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Series 300 — ADDITIONAL USE AND DEVELOPMENT REGULATIONS›Article 302 — AFFORDABLE HOUSING DENSITY BONUS AND OTHER INCENTIVES

302.07: REVIEW:

Porterville Zoning Code · 2026-07 edition · updated 2026-07-09 · Porterville

A. Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of thirty (30) years or such other term approved by the City, consistent with State law.

B. Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the Zoning Administrator and/or City Attorney, who shall formulate a recommendation to the decision making body for final approval. This agreement shall include, but is not limited to, the following:

  1. Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

  2. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

  3. Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.

  4. Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

  5. Schedule. A schedule for the completion and occupancy of the affordable housing units.

  6. Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

  7. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

  8. Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

  9. Other Provisions. Other provisions to ensure implementation and compliance with this chapter.

  10. Condominium and Planned Developments. In the case of condominium and planned developments, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units: a. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Ordinance.

b. Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.

c. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

ation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

  1. Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:
  • a. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.

b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. (Ord. 1866, 11-19-2019)

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▸ Contents — Porterville Zoning Code
Porterville Zoning Code
  1. Series 100 — INTRODUCTORY PROVISIONS
  2. Series 200 — BASE DISTRICTS
  3. ▸ Series 300 — ADDITIONAL USE AND DEVELOPMENT REGULATIONS
    Overview
    1. Article 300 — GENERAL SITE REGULATIONS
    2. Article 301 — STANDARDS FOR SPECIFIC USES AND ACTIVITIES
    3. ▸ Article 302 — AFFORDABLE HOUSING DENSITY BONUS AND OTHER INCEN…
      Overview
      1. 302.01: PURPOSE:
      2. 302.02: GENERAL PROVISIONS:
      3. 302.03: STATE AFFORDABLE HOUSING DENSITY BONUS:
      4. 302.04: STATE CHILDCARE FACILITY DENSITY BONUS:
      5. 302.05: AFFORDABLE HOUSING CONCESSIONS AND INCENTIVES:
      6. 302.06: APPLICATION REQUIREMENTS:
      7. 302.07: REVIEW:
    4. Article 303 — LANDSCAPING
    5. Article 304 — ON SITE PARKING AND LOADING
    6. Article 305 — SIGNS
    7. Article 306 — PERFORMANCE STANDARDS
    8. Article 307 — NONCONFORMING USES, STRUCTURES, AND LOTS
  4. Series 400 — LAND DIVISIONS
  5. Series 500 — OVERLAY DISTRICTS
  6. Series 600 — ADMINISTRATION AND PERMITS
  7. Series 700 — GENERAL TERMS

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