Porterville City Council
March 18, 2025

Community Benefit Non-Profit Grant Program
Introduction
Community Benefit Program was established with the adoption of Resolution (Insert Resolution number) funded through commercial cannabis dispensary development agreements. Community Benefit Program includes funding for items such as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements (including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community), support of holiday and special community events, support of local public service, public safety, and special social and community organizations.

Non-Profit Grant Program Overview
The Community Benefit Non-Profit Grant Program was established as a component of the Community Benefit Program to provide grant funding for special social and community non-profit organizations within the City of Porterville. Funding is available through the Cannabis Community Benefit Fund. Funds can be used in support of non-profit organizations within the City of Porterville to provide a benefit to the community. Grants are available up to $5,000, depending on need and availability.

Eligible Applicants
Eligible applicants include on-going non-profit organizations that are located in and operate in the City of Porterville that are in good standing. The project or activities to be funded by the Program must be located within the incorporated area of the City of Porterville and provide a benefit to the community of Porterville.

Eligible Activities & Costs
• Working Capital (Capital for day-to-day operations of the firm, acquisition of assets, or payment of obligations) • Purchase of Equipment
• Special Events (expenses directly associated with planning and executing of special event i.e. permits, rental of equipment, supplies, materials, marketing, staff time)
• Real Property Improvements (construction triggers prevailing wage).

Application Process

1. Submit Completed Application: Completed Applications for the Community Benefit Non-Profit Grant Program may be submitted to [email protected] or submitted to Porterville City Hall, 291 N. Main Street, Porterville, CA.

Applications and supporting documentation will accepted annually from August 1st through October 31st. One application per eligible applicant may be submitted.

2. Application Review: Applications will be reviewed for completeness and eligibility.

3. Approval: Porterville City Council will consider the applications for approval after the close of the application period. A lottery will be performed if eligible applications exceed the funding amount available.

4. Grant Agreement & Award of Funding: Applicants receiving City Council approval funding will be required to sign a grant agreement and any additional documentation required prior to release of funds.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 2 of 3

5. Required Documentation: Applicants are required to provide documentation of the use of funds within ninety (90) days after grant award. Documentation includes invoices or receipts for materials and supplies, final bills of sale, and/or canceled checks. All documentation will be reviewed by staff.

Equal Opportunity Compliance
The Community Benefit Non-Profit Grant Program (also referred to in this application form as “The Program”) will be implemented in ways consistent with the City’s commitment to State and Federal equal opportunity laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Benefit Non-Profit Grant Program funds on the basis of his or her religion, religious affiliation, age, race, color, creed, ancestry, national origin, sex, marital status, familial status, physical or mental disability, medical condition, genetic information, sexual orientation, gender, gender identity, gender expression or other arbitrary cause.

Checklist of Required Documents/Information
DOCUMENTATION TO PROVIDE WITH APPLICATION: (Must be turned in with application in order to be considered a COMPLETE application)
☐ City of Porterville Business License, and other permits required for business operation. ☐ Detailed description of the proposed project or use of funds, including cost summary. ☐ Copy of valid IRS tax exemption certificate demonstrating non-profit status ☐ Copy of Non-profit documentation demonstrating good standing non-profit status with State of California Department of Justice
Applicant Information
Applicant Name(s): Click or tap here to enter text.

Entity Name: Click or tap here to enter text.

Project or Program Name (if applicable) : Click or tap here to enter text.

Project Address (if applicable) : Click or tap here to enter text.

Tax ID#:Click or tap here to enter text.

Non-Profit Business Address: Click or tap here to enter text.

Years in Operation: Click or tap here to enter text.

Daytime Phone #: ( ) Evening Phone #: ( )
Please provide a description of non-profit organization: (Please attach separate sheet of paper to include additional information)
Click or tap here to enter text.

Please provide a description intended use of funds: (Please attach separate sheet of paper to include additional information) Click or tap here to enter text.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 3 of 3 Required Certifications
By checking the boxes below, the undersigned hereby certifies that the statement is true and correct to the best of their knowledge:
☐ I certify that the business is located within the City of Porterville, and the business maintains all proper licenses and permits for operation.
☐ I certify that the business is current with all local, state, and federal taxes. ☐ I certify that the above information contained on this form and attachments is accurate and complete to the best of my knowledge, under penalty of law and verifiable by federal government representatives. I understand that funds are limited and acceptance of application does not guarantee a funding commitment or project approvals from the Community Benefits Grant Program. I will provide the information required to verify this data (e.g. payroll records, tax filings, account statements, etc.). I understand that the City of Porterville will rely on the accuracy of the submittals and certifications made in conjunction with this application. Any misrepresentation or inaccurate information may result in disqualification of the grant application and/or request for repayment of money awarded.

Click here to enter text.

Business Name
Click here to enter text.

Signature Date
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Title
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Signature Date
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Title

CITY OF PORTERVILLE
Cannabis Community Benefit Non-Profit Grant Program
Grant APPLICATION
Community Development Department • 291 N. Main St. • Porterville, CA 93257 (559) 782-7460 • Office Hours: Mon. – Fri. 8 a.m. – 5 p.m. www.ChoosePorterville.com • [email protected]

Community Benefit Small Business Grant Program
Introduction
Community Benefit Program was established with the adoption of Resolution (Insert Resolution number) funded through commercial cannabis dispensary development agreements. Community Benefit Program includes funding for items such as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements (including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community), support of holiday and special community events, support of local public service, public safety, and special social and community organizations.

Small Business Grant Program Overview
The Community Benefit Small Business Grant Program was established as a component of the Community Benefit Program to provide grant funding for small businesses within the City of Porterville. Funding is available through the Cannabis Community Benefit Fund. Funds can be used in support of for-profit small businesses within the City of Porterville to improve signage and business façade to be compliant with the Porterville Development Ordinance, and make ADA improvements. Grants are available up to $5,000, depending on need and availability.

Eligible Applicants
Eligible applicants include for-profit businesses that are located in and operate in the City of Porterville (in good standing) and meet the definition of a small business as defined by the U.S. Small Business Administration. The project to be funded by the Program must be located within the incorporated area of the City of Porterville and be compliant with the Porterville Development Ordinance.

Eligible Activities & Costs
• Façade Improvements (i.e. signage, awning, or window replacements, lighting) • Purchase of Equipment
• ADA improvements
• Code Violation remediations within the façade of building.

Application Process

1. Submit Completed Application: Completed Applications for the Community Benefit Small Business Grant Program may be submitted to [email protected] or submitted to Porterville City Hall, 291 N. Main Street, Porterville, CA. Applications and supporting documentation will accepted on an ongoing basis until funds are expended. One application per eligible applicant may be submitted.

2. Application Review: Applications will be reviewed for completeness and eligibility on a first come first serve basis.

3. Approval: Porterville City Council will consider the applications for approval.

4. Grant Agreement & Award of Funding: Applicants receiving approval funding will be required to sign a grant agreement and any additional documentation required prior to release of funds. A copy of an invoice or estimate/bid of eligible expenses is required for the issuance of funds.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 2 of 3

5. Required Documentation: Applicants are required to provide documentation of the use of funds within ninety (90) days after grant award. Documentation includes invoices or receipts for materials and supplies, final bills of sale, and/or canceled checks. All documentation will be reviewed by staff.

6. Labor Standard Requirement: Prevailing wages are required to be paid in adherence with applicable State laws for construction project financed by City grant funds.

Equal Opportunity Compliance
The Community Benefit Small Business Grant Program (also referred to in this application form as “The Program”) will be implemented in ways consistent with the City’s commitment to State and Federal equal opportunity laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Benefit Non-Profit Grant Program funds on the basis of his or her religion, religious affiliation, age, race, color, creed, ancestry, national origin, sex, marital status, familial status, physical or mental disability, medical condition, genetic information, sexual orientation, gender, gender identity, gender expression or other arbitrary cause.

Checklist of Required Documents/Information
DOCUMENTATION TO PROVIDE WITH APPLICATION: (Must be turned in with application in order to be considered a COMPLETE application)
☐ City of Porterville Business License, and other permits required for business operation. ☐ Detailed description of the proposed project or use of funds, including cost summary. ☐ Recent Credit Report Printout
Applicant Information
Applicant Name(s): Click or tap here to enter text.

Entity Name: Click or tap here to enter text.

Project or Program Name (if applicable) : Click or tap here to enter text.

Project Address (if applicable) : Click or tap here to enter text.

Tax ID#:Click or tap here to enter text.

Non-Profit Business Address: Click or tap here to enter text.

Years in Operation: Click or tap here to enter text.

Daytime Phone #: ( ) Evening Phone #: ( )
Please provide a description of non-profit organization: (Please attach separate sheet of paper to include additional information)
Click or tap here to enter text.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 3 of 3 Please provide a description intended use of funds: (Please attach separate sheet of paper to include additional information) Click or tap here to enter text.

Required Certifications
By checking the boxes below, the undersigned hereby certifies that the statement is true and correct to the best of their knowledge:
☐ I certify that the business is located within the City of Porterville, and the business maintains all proper licenses and permits for operation.
☐ I certify that the business is current with all local, state, and federal taxes. ☐ I certify that the above information contained on this form and attachments is accurate and complete to the best of my knowledge, under penalty of law and verifiable by federal government representatives. I understand that funds are limited and acceptance of application does not guarantee a funding commitment or project approvals from the Community Benefits Grant Program. I will provide the information required to verify this data (e.g. payroll records, tax filings, account statements, etc.). I understand that the City of Porterville will rely on the accuracy of the submittals and certifications made in conjunction with this application. Any misrepresentation or inaccurate information may result in disqualification of the grant application and/or request for repayment of money awarded.

Click here to enter text.

Business Name
Click here to enter text.

Signature Date
Click here to enter text.

Title
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Signature Date
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Title
RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE ESTABLISHING A COMMUNITY BENEFIT

NON-PROFIT GRANT PROGRAM AND COMMUNITY BENEFIT

SMALL BUSINESS GRANT PROGRAM
WHEREAS, the Porterville City Council Adopted Ordinance No. 1886,1887, and 1902 approving Development Agreements for the operation of retail cannabis dispensaries; and
WHEREAS, the adopted Cannabis Development Agreements established a Community Benefit Program funded by retail cannabis dispensaries; and WHEREAS, the City of Porterville values the contributions that local non-profit organizations make in the community; and
WHEREAS, the City of Porterville values local small businesses and economic impact they make in the community;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville:

1. A Community Benefit Non-Profit Grant Program is hereby established.

2. A Community Benefit Small Business Grant Program is hereby established.

3. Said grant programs may be funded by the Community Benefit Program funded by retail cannabis dispensaries annually at the discretion of the City Council.

PASSED, APPROVED, AND ADOPTED this 18th day of March, 2025. _________________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: ___________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 27.

CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Consideration of Proposed Amendments to Chapter 15 article 7 and Chapter 21 Series 200 and 300 of Porterville Municipal Code Regarding Cannabis Dispensary Regulations and Potential Relocation of Existing Business
SOURCE: City Manager's Office
COMMENT: The owner of Premium Blossom, also known as Cannabis Express, Inc. has requested to relocate its current cannabis dispensary located at 200 North Main Street, Porterville to 1432 W. Olive Avenue, Unit A, Porterville. In furtherance of this request, the owner has submitted plans to the City Project Review Committee for a Tentative Parcel Map and requested changes to its current Development Agreement.

The matter was referred to the Cannabis Committee, and the Committee reviewed and considered the matter on January 13, 2025, and February 28, 2025. The Committee also considered whether certain changes to the City's zoning and operations regulations might also be in order. As part of that consideration, on February 28th, the Cannabis Committee considered and acted to recommend that the City Council consider and approve amendments to the zoning regulations that would allow cannabis dispensaries to be located in the CG (Commercial) zone, subject to all other restrictions and requirements set forth in the Municipal Code, in addition to the DR-N, DR-S, and Airport Industrial Zone Districts of the City.

On February 28, 2025, the Cannabis Committee also considered whether to forward a recommendation to the City Council concerning certain amendments to the City's regulations and the Development Agreement concerning Cannabis Dispensary operations requested by the owner of Premium Blossom in connection with its current and proposed operation, including changes in the regulations and/or Development Agreement to allow the change in location, to allow the required licensed security personnel to be employees of the dispensaries (instead of independent contractors), and to allow the development of a City-approved drive-through facility at the new location. Due in part to the close proximity of one school teaching children under the age of 18 (almost exactly 600 feet), the proximity of the adult school (approximately 80 feet), and concerns expressed by the Porterville Unified School District, the Cannabis Committee did not Item No. 27.
agree on a specific recommendation, but directed that the proposed changes be brought to the City Council for consideration. The Committee made additional inquiries concerning restricting deliveries from cannabis dispensaries outside the city limits, and City staff also noted that other minor changes to the general regulations have been previously recommended, such as allowing additional flexibility in the hours of operations and removing the requirement for "bullet-resistant" glass, as well as some minor clarifications in the wording.

The City Planner has developed a draft ordinance containing the recommended changes to the zoning regulations, along with grammatical/wording fixes. The City Attorney has also drafted an Ordinance Amending Article VII of Chapter 15 concerning the cannabis dispensary operations requirements, consistent with the various requests above.

The Cannabis Committee recommends that the City Council approve the changes to the zoning regulations. If the City Council approves the changes tonight (with or without additional amendments), a public hearing can be scheduled for the review and consideration of the Ordinance for first reading.

The City Council can also decide whether to move forward to allow Premium Blossom's request to relocate, and can review and consider what proposed amendments to Article VII of Chapter 15 should be made. If the City Council decides to move forward with the relocation, staff requests that the City Council staff, in conjunction with the Cannabis Committee's oversight, put together a new Development Agreement for the new site, to be considered for adoption by ordinance after approval by the owner of the proposed changes, and after the requisite public hearing (in accordance with California Government Code Section 65865 et al. and the City's regulations).

RECOMMENDATION: That the City Council:

1. Authorize the setting of a public hearing on May 20, 2025, to consider and give first reading to an Ordinance amending Chapter 21, Series 200 and 300 of the Porterville Municipal Code, adding "Cannabis Dispensaries" as a
permitted use in the CG General Commercial Zone and
minor typographical corrections;

2. Consider whether to allow the relocation of the cannabis dispensary located at 200 N. Main Street to 1432 W. Olive Avenue in Porterville, and authorize the drafting of a
Development Agreement for the new location; and

3. Consider the draft ordinance amending Article VII of Chapter 15 of the Porterville Municipal Code, with various Item No. 27.
proposed changes affecting cannabis dispensary
operations, and the potential setting of first reading and a public hearing concurrent with the hearing in
Recommendation no. 1, above.

ATTACHMENTS: 1. Draft Chapter 21 Cannabis Amendments

2. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 21, SERIES 200 AND 300 OF THE PORTERVILLE MUNICIPAL CODE, ADDING “CANNABIS DISPENSARIES” AS A PERMITTED USE IN THE CG GENERAL

COMMERCIAL ZONE AND MAKING MINOR TYPOGRAPHICAL CORRECTIONS WHEREAS, California legislation provides that the City of Porterville has the power to regulate commercial cannabis activities, including the regulations of cannabis dispensaries; and WHEREAS, in 2021, the City Council of the City of Porterville adopted Ordinance No. 1853, allowing a limited number of Cannabis Dispensary Businesses and establishing permitting procedures and regulations; and
WHEREAS, the City Council desires to make amendments to the City’s local regulations related to the zone districts in which cannabis dispensaries are a permissible use.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. Table 203.02 of Section 203.02 of Article 203 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Use Classifications CN CR CG CMX Additional Regulations Residential uses:

Multi-family residential - - - P(1
) Section 201.04
Family daycare home: See sub-classifications below
Small - - - P
Large - - - P Section 301.07, “Family
Daycare Home, Large”
Group residential - - - P(2
)
Residential care
facilities, limited - - - P
Public and semipublic uses:

Clubs and lodges C - P P Section 301.02, “Alcoholic
Beverage Sales”
Use Classifications CN CR CG CMX Additional Regulations Colleges and trade
schools, public or
private
- C C C
Community centers P - - C
Cultural institutions C - C C
Daycare 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 C Section 301.19, “Social Service Facilities”
Commercial uses:

Animal care, sales and
services: See sub-classifications below
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 -
Use Classifications CN CR CG CMX Additional Regulations 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”
Towing and impound
yards - - C(20) -
Section 300.03 “Fencing”;
Section 300.09 “Outdoor
Storage”; 300.10 “Screening
”
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
Cannabis dispensary P Municipal Code Chapter
15, Article VII
Commercial
entertainment and
recreation:

See sub-classifications below
Use Classifications CN CR CG CMX Additional Regulations 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
Bars/nightclubs/lounge
s - C C C
Sections 300.08, “Outdoor
Seating”; and 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
Sections 300.08, “Outdoor
Seating”; and 301.02,
“Alcoholic Beverage Sales”
Restaurants, greater
than 3,000 square feet C(5) P P P
Sections 300.08, “Outdoor
Seating”; and 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
Use Classifications CN CR CG CMX Additional Regulations 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 -
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
Use Classifications CN CR CG CMX Additional Regulations Recycling collection
facility - C P - Section 301.14, “Recycling Facilities” Recycling processing
facility - - C - Section 301.14, “Recycling Facilities” Reverse vending
machine P P P P 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,
“Telecommuni cation
Facilities”
Antenna and
transmission towers,
non-camouflage
facilities
M(16) M(16) M(16) M(16)
Section 301.20,
“Telecommuni cation
Facilities”
Broadcasting facility - M M -
Section 301.20,
“Telecommuni cation
Facilities”
Call center - P(3) P -
Recording studio - P(4) P(4) -
Freight/truck terminals
and warehouses - - C -
Use Classifications CN CR CG CMX Additional Regulations Transportation
passenger terminals - P P -
Utilities, minor P P P P
Agricultural and extractive uses:

Crop cultivation,
commercial M M M M Section 301.06, “Crop Cultivation”
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 Article 307, “Nonconforming Uses, Structures, And Lots” Temporary use Section 301.21, “Temporary Uses”

Notes:

Specific Limitations:
(1) Multi-family residential is permitted in conjunction with allowable nonresidential uses. (2) Limited to no more than 2 rooms in a dwelling rented to not more than a total of 4 persons and meals are not provided to more than 4 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 1 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. (20) Salvage and wrecking yards are not permitted. Caretaker units are only permitted when explicitly addressed in the CUP.

SECTION 2. Section 301.23 of Article 301 or Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:
301.23: CANNABIS CULTIVATION, USE, AND COMMERCIAL ACTIVITIES:

A. Purpose And Intent:

1. The City Council, based on evidence presented to it in the proceedings leading to the adoption of this chapter, hereby finds that the cultivation, preparation, and distribution of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include increases in various types of crime due to outdoor grows, damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and related crimes. Many of these impacts have fallen disproportionately on residential neighborhoods, but nonetheless also negatively impact properties in the Commercial Districts. These impacts have also created an increase in response costs, including Code enforcement, building, land use, fire, and police staff time and expenses.

2. The City Council finds that the restrictions and/or prohibitions on non-commercial cultivation, commercial marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council in its Charter and State law.

3. The purpose of this section is to restrict non-commercial cultivation, and to restrict and/or prohibit the establishment of commercial cannabis uses in the City.

B. Interpretation And Applicability:

1. Nothing in this section is intended to, nor shall it be construed to, preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.

2. Nothing in this section is intended to, nor shall it be construed to, burden any defense to criminal prosecution otherwise afforded by California law.

3. Nothing in this section is intended to, nor shall it be construed to, exempt any cannabis related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

4. Nothing in this section is intended to, nor shall it be construed to, make legal any cultivation, transportation, sale or other use of cannabis that is otherwise prohibited under California law.

5. All cultivation activities within City limits shall be subject to the provisions of this section and other applicable provisions of this Code, regardless of whether the cultivation activities existed or occurred prior to adoption of this section.

C. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ACCESSORY
STRUCTURE:

A residential accessory structure shall include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, and workshops. Any accessory structure must be compliant with Section 301.01 of this article and any other applicable provisions of the Municipal Code.

CANNABIS (AND/OR
MARIJUANA):

Any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus of Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purposes of this Code, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code.

CANNABIS
ACCESSORIES:

Is As defined in Chapter 15, Article VII of the Municipal Code.

CANNABIS DISPENSARY: Is As defined in Chapter 15, Article VII of the Municipal Code.

CANNABIS (OR

MARIJUANA) COLLECTIVE

OR COOPERATIVE OR
COLLECTIVE:

Includes any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code section 11362.5 (Compassionate Use Act) of California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

CANNABIS PRODUCT: Is As defined in chapter 15, article VII of the Municipal Code.

COMMERCIAL CANNABIS
ACTIVITY:

Is As defined in chapter 15, article VII of the Municipal Code.

CONCENTRATED
CANNABIS:

Is As defined in chapter 15, article VII of the Municipal Code.

DELIVERY: Is As defined in chapter 15, article VII of the Municipal Code.

DISTRIBUTION: Is As defined in chapter 15, article VII of the Municipal Code.

MAUCRSA: The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the California Business and Professions Code, as the same may be amended from time to time.

MANUFACTURE: Is As defined in chapter 15, article VII of the Municipal Code.

MEDICAL CANNABIS
DISPENSARY:

Is As defined in chapter 15, article VII of the Municipal Code.

PERSONAL (NONCOMMERCIAL)
CULTIVATION:

Any activity involving the growing, planting, harvesting, drying, curing, grading, or trimming, and includes processing of cannabis when done for individual (noncommercial) purposes.

PROCESSING: Is As defined in chapter 15, article VII of the Municipal Code.

SENSITIVE USE: Any cemetery, religious institution, school, public building regularly frequented by children, public park, or boys’ club, girls’ club or similar organization.

D. Severability: If any part of this section is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

E. Personal (Non-Commercial) Cultivation And Other Activities: Personal, noncommercial cultivation and other activities including drying, harvesting, processing, smoking, and use are restricted pursuant to this section and/or chapter 18, article XI of the Municipal Code. Nothing in this section shall prohibit a person twenty one (21) years of age or older from engaging in the cultivation of six (6) or fewer live cannabis plants within a single private residence, or inside an accessory structure located upon the grounds of a private residence. Alternatively, the six (6) or fewer plants may be grown outdoors within a locked space that is not visible by normal, unaided vision from a public place or from the surrounding properties. Additionally, the following requirements apply:

1. There shall be no exterior evidence of cannabis cultivation occurring at any property, from the public right-of-way.

2. Cannabis cultivation lighting shall not exceed 140,000 lumens (traditionally referenced as one thousand two hundred watts (1,200 W)).

3. If grown in an accessory structure, the structure(s) shall at all times meet the requirements of the latest adopted version of the California Building, Fire, Mechanical, Electrical and Plumbing Codes (collectively California Codes). All required electrical permits must be obtained pursuant to the California Codes and applicable regulations, and proper permits must be obtained from the Building Division prior to performing any work on electrical wiring or rewiring.

4. If required by the California Codes, the wall(s) adjacent to the cultivation area shall be constructed with five-eighths inch (5/8") type X moisture-resistant drywall.

5. Cannabis cultivation areas shall be secured by a functioning audible alarm at all times during growing seasons.

6. The growing of cannabis outdoors shall comply with setback requirements for the primary residence on the property subject to the zoning classification of the property.

7. Cannabis plants grown outdoors shall be grown in an area enclosed with a solid view obscuring fence, secured with self-closing and locking gates.

8. Areas for cultivation of cannabis shall be secured, locked, and fully enclosed, and rendered inaccessible to minors.

9. All restrictions set forth in chapter 18, article XI of the Municipal Code, applicable to cultivation, shall be complied with.

F. Prohibited Uses And Activities:

1. With the exception of cannabis dispensaries as set forth further in this section, and as regulated in chapter 15, article VII of the Municipal Code, commercial cannabis activity, whether or not for profit, is expressly prohibited in all zones, specific plans areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow or engage in commercial cannabis activity anywhere within the City, unless expressly permitted by this section or elsewhere in the Municipal Code.

2. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City, unless the commercial activity is expressly permitted by the Municipal Code, and the activity at that location has been expressly authorized by the City in accordance with applicable City regulations and State laws. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

3. Unless expressly authorized by the Municipal Code, subsection F1 of this section shall prohibit all activities for which a State license is required pursuant to MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time, except for activities expressly authorized and permitted by the City. The City shall also not issue any local license to a nonprofit entity pursuant to California Business and Professions Code section 26070.5, except as expressly authorized and permitted by the City.

G. Permitted Use:

1. Location: Commercial cannabis dispensary uses shall be allowed to be established and operated by business owners (as defined in section 15-85 of the Municipal Code), that meet all of the requirements specified in this section and chapter 15, article VII of the Municipal Code, in the CG, DR-N, DR-S and Airport Industrial Zone Districts of the City, subject to having a valid State license for the operations, having a regulatory permit from the City, obtaining a City business license, and having entered into a Development Agreement between the business owners and the City. Any cannabis dispensary permitted to be established shall at all times be in compliance with this section and chapter 15, article VII of the Municipal Code, as it may be amended from time to time or repealed and replaced by another section governing cannabis dispensary operation, but subject to the terms and conditions within the applicable Development Agreement.

2. Number of Permits: The number of regulatory permits for cannabis dispensaries is limited to no more than two permits, plus an additional permit for every twenty five thousand (25,000) residents. The City Council may reserve one of the allowed permits exclusively for a medical cannabis dispensary use, in conformity with the applicable regulations set forth in chapter 15, article VII of the Municipal Code.

3. Distance Separation From Schools: All cannabis dispensaries shall comply with the distance separation requirements from schools as required by State law. In addition, a cannabis dispensary shall not be located within six hundred feet (600') from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 - 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of section 11362.768 of the Health and Safety Code unless otherwise provided by law.

4. Building Property Requirements: All building property requirements set forth in chapter 15, article VII of the Municipal Code shall also apply and are hereby incorporated by reference as if set forth fully herein.

5. Additional Requirements: Cannabis dispensary uses are additionally subject to all setback, signage, and other requirements applicable to the zone classifications they are located in, in addition to any applicable requirements set forth in this chapter and the Municipal Code, as well as the Downtown Design Guidelines, in applicable zone districts.

H. Enforcement: Any violation of this section is subject to any and all penalties as prescribed in the Municipal Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of this section or the Municipal Code authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1866, 11-19-2019; amd. Ord. 1880, 2-16-2021) SECTION 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. Furthermore, this ordinance is exempt pursuant to California Business and Professions Code Section 26055(h) on the basis that the adoption of this ordinance that require discretionary review under CEQA to approve licenses to engage in commercial cannabis activity in the City. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

SECTION 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Porterville, or any official, employee or agent thereof.

SECTION 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Porterville Municipal Code as amended by this ordinance are substantially the same as provisions in the Porterville Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

PASSED, APPROVED AND ADOPTED this _______day of ____________, 2025.

By:

Greg Meister, Mayor
ATTEST:____________________
Jason Ridenour, City Clerk
1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15, ARTICLE VII OF THE PORTERVILLE MUNICIPAL CODE, “CANNABIS DISPENSARIES,” MODIFYING HOURS OF OPERATION, PREMISES

SECURITY, RESTRICTING DELIVERIES, AND ADDITIONAL MINOR CLARIFICATIONS WHEREAS, California legislation provides that the City of Porterville has the power to regulate commercial cannabis activities, including the regulations of cannabis dispensaries; and WHEREAS, in 2021, the City Council of the City of Porterville adopted Ordinance No. 1853, allowing a limited number of Cannabis Dispensary Businesses and establishing permitting procedures and regulations; and
WHEREAS, the City Council desires to make amendments to the City’s local regulations related to hours of operation and security of the premises;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. Chapter, 15, Article VII, Section 15-87 is amended as follows:

CHAPTER 15
ARTICLE VII – CANNABIS DISPENSARIES
15-87: Cannabis Dispensaries Requirements and Restrictions.

A. Maximum Number of Permits. The number of regulatory permits for dispensaries is limited to no more than two permits, plus an additional permit per every 25,000 residents. Said permits may be issued for medical (Type M) or adult (Type A) businesses as allowed by the State. However, the City Council may, but is not required to, reserve one of the allowed permits for exclusively a medical cannabis dispensary. No applications for regulatory permits shall be accepted or considered for approval by the City until authorized by the City Council, and shall only be accepted under the terms and conditions specially established by the City Council.

B. Regulatory Permit/Fees.

1. Regulatory Permit. No person or entity shall operate a Cannabis Dispensary within the City of Porterville without first obtaining a Cannabis Regulatory Permit from the City. The Regulatory Permit shall be site specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the Regulatory Permit.

2. Request for Proposals Processes. The City may conduct initial request for proposals processes for regulatory permit applications (commercial or medical), once it determines when dispensary regulatory permits shall become available, and thereafter as such permits become available. Nothing in this Chapter or Code shall be construed to create an obligation for the City to conduct a request for proposals process for, or to create an obligation to grant a permit to, any cannabis dispensary. The City Council may authorize the initiation of the Request for Proposals Process at any time for any one or more of the available permits, up to the maximum number permitted by this Article. 2 3. Medical Cannabis Dispensaries.
a. If, after one full year from the City’s first issuance of a Request for Proposals solely for a Medical Cannabis Dispensary, no responses are received within the prescribed time period for such responses, the City Council may opt to allow the permit reserved for a medical dispensary to be utilized for an adultuse dispensary, as otherwise permitted by this Chapter. b. Any Medical Cannabis Dispensary established pursuant to this Chapter must be in operation for a full year before it will be eligible to apply for any transition to an adult-use dispensary (Type A), and any medical cannabis dispensary applying for a transition shall be subject to all the requirements of this Chapter, including applying for a new regulatory permit and entering into a new development agreement.

4. Permit Availability at the Discretion of the City Council. The City shall maintain complete discretion over whether any permit approvals are made, how many permit approvals are made, when permits shall be issued, where the uses may be located (subject to Chapter 21), the terms and conditions under which any or all of the permits are issued, and the manner of permit approvals.

5. Fees. All related fees and charges associated with conducting a request for proposals process, regulatory fee application process, and the granting, administering, and enforcing of the regulatory permits, and any other City costs related to the operations of a dispensary shall be established by Resolution(s) of the City Council, which may be amended from time to time.

C. Development Agreement. No approval required by this Article shall be given for any permit for a dispensary unless the City Council prior to or concurrently with approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of this Article, all other local ordinances and regulations, state law and such other terms and conditions that will protect and promote the public health, safety and welfare. No use or operation under any permit for a dispensary shall be allowed to begin until the development agreement is effective.

D. State Law and Other State Laws. The cannabis dispensary shall at all times be in compliance with State Law and the implementing regulations, as they may be amended from time to time, as well as all required State license(s) under State Law, and any other applicable State law. The Operator shall obtain required licenses under State Law prior to opening for business, or if the State is not ready to issue licenses under State Law prior to the time of opening, within twelve (12) months of the State being ready to issue the required license(s). Provided, however, that the Operator shall at all times be in compliance with all other requirements of State Law and implementing regulations, and any other applicable State law, regardless of the timing of the issuance of a license under State Law. The Operator shall meet or exceed the health and safety requirements of State Law in any operations relating to recreational cannabis.

E. Register of Employees. The Operator shall maintain a current register of the names of persons required to have Employee Permits. The register shall be available to the Police Chief at all times immediately upon request. All agents, officers, or other persons acting for or employed by a licensee shall display a laminated identification badge issued by 3 the licensee. The identification badge shall, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first and last name, and a color photograph of the employee that shows the full front of the employee’s face and that is at least 2 inches by 2 inches in size.

F. Labeling. All cannabis products offered to customers at a retail location must provide testing and labeling at a minimum as required by State law and in compliance with any additional City regulations and as they may be amended.

G. Signage. All signage shall be subject to approval by the City of Porterville and consistent with the City’s Signage Ordinances, and any other policies or guidelines adopted by the City.

H. Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.

I. Transportation. Transportation shall only be conducted according to activity permitted by State law.

J. Distribution. There shall be no distributions to the Premises of cannabis or cannabis containing products except from properly licensed and permitted cannabis businesses.

City-licensed and permitted cannabis retailers shall not distribute cannabis as a licensed distributor within the City.

K. Minors. It shall be unlawful for any Operator to employ any person who is not at least twentyone (21) years of age, or any older age if set by the State.

L. Hours of Operation. Cannabis Dispensaries shall be allowed to operate per the requirements of the underlying zone district and subject to the City's noise and nuisance ordinances but in no case shall exceed the minimum State standards. Additionally, the City Council may set allowed hours of operation by Resolution that are more restrictive, if it finds that the limitations are appropriate to protect the public health, safety, peace or welfare.

M. Compliance with Building and Related Codes. The Premises in which the Cannabis Dispensary operations occur shall comply with all applicable local, State and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the City. The Operator shall obtain all required building permits and comply with all applicable City standards.

N. Secure Building. All Cannabis Dispensary operations shall occur entirely inside of a building (excluding any expressly authorized drive - through facility) that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door. Any authorized drive-through facilities shall be designed and operated with appropriate security features and measures as approved by the City.

O. Premises Security. The following security conditions shall apply:

1. Alarm System (both perimeter, fire and panic). A licensee shall maintain an alarm system as defined in Business and Professions Code section 7590.1(n). A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm 4 agents installs, maintains, monitors, and responds to the alarm system.

2. Remote monitoring of alarm systems.

3. Exterior lighting systems for after-hours security.

4. Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of State Law, include interior monitoring of all access points of the site from the interior, and be of a minimum 5 mega pixels in resolution. Cameras shall record continuously 24 hours per day and at a minimum of 20 frames per second. Areas monitored are defined by State law.

5. All security systems at the site are attached to an uninterruptable power supply that provide continuous power.

6. The Porterville Police Department or Department designee shall have access to all security systems.

7. Subject to the provisions below regarding the use and handling of Confidential Information, IP access for remote monitoring of security cameras by the Porterville Police Department or Department designee.

8. Subject to the provisions below regarding the use and handling of Confidential Information, any and all video or audio tape recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of thirty (30) days and must be made available to the Porterville Police Department or Department designee for duplication upon demand. In addition, upon request by the Porterville Police Department the Responsible Party shall duplicate the records for the Porterville Police Department or Department designee.

9. [Reserved.]

10. Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

11. Electronic track and trace systems for cannabis products shall be utilized as approved by the City and as required by State law.

12. Premises may be inspected and records of the Business Owner audited by the City for compliance on a quarterly basis or at any reasonable time at the City’s discretion.

13. State of the art network security protocols and equipment need to be in place to protect computer information.

14. The foregoing requirements shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the Business Owner.

15. The City, Police Chief, Police Department employees, and any other law enforcement official acting under the direction of the Police Chief who access the Premises and video and/or audio feeds or recordings of the Premises ("Recipients") may receive or be provided with confidential information relating to the Cannabis dispensary, which may 5 include the following: data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively "Confidential Information").To the extent Confidential Information is acquired without a warrant for access to the Premises and video and/or audio feeds or recordings as authorized under this section, the Recipients shall, to the maximum extent possible, keep such Confidential Information confidential and not disclose the Confidential Information to any third parties. Provided, however, that the Recipients may disclose Confidential Information to the State or Federal courts in California in connection with any criminal law enforcement action against the Business Owner or Operator, (including its employees, contractors and agents conducting business within the Premises) arising from or related to the Cannabis dispensary, but only to the extent it is necessary and relevant to such criminal prosecution, and the Recipients shall file any such documents under seal to the extent they contain any Confidential Information. Notwithstanding the foregoing, the City may disclose Confidential Information:
a. As may be required by the California Public Records Act or pursuant to a civil subpoena, provided however, the City shall notify the Operator and provide the Operator with a reasonable opportunity to obtain a protective order before disclosing the Confidential Information
b. In connection with any City enforcement proceeding relating to compliance with City's Municipal Code and this section, but only to the extent the Confidential Information is relevant to the proceeding.

P. Delivery.

1. Unless otherwise (and only to the extent) required to be permitted by State law, deliveries to customers from dispensaries located outside the City are prohibited.

2.. All deliveries of cannabis goods must be performed by a delivery employee of a licensed dispensary.Each delivery employee of a licensed dispensary shall be at least 21 years of age.

3. A licensed dispensary shall not use the services of an independent contractor or courier service to deliver cannabis goods.

4. All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unmanned vehicle.

5. A delivery employee begins the process of delivering when the delivery employee leaves the dispensary premises with the cannabis goods for delivery. The process of delivering ends when the delivery employee returns to the licensed dispensary premises after delivering the cannabis goods to the cannabis patients or primary caregivers.

6. A delivery employee of a licensed dispensary shall, during deliveries, carry a copy of the dispensary’s current license, the employee’s government-issued identification, and an employer provided badge containing a picture and the name of the delivery employee.

7. A licensed dispensary shall maintain an accurate list of the dispensary’s delivery employees.

Q. Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:

1. Deliveries to the Premises of supplies shall only occur as provided for in the diagram and floor plan on file with the City as part of the application process. Delivery vehicles 6 shall not have any markings indicating that deliveries are being made to a Cannabis Dispensary.

2. The transportation of cannabis samples and product to and from the Premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The Responsible Party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief.

R. Premises Maintenance. The Business Owner, Operator, and all Responsible Parties shall continually maintain the Premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public, and in accordance with the conditions and site plan approved with the Development Agreement. The Premises of the Cannabis Dispensary shall not be maintained in a manner that causes a public or private nuisance.

S. In addition to any regulations, policies, or procedures authorized to be adopted by the City in accordance with this Article or this Code, the City Manager, or his or her designee, is authorized to establish any addition rules, regulations, policies and standards governing the: application review and approval process, the issuance, denial or renewal of cannabis dispensary regulatory permits, the ongoing operation of commercial cannabis dispensary businesses and the City’s oversight of same; and/or concerning any other subject determined to be necessary to carry out the intent and purposes of this Article. Additional rules, regulations, policies and standards shall be published to the City’s website and maintained and available to the public if the Office of the City Clerk.

T. Indemnification and Limitations on City’s Liability.

1. To the fullest extent permitted by local, state, and/or federal law, the City shall not assume any liability whatsoever with respect to having issued a regulatory permit or executed a development agreement pursuant to this Article, or otherwise approving the operation of any commercial cannabis business.

2. As a condition to the approval of any regulatory permit and approval of a development agreement, the applicant shall be required to execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend at the applicant’s sole cost and expense, and hold harmless the City, and its officers, officials, employees, representatives, and agents from any against all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the City’s drafting, adoption and passage of regulations, related resolutions, policies, rules and guidelines, allowing cannabis dispensaries or in the future making any regulatory amendments; the City’s issuance of the regulatory permit; the City’s approval and execution of a development agreement; the City’s decision to approve the operation of the dispensary; the process used by the City in making the decision to issue, approve or deny a permit or a development agreement; and/or the alleged violation of any federal, state or local laws by the dispensary or any of its officers, employees or agents.

3. The dispensary shall maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate from time to time by the City.

4. The dispensary shall reimburse the City for all costs and expenses, including but not limited to attorney fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s 7 regulatory permit, or related to the City’s approval of the applicant’s commercial cannabis activity, or the City’s approval of a development agreement. The City may, at its sole discretion, participate at its own expense in the defense of such action, but such participation shall not relieve any of the obligations imposed hereunder.

5. The terms and provisions as enumerated in this section related to indemnification and limitation on the City’s liability shall be an explicit term of a regulatory permit and a development agreement that an applicant and permittee shall agree to in order for same to be valid.

SECTION 2. Chapter, 15, Article VII, Section 15-89 is amended as follows:
15-89: Employee Permit Required.

A. Every employee or independent contractor (to the extent the independent contractor is otherwise allowed by this Article) working at a Cannabis Operation or involved in transportation/delivery related services for a Cannabis Business shall obtain an Employee Permit. It shall be the duty of the Operator to ensure that Employee Permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a Business Owner on a Regulatory Permit shall not be required to obtain an Employee Permit if such person also serves as an employee or contractor. All Responsible Parties, except the Business Owner, shall be required to obtain an Employee Permit.

B. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Police Department can perform a background check:

1. Name, current resident address, and telephone number.

2. Date of birth.

3. Tax identification number.

4. Height, weight, color of eyes, and hair.

5. Photographs for identification purposes (photographs shall be taken by the Police Department).

6. Be fingerprinted by the Police Department.

7. Such other identification and information as deemed necessary by the Police Chief and pertinent to the Employee Permit.

8. Authorization for the City, its agents and employees to seek verification of the information contained within the application.

9. The name of the Business Owner holding the Regulatory Permit and the Operator for which such person is proposed to work.
8 SECTION 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. Furthermore, this ordinance is exempt pursuant to California Business and Professions Code Section 26055(h) on the basis that the adoption of this ordinance that require discretionary review under CEQA to approve licenses to engage in commercial cannabis activity in the City.The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

SECTION 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Porterville, or any official, employee or agent thereof.

SECTION 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Porterville Municipal Code as amended by this ordinance are substantially the same as provisions in the Porterville Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

PASSED, APPROVED AND ADOPTED this _______day of ____________, 2025.

By:

Greg Meister, Mayor
9 ATTEST:____________________
Jason Ridenour, City Clerk
Item No. 28.

CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Review of City Council Agenda Publication Timeline SOURCE: City Manager's Office
COMMENT: At its meeting on February 18, 2025, the City Council approved Vice Mayor McKervey’s request for an item to be added to the March 4, 2025, agenda to consider changing the date that City Council Agendas are posted for public review up to seven days prior to the City Council meeting. At the March 4, 2025, City Council meeting, the Council directed staff to bring an agenda item forth to the March 18, 2025, meeting that provides options for the timing of the publication of the City Council agenda. The requested options include publishing the City Council agenda ten days, seven days, and five days prior to the scheduled City Council meeting.

The City of Porterville complies with Government Code Section 54954.2(a)(1) which states, “At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.” The City of Porterville holds regularly scheduled City Council meetings on the first and third Tuesdays of each month in accordance with Ordinance 1792 and currently publishes an agenda five days prior to the City Council Meeting.

Prior to items being published, staff is required to research and draft each individual item and post the agenda item to the City Council agenda management system three business days prior to the publication date of the agenda. This provides time for preparation and review of the agenda items by multiple department directors and the City Manager. The attached calendar provides a visual representation of the timing of the three options over a three-month period.

The option of publishing the agenda 10 days prior to the scheduled City Council Meeting would equate to an internal deadline of 14 days prior to the Council Meeting (including non-business days) for staff to post an agenda item in the agenda management system for preparation and review of the agenda item. This option would result in staff inputting staff reports on the date of a City Council Meeting for the following meeting.

Item No. 28.

The option of publishing the agenda seven days prior to the scheduled City Council Meeting would equate to an internal deadline of 12 days prior to the City Council Meeting (including non-business days) for staff to post an agenda item in the agenda management system for preparation and review of the agenda item. This option would require staff to input staff reports on the Thursday following a City Council Meeting for the following meeting.

The option of publishing the agenda five days prior to the scheduled City Council Meeting (current process) equates to an internal deadline of eight days prior to the City Council Meeting for staff to post an agenda item in the agenda management system for preparation and review of the agenda item. This option requires staff to input staff reports on the Monday the week following a City Council Meeting for the following meeting.

Staff is able to accommodate any of the three options presented. The timing of the 10-day and seven-day options for standard or reoccurring items that require City Council consideration would be adjusted in the planning process to accommodate the timeline. The coordination and timing of agenda items regarding requests for qualifications or project bidding results may result in the consideration of the approval of contracts being delayed a meeting due to the reduced flexibility of timing. The timing of agenda items requesting the City Council’s consideration of projects that require entitlements would be adjusted and planned to coincide with the option selected, potentially resulting in additional time between the project review and consideration. City Council initiated items requested in Other Matters would also experience a meeting delay to allow for adequate time to review and to prepare the requested agenda item. With the additional time between the publication of the City Council Agenda and the Council Meeting, the City Council would likely observe more amended agendas, particularly as it pertains to items scheduled for Closed Session.

RECOMMENDATION: That the City Council provide direction on the timing of the publication of the City Council agenda.

ATTACHMENTS: 1. Three Month City Council Agenda Publication Calendar with Options
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Item No. 28.

Final Approver: Jason Ridenour, Interim City Manager
March 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 City Council
MeMeeting
5 6 7 8
10-day Deadline Agenda Review/Prep Agenda Review/Prep
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9 10 11 12 13 14 15
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April 2025
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