RESOLUTION NO. _____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADOPTING A FINDING OF CONSISTENCY WITH THE 2030 PORTERVILLE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT PURSUANT TO CEQA GUIDELINES SECTION 15183, PROJECST CONSISTENT WITH
COMMUNITY PLAN, GENERAL PLAN, OR ZONING FOR THE RIVER SPRINGS RESIDENTIAL DEVELOPMENT (PRC 2019-040)
WHEREAS: Woodard Homes (Applicant), has submitted to the City of Porterville the River Springs Residential Development Project (Project), consisting of a Tentative Subdivision Map, Planned Development and related entitlements to accommodate the subdivision of approximately 19.62± acres into 82 lots, an 8.33± acre remainder parcel and proposes approximately 62,008 square feet of public open space. The Project site is located north of the Tule River, between Newcomb Street and South Beverly Street (APN 259-030-030; Site). The Site is zoned PD (Planned Development) and has a General Plan Land Use Designation of RS-2 (Low Density Residential) and Parks and Recreation; and
WHEREAS: the Project also includes construction of interior private streets, open space, public utilities, and improvements to Newcomb Street and River Springs Drive; and WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: Approval of the aforementioned entitlements would further the goals and objectives of the General Plan; and
WHEREAS: based on an assessment prepared pursuant to CEQA Guidelines Sections 15300.2 and 15332, the Environmental Coordinator has made a preliminary determination that the project meets the criteria for streamlined environmental review pursuant to Section 15183, Projects Consistent with Community Plan, General Plan, or Zoning; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby adopt the finding of consistency with the 2030 Porterville General Plan EIR prepared for the River Springs Residential Development Project.
BE IT FURTHER RESOLVED that the Mitigation Monitoring and Reporting Program from the 2030 Porterville General Plan EIR is incorporated herein by reference.
BE IT FURTHER RESOLVED the City Manager shall cause a Notice of Determination to be filed in accordance with CEQA within five business days following project approval.
Resolution No. _______-2025
PASSED, APPROVED, AND ADOPTED this 16th day of December, 2025. __________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga,
Chief Deputy City Clerk
RESOLUTION NO. _____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CONTAINING FINDINGS IN
SUPPORT OF APPROVAL OF A PLANNED DEVELOPMENDT (PD) PLAN FOR THE RIVER SPRINGS RESIDENTIAL DEVELOPMENT (PRC 2019-040-PD)
WHEREAS: Woodard Homes(Applicant), has submitted to the City of Porterville, the River Springs Residential Development Project (Project), consisting of a Tentative Subdivision Map, Planned Development and related entitlements to accommodate the subdivision of approximately 19.62± acres into 82 lots, an 8.33± acre remainder parcel and proposes approximately 62,008 square feet of public open space. The Project site is located north of the Tule River, between Newcomb Street and South Beverly Street (APN 259-030-030; Site). The Site is zoned PD (Planned Development) and has a General Plan Land Use Designation of RS-2 (Low Density Residential) and Parks and Recreation; and
WHEREAS: Approval of the aforementioned entitlements was granted in an effort to further the goals and objectives of the General Plan by providing a compact neighborhood design that provides for efficient use of available land resources and maintains a compact form that is less intrusive, as well as assisting with a mix of housing types to serve the needs of all Porterville residents; and
WHEREAS: Approval of a Planned Development Plan, as addressed in Chapter 207 of the Porterville Development Code is required to develop in a PD district; and WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of December 16, 2025, conducted a public hearing to consider the adoption of a Planned Development Plan (2019-040-PD) to accommodate the development of the River Springs Residential Development Project; and
WHEREAS: The City Council considered the following findings in its review of the Planned Development Plan for this project:
1. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply;
2. The site for the proposed development is adequate in size and shape to accommodate the proposed uses and all setbacks, open spaces, walls and fences, parking area, loading areas, landscape, and other features required;
3. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;
Resolution No. ____-2025
4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
5. The improvements required and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, fire, and seismic or soils hazards; and
6. The proposed development provides a more efficient use of the land and superior architecture and site design compared to that which could be achieved through the application of the zoning district regulations that otherwise would apply; and WHEREAS: Via Resolution No. _____-2025, the City Council has adopted a finding of conformity with the 2030 Porterville General Plan EIR pursuant to CEQA Guidelines Section 15183.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby approve the River Springs Residential Development Planned Development Plan (2019- 040-PD) subject to the following conditions:
PASSED, APPROVED, AND ADOPTED this 16th day of December, 2025. __________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga,
Chief Deputy City Clerk
ENVIRONMENTAL CHECKLIST FOR STREAMLINED
REVIEW
PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE
SECTION 21083.3 AND CEQA GUIDELINES SECTION 15183
River Springs Subdivision
i
City of Porterville River Springs Subdivision
TABLE OF CONTENTS PAGE
1. INTRODUCTION..................................................................................................................................... 1
1.1. OVERVIEW OF CEQA ANALYSIS .................................................................................................. 1
1.2. PUBLIC REVIEW PROCESS............................................................................................................1
1.3. PURPOSE AND SUMMARY OF THIS CEQA DOCUMENT............................................................ 1
2. PROJECT DESCRIPTION..................................................................................................................................................1
2.1. ENVIRONMENTAL SETTING ......................................................................................................... 1
2.2. PROJECT DESCRIPTION............................................................................................................... 3
2.3. REQUIRED APPROVALS ............................................................................................................... 3
3. APPLICABLE CEQA PROVISIONS AND FINDINGS ......................................................................... 10
3.1. GENERAL PLAN/COMMUNITY PLAN EXEMPTION (CEQA GUIDELINES SECTION 15183).... 10
3.2. CEQA DETERMINATION AND SUMMARY OF FINDINGS .......................................................... 12
4. EVALUATION OF ENVIRONMENTAL EFFECTS............................................................................... 14
4.1. AESTHETICS................................................................................................................................. 16
4.2. AGRICULTURAL AND FORESTRY RESOURCES....................................................................... 17
4.3. AIR QUALITY ................................................................................................................................. 20
4.4. BIOLOGICAL RESOURCES.......................................................................................................... 23
4.5. CULTURAL RESOURCES............................................................................................................. 25
4.6. ENERGY ........................................................................................................................................ 27
4.7. GEOLOGY AND SOILS.................................................................................................................. 29
4.8. GREENHOUSE GAS EMISSIONS ................................................................................................ 31
4.9. HAZARDS/HAZARDOUS MATERIALS ......................................................................................... 34
4.10. HYDROLOGY AND WATER QUALITY.......................................................................................... 36
4.11. LAND USE AND PLANNING.......................................................................................................... 38
4.12. MINERAL RESOURCES................................................................................................................ 39
4.13. NOISE ............................................................................................................................................ 40
4.14. POPULATION AND HOUSING...................................................................................................... 43
4.15. PUBLIC SERVICES ....................................................................................................................... 44
4.16. RECREATION................................................................................................................................ 47
4.17. TRANSPORTATION ...................................................................................................................... 50
4.18. TRIBAL CULTURAL RESOURCES ............................................................................................... 54
4.19. UTILITIES AND SERVICE SYSTEMS ........................................................................................... 55
4.20. WILDFIRE ...................................................................................................................................... 59
4.21. MANDATORY FINDINGS OF SIGNIFICANCE.............................................................................. 62
5. REFERENCE DOCUMENTS................................................................................................................ 63
FIGURES
FIGURE 1: REGIONAL LOCATION ............................................................................................................ 5 FIGURE 2: VICINITY MAP.......................................................................................................................... 6 FIGURE 3: LAND USE MAP ....................................................................................................................... 7 FIGURE 4: ZONING MAP ........................................................................................................................... 8 FIGURE 5: TENTATIVE SUBDIVISION MAP............................................................................................. 9 FIGUIRE 6: CALIFORNIA FARMLAND MAP ......................................................................................................... 19 City of Porterville River Springs Subdivision
1 1. INTRODUCTION
This California Environmental Quality Act (CEQA) Analysis evaluates environmental impacts from the proposed River Springs Tentative Subdivision Map Project (hereinafter referred to as the “Project”), which would result in the construction of 82 single family residential units, of which eight will be low/moderate income restricted units. The project will also include a Planned Development Permit to allow flexibility in lot sizes and setbacks.
Project related activities will also include grading, landscaping, and off-site improvements.
1.1. OVERVIEW OF CEQA ANALYSIS
Documentation herein has been prepared by the City of Porterville as lead agency in full accordance with the procedural and substantive requirements of CEQA, the CEQA Guidelines. This CEQA Analysis uses streamlining and tiering in accordance with CEQA Guidelines 15183 to tier from the program-level analysis prepared for the General Plan and its Environmental Impact Report (EIR).
The Project is required to implement all applicable mitigation measures set forth in the General Plan EIR mitigation monitoring and reporting program (MMRP) to avoid, reduce, or offset environmental impacts resulting from buildout of the General Plan.
1.2. PUBLIC REVIEW PROCESS
The Project has been analyzed pursuant to CEQA Guidelines Section 15183 and does not require circulation for public review and comment. Nonetheless, the City will make this CEQA Analysis available to the public as part of the public hearing process, which is subject to review by the City Council.
1.3. PURPOSE AND SUMMARY OF THIS CEQA DOCUMENT
The purpose of this document is to evaluate the environmental effects of the Project under CEQA. This document considers the specific environmental effects of the Project as proposed and considers whether such impacts were adequately addressed by the environmental analyses contained in the City of Porterville General Plan EIR. The Project is required to incorporate or comply with all applicable mitigation measures identified in the General Plan EIR, uniformly applied development standards, and applicable conditions of approval. As presented herein, the Project is consistent with the General Plan and qualifies for streamlined review pursuant to CEQA Guidelines Section 15183.
2. PROJECT DESCRIPTION
2.1. ENVIRONMENTAL SETTING
Regional Setting
The City of Porterville is located in the southeastern portion of the San Joaquin Valley, at the base of the foothills of the Sierra Nevada Mountains. It is approximately 70 miles south of Fresno and 50 miles north of Bakersfield, in the south-central portion of Tulare County.
City of Porterville River Springs Subdivision
2 Neighboring communities include Strathmore, Springville, Terra Bella, Tipton, and Lindsay.
Sequoia National Park is 50 miles to the northeast. The Tule River Indian Reservation is located approximately 15 miles to the east. Porterville is served by State Routes (SR) 65 and 190 and is approximately 17 miles east of SR 99, a major San Joaquin Valley transportation arterial.
Vicinity Setting
The Project is located in southwest Porterville, generally along the alignment of River Springs Drive, between Newcomb Street and S. Beverly Street. The Project is adjacent to existing single-family residential and a City storm drainage basin to the north, east, and west, and the Tule River to the south.
The site is located in a flood zone according to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel Number 06107C1641E, dated June 16, 2009. Most of the property is located within a flood zone, which will require the filing of a Letter of Map Revision with FEMA to show that the area that will include residential uses will be above the base flood elevation. All portions of the proposed development are located outside the designated regulatory floodway.
Project Site
The site is located north of the Tule River, between Newcomb Street and S. Beverly Street and is currently vacant. The project will require the construction of street improvements on Newcomb Street and complete construction of River Springs Drive.
2.2. Project Description
Project Title: River Springs Subdivision
Lead Agency: City of Porterville
291 N. Main Street
Porterville, CA 93257
Contact Person: Claudia Calderon (559) 782-7460
Applicant: Greg Woodard
5620 West Sweet Drive
Visalia, CA 93291
(559) 333-2108
Project Location: The project is located on the northeast corner of Newcomb Street and the future alignment of River Springs Drive. APN 259-030-030. See Figure 1: Regional Location Map and Figure 2: Project Vicinity.
General Plan Designation The site is designated in the Porterville General Plan as Low Density Residential and Parks and Recreation, Figure 3.
City of Porterville River Springs Subdivision
3 Zoning Designation: The site is currently zoned PD Planned Development, Figure 4.
Project Description: The Project consists of the development of approximately 11.29 acres of a 19.62-acre parcel into a residential subdivision comprising 82 lots. Eight of the lots will be restricted to low/moderate income housing, shown outlined in red in Figure 5. By including the eight designated lots, the Project qualifies for a density Bonus under Government Code Section 65915, et seq. This allows the Project to exceed the density otherwise allowed under the General Plan by ten percent, resulting in the 82 units. The density bonus also results in the allowance of one concession/incentive which will allow two uncovered parking spaces in lieu of the required two covered parking spaces for the eight units. The development will have a homeowners association that will maintain front yard landscaping as well as all the common areas.
Since the Project site is zoned PD, a Planned Development Plan is required to facilitate the proposed development. As a Planned Development, the Project is eligible for modified street standards, including reduced width interior streets that would be privately owned and maintained, and reduced front, side, and rear setbacks. Lot sizes will range from 3,261 square feet to 8,102 square feet. The Project will have access to Newcomb Street and River Springs Drive and will include on-site infrastructure, including improvements to Newcomb Street and River Springs Drive. The area south of River Springs Road, which the General Plan designates as Parks and Recreation, will be dedicated to the City of Porterville for recreation purposes. See Figure 5 for the proposed Tentative Subdivision Map.
Surrounding Land Use Designations and Settings:
North: Low Density Residential – Existing Storm Basin and Single Family Residential South: Park and Recreation, Low Density Residential – Tule River and agricultural use East: Low Density Residential – Existing Single Family Residential West: Low Density Residential – Existing Single Family Residential Parking and access: Vehicular access to the Project will be from Newcomb Street and River Springs Drive. The Project will provide parking in accordance with the zoning ordinance, two spaces per residential unit. As mentioned, the eight affordable units will utilize the Density Bonus concession to allow uncovered parking.
Landscaping and Design: Landscape and design plans will be required as part of the improvement plan set and will be subject to the City of Porterville’s Water Efficient Landscape Ordinance (WELO).
Utilities and Electrical Services: The Project will connect to City services (water, sewer, and storm drain) as part of the development. Southern California Edison provides electric service to Porterville residents. Natural gas service is primarily provided by the Southern California Gas Company. There are three major companies that provide communications services in Porterville: AT&T, Sprint, and Verizon. Charter Communications is the primary cable television and internet provider.
City of Porterville River Springs Subdivision
4 2.3. REQUIRED APPROVALS
The following discretionary approvals are required from The City of Porterville for the proposed project:
• City of Porterville Tentative Subdivision Map
• City of Porterville Planned Development
City of Porterville River Springs Subdivision
5 Figure 1: Regional Location
Project Site
City of Porterville River Springs Subdivision
6 Figure 2: Project Vicinity
Project Site
City of Porterville River Springs Subdivision
7 Figure 3: General Plan Land Use
Project Site
City of Porterville River Springs Subdivision
8 Figure 4: Zoning Map
Project Site
City of Porterville River Springs Subdivision
9 Figure 5: Tentative Subdivision Map
City of Porterville River Springs Subdivision
10 3. APPLICABLE CEQA PROVISIONS AND FINDINGS
The following discussion presents the relevant provisions of CEQA to which the proposed Project complies and provides a determination of consistency with the General Plan EIR.
This section concludes with the CEQA finding and determination that the Project does not require further environmental review.
3.1. GENERAL PLAN/COMMUNITY PLAN EXEMPTION (CEQA GUIDELINES SECTION 15183)
Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 allow a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified.
Section 15183(a) “mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project- specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.”
Section 15183(b) specifies that “in approving a project meeting the requirements of Section 15183, examination of environmental effects shall be limited to those that:
1. Are peculiar to the project or the parcel on which the project would be located,
2. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
3. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
4. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.” Section 15183(c) specifies that impacts which are not peculiar to the project site which have been addressed as a significant effect in the prior EIR or can be substantially mitigated by applying uniformly applied development standards and policies shall not require preparation of an additional EIR on the basis of those impacts. Accordingly, the Project is required to implement all applicable mitigation measures set forth in the General Plan EIR to avoid, reduce, or offset environmental impacts.
APPLICABILITY OF SECTION 15183 TO THE RIVER SPRINGS PROJECT The Project is consistent with the General Plan land use designation and zoning for the site, as outlined above, and meets the streamlining provisions under CEQA Guidelines Section 15183(d)(1)(C) as follows:
• The Porterville 2030 General Plan was adopted in March 4, 2008 and the Porterville General Plan EIR (SCH# 2012071064) was certified March 4, 2008. The Porterville City of Porterville River Springs Subdivision
11 General Plan and General Plan EIR accommodate the construction of up to 20,170 residential units, an increase of 6,090 additional units. • The Project site is designated as Low Density Residential in the General Plan and this land use classification allows for single-family uses. • The Project is consistent with the Low Density Residential land use classification in that it provides for single-family, low density housing. The Planned Development Permit (PDP) is required in accordance with the current zoning.
The PDP includes a request to deviate from the standard lot sizes and streets standards. The Project is also consistent with General Plan Policies promoting a mix and diverse range of housing types.
CITY OF PORTERVILLE GENERAL PLAN AND EIR
Based on the planning objectives that were set forth, nine key initiatives emerged as the General Plan took shape. These initiatives are large-scale themes that address the planning objectives. The maps and policies in the General Plan are structured around these key initiatives.
• Protect Community Assets. The Plan renews the City’s commitment to protect and enhance its community assets, including small town community character, Downtown Porterville, a strong sense of community, a diverse population, historic buildings, affordable housing, and a family atmosphere. Community guidelines are described in full detail in the Land Use Element. The arrangements of land uses on the General Plan Land Use Diagram (Figure 2-2) create a framework within which quality community design is possible.
• Economic Development & Jobs. A significant amount of land is planned for uses that provide jobs. Areas designated “Professional Office” and “Industrial Park” will accommodate uses that provide employment opportunities for existing and future residents consistent with the Economic Development Strategy described in the Economic Development Element.
• Variety of Commercial & Retail Opportunities. The General Plan provides for the full range of commercial and retail uses needed for the future population and business community, consistent with the Economic Development Strategy described in the Land Use Element. Regionally-oriented establishments are placed on major roadway corridors; community- and neighborhood-oriented uses are placed within planned communities and neighborhoods.
• Park and Community Facility Network. New parks and community facilities are placed in close proximity to proposed residential development and when possible by schools, trails and bikeways. A further discussion of parks is presented in the Parks, Schools & Community Facilities Element of the General Plan. • Complete Roadway System. The land uses presented on the General Plan Land Use Diagram are structured around the proposed roadway network, and the two City of Porterville River Springs Subdivision
12 components are interactive and interrelated. The types, location, capacity, and use of these roadways are presented in the Circulation Element. • Integrated Neighborhoods & Neighborhood Centers. Neighborhoods are defined as areas with a mix of land uses, including housing, shopping, and other local services, which interrelate and serve one another. Neighborhoods depicted on the General Plan Land Use Diagram work as part of a network, are internally accessible by nonmotorized means, include community facilities such as parks and schools, and have a central focal point.
• Mix of Housing Types. The General Plan Land Use Diagram depicts seven residential and two mixed use land use designations. These land uses will accommodate a diverse range of housing types and prices to provide housing choice.
• Adequate, Flexible School Sites. School sites depicted on the General Plan Land Use Diagram are intended to meet the school districts’ needs, and relate well to adjacent neighborhood centers and parks. A further discussion of schools is presented in the Parks, Schools &Community Facilities Element. • Open Space Action Plan. The Open Space and Conservation Element outlines the five types of open space preserved as part of the Action Plan. Additional General Plan policies are intended to protect ridgelines, visible hillsides and other significant natural and archeological resource areas from development that would have adverse impacts.
The General Plan EIR reviewed all potentially significant environmental impacts and developed measures and policies to mitigate impacts from buildout of the General Plan.
Nonetheless, significant and unavoidable impacts were determined to occur. Therefore, the City adopted a statement of overriding considerations, which balances the merits of approving the Project despite the potential environmental impacts. The areas impacts were identified as significant and unavoidable in the General Plan EIR are:
• Agriculture Land Conversion
• Noise
• Special Status Species and Habitats
• Air Quality
3.2. CEQA DETERMINATION AND SUMMARY OF FINDINGS
As summarized above and presented herein, the River Springs Subdivision Project is eligible for the following CEQA provisions:
Consistency with Program EIR. The City of Porterville General Plan EIR provides for streamlining and/or tiering provisions under CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3. This CEQA Analysis demonstrates that the River Springs project would not result in substantial changes or involve new information that would warrant preparation of a subsequent EIR because the level of development City of Porterville River Springs Subdivision
13 proposed is within the development assumptions analyzed in the program level EIR for the General Plan. Furthermore, the Project does not contain elements that are peculiar to the Project or project site that would result in new or more severe environmental impacts relative to the General Plan EIR. Accordingly, no further environmental review is required.
As described herein, the proposed Project is within the scope of development projected under the General Plan and analyzed in the General Plan EIR. The proposed River Springs project will implement applicable policies identified in the General Plan EIR to address potential environmental impacts. In addition, the Project would be required to comply with applicable conditions of approval from planning, building, public works, fire, police, and other City departments as applicable. With implementation of identified conditions of approval, the Project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIR, nor would the Project introduce any new significant impacts that were not previously identified.
Therefore, there would be no additional environmental impacts beyond those analyzed in the General Plan EIR.
I hereby certify that the above determination has been made pursuant to State and Local requirements.
Signature:, Claudia Calderon, Community Development Director Date City of Porterville River Springs Subdivision
14 4. EVALUATION OF ENVIRONMENTAL EFFECTS
This section examines the River Springs project’s potential environmental effects within the parameters outlined in CEQA Guidelines Section 15183(b). The “Prior EIR” (as defined in CEQA Guidelines Section 15183(b)(3)), is the City of Porterville 2030 General Plan EIR, inclusive of all impact determinations, significance thresholds and mitigation measures identified therein.
This evaluation builds from the Appendix G Environmental Checklist and has been modified to reflect the parameters outlined in CEQA Guidelines Section 15183(b). The checkboxes in the evaluation below indicate whether the proposed project would result in environmental impacts, as follows:
• New Significant Impact – The proposed project would result in a new significant impact that was not previously identified in the General Plan EIR. • Substantial Increase in Severity of Previously Identified Significant Impact in GP EIR – The proposed project’s specific impact would be substantially greater than the specific impact described in the General Plan EIR.
• Equal or Less Severity of Impact than Previously Identified in GP EIR – The severity of the specific impact of the proposed project would be the same as or less than the severity of the specific impact described in the General Plan EIR.
Where the severity of the impacts of the proposed project would be the same as or less than the severity of the impacts described in the General Plan EIR, the checkbox for “Equal or Less Severity of Impact Previously Identified in GP EIR” is checked. Where the checkbox for “Substantial Increase in Severity of Previously Identified Significant Impact in GP EIR” or “New Significant Impact” is checked, there are significant impacts that are:
• Peculiar to the project or project site (CEQA Guidelines Section 15183(b)(3)); • Not analyzed as significant impacts in the previous EIR, including off-site and cumulative impacts (CEQA Guidelines Section 15183(b)(2)); • Due to substantial changes in the project (CEQA Guidelines Section 15162(a)(1)); • Due to substantial changes in circumstances under which the project will be undertaken (CEQA Guidelines Section 15162(a)(2)); or
• Due to substantial new information not known at the time the EIRs were certified (CEQA Guidelines Sections 15162(a)(3) and 15183(b)(4)).
Following the Checklist is a summary of the potential environmental impacts identified in the General Plan EIR that are also relevant to the Project. Next, the potential Project-specific environmental effects, including the Project’s consistency with the General Plan EIR, are discussed. Last, applicable General Plan EIR mitigation measures are identified.
As described herein, the proposed project will be required to comply with applicable mitigation measures from the Porterville General Plan EIR. These measures are identified in Attachment 1.
This evaluation hereby incorporates by reference the Porterville 2030 General Plan EIR discussion and analysis of all environmental topics. The General Plan EIR significance thresholds have been consolidated and abbreviated in this Checklist; a complete list of the significance thresholds can be found in the Porterville General Plan EIR.
City of Porterville River Springs Subdivision
15 The General Plan EIR is a program-level document that considers the combined effects of implementing several related projects. As such, the analyses presented in the General Plan EIR represent a cumulative analysis of environmental impacts that may occur from buildout of the General Plan.
City of Porterville River Springs Subdivision
16 4.1 AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the Project is in an
urbanized area, would the Project conflict
with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light
or glare which would adversely affect day
or nighttime views in the area?
Sources: City of Porterville General Plan and EIR .
There are no aesthetic resources identified in the City of Porterville General Plan. The Project site is flat and excludes any features such as rock outcropping or historic buildings that that may be considered a scenic resource. No nearby or adjacent roadways are eligible or designated as a scenic highway. The relatively flat topography of the Project site and the scale and height of the proposed buildings that are no taller or larger than surrounding buildings would ensure that the Project would not have an impact on a scenic resource. The natural area adjacent to the waterway is not planned for development and will retain any aesthetic value. Therefore, the Project would have no impact on scenic resources or impact any scenic vista viewable from the Project site.
The proposed Project will not substantially increase light levels relative to existing conditions. The Project proposes outdoor lighting, consisting of lighting for buildings, landscape lighting, and accent lighting and this new lighting is in conformance with City standards by being shielded downward in accordance with the Municipal Code. The Project would have no greater impacts to lighting than what was analyzed in the General Plan EIR.
DETERMINATION; The area to be developed will not impact any scenic vista or create a new source of light or glare that was not anticipated in the General Plan. As the Project is within the scope of development projected under the General Plan, there would be no new or more severe impacts to aesthetic resources beyond those analyzed in the General Plan EIR.
City of Porterville River Springs Subdivision
17 4.2 AGRICULTURAL AND FORESTRY RESOURCES
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code
Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
Sources: City of Porterville General Plan and EIR; and California Department of Conservation Farmland Mapping and Monitoring Program.
The Project site is currently designated as Farmland of Local Importance and surrounded by Urban Built Up Land on three sides according to the California Department of Conservation Important Farmland Map, as shown on Figure 6. The property is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance and will not conflict with existing zoning or a Williamson Act Contract. The General Plan includes policies to reduce impacts to Agricultural and Forestry Resources; however, impacts to agricultural lands remained significant and unavoidable and a Statement of Overriding Considerations was adopted.
LU-I-5 Require contiguous development within the Urban Development Boundary (UDB) unless it can be demonstrated that development of property which is contiguous to urban development is unavailable.
The City desires to prevent leapfrog development where development skips over available land to outlying and isolated areas. Contiguous development will reduce sprawl, safeguard agriculture land, and reduce the cost of extending services.
OSC-I-1 Adopt resource protection regulations for Agricultural/Rural/Conservation areas designated on the General Plan Land Use Diagram.
This will include City-owned lands used for wastewater reclamation.
OSC-I-2 Work with the County with the objective of:
• Retaining agriculture and open space areas around the City, consistent with City of Porterville River Springs Subdivision
18 the General Plan; and
• Notifying the City of development applications to areas adjacent to the City’s Planning Area.
Joint planning agreements or Memorandums of Understanding (MOU) have been used successfully in many jurisdictions. This policy is intended to create a mechanism to protect the open space, wetlands, and creeks that form the backdrop for the City, so that the City can keep a distinct urban edge.
OSC-I-17 Prohibit the conversion of prime agricultural land for urban development through General Plan amendments, after adoption of this General Plan Update, unless there are no other feasible alternatives for development.
OSC-I-18 Adopt a Right to Farm Ordinance to facilitate the continuance of agricultural activities within the Planning Area until the land is needed to accommodate population and employment growth.
A Right to Farm ordinance will require developers adjacent to sites where agricultural uses are being conducted to inform subsequent buyers of potential continued agricultural production and the lawful use of agricultural chemicals, including pesticides and fertilizers.
OSC-I-20 Work with Tulare County and non-profit land trusts to establish and fund programs for purchase of conservation easements, which may assist property owners who want to maintain agricultural and rural land in the Planning Area.OSC-I-16 Decline requests for annexation of any land subject to an ongoing Williamson Act contract.
DETERMINATION: The Project site does not contain prime farmland or forest land pursuant to Public Resources Code Section 12220(g). As the Project is within the scope of development projected under the General Plan, there would be no new or more severe impacts to agricultural and forestry resources beyond those analyzed in the General Plan EIR.
City of Porterville River Springs Subdivision
19 Figure 6 : California Department of Conservation Farmland Mapping and Monitoring Program
Source: California Department of Conservation 2025
FARMLAND MAP
Prime Farmland
Farmland of Statewide Importance
Unique Farmland
Grazing Land
Farmland of Local Importance
Nonagricultural or Natural Vegetation
Vacant or Disturbed Land
Rural Residential Land
Semi-agricultural and Rural Commercial Land
Urban and Built-Up Land
Water Area
Irrigated Farmland
Nonirrigated Farmland
City of Porterville River Springs
20 4.3 AIR QUALITY
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the Project region is in nonattainment under an applicable federal or state ambient air quality standard?
c) Exposure of sensitive receptors to
substantial pollutant concentrations?
d) Result in other emissions (such as
those leading to odors) adversely affecting a
substantial number of people?
Sources: City of Porterville General Plan and EIR
The General Plan EIR concluded that Air Quality impacts were significant and unavoidable and a State of Overriding Considerations was adopted with the certification of the General Plan EIR. Impacts from the proposed project would be consistent with those evaluated in the General Plan EIR as the project is consistent with the residential land use designation and the anticipated type and intensity of development. The General Plan included policies to reduce impacts, shown below.
LU-I-16 Adopt guidelines and incentives for using green building standards in new construction.
C-I-7 Require street tree planting as part of an urban forestry program.
OSC-I-33 Protect, revitalize and expand Porterville’s urban forest through public education, sensitive regulation, and a long-term financial commitment that is adequate to protect this resource.
OSC-I-34 Continue to require street tree planting in new development and support the City’s tree planting fund.
OSC-I-58 Continue to assess air quality impacts through environmental review and require developers to implement best management practices to reduce air pollutant emissions associated with the construction and operation of development projects.
The City will use the San Joaquin Valley Air Pollution Control District (SJVAPCD) Guidelines for Assessing and Mitigating Air Quality Impacts for determining and mitigating project air quality impacts and related thresholds of significance for use in environmental documents. The City shall cooperate with the SJVAPCD in the review of development proposals.
BMPs could include transportation demand management strategies for large City of Porterville River Springs
21 development projects such as:
• Providing bicycle access and parking facilities;
• Providing preferential parking for high-occupancy vehicles, carpools, or alternative fuels vehicles;
• Establishing telecommuting programs or satellite work centers; • Allowing alternative work schedules;
• Subsidizing public transit costs for employee; and
• Scheduling deliveries at off-peak traffic periods.
OSC-I-59 Require preparation of a Health Risk Assessment for any development subject to the Air Toxics “Hot Spots” Act.
OSC-I-60 Require dust control measures as a condition of approval for subdivision maps, site plans, and all grading permits.
OSC-I-61 Coordinate air quality planning efforts with other local, regional and State agencies.
OSC-I-62 Be proactive in educating the public about the linkages between land use, transportation and air quality.
OSC-I-63 Notify local and regional jurisdictions of proposed projects that may affect regional air quality.
OSC-I-64 Investigate replacing City vehicles with low-emission technology.
OSC-I-65 When asbestos has been identified in the preliminary soils report, require all new development and public works projects to comply with all provisions of State and regional ATCM regulations for control of airborne asbestos emissions relating to construction, road maintenance, and grading activities.
The City will establish Best Management Practices for construction, grading and road maintenance in areas with naturally-occurring asbestos, consistent with State and regional regulations for Asbestos Airborne Toxic Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations. BMPs may include but are not limited to:
• Wetting soil during excavation and other dust suppression measures; • Wetting roads, excavated materials and rinsing equipment; • Limiting vehicle speeds within construction areas;
• Creating wind breaks and berms;
• Suspending activities when wind creates visible dust; • Prohibiting rock-crushing of asbestos-containing materials; • Monitoring dust levels;
• Posting warning signs;
• Replanting; and
• Paving or other permanent sealants or covers.
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it City of Porterville River Springs
22 is within the scope of development projected. As stated above, the project will be subject to all SJAPCD rules and regulations and no additional impacts to air quality beyond those analyzed in the General Plan EIR would result from the Project.
City of Porterville River Springs
23 4.4 BIOLOGICAL RESOURCES
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Wildlife
(Formerly Fish and Game) or U.S. Fish and
Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Wildlife
(formerly Fish and Game) or U.S. Fish and
Wildlife Service?
c) Have a substantial adverse effect on state
or federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
Source: Porterville General Plan and EIR.
The General Plan EIR concluded that with the policies set forth in the General Plan, impacts to biological resources would be significant and adopted a Statement of Overriding Considerations pertaining to Special Status Species and Habitat. The project area identified for development does not contain any trees or vegetation that would be required to be removed to facilitate the project. The proposed project is consistent with the development anticipated and evaluated in the General Plan EIR. The General Plan included the following policies to reduce impacts to biological resources:
LU-I-3 Amend the Urban Development Boundary (UDB) in order to guide growth through annexation and development, and the efficient extension of public services to new areas.
The UDB will be periodically reviewed and updated to ensure that it provides for a 10-year supply of developable residential land and a 20-year supply of developable commercial and industrial land, consistent with the General Plan and LAFCO requirements. The UDB will be adopted separately by the City Council as a General Plan implementation policy.
City of Porterville River Springs
24 LU-I-5 Require contiguous development within the UDB unless it can be demonstrated that development of property which is contiguous to urban development is unavailable.
The City desires to prevent leapfrog development where development skips over available land to outlying and isolated areas. Contiguous development will reduce sprawl, safeguard agriculture land, and reduce the cost of extending services.
LU-I-17 Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible.
LU-I-23 Establish an incentive program that will provide for density and FAR bonuses for mixed use development that includes amenities for public benefit, such as workforce housing, pedestrian-oriented facilities (outdoor seating, plazas, weather protection, and transit waiting areas), historic preservation, cultural facilities, public art and water features, and open space preservation.
LU-I-43 Require master planning using a specific plan [in the Resort Residential community]—as authorized by the Government Code—or a similar planning program (e.g. a PD Planned Development Plan).
Master planning will enable the City to review and approve details about the location of various land uses, open spaces and linkages, and establish the standards and detailed design guidelines for individual development units with their community. Topics to be addressed will include, but not be limited to:
• Integrating storm drainage requirements in site-specific planning; • Planning for appropriate habitat conservation to preserve and protect special status species in the area;
• Preparing site-specific standards and financing programs for public and private improvements including new streets, parks and open space systems, street landscaping, drainage, bikeways and pedestrian walkways; • Creating a streamlined development review process establishing permit review thresholds with clear standards and findings requirements consistent with Plan policies.
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it is within the scope of development projected and no additional impacts to biological resources beyond those analyzed in the General Plan EIR would result from the Project.
The Project would not result in any new or more severe impacts to biological resources relative to what was analyzed in the General Plan EIR
City of Porterville River Springs
25 4.5 CULTURAL RESOURCES
Would the Project:
New
Significant
Impact
Substantial Increase in Severity
of Previously Identified
Significant Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Cause a substantial adverse change in the
significance of a historical resource pursuant
to Section 15064.5 of the CEQA Guidelines?
b) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
c) Disturb any human remains, including
those interred outside of formal cemeteries?
Source: City of Porterville General Plan EIR
The General Plan EIR concluded that with the policies set forth in the General Plan, impacts to Cultural resources would be less than significant. The General Plan EIR did not identify any resources within the Project area.
LU-I-17 Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible.
LU-I-34 Utilize redevelopment, or other tools where available, to revitalize and preserve historic buildings. Continue to allow the adaptive reuse of historic buildings. The City could also enable owners to use the State’s Historic Buildings Code as an incentive to upgrade historic buildings.
OSC-I-71 Update the City’s inventory of historic resources to determine sites or buildings of federal, State, or local historic significance.
OSC-I-72 Develop agreement with Native American representatives for consultation in the cases where new development may result in disturbance to Native American sites.
OSC-I-73 Require that new development analyze and avoid any potential impacts to archaeological, paleontological, and historic resources by:
• Requiring a records review for development proposed in areas that are considered archaeologically sensitive, including hillsides and near the Tule River;
• Studying the potential effects of development and construction (as required by CEQA);
• Developing, where appropriate, mitigation measures to minimize potential impacts; and
• Implementing appropriate measures to avoid the identified impacts.
City of Porterville River Springs
26 In the event that historical or archaeological resources are accidentally discovered during construction, the City will require that grading activity in the immediate area cease. A qualified archaeologist will then be required to make an immediate evaluation and recommend avoidance measures or appropriate mitigation.
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it is within the scope of development projected. It was determined that federal, State, and local laws, as well as policies in the General Plan, would result in less than significant impacts. No additional impacts to cultural resources beyond those analyzed in the General Plan EIR would result from the Project. For these reasons, impacts to cultural resources are less than significant and the Project would not result in any new or more severe impacts to cultural resources relative to what was analyzed in the General Plan EIR.
City of Porterville River Springs
27 4.6 ENERGY
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during Project
construction or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
Sources: City of Porterville General Plan EIR
The General Plan EIR concluded that with the goals and policies set forth in the General Plan for Energy and Climate Change that impacts to Energy would be less than significant.
LU-I-16 Establish guidelines and incentives to promote green building techniques and materials in residential development.
OSC-I-66 Adopt guidelines and incentives for using green building standards in new construction. Green building design guidelines may include required and recommended “green” design and construction strategies including: Building Site and Form, Natural Heating or Cooling, Transportation, Building Envelope and Space Planning, Building Materials, Water Systems, Electrical Systems, HVAC Systems, Construction Management, and Commissioning.
OSC-I-67 Incorporate cost-effective energy conservation measures into all building programs owned by the City, including construction, operations and maintenance. Strategies will include conducting periodic energy audits of public buildings.
OSC-I-68 Publish best practices guide to saving energy on the City’s website and other City publications.
OSC-I-69 Establish regulations to allow flexibility in site planning, solar orientation, roof design, and landscaping to decrease summer cooling and winter heating needs.
OSC-I-70 Ensure City codes allow for environmentally acceptable alternative forms of energy production and green building techniques
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it is within the scope of development projected. No additional impacts to Energy resources beyond those analyzed in the General Plan EIR would result from the Project. For these reasons, impacts to Energy resources are considered less than significant and the Project would not result in any new or more severe impacts to energy resources relative to what City of Porterville River Springs
28 was analyzed in the General Plan EIR.
City of Porterville River Springs
29 4.7 Geology and Soils
Would the project: New
Significant
Impact
Substantial
Increase in
Severity of
Previously
Identified
Significant
Impact in GP
EIR
Equal or Less
Severity of
Impact than
Previously
Identified in GP
EIR
a) Directly or indirectly cause potential substantial
adverse effects, including the risk ofloss, injury, or
death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial
evidence of a known fault? Refer to Division of Mines
and Geology Special Publication
42. ☐ ☐ ☐
ii) Strong seismic ground shaking? ☐ ☐ ☐
iii) Seismic-related ground failure, including
liquefaction? ☐ ☐ ☐
iv) Landslides? ☐ ☐ ☐
b) Result in substantial soil erosion or the loss of
topsoil? ☐ ☐ ☐
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
☐ ☐ ☐
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),creating
substantial direct and indirect risks to life
or property?
☐ ☐ ☐
e) Have soils incapable of adequately supportingthe
use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
☐ ☐ ☐
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature? ☒ ☒ ☒
Source: City of Porterville General Plan EIR
The General Plan EIR concluded that with the policies set forth in the General Plan, impacts to Geology and Soils would be less than significant. The proposed Project is within the scope of the General Plan and will be subject to standard conditions of approval and uniformly applied development standards such as zoning and building code standards.
OSC-I-15 Preserve open space designated for public safety to minimize damage to people and property resulting from potential hazards. Such hazards include, City of Porterville River Springs
30 but are not limited to: quaking, slope collapse, liquefaction, fire, earth sliding, flooding, erosion and siltation, soil compression, lateral spreading, and subsidence. An easement can be used to restrict development near safety hazards, travel networks such as bike or pedestrian paths, as well as near natural resources such as streams that require buffers for water quality protection. The easement does not require the transfer of ownership of property but rather reduces the development potential of the land in order that it may continue to serve the necessary open space purpose.
OSC-I-22 Continue to require soils and geologic surveys for all proposed development in hillside areas.
OSC-I-23 Require adequate grading and replanting to minimize erosion and prevent slippage of manmade slopes. Plant materials for re-vegetation should not be limited to hydro seeding and mulching with annual grasses. Trees add structure to the soil and take up moisture while adding color and diversity.
PHS-I-1 Amend the Zoning Ordinance to include provisions for a geologic hazards abatement district for hillside areas to ensure that geologic hazards are properly mitigated by developers or avoided prior to, or during, development.
Geologic Hazard Abatement Districts are potentially useful financing mechanisms for reducing hillslope hazards. They enable the formation of local assessment districts for the purpose of prevention, mitigation, abatement, or control of geologic hazards, allowing property owners to cooperate in solving a common problem and share costs in an equitable way. These districts are established on individual sites on a case-by case basis through Zoning Map amendments.
PHS-I-2 Maintain and enforce appropriate building standards and codes to avoid and/or reduce risks associated with geologic constraints and to ensure that all new construction is designed to meet current safety regulations.
PHS-I-3 Provide information and incentives for property owners to rehabilitate existing buildings using construction techniques to protect against seismic hazards.
PHS-I-4 Support continued investigation by State agencies of geologic conditions within the City’s Planning Area to promote public awareness of potential geologic and seismic hazards.
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it is within the scope of development projected. No additional impacts to geology and soils beyond those analyzed in the General Plan EIR will result from implementation of the Project.
City of Porterville River Springs
31 4.8 GREENHOUSE GAS EMISSIONS
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have
significant impact on the environment?
b)Conflict with an applicable plan, policy
or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Sources: City of Porterville General Plan EIR
The General Plan EIR evaluated greenhouse gas emissions in the Energy Use and Climate section of the EIR. Greenhouse Gas Emissions were significant and unavoidable. A Statement of Overriding Considerations was adopted with the certification of the General Plan EIR. Impacts from the proposed project would be consistent with those evaluated in the General Plan EIR as the project is consistent with the commercial land use identified and the anticipated development.
LU-I-2 Require a mix of civic, retail and service-oriented uses in the commercial component of neighborhood centers.
The Zoning Ordinance will establish a minimum site area and use mix so centers include more than just a convenience store or gas-station. They also will need to provide for transit stops and related amenities. The City may offer FAR or density bonuses or other incentives for projects undertaking elective improvements that further the City’s community design and/or open space objectives. This type of density bonus cannot be combined with the affordable housing bonus. Off-site improvements directly resulting from a project’s impacts, as specified in the Zoning Ordinance, will be required under the City’s development mitigation program; the bonus is intended for improvements that go beyond the required minimum.
LU-I-5 Require contiguous development within the UDB unless it can be demonstrated that development of property which is contiguous to urban development is unavailable.
The City desires to prevent leapfrog development where development skips over available land to outlying and isolated areas. Contiguous development will reduce sprawl, safeguard agriculture land, and reduce the cost of extending services.
LU-I-15 Adopt community design standards for new residential development. These could include but are not limited to:
• Maximum block length;
• Maximum ratio of block length to width;
• Limited use of dead-end streets;
• Orientation of residential building; and
City of Porterville River Springs
32 • Required connectivity.
Exceptions may be provided for infill sites and projects in the Hillside Development Zone.
LU-I-20 Establish standards for pedestrian-oriented design in neighborhood centers.
Pedestrian orientation design standards may include, but would not be limited to:
• Limitations on maximum block length
• Minimum sidewalk width
• Required streetscape improvements, including street trees • Building height and articulation
• Building setbacks
• Location of entries
• Parking location and required landscaping
The City also may provide additional incentives for projects that contribute to the pedestrian, bicycle and transit networks and/or the open space network.
C-I-3 Provide for greater street connectivity by:
• Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development; • Encouraging roundabouts over signals, where feasible and appropriate; • Requiring the bicycle and pedestrian connections from cul-de-sacs to nearby public areas and main streets; and
• Requiring new residential communities on undeveloped land planned for urban uses to provide stubs for future connections to the edge of the property line.
Where stubs exist on adjacent properties, new streets within the development should connect to these stubs.
C-I-10 Require traffic impact studies for all General Plan amendments that will generate more than 100 peak hour trips. Exceptions may be granted where traffic studies have been completed for adjacent development. The City’s new traffic model developed for the 2030 General Plan will facilitate this analysis.
C-I-15 Situate transit stops and hubs at locations that are convenient for transit users, and promote increased transit ridership through the provision of shelters, benches, bike racks on buses, and other amenities.
C-I-16 Ensure that new development is designed to make transit a viable choice for residents. Design options include:
• Have neighborhood focal points with sheltered bus stops; • Locate medium-high density development whenever feasible near streets served by transit; and
• Link neighborhoods to bus stops by continuous sidewalks or pedestrian paths.
City of Porterville River Springs
33 OSC-I-62 Be proactive in educating the public about the linkages between land use, transportation and air quality.
OSC-I-64 Investigate replacing City vehicles with low-emission technology.
DETERMINATION: The Project is consistent with the City of Porterville General Plan and does not include a general plan amendment. It is within the scope of development projected and no additional impacts to greenhouse gases beyond those analyzed in the General Plan EIR would result from the Project.
City of Porterville River Springs
34 4.9 HAZARDS/HAZARDOUS MATERIALS
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one quarter mile
of an existing or proposed school.
d) Be located on a site that is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would create a
significant hazard to the public or the
environment?
e) Be located within an airport land use plan
or, where such a plan has not been adopted,
within two miles of a public airport of public
use airport, and result in a safety hazard or
excessive noise for people residing or
working in the Project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss, injury
or death involving wildland fires?
Sources: City of Porterville General Plan and EIR
The General Plan EIR concluded that impacts to Hazards and Hazardous Materials were not significant. The proposed project is within the scope of the General Plan and will be subject to standard conditions of approval and uniformly applied development standards.
The General Plan contains policies to mitigate impacts resulting from Hazards and Hazardous Materials.
PHS-I-17 Require remediation and cleanup of sites contaminated with hazardous City of Porterville River Springs
35 substances.
The level of remediation and cleanup will be determined based on the intended use and health risk to the public. At the minimum, remediation will be in compliance with federal and State standards. Clean-up shall be required in conjunction with new development, reconstruction, property transfer of ownership, and/or continued operation after the discovery of contamination.
PHS-I-18 Adopt a Household Hazardous Waste Program and support the proper disposal of hazardous household waste and waste oil; encourage citizens and crime watch organizations to report unlawful dumping of hazardous materials.
The City will promote the reduction, recycling, and safe disposal of household hazardous wastes through public education and awareness. Collection programs should be reviewed annually and expanded where appropriate. The City will also coordinate with hazardous waste recyclers to increase the frequency of hazardous waste collection events under this program.
PHS-I-19 Ensure that all specified hazardous facilities conform to the Tulare County Hazardous Waste Management Plan.
PHS-I-20 Prohibit specified hazardous waste residual repositories and onsite facilities utilizing incineration methods unless the facility demonstrates that it will produce insignificant levels of emissions.
PHS-I-21 Coordinate enforcement of the Hazardous Material Disclosure Law and the implementation of the Hazardous Material Emergency Response Plan with the Tulare County Health and Human Service Agency.
State and Federal legislation requires every business that handles hazardous materials report their inventories to the local fire department. The program's primary function is to identify, monitor, and assist businesses using or storing hazardous materials and allow the City to handle emergency incidents more effectively. The City will maintain and share this information with police, fire, and emergency services.
C-I-28 Designate specific truck routes to provide for the safe movement of goods and hazardous materials throughout the City, ensure that adequate pavement depth, lane widths, and turn radii are maintained on the designated truck routes, and prohibit commercial trucks from non-truck routes except for deliveries.
These routes should avoid residential neighborhoods.
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it is within the scope of development projected. No additional impacts to Hazards and Hazardous Materials beyond those analyzed in the General Plan EIR will result from implementation of the Project.
City of Porterville River Springs
36 4.10 HYDROLOGY AND WATER QUALITY
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
Project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage
pattern on the site or area, including through
the alteration of the course of a stream or river
or through the addition of impervious surfaces,
in a manner that would:
i. result in substantial erosion or
siltation on- or off-site;
ii. substantially increase the rate or amount
of surface runoff in a manner which
would result in flooding on- or off-site;
iii. create or contribute runoff water which
would exceed the capacity of existing
or planned stormwater drainage
systems or provide substantial
additional sources of polluted runoff; or
iv. impede or redirect flood flows?
d) Result in flood hazard, tsunami, or
seiche zones, risk release of pollutants due
to Project inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Sources: City of Porterville General Plan and EIR
The Project is within the scope of development projected under the General Plan and is consistent with land use planning, zoning, and City policies. The Project is consistent with the Low Density land use designation and the PD zoning designation, upon approval of the PD. The residential use to be developed on the proposed site are permitted and would be developed according to the development standards of the PD zone district. It is not anticipated that impacts to hydrology and water quality would exceed impacts evaluated in the General Plan EIR.
City of Porterville River Springs
37 DETERMINATION: There are no additional impacts to hydrology and water quality beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
38 4.11 LAND USE AND PLANNING
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Physically divide an established
community?
b) Cause a significant
environmental impact due to a conflict
with any land use plan, policy, or
regulation adopted for the purpose of
avoiding or mitigating an environmental
effect?
Sources: City of Porterville General Plan EIR
The Project is within the scope of development projected under the General Plan and is consistent with land use planning, zoning, and City policies. The Project is consistent with the Low Density land use designation and will be consistent with the PD zoning upon approval of the PD. The residential use to be developed on the Project site is permitted and would be developed according to the development standards of the PD zone district.
In addition, the eight income-restricted units for low or moderate income households will further the goals of the Porterville Housing Element.
DETERMINATION: There are no additional impacts to potential land use and planning conflict beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
39 4.12 MINERAL RESOURCES
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan
or other land use plan?
Sources: City of Porterville General Plan and EIR.
The General Plan EIR concluded that no mineral resources would be affected from implementation of the General Plan. The following policies were included in the General Plan to ensure impacts to mineral resources would be less than significant:
OSC-I-21 Adopt soil conservation regulations to reduce erosion caused by overgrazing, plowing, mining, new roadways and paths, construction, and off-road vehicles.
OSC-I-24 Require all mining and sand extraction operations to mitigate completely environmental impacts, including operations affecting water quality, habitat preservation, aesthetics and bridge undermining, and to submit reclamation and ultimate use plans for City approval prior to initiating operations.
DETERMINATION: The Project is consistent with the General Plan and would not result in any impacts related to mineral resources.
City of Porterville River Springs
40 4.13 NOISE
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Cause the generation of a substantial
temporary or permanent increase in ambient
noise levels in the vicinity of the Project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Cause the generation of excessive
groundborne vibration or groundborne noise
levels?
c) Be located within the vicinity of a private
airstrip or an airport land use plan or, where
such a plan has not been adopted, within two
miles of a public airport or public use airport,
and as a result, expose people residing or
working in the Project area to excessive noise
levels?
Sources: City of Porterville General Plan EIR;
The General Plan EIR concluded that impacts to Noise were significant and unavoidable.
A Statement of Overriding Considerations was adopted with the certification of the General Plan EIR. Impacts from the proposed project would be consistent with those evaluated in the General Plan EIR as the project is consistent with the low density residential land use and the anticipated development analyzed in the General Plan EIR. The development is not located in any existing or future noise contour in the General Plan EIR. The following policies were adopted in the General Plan to insure impacts are less than significant:
N-I-1 Use the community noise exposure level standards, shown in Table 9-1, as review criteria for new land uses and require a noise study and mitigation measures for all projects that have noise exposure greater than “normally acceptable” levels.
These measures will include, but are not limited to, the following actions:
• Screen and control noise sources, such as parking and loading facilities, outdoor activities and mechanical equipment;
• Increase setbacks for noise sources from adjacent dwellings; • Retain fences, walls, and landscaping that serve as noise buffers; • Use soundproofing materials and double-glazed windows; and • Control hours of operation, including deliveries and trash pickup, to minimize noise impacts.
The need for mitigation of exterior noise exposure for other development will be evaluated on a case-by-case basis. Within urban residential neighborhoods where medium and high density residential development and mixed use development is City of Porterville River Springs
41 planned, the City will balance the need for noise mitigation with urban design considerations, and may not require exterior walls along streets where an attractive pedestrian-oriented environment with porches and front stoops is desired.
N-I-2 Require that all new residential development achieve interior noise level reductions through sound insulation and other measures to meet the land use compatibility standards by acoustical design and construction of the structure and building elements.
N-I-3 Establish standards for the basic elements of noise reduction design for a new dwelling unit exposed to DNL above 65 dB, including the following:
• All facades must be constructed with substantial weight and insulation; • Sound-rated windows providing noise reduction performance similar to that of the façade must be included for habitable rooms;
• Sound-rated doors or storm doors providing noise reduction performance similar to that of the façade must be included for all exterior entries; • Acoustic baffling of vents is required for chimneys, fans and gable ends; and • Installation of a mechanical ventilation system affording comfort under closed window conditions is required.
Alternative acoustical designs that achieve the prescribed noise level reduction in Policy N-I-3 may be approved if a Board-Certified Acoustical Engineer submits information demonstrating that the required reductions can be achieved and maintained.
N-I-4 Require sound walls or other attenuation measures designed to reduce noise by a minimum of 10 dB in residential areas adjacent to State highways when additional lanes are added or when new residential development or sensitive receptors would be exposed to noise above 65 dB.
N-I-5 Reduce noise intrusion generated by miscellaneous noise sources through conditions of approval to control noise-generating activities.
N-I-6 Require new noise sources to use best available control technology (BACT) to minimize noise emissions.
N-I-7 Require noise from existing mechanical equipment to be reduced by soundproofing materials and sound-deadening installation.
N-I-8 Work with the Tulare County Airport Land Use Commission (ALUC) to prepare an Airport Land Use Compatibility Plan and updated airport noise contours, consistent with the new airport layout plan.
N-I-9 Require the disclosure of the noise environment to prospective homebuyers where noise levels exceed “normally acceptable” standards.
LU-I-25 Establish buffering requirements and performance standards intended to minimize harmful effects of excessive noise, light, glare, and other adverse environmental City of Porterville River Springs
42 impacts.
LU-I-32 Include standards in the Zoning Ordinance for housing and mixed use development within the Downtown area that address:
• Building setbacks and relationship to the street;
• Outdoor dining areas;
• Street landscaping to create an attractive and livable environment; • Adequate light, air, ventilation, and noise insulation for residential units; • Building design, including articulation and quality of materials; • Ground floor uses;
• Location and quality of parking; and
• Height and setback transitions to adjacent lower density residential uses C-I-35 Ensure that the land uses in the Airport environs are consistent with the Tulare County Comprehensive Airport Land Use Plan in order to protect the safety of persons and property.
• Ensure no new schools and other noise sensitive uses are built within 4,000 feet of the Airport Clear Zone.
• Ensure that any non-residential uses are not subject to aircraft hazards based on specific criteria developed to evaluate safety risks. • Limit residential parcels within the Airport Outer Approach/Departure Zone to at least 5-acres in size.
DETERMINATION: The Project is consistent with the City of Porterville General Plan as it is within the scope of development projected. No additional impacts to Noise beyond those analyzed in the General Plan EIR will result from implementation of the project.
City of Porterville River Springs
43 4.14 POPULATION AND HOUSING
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Sources: City of Porterville General Plan and EIR.
The General Plan EIR concluded that impacts to Population and Housing were less than significant with the adoption of the General Plan Update. The Project would not directly or indirectly induce population growth, but would provide housing where housing has been planned in the General Plan. The Project would also not displace any people or housing, as the site is currently undeveloped
DETERMINATION: As the proposed project is within the scope of development projected under the General Plan, there would be no additional or more severe impacts to population and housing beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
44 4.15 PUBLIC SERVICES
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Sources: City of Porterville General Plan and EIR; and City of Porterville Development Impact Fees.
The General Plan EIR concluded that impacts to Public Services were less than significant with the adoption of the General Plan Update.
The City of Porterville charges one-time impact fees on new private development to offset the cost of improving or expanding City facilities to accommodate the demand generated by new development. Impact fees are used to fund the construction or expansion of capital improvements for water, sewer, storm drainage, traffic, police, fire, library, general government, wastewater and parks. Development impact fees finance public facilities and service improvements and pay for new development’s fair share of the costs of the City planned public facilities and service improvements identified to accommodate buildout of the General Plan.
The Project is not anticipated to induce substantial growth in the area, either directly or indirectly beyond what was anticipated by the General Plan. The Project will incrementally increase demands for fire and police services, schools, and parks but not to a level that would be considered potentially significant. As a standard condition of project approval, the applicant shall pay all development impact fees applicable to a single-family residential development.
The General Plan contained the following policies to ensure impacts to public services would be less than significant:
Police and Fire
PHS-I-24 Provide cost effective fire, police, and emergency medical service within the City to minimize potential injury, loss and/or destruction to persons or property.
To meet existing and future demand, the City will continue to plan for adequate law enforcement and fire-fighting services, and strive for staffing ratios and response time that meet or exceed national standards. The requirements for City of Porterville River Springs
45 additional Police and Fire Stations will be assessed when the City prepares its Capital Improvement Programs and development fees.
PHS-I-25 Maintain the City’s Class 3 ISO rating, or better, for fire protection.
PHS-I-26 Promote a community-oriented approach to law enforcement.
The City will support public education programs involving crime prevention and safety issues. Currently, the Porterville Police Department has a number of outreach and training programs in place. These include a neighborhood crimewatch program, Police Explorers, Youth Services Foundation, and police volunteer program. Continue to cooperate with the California Highway Patrol and the nearby law enforcement agencies to provide back-up police assistance in emergency situations.
PHS-I-27 Continually assess the adequacy of current funding programs for police, fire and paramedic services and investigate new funding sources.
These could include a public safety impact fee.
PHS-I-28 Ensure that new development incorporates safety concerns into the site, circulation, building design and landscaping plans.
This will be done during the development review process.
Schools
PSCF-I-19 Cooperate with local school districts to ensure that educational facilities with sufficient permanent capacity are constructed to meet the needs of current and projected student enrollment and required infrastructure is constructed when needed.
PSCF-I-20 Amend the Subdivision Ordinance to require reservation of school sites, as shown on the General Plan Land Use Diagram, for school district acquisition for a reasonable period of time, not to exceed five years.
PSCF-I-21 Establish zoning and development incentives for developers who provide sites to accommodate higher education institutions.
Public Facilities
PU-20 Adopt programs to promote waste reduction and recycling and expand recycling programs in multi-family residential and commercial development.
The City collects all garbage and recycling and contracts for processing of recycling materials. As part of an expanded program, the City will publish information on the types of recyclable materials and drop-off locations on the City website as well as in a flyer at least once a year.
PU-21 Establish incentives for existing businesses to participate in the City’s recycling program.
This could include providing waste analysis for local businesses to help them City of Porterville River Springs
46 identify how they can reduce and recycle more waste.
PU-22 Continue participation as a member of Consolidated Waste Management Authority.
PU-23 Evaluate the feasibility of trash compactors in the Downtown area to eliminate multiple commercial trash containers.
PU-24 Periodically survey residents and businesses to ensure that solid waste programs effectively address community needs and issues.
PU-25 Adopt an environmentally preferable purchasing program for all City departments.
This program will include, but not be limited to:
• Using post-consumer recycled paper and other recycled materials in all City operations;
• Giving priority to vendors who provide and use recycled products; and • Evaluating using tire-derived products in public works projects.
PU-26 Adopt a Construction and Demolition Diversion Ordinance.
DETERMINATION: As the proposed Project is within the scope of development projected under the General Plan, there would be no additional or more severe impacts to Public Services beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
47 4.16 RECREATION
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational
facilities which might have an adverse physical
effect on the environment?
Sources: City of Porterville General Plan and EIR.
The General Plan EIR concluded that impacts to Recreation were less than significant with the adoption of the General Plan Update. The Project consists of residential development that will increase demand on the city’s recreational facilities; however, the development is consistent with the plans for recreation services in the General Plan. The impacts will not be beyond what was envisioned and analyzed for recreational needs and potential impacts in the General Plan EIR.
PSCF-I-1 Prepare, adopt, and implement a Parks and Recreation Master Plan, including:
• Plans for the development and acquisition of parks, recreation facilities, trails, and open space;
• Specific facility standards and guidelines for landscaping, lighting, signage, parking and recreational equipment design;
• Performance guidelines to minimize water, energy, and chemical use and preserve wildlife;
• Recommended programs for parks and recreation; and
• Programs for enforcement of park rules.
A comprehensive Master Plan will ensure that planned park, amenities and recreational programs will serve the needs of all residents regardless of age, income or ability, including the physically disabled, and that recreational equipment meet passive (picnicking, walking, etc.) and active needs (sports and team activities) of the population. The Plan also will show how existing parks and recreation facilities will be improved to reduce maintenance cost and water use, along with improving safety and aesthetics.
PSCF-I-2 Update park impact fees to fund the acquisition and development of land for park and recreation facilities, pursuant to the General Plan.
PSCF-I-3 Amend the Subdivision Ordinance to require that residential developers provide a minimum of five acres of neighborhood and community parks per 1,000 City of Porterville River Springs
48 residents or pay in lieu fees.
In-lieu fees can be used for any capacity-building park and recreation facility improvements.
PSCF-I-4 Establish additional funding for the acquisition and development of specialized park and recreation facilities to serve existing and future residents.
PSCF-I-5 Require developers to agree to the establishment of a Park Maintenance District in new neighborhoods.
PSCF-I-6 Establish a program for contributions to the City’s park system by non-residential developers, based on their proportional share of needs generated and use of facilities.
PSCF-I-7 Establish dedication and reservation requirements in the Subdivision Ordinance for open space, parkways and trail systems in new residential developments.
PSCF-I-8 Provide lighted facilities for active community recreation areas in order to extend usability, whenever possible.
Address compatibility with surrounding uses and use energy-efficient lighting design with limited glare and spillover.
PSCF-I-9 Design park and recreation facilities to be as flexible as possible, so that they may adapt to changes in the population served and in the recreation programs offered.
Changing neighborhood demographics can lead to different user requirements over the life of a park. Having flexible park facilities will enable the park to adapt to the changing needs of the adjacent neighborhood.PSCF-I-13 Conduct community surveys as needed to identify unmet demand for park and recreation services. The Parks and Leisure Services Commission will take the lead to conduct and evaluate the survey.
PSCF-I-14 Develop a safe and efficient trail network throughout the City that links parks and other key City destinations.
PSCF-I-15 Continue to support the development of the Tule River Parkway Bicycle and Pedestrian path and the Rails to Trails Project.
PSCF-I-17 Involve citizens, especially youths, in maintaining park areas through participation in park watches, citizen based graffiti watch and cleanup and repair.PSCF-I-18 Cooperate with the school districts to promote joint development and use of school facilities after school hours.
Joint development and use of school sites is especially important in developed areas where park standards have not yet been achieved. This approach will maximize opportunities for park and recreation facilities for Porterville residents.
DETERMINATION: As the proposed Project is within the scope of development projected City of Porterville River Springs
49 under the General Plan, there would be no additional or more severe impacts to Recreation beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
50 4.17 TRAFFIC and TRANSPORTATION
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Conflict with a program plan, ordinance, or
policy addressing the circulation system,
including transit, roadway, bicycle, and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3(b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Sources: City of Porterville General Plan and EIR
The General Plan EIR concluded that impacts to Traffic and Transportation were less than significant with the adoption of the General Plan Update. The proposed development will be consistent with the policies pertaining to traffic and transportation as follows:
Transportation/VMT
C-I-8 Develop and manage the roadway system to obtain LOS D or better during the peak hour for all major roadways and intersections in the City. This policy does not extend to residential streets (i.e., streets with direct driveway access to homes) or state highways and their intersections, where Caltrans policies apply.
Exceptions to LOS D policy may be allowed by the City Council in areas, such as downtown and at highway interchanges, where allowing a lower LOS would result in clear public benefits.
C-I-11 Establish and implement additional programs to maintain adequate levels of service at intersections and along roadway segments as circumstances warrant, including the following actions:
• Collect and analyze traffic volume data on a regular basis and monitor current intersection and roadway segment levels of service on a regular basis. Use this information to update and refine the City's travel forecasting model so that estimates of future conditions are more strongly based upon local travel behavior and trends.
• Consider, on a case by case basis, how to shift travel demand away from the peak period, especially in those situations where peak traffic problems result from a few major generators.
• Perform periodic evaluations of the efficiency of the urban street traffic control City of Porterville River Springs
51 system, with emphasis on traffic signal timing, phasing and coordination to optimize traffic flow along arterial corridors. Use traffic control systems to balance arterial street utilization.
C-I-12 Continue to require that new development pays a fair share of the costs of street and other traffic and local transportation improvements based on traffic generated and impacts on traffic service levels.
C-I-14 Require new development that will have an impact on regional transportation facilities to pay a regional transportation impact fee.
A two-tier system will generate funds not only for the City street system but also for any needed improvements to the State highway facilities that are needed to serve new development. These fees would be set on a “fair share” basis.
LU-I-2 Require a mix of civic, retail and service-oriented uses in the commercial component of neighborhood centers.
The Zoning Ordinance will establish a minimum site area and use mix so centers include more than just a convenience store or gas-station. They also will need to provide for transit stops and related amenities. The City may offer FAR or density bonuses or other incentives for projects undertaking elective improvements that further the City’s community design and/or open space objectives. This type of density bonus cannot be combined with the affordable housing bonus. Off-site improvements directly resulting from a project’s impacts, as specified in the Zoning Ordinance, will be required under the City’s development mitigation program; the bonus is intended for improvements that go beyond the required minimum.
LU-I-5 Require contiguous development within the UDB unless it can be demonstrated that development of property which is contiguous to urban development is unavailable.
The City desires to prevent leapfrog development where development skips over available land to outlying and isolated areas. Contiguous development will reduce sprawl, safeguard agriculture land, and reduce the cost of extending services.
LU-I-15 Adopt community design standards for new residential development.
These could include but are not limited to:
• Maximum block length;
• Maximum ratio of block length to width;
• Limited use of dead-end streets;
• Orientation of residential building; and
• Required connectivity.
City of Porterville River Springs
52 Exceptions may be provided for infill sites and projects in the Hillside Development Zone.
LU-I-20 Establish standards for pedestrian-oriented design in neighborhood centers.
Pedestrian orientation design standards may include, but would not be limited to:
• Limitations on maximum block length
• Minimum sidewalk width
• Required streetscape improvements, including street trees • Building height and articulation
• Building setbacks
• Location of entries
• Parking location and required landscaping
The City also may provide additional incentives for projects that contribute to the pedestrian, bicycle and transit networks and/or the open space network.
C-I-3 Provide for greater street connectivity by:
• Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development; • Encouraging roundabouts over signals, where feasible and appropriate; • Requiring the bicycle and pedestrian connections from cul-de-sacs to nearby public areas and main streets; and
• Requiring new residential communities on undeveloped land planned for urban uses to provide stubs for future connections to the edge of the property line. Where stubs exist on adjacent properties, new streets within the development should connect to these stubs.
C-I-10 Require traffic impact studies for all General Plan amendments that will generate more than 100 peak hour trips.
Exceptions may be granted where traffic studies have been completed for adjacent development. The City’s new traffic model developed for the 2030 General Plan will facilitate this analysis.
C-I-15 Situate transit stops and hubs at locations that are convenient for transit users, and promote increased transit ridership through the provision of shelters, benches, bike racks on buses, and other amenities.
C-I-16 Ensure that new development is designed to make transit a viable choice for residents. Design options include:
• Have neighborhood focal points with sheltered bus stops; City of Porterville River Springs
53 • Locate medium-high density development whenever feasible near streets served by transit; and
• Link neighborhoods to bus stops by continuous sidewalks or pedestrian paths.
OSC-I-62 Be proactive in educating the public about the linkages between land use, transportation and air quality.
OSC-I-64 Investigate replacing City vehicles with low-emission technology.
DETERMINATION: As the proposed Project is within the scope of development projected under the General Plan, there would be no additional or more severe impacts to Traffic and Transportation beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
54 4.18 TRIBAL CULTURAL RESOURCES
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place, cultural
landscape that is geographically defined in
terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
b) A resource determined by the lead agency,
in its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in Public Resources Code Section
5024.1c. In applying the criteria set forth in
Public Resource Code Section 5024.1c, the
lead agency shall consider the significance of
the resource to a California Native American
tribe.
Sources: City of Porterville General Plan and EIR.
The General Plan EIR determined that impacts to Tribal Resources were less than significant with the adoption of the General Plan Update. See Section 4.5.
Determination: Based on the information above, the Project will not result in any new or more severe impacts to tribal cultural resources beyond what was identified in the General Plan EIR.
City of Porterville River Springs
55 4.19 UTILITIES AND SERVICE SYSTEMS
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a)Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available to
serve the Project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c) Result in a determination by the
wastewater treatment provider which serves
or may serve the Project that it has adequate
capacity to serve the Project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e)Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Sources: City of Porterville General Plan and EIR; City of Porterville Urban Water Management Plan The General Plan EIR concluded that impacts to Utilities and Infrastructure were less than significant with the adoption of the General Plan Update. The adoption of the following policies ensures that impacts to utilities and services are less than significant:
Water
PU-I-1 Adopt and maintain an Urban Water Management Plan consistent with the California Water Code.
PU-I-2 Update and implement a Water System Master Plan.
This will include an analysis of water demand, fire flows, capital improvements needed, and pumping mechanisms.
PU-I-3 Periodically review and update development impact fees, water connection charges, and monthly service charges to ensure that adequate funds are collected to operate and maintain existing facilities and to construct new facilities.
City of Porterville River Springs
56 PU-I-4 Support efforts to expand surface water supply and storage that benefits the City.
These efforts will include water banking and treatment.
PU-I-5 Require that necessary water supply infrastructure and storage facilities are in place coincident with new development, and approve development plans only when a dependable and adequate water supply to serve the development is assured.
A water assessment study may be required for individual projects.
PU-I-6 Cooperate with surrounding water management and irrigation districts in a comprehensive water management and recharge program with the long-term goal of stabilizing the groundwater basin.
The City will promote, advance and actively participate in local and regional watershed management programs and strategies to achieve their goals.
PU-I-7 Continue to require water meters in all new development.
PU-I-8 Require that agricultural water rights be assigned to the City when agricultural land is annexed to the City for urban development, consistent with this General Plan.
If a landowner with surface water rights requests annexation to the City, the City will require the landowner to assign those water rights to the City to help offset the water demands for the new development. Alternatively, when agricultural land is annexed to the City for urban development (or in conjunction with the actual sale of surface water rights) the City will enter into a long-term purchase agreement (greater than 20 years) for the provision of water by Porterville Irrigation District (PID) to the City (either for groundwater recharge or for treatment and direct delivery) to be funded from a developer water impact fee to be established the City; groundwater pumping fee; and/or direct water toll on the future delivery of water to that development.
PU-I-9 Work cooperatively toward a program of conjunctive surface water use with local water purveyors and irrigation districts to retain surface water rights and supply following annexation and urban development so as to protect against aquifer overdrafts and water quality degradation.
PU-I-10 Encourage private sector use of alternative water sources to achieve a water balance, including reclaimed water for irrigation and landscaping purposes.
PU-I-11 Promote the continued use of surface water for agriculture to reduce groundwater table reductions.
PU-I-12 Establish a comprehensive program for water conservation.
The City will develop a list of water conservation technologies, methods, and practices that maximizes the beneficial use of water resources and review and update the list periodically to eliminate practices that no longer prove beneficial and add new technologies that become available. The program initially may City of Porterville River Springs
57 include, but would not be limited to:
• Water conserving designs;
• Use of low water use/drought tolerant plants and/or xeriscaping; • Reduction of high water using turf or plants;
• Incorporation of “green building” techniques, including on-site retention, minimizing hardscape, and recharge of stormwater;
• Appropriate irrigation methods and water efficient scheduling by plant type, site conditions and seasonal water needs.
• Additional recycling and reuse of wastewater;
• Audit irrigation of public landscaped areas, including parks and schools, and • recommend water conservation measures; and
• A program to conduct water-use surveys and customer incentives for commercial,
• institutional, and industrial users.
PU-I-13 Undertake a program to retrofit public buildings with water conservation features.
This program will be coordinated with the energy use audits under Policy OSCI-56.
OSC-I-54 Support efforts to create additional water storage where needed, in cooperation with Federal, State, and local water authorities. Additionally, support and/or engage in water banking in conjunction with these agencies where appropriate.
OSC-I-56 Update the emergency water conservation plan to include appropriate conservation policies that can be implemented during times of water shortages caused by drought, loss of one or more major sources of supply, contamination of one of more sources of supply, or other natural or manmade events.
This update will ensure consistency with the City’s Urban Water Management Plan.
Sewer
PU-I-14 Update and implement the Sewer System Master Plan.
This plan will include analysis of the treatment needs as well as collector systems and disposal measures and financial mechanisms.
PU-I-15 Acquire adequate land to be used for reclamation purposes.
PU-I-16 Periodically review and update development impact fees, wastewater connection charges, and monthly service charges to ensure that adequate funds are City of Porterville River Springs
58 collected to operate and maintain existing facilities and to construct new facilities.
PU-I-17 In partnership with County, State and federal agencies, work to prevent illegal wastewater disposal or chemical disposal practices.
Stormwater
PU-I-18 Update and implement the Storm Drain Master Plan.
This plan will include water quality protection for areas where runoff may enter river, slough or groundwater. It also will include:
• Standards for limiting impervious surfaces to minimize runoff during storm event;
• Design and landscaping standards for stormwater storage basins; • An analysis of the feasibility of multi-use water basins; and • Financial mechanisms for construction and maintenance.
PU-I-19 Require new development to provide storm drainage facilities and/or pay a storm drainage impact fee, consistent with the Storm Drain Master Plan.
PHS-I-7 Coordinate with the U.S. Army Corps of Engineers, the County and local irrigation districts on potential flooding risks, including risks associated with dam failure.
This will include coordination on training to respond to catastrophic dam failure, and maintaining adequate storm drainage capacity in the Tule River and Porter Slough.
PHS-I-8 Implement appropriate flood control measures to assure the safety of residents, while emphasizing maintenance of natural wildlife habitats and vegetation.
PHS-I-9 Require new development to provide for the perpetual funding and ongoing maintenance of detention reservoirs.
Maintenance may be by the City under contract, by a private entity, or by another public agency.
PHS-I-10 Continue to require any new development in the floodway to obtain a permit from the California Reclamation Board and enforce the Flood Damage Prevention Ordinance.
PHS-I-11 Coordinate with appropriate agencies to ensure that new bridges are constructed according to acceptable standards and maintained to avoid flood damage.
PHS-I-12 Continue to participate in the National Flood Insurance Program and encourage all property owners within flood hazard areas to carry flood insurance.
DETERMINATION: As the proposed Project is within the scope of development projected under the General Plan, there would be no additional or more severe impacts to Utilities and Infrastructure beyond those analyzed in the General Plan EIR.
City of Porterville River Springs
59 4.20 WILDFIRE
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose occupants to, pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
The Project site is located within a substantially developed area and is surrounded by roadways and urban uses. There are no additional factors, such as steep slopes, prevailing winds, or the installation or maintenance of new infrastructure that would exacerbate fire risk or expose occupants to the uncontrolled spread of a wildfire, pollutant concentrations from a wildfire, post-fire slope instability, or post-fire flooding. The Project site is not in a wildfire risk area and is not located within one mile of a high fire hazard area. The Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. The buildings will be constructed according to the latest California Building Code, which contains standards for building materials, systems, and assemblies used in the exterior design and construction of new buildings that are fire resistant.
Wildfire Impacts were added to the CEQA checklist after the General Plan EIR was adopted; however, wildfire risks were evaluated under the Hazards and Hazardous Materials section of the General Plan Update EIR. Based on that evaluation and the above information, there would be no additional impacts of the Project associated with wildfire risks beyond those analyzed in the General Plan EIR.
Emergency Response and Evacuation Plans
The following policies will reduce the potential impact on adopted emergency response plans or emergency evacuation plans:
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
Sources: City of Porterville General Plan and EIR.
City of Porterville River Springs
60 PHS-I-29 Maintain and periodically update the City’s Emergency Management Plan.
This plan will be updated as necessary in consultation with City departments, community leaders, the school districts, Sierra View District Hospital, SCE, and relevant regional and State agencies.
PHS-I-30 Initiate periodic public information programs that explain the City’s emergency preparedness programs and evacuation routes and encourage each household to be self-sufficient for 72 hours after a manmade or natural disaster.
PHS-I-31 Maintain multi-jurisdictional communication systems and cooperation for emergency training, planning and management.
PHS-I-32 Work with owners and operators of critical use facilities to ensure that they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster. Public utilities are lifeline services for Emergency Command Centers, police and fire departments, and hospitals.
Keeping them open and operative is especially crucial in the 72 hours after a major disaster.
C-I-3 Provide for greater street connectivity by:
• Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development; • Encouraging roundabouts over signals, where feasible and appropriate; • Requiring the bicycle and pedestrian connections from cul-de-sacs to nearby public areas and main streets; and
• Requiring new residential communities on undeveloped land planned for urban uses to provide stubs for future connections to the edge of the property line.
Where stubs exist on adjacent properties, new streets within the development should connect to these stubs.
Wildland Fires
The following policies will minimize risks from wildland fires:
PHS-I-13 Maintain automatic and/or mutual aid agreements with surrounding jurisdictions for fire protection.
PHS-I-14 Enforce weed abatement programs and building and fire code requirements to assure adequate fire protection.
PHS-I-15 Develop and expand existing public fire safety and emergency life support education programs in order to promote public awareness of fire hazards and emergency procedures.
PHS-I-16 Establish fire hazard standards and review procedures at least equivalent to State requirements to protect new development on or adjacent to the hillsides.
The Subdivision Ordinance and the Zoning Ordinance standards shall require City of Porterville River Springs
61 new development on the urban fringe to incorporate fuel breaks, fuel reduction and buffer zones to minimize potential fire losses.
PHS-I-24 Provide cost effective fire, police, and emergency medical service within the City to minimize potential injury, loss and/or destruction to persons or property.
To meet existing and future demand, the City will continue to plan for adequate law enforcement and fire-fighting services, and strive for staffing ratios and response time that meet or exceed national standards. The requirements for additional Police and Fire Stations will be assessed when the City prepares its Capital Improvement Programs and development fees.
PHS-I-25 Maintain the City’s Class 3 ISO rating, or better, for fire protection.
PHS-I-27 Continually assess the adequacy of current funding programs for police, fire and paramedic services and investigate new funding sources.
These could include a public safety impact fee.
PHS-I-28 Ensure that new development incorporates safety concerns into the site, circulation, building design and landscaping plans.
This will be done during the development review process.
DETERMINATION: Based on the above information, the proposed Project is within the scope of development projected under the General Plan, there would be no additional or more severe impacts to Emergency Response and Evacuation Plans and Wildfire Impacts beyond those analyzed in the General Plan EIR
City of Porterville River Springs
62 4.21 MANDATORY FINDINGS OF SIGNIFICANCE
A focused or full environmental impact report for a project may be required where the project has a significant effect on the environment in any of the following conditions:
Would the Project:
New
Significant
Impact
Substantial Increase in
Severity of Previously
Identified Significant
Impact in GP EIR
Equal or Less
Severity of Impact
than Previously
Identified in GP EIR
a) Have the potential to degrade the quality of
the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or
prehistory?
b) Have impacts that are individually limited,
but cumulatively considerable? (“Cumulatively
considerable” means that the incremental
effects of a Project are considerable when
viewed in connection with the effects of past
Projects, the effects of other current Projects,
and the effects of probable future Projects?
c) Have environmental effects, which will
cause substantial adverse effects on human
beings, either directly or indirectly?
Sources: City of Porterville General Plan and EIR.
The Project does not have the potential to substantially reduce the habitat for wildlife species as the site is substantially surrounded by urban uses and will not encroach on any sensitive areas within the Tule River boundaries. The Project is consistent with the General Plan and supports the goals, policies, and programs outlined therein.
The Project will contribute to cumulative impacts identified in the City’s General Plan EIR but will not result in any new or more severe cumulative impacts not previously considered.
As the proposed Project is within the scope of development projected under the General Plan, there would be no new or more severe impacts beyond those analyzed in the General Plan EIR. No additional analysis is required.
City of Porterville River Springs
63 5. REFERENCE DOCUMENTS
The following documents are hereby incorporated by reference and are available for review during normal business hours at the City of Porterville. • Porterville 2030 General Plan Update
• Porterville 2030 General Plan EIR
4582 SF
LOT 67
4517 SF
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8102 SF
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4332 SF
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LOT 44
51.00'
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98.11'
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65.37' 45.00' 45.00'
45.00' 51.00'
37.99'
90.01'
61.57'
75.73'
41.39'
95.00'
91.52'
45.00'
5655 SF
LOT 47
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72.99' 41.58' 64.99'
87.00'
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86.89' 81.10'
71.41'
134.79'
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95.46'
86.24'
75.27'
84.88'
95.29'
93.67'
86.42'
45.21'
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50.59'
15'
30'
5'
PUE
15' 15'
30'
5'
PUE
5'
PUE
15' 15'
30'
5'
PUE 5'
PUE
15'
5'
PUE
18' 18'
50'
6'
PUE
32' 32'
42' 10'
36'
56'
R50'
R43'
7919 SF
LOT 75
3261 SF
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5642 SF
LOT 82
30'
10'
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5'
2946 SF
LOT 1
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LOT 8
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LOT 9
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LOT 10
32.38' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00'
91.00'
91.00'
3945 SF
LOT 11
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LOT 12
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LOT 26
56.20' 33.00' 33.00' 33.00' 33.00' 33.00' 71.79'
33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 75.08'
32.00' 32.38'
4381 SF
LOT 58
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LOT 63 4098 SF
LOT 64 4381 SF
LOT 65 4873 SF
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LOT 54
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LOT 55
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LOT 57
77.85'
104.15'
99.63'
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90.58'
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82.83'
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87.49'
94.73'
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33.00'
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45.49'53.04'
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20.67'
42.50'
35.00'
14.33'
58.00'
54.00'
46.00'
35.00'
19.50'
15.50'
FL AREA=1450SF
FL AREA=1692SF
FL AREA=1734SF
FL AREA=1734SF
FL AREA=1710SF
PLAN 1292
PLAN 1020
PLAN 1230
PLAN 1230
PLAN 1286
AREA=1227SF
PLAN UNK
58.00'
16.00'
34.31'
18.00'
12.00'
26.31' 14.00'
4275 SF
LOT 28
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LOT 27
SS
6'
18'
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PUE
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PUE
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LOT 9
2331 SF
32.00'
SCALE :1"-60'
CIVIL ENGINEERS
810 W ACEQUIA AVENUE, VISALIA CA 93291
559-713-6139
AWE RIVER SPRINGS PLANNED DEVELOPMENT GREG WOODARD
NOTES
±
SITE DATA
1. SANITARY SEWER, WATER, AND STORM
DRAINAGE WILL BE THROUGH A PUBLIC
EASEMENT TO THE CITY OF PORTERVILLE
S. BEVERLY STREET
NEWCOMB STREET
S. BEVERLY STREET
S. LOTAS STREET
RIVER SPRINGS DRIVE
TULE RIVER
RIVER COURT
CITY STORM DRAIN BASIN
FLOODWAY DETERMINED
BFE 431
BFE 430
BFE 429
HOME FLOOR PLANS
PUBLIC OPEN SPACE
5' WIDE SIDEWALK, 15' WIDE LANDSCAPE
OUTLOT 'A'
PRIVATE DRIVE
30' PAVED SECTION
PRIVATE CURB EACH SIDE
ROLLED CURB CITY STD C-2
PUBLIC OPEN SPACE
OUTLOT 'B'
PUBLIC OPEN SPACE
OUTLOT 'B'
RIVER SPRINGS PUBLIC ROAD
50' RIGHT OF WAY
CITY STD 36' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK NORTH SIDE
NEWCOMB STREET PUBLIC ROAD
84' RIGHT OF WAY
CITY STD 64' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK, 5' PARKWAY
10' WIDE OUTLOT
S.GREENWOOD PUBLIC ROAD
50' RIGHT OF WAY
CITY STD 36' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK WEST AND EAST SIDE
CITY STD RESIDENTIAL CUL-DE-SAC
CITY STD P-9
EXISTING STORM DRAIN EASEMENT
TYP.UTILITY LAYOUT
TYPICAL UTILITY LAYOUT
CITY STANDARD DRIVEWAY
DETAIL C-11 (TYPICAL)
NEW PUBLIC SS
NEW PUBLIC
STORM DRAINAGE
NEW
PUBLIC
WATER
NEW 1" WATER SERVICE (TYP)
NEW SS
SERVICE (TYP)
CITY STD RESIDENTIAL
STREET LIGHT (TYP)
CITY STD
RESIDENTIAL
STREET
LIGHT (TYP)
CITY STD FIRE
HYDRANT (TYP)
CITY STD FIRE
HYDRANT (TYP)
RIVER BREEZE RIVER RANCH
S/D PH1
RIVER SPRINGS
S/D PH1
RIVER SPRINGS
S/D PH2
RIVER SPRINGS
S/D PH3
INSTALL 6'' TALL
WOOD FENCE
INSTALL CITY STD
BLOCK WALL
INSTALL 6' TALL
WOOD FENCE
INSTALL 6' TALL
WOOD FENCE
INSTALL CITY STD
WOOD FENCE
INSTALL CITY STD
WOOD FENCE
P.D./TSM C1
REMAINDER PARCEL
8.33 ACRES
TOTAL GROSS AREA = 19.62 ACRES
FLOODWAY AREA = 8.33 ACRES
NEW USABLE AREA =11.29 ACRES/491,792 SQ FT
DENSITY = 6 UNITS /AC (67.74 UNITS)
LOW INCOME DENSITY IS 20% (81.3 UNITS)
PROVIDED LOW INCOME DENSITY (LOTS 67-74/8 LOTS)=12%
ADDITIONAL DENSITY BONUS OF 2%=1 ADD LOT
TOTAL LOTS= 81.3+1=82 LOTS
TOTAL BUILDING AREA =115,761 SQ FT (23.5%)
TOTAL PRIVATE OPEN SPACE AREA =172,537 SQ FT (35.1%)
SETBACK LIMITS
SIDE YARD = 1' MINIMUM SETBACK
FRONT YARD = 10' MINIMUM SETBACK
BACK YARD = 10' MINIMUM SETBACK
NEWCOMB STREET PUBLIC ROAD
84' RIGHT OF WAY
CITY STD 64' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK, 5' PARKWAY
10' WIDE OUTLOT
INSTALL CURB RETURN R20'
PER CITY STD C-12
INSTALL CURB RETURN R20'
PER CITY STD C-12
PHASE 1
PHASE 2
PHASE 2
PHASE 3
(TYPICAL FINAL TBD)
25' WIDE EMERGENCY
ACCESS ONLY
PAINT CURB "RED"
NO PARKING SIGNS
PUBLIC OPEN SPACE (62,008sq ft)
NEW STREET LIGHT (TYP)
RIVER SPRINGS AVENUE - SECTION FOR PHASE 1
T.I.=TBD "R"=TBD
NORTH SIDE
OF RIVER
SPRINGS
SOUTH SIDE
OF RIVER
SPRINGS
NEWCOMB STREET SECTION
T.I.=TBD "R"=TBD
84'
MIN. 6" COMPACTED SUB-GRADE TO 95% RC
2.0% 2.0%
R/W
(E) SIDEWALK
PL
EXISTING PROPOSED
P.C.C. CURB &
GUTTER
PER CITY STD
SIDEWALK
PER CITY
STD
R/W
OUTLOTS
AGGREGATE BASE, CLASS 2 TO 95% RC
ASPHALT CONCRETE
42' 42'
10'
32'
5' 5'
4.5'
PARKWAY
50'
MIN. 6" COMPACTED SUB-GRADE TO 95% RC
2.0% 2.0%
R/W
P.C.C. CURB &
GUTTER
PER CITY STD
SIDEWALK
PER CITY
STD
R/W
AGGREGATE BASE, CLASS 2 TO 95% RC
ASPHALT CONCRETE
22' 28'
18'
5' 5'
4.5'
P.C.C. CURB & PARKWAY
GUTTER
PER CITY STD
10'
18' 10'
30' WIDE PRIVATE DRIVEWAY T.I.=TBD "R"=TBD
MIN. 6" COMPACTED SUB-GRADE TO 95% RC
2.0%
2.0%
AGGREGATE BASE, CLASS 2 TO 95% RC
ASPHALT CONCRETE
15'
1.5'
15'
ROLLED CURB
AND GUTTER PER
CITY STD C-2
5'
PUE
5' 1.5'
PUE
6' 9' 9' 6'
SEWER
LOCATION
WATER SD LOCATION
LOCATION
ROLLED CURB
AND GUTTER PER
CITY STD C-2
30' PRIVATE DRIVE
CITY STD
BLOCKWALL
6'-7" TALL
0 1" =
60' 60'
60'
30'
N
RESOLUTION NO. _____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CONTAINING FINDINGS IN
SUPPORT OF APPROVAL OF THE TENTATIVE SUBDIVISION MAP FOR THE RIVER SPRINGS RESIDENTIAL DEVELOPMENT (PRC 2019-040-S)
WHEREAS: Woodard Homes(Applicant), has submitted to the City of Porterville, the River Springs Residential Development Project (Project), consisting of a Tentative Subdivision Map, Planned Development and related entitlements to accommodate the subdivision of approximately 19.62± acres into 82 lots, an 8.33± acre remainder parcel and proposes approximately 62,008 square feet of public open space. The Project site is located north of the Tule River, between Newcomb Street and South Beverly Street (APN 259-030-030; Site). The Site is zoned PD (Planned Development) and has a General Plan Land Use Designation of RS-2 (Low Density Residential) and Parks and Recreation; and
WHEREAS: the Project also includes construction of interior private streets, landscaping, public utilities, and improvements to Newcomb Street and River Springs Drive; and WHEREAS: on December 31, 2019 staff met with the applicant during Project Review Committee (PRC), where the assessment of the Project (PRC 2019-040-S) commenced. During the PRC meeting, staff provided comments pertaining to the proposed project which outlined the entitlement process and departments’ development standards.
WHEREAS: on December 22, 2021 staff met with the applicant for PRC for Project, PRC 2019-040 (resubmittal). During the PRC meeting, staff provided updated comments pertaining to the updated map and outlined the entitlement process and departments’ development standards.
WHEREAS: on April 5, 2023 staff met with the applicant for a third time during a PRC meeting for review of a resubmittal of 2019-040-resubmittal.
WHEREAS: on December 6, 2025, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for December 16, 2025 and similar notices were sent to owners of property within a 300-foot radius surrounding the Site, and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on December 16, 2025, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has received testimony from all interested parties relative to the proposed Project; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resolution No. _______-2025
Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: based on an assessment prepared pursuant to CEQA Guidelines Sections 15300.2 and 15332, the Environmental Coordinator has made a preliminary determination that the project meets the criteria for exemption from CEQA, pursuant to Section 15183; and WHEREAS: Via Resolution No. ____-2025, the City Council has adopted a finding of conformity with the 2030 Porterville General Plan EIR pursuant to CEQA Guidelines Section 15183.
WHEREAS: Via Resolution No. ____-2025, the City Council has approved the Planned Development Plan prepared for the River Springs Development Project; and WHEREAS: Approval of the aforementioned entitlements would further the goals and objectives of the General Plan; and
WHEREAS: The City Council has made the following findings pursuant to Development Code Section, 400.04, the evidence for said findings substantiated in the record:
1. The proposed map is consistent with the goals, policies, and land use designation of the Porterville 2030 General Plan.
2. The design and improvement of the subdivision is consistent with the goals and policies of the Porterville 2030 General Plan.
3. The site is physically suitable for the type of development.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat.
6. The design of the subdivision or type of improvements are not likely to cause serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the Tentative Subdivision Map for the River Springs Residential Development Project (PRC 2019-040-S) subject to the following conditions:
1. The proposed project shall comply with the Porterville Municipal Code, Chapter 21 Development Ordinance and conditions from the Project Review Committee (PRC) meetings held on December 31, 2019, December 22, 2021 and April 5, 2025 and as outlined in the Project Review Committee letter for PRC 2019-040 meeting of March 13, 2024.
2. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction, Resolution No. _______-2025
and Standard Plans and Specifications, except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.
3. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a). You have 90 days from the date fees are paid to file a written protest.
4. The developer/applicant shall make payment of the required plan check fees at the time of building permit plan submittal.
5. The developer/applicant shall pay School Development fees and all other City fees at the time table determined by current City Ordinance.
6. Easement(s) shall be in place that allow for mutual use of sewer and water, if applicable.
7. Prior to approval of the improvement plans, the developer/ applicant shall have completed and approved, landscaping and/or lighting improvement plans. The developer/applicant shall petition, on a form provided by the City, to have said subdivision placed in a Lighting and Landscape Maintenance District. Submit with the petition the $375 fee. The following shall be included and maintained in said district: (1) Lighting, (2) Recreational Open Space, (3) Public Landscaping, if any (4) Public walls/fences, if any, (5) Drainage reservoir, if any, and (6) any other public improvement in accordance with Series 400, Section 407.03 (i) of the Development Ordinance.
8. The developer/applicant shall prepare an Engineer's Report for the establishment of the assessments in order to provide for ongoing maintenance of the subdivision improvements to be included in the Lighting and Landscape Maintenance District. The Lighting and Landscape Maintenance District shall be established, or annexation into an existing District shall be concluded and landscape and lighting improvements shall be completed and accepted concurrently with the other improvements in the project.
9. Exclusive of assessments for a Lighting and Landscape Maintenance District, the developer/applicant shall pay all service fees and maintain all new lighting and landscape improvements in a safe and healthy manner for the greater of a minimum ninety-day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the Lighting and Landscape Maintenance District.
Resolution No. _______-2025
10. In accordance with Series 400, Section 407.02 (g) or (h) of the Development Ordinance, the developer/applicant shall enter into an agreement that provides for completion of improvements within twelve (12) months of the Final Map acceptance.
11. Prior to recording the final subdivision map, the developer/applicant shall provide surety for off-site improvements and provide easements, permits, calculations, etc. if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the subdivision (e.g. water, sewer, drainage, etc.).
12. The developer/applicant shall dedicate a one-foot (1') limitation of access strip at locations where, in the opinion of the City Engineer, it is undesirable to allow access. A one-foot (1’) limitation of access strip will be required along Newcomb Street.
13. Building permits shall not proceed further than the installation of the foundation until all of the following items are accepted as complete:
a. The storm drain system is functional so that it will accept water from fire hydrant and/or water main flushing;
b. The water system, is functional from the source of water past the lots on which permits are being requested (i.e. all services and the sampling station, if required, are installed, valves are functional and accessible, bacteria testing is completed, etc.);
c. Street base rock for accessibility by public safety officials and building inspectors;
d. Lots are graded in accordance with the approved grading plan. Prior to receipt of the Final Grading, Drainage and Soils Report a letter from the "Supervising Civil Engineer" is required validating that the grading has been done in accordance with the approved grading plan and in accordance with the recommends contained in the Preliminary Soils Report;
e. The sewer system is completed, tested, and accepted by the City prior to residential occupancy of any house in the subdivision;
f. Lot corners are marked;
g. Fire hydrants are accepted by the Fire Department and the Engineering Division.
14. The developer/applicant shall coordinate with the U.S. Postal Service regarding the kind of mail facilities that will be utilized. If neighborhood box units (NBUs) are to be used, construct sidewalks in a timely manner to facilitate NBU installation.
Resolution No. _______-2025
15. The developer/applicant shall cause all regulatory and street name signs to be installed prior to occupancy of any house located where its occupants will utilize a street that does not have them.
16. The developer/applicant shall dedicate and improve, to City standards, temporary turnarounds at the ends of dead-end streets to accommodate refuse vehicles and street sweepers.
17. The developer/applicant shall have a Civil Engineer design a water system that will provide a fire flow at each fire hydrant of 1,000 g.p.m. with 20 p.s.i. residual pressure for a dwelling less than 3,600 square feet and 1,500 g.p.m. with 20 p.s.i. residual pressure for a dwelling unit greater than 3,600 square feet.
18. The developer/applicant shall construct or provide surety for construction of curb, gutter, sidewalk, water, sewer, street paving to the center of the street (if necessary), etc. along the full frontage of all proposed subdivision lots except where they exist to City standards and are in good condition in the opinion of the City Engineer. The developer/applicant shall stub improvements to the property line if, in the opinion of the City Engineer, they will be needed for connection to development on the adjacent property.
19. The developer/applicant shall provide street striping and flexible delineators as necessary to provide safe vehicular movements, where directed by the City Engineer.
20. The developer/applicant shall construct street improvements that comply with the intention of the adopted Development Ordinance and per the attached details. The right of way width for River Springs Avenue shall be 56 feet with a curb to curb with of 36 feet. The north side of River Springs Avenue shall have 4.5 feet of parkway behind the curb, followed by 5 feet of sidewalk. The south side of River Springs Avenue shall have 4 feet of right of way behind the curb. 42 feet of right of way dedication is required on Newcomb Avenue with a center line to curb width of 32 feet. The east side of Newcomb Street shall have 5 feet of landscaped parkway including the curb followed by 5 feet of offset sidewalk. An additional 10-foot landscape easement with a block wall will be required behind the sidewalk on Newcomb Street. Frontage improvements along Newcomb Street shall extend across the drainage basin property, including appropriate fencing, and tie into existing improvements. The cul-de-sac bulb at Greenwood (Place, Way, or Drive) must provide a minimum 48’ radius from center of bulb to curb face to comply with the Fire Code. The private internal roadways (U-shaped loop and internal links to River Springs Avenue) shall be 30’ wide between curbs. These widths are required for the development to allow for proper circulation of traffic and to provide sufficient width for the movement and operation of emergency and refuse vehicles.
21. Prior to approval of the final map, the developer/applicant shall provide public Resolution No. _______-2025
improvement plans prepared by a Civil Engineer that include specific on-site grading details and specifications for City approval.
22. The developer/applicant shall comply with Appendix J, “Grading” of the current California Building Code, including provision of a grading and drainage plan signed by a licensed civil engineer or architect. The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.
23. The developer/applicant shall provide a Soils Report in conformance with Chapter 18 of the current California Building Code. The Soils Report shall include R-Value testing, expansion indexes, etc. where required for the construction of public improvements.
24. The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage, except where they exist and are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Engineer (Ord. No. 1306).
25. The developer/applicant shall comply with driveway vehicular sight distance requirements per Section 300.16 of the Development Ordinance and driveway separation from property line per City standards.
26. The developer/applicant shall design the parking lot in conformance with Chapter 304 of the Development Ordinance if the project includes establishment, alteration, expansion, or change in any use or structure. Minimum cross slopes within the parking lot shall be
1.5% for asphalt concrete or 1% for concrete paving areas, unless approved otherwise.
27. The developer/applicant shall provide a site plan that illustrates truck-turning movements within the parking lot, where applicable. The site plan shall be approved prior to issuance of a building permit application. (This requirement includes, but is not limited to, refuse trucks.)
28. The developer/applicant shall design on-site water systems meeting the requirements of the current California Plumbing and Fire Codes. It shall be noted that the City water system complies with Title 22 of the California Administrative Code and any assurance to effectively provide water pressure for multi-story buildings is the sole responsibility of the owner/builder.
29. The developer/applicant shall submit design master plans consisting of combined grading & drainage and sewer & water utilities to ensure the proper functioning and/or phasing of the development. The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). A minimum amount of runoff must be Resolution No. _______-2025
contained onsite per the State’s MS4 requirements. Drainage calculations must be submitted to verify that onsite drainage area/s will capture necessary runoff. The site shall be designed to convey water to the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.
30. Due to the layout of the proposed development, the developer/applicant shall maintain 18 acre-feet of storm drain storage in the reduced basin parcel. During improvement plan submittal, reduced basin design will be reviewed by the City. Basin No. 52 bottom shall not go lower than 414’ in order to maintain a minimum 10’ separation from the historic groundwater elevation. Any reduction of the basin property shall require purchase by the developer per City approved appraisal, or if insufficient space is available, the required area needed to meet the storage capacity will be taken from the proposed lots.
31. The developer/applicant shall underground existing utility structures (i.e., poles, splice boxes, vaults, etc.) and all proposed utilities.
32. The developer/applicant shall provide 3000K LED streetlights on Marbelite poles (spaced at staggered 160’ intervals) following Southern California Edison Company specifications, as approved by the City Engineer. Wood poles are expressly prohibited without prior written approval of the City Engineer.
33. The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.
34. For residential development, the developer/applicant is hereby notified that the installation of an additional water meter, servicing the irrigation system, is required for monitoring actual water usage. The City will require payment of impact fees based on estimated usage and will monitor actual water usage for one year.
35. The developer/applicant shall, under City inspection, remove all existing abandoned and unnecessary items, to the satisfaction of the City Engineer, before the issuance of a certificate of occupancy (for example, foundations, septic tanks, irrigation pipes, etc.).
36. The developer/applicant shall abandon existing wells, if any, after first getting an abandonment permit from the Tulare County Environmental Health Services Division.
The developer/applicant is required to provide the City Engineer with proof of compliance with County regulations before performing any grading or issuance of the building permit, whichever comes first.
37. The developer/applicant shall assure compliance with Section 7-8, Work Site Resolution No. _______-2025
Maintenance of the Standard Specifications. Applicable requirements from both San Joaquin Valley Air Pollution Control District Regulation VIII, Fugitive PM10 Prohibitions and the California Green Code Standards must also be met. During grading operations the "Supervising Civil Engineer" shall be responsible for enforcing the dust control provisions of Section 7-8 or the developer/applicant shall pay inspection fees on the grading cost to compensate the City for dust control inspection.
38. The developer/applicant shall not allow onsite runoff or debris outside of the limits of the property during construction. Applicable best management practices (BMPs) shall be implemented to protect the City’s drainage system and inhibit vehicle track-out onto City streets. The improvement plans shall show the location of BMPs and areas designated for erosion and waste control. The developer/applicant shall remove and properly dispose of waste and spills deposited in the project area.
39. The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for discharge of Storm Water Associated with construction activity (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale). Before construction begins the proponent must:
a. Submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB). b. Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain, at a minimum:
1. All items listed in Section A of the permit.
2. Descriptions of measures to be taken to prevent or eliminate unauthorized non-storm water discharges and all temporary (e.g., fiber rolls, silt fences, etc.) and permanent (e.g., vegetated swales, detention basins, etc.) best management practices that will be implemented to prevent pollutants from discharging with storm water into water of the United States.
If portions of the project area are to be sold off before the entire project is completed, the proponent must:
• Submit to the California Regional Water Quality Control Board a change of information form identifying the new owners along with a revised site map clearly depicting those portions that were sold and those that are remaining. • Informing each new owner of their responsibility to submit their own NOI, site map, and appropriate fee to the SWRCB and prepare their own SWPPP.
40. The developer/applicant shall comply with the City Flood Damage Prevention Ordinance No. 1777 in all areas of special flood hazards (i.e., Zones A, AE, AH, AO, AR or A99) and Resolution No. _______-2025
the requirements of the Central Valley Flood Protection Board, where applicable. c. A Central Valley Flood Protection Board (CVFPB) permit is required for every proposal or plan of work, including the placement, construction, reconstruction, removal, or abandonment of any landscaping, culvert, bridge, conduit, fence, projection, fill, embankment, building, structure, obstruction, encroachment or works of any kind, and including the planting, excavation, or removal of vegetation, and any repair or maintenance that involves cutting into the levee, wholly or in part within any area for which there is an Adopted Plan of Flood Control, as defined by California Code of Regulations (CCR) Title 23, Division 1, must be approved by the CVFPB prior to commencement of work. Permits may be required by the CVFPB for existing structures that predate permitting or where it is necessary to establish the conditions normally imposed by permitting.
The circumstances include those where responsibility for the encroachment has not been clearly established or ownership and/or the uses have changed. In general, if the proposed work is located within the State Plan of Flood Control, within 300 feet of a Designated Floodway (DF) that has been adopted by the CVFPB, or within 30 feet from the banks of a CVFPB Regulated Stream per CCR, Title 23, Section 112, Table 8,1, a permit will be required. d. A preliminary elevation certificate shall be provided to the City prior for review prior to the foundation forms inspection being scheduled. e. A final elevation certificate shall be provided to the City prior to the final inspection (or any type of occupancy inspection) is scheduled. f. Lots 65-74 will be challenging to develop due to recently altered Tule River conditions. Further analysis must be made to investigate the stability of the soil in the area and the improvements to make the development of those lots viable.
In addition, sufficient area must be provided to allow for the development of the Tule River Parkway, which may not leave enough room for the lots.
41. Project proposing a component of Affordable Housing and qualifies for Density Bonus and Incentives or Concessions, to include not require covered parking for the affordable units.
PASSED, APPROVED, AND ADOPTED this 16th day of December, 2025. __________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga, Chief Deputy City Clerk
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Commun 4582 SF
LOT 67
4517 SF
LOT 68
8102 SF
LOT 69
4260 SF
LOT 74
4332 SF
LOT 43
5068 SF
LOT 42
4845 SF
LOT 31
4275 SF
LOT 30
4275 SF
LOT 29
4275 SF
LOT 28
6210 SF
LOT 27
6210 SF
LOT 36
4275 SF
LOT 35
4275 SF
LOT 34
4275 SF
LOT 33
4845 SF
LOT 32
4275 SF
LOT 38
4845 SF
LOT 41
4275 SF
LOT 40
4275 SF
LOT 39
4275 SF
LOT 45
6210 SF
LOT 37
6210 SF
LOT 46
4275 SF
LOT 44
51.00'
95.00'
95.00'
95.00'
95.00'
95.00'
95.00'
65.37' 45.00'
95.00'
45.00'
95.00'
45.00'
95.00'
95.00'
95.00'
95.00'
95.00'
95.00'
95.00'
98.11'
95.11'
95.00'
95.00'
65.37' 45.00' 45.00'
45.00' 51.00'
37.99'
90.01'
61.57'
75.73'
41.39'
95.00'
91.52'
45.00'
5655 SF
LOT 47
3915 SF
LOT 48
3915 SF
LOT 49
6972 SF
LOT 50
5252 SF
LOT 51
7213 SF
LOT 53
3757 SF
LOT 52
5952 SF
LOT 70
5424 SF
LOT 71
6848 SF
LOT 72
4524 SF
LOT 73
3815 SF
LOT 77
4102 SF
LOT 78
4296 SF
LOT 79
4052 SF
LOT 80
3730 SF
LOT 81
72.99' 41.58' 64.99'
87.00'
87.00'
86.89' 81.10'
71.41'
134.79'
76.84'
95.46'
86.24'
75.27'
84.88'
95.29'
93.67'
86.42'
45.21'
45.21'
45.21'
45.21'
50.59'
15'
30'
5'
PUE
15' 15'
30'
5'
PUE
5'
PUE
15' 15'
30'
5'
PUE 5'
PUE
15'
5'
PUE
18' 18'
50'
6'
PUE
32' 32'
42' 10'
36'
56'
R50'
R43'
7919 SF
LOT 75
3261 SF
LOT 76
5642 SF
LOT 82
30'
10'
10'
10'
10'
5'
2946 SF
LOT 1
2912 SF
LOT 2
2912 SF
LOT 3
2912 SF
LOT 4
2912 SF
LOT 5
2912 SF
LOT 6
2912 SF
LOT 7
2912 SF
LOT 8
2912 SF
LOT 9
2953 SF
LOT 10
32.38' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00' 32.00'
91.00'
91.00'
3945 SF
LOT 11
2331 SF
LOT 12
2342 SF
LOT 13
2353 SF
LOT 14
2364 SF
LOT 15
2375 SF
LOT 16
2385 SF
LOT 17
2396 SF
LOT 18
2407 SF
LOT 19
2418 SF
LOT 20
2429 SF
LOT 21
2440 SF
LOT 22
2450 SF
LOT 23
2461 SF
LOT 24
2472 SF
LOT 25
2504 SF
LOT 26
56.20' 33.00' 33.00' 33.00' 33.00' 33.00' 71.79'
33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 75.08'
32.00' 32.38'
4381 SF
LOT 58
4178 SF
LOT 59
3975 SF
LOT 60
4009 SF
LOT 61
3721 SF
LOT 62
3826 SF
LOT 63 4098 SF
LOT 64 4381 SF
LOT 65 4873 SF
LOT 66
4968 SF
LOT 54
4476 SF
LOT 55
4788 SF
LOT 56
4585 SF
LOT 57
77.85'
104.15'
99.63'
95.10'
90.58'
86.12'
82.83'
83.20'
87.49'
94.73'
99.22'
33.00'
45.00'
45.00'
45.00'
45.00'
45.00'
50.20'
45.16'
45.16'
45.16'
45.16'
45.16'
55.62'
45.49'53.04'
4275 SF
LOT 28
6210 SF
LOT 27
SS
6'
18'
5'
PUE
5'
PUE
2912 SF
LOT 5
2912 SF
LOT 6
2912 SF
LOT 7
2912 SF
LOT 8
2912 SF
LOT 9
2331 SF
32.00'
SCALE :1"-60'
CIVIL ENGINEERS
810 W ACEQUIA AVENUE, VISALIA CA 93291
559-713-6139
AWE RIVER SPRINGS PLANNED DEVELOPMENT GREG WOODARD
NOTES
±
SITE DATA
1. SANITARY SEWER, WATER, AND STORM
DRAINAGE WILL BE THROUGH A PUBLIC
EASEMENT TO THE CITY OF PORTERVILLE
S. BEVERLY STREET
NEWCOMB STREET
S. BEVERLY STREET
S. LOTAS STREET
RIVER SPRINGS DRIVE
TULE RIVER
RIVER COURT
CITY STORM DRAIN BASIN
FLOODWAY DETERMINED
BFE 431
BFE 430
BFE 429
PUBLIC OPEN SPACE
5' WIDE SIDEWALK, 15' WIDE LANDSCAPE
OUTLOT 'A'
PRIVATE DRIVE
30' PAVED SECTION
PRIVATE CURB EACH SIDE
ROLLED CURB CITY STD C-2
PUBLIC OPEN SPACE
OUTLOT 'B'
PUBLIC OPEN SPACE
OUTLOT 'B'
RIVER SPRINGS PUBLIC ROAD
50' RIGHT OF WAY
CITY STD 36' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK NORTH SIDE
NEWCOMB STREET PUBLIC ROAD
84' RIGHT OF WAY
CITY STD 64' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK, 5' PARKWAY
10' WIDE OUTLOT
S.GREENWOOD PUBLIC ROAD
50' RIGHT OF WAY
CITY STD 36' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK WEST AND EAST SIDE
CITY STD RESIDENTIAL CUL-DE-SAC
CITY STD P-9
EXISTING STORM DRAIN EASEMENT
TYP.UTILITY LAYOUT
TYPICAL UTILITY LAYOUT
CITY STANDARD DRIVEWAY
DETAIL C-11 (TYPICAL)
NEW PUBLIC SS
NEW PUBLIC
STORM DRAINAGE
NEW
PUBLIC
WATER
NEW 1" WATER SERVICE (TYP)
NEW SS
SERVICE (TYP)
CITY STD RESIDENTIAL
STREET LIGHT (TYP)
CITY STD
RESIDENTIAL
STREET
LIGHT (TYP)
CITY STD FIRE
HYDRANT (TYP)
CITY STD FIRE
HYDRANT (TYP)
RIVER BREEZE RIVER RANCH
S/D PH1
RIVER SPRINGS
S/D PH1
RIVER SPRINGS
S/D PH2
RIVER SPRINGS
S/D PH3
INSTALL 6'' TALL
WOOD FENCE
INSTALL CITY STD
BLOCK WALL
INSTALL 6' TALL
WOOD FENCE
INSTALL 6' TALL
WOOD FENCE
INSTALL CITY STD
WOOD FENCE
INSTALL CITY STD
WOOD FENCE
P.D./TSM C1
REMAINDER PARCEL
8.33 ACRES
TOTAL GROSS AREA = 19.62 ACRES
FLOODWAY AREA = 8.33 ACRES
NEW USABLE AREA =11.29 ACRES/491,792 SQ FT
DENSITY = 6 UNITS /AC (67.74 UNITS)
LOW INCOME DENSITY IS 20% (81.3 UNITS)
PROVIDED LOW INCOME DENSITY (LOTS 67-74/8 LOTS)=12%
ADDITIONAL DENSITY BONUS OF 2%=1 ADD LOT
TOTAL LOTS= 81.3+1=82 LOTS
TOTAL BUILDING AREA =115,761 SQ FT (23.5%)
TOTAL PRIVATE OPEN SPACE AREA =172,537 SQ FT (35.1%)
SETBACK LIMITS
SIDE YARD = 1' MINIMUM SETBACK
FRONT YARD = 10' MINIMUM SETBACK
BACK YARD = 10' MINIMUM SETBACK
NEWCOMB STREET PUBLIC ROAD
84' RIGHT OF WAY
CITY STD 64' PAVED SECTION
CITY STD CURB AND GUTTER
5' WIDE SIDEWALK, 5' PARKWAY
10' WIDE OUTLOT
INSTALL CURB RETURN R20'
PER CITY STD C-12
INSTALL CURB RETURN R20'
PER CITY STD C-12
PHASE 1
PHASE 2
PHASE 2
PHASE 3
25' WIDE EMERGENCY
ACCESS ONLY
PAINT CURB "RED"
NO PARKING SIGNS
PUBLIC OPEN SPACE (62,008sq ft)
NEW STREET LIGHT (TYP)
RIVER SPRINGS AVENUE - SECTION FOR PHASE 1
T.I.=TBD "R"=TBD
NORTH SIDE
OF RIVER
SPRINGS
SOUTH SIDE
OF RIVER
SPRINGS
NEWCOMB STREET SECTION
T.I.=TBD "R"=TBD
84'
MIN. 6" COMPACTED SUB-GRADE TO 95% RC
2.0% 2.0%
R/W
(E) SIDEWALK
PL
EXISTING PROPOSED
P.C.C. CURB &
GUTTER
PER CITY STD
SIDEWALK
PER CITY
STD
R/W
OUTLOTS
AGGREGATE BASE, CLASS 2 TO 95% RC
ASPHALT CONCRETE
42' 42'
10'
32'
5' 5'
4.5'
PARKWAY
50'
MIN. 6" COMPACTED SUB-GRADE TO 95% RC
2.0% 2.0%
R/W
P.C.C. CURB &
GUTTER
PER CITY STD
SIDEWALK
PER CITY
STD
R/W
AGGREGATE BASE, CLASS 2 TO 95% RC
ASPHALT CONCRETE
22' 28'
18'
5' 5'
4.5'
P.C.C. CURB & PARKWAY
GUTTER
PER CITY STD
10'
18' 10'
30' WIDE PRIVATE DRIVEWAY T.I.=TBD "R"=TBD
MIN. 6" COMPACTED SUB-GRADE TO 95% RC
2.0%
2.0%
AGGREGATE BASE, CLASS 2 TO 95% RC
ASPHALT CONCRETE
15'
1.5'
15'
ROLLED CURB
AND GUTTER PER
CITY STD C-2
5'
PUE
5' 1.5'
PUE
6' 9' 9' 6'
SEWER
LOCATION
WATER SD LOCATION
LOCATION
ROLLED CURB
AND GUTTER PER
CITY STD C-2
30' PRIVATE DRIVE
CITY STD
BLOCKWALL
6'-7" TALL
0 1" =
60' 60'
60'
30'
N
Item No. 16.
CITY COUNCIL AGENDA – DECEMBER 16, 2025
SUBJECT: Community Development Block Grant (CBDG) Substantial Amendments to 2024/25 and 2025/26 Action Plans
SOURCE: Community Development
COMMENT: As an entitlement community, the City of Porterville receives Community Development Block Grant (CDBG) funds annually from the U.S. Department of Housing and Urban Development (HUD). These funds support decent and affordable housing, a suitable living environment, and expanded economic opportunities for low to moderate income households. HUD requires entitlement jurisdictions to adopt a Consolidated Plan and annual action plans that identify how CDBG funds will be allocated each program year.
A substantial amendment to an action plan is required when there is a change in allocation priorities or funding methods, a 25% increase or decrease in a funding category, the introduction of a new activity not identified in the Consolidated Plan, or any change that alters the intended beneficiaries of a previously approved activity.
A substantial amendment is proposed to the 2024/2025 Action Plan to reallocate a total of $339,114.55 in CDBG funds to the First-Time Low-Income Homebuyer Program. These reallocations are needed to meet program demand and to ensure the City remains in compliance with HUD expenditure deadlines. The amendment proposes the following adjustments:
• $74,679.43 from the 2020 Business Assistance Program
• $14,432.80 from the 2020 Multi-Sport Field Improvement Project • $15,292.24 from the 2021 Owner-Occupied Rehabilitation Program • $134,710.08 from the 2022 Owner-Occupied Rehabilitation Program • $100,000 from the 2024 Owner-Occupied Rehabilitation Program A substantial amendment is also proposed to the 2025/2026 Action Plan to add contingency language specifying where unspent funds will be reallocated at the end of the fiscal year, if such reallocation is necessary to meet HUD expenditure requirements. The contingency language identifies where carryover and entitlement funds would move within each eligible program Item No. 16.
category.
Consistent with the City's adopted Citizen Participation Plan, a community meeting was held on November 1, 2025, at the Porterville Library, followed by a public hearing before the CDBG Citizens’ Advisory and Housing Opportunity Committee on November 6, 2025. The proposed amendments were made available for public review on the City’s website and in hard copy at City Hall for a thirty-day public comment period beginning November 14, 2025, and concluding December 16, 2025. As of the preparation of this report, no public comments have been received.
Staff recommends approval of the substantial amendments to both Action Plans and authorization to submit the amended documents to HUD.
RECOMMENDATION: That the City Council:
1. Adopt the draft resolution approving the substantial amendment to the 2024/2025 Action Plan;
2. Adopt the draft resolution approving the substantial amendment to the 2025/2026 Action Plan; and
3. Direct staff to submit both amended Action Plans to the U.S.
Department of Housing and Urban Development (HUD).
ATTACHMENTS: 1. Draft Resolution - CDBG 2024-2025 Action Plan Substantial Amendment
2. Draft Resolution - CDBG 2025-2026 Action Plan Substantial Amendment
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
RESOLUTION NO _____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING THE 2024/2025 ACTION PLAN AMENDMENT AND PROPOSED USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, at its meeting on April 16, 2024, the City Council approved the 2024/25 Action Plan (AP) and use of Community Development Block Grant (CDBG) funds; WHEREAS, a substantial amendment to an action plan is triggered whenever there is a change in the allocation priorities or a change in the method of fund distribution; a substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent; to implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan; or to change the purpose or intended beneficiaries of an activity approved for CDBG funding; WHEREAS, in order to meet program demand and remain in compliance with expenditure deadlines imposed by the U.S. Department of Housing and Urban Development (HUD), a substantial amendment is being proposed to the 2024/2025 Action Plan to reallocate $339,114.55 in funds to the First-Time Low-Income Homebuyer Program; WHEREAS, consistent with the City's adopted Citizen Participation Plan, a community meeting was held on November 1, 2025, at the Porterville Library, and a public hearing at a meeting of the CDBG Citizens' Advisory and Housing Opportunity Committee meeting on November 6, 2025, at City Hall, in order to obtain the views of citizens, public agencies, and other interested parties on the proposed amendments; and
WHEREAS, the draft document has been made available to the public via the City's website and in hard copy format at City Hall for a 30-day comment period, which began on November 14, 2025, and will conclude on December 16, 2025. Notice of the proposed amendment, meetings, hearings and comment period were advertised in The Porterville Recorder, the City’s website and the City's various social media accounts.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2024/2025 Action Plan Amendment, attached as Exhibit A, and proposed use of Community Development Block Grant Funds with proposed changes for the 2024/2025 Program Year Entitlement.
Resolution No. ____-2025
PASSED, APPROVED, AND ADOPTED this 16th of December, 2025. ______________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _______________________________
Fernando Gabriel- Moraga,
Chief Deputy City Clerk
Resolution No. ____-2025
EXHIBIT A
SUBSTANTIAL AMENDMENT TO THE CDBG
2024/25 ANNUAL ACTION PLAN
30-Day Public Comment Review Period
November 14, 2025 to December 16, 2025
EXECUTIVE SUMMARY
A Substantial Amendment to the 2024/25 AP is being proposed so that the City remains in compliance with expenditure deadlines and is able to meet program demand based on anticipated program year expenditures. This Substantial Amendment would reallocate $339,114.55 in entitlement funds to the First-Time Low-Income Homebuyer Program.
CITIZEN PARTICIPATION
On December 16, 2025, a Public Meeting will be held during the normally scheduled City Council meeting, starting at 6:30 PM or soon thereafter. Porterville City Council Meetings are livestreamed on YouTube at:
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Comments to the Amendment may be submitted before the meeting via email to [email protected], via phone at (559) 782-7460, or in-person at 291 N Main Street, Porterville, CA 93257. Members of the public are encouraged to submit comments prior to 6:30 p.m., Tuesday, December 16, 2025, to participate in said meeting. The comments read during the Council meeting will be incorporated into the official record. Alternatively, there will be an opportunity to provide comments during the public comment time at the Public Hearing.
A. PUBLIC COMMENTS
In accordance with the current Citizen Participation Plan approved by the U. S. Department of Housing and Urban Development (HUD), the City of Porterville must publish the documents for no less than 30 calendar days for public comment before it is submitted to HUD.
The public notice was published in English and Spanish on November 14, 2025, announcing the thirty (30) day comment and review period through the close of business December 16, 2025.
Summary of Public Comments Received:
Community Meeting, November 1, 2025
No public comments were received.
Resolution No. ____-2025
CDBG Advisory and Housing Committee Meeting and Public Hearing November 6, 2025 No public comments were received.
30-Day Public Review & Comment Period
Any public comment received during the comment period will be included in this section Public Hearing, December 16, 2025
Any public comment received during this meeting will be included in this section.
Outreach
Social media outreach regarding the draft amendment, review and comment period, community meeting, and public hearings was shared on City of Porterville Administration, Choose Porterville, Porterville Parks and Leisure Services, and Porterville Library social media accounts. The number of accounts reached will be updated at the close of the comment period.
B. PROPOSED AMENDMENT DETAIL
Substantial Amendment would reallocate the following funds to the First-Time Low-Income Homebuyer Program: $74,679.43 from 2020 Business Assistance Program funds; $14,432.80 from 2020 Multi-Sport Field Improvement Project funds; and $15,292.24 in 2021 funds, $134,710.08 in 2022 funds, and $100,000 in 2024 funds from the Owner-Occupied Rehabilitation Program. The total of funds to be reallocated is $339,114.55. Substantial Amendment would reallocate the following funds to the First-Time Low-Income Homebuyer Program: $74,679.43 from 2020 Business Assistance Program funds; $14,432.80 from 2020 Multi-Sport Field Improvement Project funds; and $15,292.24 in 2021 funds, $134,710.08 in 2022 funds, and $100,000 in 2024 funds from the Owner-Occupied Rehabilitation Program. The total of funds to be reallocated is $339,114.55.
Program Approved Funds for
2024/25
Proposed Amended
Funds for 2024/25
Administration $148,471 $148,471
Public Services $116,805 $116,805
First-Time Low-Income Homebuyer $323,360 $662,475
Owner Occupied Housing Rehab $300,400 $50,398
Parks Improvement Program $197,829 $197,829
Multi-Sport Field Improvement $311,029 $296,596
Business Assistance Program $141,081 $66,402
Total $1,5838,975 $1,538,975
RESOLUTION NO ____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
2025-2026 ACTION PLAN AMENDMENT
WHEREAS, at its meeting on July 15, 2025, the City Council approved the 2025-2029 Consolidated Plan and 2025-26 Action Plan (AP) and use of Community Development Block Grant (CDBG) funds;
WHEREAS, a substantial amendment to an action plan is triggered whenever there is a change in the allocation priorities or a change in the method of fund distribution; a substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent; to implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan; or to change the purpose or intended beneficiaries of an activity approved for CDBG funding; WHEREAS, an amendment to the 2025-26 AP is being proposed to add contingency language to specify where any allocated money is to be moved at the end of the Fiscal Year, if moving funds is necessary and required to meet expenditure imposed by the U.S. Department of Housing and Urban Development (HUD);
WHEREAS, consistent with the City's adopted Citizen Participation Plan, a community meeting was held on November 1, 2025, at the Porterville Library, and a public hearing at a meeting of the CDBG Citizens' Advisory and Housing Opportunity Committee meeting on November 6, 2025, at City Hall, in order to obtain the views of citizens, public agencies, and other interested parties on the proposed amendments; and
WHEREAS, the draft document has been made available to the public via the City's website and in hard copy format at City Hall for a 30-day comment period, which began on November 14, 2025, and will conclude on December 16, 2025. Notice of the proposed amendment, meetings, hearings and comment period were advertised in The Porterville Recorder, the City’s website and the City's various social media accounts.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2025-26 Action Plan Amendment, attached as Exhibit A, adding Resolution No. _____-2025
contingency language to the 2025-26 Program Year Entitlement and Program Income allocations.
PASSED, APPROVED, AND ADOPTED this 16th day of December, 2025. ______________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga,
Chief Deputy City Clerk
Resolution No. _____-2025
EXHIBIT A
SUBSTANTIAL AMENDMENTS TO THE CDBG
2025/26 ANNUAL ACTION PLANS
30-Day Public Comment Review Period
November 14, 2025, to December 16, 2025
EXECUTIVE SUMMARY
A Substantial Amendment to the 2025/26 AP is being proposed to add contingency language to specify where any allocated money is to be moved at the end of the Fiscal Year, if moving funds is necessary and required to meet expenditure deadlines.
CITIZEN PARTICIPATION
On December 16, 2025, a Public Meeting will be held during the normally scheduled City Council meeting, commencing at 6:30 PM or soon thereafter. Porterville City Council Meetings are livestreamed on YouTube at:
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Comments to the Amendment may be submitted before the meeting via email to [email protected], via phone at (559) 782-7460, or in-person at 291 N Main Street, Porterville, CA 93257. Members of the public are encouraged to submit comments prior to 6:30 p.m., Tuesday, December 16, 2025, to participate in said meeting. The comments read during the Council meeting will be incorporated into the official record. Alternatively, there will be an opportunity to provide comments during the public comment time at the Public Hearing.
A. PUBLIC COMMENTS
In accordance with the current Citizen Participation Plan approved by the U. S. Department of Housing and Urban Development (HUD), the City of Porterville must publish the documents for no less than 30 calendar days for public comment before it is submitted to HUD.
The public notice was published in English and Spanish on November 14, 2025, announcing the thirty (30) day comment and review period through the close of business December 16, 2025.
Summary of Public Comments Received:
Community Meeting, November 1, 2025
No public comments were received.
Resolution No. _____-2025
CDBG Advisory and Housing Committee Meeting and Public Hearing November 6, 2025 No public comments were received.
30-Day Public Review & Comment Period
Any public comment received during this period will be included in this section.
Public Hearing, December 16, 2025
Any public comment received during this meeting will be included in this section.
Outreach
Social media outreach regarding the draft amendment, review and comment period, community meeting, and public hearings was shared on City of Porterville Administration, Choose Porterville, Porterville Parks and Leisure Services, and Porterville Library social media accounts. The number of accounts reached will be updated at the close of the comment period.
B. PROPOSED AMENDMENT DETAIL
A Substantial Amendment to the 2025/26 AP is being proposed to add contingency language to specify where any allocated money is to be moved at the end of the Fiscal Year, if moving funds is necessary and required to meet expenditure deadlines.
Project Name
25/26
Funding Contingency Language
Administration
and Planning $138,514.00
Carry Over: $0 is anticipated carryover from PY 2025/26 Entitlement (ENT), however if there is any carryover on 6/30/2026, it will be moved to First-Time Low-Income Homebuyer Program and any unused of the current year’s 20% will be returned to its respective account where it was generated.
Housing $377,462.00
Carry Over: $0 is anticipated carryover from PY 2025/26, however if any carryover remains on 6/30/2026 the program income (PI) shall be carried over into the respective Revolving Loan (RL) fund and ENT funds will remain to continue funding the First-Time Low-Income Homebuyer and Owner-Occupied Housing Rehabilitation Programs. Contingency:
Available ENT from past years can be re-allocated to the Business Assistance Program if the demand exceeds available allocated funding.
Public Service $98,090.00
Carry Over: $0 is anticipated carryover from PY 2025/26, however if any carryover remains on 6/30/2026 it shall be allocated to First-time LowIncome Homebuyer Program. Contingency: These funds can be reallocated to the youth center should a new site become available and the activity resumes operations.
Public
Facilities &
Infrastructure $862,078.00
Carry Over: $0 is anticipated carryover from PY 2025/26, however if any carryover remains on 6/30/2026 it shall be added to the Multi-Sports Field Improvement Project if there is a need in that program, if not it Resolution No. _____-2025
shall remain to continue funding park improvement projects at the designated parks.
Economic
Development
& Business
Assistance $178,496.00
Carry Over: $0 is anticipated carry over for FY 2025/26. If any ENT carryover is remaining on 6/30/2026 it shall remain and any new PI received during the year shall be added into the RL fund to continue funding the Business Assistance Loan Programs as the City continues to accept and review applications for those programs.
Item No. 17.
CITY COUNCIL AGENDA – DECEMBER 16, 2025
SUBJECT: Second Reading - Ordinance No. 1926, Approving a Development Agreement between the City of Porterville and Cannabis Express, Inc.
SOURCE: City Attorney
COMMENT: Ordinance No. 1926, an Ordinance of the City Council of the City of Porterville, approving a Development Agreement between the City of Porterville and Cannabis Express, Inc., for the establishment of a commercial cannabis dispensary located at 1436 W. Olive Avenue, Porterville, California, was given first reading on December 2, 2025, and has been printed.
RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1926, waive further reading, and adopt said Ordinance.
ATTACHMENTS: 1. Ordinance No. 1926
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
ORDINANCE NO. 1926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PORTERVILLE AND CANNABIS EXPRESS, INC.
RELATING TO THE DEVELOPMENT OF A RETAIL CANNABIS DISPENSARY AT 1436 W. OLIVE AVENUE WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California State Legislature adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter in agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property;
WHEREAS, in accordance with the Development Agreement Statute, the City of Porterville has enacted regulations to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; WHEREAS, in accordance with Chapter 15, Article VII of the Porterville Municipal Code, the City of Porterville awarded, via a Request for Proposals process, an opportunity to Cannabis Express, Inc. to negotiate a Development Agreement and apply for a Cannabis Business regulatory permit for the establishment of a Retail Cannabis Dispensary;
WHEREAS, Pursuant to Chapter 15, Article VII, Section 15-87, subsection C. of the Porterville Municipal Code, no approval for a cannabis business regulatory permit may be granted unless the City Council, prior to or concurrently with such approval, also approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of Article VII of Chapter 15, all other local ordinances and regulations, state law and such other requirements promulgated by the City in order to protect and promote the public health, safety and welfare.
WHEREAS, the City and Cannabis Express, Inc. duly met, negotiated, and agreed upon the terms and conditions for said operation of the commercial cannabis business, to be operated at 200 North Main Street, Porterville, California;
WHEREAS, pursuant to Chapter 15, Article VII, Section 15-87, subsection C, the City and Cannabis Express, Inc. entered in a Commercial Cannabis Dispensary Development Agreement on July 24, 2023 (recorded August 2, 2023), and has developed and is operating a licensed dispensary at that location.
WHEREAS, the owner of Cannabis Express, (“Premium Blossom”) has filed an application with the City for a tentative parcel map and development ordinance amendment, in order to relocate its current licensed dispensary to 1436 W. Olive Avenue, Porterville California.
WHEREAS Development Agreements must be authorized by Ordinance, and are recorded and run with the specific real property it applies to; and new Development Agreement should be authorized for the 1432 W. Olive, Unit A site.
WHEREAS, this Development Agreement will assure the City and its residents and the Developer that the Development will proceed as proposed and that the public improvements and other amenities and funding obligations, will be accomplished as proposed; and Ordinance No. 1926
WHEREAS, pursuant to Section 65867 of the California Government Code, and the City’s Development Agreement regulations, the City Council on December 2, 2025, held a duly noticed public hearing concerning whether to adopt the Development Agreement, during which public hearing, the Council received any comments from the Developer, City staff, and members of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:
SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.
SECTION 2. This Ordinance is adopted under the authority of California Government Code Section 65854 et seq., and pursuant to the City’s Development Agreement regulations.
SECTION 3. In accordance with the City’s Development Agreement regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, in that it establishes certain development rights, obligations and conditions for the implementation of the subject property;
(b) The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the general plan designations which will apply to the subject property;
(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice;
(d) The Development Agreement will not be detrimental to the public health, safety and general welfare; and
(e) The Development Agreement will not adversely affect the order development of property or preservation of property values.
SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) The City’s General Plan, and any applicable amendments thereto. (c) All City staff reports (and all other public reports and documents) prepared for the City Council, related to the Development Agreement, and other actions relating to the subject property;
(d) All documentary and oral evidence received at the public hearing or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the subject property; and
(e) All other matters of common knowledge to the City Council, including but not limited to the City’s fiscal and financial status, City general ordinances, policies and regulations.
SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, as approved by the City Council.
Ordinance No. 1926
SECTION 6. 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 Guidelines section 15301 [existing facilities] and 15303 [conversion of an existing structure from one use to another in conjunction with minor changes to the facility]. 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 7. Upon the effective date of this Ordinance as provided in Section 11 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement on behalf of the City of Porterville.
SECTION 8. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Agreement.
SECTION 9. 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 10. 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.
SECTION 11. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage and adoption. 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 16th day of December, 2025 ___________________________
ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: ____________________
Fernando Gabriel-Moraga
Chief Deputy City Clerk
1 RECORDING REQUESTED BY |
City of Porterville |
AND WHEN RECORDED MAIL TO: |
City of Porterville |
291 N. Main Street |
Porterville, CA 93257 |
Attention: City Manager |
=================================================================
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code
§6103
COMMERCIAL CANNABIS DISPENSARY DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND
CANNABIS EXPRESS, INC. FOR RETAIL DISPENSARY AT 1436 W. OLIVE AVENUE THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this _____ day of_____________, 2025, (the “Execution Date”), by and between the CITY OF PORTERVILLE, a California municipal corporation (“City”) and PREMIUM BLOSSOM, also known as CANNABIS EXPRESS, INC. ("Owner"). City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying thisAgreement:
RECITALS
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements with those having legal or equitable interests in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within theirjurisdiction;
WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Owner, and to meet certain public purposes of the local government; WHEREAS, the City has adopted Municipal Code Article 609, establishing the procedures and requirements for the consideration of development agreements with theCity; "EXHIBIT A"
2 WHEREAS, Owners currently hold legal or equitable interest in real property considered in this Agreement which has a development area approximately 1,320 square feet located at 1436 W. Olive, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 251-291-017, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, the owner and CEO of Premium Blossom, also known as Cannabis Express, Inc., Darin Garrett, owns the site/real property, and wishes to relocate his current licensed cannabis dispensary, located at 200 North Main Street, City of Porterville, to the above stated location for the purpose of commercial cannabis related activities, specifically the development and operation of a commercial cannabis dispensary. Such Commercial Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; the City of Porterville Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”), and all Resolutions and procedures adopted or authorized by the City in accordance with those laws and regulations.
Prior to operating a commercial dispensary Owner shall be required to obtain a Commercial Cannabis Permit from the City, and all related permits and licenses prior to the operation of same, pursuant to Chapter 15, Article VII and Chapter 21, Article 609 of the Porterville Municipal Code.
WHEREAS, Owner has obtained or will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate a commercial storefront dispensary at the Site. The definition of "Property Owner" hereunder shall mean and refer to the fee simple owner of the property. The definition of “Owner” hereunder shall mean and refer to any authorized tenant of the Site to the extent such party holds or is covered by a Commercial Cannabis Permit; WHEREAS, Owner has applied to this City for a Commercial Cannabis Permit (hereinafter "CCP”) to conduct Commercial Cannabis Activities at the proposed site. No such activities are allowed or authorized without a Development Agreement, a Commercial Cannabis Permit, and all requirements pursuant to the above-referenced City regulations.
WHEREAS, Owner presently intends to develop and open a commercial storefront dispensary on the Site consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”).
WHEREAS, the Project will consist of: one commercial tenant space totaling approximately 1,320 square feet within an existing building.
WHEREAS, in 2019, Ordinance Nos. 1853 and 1854 came into effect authorizing specified Commercial Cannabis Activities within the City of Porterville, in strict compliance with related State of California laws, regulations and policies, under specified conditions and provisions; 3 WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have beensatisfied; WHEREAS, the City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipalordinances;
WHEREAS, the City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner(s) has represented to City that it would not consider or engage in the Project absent City approving this Agreement;
WHEREAS, the City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as describedbelow;
WHEREAS, in conjunction with the City’s applicable ordinances and resolutions, the Zoning Administrator of the City reviewed, considered and recommended environmental clearance and recommended approval of the execution of this Agreement to the City Council.
The Zoning Administrator found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscalimpact on the City; WHEREAS, after conducting a duly noticed hearing on _________________, in conjunction with the City’s applicable ordinances and resolutions, and after independent review and consideration, the City Council approved the execution of this Agreement. The City Council found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Porterville and itsresidents. 4 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
1. Government Code and Municipal Code RequiredElements
• Description of Property. Land situated in the City of Porterville, County of Tulare, State of California; whose street address is 1436 W. Olive Avenue, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number:
251-292-017.
• Owner and Other Person with Legal or EquitableInterest.
Owner: Darin Garrett
Nature of Interest: Owner
If Owner is not the fee simple owner of the Site, check box below:
[ X] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit A).
• Permitted Uses. The subject property may be used for commercial storefront cannabis dispensary as presently authorized under City Chapter 15, Article VII of the Porterville Municipal Code, §§ 15-85 through 15-105 and Chapter 21, Section 301.23, and 609.01 through 609.11, and for any other use as authorized under applicable provisions of the Porterville MunicipalCode.
• Zoning. Owner shall guarantee that such activities outlined in Owner’s Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with the City’s municipal code, including the above-referenced zoning regulations and any and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from the City and State of California.
• Reservation or Dedication of Land for Public Purposes. If needed, sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.
5 2. Term
This Agreement shall commence on the date the Ordinance approving this Agreement goes into effect (the “Effective Date”) and it shall end fifteen 15 years from the starting date, and it shall remain in full force and effect so long as the subject property has been developed and is used for a commercial cannabis facility as authorized under City Municipal Code Chapter 15 Article VII, and Section 301.23; provided, however, that such use must be commenced and begin operating within two (2) years of the Effective Date, and said operations/use is not abandoned for a period of more than ninety (90) days.
Furthermore, cannabis operations shall not commence unless and until all cannabis operations have ceased at the 200 N. Main Street location, and Owner has authorized the City to record a Notice of Termination of the Development Agreement associated with that location. This Agreement shall be extended for up to 1 additional 5-year period following the expiration of the initial fifteen (15) year term upon the occurrence of all of the following:
The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial fifteen year term that the Owner desires to extend this Agreement for an additional 5-year period; (i) The Owner shows adequate evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interestsforthe duration of the extended term of the Agreement;
(ii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation; (iii) The Owner shall be in compliance with all provisions of the City’s Municipal Code, and all terms imposed by the City-issued Commercial Cannabis Permit; and (iv) The Owner shall not be in default of any provision of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.
3. General Business/Store and Offices – The facility will maintain hours of operation consistent with Section 15-87.L. of the Municipal Code, with generally a minimum of eight employees per shift. The parties may agree to a different number if warranted by the business volume.
6 4. Parking/Loading, and Drive-through Access. The proposed project is located in CG (General and Service Commercial) Zone District, parking/loading and drive through access is required to comply with Municipal Code, Chapter 21 Development Code Section 304 On-Site Parking and Loading. The project complies with the CALGreen Tier 1 by incorporating storm water pollution prevention measures, installing energy- and waterefficient equipment, and planting native and drought-tolerant landscaping at the front of theproperty. Owner shall comply with all drive-through requirements as set forth by applicable regulations and/or as required by the City, including but not limited to Municipal Code, Chapter 21 Development Code, Sections 203.04.C.2.f., 300.10.D., 303, 304.04.H, 304.10 and 700.02.
5. Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side areas and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records.
Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. In addition, the applicant will provide an operational security plan in compliance with applicable City Regulations and policies.
6. Owner’s Site and Floor Plans
• Owner’s site plan and floor plan for the facility are attached hereto as Exhibit B and incorporated into theApplication.
• A preliminary landscape plan shall be prepared and reviewed and approved by the City Manager, the Community Development Director, the Engineering and Project Management Director, and/or their respective designees. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities. • An exterior signage plan shall be prepared and reviewed and approved by the appropriate City staff in accordance with the procedures and requirements of the Porterville Municipal Code. Owner agrees that it will not use the words “Cannabis” or “Marijuana” (or any forms or derivatives of the words) in the business name signage.
7. Facility Operations
• Standard Operating Procedures. Owner is a lawful entity that will only transact business with other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a dispensary, Owner shall be required to obtain a Commercial Cannabis Permit, and all requirements pursuant to said permit, from the City pursuant 7 to the City Municipal Code. Further, and notwithstanding anything to the contrary, Owner may operate such cannabis-related activities as permitted in accordance with California state laws and regulations, as may be amended, including without limitation, as long as such activity is not inconsistent with this Development Agreement, the Cityissued Commercial Cannabis Permit, and the Porterville Municipal Code.
During the term of its Commercial Cannabis Permit and the term of this Agreement, Owner shall lawfully operate in accordance with all state and local laws. Owner shall employ exemplary operating procedures to comply with state and local laws. Owner’s facility shall employ safety and security measures for the safety and security of its employees, visitors, vendors, and neighboring communities and properties.
Owner shall fully comply with the minimum Operating Standards regulating the proposed Commercial Cannabis Activity as set forth in Chapter 15, Article 7, Sections 15- 85 thorugh15-105 of the Porterville Municipal Code, and those required by the City Development Code.
• Security Plan. Owner shall secure approval of its proposed security plan by the City prior to operating, and has attached its draft plan as Exhibit C. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and/or security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system. Equipment and systems used for video surveillance and building alarms shall be approved by City. See Porterville Municipal Code Section 15-87, subsections (N) and (O), for minimum security requirements.
Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, and sold in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the City of Porterville Police Department upon request.
The security system shall also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors.
Owner shall employ or contract with properly trained and licensed security personnel to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel during all hours of business operations. Security personnel may be armed so long as proper licensing and 8 insurance requirements are followed and met.
Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. The (nonlimited access) reception area shall be completely separated and secured from the dispensary operations, and shall be operated in conformity with all applicable laws and regulations, and by an employee at least 21 years of age, with concurrent monitoring by onsite security personnel.
• Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Porterville Fire Department has approved Owner’s site plan, floor plan, safety plan, and any other plans that require itsapproval.
• Possession of Firearms. Except for licensed and bonded security personnel, no person employed or contracted by Owner shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Porterville Police Department, ten (10) days before bringing the firearm onto the premises, with thefollowing:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess suchfirearm;
2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Porterville Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of afirearm.
• Identification Display. Each owner, manager, employee, and individual member engaged in the operation of the business shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued byOwner.
• Employee Background Checks and Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive the required background clearance pursuant to Section 15-89 of the Porterville Municipal Code shall 9 be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation as required by the City, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the issuance of a Commercial Cannabis Permit(s) or license(s) toOwner.
Owner shall take all necessary and reasonable steps to prevent the sale or distribution of any of its cannabis products to minors; prevent revenue from the sale or distribution of its cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the sale of cannabis; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
• Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the cannabis products. The inventory control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.
Owner shall employ an electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements.
• Record Keeping. Owner shall maintain records for all commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Section 15-87(O) of the Porterville Municipal Code, including complete and up-to-date records regarding the amount of commercial cannabis delivered and sold, and applicable State law.
• Commercial cannabis sales shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.
Owner shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room 10 shall be constructed of fire-rate walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Owner’s facility. Owner will not conduct outdoor operations except as related to lawful delivery and transportation of commercial cannabis and infused products. Owner will not store commercial cannabis or related products in its delivery vehicle(s) outside normal operating hours of the facility.
Any excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with state and county health and safety codes and regulations.
• Description of Banking Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Owner shall implement other industry standard banking and/or other industry standard transactional mechanisms.
• Transportation and Delivery Plan. Owner shall comply with all state and local law regarding transportation and delivery, including the rules governing delivery service.
Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation and/or delivery of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up todate.
Owner will keep complete and up-to-date records documenting each delivery, including the amount/product(s) provided, the date and time provided, the name of the employee making the delivery, the name and address of the individual corporation to whom delivery is made, and the amount of the related sale/ monetary transaction.
8. Community Relations, Employment, andWages
• Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and any other Owners of commercial cannabis dispensaries located within City of Porterville in the establishment and implementation of appropriate public outreach and education programs. The public outreach and education programs shall be approved byCity.
• Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of commercial cannabis facilities located within the City of Porterville in the City Council’s establishment and implementation, and the Owners’ funding of a community benefits program which could include (but is not limited to) such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic 11 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, and support of local public service, public safety, and special social and community organizations. This community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by theCity.
Owner agrees, as a business expense, to pay the City the yearly sum of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater, from the commercial operation on the Premises. Unless otherwise agreed to in writing by the parties the above amount shall be paid over the course of the calendar year on a quarterly basis, with payments due within 30 days of the end of each quarter. The first payment shall be due at within 30 days of the end of the first quarter for which the commercial operation at the Premises was operational and prorated to account for when during the quarter the opening occurred.
• Designation of Community Relations Liaison. At the time of this Agreement, Owner’s day-to-day operations managers, a Community Relations Liaison will be designated in writing, and _______________ will be responsible for community inquiries and complaints and on-site management during normal business hours. The Owner shall provide prior written notice to the City of all subsequent designated operations managers and Community Relations Liaisons.
• Interface with City of Porterville Police / Inspections. Owner’s day-to- day operations manager, and/or the Owner’s Community Relations Liaison will interface with the Porterville Police Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Porterville Police Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See Porterville Municipal Code Section 15-87, 15-96. • Local Recruitment, Hiring, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources, including the Employment Connection, to identify qualified individuals who are City (or City area) residents, 2) Advertise for qualified City residents in trade papers and newspapers of general 12 circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. The Owner commits to a local annual hiring goal of 50% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 3-mile radius of the boundaries of the City’s boundaries. The Owner shall contact and work with a job referral agency (e.g. the Employment Connection) assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs within the City’s jurisdiction, and 3-mile radius of City boundaries. Applicants for jobs shall not be disqualified from hiring solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report.
9. Public Art Feature/Element. Owner agrees to provide a historical/artistic feature as a component of its project, located at or near the Property (for example, the completion of a mural located on the second story of the building along Putnam Avenue). The artistic feature will be subject to the review of the City Cannabis Ad Hoc Committee and City of Porterville Arts Commission, and the approval of the City Council, prior to the commencement of work on the feature. Work on the feature must be commenced within two years of the opening of the business.
10. Indemnification Agreement by each CannabisPermittee Pursuant to Porterville Municipal Code Section 15-87(T), to the fullest extent permitted by local, state and/or federal law, the City of Porterville shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or executed a Development Agreement pursuant the Municipal Code, or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit and to the execution and approval of a Development Agreement, the Owner shall be required to meet all the conditions enumerated in Porterville Municipal Code Sections 15-85 through 15-105, before this Agreement may be executed, and before they can receive the Commercial Cannabis Permit. The City Manager shall require the Owner and Property Owner/each Commercial Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee, and/or arising out of Owner’s or Property Owner’s obligations under this Agreement. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit E, and incorporated herein by this reference, is true and correct copy of a fully executed 13 Indemnification Agreement.
11. Fees, Costs, and Taxes
• Permit Fees. Owner agrees to pay all permit fees and charges authorized and referenced in the Municipal Code, all amounts adopted by City Council and as required by applicable laws and regulations, and any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made or renewed.
• Cannabis Business Tax. Owner shall comply with all provisions of Ordinance No. 1875, and Porterville Municipal Code Chapter 22, Article VI, which requires every person engaged in a Commercial Cannabis Business in the City to pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council, but no more than 10% of annual gross receipts. Resolution No. 99-2020, adopted by the City Council on December 15, 2020, has currently set the rate at 7% of annual gross receipts per fiscal year.
Copies of Tax Filings. Owner shall additionally provide the City with courtesy copies of each and every report Owner is required to provide to the County of Tulare or the State of California for sales, use, or other tax purposes at the time such filings aremade.
12. Insurance
• Insurance. Owner shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, “Owner” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City. • General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) each occurrence. Such insurance shallalso:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additionalinsured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, andrepresentatives. 3) Contain standard separation of insuredprovisions.
14 • Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and nonowned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additionalinsureds;
2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, andrepresentatives; 3) Contain standard separation of insuredprovisions.
• Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall bemaintained.
• Other Insurance Requirements. Owner shall do all of thefollowing:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice toCity.
2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein. 15 3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.
13. Termination
• Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term, unless it is terminated earlier pursuant to the terms of this Agreement. This Agreement shall also terminate in the event that Owner fails to commence operations as specified in Section 2 above. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement. • Termination for Default. This Agreement may be terminated upon the Owner’s default, in accordance with Section 16 below.
• Effect of Termination on Owner’s Obligations. Termination of this Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project.
Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
• Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring beforetermination.
• Survival After Termination. The rights and obligations of the Parties set forth in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination. 16 14. Resources Efficiency
Owner shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.
15. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shall comply with all state and local building and construction laws, regulations, and guidelines. The Project shall comply with the applicable parking standards established by the City for these particular cannabis activities.
16. Defaults and Remedies
• Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default and constitute grounds to terminate the Agreement and/or pursue available legal remedies. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings.
Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.
After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may terminate this Agreement and/or institute legal proceedings pursuant to this Agreement.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement including but not limited to the termination of this Agreement, except that City shall not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim anydamages:
17 1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees.
Nothing herein shall modify or abridge any defenses or immunities available to City and its employees pursuant to the Government Liability Act and all other applicable statutes and decisional law.
Except as set forth in the preceding paragraph relating to eminent domain, Owner’s remedies shall be limited to those set forth in this Section.
Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property. • Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non- monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the followingreasons:
1) Except as provided in this Agreement, money damages are unavailable against City.
2) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof.
Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing 18 the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
• Release. Except for those remedies set forth in this Agreement, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.
Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Section shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. • Termination of Agreement for Default of City. Owner may terminate this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Porterville, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
19 • Attorneys’ Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action orproceeding.
• Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by City. If City terminates this Agreement because of Owner’s default, then City shall retain any and all benefits, including money or land received by Cityhereunder.
17. Third Party Litigation
• General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City’s determination.
City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City’s actions in adopting it were invalid, inadequate, or not in compliance with the law. • Hold Harmless Agreement. To the fullest extent permitted by law, Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner’s contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner’s contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or 20 in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaidoperations.
• Indemnification. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding.
Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of suchcounsel. This Indemnification is provided in addition to that set forth in Section 10. • Environmental Contamination. To the fullest extent permitted by law, Owner shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. This Indemnification is provided in addition to that set forth in Section 10.
The provisions of this Section do not apply to environmental conditions that predate Owner’s ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner’s 21 statutory or equitable obligations as an owner or seller of the Property. • City to Approve Counsel. With respect to this Section, City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld. • Accept Reasonable Good Faith Settlement. With respect to this Section, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section does not apply to any settlement that requires an exercise of City’s police powers, limits City’s exercise of its police powers, or affects the conduct of City’s municipaloperations. • Survival. The provisions of this Section inclusive, shall survive the termination or expiration of theAgreement.
18. California Environmental QualityAct
Owner shall pay all fees and reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Owner shall conduct and pay for any required CEQA reviews and analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 (Existing Facilities) and 15303 (New Construction or Conversions of Structures). This exemption applies to projects characterized as conversion of an existing structure from one use to another in conjunction with minor changes to the facility, including construction of drive thru facility meeting the conditions described in Section 15303.
19. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor does this Agreement prevent City from denying or 22 conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.
20. Commercial Cannabis Permit Conditions ofApproval
Owner shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit.
21. Periodic Reviews
This Agreement shall be subject to annual review. Owner shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shall increase Owner’s liability nor reduce Owner’s rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
• Periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner’s good faith compliance with this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Community Development Department. The Department may schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Owner has no obligation to compel such hearing, and no implication will be made to Owner’s detriment if a hearing is not in fact held. Owner shall document any request for an extension of the term due to delays beyond the control of Owner (see Section 25, “Force Majeure”).
• Conditional Use Permit. For all intents and purposes, the Commercial Cannabis Permit to be issued under this Agreement shall be treated as if it were a Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement.
• Special Review. City Council may order a special review of compliance with this Agreement at any time. The Community Development Director or his or her designee shall conduct such special review. During a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be onOwner.
• Review Hearing. At the time and place set for the review hearing, Owner shall be 23 given an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section1094.5.
• Certificate of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.
City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Owner.
• Failure to Conduct Review. City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of thisAgreement.
22. Assignment
Assignment by Owner. Owner shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement, unless and except for as specifically authorized in this Section. Any assignment, delegation, or subletting inconsistent with the terms and conditions of this Agreement shall be null and void.
Limited Assignment Authorization. During the term of this Agreement or the legal extension of this Agreement as authorized in Section 2 above, and solely in the event of Darin Garrett’s death, or his complete and permanent physical or mental incapacity, this Agreement and its interests, rights, duties and obligations shall be solely assignable to ________________ Garrett, provided that ________________ Garrett holds an authorized position with Cannabis Express, Inc., and is eligible under, and has complied with (and continues to comply with) all applicable laws, regulations and license transfer requirements related to the operation of the business.
23. Operating Commercial Cannabis Facility
Any party to this Agreement, shall not operate a commercial cannabis facility authorized under the municipal code unless it is the holder of a valid applicable State Cannabis License and a Commercial Cannabis Permit issued by City in accordance with the procedures and requirements of Chapter 15, Article VII of the Porterville Municipal Code. 24 24. Notice
Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Porterville
291 North Main St.
Porterville, CA 93257
Attention: City Manager
and City Attorney, Porterville
McCormick, Kabot & Lew
4010 S. Demaree Street
Visalia, CA 93277
If to Owner: Cannabis Express, Inc.
c/o Darin A. Garrett, CEO
200 Main Street
Porterville, CA 93257
25. Miscellaneous Provisions
• Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest.
• Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
25 • Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement. However, this Agreement is subject to the City's "Reserved Powers." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Marijuana Laws or California Uniform Codes, as adopted by the City of Porterville, and/or the Porterville Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of thisAgreement).
If any City ordinance, rule or regulation or addition to the Porterville Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Commercial Cannabis Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner in this Agreement, then such changes, additions or deletions to the Porterville Municipal Code shall not be applied to the Site or Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federallaw.
Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the City’s development standards and design guidelines.
• Joint and Several Liability. Cannabis Express Inc. shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement of failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
• Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it 26 conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force andeffect.
• Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
• Jurisdiction. The law governing this Agreement shall be that of the State of California. The parties agree that this Agreement is entered into and to be performed in Tulare County, California.
• Disclaimer. Despite California’s commercial cannabis laws and the terms and conditions of this Agreement, or any Commercial Cannabis Permit issued pertaining to Owner or the property specified herein, California commercial cannabis possessors or business operators may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
• Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section.
Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of theProject. • Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.
• Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Tulare County Recorder within the period required by Government Code Section 65868.5.
27 • Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property. • Changes to Project. The parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of theProperty.
• Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and
(i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement;and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and 28 attempt to modify this Agreement to bring it into compliance with any such federal or state law orregulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with Californialaw.
(iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all applicable fees in connection with securing of such permits, licenses or other authorizations.
Effective Date. “Effective Date” means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not
thereafter becomeeffective.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CITY OF PORTERVILLE OWNER
CANNABIS EXPRESS, Inc.
Greg Meister Name: Darin A. Garrett
Mayor Title: Chief Executive Officer
APPROVED AS TO FORM:
City Attorney
29 APPROVED AS TO FORM:
_______________________________
Attorney for Owner
APPROVED AS TO FORM:
_______________________________
Attorney for Property Owner
Item No. 18.
CITY COUNCIL AGENDA – DECEMBER 16, 2025
SUBJECT: Consideration of Updated Library Design and Recommended Project Budget SOURCE: Engineering and Project Management
COMMENT: The City’s efforts to develop a new Porterville Public Library began several years ago and have involved multiple planning phases, community discussions, and funding pursuits. In 2017, the need for a new, modernized library was formally identified, initiating long-term planning to replace the aging facility and expand services for the community.
On October 10, 2017, the City Council and Library Commission held a joint meeting to discuss the shared interest in developing a new library. At that meeting, the City Council directed staff to include the project in the City’s Capital Improvement Program. In the following budget cycles, the City programmed preliminary placeholder amounts for the project, including $500,000 for property acquisition in Fiscal Year 2021–2022, $2,000,000 for design and environmental work in Fiscal Year 2022–2023, and $18,000,000 for construction in Fiscal Year 2023–2024. These figures were conceptual, and the project remained unfunded, but the programmed amounts positioned the City to compete for external funding opportunities.
In February 2020, the original library building was lost in a tragic fire. After the fire, the City received approximately $8.5 million in insurance proceeds. A significant portion of these funds has been used to operate the temporary library, including lease costs, utilities, furniture, equipment, books, materials, and the design of the new library. A portion of the proceeds was also used to remediate smoke damage at Fire Station 71 and City Hall. As of November 30, 2025, the City has a remaining balance of approximately $3.26 million. Staff and the City Council continue working toward finalizing the remaining settlement, and staff is hopeful a final resolution may be reached in the coming months. The final settlement amount, inclusive of what has already been received, is still unknown.
In 2022, the City submitted a competitive grant application through the California State Library’s Building Forward Library Infrastructure Program. The maximum allowable request at the time was $10 million. In September 2022, the City was awarded $7.26 million. In 2023, staff submitted a second Item No. 18.
application to the same program, but no additional funds were awarded.
During the same period, the City received $19.98 million in American Rescue Plan Act (ARPA) funding. While the City discussed the possibility of using a portion of ARPA funds for the library project, the initial constraints of the funding source and ultimate deadline for their utilization necessitated the appropriation of these funds to other qualifying urgent community needs. The City ultimately allocated $1,799,226 for vaccination incentives, $2,303,540 to support and retain employees, $4,850,000 for the construction of the new Animal Shelter, $4,266,673 for the new Overland Park and Recreation Center, and $2,805,994 for the expansion of the Navigation Center. These allocations reflected critical needs during the pandemic recovery period.
On August 15, 2023, the City Council awarded a design contract to Paul Halajian Architects (PHA). Over the next year, PHA worked with staff and the Library Facility Planning Committee to develop preliminary design concepts. At its meeting on September 3, 2024, the City Council reviewed multiple scoping options and selected Option 2, which proposed a 24,600 square-foot library at a total project budget of $30 million. The Council directed staff and PHA to proceed with refining this reduced design.
On February 18, 2025, the City Council directed staff to re-evaluate the design approach because the $30 million project exceeded the funding currently available. PHA provided updated schematic plans and also shared comparative cost information from a similar project in Fairmead, California. Based on this analysis, PHA recommended a construction budget of approximately $20 million for a 16,765 square-foot library. When including construction management and inspection services (approximately 10 percent), the overall recommended project budget is $22 million.
Since July 2025, the City Council and staff have also evaluated alternative library locations and scaled-down options to align with available funding.
These discussions were conducted in good faith to ensure cost-effective solutions were considered. Ultimately, the City Council concluded that these alternatives did not meet the community’s long-term needs or the City’s vision for a modern public library. As a result, Council reaffirmed its commitment to constructing a new library at the originally identified site.
While this report provides a comprehensive history of the City’s efforts to secure funding and define a feasible project scope, it is equally important to highlight the design elements that remain central to the project. The updated schematic design prepared by PHA includes space for children’s services, teen areas, adult collections, and staff work areas, with a layout structured to maintain adjacency, visibility, and functionality. The design also reflects updated structural, utility, and site planning considerations that align with the reduced square footage. The new layout ensures that the most essential Item No. 18.
programmatic elements can be delivered while maintaining flexibility for future expansion as additional funding becomes available.
PHA has confirmed that continuing with the updated schematic design is the most efficient and cost-effective path forward. The recommended $22 million project budget allows the City to construct a practical, modern, and appropriately sized facility without requiring a complete redesign. Advancing the project now will also maintain momentum, reduce future cost escalation, and allow coordinated planning across multiple fiscal years.
If the City Council desires to pursue a larger library or expand the project scope beyond the recommended $22 million budget, the City has viable financing options available. The City maintains a strong General Fund credit rating, which positions it well to secure long-term financing at competitive interest rates. It is important to note that pursuing such options will delay design, extend the project timeline, potentially jeopardize the $7.2 million grant, and put additional pressure on the General Fund.
RECOMMENDATION: That the City Council:
1. Establish a project budget of $22 million;
2. Approve a library design that falls within the newly established budget (approximately 16,700 square feet); and
3. Direct staff to proceed with project development based on the approved budget and concept;
or
4. Direct staff to explore financing options and return with information at a future meeting.
ATTACHMENTS: 1. Schematic Plans
2. Previously Presented Library Options
3. Potential Area Reduction Strategy
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
SHEET INDEX
VICINITY MAP
OLIVE AVE
S. PLANO ST
PROJECT SITE
PORTERVILLE PUBLIC LIBRARY
DESCRIPTION OF WORK
PROJECT CONSISTS OF NEW CONSTRUCTION OF A 1-STORY PUBLIC LIBRARY, WITH ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS.
BUILDING WILL BE CONSTRUCTED OF STEEL MOMENT AND BRACE FRAMES,
DOWEL LAMINATED TIMBER ROOF DECKS AT GABLED AREAS, ENGINEERED
WOOD ROOF FRAMING AT FLAT ROOF AREAS, ALL ON TOP OF A CONCRETE SLAB ON GRADE.
ON-SITE DEVELOPMENT SHALL INCLUDE PARKING (INCLUDING ELECTRICAL
VEHICLE CHARGING STALLS), LANDSCAPING, WALKING LOOP (WITH HISTORY
WALK, EXERCISE AREAS, AND LIBRARY MEMORIAL), AND SOLAR PV SHADE
STRUCTURE, AS WELL AS PROVISIONS FOR A FUTURE AMPHITHEATER TO BE LOCATED AT SOUTHWEST CORNER OF THE SITE.
OFF-SITE DEVELOPMENT SHALL INCLUDE NEW DRIVE APPROACHES AND THE DEVELOPMENT OF A BUS STOP PER CITY STANDARDS.
GENERAL
G000 COVER SHEET
G001 CODE ANALYSIS AND DIAGRAMS
G100 GENERAL NOTES
G200 CALGREEN - NON-RESIDENTIAL
G201 CALGREEN - NON-RESIDENTIAL CONTINUED
G202 CALGREEN - NON-RESIDENTIAL CONTINUED
G210 RENDERS
CIVIL
C100 TOPOGRAPHIC SURVEY LEGEND AND NOTES
C101 TOPOGRAPHIC SURVEY
C201 GRADING PLAN
C301 UTILITY PLAN
ARCHITECTURAL
A000 ARCHITECTURAL COVER SHEET
A101 SITE PLAN
NEW CONSTRUCTION FOR:
CITY OF PORTERVILLE
255 EAST OLIVE AVENUE
PORTERVILLE, CA 93274
A110 ENLARGED SITE PLANS
A120 DETAILS - SITE
A201 FLOOR PLAN DIMENSION & WALL TYPES
A202 FLOOR PLAN ANNOTATED
A210 ENLARGED PLANS
A220 FLOOR PLAN INTERIOR
A301 EXTERIOR ELEVATIONS
A302 EXTERIOR ELEVATIONS
A401 BUILDING SECTIONS
A402 BUILDING SECTIONS
A410 WALL SECTIONS
A501 ROOF PLAN
A601 REFLECTED CEILING PLAN
A602 REFLECTED CEILING PLAN
A701 FINISH SCHEDULE
A710 DOOR SCHEDULE
A720 WINDOW SCHEDULE
A721 WINDOW SCHEDULE CONTINUED
A801 INTERIOR ELEVATIONS
A802 INTERIOR ELEVATIONS
A803 INTERIOR ELEVATIONS
A804 INTERIOR ELEVATIONS
A805 INTERIOR ELEVATIONS
STRUCTURAL
S000 GENERAL NOTES
S001 TYPICAL DETAILS
S002 TYPICAL DETAILS
S003 TYPICAL DETAILS
S100 FOUNDATION PLAN
S300 ROOF FRAMING PLAN
S301 MECHANICAL DIAPHRAGM FRAIMING PLAN
S400 ELEVATIONS
S401 ELEVATIONS
S500 SECTIONS
S501 SECTIONS
S600 FRAMING DETAILS
PLUMBING
P101 PLUMBING SITE PLAN
P102 PLUMBING CALCULATIONS
P200 OVERALL PLUMBING PLAN
P201 ENLARGED PLUMBING PLAN - A
P202 ENLARGED PLUMBING PLAN - B
P203 ENLARGED PLUMBING PLAN - C
P204 ENLARGED PLUMBING PLAN - D
P205 ENLARGED PLUMBING PLAN - E
P300 PLUMBING ROOF PLAN
P701 PLUMBING SCHEDULES
P901 PLUMBING DETAILS
P902 PLUMBING DETAILS
P903 PLUMBING DETAILS
P904 PLUMBING DETAILS
MECHANICAL
M100 MECHANICAL SITE PLAN
M101 MECHANICAL SCHEDULES
M110 MECHANICAL DETAILS
M111 MECHANICAL DETAILS
M200 OVERALL MECHANICAL PLAN
M201 ENLARGED MECHANICAL PLAN - A
M202 ENLARGED MECHANICAL PLAN - B
M203 ENLARGED MECHANICAL PLAN - C
M204 ENLARGED MECHANICAL PLAN - D
M205 ENLARGED MECHANICAL PLAN - E
M300 MECHANICAL ROOF PLAN
M400 MECHANICAL T24
ELECTRICAL
E100 OVERALL POWER PLAN
E101 FLOOR BOX DIMENSIONS
E102 MECHANICAL ELECTRICAL PLAN
E103 ROOF ELECTRICAL PLAN
E200 EXTERIOR LIGHTING AND AUTOMATED DEMAND RESPONSE PLAN E201 LIGHTING PLAN
E202 LIGHTING CONTROLS PLAN
E300 FIRE ALARM INITIATION PLAN
E301 FIRE ALARM NOTIFICATION PLAN
E400 FIRE ALARM SYSTEM EQUIPMENT SPECIFICATIONS, CODES AND NOTES
E401 FIRE ALARM SYSTEM RISER DIAGRAM AND CALCULATIONS
E402 FIRE ALARM DETAILS
E500 ONE LINE DIAGRAM
E501 DETAILS
E502 DETAILS
E503 DETAILS
E600 PANEL SCHEDULES
EG100 ELECTRICAL CODES, NOTES, SYMBOLS AND FIXTURE SCHEDULE EG101 INDOOR LIGHTING COMPLIANCE
EG103 POWER COMPLIANCE
EG104 SOLAR AND BATTERY COMPLIANCE
ES100 OVERALL SITE ELECTRICAL PLAN
ES101 PARTIAL ENLARGED SITE ELECTRICAL PLAN
PROJECT DIRECTORY
GOVERNING CODES
2022 CALIFORNIA ADMINISTRATIVE CODE (PART 1 OF TITLE 24, CCR) 2022 CALIFORNIA BUILDING CODE (PART 2 OF TITLE 24, CCR) 2022 CALIFORNIA ELECTRICAL CODE (PART 3 OF TITLE 24, CCR) 2022 CALIFORNIA MECHANICAL CODE (PART 4 OF TITLE 24, CCR) 2022 CALIFORNIA PLUMBING CODE (PART 5 OF TITLE 24, CCR) 2022 CALIFORNIA ENERGY CODE (PART 6 OF TITLE 24, CCR)
2022 CALIFORNIA FIRE CODE (PART 9 OF TITLE 24, CCR)
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) 2022 CALIFORNIA REFERENCED STANDARDS CODE (PART 12 OF TITLE 24, CCR) CALIFORNIA CODE OF REGULATIONS, TITLE 19, PUBLIC SAFETY
CALIFORNIA OCCUPATIONAL HEALTH & SAFETY ACT
CALIFORNIA ENVIRONMENTAL QUALITY ACT, LATEST EDITION
REQUIREMENTS OF THE REGIONAL WATER QUALITY BOARD
AIR QUALITY MANAGEMENT DISTRICT REGULATIONS
LOCAL PUBLIC AGENCY STANDARDS (UTILITY CONNECTIONS, FIRE PROTECTION SYSTEM, ETC.)
2022 NFPA 72 - NATIONAL FIRE ALARM CODE
2022 NFPA 13 - NATIONAL FIRE SPRINKLER CODE
ASHRAE INDOOR AIR QUALITY STANDARD 62-1989
SHEET NUMBER:
PROJECT NUMBER:
DRAWING SET INFORMATION:
PAUL HALAJIAN
REVISIONS:
ARCHITECTS
PAUL HALAJIAN ARCHITECTS EXPRESSLY RESERVES ITS COMMON
LAW COPYRIGHT AND OTHER PROPERTY RIGHTS SPECIFICALLY
RELATED TO THE CONTENTS OF THESE PLANS. THIS DOCUMENT
AND THE IDEAS AND DESIGNS INCORPORATED HEREIN, AS AN
INSTRUMENT OF PROFESSIONAL SERVICE RENDERED BY PAUL
HALAJIAN ARCHITECTS, IS NOT TO BE USED IN WHOLE OR IN PART
FOR ANY OTHER PROJECT WITHOUT PRIOR WRITTEN
AUTHORIZATION FROM PAUL HALAJIAN ARCHITECTS.
265 EAST RIVER PARK CIRCLE,
SUITE 420
FRESNO, CA 93720
559.297.7900
www.halajianarch.com
PRINT DATE:
PROJECT:SHEET:
NOT FOR
CONSTRUCTION
2/25/2025 11:29:46 AM
G000
2023-14
02.21.2025 100% SD SUBMITTAL PORTERVILLE PUBLIC LIBRARY CITY OF PORTERVILLE 255 EAST OLIVE AVENUE, PORTERVILLE, CA 93274
COVER SHEET
ARCHITECT'S STATEMENT
THE DRAWINGS &/OR SPECIFICATIONS &/OR CALCULATIONS FOR THE
DISCIPLINES LISTED HAVE BEEN PREPARED BY OTHER DESIGN
PROFESSIONALS OR CONSULTANTS WHO ARE LICENSED &/OR
AUTHORIZED TO PREPARE SUCH DRAWINGS IN THIS STATE. THESE
DOCUMENTS HAVE BEEN EXAMINED BY ME FOR DESIGN INTENT &
HAVE BEEN FOUND TO MEET THE APPROPRIATE REQUIREMENTS OF TITLE 24, CALIFORNIA CODE OF REGULATIONS & THE PROJECT
SPECIFICATIONS PREPARED BY ME.
THE FOLLOWING DISCIPLINES' WORK HAS BEEN COORDINATED WITH
MY PLANS & SPECIFICATIONS & IS ACCEPTABLE FOR INCORPORATION
INTO THE CONSTRUCTION OF THIS PROJECT FOR WHICH I AM THE
INDIVIDUAL DESIGNATED TO BE IN GENERAL RESPONSIBLE CHARGE, (OR FOR WHICH I HAVE BEEN DELEGATED RESPONSIBILITY FOR THIS PORTION OF WORK): CIVIL, LANDSCAPE, STRUCTURAL, MECHANICAL,
PLUMBING, ELECTRICAL
ARCHITECT'S SIGNATURE DATE
PAUL HALAJIAN
ARCHITECT/PRINCIPAL;
PAUL HALAJIAN ARCHITECTS
LICENSE #: C-020194
EXPIRATION:
DEFERRED APPROVALS
ALL PLANS LISTED BELOW SHALL BE REVIEWED AND APPROVED BY ARCHITECT PRIOR TO PERMITTING:
SUBMIT COMPLETE FIRE SPRINKLER PLANS (PER NFPA 13) TO THE AHJ FOR APPROVAL PRIOR TO ANY INSTALLATION OR MODIFICATION.
SUBMIT COMPLETE FIRE ALARM PLANS (PER NFPA 72) TO THE AHJ FOR APPROVAL PRIOR TO ANY INSTALLATION OR MODIFICATION.
SUBMIT COMPLETE SOLAR PLANS TO THE AHJ FOR APPROVAL PRIOR TO ANY INSTALLATION OR MODIFICATION.
SPECIAL INSPECTIONS
REFER TO STRUCTURAL COVER SHEET FOR A LIST OF SPECIAL INSPECTIONS REQUIRED.
REFER TO MECHANICAL, ELECTRICAL AND ENERGY COMPLIANCE SHEETS FOR A LIST OF TITLE 24 RELATED SPECIAL INSPECTIONS REQUIRED.
GEOTECHNICAL REPORT
ALL INFORMATION HERE IS TO COMPLY WITH DESIGN METHODS AS INDICATED
IN GEOTECHNICAL REPORT PROVIDED BY XXX, WITH PROJECT NUMBER XXX, DATED XXX.
PROJECT OVERVIEW
BUILDING AND SITE INFORMATION
ADDRESS: 255 EAST OLIVE AVENUE
PORTERVILLE, CA 93274
A.P.N.: 261-130-004
SITE AREA: 3.9 ACRES (24610 SF)
BUILDING AREA: 24,975 SF
OCCUPANCY: A-3 (PRIMARY)
B (STAFF AREAS)
CONSTRUCTION TYPE: TYPE V-B
TRUE
NORTH
ALTERNATES - SEE PLANS FOR ADDITIONAL INFO
ALT #01:
BASIS OF DESIGN - ROOF ASSEMBLY AT PORTIONS OF ROOF BETWEEN GRIDLINES 3-6 / E-O AND 1-2 / B-J SHALL BE AS INDICATED ON PLANS; SEE DETAIL 2 / A501 ALT #01A - ROOF ASSEMBLY AT ROOF AREAS INDICATED ABOVE SHALL INSTEAD BE AS INDICATED IN DETAIL 3 / A501
ALT #01B - ROOF ASSEMBLY AT ROOF AREAS INDICATED ABOVE SHALL INSTEAD BE AS INDICATED IN DETAIL 4 / A501
ALT #02:
BASIS OF DESIGN - (3) SHADE CANOPIES TO BE PROVIDED AS INDICATED ON PLANS. CONCRETE KNEE WALL TO BE PROVIDED WHERE INDICATED ON PLANS.
ALT #02 - OMIT SHADE CANOPIES IN THEIR ENTIRETY. OMIT CONCRETE KNEE WALL (METAL STUD WALL ASSEMBLY (3 / A201) TO CONTINUE TO GROUND) ALT #03:
BASIS OF DESIGN - CLERESTORY WINDOW STRUCTURES ABOVE ADULT STACKS /
MAIN LIBRARY SHALL BE AS INDICATED ON PLANS
ALT #03 - PROVIDE MULTIGANG SKYLIGHTS IN MAIN ROOF:
ASSUME UNITS OF 8' x 18', TYP. OF 6 TOTAL UNITS
ALT #04:
BASIS OF DESIGN - ASSUME ALL PORTIONS OF THE SITE ARE REQUIRED TO BE
DEVELOPED / LANDSCAPED
ALT #04 - OMIT 40,627 SF OF LANDSCAPING / IRRIGATION FROM SITE SCOPE (TO BE DEVELOPED AT A LATER DATE; SEE SITE PLAN)
SHEET NUMBER:
PROJECT NUMBER:
DRAWING SET INFORMATION:
PAUL HALAJIAN
REVISIONS:
ARCHITECTS
PAUL HALAJIAN ARCHITECTS EXPRESSLY RESERVES ITS COMMON
LAW COPYRIGHT AND OTHER PROPERTY RIGHTS SPECIFICALLY
RELATED TO THE CONTENTS OF THESE PLANS. THIS DOCUMENT
AND THE IDEAS AND DESIGNS INCORPORATED HEREIN, AS AN
INSTRUMENT OF PROFESSIONAL SERVICE RENDERED BY PAUL
HALAJIAN ARCHITECTS, IS NOT TO BE USED IN WHOLE OR IN PART
FOR ANY OTHER PROJECT WITHOUT PRIOR WRITTEN
AUTHORIZATION FROM PAUL HALAJIAN ARCHITECTS.
265 EAST RIVER PARK CIRCLE,
SUITE 420
FRESNO, CA 93720
559.297.7900
www.halajianarch.com
PRINT DATE:
PROJECT:SHEET:
NOT FOR CONSTRUCTION
2/25/2025 4:45:41 PM
G210
2023-14
02.21.2025 100% SD SUBMITTAL PORTERVILLE PUBLIC LIBRARY CITY OF PORTERVILLE 255 EAST OLIVE AVENUE, PORTERVILLE, CA 93274
RENDERS
ENTRY APPROACH
TRAIL APPROACH
ADULTS LIBRARY
CHILDREN'S LIBRARY 02
LARGE MEETING ROOM 01
CHILDREN'S LIBRARY ENTRY
CHILDREN'S LIBRARY 03
LARGE MEETING ROOM 02
CHILDREN'S LIBRARY 01
TEENSPACE
QUIET ROOM
SPORTS COMPLEX APPROACH
OLIVE APPROACH
COUNTY
OFFICE
ENTRANCE 8" 4" 4" 10"
15"
12" 5" 12"
20"
E. OLIVE AVE
SHEET NUMBER:
PROJECT NUMBER:
DRAWING SET INFORMATION:
PAUL HALAJIAN
REVISIONS:
ARCHITECTS
PAUL HALAJIAN ARCHITECTS expressly reserves its common law copyright and other property rights specifically related to the contents of these plans. This document and the ideas and designs incorporated herein, as an instrument of professional service rendered by PAUL HALAJIAN ARCHITECTS, is not to be used in whole or in part for any other project without prior written authorization from PAUL HALAJIAN ARCHITECTS. 265 East River Park Circle, Suite 420
Fresno, CA 93720
559.297.7900
www.halajianarch.com PROJECT: SHEET:
2023-14
02.21.2025 100% SD SUBMITTAL PORTERVILLE PUBLIC LIBRARY CITY OF PORTERVILLE 255 EAST OLIVE AVENUE, PORTERVILLE, CA 93274 23163
4910 E. Clinton Way, Suite 101
(559) 431-0101
Fresno, CA 93727
FAX (559) 431-1362
E N G I N E E R I N G G R O U P
FOR PLAN CHECK ONLY L C A CHAN I E M FO OF CAL I ETATS AI NR EGISTERED PROFESSIONAL ENGINEERRNo. M23588 Exp. 9-30-25 MICHAEL D. CANTELMI NOT FOR CONSTRUCTION
P101 PLUMBING SITE PLAN
PLUMBING LEGEND
SYMBOL ITEM ABBR
SOIL or WASTE
VENT
VENT RISER
DOMESTIC COLD WATER
DOMESTIC HOT WATER
CONDENSATE DRAIN
EXISTING PIPING
FLOOR CLEANOUT
CLEANOUT TO GRADE
WALL CLEANOUT
PIPING TURN UP
PIPING TURN DOWN
POINT OF CONNECTION
NEW
EXISTING
ABOVE CEILING
BELOW FLOOR
BELOW GRADE
TYPICAL
CONTINUATION
SHUT-OFF VALVE IN BOX
SHUT-OFF VALVE
CHECK VALVE
PLUG VALVE
VENT THRU ROOF
S or WV
VR
VTR
CW
HW
HWRG
CD
FCO
COTG
WCO
POC
ABV CLG
BEL FLR
BEL GR
TYP
CONT
SOV
SOV G
(N)
(E) C
FLOW LINE FL
GATE VALVE
BALL VALVE
BUTTERFLY VALVE
BALANCE COCK ------
REDUCER -
SHUT-OFF VALVE IN DROP - SHUT-OFF VALVE IN RISER -
(E)
THERMOMETER - PRESSURE GAUGE - BALANCING VALVE - UNION - RELIEF VALVE -
DOWN DN
GSM GSM
GAS SERVICE MAIN BY THE
LOCAL GAS UTILITY
LOW PRESSURE
NATURAL GAS
DOMESTIC HOT
WATER RETURN
ACCESS PANEL A.P.
SCALE: 1" = 30'-0"
PLUMBING SITE PLAN
FOR PLUMBING WORK TO BE
ACCOMPLISHED IN THIS AREA,
REFER TO SHEET P200.
GENERAL PLUMBING NOTES:
1. THE APPLICABLE CODES AND REGULATIONS FOR THIS PROJECT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
CALIFORNIA CODE OF REGULATIONS
TITLE 8, INDUSTRIAL RELATIONS
TITLE 19, PUBLIC SAFETY, STATE FIRE MARSHAL REGULATIONS TITLE 24, PART 1, ADMINISTRATIVE REGULATIONS
2022 CALIFORNIA BUILDING CODE, PART 2, TITLE 24 CCR
2022 CALIFORNIA ELECTRICAL CODE, PART 3, TITLE 24 CCR
2022 CALIFORNIA MECHANICAL CODE, PART 4, TITLE 24 CCR
2022 CALIFORNIA PLUMBING CODE, PART 5, TITLE 24 CCR
2022 CALIFORNIA FIRE CODE, PART 9, TITLE 24 CCR
NFPA 101 2021 EDITION
OSHA - OCCUPATIONAL SAFETY AND HEALTH ACT
2. LAYOUT OF MATERIALS, EQUIPMENT AND SYSTEMS IS GENERALLY DIAGRAMMATIC UNLESS SPECIFICALLY DIMENSIONED. SOME WORK MAY BE SHOWN OFFSET FOR CLARITY. THE PLUMBING BUILDING PLANS HAVE BEEN PREPARED TO MATCH THE ARCHITECTURAL PLANS. IF DIFFERENCES OCCUR, THE ARCHITECTURAL PLANS ARE TO TAKE PRECEDENCE. THE ACTUAL
LOCATIONS OF ALL MATERIALS, PIPING, DUCTWORK, FIXTURES, EQUIPMENT, SUPPORTS, ETC. SHALL BE CAREFULLY PLANNED, PRIOR TO INSTALLATION
OF ANY WORK, TO AVOID ALL INTERFERENCE WITH EACH OTHER, OR WITH STRUCTURAL, ELECTRICAL, ARCHITECTURAL, OR OTHER ELEMENTS. ALL
PIPE OFFSET ELBOWS FOR COORDINATION BETWEEN TRADES ARE NOT SHOWN. CONTRACTOR SHALL INCLUDE SUFFICIENT FUNDS FOR THE COORDINATION OFFSETS IN THE BID. VERIFY THE PROPER VOLTAGE AND PHASE OF ALL EQUIPMENT WITH THE ELECTRICAL PLANS. ALL CONFLICTS
SHALL BE CALLED TO THE ATTENTION OF THE ARCHITECT AND THE
ENGINEER PRIOR TO INSTALLATION OF ANY WORK OR THE ORDERING OF ANY EQUIPMENT.
3. PENETRATIONS OF PIPES, CONDUITS, ETC. IN WALLS OR FLOORS REQUIRING PROTECTED OPENINGS SHALL BE FIRE STOPPED. SEE DETAIL _______.
4. ALL PIPING AND CONDUIT REQUIRING SEISMIC BRACE AND SUPPORT SHALL BE SUPPORTED PER MASON WEST, INC. "SEISMIC RESTRAINT COMPONENTS FOR SUSPENDED DISTRIBUTION SYSTEMS", 2022 EDITION, HCAI (OSHPD) PRE-APPROVED ANCHORAGE OPM-0043-13, OR OTHER HCAI (OSHPD) PRE-APPROVED SYSTEM.
5. WHEN INSTALLING DRILLED-IN ANCHORS AND/OR POWDER-DRIVEN PINS IN
EXISTING NON-PRESTRESSED CONCRETE, USE CARE AND CAUTION TO AVOID CUTTING OR DAMAGING THE EXISTING REINFORCING BARS. WHEN
INSTALLING THEM INTO EXISTING PRE-STRESSED CONCRETE (PRE- OR
POST-TENSIONED), LOCATE THE PRESTRESSED TENDONS BY USING A NON-DESTRUCTIVE METHOD PRIOR TO INSTALLATION. MAINTAIN A MINIMUM
CLEARANCE OF ONE INCH BETWEEN THE REINFORCEMENT AND THE DRILLED-IN ANCHOR AND/OR PIN.
6. FIELD VERIFY THE EXACT LOCATION, DEPTH AND SIZE OF ALL NEW POINTS
OF CONNECTION TO EXISTING UTILITIES PRIOR TO COMMENCING NEW UTILITY WORK.
7. INSTALLATION OF NEW UTILITIES FROM EXISTING MAINS IN THE STREET
SHALL BE DONE IN STRICT ACCORDANCE WITH GOVERNING AUTHORITY REQUIREMENTS.
8. INSTALLATION, TYPE AND MANUFACTURERS MODELS OF DOMESTIC WATER
METERS, BACKFLOW PREVENTERS, FIRE HYDRANTS, DETECTOR CHECK
VALVES, MANHOLES, DRAIN INLETS/OUTLETS AND OTHER APPURTENANCES
OF SITE UTILITY SYSTEMS SHALL BE DONE IN STRICT ACCORDANCE WITH GOVERNING AUTHORITY REQUIREMENTS.
9. BACKFLOW PREVENTER SHALL BE INSTALLED AT THE MINIMUM HEIGHT ABOVE FINISH GRADE AS ALLOWED BY GOVERNING AUTHORITY.
10. ALL DOMESTIC WATER PIPING SHALL BE A MINIMUM OF 1/2" SIZE UNLESS NOTED OTHERWISE. USE A REDUCING DROP ELL AT FIXTURE CONNECTION WHEN APPLICABLE.
11. WASTE LINES EXCEEDING 5 FEET FROM THE MAIN SHALL BE PROVIDED CLEANOUTS. (CPC 707.4).
IMPORTANT:
THE DEPICTED LAYOUT OF EXISTING UNDERGROUND
UTILITIES AND IMPROVEMENTS ARE APPROXIMATE AND
DERIVED FROM AVAILABLE RECORD DATA ACCESSIBLE AT
THE TIME OF DESIGN OF THESE DRAWINGS. THE ACCURACY
OR COMPREHENSIVENESS OF THESE DEPICTIONS IS NOT
GUARANTEED, AS FIELD VERIFICATION OF THE LOCATIONS
MAY NOT HAVE BEEN CONDUCTED.
CONTRACTORS PERFORMING ANY SITEWORK SHALL CALL
'811' AT LEAST TWO WORKING DAYS IN ADVANCE OF
CONSTRUCTION TO FIELD LOCATE UTILITIES.
THE CONTRACTOR IS ACCOUNTABLE FOR IDENTIFYING THE
PRESENCE AND POSITIONING OF UTILITIES ILLUSTRATED ON
THESE PLANS OR INDICATED IN THE FIELD THROUGH
LOCATION SERVICES. ANY EXPENSE OVERAGES RESULTING
FROM THE CONTRACTOR'S OVERSIGHT IN CONFIRMING THE
LOCATIONS OF EXISTING UTILITIES BEFORE COMMENCING
CONSTRUCTION NEARBY SHALL BE THE CONTRACTOR'S
RESPONSIBILITY.
CALL 811 BEFORE YOU DIG.
https://www.usanorth811.org/
SHEET INDEX:
P101 - PLUMBING SITE PLAN
P102 - PLUMBING CALCULATIONS
P200 - OVERALL PLUMBING PLAN
P201 - ENLARGED PLUMBING PLAN - A
P202 - ENLARGED PLUMBING PLAN - B
P203 - ENLARGED PLUMBING PLAN - C
P204 - ENLARGED PLUMBING PLAN - D
P205 - ENLARGED PLUMBING PLAN - E
P300 - PLUMBING ROOF PLAN
P701 - PLUMBING SCHEDULES
P901 - PLUMBING DETAILS
P902 - PLUMBING DETAILS
P903 - PLUMBING DETAILS
P904 - PLUMBING DETAILS
FINISH FLOOR ELEV.: _____'
3"CW
4"S. I.E. = 4.0'± BFF
2"S. I.E. = 2.5'± BFF
4"S TWO-WAY COTG
PER DETAIL _____.
S.O.V. IN BOX PER
DETAIL ____.
Options previously presented to the City Council on September 3, 2024:
Option 1:
Construct full build-out.
Size: 40,000sf Cost: $40,915,500
Option 2:
Reduction of area across the entire program, such that most (if not all) programmatic areas can be constructed initially within the $30 million budget without requiring future construction or tenant improvements. The design and site layout would provide the potential for future expansion at a later stage. Includes all areas of the program with a 30% reduction of everything.
Size: 24,600sf Cost: $30,000,000
Option 3:
Reduction of programmatic area with the potential for future phases. The initial phase would include an approximately 24,000sf building consisting of the core spaces and those programmatic areas identified in the public survey as middle to high priority. Build-out of core spaces with the ability to add future phases to include remaining spaces.
Size: 24,000sf Cost: $30,000,000
Option 4:
Reduction of programmatic area by constructing the entire shell of the full proposed library program, and then only completing the portion of the interior spaces afforded by the remaining budget. The remaining square footage (unfinished interior) would be completed during future phases (6,900sf finished interior, 33,100sf unfinished interior).
Size: 40,000sf shell Cost: $30,000,000
Option 5:
Reduction of area across the entire program to meet a $20,000,000 budget, with site development reduced proportionally. The proposed budget would allow for a 16,100sf library with full programming.
Size: 16,100sf Cost: $20,000,000
Option 6:
Construction of a 30,000sf library with site development to meet a $30,000,000 budget. The proposed budget would allow for a 30,000sf shell building only; no interior build-out would be possible.
Size: 30,000sf shell Cost: $33,300,000
Option 7:
Construction of 30,000sf library with full interior build-out and proportional reduction of site improvements.
Size: 30,000sf Cost: $37,300,000
GENERAL NOTES
A.
B.
C.
D.
E.
F.
G.
ITEMS SHOWN BUT NOT NOTED ARE TO BE CONSIDERED EXISTING TO REMAIN, TYP., U.N.O.
ALL PROPOSED EXTERIOR LIGHTING SHALL BE SHIELDED TO REDUCE OR
ELIMINATE LIGHT POLLUTION IN COMPLIANCE WITH APPLICABLE CODES UTILITIES NOT SHOWN HERE FOR CLARITY. SEE CIVIL AND ELECTRICAL
DRAWINGS FOR MORE INFORMATION
SEE ENLARGED SITE PLANS ON A110 FOR DIMENSIONS AND MORE
INFORMATION
SEE SEPARATE LIGHTING CONCEPT PACKAGE FOR ALL SITE LIGHTING.
SEE SEPARATE LANDSCAPE CONCEPT PACKAGE FOR ALL LANDSCAPE DESIGN.
SEE COVER SHEET G000 FOR ADDITIONAL INFO
KEYNOTES SITE PLAN LEGEND
TREE - SEE LANDSCAPE
PACKAGE
CONCRETE WALK AND PAVING, SEE CIVIL.
SEE LANDSCAPE PACKAGE FOR
DECORATIVE CONCRETE PAVEMENT.
ASPHALT PAVING, TYP.
SEE CIVIL
ALTERNATE #04:
APPROX. 40,627 SF OF LANDSCAPE
IMPROVEMENTS, SEE LANDSCAPE PACKAGE
PROPOSED BUILDING
ACCESSIBLE ROUTE, MIN. 4' WIDTH, 2%
CROSS SLOPE MAX, AND 1:20 SLOPE IN
DIRECTION OF TRAVEL
PROPERTY LINE
LANDSCAPE IMPROVEMENTS,
SEE LANDSCAPE PACKAGE.
EV CAPABLE - PROVIDE INFRASTRUCTURE AND CONDUIT
ONLY FOR FUTURE EV CHARGING, SEE ELECTRICAL
EVSE INSTALLED - PROVIDE LEVEL 2 EV CHARGER AND ALL
NECESSARY INFRASTRUCTURE AS A PART OF THIS SCOPE OF
WORK, SEE ELECTRICAL
(E) F.H.(E) F.H. EXISTING FIRE HYDRANT
07 04
03 06
05 08
04 07
E. OLIVE AVENUE
HISTORY WALK
SEE LANDSCAPE
PACKAGE
AREA BEYOND PROPERTY LIMITS
NOT IN SCOPE OF WORK
531.00' ±531.00' ±
321.00' ±321.00' ±
515.00' ±515.00' ±
323.00' ±323.00' ±
(ARTERIAL)
08 08
05 06
02 06
LIBRARY BUILDING
24,975 GSF
(E) F.H.(E) F.H.
(E) F.H.(E) F.H. (E) F.H.(E) F.H.
(E) F.H.(E) F.H.
AREA BEYOND PROPERTY LIMITS
NOT IN SCOPE OF WORK
FUTURE AMPHITHEATER AND
SITE IMPROVEMENTS
NOT IN SCOPE OF WORK
TRASH ENCLSOURE
PER CITY STD.
LIBRARY
MEMORIAL
LIBRARY MONUMENT
SIGN
FITNESS EQUIPMENT
AREA
FITNESS EQUIPMENT
AREA
BUS TURNOUT AND SHELTER
PER CITY STD.
DECORATIVE FENCE
AND GATES
DECORATIVE FENCE
AND GATES
BENCH, TYP. SEE
LANDSCAPE PACKAGE
DROP OFF
DRIVE APPROACH FIRE ACCESS GATE
PER CITY STD.
(E) BLOCK WALL TO
REMAIN
TRANSFORMER, TYP.
RAISED WALKWAY
INDICATES STRUCTURE FOR
SOLAR PV PANELS.
APPROX. +/- 600 sf
A110
2 A110
3 A110
4 A110
1 A110
5 BICYCLE RACK
(4 BIKE CAPACITY MIN.)
ALTERNATE #04:
APPROX. 40,627 SF OF
LANDSCAPE IMPROVEMENTS
BICYCLE LOCKER
(1 BIKE CAPACITY MIN.)
(E) STREET CENTERLINE
VEHICLE PARKING
PER PORTERVILLE REQT'S
REQUIREDREQUIRED PROVIDEDPROVIDED
61 79
PARKING SUMMARY
ACCESSIBLE SPACES + VAN
EV CAPABLE SPACES
3 + (1 VAN) = 4
17 17
EVCS (EVSE SPACES + VAN) 3 + (1 VAN) = 4
BICYCLE PARKING/STORAGE
SHORT TERM BICYCLE - RACK STORAGE
REQUIREDREQUIRED PROVIDEDPROVIDED
4 4
LONG TERM BICYCLE - LOCKER STORAGE 1 1
3 + (1 VAN) = 4
3 + (1 VAN) = 4
SHEET NUMBER:
PROJECT NUMBER:
DRAWING SET INFORMATION:
PAUL HALAJIAN
REVISIONS:
ARCHITECTS
PAUL HALAJIAN ARCHITECTS EXPRESSLY RESERVES ITS COMMON
LAW COPYRIGHT AND OTHER PROPERTY RIGHTS SPECIFICALLY
RELATED TO THE CONTENTS OF THESE PLANS. THIS DOCUMENT
AND THE IDEAS AND DESIGNS INCORPORATED HEREIN, AS AN
INSTRUMENT OF PROFESSIONAL SERVICE RENDERED BY PAUL
HALAJIAN ARCHITECTS, IS NOT TO BE USED IN WHOLE OR IN PART
FOR ANY OTHER PROJECT WITHOUT PRIOR WRITTEN
AUTHORIZATION FROM PAUL HALAJIAN ARCHITECTS.
265 EAST RIVER PARK CIRCLE,
SUITE 420
FRESNO, CA 93720
559.297.7900
www.halajianarch.com
PRINT DATE:
PROJECT:SHEET:
NOT FOR
CONSTRUCTION
2/25/2025 11:29:49 AM
A101
2023-14
02.21.2025 100% SD SUBMITTAL PORTERVILLE PUBLIC LIBRARY CITY OF PORTERVILLE 255 EAST OLIVE AVENUE, PORTERVILLE, CA 93274
SITE PLAN
1" = 20'-0" 1 SITE PLAN
TRUE
NORTH
MOVE CHILDREN'S /
FAMILY PROGRAM
HERE
3415 SF
RELOCATE
TEEN
PROGRAM
HERE
1110 SF
OMIT THIS PORTION OF
THE BUILDING INITIALLY;
POTENTIAL FUTURE
PHASE ADDITION
THIS AREA MAY
NEED MINOR
RECONFIGURATION
TO GET A BIT MORE
VISIBILITY
COURTYARD
COULD
POSSIBLY
EXPAND
TOTAL REV.
BUILDING:
16,720 GSF
OMIT THIS AMOUNT OF
SQUARE FOOTAGE, BUT
TAKE THE AREA OUT OF
THE STAFF AREA, SUCH
THAT ONLY THE EXCESS
SF IN THE STAFF
WORKSTATION AREA,
THE EXTRA STORAGE
ROOM, AND (1) STUDY
ROOM ARE OMITTED
FROM THE PROGRAM
OMIT THIS PORTION OF
THE BUILDING ADULT
STACKS
5440 SF
Item No. 19.
CITY COUNCIL AGENDA – DECEMBER 16, 2025
SUBJECT: Reallocation of Measure I Funding and Authorization to Purchase Radio Encryption Upgrades for the Porterville Police Department SOURCE: Police
COMMENT: In 2020, the California Department of Justice issued an operational directive requiring law enforcement agencies to secure Criminal Justice Information (CJI) and Personally Identifiable Information (PII) transmitted over radio and digital networks, consistent with federal CJIS security policy. Police radio communications frequently include sensitive information related to victims, suspects, criminal histories, tactical response, and officer safety. To ensure continued compliance and protect information confidentiality, the Porterville Police Department intends to deploy full AES-256 encrypted radio communications.
The City’s current radio fleet is capable of digital operation, but encryption functionality has not yet been activated across all units. Implementation of full encryption, along with firmware upgrades and Multi-Key capability, will bring the department into compliance with evolving CJIS requirements and ensure secure inter-agency interoperability.
This project is time-sensitive. Several neighboring agencies within Tulare County have indicated they will begin encrypting their systems within the next 90 days. If the City does not upgrade concurrently, Porterville Police personnel may lose secure communication ability during mutual aid events, vehicle pursuits, coordinated incidents, or emergency responses.
The proposed upgrade will:
• Activate AES-256 encryption and Multi-Key capability for all operational radios
• Flash and firmware-update existing APX6000, APX4500, and APX6500 units
• Program interoperability channel structure for regional agency communication
• Acquire a Motorola KVL7000 Keyloader to manage encryption keys • Maintain compatibility with the Sheriff’s Office, allied agencies, and Item No. 19.
future state rollouts
Programming and system work will be performed through Tulare County IT Radio Communications, including tuning and optimization of radio performance.
Funding for this project is available through Measure I in the FY 2025–2026 Capital Improvement Program. These funds are currently budgeted for Emergency Operations Center (EOC) technology upgrades. However, to meet encryption deadlines and avoid operational disruption, staff recommends reallocating a portion of the EOC funding to support the Police Department encryption upgrade. Remaining EOC funds will continue to support improvements at a reduced scope or in a future phase. This action does not increase the City’s total CIP spending authority.
Three vendor quotes are attached for Council consideration. County of Tulare IT Radio Communications has submitted a quote of $4,200.00 for encryption labor, flash upgrades, and programming for 94 portable and 74 mobile radios.
Motorola Solutions has provided a quote for the purchase of one KVL7000 keyloader, required cables, and charging accessories totaling $11,530.91. A second Motorola Solutions quote outlines AES/Multi-Key license activation, firmware upgrades, flash enhancements, and the purchase of eight APX6500 mobile radios in the amount of $172,478.53. The total project cost is $188,209.44 and is fully funded through Measure I. There is no General Fund impact.
RECOMMENDATION: That the City Council:
1. Approve the reallocation of Measure I funding currently programmed for Emergency Operations Center upgrades within the FY 2025–2026 Capital Improvement Program to the Police Department Radio Encryption Project;
2. Authorize the purchase and implementation of radio
encryption upgrades, flash licensing, AES-256/Multi-Key software activation, programming services, and one Motorola KVL7000 keyloader in the total amount of $188,209.44;
3. Authorize the City Manager, or designee, to execute purchase orders and related documents; and
4. Direct staff to proceed immediately due to regional encryption transition timelines and interoperability requirements.
ATTACHMENTS: 1. Atrex SOQuote 20261001
2. Quote 3405837 – KVL7000 with Cables
Item No. 19.
3. Quote 3405625 – Mobile/Portable Flash Upgrade Package Appropriated/Funded:
Review By:
Department Director:
Bobby Radar, Interim Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Stock Code Description Quantity Price Extended
1 County of Tulare IT Radio Comm.
5957 S. Mooney Blvd Ste. 2270
Visalia, CA 93277
559-622-7150 Fax: 559-737-4552
Service Quote #: 20261001
Page:
Ship To:
Cust PO:
Reference:
Service Rep: Porterville PD Status:
AES upgrades
EOTT
Porterville, Police Department
350 N. "D" St.
Porterville, Ca 93257
Phone: 559-782-7404
12/2/2025
Manufacturer:
Model:
Serial Number:
Alternate ID:
Mileage:
MOTOROLA
APX
OPEN
Quoted:
Valid Through: 1/1/2026
Job # Indications/Work Performed
Alternate Phone: Terms:
1 Technician:EOTT This quote for upgrading (94) APX6000 HandHeld radios to Multi-Key and AES256 encryption. Encryption license and Multi-key upgrades to be purchased from Motorola.
Programming radio with Porterville PD1,2,3 channels for analog and digital use Programming radios with TCSO type channel loads for interoperability.
Radio firmware update and autotune radios with test set.
LABOR 16.00 105.00 1,680.00
2 Technician:EOTT This quote for upgrading (74) APX6500 / APX4500 Mobile radios to Multi-Key and AES256 encryption. Encryption license and Multi-key upgrades to be purchased from Motorola.
Programming radio with Porterville PD1,2,3 channels for analog and digital use Programming radios with TCSO type channel loads for interoperability.
Radio firmware update and autotune radios with test set.
Mobile radios would be inspected during upgrades to verify the vehicle antenna and coaxial connections are in good condition. Any repairs or parts sales to bring radio installation up to be approved by PVL PD.
LABOR 24.00 105.00 2,520.00
0.00 Tax:
Shipping:
Total: 4,200.00
0.00 0.00
SubTotal: 4,200.00
Total Parts: Total Labor: Total Sublet: Total Disposal:
Pickup/Delivery: Service Call: 0.00
0.00 4,200.00 0.00 0.00
Billing Address:
PORTERVILLE POLICE DEPT
350 NORTH D ST
PORTERVILLE, CA 93257
US
Shipping Address:
PORTERVILLE POLICE DEPT
350 NORTH D ST
PORTERVILLE, CA 93257
US
Quote Date:11/25/2025
Expiration Date:01/24/2026
Quote Created By:
Ronald Taylor
Ronald.Taylor1@
motorolasolutions.com
End Customer:
PORTERVILLE POLICE DEPT
Contract: 36273 - SOURCEWELL 042021-
MOT
AGREEMENT: STATE OF CALIFORNIA
Payment Terms:30 NET
Summary:
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.
Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.
Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price KVL 7000
1 T8954A KVL7000 1 $10,000.00 5.0% $9,500.00 $9,500.00
1a CA04103AA ADD: ASTRO 25 MODE 1 $0.00 0.0% $0.00 $0.00 1b CA00182AY ADD: AES ENCRYPTION
SOFTWARE
1 $0.00 0.0% $0.00 $0.00
1c CA00243AK ADD: ADP PRIVACY 1 $353.00 5.0% $335.35 $335.35 2 HKN6182B KEYLOADING CABLE CGAI
ADAPTOR
1 $225.40 20.01% $180.30 $180.30
3 HKN6183B CABLE, CH PROGRAMMING
RS-232 (GCAI)
1 $74.25 20.0% $59.40 $59.40
4 PMKN4012B RADIO PROGRAMMING
CABLE
1 $84.70 20.0% $67.76 $67.76
5 PMKN4013C RADIO TEST AND
ALIGNMENT CABLE
1 $103.40 20.0% $82.72 $82.72
6 WPLN6905B KEYLOAD RS-232 CABLE 1 $229.96 20.01% $183.95 $183.95 7 NNTN9199A CHARGER, DESKTOP
SINGLE UNIT IMPRES 2
FAST, US/NA
1 $181.43 20.01% $145.13 $145.13
Subtotal $10,554.61
Estimated Tax $976.30
QUOTE-3405837
KVL7000 qty 1
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800