September 23, 2025
Isaiah Medina
Precision Civil Engineering, Inc.
Via Email to: [email protected]
Re: Tribal Consultation Under CEQA, Ramirez TSM Project, Tulare County To Whom It May Concern:
Pursuant to your request, attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Additionally, a search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed based on the information submitted for the above referenced project. The results were negative. Be aware that tribes do not always record their sacred sites in the SLF, nor are they required to do so. As such, an SLF search is not a substitute for consultation with all tribes that are traditionally and culturally affiliated with a project’s geographic area. Please contact all of the listed tribes as they may have information about sacred sites within the project area that is not listed with the NAHC.
Additionally, the NAHC recommends that agencies include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as:
1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:
• A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites; • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.
2. The results of any archaeological inventory survey that was conducted, including:
• Any report that may contain site forms, site significance, and suggested mitigation measures.
All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10.
3. The result of the Sacred Lands File check conducted through the Native American Heritage Commission.
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Isaac Bojorquez
Ohlone-Costanoan
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Sara Dutschke
Miwok
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Bennae Calac
Pauma-Yuima Band of
Luiseño Indians
COMMISSIONER
Vacant
COMMISSIONER
Vacant
ACTING EXECUTIVE
SECRETARY
Michelle Carr
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
4. Any ethnographic studies conducted for any area including all or part of the APE; and
5. Any geotechnical reports regarding all or part of the APE.
Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource, which is why consultation is vital.
This information will aid tribes in determining whether to request formal consultation. If consultation is requested, having the information beforehand will help to facilitate the process.
If you receive notification of a change of address or phone number from a tribe, please inform the NAHC. With your assistance, we can assure that our consultation list remains current.
If you have any questions, please contact me at my email address: [email protected] Sincerely,
Melina Carlos
Cultural Resources Analyst
Attachment
j
j
RESOLUTION NO._____-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH NO. 2026010607) FOR THE RAMIREZ RESIDENTIAL DEVELOPMENT (PRC 2024-026-S)
WHEREAS: Chuck Ramirez (Applicant) has submitted to the City of Porterville the Ramirez Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 11.47 acres into 30 lots. The site is located at the southwest corner of N. Newcomb St. and W. Linda Vista Ave. (APN 243-130-042; Site); and
WHEREAS: the Project also includes construction of interior streets, landscaping, public utilities, and improvements of streets within or adjacent to the subdivision, dedication of segments of abutting rights-of-way;and
WHEREAS: the aforementioned activities, individually and collectively, constitute 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: the City has prepared an Initial Study pursuant to the provisions of CEQA and the CEQA Guidelines; and
WHEREAS: the Initial Study indicated the potential for significant effects in the resource areas of Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources;and
WHEREAS: the Initial Study concluded that with implementation of mitigation measures, all potentially significant effects resulting from the Project can be mitigated to a less-thansignificant level, and that adoption of a Mitigated Negative Declaration would be appropriate; and
WHEREAS: pursuant to Public Resources Code Section 21080.3.1, on or about August 18, 2025, the City conducted consultations for the Project with the California Native American Tribes from the list provided and maintained by the Native American Heritage Commission and received one response therefrom from Table Mountain Rancheria stating that the project was beyond their area of interest; and
WHEREAS: on January 15, 2026, a Notice of Intent to adopt a Mitigated Negative Declaration was published in The Porterville Recorder and was filed with the Tulare County Clerk and the State Clearinghouse and posted at City Hall and on the City’s
Resolution No. ____-2026
website, said notice identifying a public review and comment period of 30 days starting on January 15, 2026, and ending on February 15, 2026; and
WHEREAS: on January 15, 2026, a Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Tulare County Clerk, said notice identifying a public review and comment period of 30 daysstarting on January 15, 2026, and ending on February 15, 2026; and WHEREAS: the Draft Initial Study/Mitigated Negative Declaration (IS/MND) was filed with the State Clearinghouse, assigned a State Clearinghouse number (2026010607), and circulated for a period of 30 days starting on January 20, 2026, and ending on February 20, 2026; and WHEREAS: on March 6, 2026, a notice was published in The Porterville Recorder setting the date, time and place of pubic hearing for March 17, 2026, 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 March 17, 2026, the City Council of the City of Porterville did conduct a public hearing to consider the Project; and WHEREAS: the City Council has received the IS/MND and has reviewed and considered the information contained therein; and
WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the City Council finds that the IS/MND has been completed in compliance with CEQA and the CEQA Guidelines; and
WHEREAS: the determinations in the IS/MND consist of the City Council’s independent judgement and analysis; and
WHEREAS: based upon the IS/MND and the record, with incorporation of mitigation, the Project will not individually or cumulatively have an adverse impact on environmental resources; and
/ / /
/ / /
/ / /
/ / /
/ / /
Resolution No. -2026
WHEREAS: the City of Porterville is the custodian of the documents and other materials that constitute the record of the proceedings on which these determinations are based, and Porterville City Hall, 291 N. Main Street, Porterville, CA is the location of this record.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby adopt the IS/MND prepared for the Ramirez Residential Development Project.
BE IT FURTHER RESOLVED that the Mitigation Monitoring and Reporting Program attached hereto shall be implemented as noted therein as part of project implementation.
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.
PASSED, APPROVED, AND ADOPTED this 17th of March, 2026.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
FernandoGabriel-Moraga,
Chief Deputy City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM FOR RAMIREZ RESIDENTIAL SUBDIVISION PRC 2024-026-S AND ANNEXATION (ANX) 2026-001
This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a Project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Porterville is responsible for verifying that mitigation is performed/completed.
Mitigation Measures
Party
Responsible for
Implementing
Mitigation
Timing of
Verification
Responsible for
Monitoring
Verification
Verification of
Completion
Date Initials
Biological Resources
Mitigation Measure BIO-1 (Protected Birds including Swainson’s Hawk): To mitigate potential impacts on protected birds, including Swainsons Hawk, and to avoid “take” as defined by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code, the following measures will be implemented.
1) Avoidance of Nesting Season: If feasible, all grounddisturbing activities (including grading, grubbing, or mobilization of construction equipment and materials) and vegetation removal will occur outside the typical nesting season for migratory birds in the San Joaquin Valley
(generally February 1 through August 31).
2) Pre-Construction Survey (If Work During Nesting Season): If ground disturbance or vegetation removal must be initiated or continue during the nesting season (February 1 through August 31), a qualified biologist will conduct a preconstruction survey for nesting birds, including specialstatus species such as Swainson's Hawk, within the Project footprint and a suitable buffer (e.g., 500 feet for raptors like Swainson's Hawk, 250 feet for other protected birds, or as Project
Applicant
Prior to
construction
City of Porterville
determined by the biologist based on species and site
conditions). The survey will be conducted no more than 14 days prior to the start of any ground disturbance or
vegetation removal within the Project footprint. The survey results will be reported by the biologist to the Project proponent, who will then report to the City of Porterville Community Development Department for mitigation
monitoring compliance. If no active nests are detected, no further species-specific mitigation for nesting birds is required.
3) Minimize Impacts (If Active Nests Found): If active nests are found in or near the construction zone/area, the qualified biologist will establish and implement an appropriate
species-specific non-disturbance buffer (as recommended by CDFW). This buffer will be clearly delineated, and no construction activities will occur within this buffer until the qualified biologist determines that the nesting effort has concluded (e.g., young have fledged and are no longer
reliant on the nest) and the nest is no longer active. The biologist will prepare a plan detailing the avoidance,
monitoring, and minimization actions, and the results of these efforts will be reported by the biologist to the
California Department of Fish and Wildlife (CDFW), Project proponent, and the City of Porterville Community
Development Department for mitigation monitoring
compliance.
Mitigation Measure BIO-2 (American Badger): To mitigate potential impacts on the American badger and avoid “take” under state law, the following measures will be implemented.
1) Avoidance of Denning Season: If feasible, ground disturbance (including grading, grubbing, or mobilization of construction equipment and materials) in suitable and identified American badger habitat (e.g., grasslands, shrublands with friable soils, or areas with known burrow complexes) will be scheduled outside Project
Applicant
Prior to
construction
City of Porterville
their primary denning season (typically February through July) when young may be present. Construction activities will avoid filling or altering known or potential badger dens.
2) Pre-Construction Survey (If Work During Denning Season): A qualified biologist will conduct a pre-construction survey for American badgers and their dens within the Project footprint and a suitable buffer (e.g., 50 feet) at least 30 days prior to ground disturbance. The survey results will be reported by the biologist to the Project proponent, CDFW, and the City of Porterville Community Development Department for mitigation monitoring compliance. If no badgers or active dens are detected, no further species-specific mitigation is required. 3) Minimize Impacts (If Badgers/Dens Found): If American badgers or their active dens are found and complete avoidance is not feasible, the qualified biologist will prepare a plan that describes proposed avoidance, monitoring, minimization, and/or
mitigation actions to reduce impacts to a less than significant level and avoid "take." This plan may include establishing buffer zones around active dens (e.g., 50-foot non-disturbance buffer), installing exclusion fencing, passively relocating to suitable, protected habitat, etc. The plan will be implemented in consultation with the qualified biologist, CDFW, and the Project proponent in accordance with CDFW guidelines related to the species. The plan and results of efforts will be reported by the biologist to the CDFW and the City of Porterville Community Development Department for mitigation monitoring
compliance.
Mitigation Measure BIO-3 (Northern California Legless Lizard): To mitigate potential impacts on the Northern California legless lizard and avoid “take” under state law, the following measures will be implemented:
1) Pre-Construction Survey: A qualified biologist will conduct a preconstruction survey at least 30 days prior to ground disturbance in suitable legless lizard habitat (e.g., areas with loose sandy Project
Applicant
Prior to
construction
City of Porterville
soils, leaf litter, or dense vegetation cover) to identify the presence/absence of legless lizards. The survey may involve hand-raking through loose soil and leaf litter. The results of efforts will be reported by the biologist to the Project proponent, CDFW, and the City of Porterville Community Development Department for mitigation monitoring compliance. If no legless lizards are detected, no further species-specific mitigation is required.
2) Avoidance: If feasible, ground disturbance (including grading, grubbing, or mobilization of construction equipment and materials) in suitable legless lizard habitat will be minimized.
Construction activities will avoid filling or altering known or potential legless lizard habitat where feasible.
3) Minimize Impacts (If Legless Lizards Found): If legless lizards are found and complete avoidance is not feasible, the qualified biologist will prepare a plan that describes proposed avoidance, monitoring, minimization, and/or mitigation actions to reduce impacts to a less than significant level and avoid "take." This plan may include establishing exclusion fencing, salvaging and relocating to suitable, protected habitat, monitoring, etc. The plan will be implemented in consultation with the qualified biologist, CDFW, and the Project proponent in accordance with CDFW guidelines related to the species. The plan and results of efforts will be reported by the biologist to the Project proponent, CDFW, and the City of Porterville Community Development Department for mitigation monitoring compliance.
Mitigation Measure BIO-4 (San Joaquin Kit Fox): To mitigate potential impacts on the San Joaquin kit fox and avoid “take” under the Federal Endangered Species Act (ESA) and California Endangered Species Act (CESA), the following measures will be implemented:
1) Pre-Construction Survey: Prior to ground disturbance, a qualified biologist will conduct a pre-construction survey for San Joaquin kit fox and their dens within the Project footprint and a Project
Applicant
Prior to
construction
City of Porterville
suitable buffer (e.g., 200-500 feet, as per agency guidelines) at least 30 days prior to ground disturbance. This survey will strictly follow current U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) protocols.
The survey results will be reported by the biologist to the Project proponent, CDFW, USFWS, and the City of Porterville
Community Development Department for mitigation
monitoring compliance. If presence is not detected, no further species-specific mitigation is required, but adherence to standard avoidance measures (e.g., pre-activity surveys, speed limits) may still be required by agencies.
2) Avoidance of Pupping Season: If feasible, ground disturbance (including grading, grubbing, or mobilization of construction equipment and materials) in suitable San Joaquin kit fox habitat (e.g., arid grasslands, scrublands, and areas with potential dens) will be scheduled outside their primary pupping season (typically February through May) to avoid impacts to vulnerable young. Construction activities will avoid filling or altering known or potential kit fox dens.
3) Minimize Impacts (If Kit Foxes/Dens Found): If San Joaquin kit foxes or their dens (natal, pupping, or known active dens) are found and complete avoidance is not feasible, the qualified biologist will prepare a plan that describes proposed avoidance, monitoring, minimization, and mitigation actions, including compensatory mitigation, to reduce impacts to a less than significant level and avoid "take." This plan will be developed in consultation with and approved by USFWS and CDFW. The plan and results of efforts will be reported by the biologist to the USFWS, CDFW, and the City of Porterville Community
Development Department for mitigation monitoring
compliance.
4) Worker Environmental Awareness Program (WEAP): Prior to any ground disturbance, all construction personnel will attend a WEAP conducted by a qualified biologist. The program will include a detailed description of the San Joaquin kit fox and its habitat, legal protection, and the critical importance of avoiding "take." It will also outline specific measures to be implemented during construction, such as speed limits, trash management, and reporting procedures for observations of kit foxes or dens. 5) Designated Biologist: A qualified biologist will be available during all ground-disturbing activities to ensure compliance with mitigation measures and agency conditions, and to
monitor for the presence of San Joaquin kit fox.
6) Compensatory Mitigation: If impacts to San Joaquin kit fox habitat cannot be avoided and are authorized by USFWS and CDFW, compensatory mitigation (e.g., purchase of conservation easements or credits at an approved conservation bank) will be required to offset habitat loss. The amount of compensatory mitigation will be determined in consultation with the agencies.
Mitigation Measure BIO-5 (Crotch’s Bumble Bee): To mitigate potential impacts on the Crotch’s bumble bee and avoid “take” under CESA, the following measures will be implemented:
1) Pre-Construction Survey: Prior to ground disturbance, a qualified biologist or entomologist shall conduct a preconstruction survey no more than 30 days prior to ground disturbance to identify sensitive bumble bee species and potential foraging or nesting habitat. If presence is not detected, no further species-specific mitigation is required. 2) Avoidance of Peak Activity Periods: To the extent feasible, largescale vegetation removal or heavy ground disturbance in areas identified as existing or potential bumble bee foraging or nesting habitat will be scheduled outside of peak bumble bee foraging and nesting periods (typically spring through fall) to avoid direct harm to active bees and nests.
3) Minimize Impacts (If Bumble Bees/Habitat Found): If sensitive bumble bee species or active nests are found, or if complete avoidance of foraging or nesting habitat is not feasible, the qualified biologist or entomologist will prepare a plan that Project
Applicant
Prior to
construction
City of Porterville
describes proposed avoidance, monitoring, minimization, and/or mitigation actions to reduce impacts to a less than significant level and avoid "take." This plan may include establishing buffers, enhancing landscaping with native, pollinator-friendly flowering plants that provide continuous bloom throughout the year, etc. The plan will be implemented in consultation with the qualified biologist, CDFW, and the Project proponent in accordance with CDFW guidelines related to the species. The plan and results of efforts will be reported by the biologist and submitted to the CDFW and the City of Porterville Community Development Department for mitigation monitoring compliance.
Mitigation Measure BIO-6 (Vernal Pool Fairy Shrimp): To mitigate potential impacts on the Vernal Pool Fairy Shrimp and avoid “take” under the federal ESA, the following measures will be
implemented:
1) Pre-Construction Wet Season Surveys: Prior to any ground disturbance that could impact potential vernal pool habitat, a protocol-level wet season survey will be conducted by a qualified biologist during the appropriate inundation periods (typically December through April) to determine the presence or absence of vernal pool fairy shrimp. These surveys will follow current USFWS guidelines. If presence is not detected, no further mitigation is required.
2) Avoidance: Prior to any ground disturbance, a qualified biologist will identify and delineate all vernal pools and other suitable ephemeral wetland habitats within the Project area. All identified vernal pools and suitable ephemeral wetland habitats will be avoided to the maximum extent practicable. A nondisturbance buffer (e.g., 250 feet or as specified by the U.S. Fish and Wildlife Service - USFWS) will be established around all such features. This buffer will be clearly delineated with fencing and signage, and no ground disturbance, vehicle access, or material storage will occur within this zone. No activities that could alter Project
Applicant
Prior to
construction
City of Porterville
the hydrology of vernal pools (e.g., changes in drainage patterns, increased runoff, introduction of pollutants) will be permitted.
3) Minimize Impacts (If Avoidance Not Feasible): If impacts to vernal pool fairy shrimp habitat are unavoidable (and presence is confirmed or assumed based on surveys), minimization and/or compensatory mitigation will be implemented in
consultation with and approval from the USFWS to avoid "take." Measures may include reducing the footprint of impact,
implementing erosion control measures, ensuring no pollutants enter the habitat, compensatory mitigation etc. The results of efforts will be documented by the biologist and submitted to the USFWS and the City of Porterville Community Development Department for mitigation monitoring compliance
Cultural Resources
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented in conjunction with the construction of each phase of the Project:
If previously unknown historical, archeological, cultural, or paleontological resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified archeologist, historical resources specialist, or paleontologist, shall be consulted to determine whether the resource requires further study. Notification of discovery shall be provided to the City of Porterville Community Development Department.
The qualified archeologist, historical resources specialist, or paleontologist shall make recommendations to the project proponent on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and City’s policies and procedures related to historical, cultural, and paleontological resources.
Project
Applicant
Prior to
construction
City of Porterville
Notification of the measures shall be provided to the City of Porterville Community Development Department.
If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the project proponent, who shall notify the City of Porterville Community Development Department. Appropriate measures for significant resources could include avoidance or capping, preservation inplace, recordation, additional archeological resting, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the City of Porterville Community Development Department approves the measures to protect these resources. Any historical, archeological, cultural, or paleontological artifacts recovered as a result of mitigation shall be provided to a City‐approved institution or person who is capable of providing long‐term preservation to allow future scientific study.
Geology and Soils
See Cultural Resources
Hazards and Hazardous Materials
MM HAZ-1: Prior to the issuance of a grading permit, the project proponent shall complete a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized
Environmental Condition (HRECs), and Potential Environmental Concerns (PECs). The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for followup investigation, including Phase II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of California
Project
Applicant
Prior to
Construction
City of Porterville
environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Tulare County Environmental Health Division, or a local agency that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
MM HAZ-2: In order to minimize the potential of introducing contaminated fill material onto a site, it is necessary to verify through documentation that the fill source is appropriate and/or to have the fill material analyzed for potential contaminants based on the location and history of the source area. Fill documentation shall include detailed information on the previous use of the land from where the fill is taken, whether an environmental site assessment was performed and its findings, and the results of any testing performed. Any such documentation must be signed by an appropriately licensed (CA-registered) individual. If such documentation is not available or is inadequate, samples of the fill material should be chemically analyzed. Analysis of the fill material should be based on the source of the fill and knowledge of the prior land use. Detectable amounts of compounds of concern within the fill material should be evaluated for risk in accordance with the Department of Toxic Substances Control Preliminary
Endangerment Assessment (PEA) Guidance Manual, in addition to Regional Water Quality Control Board guidelines for reuse of nonhazardous petroleum hydrocarbon contaminated soil. If metal analyses are performed, only those metals (CAM 17 / Title 22) to which risk levels have been assigned need to be evaluated. The findings and conclusions of the documentation and analysis shall become the basis for potential recommendations for follow-up investigation, including Phase I ESA, II ESA, site characterization, and/or remedial activities if found to be warranted. Regulatory concurrence shall be provided by a State of California
environmental regulatory agency such as California Department of Toxic Substances Control, Regional Water Quality Control Board, Tulare County Environmental Health Division, or a local agency Project
Applicant
Prior to
Construction
City of Porterville
that meets the requirements of Assembly Bill AB 304. Concurrence shall indicate the site is safe for construction and the proposed use.
Tribal Cultural Resources
See Cultural Resources
RESOLUTION NO. -2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CONTAINING FINDINGS
IN SUPPORT OF APPROVAL OF THE TENTATIVE SUBDIVISION MAP FOR THE RAMIREZ RESIDENTIAL DEVELOPMENT (PRC 2024-026-S)
WHEREAS: Chuck Ramirez (Applicant) has submitted to the City of Porterville the Ramirez Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 11.47 acres into 30 lots. The site is located at the southwest corner of N. Newcomb St. and W. Linda Vista Ave. (APN 243-130-042; Site); and
WHEREAS: the Project also includes construction of interiorstreets, landscaping, public utilities, and improvements of all streets in or adjacent to the subdivision, dedication of segments of abutting rights-of-way;and
WHEREAS: on March 6, 2026, a notice was published in The Porterville Recorder setting the date and time, and place of apublichearing forMarch 17, 2026 and similarnotices were sent to owners of property within a 300-foot radiussurrounding the Site, and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on March 17, 2026, 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 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: the Site is zoned RS-2 (Low Density Residential) and the General Plan Land Use Designation of Low Density Residential; and
WHEREAS: via adoption of Resolution No. -2026, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 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 Porterville Resolution No._____-2026
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 designations of the Porterville 2030 GeneralPlan.
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 ofdevelopment.
4. The site is physically suitable for the proposed density ofdevelopment.
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 not 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 Ramirez Residential Development Project (PRC 2024-026-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) meeting held on August 7, 2024, and as outlined in the Project Review Committee letter for PRC2024-026.
2. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans 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 writtenprotest.
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 CityOrdinance.
6. The developer/applicant shall submit a tentative subdivision map that complies with Section 402.02 of the adopted Development Ordinance.
Resolution No._____-2026
Approval of tentative subdivision maps are contingent upon satisfying the applicable provisions of the required form and content.
7. Prior to approval of the improvement plans, the developer/ applicant shall have completed and approved, landscaping and/or lighting improvement plans. The developer/applicantshall 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 concurrentlywith the otherimprovementsin the project. Landscape easements will need to be created in areas deemed necessary by the City Engineer.
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 MaintenanceDistrict.
10. The developer/applicant shall cause all unnecessary easements to be vacated prior to or in conjunction with the Final Map processing.
11. The developer/applicant shall provide and show all required utility easements on the Final Map.
a. An easement shall be provided for an onsite temporary drainage basin unless the drainage can be routed to another location through the construction of storm drain pipelines.
12. The developer/applicant shall replace or provide surety for replacement of irrigation pipes in the right of way, if in the opinion of the City Engineer, replacement is warranted. The developer/applicant shall provide easements for irrigation pipes across lots created, if pipes will continue to be in use.
13. 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.
14. Building permits shall not proceed further than the installation of the foundation until all of the following items are accepted as complete:
a. The sewer system is completed, tested, and accepted by the City prior to residential occupancy of any house in the subdivision; Resolution No._____-2026
b. The storm drain system is functional so that it will accept water from fire hydrant and/or water main flushing;
c. 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.);
d. Fire hydrants are accepted by the Fire Department and the Engineering Division;
e. Street base rock for accessibility by public safety officials and building inspectors;
f. 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;
g. Lot corners are marked.
15. 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.
16. 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.
17. 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.). All on-site improvements shall be constructed or covered by an appropriate surety. 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 adjacentproperty.
18. 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.
19. The developer/applicantshall provide streetstriping and flexible delineators as necessary to provide safe vehicular movements, where directed by the City Engineer.
20. The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc. The developer/applicant shall construct street improvements that comply with the intention of the adopted Resolution No._____-2026
Development Ordinance and per the details below:
a. The right of way width for interior local streets shall be 56’ wide with
4.5’ of landscaped parkway behind the curb and a 5’ offset sidewalk. b. Newcomb Street is designated as a Collector per the Circulation Element and must be extended along the east side of the proposed subdivision. The overall right of way shall be 72’ wide and shall include
5.5’ of parkway behind the back of curb, followed by 6’ of sidewalk, and a 10’ landscape easement behind the sidewalk to include a block wall.
c. Linda Vista Avenue is designated as a Collector per the Circulation Element and must be extended along the east side of the proposed subdivision. The overall right of way shall be 72’ wide and shall include
5.5’ of parkway behind the back of curb, followed by 6’ of sidewalk, and a 10’ landscape easement behind the sidewalk to include a block wall.
d. Total area of dedication to be determined by a licensed surveyor.
21. The developer/applicant shall provide mid street access to the adjacent southerly property at or near Lot 10.
22. Prior to approval of the final map the developer/applicant shall provide public improvements by the method indicated below:
a. Pursuant to Section 66411.1(b) of the Government Code, the developer applicant shall construct curbs, gutters, sidewalks, curb returns per City Standards, sewer laterals, water services, fire hydrant relocation, street lights, connecting pavement along the full frontage of the proposed land division parcels. Additional improvements include a functional drainage system, connection of existing house to City’s sewer system, abandonment of existing septic system(s), well abandonment (if any and not incompliance with the City’s Backflow Ordinance), curing of leaks in irrigation lines (if any), and other improvements necessary for public health and safety, except where they exist to Federal, State, and City standards and are in good condition in the opinion of the City Engineer.
23. Prior to approval of the final map the developer/applicant shall provide public improvement plans prepared by a Civil Engineer that include specific on-site grading details and specifications for City approval.
24. 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.
25. 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 Resolution No._____-2026
construction of public improvements.
26. 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 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.
27. The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage(s), except where they existand are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Engineer (Ord. No.1306).
28. 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.
29. The developer applicant is hereby notified that the extension of a new water line and sewer line in Linda Vista Avenue is required from the intersection of Newcomb Street to the westerly property line per Section 407.02(f) of the development code. Fire flow requirements will require the extension of a separate waterline in order to create a looped water system. The City will provide additional information if lines are determined to be a part of master plan facilities and will be subject to reimbursement.
30. 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.
31. The developer/applicant shall have a Civil Engineer design a water system that will provide a fire flow at each fire hydrant of1,000 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.
32. The developer/applicant shall underground existing utility structures (i.e., poles, splice boxes, vaults, etc.).
33. 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 CityEngineer.
34. 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.).
35. The developer/applicant shall abandon existing wells, if any, after first getting Resolution No._____-2026
an abandonment permit from the Tulare County Environmental HealthServices Division. The developer/applicant isrequired to provide the City Engineer with proof of compliance with County regulations before performing any grading or issuance ofthe building permit, whichever comes first.
36. The developer/applicant shall assure compliance with Section 7-8, Work Site 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.
37. 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.
38. 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:
i. All items listed in Section A of the permit.
ii. 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 UnitedStates.
39. If portions of the project area are to be sold off before the entire project is completed, the proponent must:
a. 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.
b. Informing each new owner of their responsibility to submit their own NOI, site map, and appropriate fee to the SWRCB and prepare their Resolution No._____-2026
own SWPPP.
40. The Project shall comply with all applicable fire codes.
41. Fire hydrants shall be placed based on distance, no greater spacing than 500’ for residential applications.
42. The Fire hydrants shall be on a looped system.
43. No structure shall be greater than 400 feet from a fire hydrant.
44. The Project shall maintain two points of entry/exit for Fire Department access.
PASSED, APPROVED, AND ADOPTED this 17th day of March, 2026.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel- Moraga,
Chief Deputy City Clerk
RESOLUTION NO. -2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE REQUESTING THAT
THE LOCAL AGENCY FORMATION COMMISSION TAKES PROCEEDINGS FOR ANNEXATION 492
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of March 17, 2026, conducted a public meeting to consider the approval of the Ramirez Residential Development Project, consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of 30 single-family homes on approximately on 11.47 acres. The site is located at the southwest corner of N. Newcomb St. and W. Linda Vista Ave. (APN 243-130-042; Site); and
WHEREAS: the Site is currently within the unincorporated area of Tulare County, abutting the city limits of the City of Porterville, and within the City’ssphere of influence; and WHEREAS: Government Code Section 66454 allows the City to approve a tentative map on land outside the city limits with the provision that the final map cannot be approved until annexation of the site is complete; and
WHEREAS: the City of Porterville desires to initiate proceedings pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for Annexation 492; and WHEREAS: the territory proposed to be annexed to the city totals approximately ±11.47 acres consisting of vacant land; and
WHEREAS: on March 6, 2026 a notice was published in The Porterville Recorder setting the date, time, and place of a public hearing for March 17, 2026, 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: via adoption of Resolution No. -2026, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS: via adoption of Resolution No. -2026, the City Council has approved a tentative map in accordance with Government Code Section 66454;and WHEREAS: this proposal is made pursuant to Sections 56654 and 56428 of the California Government Code; and
Resolution No. - 2026
WHEREAS: the reasons for this proposal are as follows:
1. To ensure compatible land use planning practices are implemented and to steer sustainable future developmentin a growing area substantially surrounded by the current city limits.
2. To add much needed developable land to the City to aid in meeting the 6th-Cycle Housing Element Regional Housing NeedsAllocation.
3. To maintain a definitive and organized city boundary and ensure efficient provision of services and facilities needed for high quality life in the projectarea.
WHEREAS: the proposed annexation area and proposed development thereof would be subject to compliance with the Porterville Municipal Code and Porterville 2030 General Plan; and NOW, THEREFORE, BE IT RESOLVED, this Resolution of Application is hereby adopted and approved by the City Council of the City of Porterville. The Local Agency Formation Commission of Tulare County is hereby requested to undertake proceedings for annexation as illustrated in Exhibits ‘A and B’ and the detachment of the same area from County Service Area #1 in the manner provided for by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
PASSED, APPROVED, AND ADOPTED this 17th day of March, 2026.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Exhibit A
Geographic Description
City of Porterville
Annexation 2026-__
Annexation to the City of Porterville and Detachment from CSA #1 The Remainder of Parcel Map No. 4706 per Map recorded in Book 48, Page 11 of Parcel Maps in the office of the County Recorder located in Northeast quarter of Section 16, Township 21 South, Range 27 East, Mount Diablo Meridian, in the County of Tulare, State of California, described as follows:
Commencing at the East quarter corner of the Northeast quarter of said Section 16; Course 1 thence, South 00Ӣ00'07" East, along the East line of the Northeast quarter of said Section 16, a distance of 28.25 feet;
Course 2 thence, South 89Ӣ59'53" West, 40.00 feet to the existing right of way line of Newcomb Street and a point of the existing City Limit Line to the City of Porterville and the TRUE POINT OF BEGINNING;
Course 3 thence, South 00Ӣ00'07" East, along said right of way line and said City Limit Line, 639.47 feet more or less to the Southeast corner of said Remainder; Course 4 thence, leaving said City Limit Line, North 87Ӣ28'21" West, along the South line of said Remainder, 761.27 feet more or less to the Southeast corner of Parcel 2 of Lot Line Adjustment Map No. PLA 06-022 recorded as Document No. 2006-00691960 of Tulare County Records;
Course 5 thence, North 00Ӣ00'02" West, along the East line of said Parcel 2 and its northerly projection being the East line of Parcel 3 of said Parcel Map 4706, a distance of 639.67 feet more or less to a line parallel with and 30.00 feet South of the North line of the South half of the North half of said Section 16;
Course 6 thence, South 87Ӣ27'26" East, along said parallel line, 761.26 feet more or less to the TRUE POINT OF BEGINNING.
Containing 11.17 acres, more or less.
11-28-2025
202568
APN 243-130-042
POR. NE 1/4 SEC. 16-21/27
APN 243-130-049
APN 243-130-041
APN 243-130-07
APN 243-130-08
APN 243-130-37 APN 243-130-38
APN 243-130-35 APN 243-130-36
TRACT 678 PHASE 1
10'
30'
10'
30'
10' ABANDONDED IN MISC. DEED
RECORDED 3/21/1914 BK 6 PG 461 OR
LINDA VISTA AVENUE (CO. AVENUE 174)
NEWCOMB STREET (CO. ROAD 232)
APN 243-130-04
EXISTING CITY OF PORTERVILLE CITY
LIMIT LINE
N. LINE S. 1/2 N. 1/2 SEC. 16-21/27
S0°00'07"E 28.25'
COURSE 1
S89°59'53"W 40.00'
COURSE 2COURSE 3 S0°00'07"E 639.47'
COURSE 4
N87°28'21"W 761.27'
N0°00'02"W 639.67'
COURSE 5
S87°27'26"E 761.26'
COURSE 6
5' IRREVOCABLE OFFER OF
DEDICATION PER PARCEL MAP 4706
SE. COR. PARCEL 2 PLA 06-022 25' 5' 30'
40'
N87°27'26"W
30'
CONTAINING
11.17 ac±
CHECKED:
DRAWN:
DATE: 11/28/25
PROJECT:
SCALE: 1" =
WWW.BORUMLANDSURVEYING.COM
1445 W. GRAND AVENUE STE. C,
GROVER BEACH, CA 93433
EXHIBIT B
CITY OF DINUBA ANNEXATION NO. 2026-___
ANNEXATION TO THE CITY OF PORTERVILLE AND
DETACHMENT FROM CSA #1
LEGEND
PROPOSED ANNEXATION LIMITS
EXISTING CITY OF PORTERVILLE CITY LIMITS LINE
NTS
N
VICINITY MAP
202568
N
200'
200'
0' 400'
LINDA VISTA AVE.
NEWCOMB STREET SHELLY LN.
CHELSEA
WAY
SITE
CITY LIMIT LINE
E.1/4 COR. SEC. 16-21/27
E.1/4 COR. NE 1/4 SEC. 16-21/27
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
EXHIBIT B
Item No. 17.
CITY COUNCIL AGENDA – MARCH 17, 2026
SUBJECT: Second Reading - Ordinance 1930 - Entertainment Zones SOURCE: Administrative Services
COMMENT:
Ordinance No. 1930, An Ordinance of the City Council of the City of Porterville Amending Chapter 1520 of the Porterville Municipal Code relating to Entertainment Zones, including designation of the Downtown area and Porterville Municipal Airport.
RECOMMENDATION: That the Council give Second Reading to Ordinance No. 1930, waive further reading, and adopt said Ordinance.
ATTACHMENTS: 1. Ordinance No. 1930
Appropriated/Funded: N/A
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15.20 OF THE PORTERVILLE MUNICIPAL CODE
TO ESTABLISH ENTERTAINMENT ZONES
WHEREAS, the California Legislature has authorized local jurisdictions to establish Entertainment Zones that permit the consumption of alcoholic beverages within designated public areas during specified days and hours, subject to local ordinance and oversight by the California Department of Alcoholic Beverage Control; and WHEREAS, Senate Bill 969, effective January 1, 2025, clarified and expanded the authority of cities to establish Entertainment Zones by ordinance and to define zone boundaries, days and hours of operation, permitted beverage types, and operational requirements; and
WHEREAS, the Downtown area of the City of Porterville and the Porterville Municipal Airport serve as a focal point for community civic events, festivals, and cultural programming that support local businesses and promote economic vitality; and WHEREAS, the City Council desires to establish a structured and legally compliant framework to allow limited outdoor consumption of beer and wine during approved community civic events while maintaining public safety and local control; and WHEREAS, Chapter 15.20 of the Porterville Municipal Code regulates community civic events, parades, and other activities that require heightened public safety oversight; and
WHEREAS, the City Council desires to establish Entertainment Zones as a regulated activity within Chapter 15.20, consistent with existing permitting, enforcement, and public safety frameworks; and
WHEREAS, the City Council has reviewed and approved the Entertainment Zone Operating Standards, which define the operational rules, enforcement mechanisms, and safety requirements for the Entertainment Zone; and
WHEREAS, the City Council finds that establishing an Entertainment Zone is consistent with State law and the City’s economic development and community revitalization goals.
NOW, THEREFORE, BE IT ORDAINED: THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:
Ordinance No. 1930
SECTION 1. Chapter 15.20 Amended
Chapter 15.20 of the Porterville Municipal Code is hereby amended to add a new subsection to read as follows:
15.20 H. Entertainment Zones:
1. Definitions: The following definitions apply in this subsection:
“ABC” means the California Department of Alcoholic Beverage Control. “Alcoholic beverage” has the same meaning as set forth in California Business and Professions Code section 23004.
“City Manager” means the City Manager or designee.
“Entertainment zone” has the same meaning as set forth in California Business and Professions Code section 23039.5.
“Entertainment zone event” means a City-approved community civic event during which limited consumption of alcoholic beverages is permitted within an entertainment zone. “Management plan” means the Entertainment Zone Operating Standards adopted by the City Council.
“Open container” means any bottle, can, cup, or other receptacle that is open or has been opened and contains any alcoholic beverage.
2. Entertainment Zone Controls:
a. No Entertainment Zone Event may occur without issuance of a valid community civic event permit and any other approvals required by the City. b. Alcohol service within an Entertainment Zone shall be conducted in a manner that promotes responsible consumption and compliance with State law, including service limits, age verification, and refusal of service to intoxicated persons as provided in the management plan.
c. Authorization of an entertainment zone event does not exempt any person from compliance with:
1. Applicable provisions of Chapter 15.20;
2. California Business and Professions Code;
3. ABC licensing and permitting requirements; and
4. All conditions imposed by the City.
Ordinance No. 1930
d. A person may possess and consume an open container of an alcoholic beverage in a public place within an entertainment zone only during an approved entertainment zone event and only if the alcoholic beverage was purchased from:
1. A premises authorized by ABC to permit off-premises consumption within an entertainment zone pursuant to California Business and Professions Code sections 23357, 23358, or 23396; or
2. A person authorized to sell alcoholic beverages pursuant to an ABC special event permit or license.
e. Nothing in this subsection replaces or supersedes the requirements for a community civic event permit.
f. The City Manager may require the use of nontransferable wristbands, including procedures for issuance, display, and enforcement, to verify age eligibility and compliance with alcohol service requirements.
3. Implementation:
a. The City Manager is authorized to administer and implement this subsection and to establish administrative procedures necessary for its execution. b. Prior to authorizing an entertainment zone event, the City Manager shall ensure adoption and compliance with a management plan addressing, at a minimum:
1. Age verification and wristband requirements;
2. Container requirements;
3. Hours of operation;
4. Insurance and indemnification;
5. Security, crowd control, and cleanup; and
6. Enforcement procedures.
c. The City Manager may impose event-specific conditions or revoke authorization to protect public health, safety, or welfare.
4. Entertainment Zone Established:
Pursuant to California Business and Professions Code sections 23039.5 and 25690, the City Council hereby establishes the following entertainment zones:
1. Downtown Zone: Main Street between Olive Avenue and Morton Avenue, including adjacent sidewalks and public rights-of-way.
2. Airport Zone: Limited to the designated public areas of the Porterville Municipal Airport.
Entertainment Zone Events at the Porterville Municipal Airport shall not interfere with aviation operations, emergency access, tenant operations, or federal aviation requirements, and may be subject to additional conditions imposed by the City Manager.
Ordinance No. 1930
5. Hours of Operation:
An entertainment zone event may occur only between the hours of 10:00 a.m. and 11:59 p.m., subject to any additional limitations imposed by:
a. An ABC permit or license;
b. The management plan; or
c. The community civic event permit.
Nothing herein requires an entertainment zone event to operate until 11:59 p.m.; event hours may be further limited by the management plan or community civic event permit.
6. Permitted Alcoholic Beverages and Containers:
a. Alcoholic beverages permitted within the entertainment zone are limited to beer and wine only.
b. Distilled spirits and mixed alcoholic beverages are prohibited. c. Alcoholic beverages shall be served and consumed only in City-approved paper or plastic cups, not exceeding sixteen (16) ounces.
d. Glass, metal, aluminum, or hard plastic containers are prohibited.
Nothing in this subsection authorizes the service or consumption of distilled spirits, mixed drinks, or shots within an Entertainment Zone.
7. Insurance and Indemnity Requirements:
a. Insurance Requirements
Prior to issuance of a community civic event permit authorizing an entertainment zone event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of commercial general liability insurance, at no cost to the City, that complies with all of the following:
1. Coverage shall be at least as broad as ISO Commercial General Liability Form CG 00 01, provided on an occurrence basis, and shall include bodily injury, including death, property damage, and personal injury;
2. The policy limit per occurrence shall be in an amount determined by the City’s Risk Manager;
3. The policy shall cover all losses and damages arising out of or related to the entertainment zone event;
4. The policy shall be endorsed to name the City, its officers, employees, and agents as additional insureds;
5. The policy shall be endorsed to provide that it is primary insurance and that any insurance maintained by the City shall not be called upon to contribute to a covered loss; and
6. The policy shall include a liquor liability endorsement when alcoholic beverages are served or consumed.
b. Required Coverage
Ordinance No. 1930
No person shall conduct or allow an entertainment zone event unless the insurance required by this subsection is in full force and effect for the duration of the event.
c. Indemnification
To the fullest extent permitted by law, the event organizer/permittee and participating businesses shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses of every type and description, including attorneys’ fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permittee, participating businesses, or their officers, employees, contractors, or agents, except to the extent caused by the City’s sole negligence or willful misconduct.
8. Fees and Deposits:
a. A ten-dollar ($10) wristband fee may be required for participation in an entertainment zone event, with proceeds deposited into the Entertainment Zone Fund, or such successor fund as may be designated by the City. b. Collection, accounting, and remittance of such fees shall be governed by administrative procedures established by the City Manager. c. Event organizers shall provide a refundable security and cleanup deposit in the amount of five hundred dollars ($500), subject to use and refund as provided in the management plan.
9. Enforcement and Penalties:
a. Violations of this subsection or the management plan are subject to criminal, civil, and administrative enforcement.
b. Failure to comply with the management plan constitutes a violation of this subsection and may result in suspension or revocation of authorization for the event.
c. Violations are declared a public nuisance.
d. Civil penalties may be imposed in amounts not less than $250 and not more than $25,000 for each day the violation continues.
e. Remedies are cumulative.
10. Biennial Review:
Every two years, the City Manager shall review the operation of entertainment zones in consultation with the Police Department and present findings to the City Council. Reports shall be made available to ABC upon request. The City Manager may also conduct an initial review following the first year of implementation and present findings to the City Council.
11. Severability:
Ordinance No. 1930
If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions.
SECTION 2. Effective Date
This ordinance shall take effect thirty (30) days after its adoption.
PASSED, ADOPTED and APPROVED this 17th day of March, 2026
__________________________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: __________________________________________
Fernando Gabriel-Moraga
Chief Deputy City Clerk