available. KTHA currently uses a vulnerability index to prioritize housing for people experiencing homelessness. Additionally, using a coordinated entry system, KTHA, is able to make referrals form one database, in order to have a streamlined application and referral system between agencies who serve people experiencing homelessness.

B. The City would consider Operating costs for a bridge housing beds, leading to permanent housing: The City plans on working with eligible non-profits who provide bridge housing programs to help cover some gaps in operational financing, allowing them to continue providing housing to program participants that are currently working on permanent housing solutions.

III. Priority 3: Permanent Housing:

A. The City would consider Operating for Permanent Supportive Housing (PSH) Programs: The City plans on working with eligible non-profits and/or affordable housing developers who provide services to existing PSH programs to help cover some gaps in operational financing/or provide required match for funding, allowing them to continue providing housing to program participants that are currently receiving PSH housing vouchers. This would include include operating expenses for Multi-family housing with units dedicated to people experiencing homelessness. This will assist in ensuring that PSH units created for people experiencing homelessness, have the necessary case management to provide PSH units with a §302(c)(4) Plan Rev. 03/18/24
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

A. The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over four (4) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

B. There are three priorities identified (not listed in order of priority, numbering is only for identification purposes):

1. Navigation Centers
a. Operating Costs
b. Capital Costs

2. Provide operating costs for emergency shelters and/or bridge housing programs.

3. Support Permanent Housing Programs to provide operating costs for permanent supportive housing programs.

The City of Porterville will utilize the Request for Proposals process to allow agencies to apply for funding associated with operating costs and will follow proper procurement standards for completion of the capital improvements. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

A. The City of Porterville will continue to prioritize investments that increase the supply of affordable housing for households under 60% AMI with PLHA funds. People experiencing homelessness, who are currently served by KTHA programs are typically under 30% Area Median Income (AMI); therefore, all the proposed priorities will serve households under 30% AMI. §302(c)(4)(C)
A. The City permits social service facilities, including emergency shelters, in the RM-3, CMX, D-MX, DRM-2, and DRM-3 zoning districts via a conditional use permit. Further, social service facilities are allowed by right in the CR and CG zone districts. clarifies this accommodation. C. Housing Element Goals consistent with the PLHA program priorities.

2. Goal 3: Address the housing needs of special populations, including seniors, female-headed households, persons with disabilities, first-time homebuyers, large families, and homeless individuals and families. Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA Page 1 302(c)(4) Plan

AGREEMENT
This Interagency Agreement (“Agreement”) is made between the City of Porterville (“CITY”) and the City of Porterville Finance Department (“Agency”).

WHEREAS, the 2021 American Rescue Plan Act (“ARPA”) provided $19,984,717 to the CITY from the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”); WHEREAS, the U.S. Department of Treasury is the federal agency that administers the SLFRF funding and has provided the CITY with the SLFRF funding conditional on the CITY complying with its rules and regulations;
WHEREAS, the CITY has established a process for CITY agencies and organizations external to the CITY to apply for SLFRF funding and recommends the Agency receive SLFRF funding for its Program as described in this Agreement;
WHEREAS, the CITY and the Agency wish to enter into this Agreement to memorialize each other’s responsibilities in regard to the SLFRF funding for the Program; and NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

A. PURPOSE
The CITY hereby agrees to provide SLFRF funding, in the amount set forth herein, to the Agency to facilitate the implementation of the Program set forth herein.

B. SCOPE OF PROGRAM
Agency shall implement the Program, including any milestones and deliverables, as described as: personnel costs, administrative expenses, testing costs, costs to cover change orders and contingencies, including cost adjustments in a contract or agreement, equipment, vehicles and technology infrastructure and upgrades that meet SLFRF guidelines. A budget of approximately $737,315 in SLFRF budgeted towards the overall remaining ARPA funds provided.

C . TERM
The term of this Agreement shall begin on December 18, 2024, and end on DECEMBER 31, 2026, unless terminated earlier in accordance with this Agreement.

D. FINANCIAL AND PERFORMANCE REQUIREMENTS

1. Funding. Subject to the availability of SLFRF funding, the CITY shall provide funds to the Agency for the Program, in the amount of Seven Hundred Thirty-Seven Thousand, Three Hundred Fifteen Dollars ($737,315) for the term. Any expenses/costs incurred by Agency in excess of this amount shall be the sole responsibility of Agency if additional SLFRF funding is not available from the CITY.

2. Budget. Agency agrees that all expenditures are to be in accordance with the approved budget for the term of this Agreement. The approved budget provided herein.

3. Payment. The CITY shall make SLFRF funding as specified in this Agreement available for use.

The SLFRF funding shall be used to provide the services described in this Agreement. Any SLFRF funding advanced to Department prior to the execution of this Agreement which is related to this Agreement is subject to the terms and conditions of this Agreement.

1. Reporting. The Agency agrees to provide supporting documents and corresponding reports as requested by the U.S. Department of the Treasury and the CITY to meet any reporting deadlines. The Agency shall adhere to the instructions and format, including specific forms required by the CITY and the U.S Department of Treasury for the SLFRF funding.

2. Audits. The Agency shall comply with all applicable provisions of the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements (2 CFR 200) and the regulations and guidance propagated by the U.S. Department of the Treasury applicable to SLFRF funding. At any time during business hours and as often as the CITY may deem necessary, there shall be made available for examination, the Agency’s records with respect to matters covered by this Agreement. The Agency shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, records of personnel, conditions of employment and other data relating to matters covered by this Agreement.

3. Records. The Agency shall retain records related to this Agreement for a period of five (5) years after all funds have been expended or returned to the U.S. Department of Treasury, whichever is later.

E. CORRECTIVE ACTION AND TERMINATION

3. Corrective Action. Upon written notice, the CITY may require the Agency to take corrective action so the Agency is in compliance with federal, state, or local laws, regulations, or rules related to the SLFRF funding for the Program. Corrective action may be required for but is not limited to instances in which the Agency: (a) fails to file a report, (b) fails to meet performance standards, (c) fails to meet milestones or timelines, or (d) misuses funds. The CITY may require corrective action of the Agency, including but not be limited to: (a) a written warning, (b) additional technical assistance, (c) additional monitoring, (d) Program suspension, and (e) reduction/repayment of funding.

4. Termination. Either party may terminate this Agreement by giving to the other party written notification prior to termination. Upon termination, the parties hereto agree that all reports and supporting documentation required for services rendered pursuant to this Agreement shall be provided to the CITY forthwith. Any funds advanced to the Agency for services not yet rendered shall be returned to the CITY immediately.

F. MODIFICATIONS AND AMENDMENTS
The Agency may submit a written request to the CITY asking for (i) an extension to the term of this Agreement; and/or (ii) a budget reallocation not to exceed twenty-five (25) percent of the SLFRF funding. The request should include an explanation for why an extension and/or Program budget reallocation is needed and be provided to the CITY at least sixty (60) days prior to the expiration date of this Agreement. The request must include all required documentation to justify the need for an extension and/or reallocation. The CITY will approve or deny the request in writing. The Agency may not expend the SLFRF funding under a reallocated Program budget until such time they have received written approval from the CITY. Any additional funds or other modifications may be added to this Agreement by written Amendment setting forth the modifications/ amendments signed by the parties and approved by the CITY, if applicable.

IN WITNESS WHEREOF, the parties hereto agreement to terms of this Agreement as of the date and year first written below.

FOR THE CITY FOR THE AGENCY
Signature Signature
Print Name Print Name
Title Title
Date Date
State, local, territorial and Tribal governments across the country are using State and Local Fiscal Recovery Funds (SLFRF) to mitigate the fiscal impacts of the pandemic and serve the needs of their communities.

Treasury has clarified that a recipient may enter into an interagency agreement, including a memorandum of understanding, between departments and agencies within a recipient’s government and treat those funds as obligated for purposes of SLFRF if the interagency agreement meets certain conditions, as discussed below and pursuant to FAQ 17.6.

SLFRF recipients must obligate all funds by the end of 2024, and must expend all funds by the end of 2026. 1 Treasury published the additional guidance in Section 17 of the SLFRF FAQs to clarify how recipients can complete obligated projects in 2025 and 2026, using contracts or subawards or interagency agreements.

Recipients may wish to use funds for a variety of projects undertaken themselves:
• To carry out educational programs, such as payroll for teachers for a summer program to address learning loss related to the pandemic;
• To administer a workforce training program;
• To finance capital projects through a housing agency; • To provide public safety services.

The interagency agreement must be in effect by December 31, 2024, and must meet these conditions:

ONE requirement from Column A: ALL requirements from Column B:
• Imposes conditions on the use of funds by recipient
agency, department, or part of government receiving
funds to carry out the program
• Sets forth specific requirements (e.g., scope of work and project deliverables)
• Governs provision of funds from one agency,
department, or part of government to another to carry
out an eligible use of SLFRF funds
• Is signed by the parties or otherwise evidences assent of parties
• Governs the procurement of goods or services by
one agency, department, or part of government from
another
• Does not disclaim binding effect or state that it does not create rights or obligations
The interagency agreement must be reported to Treasury as described in the Compliance and Reporting Guidance. A recipient can modify an existing interagency agreement before December 31, 2024 to ensure it meets the requirements described above and in FAQ 17.6. The agreement may also be between units of a Tribal government, as described in FAQ 17.23.

You can learn more about obligating SLFRF Funds through an interagency agreement by visiting our webpage, Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions at https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf and see FAQs 17.6 and 17.23, or scan this QR code:
1 For projects under the Surface Transportation and Title I eligible use categories, recipients must expend funds by September 30, 2026.

Obligating SLFRF Funds Through an Interagency Agreement U.S. Department of the Treasury State and Local Fiscal Recovery Funds Item No. 18.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Consideration of Cancellation of January 7, 2025, City Council Meeting SOURCE: Administrative Services
COMMENT: The City Council has canceled its first regular meeting in January for over the past twenty years in consideration of staff workloads and efforts to conform to the vacation and administrative leave policies for applicable management and support personnel. In reference to this history, this item is again being presented for Council's consideration.

If the January 7th meeting is not held, the next regularly scheduled meeting would be January 21, 2025. However, should the necessity arise, a special meeting could be scheduled to expedite any item which might require immediate action.

RECOMMENDATION: That the City Council provide direction to staff.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

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