Porterville, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Section 302.02 requires affordable units to be dispersed throughout the community, built to match market-rate units in design, materials, and finish quality, and made available for occupancy on the same schedule as the market-rate units unless the city and developer agree otherwise; granting the bonus alone does not require a General Plan amendment or zoning change. Household income is measured against Tulare County income limits published under Title 25, Section 6932 of the California Code of Regulations, or a City Council-adopted alternative if the state falls behind on updates.

Section 302.03 sets the bonus tiers: twenty percent for a project where ten percent of units serve lower-income households as defined by Health and Safety Code § 50079.5, twenty percent where five percent serve very-low-income households under Health and Safety Code § 50105, twenty percent for a qualifying Senior Citizen Housing Development under Civil Code § 51.3, and five percent where ten percent of condominium or planned-development units serve moderate-income households under Health and Safety Code § 50093. A sliding scale under Government Code § 65915(g) adds one and one-half percent of bonus density for each additional one percent of lower-income units above the ten-percent threshold, up to a maximum thirty-five percent bonus.

Rental projects must record a Regulatory Agreement governing tenant qualification, rent-setting, and an annual report to the city naming each Target Unit occupant's income and rent, while for-sale Target Units must recapture the city's proportionate share of resale appreciation under Health and Safety Code § 33334.2. Breaching that Regulatory Agreement is enforceable under the Development Ordinance's general penalty at § 613.04.