Agenda packet — Porterville City Council, January 21, 2025 (part 3 of 4)

 That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare or so as to be a nuisance.

11.All signage, permanent and temporary are subject to Chapter 305 of the Porterville Development Ordinance.

12.Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction, 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.

13.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.

14.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.

15.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 parking lot/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.

16.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.

17.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). The sidewalk shall be offset from the curb with a landscape planter in-between the back of curb and front of sidewalk.

18.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.

Resolution No. _____-2025

Page 6 of 7 ends

19.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.

20.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.).

21.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 to compensate the City for dust control inspection; the inspection fees will be calculated based on the Engineer’s Estimate of reasonable cost of the grading project.

22.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.

23.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. The City will bill/credit the owner the difference between the estimated impact fees paid and the actual water usage.

24.The developer/applicant shall underground or move existing utility structures (i.e., poles, splice boxes, vaults, etc.) to a position that provides a minimum of four feet (4') of clear space in the sidewalk area and a minimum of two feet (2') of clear space from the curb face to the structure, unless the utility structures are below grade (Title 24 DSA).

25.The developer/applicant shall provide two 3000K LED streetlights on Marbelite poles at the northwest and southeast corner of the property 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.

26.Plans will need to be submitted either 4 hard copies or e-submittal at [email protected]
Resolution No. _____-2025

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27.Plans will need to comply with electric vehicle charging stations based on the 2022 Cal Green Code section 5.106.5.3, 5.106.5.3.1, table 5.106.5.3.1, 5.106.3.2. The chargers do not have to be located in the new parking area and can be closer to the front entrance. For accessible EV stalls would need to comply with CBC 11B 228.3

28.Plans will need a breakdown of the existing split parking areas and existing ADA accessible stalls in each of those areas to determine if additional accessible stalls because of the new parking lot will be required. If additional accessible stalls are required they would need to be located closer to the front entrance and meet current codes based off of the 2022 CBC. FYI the existing accessible stalls do not meet Code so adding some in that location will not work.

29.A back-flow device is required on the water meter.

30.The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

PASSED, APPROVED, AND ADOPTED this 21st day of January, 2025. ____________________________
Greig Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: __________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

POPLAR AVENUE
APN 268-021-001

POINT OF BEGINNING
N1/4 COR. SEC. 3-22-27 EXISTING CITY LIMITS
STATE HIGHWAY 190
APN 268-021-031
APN 268-021-002
APN 268-021-004 APN 268-021-032
APN 268-021-005
APN 268-021-007
APN 268-021-026 APN 268-021-009
APN 268-021-006
APN 268-060-038
APN 268-060-037
APN 268-060-036
APN 268-060-035
APN 268-060-034
APN 268-060-033 APN 268-060-020 CRYSTAL STREET PROSPECT STREET S00°13'32"W 220.96 S00°46'09"W 232.44 S89°51'54"W 160.09
N00°46'09"E 404.91
L=136.90
Δ=1°32'45" R=5074.00
N30°13'32"E 44.05
1 40'
60'
60'
2 87.5'
SOUTH LINE OF LOT 1, TRACT NO.
24, VICTORY GARDEN ACRES, NO. 3
3 4
5 N05°18'17"W (R)
N03°45'32"W (R)
6 APN 259-030-011 APN 259-270-004
EXISTING CITY LIMITS 40'
EAST LINE OF DEED, REC. IN
BK. 2580, PG. 303, O.R.T.C.R.
50 25 50 100
1 INCH = 50 FT.

GRAPHIC SCALE
0 NORTH
A PORTION OF LOT 1 OF TRACT NO. 24, VICTORY GARDEN ACRES, NO. 3, RECORDED IN VOL. 19 OF MAPS, AT PG. 58, T.C.R., SITUATED IN THE NW1/4 OF SECTION 3, TOWNSHIP 22 SOUTH, RANGE 27 EAST, M.D.B. & M. AND A PORTION OF STATE HIGHWAY 190, SITUATED IN THE SW1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 27 EAST, M.D.B. & M., IN THE COUNTY OF TULARE, STATE OF CALIFORNIA.

CITY OF PORTERVILLE
ANNEXATION NO. 2024-__
LEGEND:

PROPOSED CITY LIMITS
ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.

AREA TO BE ANNEXED

EXISTING CITY LIMITS
MARCH 2024

VICINITY MAP
1 COURSE NUMBER
ANNEXATION TO THE CITY OF PORTERVILLE AND DETACHMENT FROM CSA # NORTH

PORTERVILLE, CA
SUBJECT PROPERTY S. WESTWOOD ST.

W. SCRANTON AVE.

W. OLIVE AVE.

TULE RIVER
W. SPRINGVILLE AVE. RD. 232 PROSPECT ST. S. INDIANA ST. S. JAYE ST.

POPLAR DITCH
190
65 All properties requesting annexation or extraterritorial services are subject to the procedures established below unless otherwise stated. Compliance with City of Porterville procedures does not guarantee approval by LAFCo of annexations or extra-territorial service agreements. Upon request for an annexation or extraterritorial services request, staff will evaluate whether the applicant’s property is within the City’s Urban Development Boundary or Urban Area Boundary and explain the process.

ANNEXATION APPLICATION PROCEDURE

1. A complete annexation application packet includes: fees, an Irrevocable Agreement to Annex, information as needed to define a deed restriction specific to land use and zoning, Application for Annexation, and other materials as required with those applications respectively.

2. On receipt of an application as outlined above, all materials will be considered by the Project Review Committee, who will coordinate in a pre-consultation process with LAFCO staff and the County Public Works Department for review and recommendation.

3. During review by the Project Review Committee of the necessary application and data, staff will prepare a report and findings on all aspects of the proposed action(s).

4. An environmental document will be prepared pursuant to the California Environmental Quality Act (CEQA), reviewing the potential environmental effect of the proposed activities. The Zoning Administrator will make an initial determination of the level of environmental review required.

5. After proper noticing, a public hearing will be held for the City Council to hear comments related to the project at a regularly scheduled meeting. The Council will authorize staff to initiate the application with LAFCo. Documents will be filed in accordance with the Cortese-Knox-Hertzberg Act of 2000, as amended, and submitted to the Local Agency Formation Commission for its review, recommendation and action.

6. On consummation by the City Council, the City Clerk shall submit the necessary materials to the State Board of Equalization with the appropriate acreage fees, which are paid by the Applicant.

7. In the event the annexation fails, either by dissenting votes of the City Council or at hearing at LAFCo, the City Council may approve an extraterritorial service agreement within the Urban Development Boundary, subject to conditions identified in the deed restriction.

ANNEXATION EXEMPTION PROCEDURE
Where a certain property meets all of the following criteria, they may proceed with an Extraterritorial Service Agreement for water or storm-water drainage without first attempting annexation, subject to the conditions of Extraterritorial Service Agreements as defined below.

1. Previously developed single family residences on parcels 24,999 square feet or smaller, OR a school developed by a State funded school district.

2. The parcel requesting services must be immediately adjacent to a municipal main providing the requested service, or the property owner shall provide for the extension of the main line to City standards at their expense.

EXHIBIT A

EXTRATERRITORIAL SERVICES APPLICATION

PROCEDURE
Extraterritorial Service connections may be made subject to the following conditions. Note specific parameters and the required findings for connections in the Urban Development Boundary and the Urban Area Boundary.

1. Application: A complete extraterritorial services application packet includes: fees, an Irrevocable Agreement to Annex, information as needed to define a deed restriction specific to land use and zoning, and other materials as required with those applications respectively.

2. General Plan Consistency:
a. Proposed Uses and Improvements: Service connections are to be withheld from proposed uses and improvements that would not be consistent with the adopted Land Use Element of the Porterville Area General Plan and the City of Porterville General Plan.
b. Existing Uses and Improvements: Service connections to existing uses and improvements which are not consistent with the adopted Land Use Element of the Porterville Area General Plan and the City of Porterville General Plan shall be considered at the discretion of the City Council, and may be subject to other restrictions.

3. Agreements and covenants:
a. A deed restriction specific to land use and zoning must be approved by the property owner and the City Council, and recorded with the County of Tulare upon the property, at the applicant’s cost.
b. An irrevocable agreement to annex must be signed by the property owner and recorded with the County of Tulare upon the property, at the applicant’s cost.

4. Time limitations: The City Manager or his designee, or the City Council may condition the approval of applications for service connections by establishing a time frame within which connections must be made to avoid re-application.

5. Improvement Plans: Applications for service connections, which necessitate the extension of one or more municipal facilities to property in order to make such connections, shall be conditioned by the City Manager or his designee, or the City Council to require that Construction Drawings of the intended public improvements be submitted to the City Engineer for plan check and approval. Costs incurred for the preparation of improvement plans, and certain off-site construction and/or installation costs related to extending facilities, shall be the responsibility of the applicant.

6. Fees: Prior to the issuance of a Connection Permit, payment must be made to the City of Porterville of all fees pertinent to the respective service connection, or connections, approved by the City Manager or his designee, or the City Council.

Within the Urban Development Boundary:

For connection of water or storm-water facilities, the requesting party must fully fund the extension of infrastructure if it does not already exist in order to connect. The City of Porterville Wastewater Facility is a regional facility and as such, an extraterritorial service request cannot be denied; however, the requesting party must fund a fair share of the extension of infrastructure if it does not already exist in order to connect. Contract services for police, fire, or building inspection services shall be approved by resolution of the City Council.

For connection of water or storm-water facilities, the following findings must be made in order for the Council approve an extraterritorial service connection:
 That the subject property is a previously developed single family residence on a parcel 24,999 square feet or smaller, OR a school developed by a State funded school district.  That failure to connect to municipal services would result in a threat to public health or safety of affected residents.
 That connection of the subject property would not result in a negative impact to the City of Porterville water and/or storm-water system.
 That the subject property is not within an island as defined by Tulare LAFCo.  That an attempt to annex the subject site is not realistic given current city limit boundaries.

Specifically, the parcel is too far removed from the city limit, and/or the number and valuation of adjacent parcels would result in a failed annexation effort.

Within the Urban Area Boundary:

EXEMPTIONS AND EXCEPTIONS

1. PVPUD: Connections to Porterville Regional Sewage Treatment Facilities serving uses and improvements to property within the boundaries and jurisdiction of the Porter Vista Public Utility District (PVPUD) are exempted from application to the City of Porterville. Interested parties should contact the PVPUD for information on connection requirements and fees pertaining to sewer services. This exemption does not apply to requests for connection to Municipal Water and/or Master Storm Drain Facilities.

2. PRIOR APPROVALS: Porterville City Council approval of requests for connection to Regional Sewage Treatment, Municipal Water and/or Master Storm Drain Facilities as authorized prior to the adoption and effective date of the respective policies set forth herein shall remain valid and in force according to the terms and conditions initially specified at the time of approval, and re-application will not be required.

3. PROPERTIES WITHIN THE EAST PORTERVILLE FEASIBILITY STUDY PROJECT AREA: The California State Water Resources Control Board, in coordination with the Department of Water Resources Drought Task Force, is charged with preparing a feasibility study to define a long-term solution to the water related issues in East Porterville. Properties within that boundary would be permitted to apply for connection, whether in association with DWR, SWRCB, or at a later date, on their own. Such connections would be subject to the mandatory findings as outlined in this procedure, with the following exceptions:
 Rather than require that the subject property be a developed single-family residence on a parcel 24,999 square feet or smaller, neither the land use nor the parcel size would be restricted neither the land use nor the parcel size would be restricted for legal and legal non-conforming structures and land uses existing as of April 29, 2016.
 Further, properties within certain islands in the EPFS Project Area would not be required to annex prior to connection. This exception does not limit the City of Porterville’s authority to pursue annexation in the future, but rather waives the requirement that annexation must be approved prior to connection.

Legend
Water Services Needed In PVPUD Service Area (1)
WaterServicesNeededInPVPUDServiceAreaParcels (1,822)
PVPUD_boundary (1)
UDB (1)
CityLimits (1)
Existing Water Mains
East Porterville Properties

EXHIBIT B

Item No. 20.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Extra Mile Chevron Modification of Conditional Use Permit (CUP) SOURCE: Community Development
COMMENT: At its meeting on October 19, 2021, the City Council approved Conditional Use Permit No. PRC 2020-027-C (Resolution No. 62- 2021) to facilitate the development of a Chevron automobile service station including an Extra Mile convenience store with alcohol sales under a Type 20 Off-sale alcohol license and a drive-thru car wash facility located at 1043 W. Olive Avenue.

BACKGROUND: The applicant, at this time, is requesting a modification to Conditional Use Permit (CUP) PRC 2020-027-C to upgrade from a Type 20 Offsale alcohol license to a Type 21 Off-sale alcohol license in order to allow for the sale of beer, wine, and distilled spirits for the Extra Mile Chevron located at 1043 W. Olive Avenue. The project is located in the CG (General and Service Commercial) Zone District and has a General Plan Land Use Designation of General and Service Commercial. Section 301.02 of the Porterville Development Ordinance requires a Conditional Use Permit for any use involving the sale of alcoholic beverages.

The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 36.02 and allows for six (6) On-sale and seven (7) Off-sale licenses without being deemed over-concentrated. Census Tract 36.02 currently contains seven (7) On-Sale licenses and eleven (11) Off-sale licenses for alcohol sales. Approval of the requested modification to CUP (PRC 2020-027-C) would not change the number of Off-sale licenses within the census tract, as it would be an upgrade from an existing Type 20 Off-sale alcohol license. The hours of operation during which alcoholic beverages would be sold shall be limited to 6:00 a.m. – 2:00 a.m. and any amendment to business hours that would modify this condition will be subject to a modification of this Conditional Use Permit.

ANALYSIS: The subject site is consistent with the General Plan Land Use Item No. 20.

Designation and Zoning Standards for CG (General and Service Commercial). The CG designation is intended to provide areas for retail and services uses that meet local and regional demand. The current use of a convenience store with alcohol sales would suit the purpose of the zone designation. The convenience store is a permitted use in the CG Zone District and the sale of alcohol under a Type-21 Off-sale alcohol license will require the modification to the existing CUP (PRC 2020-027-C).

Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:

A. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.

The project will further the following General Plan policies:
• LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city. • ED-G-2: Retain, improve, and promote existing businesses in Porterville.
• ED-G-5: Retain existing local businesses and foster local start-ups.

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance and with any other applicable plan adopted by the City Council.

While the existing use of a convenience store with a service station and a Type 20 Off-sale alcohol license is permitted under CUP (PRC 2020-027-C), the change in the alcohol license to a Type 21 Off-sale is permitted with a modification to the existing CUP. Furthermore, the change in the alcohol license to a Type 21 Off-sale is allowed within the CG zone, the implementing zone for the General and Service Commercial and is therefore consistent with the General Plan.

Staff recommends the approval of the requested Modification No. 1 of Conditional Use Permit (PRC 2020-027-C) for the Extra Mile Chevron to upgrade from a Type 20 Off-sale alcohol license to a Type 21 Off-sale license, subject to conditions.

ENVIRONMENTAL
REVIEW:

On December 18, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to Section 15301 Item No. 20.
(Existing Facilities) of the California Code of Regulations (CEQA Guidelines), as the project does not propose any physical modification or expansion of the facility and includes only a negligible increase to an approved operational parameter (i.e., the change of ABC License Type).

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing to receive public comments;
and

2. Find the proposed project exempt from the California Environmental Quality Act Pursuant to Section
15061(b)(3) of the California Code of Regulation;
and

3. Adopt the draft resolution approving Modification No. 1 to Conditional Use Permit (PRC 2020-027-C) for a
Type 21 Off-sale alcohol license, subject to
conditions of approval.

ATTACHMENTS: 1. Locator Map

2. Census Tract 36.02

3. Resolution No. 62-2021

4. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

RESOLUTION NO. ____ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVAL OF MODIFICATION NO. 1 OF CONDITIONAL USE PERMIT NO. PRC 2020-027-C TO UPGRADE FROM A TYPE 20 OFF-SALE ALCOHOL LICENSE TO A TYPE 21 OFF- SALE ALCOHOL LICENSE FOR EXTRA MILE CHEVRON, LOCATED AT 1043 W. OLIVE AVENUE WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of January 21, 2025, conducted a public hearing to consider Modification No. 1 to Conditional Use Permit PRC 2020-027-C (Resolution No. 62-2021) to upgrade from a Type 20 Off-Sale alcohol license to a Type 21 Off-Sale alcohol license for Extra Mile Chevron, located at 1043 W. Olive Avenue; and
WHEREAS: On January 10, 2025, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for January 21, 2025, and similar notices were sent to owners of property within 500 feet radius of the site and posted at City Hall and the City’s website announcing the same; and WHEREAS: On October 19, 2021, the City Council of the City of Porterville conducted a public hearing and adopted Resolution No. 62-2021 approving Conditional Use Permit (PRC 2020-027-C), to allow for the development of a Chevron automobile service station including an Extra Mile convenience store with alcohol sales under a Type 20 Off-sale alcohol license and a drive-thru car wash facility; and WHEREAS: On January 21, 2025, the City Council opened a public hearing to consider Modification No. 1 of Conditional Use Permit PRC 2020-027-C, for Extra Mile Chevron, in response to the applicant’s request to upgrade from a Type 20 Off-sale alcohol license to a Type 21 Off-sale in order to allow for the sale of beer, wine, and distilled spirits for the Extra Mile Chevron; and
WHEREAS: On December 18, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to §15301 Existing Facilities; and WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Modification of Conditional Use Permit (PRC 2020-027- C); and
WHEREAS: Section 301.02 of the Porterville Development Ordinance requires Conditional Use Permit approval for any use involving the sale of alcoholic beverages under an on-sale or off-sale license; and
WHEREAS: The City Council made the following findings:

1. That the applicant shall operate the establishment in such a manner as to preserve the public safety, health and welfare, to prevent the use from becoming a nuisance and operate the business in compliance with all laws, ordinances and regulations regarding the sale of alcohol. In the event that this or any other condition of approval is violated, the City Council may modify or revoke the Conditional Use Permit as provided in Section 601.10 of the Porterville Development Ordinance.

Resolution No. ____-2025

Page 2 of 3 ends

2. The subject site is consistent with the General Plan Land Use Designation and Zoning Standards for CG (General and Service Commercial).

3. The CG Land Use Designation is intended to provide areas for retail and services uses that meet local and regional demand. The current use of a convenience store with alcohol sales would suit the purpose of the zone designation. The convenience store is a permitted use in the CG Zone District and the sale of alcohol under a Type-21 Off-Sale alcohol license will require the modification to the existing Conditional Use Permit (PRC 2020-027-C).

4. The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301, Existing Facilities.

5. The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 36.02 and allows for six (6) On-sale and seven (7) Off-sale licenses without being deemed over-concentrated. Census Tract 36.02 currently contains seven (7) On-Sale licenses for alcohol sales and eleven (11) Off-Sale licenses for alcohol sales. Approval of the requested modification to Conditional Use Permit (PRC 2020-027-C) would not change the number of Off- sale licenses within the census tract, as it would be an upgrade from an existing Type 20 Off-Sale alcohol license.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve Modification No. 1 to Conditional Use Permit (PRC 2020- 027-C), subject to the following conditions:

1. The development shall comply with conditions from Conditional Use Permit (PRC 2020-027-C) as outlined in Resolution No. 62-2021.

2. No advertisement of alcoholic products shall be displayed and/or viewed from the outside of the building.

3. The on-site consumption of alcoholic beverages shall be prohibited.

4. The use shall be conducted in compliance with all applicable local, state and federal regulations.

5. The Modification No. 1 to Conditional Use Permit shall become null and void if not actively and continuously undertaken within one (1) year.

6. Upon approval of the Conditional Use Permit, any future change in operation which substantially alters the conditions or nature of the subject business will require approval by the City Council. Further, any future violations of regulations of the codes relating to the sales or consumption of alcohol, and/or excessive service calls by the Police Department resulting from the sales of alcohol may result in revocation of the Conditional Use Permit.

7. Approval of the Conditional Use Permit Modification No. 1 by the City Council, shall expire two (2) years after the date of approval if the Off-sale alcohol license is not actively pursued. The City Council may approve a one (1) year extension of any permit or approval granted under this ordinance upon receipt of a written application with the required fee before the permit expires, pursuant to Section 601.08 of the Porterville Development Ordinance.

Resolution No. ____-2025

Page 3 of 3 ends

8. The applicant shall operate the establishment in such a manner as to preserve the public safety, health and welfare, to prevent the use from becoming a nuisance and operate the business in compliance with all laws, ordinances and regulations regarding the sale of alcohol. In the event that this or any other condition of approval is violated, the City Council may modify or revoke the Conditional Use Permit as provided in Section 601.10 of the Porterville Development Ordinance.

9. Pursuant to Section 601.10(d) the City Council may revoke the permit if it makes any of the following findings:
• That approval was obtained by means of fraud or misrepresentation of a material fact;
• That the use in question has ceased to exist or has been suspended for one (1) year or more;
• That there is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this ordinance, law or regulation; or • That the use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare or so as to be a nuisance.

10.The hours of operation during which alcoholic beverages may be sold shall be limited to 6:00 a.m. – 2:00 a.m. Any amendment to business hours that would modify this condition will be subject to a modification of this permit.

11.All activities associated with the proposed use shall be exclusively confined to the interior of the building to the extent permitted by the California Department of Alcohol Beverage Control.

PASSED, APPROVED AND ADOPTED this 21st day of January, 2025. ____________________________
Greg Meister, Mayor ATTEST:

Jason Ridenour, Interim City Clerk
By _________________________________
Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk Item No. 21.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Approval of the Analysis of Impediments to Fair Housing Choice and Citizen Participation Plan
SOURCE: Community Development
COMMENT: As a recipient of federal funding, the City of Porterville is required to conduct an Analysis of Impediments (AI) to Fair Housing Choice every five years. The prior AI was adopted in 2020, which covers the period of 2020-2021 through 2024-2025.

The draft AI is an assessment of how laws, governmental policies, real estate practices, and local conditions may affect the location, availability, and accessibility of housing. The analysis of their impact on housing choice can highlight areas where actions might broaden the housing options of persons protected by fair housing laws.

The review and assessment have identified four (4) goals and recommendations to reduce impediments to fair housing choice. The list below represents the new recommendations for the City of Porterville to affirmatively further fair housing and reduce and/or eliminate impediments to Fair Housing Choice. Although many of the goals mentioned below are already addressed in some way by the City, this document identified how those processes can be strengthened and/or new strategies that can be used/implemented to reduce impediments to fair housing choice. Additionally, this document helps in the development of priorities of the Community Development Block Grant 5- year Consolidated Plan.

Goal 1: Provide consistent and even Fair Housing services, outreach, and support to all citizens and program applicants.

Recommendations:
• Translate the City’s Community Development Block Grant (CDBG) webpage and vital HUD-funded program documents into Spanish. Make informational pamphlets and Fair Housing
brochures available for LEP individuals. Ensure sub-recipients have Spanish-translated documents.
• Continue to provide citizens with consistent Spanish translation services. Continue to utilize a test to certify employees so that Item No. 21.
quality translation services are available to limited English proficiency (LEP) individuals.
• Continue to work with Community Partners to promote the County’s HUD-funded programs to the Hispanic community. Find new potential partners to provide notice of the availability of language assistance services to external stakeholders through outreach initiatives, social media, and web page presence Goal 2: Track activities Citywide that provide information and education about fair housing resources and activities. Implement a streamlined process for addressing fair housing complaints and record-keeping.

Recommendations:
• The City of Porterville Staff should track and document all fair housing activities, educational training, and programs that occur in their jurisdiction each program year.
• Centralize the tracking of fair housing complaints to only one or two designated places for efficient record-keeping and follow-up. • Establish a warm handoff protocol with local Legal Aid and HUD to facilitate the seamless transfer of fair housing complaints. • Develop a standardized system for recording and monitoring fair housing complaints to ensure thorough documentation and timely resolution.
• Provide training opportunities for employees to create a systematic conduit that functions to funnel these
complaints/concerns to the proper channels.
• These documents should be systematically cataloged and stored in a designated place to ensure accessibility and transparency.

This designated folder needs to be available to HUD.

Goal 3: Identify areas with zoning restrictions that may hinder affordable housing development.

Recommendations: Research and analyze current zoning requirements and regulations regarding affordable housing development. Work to amend the Zoning Code to facilitate the development of various housing types.
• Propose amendments to zoning regulations to allow for more flexibility in affordable housing development.
• Collaborate with community stakeholders to gather input and support for potential zoning changes.
• Educate city officials and decision-makers about the benefits of modifying zoning requirements to promote affordable housing. • Explore incentive programs and partnerships to encourage Item No. 21.
developers to prioritize affordable housing within existing zoning frameworks.
• Communicate progress and updates to the public to foster transparency and awareness.

Goal 4: To establish an efficient and transparent complaint management system.

Recommendations:
• Provide comprehensive training opportunities for employees to create a systematic conduit for channeling complaints and concerns to the appropriate channels. This includes tracking responses and resolutions to ensure that all complaints are promptly addressed. Implementing this system can improve visibility and transparency in the complaint management process. • By tracking participants and applicants, the City can assess whether they represent a diverse cross-section of the community, mainly focusing on those in federally protected classes. This can help to ensure that our processes are inclusive and fair to all individuals.

The attached Draft AI is currently under a 30-day comment period, which began on December 20, 2024, and concludes with this public hearing (January 21, 2025), was opened to allow the public to review the AI and provide comments. At the time of the writing of this staff report, no written comments have been received, however if any are received during this public hearing or after the publishing of this staff report, those will be addressed and if appropriate, incorporated into the document. If Council adopts the draft AI, it will then be submitted to the Department of Housing and Urban Development.

Additionally, in preparation for the development of the 2025-2029 FiveYear Consolidated Plan and first year (25/26) Annual Action Plan (AP) to be submitted to the federal Department of Housing and Urban Development (HUD), staff has prepared for the Council's consideration of the Citizen Participation Plan (CPP.)
HUD requires each jurisdiction that receives formula grants through its Community Development Block Grant (CDBG) Program to prepare and adopt a Citizen Participation Plan, which provides guidelines for the participation of residents in determining the use of CDBG funds. This Plan is reviewed annually for necessary revisions prior to City Council’s adoption of the CDBG Action Plan. In 2020, the Citizens Participation Plan was developed by The Ramsey Group Consultants and is in compliance with federal regulations. The current CPP is attached reflecting only minor revisions as necessary to update contact Item No. 21.
information and dates. Additionally, the tentative Citizens’ Advisory and Housing Opportunity Committee Participation Plan Schedule is attached.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing on the proposed 2025
Analysis of Impediments to Fair Housing Choice;

2. Adopt the draft Resolution approving the 2025 Analysis of Impediments to Fair Housing Choice;

3. Adopt the draft Citizen Participation Plan; and

3. Authorize the City Manager to execute all necessary
documents and further authorize the City Manager to be
authorized to make any augmentation, modification,
additions or revisions as may be necessary to conform to the requirements of the Department of Housing and Urban Development.

ATTACHMENTS: 1. Draft Resolution

2. Draft 2025 Analysis of Impediments to Fair Housing
Choice (Exhibit A to Resolution)

3. Draft Citizen Participation Plan

4. CPP Schedule
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 2 ends

RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE,

ADOPTING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE WHEREAS, the City Council of the City of Porterville, at its regular scheduled meeting of January 21, 2025, conducted a public hearing to receive comments on the Draft Analysis of Impediments to Fair Housing Choice; and WHEREAS, the Fair Housing Act of 1968, provides for fair housing throughout the country and prohibits any person from discriminating in the sale, rental, or financing of housing; and
WHEREAS, the City of Porterville receives federal Community Development Block Grant funds from the U.S. Department of Housing and Urban Development; and WHEREAS, the City has updated an Analysis of Impediments to Fair Housing that outlines the City’s strategy to affirmatively promote equal housing opportunity and remove impediments to fair housing choice; and
WHEREAS, the City of Porterville has consistently supported the concept of the provision of fair housing for its residents without regard to race, color, religion, sex, national origin, handicap, or familial status; and
WHEREAS, the purpose of the Analysis of Impediments is to provide essential, specific, and detailed information and data to municipal officials, staff, policy makers, housing developers, lenders, and fair housing advocates, and to help build public support for fair housing efforts; and
WHEREAS, the report represents the City of Porterville’s efforts in making an objective assessment of the nature and extent of fair housing concerns in the City as well as the potential impediments to making fair housing choice available to its residents.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve and adopt the Analysis of Impediments to Fair Housing Choice as provided in Exhibit “A.”
Resolution No. ____-2025

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 21st day of January, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: __________________________________
Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk 1 DRAFT
City of Porterville
Analysis of Impediments to Fair Housing
Choice
2025

TABLE OF CONTENTS

INTRODUCTION AND EXECUTIVE SUMMARY
Executive Summary 3
Who Conducted 9
Methodology 10
Funding 10
Conclusions 11
JURISDICTIONAL BACKGROUND DATA 14
Demographic Data 15
Employment Data 27
Housing Profile 36
EVALUATION OF CITY OF PORTERVILLE’S CURRENT FAIR HOUSING

LEGAL STATUS
45 HUD – Office of Fair Housing and Equal Opportunity (FHEO) 46 A Brief Overview of the Fair Housing Act 47
Reasonable Accommodations and Modifications 54
Fair Housing Assistance Program (FHAP) 57
Fair Housing Initiatives Program (FHIP) 61
City of Porterville Housing Survey 68
Sampling of comments from the Porterville Community Survey 69 IDENTIFICATION OF IMPEDIMENTS TO FAIR HOUSING CHOICE 70 Public Sector 71
Private Sector 74
Public and Private Sector 76

ASSESSMENT OF CURRENT PUBLIC AND PRIVATE FAIR HOUSING

PROGRAM
78 HUD Five-Year Consolidated Plan
CONCLUSIONS AND RECOMMENDATIONS 80
Impediments to Fair Housing Choice and Action Steps 80
SIGNATURE FOR CITY OF PORTERVILLE 81
Porterville Analysis of Impediments to Fair Housing Choice 2025 Introduction and Executive Summary
Executive Summary
The City of Porterville receives an annual allocation from the US Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) program. In program year 2024, the City’s CDBG entitlement grant was $710,793.

Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, requires HUD and recipients of federal funds from HUD to affirmatively further the policies and purposes of the Fair Housing Act, also known as “affirmatively further fair housing” or “AFFH.” The obligation to affirmatively further fair housing requires recipients of HUD funds to take meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics, which are:
• Race
• Color
• National Origin
• Religion
• Sex
• Familial Status
• Disability
Generally, in administering programs and activities relating to housing and community development, the federal government, HUD, and its recipients must:
• Determine who lacks access to opportunity and address any inequity among protected class groups
• Promote integration and reduce segregation
• Transform racially or ethnically concentrated areas of poverty into areas of opportunity
The CDBG program contains a regulatory requirement to affirmatively further fair housing based upon HUD’s obligation under Section 808 of the Fair Housing Act.

HUD defines impediments to fair housing choice as:

1. Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin which restrict housing choices or the availability of housing choices.

2. Any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices based on race, color, religion, sex, disability, familial status, or national origin.

Porterville Analysis of Impediments to Fair Housing Choice 2025 The CDBG regulation also reflects the CDBG statutory requirement that grantees certify that they will affirmatively further fair housing. HUD’s goal is to expand mobility and widen a person’s freedom of choice.

California Fair Housing Laws
The California Department of Fair Employment and Housing (DFEH) was established as an independent department of the State in 1980 that holds responsibility for protecting California residents from discrimination and hate violence in employment and housing and public accommodation. In 2022 DFEH underwent a major transformation changing its name to The California Civil Rights Department (CRD). which more accurately reflects the scope of jurisdiction of CRD’s and the Council’s regulatory and non-regulatory work.

Statutory mandate calls for implementation and enforcement of the following fair housing laws:

California Fair Employment and Housing Act (FEHA): In addition to the protected classes identified under the federal government’s Fair Housing Act, FEHA requires that the following classes also be protected from employment discrimination in the State of California “because of:

1. Race

2. Color

3. Religion (includes religious dress and grooming practices)

4. Sex/gender (includes pregnancy, childbirth, breastfeeding, and/ or related medical conditions)

5. Gender identity, gender expression

6. Sexual orientation

7. Marital Status

8. Medical Condition (genetic characteristics, cancer or a record or history of cancer)

9. Military or veteran status

10.National origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law)

11.Ancestry

12.Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)

13.Genetic information

14.Request for family care leave

15.Request for leave for an employee’s own serious health condition

16.Request for Pregnancy Disability Leave

17.Retaliation for reporting patient abuse in tax-supported institutions

18.Age (over 40)

19.Source of Income

20.Arbitrary Characteristics
Porterville Analysis of Impediments to Fair Housing Choice 2025 State and local fair housing laws
These laws include the following:
• California Fair Employment and Housing Act (FEHA) (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2)
• FEHA Regulations (California Code of Regulations (CCR), title 2, sections 12005- 12271)
• Government Code section 65008 covers actions of a city, county, city and county, or other local government agency and makes those actions null and void if the action denies an individual or group of individuals the enjoyment of residence, landownership, tenancy, or other land use in the state because of membership in a protected class, the method of financing, and/or the intended occupancy. • For example, a violation under Government Code section 65008 may occur if a jurisdiction applied more scrutiny to reviewing and approving an affordable development as compared to market-rate developments, or multifamily housing as compared to single family homes.
• Government Code section 65008, subdivision (e), authorizes preferential treatment of affordable housing.
• Government Cde §8899.50 requires all public agencies to administer programs and activities relating to housing and community development in a manner to affirmatively further fair housing and avoid any action that is materially inconsistent with its obligation to affirmatively further fair housing. • Government Code §11135 et seq. requires full and equal access to all programs and activities operated, administered, or funded with financial assistance from the state, regardless of one’s membership or perceived membership in a protected class.
• Density Bonus Law (Gov. Code, §65915.)
• Housing Accountability Act (Gov. Code, § 65589.5.)
• No-Net-Loss Law (Gov. Code, § 65863)
• Least Cost Zoning Law (Gov. Code, § 65913.1)
• Excessive subdivision standards (Gov. Code, § 65913.2.) • Limits on growth controls (Gov. Code, § 65302.8.)
• Housing Element Law (Gov. Code, § 65583, esp. subds. (c)(5), (c)(10).) The City of Porterville ensures compliance with these laws through the City’s daily operations and HUD program administration. Generally, in administering programs and activities relating to housing and community development, the federal government, HUD, and its recipients must:
• Determine who lacks access to opportunity and address any inequity among protected class groups
• Promote integration and reduce segregation
• Transform racially or ethnically concentrated areas of poverty into areas of opportunity
Porterville Analysis of Impediments to Fair Housing Choice 2025 • Unruh Civil Rights Act (Unruh Act): The Unruh Act protects individuals from discrimination in business establishments in California, to include housing and public accommodations on the basis of “sex, race, color, religion, ancestry, national origin, disability, or medical condition.” Specifically, the Unruh Act prohibits arbitrary discrimination associated with personal characteristics or traits in an individual or family’s efforts to obtain housing.
• Disabled Persons Act: Under California Civil Code §54(a) (1), individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.

Ralph Civil Rights Act (Ralph Act): The Ralph Civil Rights Act prohibits hate violence against individuals on the basis of race, ethnicity, religious affiliation, gender, age, disability, sexual orientation, or political affiliation and provides civil and administrative remedies for victims protected under these classes. The Ralph Act is intended to protect individuals from hate and impose criminal penalties on violators.

As discussed below, DFEH is also responsible for administering the Bane Civil Rights Act and three California government code sections aimed at protecting individuals from housing discrimination.
• Bane Civil Rights Act (Bane Act): The Bane Act prohibits violence or threat of violence against individuals on the basis of “race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or position in a labor dispute.” It is intended to ensure that Californians do not experience force or threat of force; protects equal access to housing for residents; and imposes criminal penalties on violators. California Government Code Sections 111135, 65008, and 65589.5 are also intended to protect individuals from discriminatory practices under state-funded programs and activities and land use negotiations As a result, the City of Porterville is required to:
• Conduct an analysis to identify impediments to fair housing choice within the jurisdiction;
• Take appropriate actions to overcome the effects of any impediments identified through the analysis;
• Maintain records reflecting the analysis and activities taken in this regard. • Porterville is dedicated to implementing these objectives and will:
• Analyze and work to eliminate housing discrimination in the jurisdiction; • Form policy to better support fair and equitable housing; • Promote fair housing for all persons;
• Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability, and national origin; Porterville Analysis of Impediments to Fair Housing Choice 2025 • Promote housing that is structurally accessible to and usable by all persons, particularly persons with disabilities; and
• Foster compliance with the nondiscrimination provision of the Fair Housing Act.

Although the City’s obligation arises in connection with the receipt of Federal funding, its fair housing obligation is not restricted to the design and operation of HUD-funded programs at the local level. The fair housing obligation extends to all housing and housing-related activities in City of Porterville’s jurisdictional area, whether publicly or privately funded.

This report provides the City of Porterville with a roadmap to enable the City to address and remedy any challenges that residents may experience that impact their access to fair and affordable housing.

The goal of the City in conducting the Assessment of Impediment to Fair Housing Choice (AI) is not only to identify and provide solutions to barriers and impediments to fair housing but also to provide a structure for ongoing dialogue, relationships, and greater housing choice throughout the community. Open communication and strong relationships are necessary to ensure a continuous exchange of ideas, concerns, analysis, and evaluation.

Public Engagement In addition to collecting quantitative data for this report, the City actively established relationships with community residents, organizations, agencies, and businesses to gather qualitative input on fair housing issues. To ensure broad citizen representation in the preparation of this Analysis of Impediments to Fair Housing Choice, the City, in collaboration with The Tulare Region Multi-Jurisdiction Housing Element, designed and administered a community housing needs survey. The community needs survey was distributed to residents, workers, service providers, and businesses of the City.

Much of the survey data helped to inform the 2024 Analysis of Impediments to Fair Housing Choice.

This process involved hosting community forums and conducting small group interviews to understand the concerns and ideas of residents, service providers, and representatives of organizations, agencies, and businesses related to fair housing choices within the City.

Summary of Citizen Participation Process
Community and Stakeholder Forums
The City organized a community workshop on May 23, 2023, as part of its efforts to gather information for the Tulare County Regional Housing Element. An online survey solicited input on housing needs and preferences. The survey was available in English and Spanish on the Housing Element website from February 6 to March 16, 2023, and 129 responses were received (125 in English and four in Spanish). The City also conducted a series of stakeholder interviews with service providers, community organizations, and affordable and market-rate housing developers between May 21 and April 4, 2023.

Porterville Analysis of Impediments to Fair Housing Choice 2025 The City held a community workshop on May 23, 2023. An online survey was available in both English and Spanish on the Housing Element website from February 6 to March 16, 2023. The City also participated in a series of stakeholder interviews with service providers, community organizations, and affordable and market-rate housing developers held between May 21 and April 4, 2023. Porterville utilized the following notification methods during the Housing Element update process to engage a diverse array of community members:
• Posts to the City’s Facebook and Instagram accounts and the City’s website announcing the housing needs survey.
• Hard copies of the survey were placed in City Hall and the library. • A press release notifying the community about the Housing Element. • Emails to community organizations to request assistance with sharing the survey • Tabling at Pioneer Days, handing out Surveys and housing information. • The survey is live on the website and available through stakeholders and outreach events.

Community Workshop
Community members and service providers supplied first-hand insight into fair housing issues and concerns. City members found that the following themes emerged as important:
• There is a need for more affordable housing in the city, particularly accessible, affordable housing for residents with disabilities and housing for all income levels. • Participants also stated there is not enough housing near transit stops and facilities.

Households using HCVs have difficulty finding available affordable housing and there are not enough housing opportunities for these households. • Additionally, participants identified a need for strategic community engagement and outreach programs regarding housing, suggesting the City work with trusted local organizations.

Online Survey Responses
Participants identified the most significant housing barriers are • Rent affordability and rent increase
• Lack of housing with supportive services, and
• Difficulty buying a home.

Respondents in Porterville identified the most significant barriers to affording desirable housing as
• A lack of available housing that is rent-restricted and • The low supply of housing.
• The most urgent housing issues are
• Affordability and availability of desired housing,
• Overcrowded housing, and
• Homelessness
Porterville Analysis of Impediments to Fair Housing Choice 2025 Respondents stated home rehabilitation assistance programs, mobile home preservation assistance programs, and higher density zoning would be beneficial in addressing housing issues in the city. Housing needs in the city also include supportive housing programs for individuals experiencing homelessness.

Stakeholder Meetings
Community organizations identified the need for:
• Housing near grocery stores, medical facilities, and public transportation • Transitional and supportive housing, farmworker housing, and • Safe parking for homeless individuals living in their vehicles.

Compared to larger cities in the region, smaller, rural areas have vastly fewer amenities and housing resources. According to market-rate housing developers, barriers to developing housing include high construction costs, parking requirements, State housing requirements, and the cost and time demanded by the environmental review process.

Affordable housing developers described the need for more affordable housing and supportive housing for previously homeless residents and discrimination based on Housing Choice Voucher (HCV) use.

Who Conducted
Resource Consultants assisted the City of Porterville with preparing this Analysis of Impediments to Fair Housing Choice (AI).

Methodology
HUD’s “Fair Housing Planning Guide, Volume 1” was used to direct the AI. The AI is undertaken to determine what types of impediments to fair housing choice may exist within Porterville. The AI provides detailed information for policymakers, administrative staff, housing providers, housing advocates, and civil rights organizations. The AI includes background information, statistical data, and a review of laws, policies, and complaints. It details community perception, identifies available resources, and lists specific impediments to fair housing choice. Also, the AI provides recommendations to address the impediments identified during the AI process. The analysis utilized relevant data from the Tulare County Association of Governments Regional Housing Element and The City of Porterville Analysis of Impediments to Fair Housing Choice 2020. Additionally, information from the Kings and Tulare County Point in Time Report 2023 and the City of Porterville’s website were used to guide the AI.

The purpose of this AI is to:
• Review of the City’s laws, regulations, administrative policies, procedures, and practices concerning fair housing;
Porterville Analysis of Impediments to Fair Housing Choice 2025 • Assess how laws, regulations, policies, and procedures affect the location, availability, and accessibility of housing; and
• Assess public and private sector conditions affecting fair housing choice.

Funding
The City received funding through the HUD Community Development Block Grant (CDBG) program and utilized CDBG administrative funds to pay staff costs to support the development of the Analysis of Impediments to Fair Housing Choice (AI.) The City of Porterville utilized a general fund appropriation to pay consultants to assist with the Consolidated Plan and AI. City Staff time is funded through the CDBG administrative funds and general funds.

Conclusions
As a recipient of HUD CDBG Entitlement funds, the City is committed to affirmatively furthering fair housing choices for all residents. Although many issues that affect fair housing choice have been identified, the City is limited in resources and ability to impact all areas. The City of Porterville recognizes the following impediments, which may have a direct and substantial impact on fair housing choice and are within the City’s ability to impact. Furthermore, the City has identified action steps to address the areas of impediments.

While not listed as an impediment, the City is encouraged to integrate best practices for fair housing and visibility into the General Plan update. Evaluating the updated Comprehensive Plan through the lens of fair housing will have a lasting impact as the City continues to evolve and meet the needs of residents.

Porterville Analysis of Impediments to Fair Housing Choice 2025 IMPEDIMENT #1: DEVELOP A HUD-APPROVED LANGUAGE ACCESS PLAN

There is a need to improve language access for people with limited English-speaking proficiency who seek information about Fair Housing. Use the Four-Factor Analysis developed by HUD to determine the appropriate language assistance services to ensure that persons with LEP have meaningful access to the HUD programs, services, and activities.

Goal: Provide consistent and even Fair Housing services, outreach, and support to all citizens and program applicants.

Recommended Action Items
• Translate the City’s Community Development Block Grant (CDBG) webpage and vital HUD-funded program documents into Spanish. Make informational pamphlets and Fair Housing brochures available for LEP individuals. Ensure sub recipients have Spanish-translated documents.
• Continue to provide citizens with consistent Spanish translation services. Continue to utilize a test to certify employees so that quality translation services are available to limited English proficiency (LEP) individuals.
• Continue to work with Community Partners to promote the County’s HUD-funded programs to the Hispanic community. Find new potential partners to provide notice of the availability of language assistance services to external stakeholders through outreach initiatives, social media, and web page presence.

IMPEDIMENT #2: LACK OF RECORD MAINTENANCE OF FAIR HOUSING

ACTIVITIES
The City of Porterville needs consistent record maintenance of fair housing activities. The City can improve upon record keeping as one way to measure the effectiveness of fair housing programs and needs within the community. By actively monitoring and documenting these initiatives, city officials can gauge the effectiveness of existing programs, identify areas for improvement, and strategize future endeavors to ensure sustained progress toward achieving fair housing objectives.

Goal: Track activities Citywide that provide information and education about fair housing resources and activities. Implement a streamlined process for addressing fair housing complaints and record-keeping.

Recommended Action Items: Record keeping is best when it tracks; • The City of Porterville Staff should track and document all fair housing activities, • educational training, and programs that occur in their jurisdiction each program year.
• Centralize the tracking of fair housing complaints to only one or two designated places for efficient record-keeping and follow-up.

Porterville Analysis of Impediments to Fair Housing Choice 2025 • Establish a warm handoff protocol with local Legal Aid and HUD to facilitate • the seamless transfer of fair housing complaints.
• Develop a standardized system for recording and monitoring fair housing complaints to ensure thorough documentation and timely resolution. • Provide training opportunities for employees to create a systematic conduit. • that functions to funnel these complaints/concerns to the proper channels. • These documents should be systematically cataloged and stored in a designated • place to ensure accessibility and transparency. This designated folder needs to • be available to HUD.

IMPEDIMENT #3: CONCERN WITH ZONING REQUIREMENTS AS THEY

PERTAIN TO THE DEVELOPMENT OF AFFORDABLE HOUSING
Goal: Identify areas with zoning restrictions that may hinder affordable housing development.

Recommended Action Items: Research and analyze current zoning requirements and regulations regarding affordable housing development. Work to amend the Zoning Code to facilitate the development of various housing types. • Propose amendments to zoning regulations to allow for more flexibility in affordable housing development.
• Collaborate with community stakeholders to gather input and support for potential zoning changes.
• Educate city officials and decision-makers about the benefits of modifying zoning requirements to promote affordable housing.
• Explore incentive programs and partnerships to encourage developers to prioritize affordable housing within existing zoning frameworks.
• Communicate progress and updates to the public to foster transparency and awareness.

IMPEDIMENT #4: ENSURE THAT COMPLAINTS ARE PROMPTLY RECEIVED AND ADDRESSED. ENSURE ANY RESOLUTIONS ARE ALSO TRACKED TO IMPROVE

VISIBILITY
Goal: To establish an efficient and transparent complaint management system.

Actions:
• Provide comprehensive training opportunities for employees to create a systematic conduit for channeling complaints and concerns to the appropriate channels. This includes tracking responses and resolutions to ensure that all complaints are promptly addressed. Implementing this system can improve visibility and transparency in the complaint management process.
• By tracking participants and applicants, the City can assess whether they represent a diverse cross-section of the community, mainly focusing on those in Porterville Analysis of Impediments to Fair Housing Choice 2025 federally protected classes. This can help to ensure that our processes are inclusive and fair to all individuals.

Jurisdictional Background Data
Porterville Analysis of Impediments to Fair Housing Choice 2025 The Gold Rush of 1848 brought many travelers to California and the Porterville area. Some of these travelers settled near Porterville to farm the rich lands. In 1860, Royal Porter Putnam, the city's namesake, bought 40 acres of land and built a store and hotel on his property. The city was incorporated in 1902. During the 1930s and 40s, Porterville experienced a large influx of immigrants attracted by agricultural employment opportunities, leading to significant growth in farming and agricultural operations throughout the region. Labor camps for farmworkers were established in the county during this time. Initially, farmworkers primarily came from the Midwest in the 1930s, but Mexican immigrants were later brought in for labor during and after the Second World War.

Established in 1934, the Woodville Farm Labor Center, a farm labor camp west of Porterville, is one of the few original farm labor camps that continues to provide affordable housing for agricultural workers and their families. Agricultural workers and their families often have special needs that are not met by traditional housing. To address these needs, the Woodville Farm Labor Center has been developed into a nearly self-contained community that offers more than just housing. Facilities have been improved and expanded, including comprehensive street, water, and sewer systems, as well as classrooms for Head Start programs and daycare facilities for families with children. The complex comprises 178 housing units in various sizes, ranging from two to four bedrooms.

Villa Siena is another housing development with 69 total units available for farmworker housing.

The Porterville State Hospital, now known as the Porterville Developmental Center, opened for service in 1953. Porterville is also home to the Sequoia National Forest Headquarters, Sierra View District Medical Center, and Cal Fire Porterville Air Attack Base.

The development of the City was primarily shaped by agricultural operations and further bolstered by the Central Valley Water Project. More recently, the City’s economy has shifted to include industrial operations in addition to agriculture with the establishment of the Wal-Mart Distribution Center, Foster Farms, Youngs, Inc, Zero Nox and other small companies with industrial facilities in Porterville. Porterville is also home to the corporate headquarters for Bank of the Sierra. In 2016, the City received federal HOME funding, which helped enhance affordable housing initiatives. This funding allowed the City to develop and rehabilitate homes, making safe and stable housing accessible to low-income families. By investing in these projects, the City not only improved living conditions but also stimulated local economic growth through job creation in construction and related sectors.

The City continues to invest in infrastructure within employment zoning districts to support the creation of living wage employment opportunities by attracting new industry and expanding existing businesses to grow the local economy.

The Porterville Recorder. 2001. Labor camps fill a need for families. https://www.recorderonline.com/labor-camps-fill-a-need-forfamilies/article_fb0e1685-8d73-50e5-8286-5910abd81518.html TCAC County Housing Element Appendix
Demographic Data
Porterville Analysis of Impediments to Fair Housing Choice 2025 As of July 2023, the estimated population of Porterville is 62,876, with an average increase of approximately 670 people per year, or 1.2 percent since 2010. The population growth rate serves as an indicator of the city’s long-term housing demand and provides information to help the city determine the capacity of current resources. The Tulare County Association of Governments (TCAG) estimated that between 2010 and 2020, the city’s population would increase by 17 percent, and then continue to grow at that rate until 2030. However, this analysis overestimated the population growth, and in 2019, the population was around 59,040 residents, significantly lower than the projected 2020 population of 63,505 residents.

Source: City of Porterville, Housing Element, 2015-2023; Draft TCAG Demographic Forecast, 2013 Based on the table, the total population in Porterville increased by 58 percent between the 2000 and 2020 Census. The largest population growth was seen among Pacific Islanders (364 percent), Hispanic/Latinos (122 percent), and Asians (45.9 percent), indicating a more diverse population in the city. Whites now make up 22 percent of the population compared to 42 percent in 2000. The current population growth among nonWhites is primarily due to natural increases rather than immigration. Due to the higher birth rate among Hispanic/Latino families compared to other ethnic groups, it is expected that this population will continue to grow, while Asian, Black/African American, and White populations are anticipated to stabilize or decrease.

Characteristics
Age
Year Population Growth Rate
1990 29,563 50%
2000 39,615 34%
2010 54,165 37%
2020 63,505 17%
2030 74,455 17%
Race/Ethnicity 2000
Population
% of
Total
2010
Population
% of
Total
2020
Population
% of
Total
Growth Rate
2000 - 2020
Asian 1,761 4% 2,349 4% 2,570 4% 46%
American
Indian, Alaska
Native
378 1% 461 1% 465 1% 23%
Black/African
American
406 1% 454 1% 398 1% -2%
Hispanic/Latinos 19,589 49% 33,549 62% 43,542 69% 123%
White 16,649 42% 16,423 30% 13,902 22% -17%
Pacific Islander 28 0.1% 49 0.1% 130 .2% 364%
Other* 804 2% 880 2% 1,616 1% 101%
Total 39,615 100% 54,165 100% 62,623 100% 58%
Porterville Analysis of Impediments to Fair Housing Choice 2025 The city's age demographics offer valuable insights into current and future housing demands. Different age groups have varying housing needs and preferences. Table 3 presents key factors related to the distribution and growth of age groups within the city.

Notably, the population aged 65 and older is the smallest age group proportionately, but it is growing at a higher rate compared to other age groups, with a 91 percent growth rate.

Source: 2000 Census; 2010 Census; 2018-2022 ACS, Note: Growth Rate refers to 2000 population compared to 2022 population Even with the growing senior population, the City’s population remains young overall. As shown in the table below, the median age rose from approximately 28.6 years in 2000 to

31.3 in 2022, and the median age in California rose from approximately 33 years to 37.9 years.

Composition of Households

28.6 28.8

31.3 33.3

35.2 37.9
2000 2010 2022
Age
Year
Median Age
Porterville California
Age 2000 % of Total 2010 % of Total 2022 % of Total Growth Rate
Under 20 Years 14,960 38% 20,018 37% 22,120 36% 48%
20-34 Years 8,423 21% 11,727 22% 12,889 21% 53%
35-64 Years 12,494 32% 17,327 32% 20,481 33% 64%
65 and Over 3,738 9% 5,093 9% 7,133 12% 91%
Porterville Analysis of Impediments to Fair Housing Choice 2025 Of the 17,649 households in Porterville, 8,386 are married-couple households with or without children, and 1,612 are cohabitating couple households with or without children.

Nearly half the total households in Porterville are married-couple households, which is similar to the county (52.6 percent) and the state (49.7 percent). As shown below, roughly 77% of the City’s households are comprised of family households.

Source: 2018-2022 ACS Estimates Note: Totals do not add to 100%, as households may fall into more than one category Married-Couple Household Cohabitating Couple Household
Total
Jurisdiction Total Children No Children Total Children No Households Children
Porterville 8,386 4,267 4,119 1,612 926 686 17,649
Percent 47.5% 24.2% 23.3% 9.1% 5.3% 3.9%
Tulare County 73,140 35,234 37,906 10,809 6,596 4,213 139,044 Percent 52.6% 25.3% 27.3% 7.8% 4.7% 3.0%
California 6,510,58
0 2,784,123 3,726,457 896,192 327,712 568,480 13,103,114 Percent 49.7% 21.2% 28.4% 6.8% 2.5% 4.3%
Source: U.S. Census Bureau, ACS16-20 (5-year Estimates), Table B11012.

Large Households
The table below provides information on large households by tenure in Porterville. As shown, 20.3 percent of households in Porterville consist of five or more people, which is less than the county average of 21.3 percent and greater than the state average of 13.7 percent. In Porterville, renter-occupied five- person households (5.3 percent of total households), five-person owner-occupied households (5.0 percent), and seven-or-more person households (3.5 percent) make up the largest percentage of large households, while renter-occupied six-person households make up the smallest percentage of large households. Additionally, both Porterville and Tulare County have higher percentages of large households than the state average.

Owner-Occupied Large Households Renter-Occupied Large Households Jurisdiction Total 5-Person 6-Person 7-or-More
Person
5-
Person 6-Person 7-or-More
Person
Household Type Total Households % of Total
Family Households 14,588 77%
Householder Living Alone 4,367 23%
Household Type Total Households % of Total
Household Contains At Least One Person Age 65 or Older 5,120 28% Households with One or More Children 18 Years Old or Younger 8,971 48% Total Households 18,925
Porterville Analysis of Impediments to Fair Housing Choice 2025 `
Porterville 3,582 886 390 615 941 365 385
Percent 20.3% 5.0% 2.2% 3.5% 5.3% 2.1% 2.2%
Tulare
County 29,599 8,116 4,101 3,237 7,507 3,896 2,742
Percent 21.3% 5.8% 3.0% 2.3% 5.4% 2.8% 2.0%
California 1,809,518 567,528 238,866 195,326 458,328 201,263 148,207 Percent 13.7% 4.3% 1.8% 1.5% 3.5% 1.5% 1.1%
Overcrowding
The table below provides information on overcrowding by tenure in Porterville. There are 1,830 overcrowded households in the city, of which 816 are owner-occupied households and 1,014 are renter- occupied.

Owner-Occupied Renter-Occupied
Jurisdiction Total 1.0 to 1.5
Occupants per
Room
More than

1.5 Occupants
per Room
Total 1.0 to 1.5
Occupants per
Room
More than 1.5
Occupants
per Room
Porterville 8,900 608 208 8,749 730 284
Percent 50.4% 6.8% 2.3% 49.6% 8.3% 3.3%
TCAG Housing Element Appendix
Large Households
Porterville Analysis of Impediments to Fair Housing Choice 2025 As shown on the table below, there are 3,582 large households in Porterville, and 52.8 percent of large households are renter-occupied and 47.2 percent are owner-occupied.

Total Occupied
Housing Units
Total Large
Households
Renter-Occupied
Large Households
Units with 4
Bedrooms
Units with 5 or
more Bedrooms
Total Units with 4 or
More Bedrooms
Porterville 3,582 1,691 2,506 186 2,692
Special-Needs Populations
Certain subpopulations often require special accommodations due to their unique characteristics and needs. These characteristics may include age, family composition, or disability, and can impact their access to suitable and affordable housing. For instance, older individuals frequently rely on a fixed income and face elevated healthcare expenses.

Larger households necessitate a greater number of bedrooms. Individuals with disabilities have physical or mental impairments that significantly restrict major life activities and may require accessible housing provisions. The table below presents an overview of various special-needs populations within Porterville.

Source: 2018-2022: ACS five-year estimates
Farmworkers
The U.S. Department of Agriculture (USDA) provides countywide farmworker population data generated by the Census of Agriculture. According to the most recent Census of Agriculture data (2017), there were 23,233 farmworkers in the county. The table below presents ACS data for the total farmworker population in Porterville and Tulare County in 2020. In 2020, Porterville had 3,419 farm workers, accounting for 11.9 percent of the total farmworker population across the county.

Taking into consideration affordable housing units, HCVs, and nearby farmworker housing, there is a resource gap of 1,513 units affordable to farmworkers in Porterville.

Furthermore, farmworkers often encounter access barriers to housing and assistance programs due to language differences.

Population Total % of Total
Elderly Households (65+) 7,387 26.7%
Large Households 4,267 22.5%
Disabled Persons 6,718 11%
Jurisdiction Farmworkers
Porterville 3,419
Percent 11.9%
Total Tulare County 28,627
Porterville Analysis of Impediments to Fair Housing Choice 2025 Source: 2018-2022: ACS five-year estimates
Income
Characteristics
Household income is a strong indicator of socio-economic status and a household’s ability to meet the costs of living, such as housing, transportation, and the basic necessities of life. As a determinant of the financial resources available, the median household income of a city plays a significant role in predicting the type of housing households can afford. It is also one of the factors taken into account when households apply for mortgage loans or rental housing.

Median Income
The chart below captures median household income in Porterville compared to national median household income levels. In 2022, the median household income of the 18,925 households in Porterville, was $55,785. The following chart displays the households in Porterville distributed between a series of income buckets compared to the national averages for each bucket.

Source: 2018-2022 ACS Five Year Estimate

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%
<10k $10k -
15k
$15k -
20k
$25k -
30k
$35k -
$50k
$50k -
$65k
$65k -
$75k
$75k -
$100k
$100k +
Porterville Median Earrnings Past 12 Months Compared to National Averages
Porterville, CA
National Average
Source: U.S. Census Bureau, ACS16-20 (5-year Estimates), Table C24050.

Porterville Analysis of Impediments to Fair Housing Choice 2025 The Table below shows the change in median income for Porterville between 1999, 2012 and 2022.

Source: 2000 Census; 2008-2012 and 2018-2022 ACS Estimates Income Distribution
The table below shows the distribution of household income in the City. While the total number of households at the lower end of the income spectrum decreased by 19 percent, this group still makes up 31 percent of households. In comparison, those earning over $150,000 grew by 965% from households in 1999; however, this group only makes up 9 percent of households. Middle-wage earners in the $35,000-$75,000 income category also increased (58 percent) but their share of total households remained relatively the same (34 percent compared to 33 percent). So while those earning over $150,000 have experienced the greatest growth rates over the 19-year time period, in addition to making up a greater percentage of total households, more than half of the City’s households still earn less than $75,000 (65 percent).
1999 Income 2012 Income 2022 Income % Change
Adjusted Median Income $44,163 $42,628 $55,785 26%
Household
Income
1999
Households
% of Total 2012
Households
% of
Total
2022
Households
% of total % Change
1999-2022
Less than
$10,000
1,563 13% 1,061 7% 1,089 6% -31%
$10,000 to
$14,999
1,170 10% 1,393 9% 722 4% 38%
$15,000 to
$24,999
2,004 17% 2,361 15% 1,657 9% 18%
$25,000 to
$34,999
1,659 14% 1,746 11% 2,386 13% 44%
Under
$35,000
6,396 54% 6,561 42% 5,854 31% -9%
Household
Income
1999
Households
% of Total 2012
Households
% of
Total
2022
Households
% of total % Change
1999-2022
$35,000 to
$49,999
1,860 16% 2,470 16% 2,543 14% 37%
$50,000 to
$74,999
2,142 18% 2,890 18% 3,759 20% 76%
$35,000 -
$75,000
4,002 33% 5,360 34% 6,297 34% 58%
$75,000 to
$99,999
977 8% 1,758 11% 2,218 12% 127%
$100,000 to
$149,999
430 4% 1,486 9% 2,869 15% 567%
$75,000 -
$150,000
1,407 12% 3,244 21% 5,087 27% 262%
$150,000 to
$199,999
82 0.7% 424 3% 1026 6% 1,151%
Porterville Analysis of Impediments to Fair Housing Choice 2025 Source: 2000 Census; 2008-2012, 2018-2022 ACS Estimate
Note: Totals may not add to 100% due to rounding; * % of change refers to changes in household income between 1999 and 2022. *From the TCAC Housing Element Appendix
Racially and Ethnically Concentrated Areas of Poverty (R/ECAPs) TCAC classifies census tracts with both a poverty rate exceeding 30 percent and designation as racially segregated (indicating overrepresentation of people of color relative to the county) as areas of high segregation and poverty.

In Porterville, there exists a single census tract exhibiting high poverty and segregation, encompassing portions of Northeast and Southeast Porterville (Census Tract 06107003901). This census tract is predominantly Hispanic/Latino, with 85 percent of residents identifying as Hispanic/Latino and approximately 42 percent of residents earning an income below the poverty line.

Segregation and Integration Patterns
The city of Porterville exhibits distinct patterns of segregation and integration. Central and Southeast Porterville have a higher concentration of non-white residents, low to moderate income (LMI) residents, individuals living below the poverty line, and residents with disabilities compared to other areas of the city. On the other hand, Northeast Porterville stands out with some of the highest median household incomes in the city, a lower percentage of children living in female, single-parent households, and the lowest percentages of residents living with a disability and below the poverty line.

Several factors contribute to these patterns. Firstly, land use and zoning patterns concentrate medium and high-density residential zones in Central and Southeast Porterville, while low-density residential zoning is prominent in Northeast and Northwest Porterville. Additionally, affordable housing, including subsidized units, is concentrated in Central and Southeast Porterville.

Furthermore, there is a lack of sufficient affordable housing accessible to individuals with disabilities. According to the Consolidated Plan, there are 2,939 households with at least one disabled member on the HCV waiting list in Porterville. Additionally, there are only four accessible units in the city managed by HATC, with 17 households on the waiting list for such units. The Carolita Apartments have added 8 accessible units for households with a family member who has an intellectual or developmental disability. $200,000 or
More
76 0.6% 188 1% 656 4% 763%
$150,000+ 158 1.3% 612 4% 1,682 9% 965%
Total 11,963 100% 15,777 100% 18,925 100% 58%
Porterville Analysis of Impediments to Fair Housing Choice 2025

TCAG Housing Element Appendix E
Poverty and Segregation
As shown in the map above, the highest poverty rates in Porterville are found in the Northeast, Central, and Southeast areas. In these neighborhoods, at least 20 percent of the population earns an income below the poverty line. Downtown Porterville, along with small parts of Northeast and Southeast Porterville, has the highest rate of residents earning an income below the poverty line, ranging between 35 and 42 percent. Conversely, the western parts of Southwest and Northwest Porterville have the lowest number of residents earning an income below the poverty line, ranging from 13 to 19 percent.

Porterville Analysis of Impediments to Fair Housing Choice 2025 TCAG Housing Element Appendix E.

Disparate Access to Opportunities
The City of Porterville's public transportation system, Porterville Transit, provides fixed route buses, ADA complementary paratransit, and On-Demand services to residents in the Porterville Urbanized Area. The city also coordinates regional connectivity with the Tulare County Regional Transit Agency (TCRTA).

Compared to residents in neighboring cities like Visalia and Tulare, Porterville residents have lower access to transit and lower transit ridership. Porterville received an average AllTransit performance score of 4.7, which is based on a combination of a low number of transit trips per week and a low number of jobs accessible by transit. In comparison, Visalia and Tulare received slightly higher performance scores of 6.5 and 5.4, respectively.

According to ACS estimates, 80 percent of commuters in Porterville commute by driving alone, 16 percent carpool, one percent walk, less than one percent use transit, and one percent commute through other means, such as biking. The Walk Score, a private company that offers a walkability index, rated Porterville as "car dependent" with a score of 40 out of 100. The Environmental Protection Agency (EPA) has a walkability index that identifies the most walkable areas in the center of the city, the northern part of Southeast Porterville, and in Central Porterville. Most other areas of the city are not considered to be walkable.

Porterville Analysis of Impediments to Fair Housing Choice 2025 TCAG Housing Element Appendix E.

Employment Data
Workforce Development and Education
Educational attainment measures can reflect the quantity (e.g., average years of schooling) or educational attainment quality (e.g., average SAT score). Educational attainment likely contributes to firm and regional innovation capacity by providing general and specific knowledge and skills that facilitate the creation, diffusion, and adoption of new technologies and other innovations.

Working-age adults need a minimum of a high school diploma to compete in today’s workforce. Without it, they face greater employment challenges and economic hardship than those with a high school diploma or higher. Some argue that lacking a high school diploma bars individuals from entering the middle class. Those without a high school diploma are further limited to strictly low-skill jobs. Economics literature has consistently found about a 10 percent increase in wages/salary with each additional year of education. Therefore, educational attainment is directly linked to income and, therefore, housing opportunities. Studies also reveal that high school dropouts are more likely to engage in criminal activity, use drugs and tobacco, and report poor mental health. The consequences of dropping out of high school do not stop at the individual. Communities and nations suffer from fewer skilled and Porterville Analysis of Impediments to Fair Housing Choice 2025 productive workers to fuel economic activity and innovation. Higher dropout rates correspond to more crime, as well as public health and other social concerns.

Government resources may need to be redirected from economic activities to support a growing need for government assistance when unemployment levels are high. "Driving Regional Innovation: The Innovation Index 2.0" Education
As shown in the table below, the educational attainment for residents 25 years of age and older is as follows:
• 31 percent have not graduated high school
• 24 percent have graduated high school (including equivalency), but no further education
• 23 percent have some college but no degree
• 9 percent have an associate’s degree
• 9 percent have a bachelor’s degree
• 4 percent have a graduate or professional degree

Source: 2018-2022: ACS five-year
Unemployment Rates
The unemployment rates in the Visalia-Porterville Metropolitan Statistical Area (MSA) followed this pattern: they increased by 6.6 percentage points from 2000 to 2010, dropped by 3 percentage points from 2010 to 2013, and then dropped by 5.7 percentage points from 2013 to 2019. However, from 2022 to 2024, the unemployment rates rose again by 3.7 percentage points. This suggests that unemployment rates in the city have reached pre-recession levels. It's worth noting that the unadjusted unemployment rate for California was 5.3 percent during this period, and 4.1 percent for the nation.

Educational Attainment Total % of Total
Less than 9th grade 6,681 18%
9th to 12th grade, No Diploma 4,558 13%
High School Graduate, GED, or Alternative 8,811 24%
Some College, No Degree 8,532 23%
Associate’s degree 3,068 9%
Bachelor's Degree 3,398 9%
Graduate or Professional Degree 1,612 4%
High School Graduate or Higher 25,421 69%
Total 36,660 100%
Porterville Analysis of Impediments to Fair Housing Choice 2025 Source: California Employment Development Department (EDD) Historical Civilian Labor Force, Visalia-Porterville MSA, 2024
Employment Trends
The table above displays employment rates within the Visalia-Porterville MSA, categorized by major industries. Non-farm jobs make up 83 percent of employment within the MSA (143,300 jobs), while on-farm jobs account for 18 percent (31,100 jobs). Among non-farm jobs, service providing jobs (122,100 jobs) make up the majority of employment opportunities (70 percent), with the highest percentages found in government (20 percent), education & health services (14 percent), and retail trade (9 percent).

From 2013 to 2024, non-farm jobs increased by 26 percent, while on-farm jobs decreased by 10 percent. Within the non-farm category, goods producing jobs increased by 35 percent, and service providing jobs increased by 25 percent. The most significant job growth was observed in the education/health services field (85 percent), followed by transportation, warehousing & utilities (46 percent), leisure and hospitality (44 percent), and professional and business services (24 percent). The largest employment decline was in the information industries (33 percent) and financial activities (8 percent).

0.00%

5.00%

10.00%

15.00%

20.00%
2000 2005 2010 2013 2019 2022 2024

AV E R A G E A N N UA L U N E M P LOY M E N T
R AT E
Porterville Analysis of Impediments to Fair Housing Choice 2025 California Employment Development Department (EDD) Industry Employment & Labor Force by Annual Average, Visalia-Porterville MSA, 2024
The following table presents employment rates categorized by industry for residents of Porterville city aged 16 and above. In contrast to the preceding table, which illustrates industry employment statistics for the broader Visalia-Porterville Metropolitan area, the subsequent table specifically delineates industry employment data for the city of Porterville.

Source: 2018-2022: ACS five-year estimates
Overall, 69 percent of Porterville residents have at least a high school diploma or higher; however, 13 percent have a bachelor’s degree or higher. As a result, about 90 percent of the workforce 25 years of age and older are without an advanced or professional degree, making it more difficult for them to compete for jobs requiring higher education or technical skills.

Porterville has four designated Opportunity Zones that will help to have a significant economic impact on the community.

Opportunity Zones, created under the 2017 Tax Cuts and Jobs Act, are a federal economic development tool focused on improving the outcomes of communities across the country, especially in areas that have suffered from disinvestment over many years. Opportunity Zones are designated low-income census tracts where tax incentives are available to groups or individuals who invest in an Opportunity Fund (i.e., an investment vehicle for injecting money in an Opportunity Zone) and hold their capital gains in Opportunity Zone-related assets or property. There are over 8,700 Opportunity Zones (representing 12 percent of all census tracts), with nearly a quarter (just over 23%) in rural areas. By investing in Opportunity Zones, investors stand to gain a temporary deferral on their capital gains taxes if they hold their investments for Jobs by Industry of Employment
2018
Number % of Total
Goods Producing 6,278 25%
Construction 941 4%
Manufacturing 1,216 5%
Agriculture, forestry, fishing and hunting, and mining 4,075 16% Service Providing 16,500 75%
Educational & Health Services 6,589 26%
Financial Activities 591 2%
Government 1,777 7%
Information 277 1%
Leisure & Hospitality 1,979 8%
Professional & Business Services 1,642 6%
Retail Trade 3,215 12%
Transportation, Warehousing & Utilities 1,252 5%
Wholesale Trade 461 2%
Other Services 1,611 6%
Total Jobs by Industry of Employment 22,778 100%
Porterville Analysis of Impediments to Fair Housing Choice 2025 at least 5 years, and a permanent exclusion from a tax on capital gains from the Opportunity Zones investments if the investments are held for 10 years.

Within Tulare County, there are 17 designated opportunity zones. 4 of these are located in Porterville. These opportunity zones extend from the center of town southward, including parts of Downtown. Transportation infrastructure, including nearby rail and Highway 190, is readily available. The area includes a diversity of land uses and employment opportunities, including residential, commercial, and industrial.

Census Tract 34 is a Low-Income Community Opportunity Zone in Porterville, California. This 67-square-mile census tract has a population of approximately 6,800 and is one of 17 Opportunity Zones in Tulare County. The median household income in this Opportunity Zone is approximately $43,000, which is 46% lower than the median household income for the state of California, $80,000. Additionally, the median home value in this Opportunity Zone is approximately $150,000, which is 74% lower than the median home value for the state of California, $570,000.

Census Tract 38.02 is a 0.7-square-mile area with a population of approximately 4,600.

The median household income in this opportunity zone is about $20,000, which is 75% lower than the state's median household income of $80,000. The percentage of households below the poverty line in this Opportunity Zone is 42%, which is 30% higher than the rate for the state of California, which is 12%.

Census Tract 41.01 is a 1.7 square mile area with a population of approximately 9,400.

This Opportunity Zone has a median home value of around $140,000, which is 75% lower than the median home value for the state of California, which is $570,000. The median household income for this Opportunity Zone is approximately $36,000, which is 55% lower than the median household income for the state of California, which is $80,000.

Census Tract 41.02 covers an area of 1.4 square miles and has a population of around 2,000. The median household income in this Opportunity Zone is approximately $40,000, which is 50% lower than the median household income for the state of California, which is $80,000. Additionally, the median home value in this Opportunity Zone is approximately $180,000, which is 68% lower than the median home value for the state of California, which is $570,000.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Goals to support Opportunity Zones
• Support the diversification of small, local businesses • Partner to support affordable housing, and neighborhood revitalization • Develop innovation and small business hubs that support local businesses and entrepreneurs
Workforce Development and Use
Community Services Employment Training (CSET) delivers comprehensive workforce development services, supported by funding from the Workforce Investment Board of Tulare County (WIB), Tulare County Health and Human Services Agency, Kings/Tulare Area Agency on Aging, and other sources. CSET operates the Employment Connection, a partner of America's Job Center of California Network, with facilities in Visalia and Porterville, as well as additional services in Tulare, each equipped with a Resource Room containing essential amenities such as computers, printers, and internet access. The organization offers specialized workshops facilitating business and job seeker connections, and provides youth with a spectrum of services including work readiness and leadership skills, college and career planning, and work-based learning opportunities.

CSET's Education and Workforce Training program ensures open enrollment for career or job-related services across various subject areas, fostering enhanced skills for Porterville Analysis of Impediments to Fair Housing Choice 2025 employment. Services and trainings are available in instructor-led classrooms and online, supplemented by weekly webinars on job leads and virtual recruiting assistance.

Fundamental services provided by CSET encompass veteran's assistance, farm worker services, youth services referrals, and job search assistance for individuals with disabilities. Moreover, the organization's Business Services Professionals extend an array of no-cost services to employers, including recruitment, Human Resource guidance, priority of service for veterans, and a host of business resources and benefits.

CSET offers businesses an array of services, ranging from Fidelity Bonding services to Work Opportunity Tax Credits, Employee Screening and Recruitment, job postings, and workforce pipeline development. The organization also provides custom recruiting at weekly Job Squad workshops, specialized rapid response services for laid-off workers, access to labor market trends, statistics, and economic data, and on-the-job training reimbursement for qualified businesses.

In addition to its commitment to workforce development, CSET actively engages in empowering local youth. The organization's Youth Development Department offers avenues for young individuals to connect with their communities, pursue service-learning projects, engage in mentorships with community leaders, access workforce training, and participate in college campus visits.

The Porterville College Business Innovation Center is committed to instilling entrepreneurial skills and fostering innovation among students, faculty, staff, and community members. Through the Makerspace Lab and comprehensive community education programs, the center provides opportunities for individuals to explore emerging technologies and develop practical skills for small business endeavors. By working in collaboration with community partners such as Employment Connection, Community Services Employment Training CSET, Sequoia Community Corps, SBDC and BizHub, the center ensures that individuals have access to a wide array of services designed to support workforce development and entrepreneurial success. The center offers Small business coaching, Financial Literacy Workshops, job workshops with Community Partners, STEM scholarships, internships, and work experiences.

The Porterville College Business Innovation Center is dedicated to cultivating entrepreneurial skills and promoting innovation among students, faculty, staff, and members of the community. Through the Makerspace Lab and comprehensive community education programs, the center provides avenues for individuals to explore emerging technologies and acquire practical skills for small business ventures.

Valley Community- Small Business Development Center (SBDC) at Clovis Community College exists to help businesses in California thrive and grow. The Valley Community SBDC provides local businesses with advisors who will work with companies across multiple disciplines, whether preparing a strategic plan, developing digital marketing strategies, streamlining operations, accessing capital, or launching an innovative Porterville Analysis of Impediments to Fair Housing Choice 2025 technology start-up. SBDC aids with improving profit, margins, sales, cashflow, management, productivity, and exporting by providing:
• No-cost business coaching
• Business training
• Business resources
The Work Opportunity Tax Credit (WOTC) is a federal tax credit available to employers for hiring individuals from certain target groups who have consistently faced significant barriers to employment.

Targeted hiring groups in California:
• Veterans receiving food stamps
• Unemployed veterans
• Disabled veterans
• Long-term Temporary Assistance for Needy Families recipients • Temporary Assistance for Needy Families recipients
• Food stamp recipients
• Vocational rehabilitation referrals
• Ex-felons
• Supplemental security income recipients (SSI)
• Long-Term unemployment recipients
Porterville is committed to continuing to help ensure all residents have access to livingwage jobs, educational opportunities, and economic vitality.

Jobs by Industry of Employment
2013 2024 %
Change
Number
% of
Total Number
% of
Total
Goods Producing 15,700 11% 21,200 12% 35%
Construction 4,200 3% 7,400 4% 76%
Manufacturing 11,600 8% 13,800 8% 19%
Service Providing 97,800 66% 120,900 70% 25%
Educational & Health Services 12,600 9% 23,300 14% 85%
Financial Activities 3,800 3% 3,500 2% -8%
Government 30,000 20% 35,000 20% 17%
Information 900 1% 600 .5% -33%
Leisure & Hospitality 10,000 7% 14,400 8% 44%
Professional & Business Services 10,500 7% 11,200 6% 7% Retail Trade 16,600 11% 16,300 9% -2%
Transportation, Warehousing & Utilities 6,500 4% 9,500 5% 46% Wholesale Trade 3,800 3% 4,400 2% 16%
Other Services 3,100 2% 3,900 2% 26%
Total Non-farm 113,500 77% 143,300 83% 26%
Total On-Farm 34,200 23% 31,100 18% -10%
Total Jobs by Industry of Employment 147,700 100% 174,400 100% 18% Porterville Analysis of Impediments to Fair Housing Choice 2025 City Business Incentive Programs
The City of Porterville offers various financing options for businesses within city limits to help promote the economic vitality of our community. Current programs include:
• Microenterprise Forgivable Loan Program
• Revolving Loan Program
The HUBZone program is designed to support economic and workforce development in Porterville. It provides preferential treatment to small businesses located within designated historically underutilized business zones when competing for federal contracts. By supporting businesses in these zones, the program aims to stimulate economic growth, create employment opportunities, and encourage investment in these underdeveloped areas. This program can serve as a catalyst for the advancement of the local workforce and the overall economy in Porterville.

Foreign Trade Zone (FTZ) The establishment of a Foreign Trade Zone (FTZ) in the Central San Joaquin Valley Region, including the City of Porterville, significantly contributes to fostering business development in the community. By allowing merchandise to be imported into the FTZ without being subject to customs duties until the goods are re-exported, businesses within the FTZ are provided with a competitive advantage in international trade. This incentivizes companies to locate or expand their operations within the FTZ, ultimately leading to job creation, increased investment, and economic growth in the community.

Recycling Market Development Zone (RMDZ)In 1990, the City of Porterville was designated as one of California's first Recycling Market Development Zones (RMDZ). The Department of Resources Recycling and Recovery (CalRecycle) administers a Recycling Market Development Zone (RMDZ) Loan Program. This program encourages recycling businesses based in California to establish new manufacturing facilities and expand existing operations within the state. By doing so, the program contributes to the growth of local economies.

Development Fee Payment Plans
The City of Porterville offers the Development Fee Payment Plan program for industrial, commercial, and affordable housing projects within the city limits. This program enables property owners to stagger the payment of development fees over a ten-year period at zero percent interest. The initial payment is due upon permit issuance, with subsequent annual installments throughout the term. The Development Fee Payment Plan program, provided by the City of Porterville, assists in facilitating affordable housing opportunities by allowing property owners to disburse development fees for affordable housing projects over a decade at zero percent interest.
https://www.ci.porterville.ca.us/departments/economic_development/financing_assistance.php https://www.ci.porterville.ca.us/business/business_incentives.ph Porterville Analysis of Impediments to Fair Housing Choice 2025 Housing Profile
Source: 2000 Census, 2008-2012 ACS, 2018-2022 AC
The table above displays the median home value and gross rent for housing units in the city. The data illustrates a 164% increase in median home values and a 115% change in median contract rent from 2000 to 2022. Specifically, from 2018 to 2022, the median home value increased by 58% and the median gross rent increased by 23%. However, during the same time period, the median household income only increased by 26%. This suggests that the median household income is not keeping pace with the rising cost of housing, potentially creating financial challenges for households looking to buy a home.

Furthermore, the median rent in 2022 is more than double the 2000 median rent, which demonstrates a significant increase over the years.

Source: 2018-2022: ACS five-year estimates
A diverse and balanced housing stock is essential to provide a wider range and increased flexibility in housing options for households within the City. Presently, approximately 69 percent of the City's housing stock is comprised of single-family detached homes. The subsequent largest category consists of multifamily developments with 2-4 units, constituting 10 percent, followed by developments with 10 or more multifamily units at 9 percent.

The predominance of single-family homes in the housing stock may impede fair housing choices for households seeking affordable housing, as multifamily units are typically more economical to rent or purchase. A diverse and balanced housing stock will offer a broader range and greater flexibility in housing options for households in the City. Approximately 69 percent of the City's housing stock comprises single-family detached homes. The next largest category is multifamily developments with 2-4 units, accounting for 10 percent, followed by developments with 10 or more multifamily units at 9 percent.

Base Year:
2000
2012 2018 Most Recent Year: 2022 % Change
Median Home Value $93,500 $156,100 $165,100 $246,900 164% Median Gross Rent $504 $745 $884 $1,086 115%
Property Type Number %
1-Unit Detached Structure 13,058 69%
1-Unit, Attached Structure 308 2%
2-4 Units 1,896 10%
5-9 Units 740 4%
10 or More Units 1,704 9%
Mobile Home 1,219 6%
Total 18,925 100%
Porterville Analysis of Impediments to Fair Housing Choice 2025 A distinct disparity exists between the demand for and the availability of affordable housing in the City for those in the lower income brackets. As evidenced in the table below, 2,320 renter households fall within the 0-30% AMI bracket, while only 510 rental units are affordable to these households (no data is available on owner-household units). Similar disparities are observed for households earning 30-50% AMI, with 3,215 households and only 3,045 affordable units, respectively. Conversely, households earning 50-80% AMI and 80-100% AMI have more accessible units. Despite households earning less than 50% AMI constituting 37 percent of total households, the units affordable to this group only account for 20.8 percent of the total units.

Source: 2016-2020 CHAS
Extremely Low-Income Residents
The table above identifies extremely low-income households by tenure in Porterville.

Renter-occupied households make up a larger percentage of total extremely low-income households with 73.6 percent.

There are 3,759 extremely low-income households in Porterville, making up 21.3 percent of the total households in the city.

Source: 2016-2020 CHAS
Household Renter Owner Total % of Total
Household Income 0 - 30%
AMI
2,320 935 3,255 19%
Household Income 30% - 50%
AMI 2,250 965 3,215 18%
Household Income 50% - 80%
AMI 1,935 1,540 3,475 20%
Household Income 80% -
100% AMI 740 1,455 2,195 13%
Household Income >100% AMI 1,505 4,000 5,505 31%
Total Households 8,750 8,900 17,650 100%
Income <=30% HAMFI
Jurisdictio
n
Owner-Occupied Renter-Occupied Total
Porterville 994 2,765 3,759
Percent 5.6% 15.7% 21.3% of total households
Units affordable to households
earning
Renter Percentage Owner % of
30% AMI 515 6% No Data N/A
50% AMI 2,130 24% 915 11%
80% AMI 6,180 70% 2,870 35%
100% AMI No Data N/A 4,405 54%
Total 8,820 100% 8,190 100%
Porterville Analysis of Impediments to Fair Housing Choice 2025 The cost burden rate, which means spending more than 30 percent of household income on housing costs, is slightly higher among Porterville residents compared to the county.

Both homeowners and renters in Porterville face high housing cost burden, with approximately 42 percent of all households being cost burdened, slightly more than the county and tri-county averages. Renters are more affected, with around 53 percent being cost burdened, while 31 percent of homeowners in Porterville experience this burden. As household income increases, the likelihood of experiencing cost burden decreases.

The following table illustrates the extent of housing cost burden experienced by both renter and owner households within the City.

As per HUD's definition, housing cost burden pertains to households allocating more than 30 percent of their incomes towards housing expenses, including utilities, while severe cost burden refers to those allocating over 50 percent of their income to housing costs.

Overall, 40 percent of City households encounter either a cost burden or severe cost burden. Among homeowners, 15 percent experience a cost burden, with 11 percent facing severe cost burden. In comparison, 26 percent of renter households are cost burdened, and 28 percent are severely cost burdened. These statistics reveal that over half (54 percent) of the renter household population in Porterville resides in housing deemed unaffordable, with more than a quarter (28 percent) allocating over half of their income towards housing costs.

The table below shows the housing cost burden distribution by race/ethnicity. Per HUD definitions, a disproportionate housing need exists when any racial/ethnic group experiences a housing need that is 10 percent or greater than the total population.

Housing Cost Burden Owner %
Owners
Renter %
Renters
Total % Total
Cost Burden <=30% 6,525 73% 3,950 45% 10,475 59%
Cost Burden >30% to
<=50% 1,345 15% 2,275 26% 3,620 20%
Cost Burden >50% 980 11% 2,474 28% 3,454 20%
Cost Burden not
available 45 1% 50 1% 95 1%
Total 8,900 100% 8,750 100% 17,650 100%
Housing
Cost
Burden
<=30% % 30-50% % >50% %
No /
negative
income (not
computed)
Total
Jurisdiction as a
Whole
8,980 59% 3,515 23% 2,665 18% 155 15,160
White 4,455 67% 1,210 18% 1,020 15% 45 6,685
Black / African
American 35 35% 30 30% 35 35% 0 100
Porterville Analysis of Impediments to Fair Housing Choice 2025 What are the most common housing problems?
Most common housing problems for renters
• 2,275 low- to moderate-income (LMI) renter households with housing cost burden greater than 30%, which accounts for 26% of all households in Porterville.
• 2474, LMI households who are renters with a housing cost burden greater than 50% which accounts for 28% of all households in Porterville.

Most common housing problems for homeowners:
• 1,345 LMI homeowners with a housing cost burden greater than 30% which accounts for 15% of all households in Porterville.
• 980 LMI homeowners with a housing cost burden greater than 50% which accounts for 11% of all households in Porterville
"Worst Case Housing Needs, 2019 Report to Congress” U.S. Department of Housing and Urban Development, Office of Policy Development and Research
Asian 380 67% 130 23% 55 10% 0 565
American Indian,
Alaska Native 105 85% 19 15% 0 0% 0 124
Pacific Islander* 0 0% 0 0% 55 100% 0 55
Hispanic 3,865 52% 2,070 28% 1,495 20% 85 7,430
Porterville Analysis of Impediments to Fair Housing Choice 2025 WHICH HOUSEHOLDS CAN HAVE WORST-CASE NEEDS?
Renter households with worst-case housing needs are those with very low incomes that do not receive government housing assistance and pay more than one-half of their incomes toward rent, those that live in severely inadequate conditions, or both.

By definition, households that can have worst-case needs are households that— • Are renters.
• Have very low incomes—that is, incomes of no more than 50 percent of the area median income (adjusted for family size).

Do not receive housing assistance. Two types of priority problems determine whether households have worst-case needs:
• Severe rent burden means that a renter household is paying more than onehalf of its income for gross rent (rent and utilities). • Severely inadequate housing, which refers to units having one or more serious physical problems related to heating, plumbing, and electrical systems or maintenance
The Housing Authority of the County of Tulare (HACT) offers rental assistance to low and moderate income (LMI) households throughout the County. HACT is responsible for providing a range of affordable housing options to meet the specific needs of individuals and households in need of rental housing assistance. HACT manages and administers the conventional public housing program for Tulare County, including the Porterville area, farm labor centers, and housing for senior citizens, the homeless, and disabled populations.

Section 8 Housing Programs
Housing Choice Voucher Program (HCV): The Section 8 program is tailored to assist families in securing rental housing within the private market, affording them greater autonomy and selection in their residential choices. Administered by the HACT, this program offers rental aid to families expending over 30 percent of their monthly income on housing. Through the Section 8 program, landlords receive a subsidy to bridge the gap between 30 percent of the voucher recipient’s monthly income and the payment standard sanctioned by the federal government. Provided below is a map illustrating the utilization of Section 8 vouchers across the City of Porterville.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Public Housing Programs
The Housing Authority of the County of Tulare (HACT) offers rental assistance through the Section 8 HCV program. In addition to this, HACT also provides housing subsidies for low and moderate-income (LMI) seniors and manages a total of 105 assisted senior housing units within the City.

Currently, there are 480 housing units in the City that receive rental assistance through Section 8 HCV. Throughout Tulare County, there are a total of 2,664 Section 8 HCVs, with 18 percent of them being used within the City. The Housing Authority of Tulare County (HATC) manages a public housing waiting list, which currently has 4,134 households listed for the City and 10,267 listed countywide for the Section 8 program.

The map below illustrates the distribution of public housing units within the City of Porterville.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Persons Experiencing Homelessness
The Kings/Tulare Homeless Alliance (KTHA) represents a collaborative effort among homeless service providers, advocacy groups, government agencies, and individuals experiencing homelessness. Its primary objective is to provide support for the homeless population, prevent and alleviate homelessness, and engage in comprehensive long-term planning for the region. KTHA is actively involved in implementing of diverse programs aimed at providing both temporary and permanent housing, along with essential services for individuals in need. Additionally, Tulare County has instituted a Task Force on Homelessness tasked with the development and execution of innovative strategies to address homelessness within the county. This task force comprises appointed and voluntary representatives from various government agencies, including the municipalities of Porterville, Farmersville, Dinuba, Tulare, and Visalia, as well as community organizations.

According to the 2023 point-in-time (PIT) count in Kings and Tulare County, a total of 1,470 individuals experiencing homelessness were recorded, marking a 16 percent increase from 2022. In Tulare County alone, 1,053 individuals experiencing homelessness were recorded in 2023, compared to 922 in 2022. The rise in homelessness can be attributed to several factors, including changes in the PIT methodology, a potential increase in the number of individuals experiencing homelessness living in their vehicles (which are harder to count), and increased efforts Porterville Analysis of Impediments to Fair Housing Choice 2025 by some authorities to disperse homeless encampments, making an accurate PIT count more challenging.

State law (Section 65583(a)(7)) requires municipalities to address the special needs of persons experiencing homelessness within their boundaries. “Homelessness,” as defined by HUD, describes the condition of an individual, who is not imprisoned or otherwise detained who:
• Lacks a fixed, regular, and adequate nighttime residence; and • Has a primary nighttime residence that is: 
• A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);  • An institution that provides a temporary residence for individuals intended to be institutionalized or 
• A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

Homeless Population Total Population
White 71% 58%
Hispanic/Latino 49% 70%
Native American/Alaskan Native 13% 1%
Black/African American 2% 1%
Asian American/Pacific Islander 0% 5%
Source: Kings/Tulare Homeless Alliance. Kings and Tulare County Point-In-Time (PIT) Count, 2023
In Tulare County, 74 percent of homeless individuals, totaling 779 persons, were unsheltered. Among those experiencing homelessness, 41 percent were in Visalia, 28 percent in Porterville, and 27 percent in Tulare. This is an overrepresentation, as Visalia is home to 30 percent of the county’s population, Porterville to 13 percent, and Tulare to 15 percent. The 2023 PIT found that 41 percent of homeless individuals in Tulare County had a disability, while only 12 percent of the total population had a disability. The majority of individuals experiencing homelessness identified as white (70 percent), 7 percent as Black/African American, and 9 percent as Native American/Alaskan Native. Additionally, approximately 49 percent of homeless individuals identified as Hispanic/Latino.

Homeless residents surveyed in Porterville reported the following issues as barriers to housing:
• Mental disability (43 percent)
• Substance abuse (40 percent)
• HIV/AIDS (one percent)
The Tulare County Task Force on Homelessness provides advice and assistance to the Tulare County Health and Human Services Agency in addressing homelessness in the community. The Task Force coordinates local services and programs and includes members from various cities and agencies in the region.

Porterville Analysis of Impediments to Fair Housing Choice 2025

ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE
KTHA Point in Time Report 2023
Porterville Analysis of Impediments to Fair Housing Choice 2025 Evaluation of City of Porterville’s Current Fair
Housing Legal Status
It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance or other housing-related activities. The Fair Housing Act prohibits discrimination because of race, color, national origin, religion, sex, familial status, and disability. A variety of other federal civil rights laws, including Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, prohibit discrimination in housing and community development programs and activities, particularly those assisted with HUD funding.

These civil rights laws include obligations such as taking reasonable steps to ensure meaningful access to their programs and activities for persons with limited English proficiency (LEP) and taking appropriate steps to ensure effective communication with individuals with disabilities through the provision of appropriate auxiliary aids and services. Various federal fair housing and civil rights laws require HUD and its program participants to affirmatively further the purposes of the Fair Housing Act.

Local governments, Public Housing Authorities (PHA), States, and Insular Areas must be involved in fair housing planning to ensure follow through on the obligation to affirmatively further the policies of the Fair Housing Act. These policies include ensuring that persons are not denied equal opportunities in connection with housing because of their race, color, national origin, religion, disability, sex, or familial status. They also include overcoming patterns of segregation and the denial of access to opportunity that is part of this nation’s history.

To be effective, fair housing planning must tackle tough issues. Fair housing planning affects the community as a whole, so all people in the community must have the opportunity to be at the table and participate in making those decisions.

Fair housing choice is not only about combating discrimination.

Fair housing choice involves individuals and families having the information, opportunity, and options to live where they choose without unlawful discrimination and other barriers related to race, color, religion, sex, familial status, national origin, or disability, and that their choices realistically include housing options in integrated areas with access to opportunity
Porterville Analysis of Impediments to Fair Housing Choice 2025 Fair housing encompasses;

1. Actual choice, which means the existence of realistic housing options;

2. Protected choice, which means housing that can be accessed without discrimination; and

3. Enabled choice, which means realistic access to sufficient information regarding options so that any choice is informed.

The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

For persons with disabilities, fair housing choice and access to opportunity include:
access to accessible housing; and housing in the most integrated setting appropriate to an individual’s need.

HUD – Office of Fair Housing and Equal Opportunity (FHEO) HUD’s Office of Fair Housing and Equal Opportunity (FHEO) works to eliminate housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities. FHEO enforces fair housing laws. One of its roles is to investigate complaints of housing discrimination.

The laws implemented and enforced by FHEO include:
• The Fair Housing Act
• Title VI of the Civil Rights Act of 1964
• Section 109 of the Housing and Community Development Act of 1974 • Section 504 of the Rehabilitation Act of 1973
• Titles II and III of the Americans with Disabilities Act of 1990 • The Architectural Barriers Act of 1968
• The Age Discrimination Act of 1975
• Title IX of the Education Amendments Act of 1972
• Section 3 of the Housing and Urban Development Act of 1968 FHEO investigates complaints, which may be one or both of the following types:

1. Discrimination under the Fair Housing Act (including housing that is privately ownedand operated)

2. Discrimination and other civil rights violations in housing and community development programs, including those funded by HUD
A Brief Overview of the Fair Housing Act
The Fair Housing Act protects specified groups from discrimination in obtaining and maintaining housing. The act applies to the rental or sale of dwelling units with exceptions for single-family homes (as long as the owner does not own more than three single-family homes) and dwellings with up to four units where one is owner-occupied.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Discrimination based on the following characteristics is prohibited under the act. The terms race, color, and national origin are not defined in the Fair Housing Act statute. • Race
• Color
• Religion—The statute provides an exemption for religious organizations to rent or sell a property they own or operate to members of the same religion (as long as membership is not restricted based on race, color, or national origin). • National origin
• Sex—In February 2021, HUD released a memo stating that it would begin accepting discrimination complaints based on sexual orientation or gender identity and that FHEO would conduct “all other activities involving the application, interpretation, and enforcement of the Fair Housing Act’s prohibition on sex discrimination to include discrimination because of sexual orientation and gender identity.” HUD issued this guidance in response to the 2020 decision, Bostock v. Clayton County. The Supreme Court held that Title VII of the Civil Rights Act of 1964 barred employers from firing an individual for being gay or transgender. HUD’s guidance explains that “the Fair Housing Act’s sex discrimination provisions are comparable to those of Title VII and that they likewise prohibit discrimination because of sexual orientation and gender identity.” Further, courts have found discrimination based on sex to include sexual harassment, and HUD regulations outline quid pro quo and hostile environment sexual harassment that violates the Fair Housing Act.

Discrimination based on nonconformity with gender stereotypes may also be unlawful sex-based discrimination under the Fair Housing Act. • Familial status—The statute defines familial status as parents or others having custody of one or more children under age 18. Familial status discrimination does not apply to housing dedicated to older persons in accordance with federal guidelines.
• Disability—The statute defines disability as having a physical or mental impairment that substantially limits one or more major life activities, having a record of such impairment, or being regarded as having such an impairment.

Regulations provide lists of conditions that may constitute physical or mental impairments.15 Major life activities means “functions such as caring for one’s self, performing manual tasks, walking, seeing,
• hearing, speaking, breathing, learning and working.”
The Fair Housing Act protects individuals in the covered classes from discrimination in various activities involving housing. Some of the specific types of activities that are prohibited include the following:
• Refusing to rent or sell, refusing to negotiate for a rental or sale, or otherwise making a dwelling unavailable based on protected class. • Discriminating in the terms, conditions, or privileges of sale or rental or in the services and facilities provided in connection with a sale or rental.

Porterville Analysis of Impediments to Fair Housing Choice 2025 • Making, printing, or publishing notices, statements, or advertisements that indicate a preference, limitation, or discrimination in connection with a sale or rental based on a protected class.
• Representing that a dwelling is not available for inspection, sale, or rental based ona protected class.
• Inducing, for-profit, someone to sell or rent based on the representation that members of a protected class are moving to the neighborhood (sometimes referred to as blockbusting).
• Refusing to allow reasonable modifications or reasonable accommodations for persons with a disability. Reasonable modifications involve physical changes to the property, while reasonable accommodations involve changes in rules, policies, practices, or services to accommodate disabilities. • Discriminating in “residential real estate related transactions,” including the provisionof loans and selling, brokering, or appraising property. • Retaliating (i.e., coercing, intimidating, threatening, or interfering) against anyone attempting to exercise rights under the Fair Housing Act. 2 In the Sale and Rental of Housing:

It is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin:
• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Otherwise make housing unavailable
• Set different terms, conditions, or privileges for sale or rental of a dwelling • Provide a person different housing services or facilities • Falsely deny that housing is available for inspection, sale, or rental • Make, print, or publish any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination
• Impose different sales prices or rental charges for the sale or rental of a dwelling
• Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures, or other requirements
• Evict a tenant or a tenant’s guest
• Harass a person
• Fail or delay performance of maintenance or repairs
• Limit privileges, services, or facilities of a dwelling • Discourage the purchase or rental of a dwelling
• Assign a person to a particular building or neighborhood or section of a building or neighborhood
Porterville Analysis of Impediments to Fair Housing Choice 2025 • For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)
• Refuse to provide or discriminate in the terms or conditions of homeowners ‘insurance because of the race, color, religion, sex, disability, familial status, or national origin of the owner and/or occupants of a dwelling • Deny access to or membership in any multiple listing service or real estate brokers’ organization
2 “The Fair Housing Act: HUD Oversight, Programs, and Activities” Congressional Research Service, April 7, 2021
Civil Rights Obligations of Public Entities and Recipients of Federal Financial Assistance
Federal laws prohibit discrimination in housing and community development programs and activities because of race, color, religion, sex, national origin, familial status, and disability. These obligations extend to recipients of HUD financial assistance, including subrecipients, as well as the operations of state and local governments and their agencies, and certain private organizations operating housing and community development services, programs, or activities. For example, federal laws prohibit discrimination, including the denial of participation in and benefit of the following examples of programs and activities: homelessness, transitional housing, permanent supportive housing, the operations of social service organizations, public housing, voucher programs, other affordable housing programs, community development funded facilities, etc. Recipients and other covered entities must also take affirmative steps within such programs and activities to provide equal housing opportunities.

Affirmatively Furthering Fair Housing
In its AFFH guidance document published in April 2021, HCD describes the importance of segregation and integration analysis in relation to fair housing: Residential segregation and exclusion, whether by race, ethnicity, disability, or income, is a result of numerous housing policies, practices, and procedures—both public and private—that have had enduring and pervasive negative impacts. Overt and covert housing discrimination through land use policy, shifting housing markets, and patterns of investment and disinvestment, have restricted meaningful fair housing choice and equitable access to opportunity, particularly for communities of color. Historic patterns of segregation persist in California despite the long-standing federal mandate, established by the Fair Housing Act of 1968 (FHA), that federal agencies and federal grantees affirmatively further the purposes of the FHA. Past and present discriminatory policies and practices, including long-term disinvestment, have resulted in neighborhoods with concentrated poverty and poor housing stock, limited access to opportunity, unsafe environmental conditions, underfunded schools, dilapidated infrastructure, and other disproportionately experienced problems. In addition, governmental policies have subsidized the development of segregated, high resourced suburbs in metropolitan areas by constructing new highway systems—often through lower-income communities of color— to ensure access to job opportunities in urban centers. This physical and policy infrastructure supports patterns Porterville Analysis of Impediments to Fair Housing Choice 2025 of discrimination and high levels of segregation that continue to persist in California and across the country. All of these conditions persist despite the over 50-year-old obligation to prohibit discrimination and affirmatively further fair housing.

Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, requires HUD and recipients of federal funds from HUD to affirmatively further the policies and purposes of the Fair Housing Act, also known as “affirmatively further fair housing” or “AFFH.” The obligation to affirmatively further fair housing requires recipients of HUD funds to take meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics, which are:
• Race
• Color
• National origin
• Religion
• Sex (including sexual orientation and gender identity) • Familial status
• Disability
California Fair Employment and Housing Act (FEHA): In addition to the protected classes identified under the federal government’s Fair Housing Act, FEHA requires that the following classes also be protected from employment discrimination in the State of California “because of:

Generally, in administering programs and activities relating to housing and community development, the federal government, HUD, and its recipients must:
• Determine who lacks access to opportunity and address any inequity among protected class groups
• Promote integration and reduce segregation
• Transform racially or ethnically concentrated areas of poverty into areas of opportunity
For much of the late 19th and early 20th century, government at all levels throughout the United States, along with private developers and mortgage lending institutions, played an active role in creating segregated living patterns and inequalities of opportunity. The federal government used the power of the military to remove Native Americans from their homelands, restricted federally insured mortgages on the basis of race, and used "slum clearance" and "urban renewal" programs to demolish neighborhoods for infrastructure projects that largely benefitted white Americans at a significant cost to and perpetuated the segregation of Black communities, Indigenous communities, and other communities of color.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Private housing developers also used racially restrictive covenants that perpetuated segregation and restricted access to homeownership and other housing opportunities for communities of color, among many other forms of discrimination.

In 1967, following the “Long, Hot Summer of 1967,” which consisted of over 150 racerelated riots, President Lyndon B. Johnson established the National Advisory Commission on Civil Disorders, also known as the Kerner Commission. The Commission was tasked with investigating the causes of the riots that occurred in cities like Los Angeles, Detroit, Chicago, Newark, Milwaukee, and New York City. The final report of the Commission, issued in 1968, pointed to a lack of economic opportunity, failed government programs, police brutality, and racism, among other causes. The Commission’s Report is famously known for its declaration that “Our nation is moving toward two societies, one black, one white—separate and unequal.”
In 1968, when Congress enacted the Fair Housing Act, one of the Act’s co-sponsors, Senator Walter F. Mondale, explained that “…the proposed law was designed to replace the ghettos by ‘truly integrated and balanced living patterns.’” Congress intended that HUD do more than simply not discriminate itself and intended for HUD to use its grant programs to assist in ending discrimination and segregation, to the point where the supply of genuinely open housing increases. As such, since 1968, the federal government recognized its role in creating segregated living patterns that continue to have negative impacts on health, education, and the economy and its responsibility to undo the effects of policies, practices, and procedures that result in a lack of equity.

As recently as 2015, the U.S. Supreme Court reaffirmed one purpose of the Fair Housing Act when it explained that “much progress remains to be made in our Nation’s continuing struggle against racial isolation…The Court acknowledges the Fair Housing Act’s continuing role in Moving the Nation toward a more integrated society.” HUD and the federal government continue to work toward achieving the integrated and more balanced living patterns envisioned by the Fair Housing Act in 1968. In 2021, the White House issued a Memorandum to the Secretary of Housing and Urban Development, which declared that the affirmatively furthering fair housing provision in the Fair Housing Act, “...is not only a mandate to refrain from discrimination but a mandate to take actions that undo historic patterns of segregation and other types of discrimination and that afford access to long-denied opportunities.” The White House, in 2021, also issued a number of Executive Orders that implicate HUD’s responsibility for implementing the AFFH mandate, including Executive Order 13895, “Advancing Racial Equity for Underserved Communities Through the Federal Government” and Executive Order 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”
For decades, HUD has required recipients of federal financial assistance such as States, local governments, insular areas, and PHAs (program participants) to engage in fair housing planning. Such planning has previously consisted of the Analysis of Impediments to Fair Housing Choice and the Assessment of Fair Housing and was done in connection with other types of planning required by program requirements, such as the Consolidated Plan, Annual Action Plan, and PHA plan.

Porterville Analysis of Impediments to Fair Housing Choice 2025 HUD implements the AFFH mandate in other ways, such as through its collection of certifications from grantees, provisions regarding program design in its notices of funding opportunity (NOFOs), affirmative fair housing marketing and advertising requirements, and enforcement of site and neighborhood standards.

HUD’s 2021 Interim Final Rule (IFR), “Restoring Affirmatively Furthering Fair Housing Definitions and Certifications,” requires program participants to submit certifications that they will affirmatively further fair housing in connection with their consolidated plans, annual action plans, and PHA plans. In order to support these certifications, the IFR creates a voluntary fair housing planning process for which HUD will provide technical assistance and support.

The IFR also rescinds the 2020 Preserving Communities and Neighborhood Choice rule, which was causing funding recipients to certify “compliance” with a regulatory definition that is not a reasonable construction of the Fair Housing Act’s mandate to affirmatively further fair
housing. HUD is putting itself and its program participants back in a position to take meaningful steps towards improved fair housing outcomes.

The IFR does not require program participants to undertake any specific type of fair housing planning to support their certifications and commits HUD to providing technical assistance to those that wish to undertake Assessments of Fair Housing (AFHs), Analyses of Impediments to Fair Housing Choice (AIs), or other forms of fair housing planning. HUD is providing resources to assist program participants.

Disability
Federal nondiscrimination laws provide housing protections for individuals with disabilities. These protections apply in most private housing, state and local government housing, public housing, and other federally-assisted housing programs and activities.

The Fair Housing Act prohibits discrimination in housing and housing-related transactions because of disability.

Federal nondiscrimination laws define a person with a disability to include any;

1. Individual with a physical or mental impairment that substantially limits one or more major life activities;

2. Individual with a record of such impairment; or

3. Individual who is regarded as having such an impairment.

In general, a physical or mental impairment includes, but is not limited to, examples of conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism.

Some impairments are readily observable, while others may be invisible. Observable impairments may include, but are not limited to, blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), Porterville Analysis of Impediments to Fair Housing Choice 2025 neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions.

The term “major life activities” includes those activities that are important to daily life.

Major life activities include, for example, walking, speaking, hearing, seeing, breathing, working, learning, performing manual tasks, and caring for oneself. There are other major life activities that are not on this list. Major life activities also include the operation of major bodily activities, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems.

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Titles II and III of the Americans with Disabilities Act prohibit discrimination on the basis of disability in all programs, services, and activities of public entities and by private entities that own, operate, or lease places of public accommodation.

Section 504 of the Rehabilitation Act provides that no qualified individual with disabilities should, solely by reason of their disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 504 covers all programs and activities of recipients of HUD financial assistance, including, for example:
• Outreach and public contact, including contact with program applicants and participants
• Eligibility criteria
• Application process
• Admission to the program
• Tenancy, including eviction
• Service delivery
• Physical accessibility of facilities
• Employment policies and practice
The Americans with Disabilities Act (ADA)
The ADA is a comprehensive civil rights law for persons with disabilities. Title II of the ADA prohibits discrimination on the basis of disability in all programs, services, and activities provided or made available by public entities (state and local governments and special purpose districts). This includes housing when provided or made available by a public entity regardless of whether the entity receives federal financial assistance. For example, housing covered by Title II of the ADA includes housing operated by public housing agencies that meet the ADA’s definition of “public entity,” and housing operated by States or units of local government, such as housing on a state university campus.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Title III of the ADA prohibits private entities that own, lease (to and from), and operate places of public accommodation from discriminating on the basis of disability and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with established accessibility standards. Public accommodations at housing developments include public areas open to the general public, such as a rental office. Public accommodations would also include, for example, shelters and social service establishments.

Sexual Harassment
Sexual harassment in housing is a form of sex discrimination prohibited by the Fair Housing Act. Sex discrimination is also prohibited by other federal laws, such as Section 109 of the Housing and Community Development Act of 1974 and Title IX of Education Amendments of 1972.

There are two main types of sexual harassment: (1) quid pro quo sexual harassment; and (2) hostile environment sexual harassment.

Quid Pro Quo
Quid pro quo harassment occurs when a housing provider requires a person to submit to an unwelcome request to engage in sexual conduct as a condition of obtaining or maintaining housing or housing-related services.

Hostile Environment
Hostile environment harassment occurs when a housing provider subjects a person to severe or pervasive unwelcome sexual conduct that interferes with the sale, rental, availability, or terms, conditions, or privileges of housing or housing-related services, including financing.

Reasonable Accommodations and Modifications
Rights and Obligations Under Federal Law
Various federal laws require housing providers to make reasonable accommodations and reasonable modifications for individuals with disabilities. Federal nondiscrimination laws that protect against disability discrimination cover not only tenants and home seekers with disabilities, but also buyers and renters without disabilities who live or are associated with individuals with disabilities. These laws also prohibit housing providers from refusing residency to persons with disabilities, or placing conditions on their residency, because they require reasonable accommodations or modifications.

The Fair Housing Act
Under the Fair Housing Act a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas.

Porterville Analysis of Impediments to Fair Housing Choice 2025 In addition, the Fair Housing Act prohibits a housing provider from refusing to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.

Section 504
Unlike the Fair Housing Act, Section 504 does not distinguish between reasonable accommodations and reasonable modifications. Instead, both are captured by the term “reasonable accommodations”. Under Section 504, the requirement to make reasonable accommodations applies to any changes that may be necessary to provide equal opportunity to participate in any federally-assisted program or activity. This includes a change, adaptation or modification to a policy, program, service, facility, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, live in housing, or perform a job.

Reasonable accommodations also include any structural changes that may be necessary.

Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. Under Section 504, reasonable accommodations must be provided and paid for by the housing provider unless providing them would be an undue financial and administrative burden or a fundamental alteration of the program. In such cases, the provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. In addition to the statutory requirement to make reasonable accommodations under Section 504, HUD's Section 504 regulation provides for making "housing adjustments" at 24 C.F.R. § 8.33.

Americans with Disabilities Act (ADA)
Similar to and based upon the Section 504 reasonable accommodation requirement, Titles II and III of the ADA require public entities and public accommodations to make reasonable modifications to policies, practices, or procedures to avoid discrimination. This obligation applies unless the public entity can demonstrate that the modifications would fundamentally alter the nature of its service, program, or activity (Title II), or the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations (Title III).

Reasonable Accommodations
A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations. Please note that the ADA often refers to these types of accommodations as “modifications.”
Porterville Analysis of Impediments to Fair Housing Choice 2025 Any change in the way things are customarily done that enables a person with disabilities to enjoy housing opportunities or to meet program requirements is a reasonable accommodation. In other words, reasonable accommodations eliminate barriers that prevent persons with disabilities from fully participating in housing opportunities, including both private housing and in federally-assisted programs or activities. Housing providers may not require persons with disabilities to pay extra fees or deposits or place any other special conditions or requirements as a condition of receiving a reasonable accommodation.

Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny persons with disabilities an equal opportunity to enjoy a dwelling or participate in the program. Not all persons with disabilities will have a need to request a reasonable accommodation. However, all persons with disabilities have a right to request or be provided a reasonable accommodation at any time.

Under Section 504 and the ADA, public housing agencies, other federally-assisted housing providers, and state or local government entities are required to provide and pay for structural modifications as reasonable accommodations/modifications.

Reasonable Modifications
Under the Fair Housing Act, a reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. Examples include the installation of a ramp into a building, lowering the entry threshold of a unit, or the installation of grab bars in a bathroom. Under the Fair Housing Act, prohibited discrimination includes a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.

Under Section 504, a housing provider is required to provide and pay for the structural modification as a reasonable accommodation unless it amounts to an undue financial and administrative burden or a fundamental alteration of the program. If an undue burden or fundamental alteration exists, the recipient is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. Examples include:
• Assigning an accessible parking space for a person with a mobility impairment
• Permitting a tenant to transfer to a ground-floor unit • Adjusting a rent payment schedule to accommodate when an individual receives income assistance
• Adding a grab bar to a tenant’s bathroom
Porterville Analysis of Impediments to Fair Housing Choice 2025 • Permitting an applicant to submit a housing application via a different means • Permitting an assistance animal in a "no pets” building for a person who is deaf, blind, has seizures, or has a mental disability.

The requirement to provide reasonable accommodations and modifications applies to, but is not limited to individuals, corporations, associations and others involved in the provision of housing or residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. This also applies to state and local governments, including in the context of exclusionary zoning or other land- use decisions.

A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation or modification may be necessary because of a disability. If a person’s disability is obvious, readily apparent, or otherwise known to the provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the provider may not request any additional information. If the disability and/or the disability- related need for the requested accommodation or modification is not known or obvious, the provider may request only information that is necessary to evaluate the disability and/or disability-related need for the accommodation. This information may be from the requesting individual, medical professional, a peer support group, a nonmedical service agency, or a reliable third party who is in a position to know about the individual's disability. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry and may be inappropriate.

A housing provider can deny a request for a reasonable accommodation or modification if the request was not made by or on behalf of a person with a disability or if there is no disability- related need for the accommodation or modification. In addition, a request for a reasonable accommodation or modification may be denied if providing the accommodation or modification would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the housing provider’s program. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors. If an undue burden or fundamental alteration exists, the housing provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular housing provider and/or constitute a fundamental alteration of the program.

When a housing provider denies a requested accommodation or modification, the provider should discuss with the requester whether there is an alternative accommodation or modification that would effectively address the requester's disability-related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden. As part of this interactive process, the housing provider should
recognize that the individual requesting the accommodation or modification is most familiar with his or her disability and is in the best position to determine what type of aid Porterville Analysis of Impediments to Fair Housing Choice 2025 or service will be effective to meet a disability-related need. These discussions often result in an effective accommodation or modification for the requester that does not pose an undue financial and administrative burden for the provider.

A provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a reasonable accommodation request may be deemed to be a failure to provide a reasonable accommodation. A failure to reach an agreement on an accommodation request is in effect a decision by the provider not to grant the requested accommodation.

Limited English Proficiency
For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand English. For purposes of Title VI and the Limited English Proficient (LEP) Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter.

Title VI of the Civil Rights Act of 1964 is the federal law that protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive federal financial assistance. In certain situations, failure to ensure that persons who are LEP can effectively participate in, or benefit from, federally assisted programs may violate Title VI's prohibition against national origin discrimination.

EO 13166, signed on August 11, 2000, directs all federal agencies, including the Department of Housing and Urban Development (HUD), to work to ensure that programs receiving federal financial assistance provide meaningful access to LEP persons.

Pursuant to EO 13166, the meaningful access requirement of the Title VI regulations and the four-factor analysis set forth in the Department of Justice (DOJ) LEP Guidance apply to the programs and activities of federal agencies, including HUD. In addition, EO 13166 requires federal agencies to issue LEP Guidance to assist their federally assisted recipients in providing such meaningful access to their programs. This Guidance must be consistent with the DOJ Guidance. Each federal agency is required to specifically tailor the general standards established in DOJ's Guidance to its federally assisted recipients.

On December 19, 2003, HUD published such proposed Guidance.

Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities. To do this, the recipient should:

1. conduct the four-factor analysis;

2. develop a Language Access Plan (LAP); and

3. provide appropriate language assistance.

The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. HUD Porterville Analysis of Impediments to Fair Housing Choice 2025 recognizes that some projects' budgets and resources are constrained by contracts and agreements with HUD. These constraints may impose a material burden upon the projects. Where a HUD recipient can demonstrate such a material burden, HUD views this as a critical item in the consideration of costs in the four-factor analysis. However, refusing to serve LEP persons or not adequately serving or delaying services to LEP persons would violate Title VI. The agency may, for example, have a contract with another organization to supply an interpreter when needed; use a telephone service line interpreter; or, if it would not impose an undue burden, or delay or deny meaningful access to the client, the agency may seek the assistance of another agency in the same community with bilingual staff to help provide oral interpretation service.

If a person believes that a HUD federally assisted recipient is not taking reasonable steps to ensure meaningful access to LEP persons, that individual may file a complaint with HUD's local Office of Fair Housing and Equal Opportunity (FHEO).

Actions for a Violation
Housing Discrimination Complaints filed with State and Federal Organizations Formal complaints related to housing discrimination in the State of California are generally filed with HUD’s Office of Fair Housing and Equal Opportunity (FHEO), the Housing and Civil Enforcement Section of the United States Department of Justice.

A party who believes they have been a victim of illegal discrimination, based on their membership in one of the federally protected classes, during a housing related transaction, may file a complaint with the Department of Housing and Urban Development (HUD). When a complaint is filed, HUD will investigate the complaint and try to conciliate the matter with both parties. FHEO administers and enforces federal laws and establishes policies that ensure all Americans have equal access to the housing of their choice.

In addition to general fair housing discrimination complaints, HUD accepts specific complaints that violate Section 504 of the Rehabilitation Act of 1973, prohibiting programs or organizations that receive federal funds from discriminating against persons with disabilities. In relation to housing, this means that any housing program that accepts federal funds must promote equal access of units, regardless of disability status. Both mental and physical disability are included in Section 504.

An example of a Section 504 violation is a public housing manager who demands a higher housing deposit to a person in a wheelchair because of the anticipated damage that a wheelchair may cause. This violates Section 504 in that a person cannot be held to different standards or liabilities due to disability.

Complaints that are in violation of Section 504 are filed and processed in the same manner as general fair housing complaints.

The City refers fair housing issues and complaints to CSET, CCLS, FHCC, CRLA, the California Civil Rights Department and the HUD Office of Fair Housing and Equal Porterville Analysis of Impediments to Fair Housing Choice 2025 Opportunity (FHEO). This information is available on the City’s Fair Housing webpage with contact information and links to local fair housing providers and the FHEO website.

The California Civil Rights Department maintains a record of housing discrimination complaints filed in local jurisdictions. The main source of housing complaints in Porterville is related to code enforcement. The City has established a complaint system in which community members can anonymously submit any code violation complaint through the online complaint system on the City’s website and through the myPorterville Mobile Application. The myPorterville Mobile Application provides an accessible way for residents to submit requests to the City on a number of City services, including code enforcement, housing issues, and transit requests and complaints. Housing complaints submitted through myPorterville are published on the City’s website, with a chart documenting the number of complaints received in the last six months Over the past two years, HUD has received one filing in City of Porterville, and the basis was disability; this filing remains open at this time.

The Housing and Civil Enforcement Section of the Department of Justice works to protect some of the most fundamental rights of individuals, including the right to access housing free from discrimination, the right to access credit on an equal basis, the right to patronize places of business that provide public accommodations, and the right to practice one’s faith free from discrimination.

HUD – Multifamily Housing Complaint Line
The Multifamily Housing Complaint Line is a service provided by HUD's Multifamily Housing Clearinghouse (MFHC) that enables residents of HUD-insured and -assisted properties and other community members to report complaints with a property's management concerning matters such as poor maintenance, dangers to health and safety, mismanagement, and fraud. It can be accessed by dialing 1-800-MULTI-70 (1- 800-685-8470).

Callers to this line can speak to MFHC information specialists in English and Spanish, who will help them resolve their problem. MFHC staff explain how to report problems to building management more effectively, answer questions about residents' rights, and refer callers to local Public Housing Agencies and other organizations, if needed. If a complaint is serious enough to bring to HUD's attention, MFHC information specialists write up a report on the problem and fax or email it to the appropriate HUD Field Office for action.

The Multifamily Housing Complaint Line supports HUD's enforcement efforts by empowering tenants and community residents to act as HUD's eyes and ears to ensure safe, decent, and sanitary housing. Complaints of housing discrimination are handled by the Office of Fair Housing and Equal Opportunity.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Fair Housing Assistance Program (FHAP)
Through the Fair Housing Assistance Program (FHAP), HUD funds state and local agencies that administer fair housing laws that HUD has determined to be substantially equivalent to the Fair Housing Act.

The Fair Housing Act contemplates that, across the country, state and local governments will enact and enforce their own statutes and ordinances that are substantially equivalent to the Fair Housing Act. HUD provides FHAP funding annually on a noncompetitive basis to state and local agencies that administer fair housing laws that provide rights and remedies that are substantially equivalent to those provided by the Fair Housing Act.

A state or local agency may be certified as substantially equivalent after it applies for certification. HUD then determines that the agency administers a law that provides substantive rights, procedures, remedies, and judicial review provisions that are substantially equivalent to the Fair Housing Act. Typically, once certified, HUD will refer complaints of housing discrimination that it receives to the state or local agency for investigation.

FHAP is an intergovernmental enforcement partnership between HUD and the state or local agencies. As in any partnership, both parties must contribute to the success of the program.

While HUD provides significant resources to Substantially Equivalent Agencies in the form of training, technical assistance, and funding. The agencies must demonstrate a commitment to thorough and professional complaint processing. This includes all phases of complaint processing, from accurate identification of issues at intake, through complete and sound investigations, to following through on administrative or judicial enforcement to ensure that victims of unlawful housing discrimination obtain full remedies and the public interest is served. The agencies should also work to develop relationships with public, private, and non-profit organizations in a grassroots approach to making fair and open housing a reality.

Fair Housing Initiatives Program (FHIP)
Fair housing organizations and other non-profits that receive funding through the Fair Housing Initiatives Program (FHIP) assist people who believe they have been victims of housing discrimination.

FHIP organizations partner with HUD to help people identify government agencies that handle complaints of housing discrimination. They also conduct preliminary claims Porterville Analysis of Impediments to Fair Housing Choice 2025 investigations, including sending "testers" to properties suspected of practicing housing discrimination.

In addition to funding organizations that provide direct assistance to individuals who feel they have been discriminated against while attempting to purchase or rent housing, FHIP also has initiatives that promote fair housing laws and equal housing opportunity awareness. Porterville cooperates with federal, state and regional agencies to promote open housing choice and equal opportunity. Depending on the nature of the complaints, Porterville currently refers complaints regarding housing discrimination to CCLS Central California Legal Services
California Rural Legal Aid
Central California Fair Housing Council
Community Services Employment Training (CSET)
California Civil Rights Department
HUD Office Fair Housing and Equal Opportunity (FHEO)
This information is available on the City’s Fair Housing webpage with contact information and links to local fair housing providers and the FHEO website. The California Civil Rights Department maintains a record of housing discrimination complaints filed in local jurisdictions.

The U.S. Department of Housing and Urban Development (HUD) provides Fair Housing Assistance Program (FHAP) funding annually on a noncompetitive basis to state and local agencies that enforce fair housing laws that HUD, CAD determined to be substantially equivalent to the Fair Housing Act. A state or local agency may be certified as substantially equivalent after it applies for certification and HUD determines that the agency administers a law that provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the Fair Housing Act. Typically, once certified, HUD will refer complaints of housing discrimination that it receives to the state or local agency for investigation.

The California Civil Rights Department, Central California Legal Services, and Rural Legal Aid provide resources and support for fair housing complaints for Porterville residents.

The California Civil Rights Department (CRD) maintains a record of housing discrimination complaints filed in local jurisdictions. Between January 2006 and June 2020, a total of 92 cases were filed with the CRD in Tulare County Disability-related discrimination comprised the largest proportion of cases (61 percent of cases), followed by race (29 percent of cases). Most of the race-based cases were filed by Black/African American residents (78 percent of race-based cases).

Porterville Analysis of Impediments to Fair Housing Choice 2025 Tulare Fair Housing Complaints (2006-2020)
Basis Number
Disability 56
Race/Color 56
Familial Status 9
Sex 5
National Origin 3
Religion 2
Source: Data.gov, Office of Fair Housing and Equal Opportunity Filed Cases, 2020 Community Services Employment Training CSET
108 E Morton Ave,
Porterville, CA 93257
(559) 216-0525
CSET has not conducted specific training for landlords in Porterville; however, they host Fair Housing Resources events and conduct general housing education workshops which are open to landlords as well.

FTHB Workshop - Feb 3, Feb 10, March 23, April 6, May 18, June 1, July 13, August 10, Sep 21, 2024
Fair Housing Event - Jun 27, 2024
In speaking with Raquel Gomez, CSET’S Division Director, Community Initiatives, she identified Porterville, like many cities, faces unique challenges related to fair housing. It is our opinion that some key factors in the community include:
• Affordable Housing Shortage: shortage of affordable housing, which disproportionately impacts low-income individuals, families, and minority communities. Rising rent costs and limited availability of affordable housing exacerbate this issue.
• Agricultural Economy: Porterville’s economy is heavily reliant on agriculture, and many farmworkers are low-income or seasonal workers. Housing discrimination against these populations, particularly undocumented workers, is a concern, with issues such as exploitative rental practices being prevalent and the fear of being reported to the INS.
• Language Barriers: Many residents in the region are Spanish-speaking and come from immigrant communities, which can create obstacles in understanding tenant rights or accessing legal resources. • Rural Challenges: As a smaller and more rural "city", Porterville lacks the resources, legal aid services, and housing advocates that larger cities have.

This can make it more difficult for residents to report discrimination or access affordable housing programs.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Raquel also identified several emerging trends in discriminatory practices:
• Technological advances that are not inclusive.
• Tenants facing eviction during and after the COVID-19 pandemic, even during the eviction moratorium.
• Housing discrimination against individuals with disabilities remains a significant issue and continues to require awareness efforts.
• The impact of climate change, such as flooding or heatwaves, disproportionately affects vulnerable populations, and the difficulty accessing FEMA and other relief efforts (the documentation required leaves many out).

CSET has not received any complaints regarding housing discrimination within Porterville's jurisdiction in the last five years.

Fair Housing Council of Central California
333 W. Shaw Avenue, Suite 14
Fresno, CA 93704
(559) 244-2950
https://fhc-cc.org/
The Fair Housing Council of Central California seeks to serve the racially and ethnically diverse, multi-cultural region of California’s great Central Valley. The Fair Housing Council of Central California is a professional, non-profit, civil rights organization dedicated to the elimination of discrimination in housing and the expansion of housing opportunities for all persons. The Fair Housing Council accomplishes its goal through the advocacy of equal housing opportunities, assisting victims of housing discrimination and enforcing compliance with fair housing laws, including the Community Reinvestment Act and the Equal Credit Opportunity Act. It provides a multifaceted program of private enforcement, education and outreach, research and advocacy to affirmatively further the goal of equal housing opportunity The FHC-CC investigates complaints of housing discrimination and predatory lending. The Fair Housing Council of Central California offers mediation and counseling, advocacy, research, and fair housing training and workshops for consumers and housing providers. We are dedicated to eradicating housing discrimination by ensuring compliance with federal and state housing laws.

There is currently no random fair housing testing currently occurring in Porterville California Civil Rights Department
1277 E. Alluvial Avenue, Suite 101
Fresno, CA 93720
Phone: (800) 884-1684
The California Civil Rights Department (CRD) is the institutional centerpiece of California’s broad policy against discrimination, harassment, and hate violence. Born out of a decades-long struggle to prohibit discrimination in employment, housing, and Porterville Analysis of Impediments to Fair Housing Choice 2025 business establishments, CRD has been at the forefront of protecting civil rights in California since its inception. CRD operates both virtually and through offices across California in Bakersfield, Elk Grove, Fresno, Los Angeles, Oakland, and Riverside. CRD enforces state fair housing laws that prohibit discrimination or harassment based on protected characteristics including gender, race, national origin, sexual orientation, gender identity, or religion among others. These laws also require reasonable accommodations for disabilities and prohibit retaliation against individuals exercising their rights. The laws apply to various entities involved in housing and housing-related services, such as landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, housing authorities, and others. They cover all aspects of housing including renting, leasing, sales, new construction, mortgage lending, insurance, municipal services, shelters, advertising, and restrictive covenants. In addition, it is illegal for cities, counties, or local government agencies to make zoning, land-use decisions, or policies that discriminate based on a protected characteristic. When someone files a discrimination complaint, the CRD evaluates the facts and decides whether to accept the case for investigation. If the case is accepted, the CRD independently investigates the facts and legal issues. This includes reviewing responses from those accused of discrimination, as well as any other information and evidence submitted by both parties. The CRD aims to resolve the dispute in appropriate cases and may also decide to take legal action.

CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded and state-administered programs and activities, and from hate violence and human trafficking. To accomplish this mission, CRD receives, investigates, conciliates, mediates, and prosecutes complaints of alleged violations of the Fair Employment and Housing Act (FEHA), Equal Pay Act, Unruh Civil Rights Act, Disabled Persons Act, Ralph Civil Rights Act, Trafficking Victims Protection Act, and statutes prohibiting discrimination in state-funded and stateadministered programs and activities, among other civil rights laws.

More specifically, the state’s various civil rights laws empower CRD to:
• Investigate and initiate complaints of individual and group discrimination. • Facilitate resolution of disputes involving civil rights by providing conciliation and mediation services.
• Enforce the law by prosecuting civil rights violations in civil court. • Promulgate regulations and issue guidance.
• Collect data on the pay, hours worked, and demographics of California employees working for private employers with 100 or more employees. • Work with community and government entities to constructively resolve conflict associated with allegations of discrimination and minimize the potential for violence.
• Engage in public outreach and provide training and technical assistance regarding California’s civil rights protections
Porterville Analysis of Impediments to Fair Housing Choice 2025 Central California Legal Services
2115 Kern Street, Suite 200
Fresno, California 93721
Phone: 1 (800)675-8001
Service Counites: Fresno, Merced, Tuolumne, Mariposa, Tulare and King Central California Legal Aid is a private, not-for-profit, public-interest law firm established for the purpose of providing free civil legal assistance to low-income individuals, families, organizations, and communities. These legal needs include access to basic necessities, healthcare, housing, protecting families and seniors from violence and consumer fraud, and helping veterans overcome barriers to employment. CCLA maintains three satellite offices in Fresno, Merced, and Visalia, toll-free legal advice lines, and a website with legal forms and educational content. Additionally, CCLS collaborates with agencies and community organizations to support low-income individuals, families, and communities.

CCLA partners with the statewide Health Consumer Alliance (HCA), whose mission is to provide quality civil legal services to low-income and vulnerable Californians.

Every year Central California Legal Aid Services helps thousands of Californians with critical legal problems such as escaping domestic violence and sexual assault, protecting abused and neglected children, preserving housing, helping vulnerable seniors and stopping discrimination.

CCLS has been advocating for low-income individuals in Tulare and other central California counties for over 50 years. CCLS provides high-quality civil legal services.

Central California Legal Aid provides assistance with the housing laws and issues such as:
• Evictions
• Fair Housing Act
• Homeowner rights
• House foreclosure
• Mobile home tenants
• Property taxes
• Rights of tenants
• Safe housing
• Utility bills
• COVID protections
• Section 8
• Discrimination
Central California Legal Aid Services is limited in what types of cases that can be accepted based on program priorities, available staff and funding in each local office. Housing Legal Advice Line. If you are a tenant and need help with a legal problem related to your housing (such as evictions, repairs, security deposits, or housing discrimination) or you are a homeowner that needs help with foreclosure prevention, you have a question you Porterville Analysis of Impediments to Fair Housing Choice 2025 think a lawyer should answer, or you have been sued and don’t know where to turn, call our Housing Advice Line. Legal Advice Line (800) 675-8001 California Rural Legal Aid
Tulare Office
195 N K St
Tulare, CA 93274
1(800) 337-0690
California Rural Legal Assistance, Inc. (CRLA) is a nonprofit law firm founded in 1966 to provide free civil legal services to low-income residents of California's rural counties.

California Rural Legal Assistance, Inc. (CRLA) is the leading civil legal aid organization serving rural California’s diverse low-income communities with seventeen offices spanning the state, from El Centro in the Imperial Valley to Santa Rosa and Marysville in the north, to the Central Valley and Central Coast. Since its founding in 1966, CRLA has committed fifty percent of staff time and resources to direct legal services for low-income clients and fifty percent to impact litigation that addresses root causes of poverty. The organization has a strong history of pivotal civil rights advocacy in housing, employment, K-12 education, healthcare access, community development, and environmental justice.

CRLA provides free legal services and education to tens of thousands of low-income residents of California’s rural counties and litigates cases that benefit even more people.

CRLA helps with all matters of housing discrimination including finding and staying in safe housing, displacement, discrimination, foreclosures, evictions and lockouts.

City of Porterville & TCAG Housing Survey
The City of Porterville collaborated with TCAG and the other participating jurisdictions on the release of an online survey about housing needs This section summarizes information collected from survey respondents who noted that they reside in Porterville:
• Respondents selected “quality and size of housing,” “affordability,” and “close to work and/or school” as most important when looking for housing.
• Overall, respondents selected “cost of quality housing” as the largest barrier to affording desirable housing. Respondents also identified the low supply of housing and lack of rent-restricted housing as barriers to affording housing.
• The most selected urgent housing issues are affordability of desired housing, availability of desired housing, and homelessness. • The housing assistance programs most beneficial to Porterville residents are rental assistance or housing choice vouchers (HCVs), housing assistance for residents with special needs, and housing rehabilitation assistance. Respondents also cited homebuyer Porterville Analysis of Impediments to Fair Housing Choice 2025 counseling services as beneficial programs to assist with housing needs.
• “Housing with three or more bedrooms” was ranked as most needed followed by “housing with one or two bedrooms.”
• Approximately one-third of respondents were interested in developing accessory dwelling units (ADUs) on their existing or future property. No respondents already had an ADU on their property.
• Respondents from all jurisdictions identified a need for supportive housing programs for individuals experiencing homelessness. • Respondents across jurisdictions expressed the need for medianincome housing, “higher end” housing, and non-low-income housing to keep families in the region.

During community outreach, community members identified the following overarching themes regarding housing in the region:

Need more housing options for both renters and buyers at all income levels.

How addressed: The City will encourage housing development and diversification of the City’s housing stock to create additional housing for households of all income levels.

Need for financial assistance for low-income renters and homeowner households.

How addressed: The City will coordinate with local service providers and agencies that operate assistance programs for low-income households to spread awareness of available financial resources.
other available assistance programs through the City’s website, social media pages, and in-person community events.

Need for housing for people with special needs.

How addressed: The City will coordinate with local service providers and agencies that operate assistance programs for low-income households to spread awareness of available financial resources.

Need for housing close to transportation, jobs, and services.

How addressed: The City will provide infrastructure to create a safe and accessible environment, attract businesses and investments, contribute to economic growth and ensure equal access to essential services. The Site Inventory has identified several opportunity sites for housing less than one mile from the Porterville Transit Center, along Main Street and Henderson Avenue in Northeast Porterville and in Central Porterville, with access to public transit and commercial services.

Community members of the City found that the following themes emerged as important:
• During the workshop, participants expressed the need for more affordable housing in the city, particularly accessible affordable housing for residents with disabilities, as well as housing for all income levels.

Porterville Analysis of Impediments to Fair Housing Choice 2025 • Participants also stated there is not enough housing near transit stops and facilities. Households using HCVs have difficulty finding available affordable housing and there are not enough housing opportunities for these households.
• Additionally, participants identified a need for strategic community engagement and outreach programs regarding housing, suggesting the City work with trusted local organizations.

Respondents stated home rehabilitation assistance programs, mobile home preservation assistance programs, and higher density zoning would be beneficial in addressing housing issues in the city.

Housing needs in the city also include supportive housing programs for individuals experiencing homelessness.
*This section will continue to be updated as more survey results are logged.

Identification of Impediments to Fair Housing Choice
The AI is a comprehensive review of a jurisdiction’s laws, regulations, and administrative policies, procedures, and practices affecting the location, availability, and accessibility of housing, as well as an assessment of conditions, both public and private, affecting fair housing choice.

The AI is a review of impediments to fair housing choice in the public and private sector.

Impediments to fair housing choice are any actions, omissions, or decisions taken because of Race, Color, Religion, Gender, National Origin, Familial Status (Families with children under 18 years old), Physical and/or Mental Disability, Sexual Orientation, Marital Status, Ancestry, Age, Source of Income, Gender Identity and Gender Expression, Genetic Information or Other Arbitrary Basis that restrict housing choices or the availability of housing choices, or any actions, omissions, or decisions that have the effect of restricting housing choices or the availability of housing choices on the basis of race, color, religion, sex, disability, familial status, or national origin. Policies, practices, or procedures that appear neutral on their face but operate to deny or adversely affect the housing provision to persons of a particular race, color, religion, sex, disability, familial status, or national origin may constitute such impediments.

Impediments include actions or omissions in the jurisdiction’s public or private housing sector that:
• Constitute violations, or potential violations, of the Fair Housing Act • Are counterproductive to fair housing choice, such as NIMBYism:
• Community resistance when minorities, persons with disabilities, and/or low-income persons first move into White and/or moderate- to highincome areas Porterville Analysis of Impediments to Fair Housing Choice 2025 • Community resistance to the siting of housing facilities for people with disabilities in residential neighborhoods based on their disabilities • Have the effect of restricting housing opportunities on the basis of race, color, religion, sex, disability, familial status, or national origin.

Public Sector
Zoning and Site Selection
Local government policies that limit or exclude housing facilities for persons with disabilities or other housing for homeless people from certain residential areas may violate the provisions of the Fair Housing Act. This is because they may indirectly discriminate against persons with disabilities and minorities, many of whom are homeless.

Building codes that require certain amenities or setbacks also affect the feasibility of providing low- and moderate-income housing development.

Even where zoning or other government policies are permissive, neighborhood residents often
resist the placement of certain types of housing in their area. The attitude of local government officials, public pronouncements of general policy, and careful planning and implementation of individual housing efforts by providers are key aspects for overcoming resistance of this kind.

Placement of new or rehabilitated housing for lower-income people is one of the most controversial issues communities face. If fair housing objectives are to be achieved, the goal must be to avoid high concentrations of low-income housing.

Whether the persons to be served are families with children, persons with disabilities, homeless persons, or lower-income minorities, many communities feel strongly that housing for these persons should be provided but “not in my back yard” (NIMBY). This attitude seriously affects the availability of housing for people in these groups and is one of the most difficult challenges jurisdictions encounter in promoting fair housing objectives.

HUD has regulations governing the selection of sites for certain HUD-assisted housing programs. These regulations are flexible and express the goal previously stated.

Jurisdictions should strive to meet the intent and spirit of these regulations in providing or approving sites for all of the low- and moderate- income housing developed in the community.

Housing Authority of Tulare County (HATC)
Public housing was established to provide decent and safe rental housing for eligible low-income families, the elderly, and persons with disabilities. Public housing comes in all sizes and types, from scattered single-family houses to highrise apartments for elderly families.

U.S. Department of Housing and Urban Development (HUD) administers Federal aid to the Housing Authority of Tulare Country (HATC) the City’s Housing Authority, to help manage the housing for low-income residents at rents they can afford.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Public housing is limited to low-income families and individuals. HATC determines eligibility based on:
1) annual gross income;
2) whether you qualify as elderly, a person with a disability, or as a family; and
3) U.S. citizenship or eligible immigration status.

Rent, referred to as the Total Tenant Payment (TTP) in this program, is based on a family's anticipated gross annual income less deductions, if any. HUD regulations allow HATC to exclude from annual income the following allowances: $480 for each dependent; $400 for any elderly family or a person with a disability; and some medical deductions for families headed by an elderly person or a person with disabilities. HATC determines if any allowable deductions should be subtracted from the client’s annual income based on the application. Annual income is the anticipated total income from all sources received from the family head and spouse, and each additional member of the family 18 years of age or older.

The formula used in determining the TTP is the highest of the following, rounded to the nearest dollar:
1) 30 percent of the monthly adjusted income. (Monthly Adjusted Income is annual incomeless deductions allowed by the regulations); 2) 10 percent of monthly income;
3) welfare rent, if applicable; or
4) a $25 minimum rent or higher amount (up to $50) set by a housing authority.

Housing Choice Vouchers
Section 8 vouchers can be an extremely effective tool in reducing concentrations of lowincome households. This was the intent of the voucher choice program when it was introduced in 1974. Sometimes voucher holders are discriminated against by landlords who are unwilling to accept Section 8 vouchers. Source of income is a protected class in California.

Consequently, voucher holders must be located where rental housing is available. The voucher holder’s rental options are limited, in most cases, to rental units priced at or below Fair Market Rent.

The housing choice voucher program is the federal government's major program for assisting very low- income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Since housing assistance is provided on behalf of the family or individual, participants can find their own housing, including single-family homes, townhouses, and apartments.

Porterville Analysis of Impediments to Fair Housing Choice 2025 The participant is free to choose any housing that meets the program's requirements and is not limited to units located in subsidized housing projects.

Housing choice vouchers are administered locally by public housing agencies (PHAs).

The Housing Authority of Tulare County (HATC), the housing authority for the City of Porterville, receives federal funds from the U.S. Department of Housing and Urban Development (HUD) to administer the voucher program.

A family issued a housing voucher is responsible for finding a suitable housing unit of the family's choice where the owner agrees to rent under the program. This unit may include the family's present residence. Rental units must meet minimum health and safety standards, as determined by the Housing Authority of Tulare County.

A housing subsidy is paid to the landlord directly by the HATC on behalf of the participating family. The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. Under certain circumstances, if authorized by the HATC, a family may use its voucher to purchase a modest home.

Eligibility for a housing voucher is determined based on the total annual gross income and family size. It is limited to US citizens and specified categories of non-citizens who have eligible immigration status. In general, the family's income may not exceed 50% of the median income for the county or metropolitan area in which the family chooses to live.

By law, HATC must provide 75 percent of its vouchers to applicants whose incomes do not exceed 30 percent of the area median income. Median income levels are published by HUD and vary by location.

Since the demand for housing assistance often exceeds the limited resources available to HUD and the local housing agencies, long waiting periods are common. A PHA may close its waiting list when it has more families on the list than can be assisted in the near future.

PHAs may establish local preferences for selecting applicants from their waiting list.

The HATC calculates the maximum amount of housing assistance allowable. The maximum housing assistance is generally the lesser of the payment standard minus 30% of the family's monthly adjusted income or the gross rent for the unit minus 30% of the monthly adjusted income.

For example, PHAs may give a preference to a family who is (1) homeless or living in substandard housing, (2) paying more than 50% of its income for rent, or (3) involuntarily displaced. Families who qualify for such local preferences move ahead of other families on the list who do not qualify for any preference. Each PHA has the discretion to establish local preferences to reflect its particular community's housing needs and priorities.

Sale of Subsidized Housing and Possible Displacement
In the sale of subsidized housing, the objective should be to preserve lower-income housing opportunities to the maximum extent feasible. However, suppose any Porterville Analysis of Impediments to Fair Housing Choice 2025 displacement of a current minority or disabled low-income families occurs. In that case, the objective should be to provide other housing opportunities to displaced households by giving them a real choice to relocate inside and outside minority neighborhoods or in buildings predominantly occupied by minorities or persons with disabilities. Because a relocation plan often places sole reliance on the provision of certificates or vouchers to displaced households, a good program to promote real choice in the use of certificates and vouchers is essential.

Private Sector
Under the broad term “private sector” are many specific aspects of the jurisdiction’s housing market that should be examined to determine whether fair housing objectives are being served. Government policies and procedures that regulate, monitor, or otherwise impact rental, sales, and property insurance practices can play a significant role in promoting fair housing choice.

Lending Policies and Practices
Until very recently, mortgage lending and real estate appraisal policies and practices were openly discriminatory. Decisions regarding property values, lending criteria, and related factors frequently rested on the race or ethnicity of the applicant and the racial or ethnic identity of the neighborhood in which the subject property was located. Lending policies and practices also treated applicants differently based on gender. Because of the close relationship between mortgage lending and appraisal activities, the policies and practices in one area significantly impact those in the other area.

Appraisal and lending criteria that look at age, size, or minimum value of a dwelling in light of “stability” factors—such as whether the neighborhood is homogeneous or changing culturally or socially—may be more recent iterations of previous policies and criteria that referred openly to neighborhood stability or change in terms of racial characteristics. Intentional or inadvertent
discrimination may result from applying these criteria or various other factors, some of which may be very difficult or impossible to detect in a fair housing review by a regulatory or other agency.

Lending policies and requirements related to credit history, current credit rating, employment history, and general character of applicants enable lenders to use a great deal of discretion and in the process deny loans even though the prospective borrower would have been an acceptable risk. In October 1992, the Federal Reserve Bank of Boston released a study of 131 Boston area lenders that showed that the subjectivity built into the loan process is a principal cause of discrimination in lending.

The study is based on the review of 3,062 loan applications. The study concluded that, after controlling for all objective indicators of applicant risk, lenders still rejected members of minority groups 56 percent more often than otherwise identical White applicants. For Whites, “compensating factors” are considered that result in loan approval at a much higher rate than for Blacks or Hispanics.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Studies such as this point to the need for affirmative action by lenders themselves to look at their policies and practices and change the manner in which judgments are made by every person who plays a role in the lending process.

Lenders may apply different terms for different applicants or dwellings in different neighborhoods. Frequently, the terms offered to Blacks or other minority borrowers have been less favorable than those offered to nonminority borrowers. Part of this issue is that the less favorable terms have been the only terms available for the dwellings minority borrowers plan to purchase or in the neighborhoods where they reside or the dwellings they plan to purchase. Often, the limited lending options available in such neighborhoods have been offered by lenders who operate only in such areas.

Because some banks or savings and loan institutions in cities will not make loans in minority neighborhoods, minority borrowers cannot benefit from competitive loan offerings available in the larger market.

Home Mortgage Disclosure Act
The Home Mortgage Disclosure Act (HMDA) was enacted by Congress in 1975 and is implemented by the Federal Reserve Board's Regulation C. The Act was implemented in response to mortgage credit shortages in older urban neighborhoods (particularly those with predominantly minority populations).

On July 21, 2011, the rule-writing authority of Regulation C was transferred to the Consumer Financial Protection Bureau (CFPB). This regulation provides the public loan data that can be used to assist:
• in determining whether financial institutions are serving the housing needs of their communities;
• public officials in distributing public-sector investments to attract private investment to areas where it is needed;
• and in identifying possible discriminatory lending patterns. o The Fair Housing Act applies to mortgage lending just as it does to other aspects of housing. Lenders may not:
• Refuse to make a mortgage loan;
• Refuse to provide information regarding loans;
• Impose different terms or conditions on a loan (such as different interest rates, points, or fees); or
• Discriminate in appraising property based on race, color, national origin, religion, sex, familial status, or disability.

Most banks and other lending institutions must report to the Federal Financial Institutions Examination Council (FFIEC) on their lending practices. Information from the Federal Financial Institutions Examination Council (FFIEC) is available to the public as Home Mortgage Disclosure Act data (HMDA).

Porterville Analysis of Impediments to Fair Housing Choice 2025 Information reported about the clients and the properties includes data related to such elements as race, gender, marital status, income level of the mortgagee, location of the dwelling by census tract, type of housing, value of housing, etc. The information required and the manner of reporting has been modified several times since the adoption of the HMDA. Collection information requirements continue to be modified to meet the changing needs of those who utilize this information for the purpose intended by Congress.

Additionally, the criteria that determine which institutions must report continue to be modified as well.

HMDA data is filed with the regulatory agency given oversight for the particular financial institution performing the reporting. These agencies include the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, or the National Credit Union Association. The Federal Financial Institutions Examination Council (FFIEC) is directed to compile annual data by census tract.

The disparities in homeownership across racial and ethnic lines reflect only the symptoms of underlying impediments in the home mortgage application process. The Home Mortgage Disclosure Act (HMDA) data was compiled for City of Porterville to better understand the barriers that members of protected classes face in obtaining mortgages.

Public and Private Sector
Fair Housing Enforcement
Effective fair housing enforcement lies at the heart of a comprehensive program to affirmatively further fair housing. The structure of this program varies among communities based on community size and resources.

To assure good standing for HUD’s Community Planning and Development (CPD) programs, the jurisdiction should address any and all concerns expressed by HUD in contract conditions that relate to fair housing and equal opportunity performance as required by the laws and
regulations governing these programs. These concerns include any and all court decisions relating to fair housing and other civil rights laws to which the jurisdiction or the PHA is subject.

The City of Porterville can request that all subrecipients who received HUD CDBG funds from the City provide their clients with information on fair housing and the process for filing a complaint. Additionally, the materials should, at a minimum, be available in Spanish.

Informational Programs
Regardless of whether they have completed an AI, all jurisdictions should be conducting fair housing education and outreach activities.

Porterville Analysis of Impediments to Fair Housing Choice 2025 The City of Porterville, through CDBG funding, has an agreement with Community Services and Employment Training (CSET) for the provision of fair housing education for Porterville residents.

CSET develops and presents virtual seminars in English and Spanish on fair housing law and issues that include education about and promotion of available housing vouchers. In addition to more general sessions intended for tenants, brokers, realtors and lenders, workshops focus on landlords and property managers. As part of the Fair Housing Education Services, CSET offers the following services:
• Provides training to City of Porterville staff/electees regarding fair housing issues, reasonable accommodation, fair housing/housing resources, fair housing and current events (annually) virtually or in person. • Provides City staff with information and analysis of existing and proposed state and federal fair housing legislation, as needed and requested. • Provides one-to-one fair housing education sessions for Porterville residents for a minimum of six hours/month.
• Develops, produces, and provides fair housing brochures and/or pamphlets regarding fair housing law and regulatory issues for distribution to the public.

These materials are available in both English and Spanish. • Seeks media exposure through print, radio, television, social media, and the internet.
• Participates in community events to distribute fair housing information (minimum of one event annually per year).

The City provides fair housing education through their various housing programs, such as the First Time Homebuyer Education, Homeowner Rehabilitation Loan, and the Exterior Americans with Disabilities Act (ADA) Wheelchair Ramp Programs. The City also conducts and participates in a multitude of outreach events in the community in order to affirmatively further fair housing. Furthermore, the City hosts an annual and free Fair Housing Fair event to help Porterville residents connect to services that assist renters and current and prospective homebuyers. The event typically hosts over 25 different organizations or agencies, and a variety of professionals such as mortgage lenders and realtors. The annual event provides information on tenant rights/legal information, financial management, resources for homeowners, code enforcement, education resources, employment information, resources for veterans, home maintenance, energy efficiency, estate planning and insurance services.

In addition, the City staff attend many other outreach events throughout the year and provide presentations at local non-profit organizations for their clients to learn about the City's programs, including fair housing resources and information.

The City of Porterville also distributes fair housing information through the City website, which has a dedicated Fair Housing page with links to flyers, information, and websites of organizations providing Fair Housing Services. The Fair Housing webpage, as well as Porterville Analysis of Impediments to Fair Housing Choice 2025 the entire City of Porterville website, has an accessibility function to assist persons with difficulties or disabilities, with adjustment options for contrast, highlight links, bigger text, text spacing, pause animations, hide images, dyslexia friendly, cursor, tool tips, line height, text align, and saturation. The webpage provides textual information to provide context to linked items and lay out fair housing rights and responsibilities.

The City also distributes fair housing materials through lenders, realtors, and many outreach events throughout the year. Monthly, the City hosts an eight-hour First Time Homebuyer Class (alternating in English and Spanish each month). Fair housing information and many other resources are presented during the class. In addition, class participants also receive a bound book consisting of the PowerPoint presentation of the class with links and contact information to obtain the resources. The classes are marketed through the City's social media platforms, website lenders, realtors, CSET and outreach events. Resources are also provided annually through mail to all individuals with an active loan. The packet of resources includes other City programs, fair housing resources, foreclosure prevention and information about the no-cost tax preparation services offered by CSET.

Assessment of Current Public and Private Fair
Housing Program
Census data, HMDA data, and state and federal complaints provide a statistical basis for fair housing issues. There also may be situations where discrimination or other unfair housing practices occur but go unreported. To elicit a deeper understanding of fair housing issues within a community, an analysis of the City of Porterville’s policies and perspectives can provide a more detailed assessment of the community, extending the analysis beyond just the reported statistics. The key factor in reviewing the City of Porterville’s policies is evaluating how the jurisdiction manages the HUD Community Development Block Grant funds and supports fair housing practices.

HUD Five-Year Consolidated Plan
The U.S. Department of Housing and Urban Development (HUD) requires each entitlement jurisdiction to complete a Consolidated Plan and certify compliance with the Consolidated Plan Final Rule.

The Consolidated Plan is intended to:
• Serve as the long-range planning document for affordable housing development and community service funding;
• Provide priorities for funding for HUD programs and strategies for implementing the priorities; and
• Be an accessible tool to measure the effect of the local funding strategies.

Porterville Analysis of Impediments to Fair Housing Choice 2025 The City of Porterville, California, receives an annual entitlement allocation from the U.S.

Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) program. The Consolidated Plan provides direction on the investment of CDBG dollars over the next five years, from 2024 – 2029. Additionally, each year, the City will produce an Annual Action Plan that details how the City will carry out the goals and objectives identified in this Plan.

A key feature of these grants is the City's ability to choose how the funds will be used.

HUD provides a broad range of eligible activities that can be utilized with CDBG funding.

The City must determine which of the eligible activities will best serve the needs of the community. HUD requires grantees to develop a Five-Year Consolidated Plan to determine the most pressing needs and develop effective, place-based market-driven strategies to meet those needs.

When developing a Consolidated Plan, the City must first analyze the needs within City of Porterville and then propose strategies to meet those needs.

Conclusions and Recommendations
The City of Porterville is committed to eliminating racial and ethnic segregation, illegal physical and other barriers to persons with disabilities, and other discriminatory practices in housing.

The City works to:
• Analyze and eliminate housing discrimination
• Promote fair housing choice for all persons
• Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability, and national origin • Promote housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities
• Foster compliance with the nondiscrimination provisions of the Fair Housing Act.
o Impediments to fair housing choice are:
• Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin that restrict housing choices or the availability of housing choices; and
• Any actions, omissions, or decisions that have this effect.

Policies, practices, or procedures that appear neutral on their face but operate to deny or adversely affect the provision of housing to persons of a particular race, color, religion, sex, disability, familial status, or national origin may constitute such impediments.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Impediments include actions or omissions in the jurisdiction’s public or private housing sector that:
• Constitute violations, or potential violations, of the Fair Housing Act • Community resistance when minorities, persons with disabilities, and/ orlowincome persons first move into white and/or moderate- to high-income areas • Community resistance to the siting of housing facilities for people with disabilities in residential neighborhoods
• Have the effect of restricting housing opportunities on the basis of race, color, religion, sex, disability, familial status, or national origin.

Impediments to Fair Housing Choice and Action Steps
As a recipient of HUD CDBG Entitlement funds, the City of Porterville is committed to Affirmatively Further Fair Choices for all residents. Although many issues that affect fair housing choice have been identified, the City is limited in resources and ability to impact all areas. The City of Porterville recognizes the following impediments which may have a direct and substantial impact on fair housing choice and are within the City’s ability to impact.

While not listed as an impediment, the City is encouraged to integrate best practices for fair housing and visibility into its Comprehensive Plan update. Evaluating the updated Comprehensive Plan through the lens of fair housing will have a lasting impact as the City continues to evolve and meet the needs of residents.

Signature for City of Porterville
By my signature, I certify that the Analysis of Impediments to Fair Housing Choice for City of Porterville is in compliance with the intent and directives of the regulations of the Community Development Block Grant Program regulations.

Mayor
Date
Porterville Analysis of Impediments to Fair Housing Choice 2025 APPENDIX B - Housing and Related Laws
File a Complaint

HUD, FAIR HOUSING AND EQUAL OPPORTUNITY
Region IX
Arizona, American Samoa, California, Guam, Hawaii, and Nevada San Francisco Regional Office of FHEO
U.S. Department of Housing and Urban Development
One Sansome Street Suite 1200
San Francisco, CA 94104
(415) 489-6524
(800) 347-3739
Civil Rights Complaints: [email protected] ttps://www.hud.gov/fairhousing FHEO Intake Specialist 1-800-669-9777 or 1-800-877-8339 Information About Filing a Complaint
If you believe your rights may have been violated, you are encouraged to submit a complaint. Because there are time limits on when a complaint can be filed with HUD after an alleged violation, you should submit a complaint as soon as possible.

When submitting a complaint, please provide as much information as possible, including:
• Your name and address;
• The name and address of the person(s) or organization your complaint is against;
• The address or other identification of the housing or program involved; • A short description of the event(s) that cause you to believe your rights were violated; and
• The date(s) of the alleged violation.

Privacy Statement: The information submitted to HUD may be used to investigate and process claims of housing and other types of discrimination. It may be disclosed for lawful investigatory purposes, including to the U.S. Department of Justice for its use in the filing of pattern and practice suits of housing discrimination or the prosecution of the person(s) who committed the discrimination where violence is involved; the public, where appropriate; and to State or local fair housing agencies that administer substantially equivalent fair housing laws for complain processing. Though disclosure of the information is voluntary, failure to provide some or all of the requested information may result in the delay or denial of help with your housing discrimination complaint.

Retaliation Is Illegal
It is illegal to retaliate against any person for making a complaint, testifying, assisting, or participating in any manner in a proceeding under HUD’s complaint process at any time, even after the investigation has been completed. The Fair Housing Act also makes it Porterville Analysis of Impediments to Fair Housing Choice 2025 illegal to retaliate against any person because that person reported a discriminatory practice to a housing provider or other authority. If you believe you have experienced retaliation, you can file a complaint.

Assistance for Persons with Disabilities
HUD provides a toll-free teletypewriter (TTY) line: 1-800-877-8339. You can also ask for disability-related assistance when you contact FHEO, including reasonable accommodations and auxiliary aids and services.

Assistance for Persons with Limited English Proficiency You can file a complaint in any language. For persons with limited English proficiency, HUD provides interpreters. HUD also provides a Spanish language version of the online housing complaint form. You can find descriptions of your fair housing rights in several languages other than English at https://www.hud.gov/fairhousing.

California Civil Rights Department
1277 E. Alluvial Avenue, Suite 101
Fresno, CA 93720
Monday to Friday: 8am to 5pm
Phone: (800) 884-1684
[email protected]
The California Civil Rights Department (CRD) is the institutional centerpiece of California’s broad policy against discrimination, harassment, and hate violence. Born out of a decades-long struggle to prohibit discrimination in employment, housing, and business establishments, CRD has been at the forefront of protecting civil rights in California since its inception. CRD operates both virtually and through offices across California in Bakersfield, Elk Grove, Fresno, Los Angeles, Oakland, and Riverside. CRD enforces state fair housing laws that prohibit discrimination or harassment based on protected characteristics including gender, race, national origin, sexual orientation, gender identity, or religion among others. These laws also require reasonable accommodations for disabilities and prohibit retaliation against individuals exercising their rights. The laws apply to various entities involved in housing and housing-related services, such as landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, housing authorities, and others. They cover all aspects of housing including renting, leasing, sales, new construction, mortgage lending, insurance, municipal services, shelters, advertising, and restrictive covenants. In addition, it is illegal for cities, counties, or local government agencies to make zoning, land-use decisions, or policies that discriminate based on a protected characteristic. When someone files a discrimination complaint, the CRD evaluates the facts and decides whether to accept the case for investigation. If the case is accepted, the CRD independently investigates the facts and legal issues. This includes reviewing responses from those accused of discrimination, as well as any other information and evidence submitted by both parties. The CRD aims to resolve the dispute in appropriate cases and may also decide to take legal action.

CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded and state-administered programs and activities, and from hate violence and human trafficking. To accomplish this mission, CRD receives, investigates, conciliates, mediates, and prosecutes complaints of alleged violations of the Fair Employment and Housing Act (FEHA), Equal Pay Act, Unruh Civil Rights Act, Disabled Persons Act, Ralph Civil Rights Act, Trafficking Victims Porterville Analysis of Impediments to Fair Housing Choice 2025 Protection Act, and statutes prohibiting discrimination in state-funded and stateadministered programs and activities, among other civil rights laws.

Central California Legal Aid Services, Inc.

Fresno Office
2115 Kern Street, Suite 200,
Fresno, CA 93721
Phone: 1 (800) 884-1684
Tulare, Kings, Merced, Tuolumne, Mariposa, senior citizens in Madera County Central California Legal Aid is a private, not-for-profit, public interest law firm established for the purpose of providing free civil legal assistance to low-income individuals, families, organizations, and communities. CCLA maintains three satellite offices located in Fresno, Merced, and Visalia, toll-free legal advice lines, and a website with legal forms and educational content. CCLA is in partnership with the statewide Health Consumer Alliance (HCA), CCLS also addresses specific health care access concerns for residents in the counties of San Luis Obispo, Stanislaus, Madera, Monterey and San Benito. Their mission is to provide quality civil legal services to low-income and vulnerable Californians.

Every year California Legal Aid Services helps thousands of Californians with critical legal problems such as escaping domestic violence and sexual assault, protecting abused and neglected children, preserving housing, helping vulnerable seniors and stopping discrimination. Our Indian Law Unit provides legal help focused on California’s Indian Reservations. The Migrant Farmworker Law Unit provides services tailored to the needs of California's migrant population.

California Legal Aid provides assistance with the housing laws and issues such as:

Porterville Analysis of Impediments to Fair Housing Choice 2025 `
• Evictions
• Fair Housing Act
• Homeowner rights
• House foreclosure
• Mobile home tenants
• Property taxes
• Rights of tenants
• Safe housing
• Utility bills
• COVID protections
• Section 8
• Discrimination
California Legal Aid Services is limited in what types of cases that can be accepted based on program priorities, available staff and funding in each local office.

Housing Legal Advice Line. If you are a tenant and need help with a legal problem related to your housing (such as evictions, repairs, security deposits, or housing discrimination) or you are a homeowner that needs help with foreclosure prevention, you have a question you think a lawyer should answer, or you have been sued and don’t know where to turn, call our Housing Advice Line.

Legal Advice Line (800) 675-8001
Statutes
Fair Housing Act
42 U.S.C. §§ 3601-19
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. It also requires that all federal programs relating to housing and urban development be administered in a manner that affirmatively furthers fair housing.

Title VI of the Civil Rights Act of 1964
42 U.S.C. § 2000d-1
Title VI prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973
29 U.S.C. § 794
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Section 508 of the Rehabilitation Act of 1973
29 U.S.C. § 794d
Porterville Analysis of Impediments to Fair Housing Choice 2025 Section 508 requires federal agencies to ensure that the electronic and information technology they develop, procure, or use allows individuals with disabilities to have ready access to and use of the information and data that is comparable to that of individuals without disabilities.

Title II of the Americans with Disabilities Act of 1990 42 U.S.C. §§ 12131 – 12165
Title II of the ADA prohibits discrimination based on disability in programs and activities provided or made available by public entities. HUD enforces Title II with respect to housing- related programs and activities of public entities, including public housing, housing assistance and housing referrals.

Title III of the Americans with Disabilities Act of 1990 42 U.S.C. § 12181 – 12189
Title III of the ADA prohibits discrimination based on disability in the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations owned, leased, or operated by private entities. The Department of Justice enforces Title III of the ADA, but certain HUD recipients and private entities operating housing and community development programs are covered by Title III of the ADA.

Architectural Barriers Act of 1968
42 U.S.C. § 4151 et seq.

The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by persons with disabilities.

Section 109 of Title I of the Housing and Community Development Act of 1974 42 U.S.C. § 5309
Section 109 prohibits discrimination on the basis of race, color, national origin, sex, and religion in any program or activity funded in whole or in part under Title I of the Community Development Act of 1974, which includes Community Development Block Grants.

Title IX of the Education Amendments Act of 1972
20 U.S.C. §§ 1681-83, 1685-88
Title IX prohibits discrimination on the basis of sex in any education programs and activities that receive federal financial assistance. HUD enforces Title IX when it relates to housing affiliated with an educational institution.

Violence Against Women Act
42 U.S.C. § 14043e–11
VAWA provides housing protections for victims of domestic violence, dating violence, sexual assault, and stalking in many of HUD’s housing programs. VAWA also requires the establishment of emergency transfer plans for facilitating the emergency relocation of certain tenants who are victims of domestic violence, dating violence, sexual assault, or stalking.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Age Discrimination Act
42 U.S.C. §§ 6101 – 6107
The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance.

Executive Orders
Executive Order 11063
Equal Opportunity in Housing
Executive Order 11063, issued on November 20, 1962, prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.

Executive Order 12892
Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing
Executive Order 12892, issued on January 17, 1994, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort.

Executive Order 12898
Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
Executive Order 12898, issued on February 11, 1994, requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude or otherwise subject persons to discrimination based on race, color, or national origin.

Executive Order 13166
Improving Access to Services for Persons With Limited English Proficiency Executive Order 13166, issued on August 11, 2000, requires each federal agency to take steps to ensure that eligible persons with limited English proficiency are provided meaningful access to all federally-assisted and federally-conducted programs and activities.

Executive Order 13217
Community Based Alternatives for Individuals With Disabilities Executive Order 13217, issued on June 18, 2001, requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.

Porterville Analysis of Impediments to Fair Housing Choice 2025 Regulations
Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures
24 C.F.R. part 40
Affirmative Fair Housing Marketing
24 C.F.R. part 108
24 C.F.R. part 110
24 C.F.R. part 200, subpart M 24 C.F.R. § 203.12(b)(3)
Affirmatively Furthering Fair Housing
24 C.F.R. §§ 5.150 – 5.168
Certification and Funding of State and Local Fair Housing Enforcement Agencies 24 C.F.R. part 115
Collection of Data
24 C.F.R. part 121
Discriminatory Conduct Under the Fair Housing Act
24 C.F.R. part 100
Equal Access Rule
24 C.F.R. § 5.105
24 C.F.R. § 5.106
Fair Housing Act Complaint Processing
24 C.F.R. part 103
Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063 24 C.F.R. part 107
Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development
24 C.F.R. part 8
Nondiscrimination in Federally-Assisted Programs of the Department of Housing and Urban Development – Effectuation of Title VI of the Civil Rights Act of 1964
24 C.F.R. part 1
Nondiscrimination in Programs and Activities Receiving Assistance under Title I of the Housing and Community Development Act of 1974 24 C.F.R. part 6
Porterville Analysis of Impediments to Fair Housing Choice 2025 Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance
24 C.F.R. part 146
Nondiscrimination on the Basis of Disability in State and Local Government Services
28 C.F.R. part 35
Fair Housing Poster
24 C.F.R. part 110
Fair Housing Initiatives Program
24 C.F.R. part Information and Communication Technology Standards and Guidelines 36 C.F.R. part 1194
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
24 C.F.R. part 3
Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
24 C.F.R. §§ 5.2001 – 5.2011

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE

CITIZEN PARTICIPATION PLAN
Citizen Participation Plan
Revised December 2024
Introduction
The City of Porterville (City) is a federal entitlement jurisdiction that receives federal grant funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program.

As an entitlement jurisdiction, the City is required to prepare:
• A Five-Year Consolidated Plan (Consolidated Plan) that includes a Citizen Participation Plan (CPP)
• An annual Action Plan (Action Plan)
• An annual Consolidated Annual Performance Evaluation Report (CAPER)

Under HUD’s Code of Final Regulations for the Consolidated Plan (24 CFR Part 91 Sec.

91.105), the City must adopt a Citizen Participation Plan that sets forth the City’s policies and procedures for citizen participation in the planning, execution, and evaluation of the Consolidated Plan, Action Plans, and CAPER. This CPP provides guidelines for the City to provide and encourage public participation by residents, community stakeholders, and grant beneficiaries in the process of drafting, implementing, and evaluating the Consolidated Plan and related documents. The citizen participation process includes outreach, public hearings, community forums, and opportunities for comment.

Definitions
• Action Plan (Action Plan): The Action Plan summarizes the activities that will be undertaken in the upcoming Fiscal Year (FY) to meet the goals outlined in the Consolidated Plan. The Action Plan also identifies the federal and non‐federal resources that will be used to meet the goals of the approved Consolidated Plan. • Citizen Participation Plan (CPP): The CPP provides guidelines by which the City will promote engagement in the planning, implementation, and evaluation of the distribution of federal funds as outlined in the Consolidated Plan, Action Plan, and CAPERs.
• Community Development Block Grant (CDBG): HUD’s CDBG program provides communities with resources to address a wide range of housing and community development needs that benefit very low and low income persons and areas.
• Consolidated Annual Performance Evaluation Report (CAPER): The CAPER assesses the City’s annual achievements relative to the goals in the Consolidated 2 Plan and proposed activities in the Action Plan. HUD requires the City to prepare a CAPER at the end of each fiscal year.
• Department of Housing and Urban Development (HUD): HUD is the federal government agency that creates and manages programs pertaining to federal home ownership, affordable housing, fair housing, homelessness, and community and housing development.
• Displacement: Displacement refers to the involuntary relocation of individuals from their residences due to housing development and rehabilitation activities paid for by federal funds.
• Eligible Activity: Activities that are allowable uses of the CDBG funds covered by the CPP as defined in the Code of Federal Regulations Title 24 for HUD. • Entitlement Jurisdiction: A city with a population of at least 50,000, a central city of a metropolitan area, or a qualified urban county with a population of at least 200,000 that receives grant funding from HUD.
• Five-Year Consolidated Plan (Consolidated Plan): HUD requires entitlement jurisdictions to prepare a Consolidated Plan every five years. The Consolidated Plan is a strategic plan that identifies housing, economic, and community development needs and prioritizes funding to address those needs over a five‐year period.
• Low and Moderate Income (LMI): As defined annually by HUD, Low and Moderate Income (LMI) is 0‐80 percent of area median family income (AMI) for a jurisdiction, with adjustments for smaller or larger families. This includes those individuals presumed by HUD to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers). HUD utilizes three income levels to define LMI households:
o Extremely low income: Households earning 30 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes)
o Very low income: Households earning 50 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes)
o Low and moderate income: Households earning 80 percent or less than the AMI
(subject to adjustments for areas with unusually high or low incomes or housing costs) 3 • Public Hearing: Public hearings are designed to provide the public the opportunity to make public testimony and comment. Public hearings related to the Consolidated Plan are to be advertised in local newspapers and made accessible to non‐English speakers and individuals with disabilities. • Substantial Amendments: Amendments are considered “Substantial” whenever one of the following is proposed:
o A change in the allocation priorities or a change in the method of fund distribution
o 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
o To implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan
o To change the purpose or intended beneficiaries of an activity approved for CDBG funding, e.g., instead of primarily benefitting lower income households the activity instead proposes to benefit mostly moderate income households
Roles, Responsibilities, and Contact Information
The City is a federal entitlement jurisdiction and is a recipient of grant funding from the federal government.

The City’s Charter established a council and manager form of government. Porterville’s City Council is the elected legislative body of the City and is responsible for approving its Consolidated Plan, Action Plans, Substantial Amendments, and CAPERs prior to their submission to HUD.

It is the intent of the City to provide for and encourage citizen participation, with particular emphasis on participation by lower income persons who are beneficiaries of, or impacted by, entitlement‐ funded activities. The City encourages participation in all stages of the Consolidated Planning process by all residents, including minorities and non‐English speaking persons, as well as persons with mobility, visual or hearing impairments, residents of assisted housing developments, and recipients of tenant‐based assistance.

In general, hearings will be held at City Hall due to its central location, convenient access, and disability accessibility. Translation services will be provided when there is an 4 indication that non‐English speaking persons will be attending. Other reasonable accommodations will be provided on a case‐by-case basis.

The General Contact Information for the City’s HUD Entitlement Programs is:

Claudia Calderon
Community Development Director
[email protected]
291 N. Main Street
Porterville, CA 93257

Citizen Participation Policies
Public Hearings
The City will hold public hearings for Consolidated Plans, Annual Action Plans, CAPERs, amendments made to the CPP, and Substantial Amendments.

The Consolidated Plans, Annual Action Plans, CPP amendments, and Substantial Amendments require two public hearings. One required hearing is a City‐staffed community meeting and one required hearing is before City Council for document adoption. The CAPER requires one hearing before City Council for document adoption.

Community hearings will be held in a community space with consideration for the convenience to beneficiaries of the entitlement program resources.

The City Council public hearings will be held at City Hall Council Chambers located at 291 N. Main Street, Porterville, CA 93257. Listening devices, interpretation services, and other assistance to disabled persons or those with limited English proficiency will be provided upon request, ranging up to five business days prior notification to the City Clerk.

Requests for disability‐related modifications or accommodations required to facilitate meeting participation, including requests for auxiliary aids, services or interpreters, require different lead times, ranging up to five business days. For this reason, it is important to provide as much advance notice as possible to ensure availability. Assistive Listening Devices (ALDs) are available upon request.

Waivers and Flexibility in Response to Pandemic (if applicable) Legislation aimed at providing relief for individuals and businesses that have been negatively impacted by a pandemic outbreak or public health crisis, such as the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116‐136), can provide CDBG Entitlement Jurisdictions with flexibilities that make it easier to use CDBG grants by authorizing HUD to grant waivers and alternative public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend 5 social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the City’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses. For any CDBG funds that are used in order to prevent, prepare for, and respond to a pandemic or public health crisis, expedited procedures could be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.

Additionally, CDBG funds that are used in order to prevent, prepare for and respond to a pandemic like the Coronavirus, covered by laws such as CARES Act referenced above, the draft and final documents may only be available online at the City’s website. At the discretion of the City Manager, City Staff will recommend program activities, funding and program modifications for submittal to the City Council without consultation of the Citizens’ Advisory and Housing Opportunity Committee. In this case, the City Manager would have deemed the expeditious completion of these tasks as essential to public safety, health or economy, to prevent, prepare for or respond to the Coronavirus.

Waivers may be granted to CPD Grantees, such as the City of Porterville, with regards to its regulatory Citizen Participation Plan (CPP) requirements specifically required under Citation 24 CFR 91.105(c)(2) and (k) and could consist of: 1) an immediate reduction in the required 30‐day comment period to no less than five (5) days, with the requirement to provide reasonable notice and opportunity for citizens to comment on substantial amendments concerning the proposed uses of CDBG funds; and 2) a waiver regarding “reasonable notice and opportunity to comment” requirements of the CPP, to allow a grantee to determine what constitutes reasonable notice and opportunity to comment.

Should waivers and flexibilities be granted by legislation as described above, the City of Porterville intends to implement said waivers and flexibilities as it pertains to this CPP.

Accordingly, the City of Porterville plans to vary from its Adopted CPP and will instead follow the below reasonable notice and public comment procedures:
• Public notices will be published in the “Public Notices” sections of the Porterville Recorder and in Spanish in the Noticiero Semanal publications approximately 5 days before a scheduled meeting to decide on any required actions related to the City’s HUD Plans.
• The Public notices will note the specific comment period and the meeting date on which the item(s) will be reviewed and action taken.
• Proposed amendments to Plans will be made available for viewing from our website: http://www.ci.porterville.ca.us/
6 • Members of the public may submit comments during the five‐day comment period specified in the section above via: 1) by email to [email protected] or, 2) by calling (559) 782-7460.
• Comments received may be read or received at the scheduled City Council meeting.
• The virtual meetings, if held during a scheduled City Council meeting, will be streamed via the City’s YouTube channel
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA and available for participation via a Zoom link to be provided on the posted agenda. Otherwise, the links to access the virtual public hearings outside a regularly scheduled City Council meeting will be available on the City’s website.

Notice of Hearings and Review Periods
To allow the public time to provide comments prior to the submission of approved documents to HUD, the City will hold a minimum 30‐day public review and comment period for the Consolidated Plan, Action Plan, and Substantial Amendment. The City will establish a public review period of at least 15 days for each CAPER and amendments to the CPP. Copies of the draft plans will be available to the public at the Community Development Department, 291 N. Main Street, Porterville, CA 93257.

The City will place public notices at City Hall (291 N. Main Street) and online through the City’s website (www.ci.porterville.ca.us), and through advertisement in a local newspaper of general circulation in advance of a public review and comment period.

To ensure that the public, including minorities, persons with limited English proficiency, persons with disabilities, residents of public housing, and LMI residents are able to participate in the public review process, the City will provide residents, public agencies, and other stakeholders with notices on applicable public review periods and public hearings that adhere to the following:
• The notices will be published prior to the start of the public comment period and at least fifteen (15) days before the final public hearing and will include information regarding how to request accommodation and services available for persons with disabilities who wish to attend the public hearings.
• The notices will be distributed to persons and agencies on the contact list maintained by the City for those parties expressing interest in receiving information and updates related to the City’s Consolidated Plan, Action Plan, CAPER, Substantial Amendments and CPP. Interested parties may request to be added to this contact list by sending an email to [email protected], by calling (559) 782‐7460 or by writing to the Community Development Department, 291 N.

Main Street, Porterville, CA 93257.
7 • The notices will be distributed through a variety of methods, including e‐mail, newspaper publications and the City’s website at www.ci.porterville.ca.us. The notices will include information on how to obtain a copy of the draft documents and scheduled hearing dates, times, and locations.

• As directed by HUD through written guidelines, and deemed necessary due to the risk of the safety, health or economy of the city, expedited procedures will be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.

The public may file comments on draft plans in writing to the Community Development Department, 291 N. Main Street, Porterville, CA 93257; via email to Claudia Calderon at [email protected]; or by phone at (559) 782‐7460. Comments may also be submitted in person at the Community Development Department, 291 N. Main Street, Porterville, CA 93257, Monday through Friday during business hours, and during the Council adoption hearing.

When necessary or applicable, the City may combine notices complying with several individual requirements into one comprehensive notice for dissemination and publication.

Comments/Complaints on Adopted Plans
Comments or complaints from residents, public agencies, and other stakeholders regarding the adopted Consolidated Plan or related amendments and performance reports may be submitted in writing or verbally to the General Contact at the Community Development Department, 291 N. Main Street, Porterville, CA 93257. Written comments or complaints will be referred to appropriate City staff for consideration and response. The City will attempt to respond to all comments or complaints within fifteen (15) business days and maintain a correspondence file for this purpose.

Availability of Draft and Approved Documents
The draft and final versions of the Consolidated Plan, Action Plan, CAPER, all related amendments, records, and regulations will be available online at the City’s website:
www.ci.porterville.ca.us. Hard copies of all documents will be available at the Community Development Department, 291 N. Main Street, Porterville, CA 93257 and upon written request. If the City is unable to provide immediate access to the documents requested, it will make every effort to provide the documents and reports within 15 business days from the receipt of the request.

8 During the public review and comment period, copies of the document will be available to the public for review at City Hall (291 N. Main Street) and through the City’s website at www.ci.porterville.ca.us.

In the event of a public health crisis, the aforementioned documents will only be available online at the City’s website.

Displacement Policy
As part of the CPP, the City must maintain a displacement policy. Displacement refers to the involuntary relocation of individuals from their residence due to housing development and rehabilitation paid for with federal funds. The City will continue to use existing federal and state relocation guidelines, as applicable, to minimize displacement and to alleviate the problems caused by displacement. Both the federal government and the State of California have specific requirements dictating the amount of benefits and assistance that must be provided to lower income persons and households relocated from their homes as a result of displacement. Depending on the funding source, displaced persons may be offered one or more of the following:
• A rent subsidy for another unit
• A cash payment to be used for rent or a down payment on the purchase of a dwelling unit
• Moving and related expenses

The City’s rehabilitation programs may also incur relocation issues when they provide minor additions to existing dwellings in order to address overcrowding. Any temporary relocation costs are included in the rehabilitation loan package offered to clients.

Technical Assistance
The City will, to the extent feasible, respond to requests for technical assistance from entities representing LMI groups who are seeking federal entitlement funding in accordance with grant procedures. This may include, but is not limited to, providing information regarding how to fill out applications, other potential funding sources, and referrals to appropriate agencies within and outside the City. "Technical assistance," as used here, does not include the provision of funds to the entities requesting such assistance. Assistance will also be provided by Community Development Department staff to interested individuals and resident groups who need further explanation on the background and intent of the Housing and Community Development Act, interpretation of specific HUD regulations, and project eligibility criteria for federal grants.

This plan describes how the City of Porterville will involve citizens in the planning, implementation, and assessment of the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. The funds must be used for 9 projects which benefit low‐ and moderate‐income persons and/or aid in the elimination or prevention of slum and blight. These programs are intended to assist cities in undertaking neighborhood improvement, economic development, and homeowner assistance programs. Program regulations give ultimate responsibility for the design and implementation of the program to local elected officials, and also require that citizens be given an opportunity to serve in a key advisory role to these elected officials.

ADVISORY COMMITTEE
To ensure that Porterville residents are given a full opportunity to participate in the Program, a Citizens’ Advisory Committee was established in 1981 to function in an advisory capacity to the Mayor and Council regarding program design, implementation, and assessment. This Committee consists of seven (7) residents of the City, appointed annually by the City Council. Citizens and civic organizations have been urged to make recommendations on allocation of the City’s multi‐purpose Community Development Block Grant since 1981/82. The Committee has provided direction in establishing the Housing Rehabilitation Loan Program (HRLP), and other worthwhile projects under CDBG Entitlement Cities and Home Programs which have benefitted low‐ and moderate‐ income households within the city of Porterville. In addition to the HRLP, the Committee has recommended the establishment of several revolving loan funds since 1982, including the Sewer and Water Connection Fund, the Public Utilities Revolving Loan Fund (merged in 2012 with HRLP), the First Time Low‐Income Homebuyer Program and the Business Assistance Program. The Committee has also recommended the allocation of funds toward remodeling the Santa Fe Plaza Senior Citizens Center, and inventory of Industrial Land Resources, the Low‐Income Residential Smoke Detector Installation Program, and the Porterville Enterprise Zone Area Infrastructure Improvement Program, the rehabilitation of the Porterville and Glenwood Hotels, the opening of the Porterville Youth Center, and four targeted Curb, Gutter Sidewalk, and Street Light, Neighborhood Improvement Projects, Lime Street Park Improvement Project, and Santa Fe Facility Improvement Project. In addition, the Committee has supported the establishment of economic development programs and public improvement activities such as the completion of the Heritage Center with Section 108 Loan Guarantee funds. Several years ago, the Committee recommended the establishment of the Homebuyer Education Program and the Murry Park Improvement Project. An expansion to the Park Improvement Program was approved in 2010 to include the Lime Street Neighborhood Park and in 2013, the Extension of Murry Park was included and is currently underway.

In 2021, the Committee recommended the allocation of funds toward a Fair Housing education program and the development of a multi-sport fields.

The City has taken steps to secure the services of concerned individuals to form the Advisory Committee for the purposes of program model design, implementation, assessment, and development of the Community Development Block Grant Program under the Entitlement Cities criteria. The City places particular emphasis on obtaining representation of low‐ and moderate‐income persons residing in slum and blight areas, members of minority groups, the elderly and persons with disabilities, and residents of areas where use of funds are proposed. In continuing its efforts to serve the needs of the 10 public, the City Council has expanded the role of the Committee to incorporate efforts to expand housing opportunities, thereby changing the name to the Citizens’ Advisory and Housing Opportunity Committee.

At the discretion of the City Manager, City Staff will recommend program activities, funding and program modifications for submittal to the council without consultation of the Advisory Committee. In this case, the City Manager would have deemed the expeditious completion of these tasks as essential to public safety, health or economy.

SCOPE OF CITIZEN PARTICIPATION
Citizens will be involved in all stages of the Community Development Block Grant Program, including the development of the consolidated plan, inclusive of the annual action plan, substantial amendments to the plan, program implementation, assessment of performance, and design of the citizen participation plan. Mechanisms for the citizen involvement include: The Citizens’ Advisory and Housing Opportunity Committee, public hearings and ad hoc community meetings, individual citizen efforts in the form of comments, complaints, or inquiries submitted directly to Greg Meister, Porterville Mayor and/or Community Development Department, located in City Hall, 291 N. Main Street, or by telephone, (559) 782‐7460.

Public Hearings
At least two (2) public hearings, open to the entire community, will be held annually. The hearings will provide an opportunity for citizens to identify community development needs, propose projects, and assist in the development of an overall strategy for Porterville. The hearings will also be used to solicit comments on the citizen participation plan more sensitive to local needs and realign the plan with changes in Federal regulations, and to review the HUD annual community assessment, if available. The hearings are typically held in February or March and April or May of each program year.

Consolidated Plan
Participation in the development of the consolidated plan, inclusive of the annual action plan, will occur as follows: at least one (1) public hearing will be held before the proposed consolidated plan is published for comment. Before the City adopts a consolidated plan, the City will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the jurisdiction expects to receive and the range of activities that may be undertaken, including the amount that will benefit persons of very low and low income.

The City will ensure that plans will be available to minimize the displacement of persons and to assist any persons displaced according to Federal regulation standards.

A summary of the proposed use of CDBG funds and, will be made available in Spanish, the predominate non‐English language spoken in Porterville, at all public hearings. 11 Advisory Committee proposals and comments, with regard to development of the consolidated plan, will be obtained at Committee meetings or hearings scheduled either at the request of Committee members or program officials. The public is invited to attend these meetings.

The public will be notified of the period, not less than thirty (30) days (or five (5) days as applicable), in which to receive comments from citizens on the consolidated plan. Any comments or views of citizens received in writing or orally at the public meetings will be considered. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons therefore, will be attached to the final consolidated plan.

Amendments
In the case of proposed substantial amendments to the consolidated plan, the City shall provide reasonable notice and an opportunity to comment on substantial amendments.

The public will be notified of the period, not less than thirty (30) days (or five (5) days as applicable), in which to receive comments on the substantial amendments before the amendment is implemented. The meetings regarding the proposed amendments are not required to be public hearings, but will be open to the public to attend. The City will consider any comments or views of citizens received in writing, or orally, at public hearings, if any, in preparing the substantial amendment of the consolidated plan. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons therefore, will be attached to the substantial amendment of the consolidated plan.

Amendments to the plan will be necessary whenever one of the following decisions is made:
1) To make a substantial change in the allocation priorities or a substantial change in the method of distribution of funds;
2) To carry out an activity using funds from any program covered by the consolidated plan (including program income) not previously described in the consolidated plan; or
3) To substantially change the purpose, scope, location, or beneficiaries of an activity.

Performance Report
Reasonable notice and an opportunity to comment on performance reports will be given to the public. The public will be notified of the period, not less than fifteen (15) days, in which to receive comments from citizens on the performance report that is to be submitted to HUD before its submission. Any comments or views of citizens received in writing or orally at public meetings will be considered, and a summary of the comments and views will be attached to the performance report.
12 Citizen Participation Plan
The Annual Action Plan includes noticing and public hearings. All meetings and hearings are publicized in accordance with applicable HUD, state and local regulations.

Specifically, the Action Plan includes community meetings, public noticing for 30 days (or 5 days as applicable), and a public hearing. The City will provide citizens a reasonable opportunity to comment on amendments or revisions to the citizen participation plan and will make the plan public.

Other Method of Participation
Informal, individual contact with citizens, initiated either by citizens or program officials, will also provide input to the consolidated plan. For example, an individual may contact the Community Development Department at (559) 782‐7460 to request consideration of a special project; or program officials may seek the opinion of local business persons as to the need for commercial revitalization.

Program officials will also be available to advise citizens of the procedures for filing objections to the consolidated plan with the U.S. Department of Housing and Urban Development Area Office. Citizen participation in program implementation will occur primarily through consultation with the Citizens’ Advisory and Housing Opportunity Committee. Citizens will be asked to review and comment on specific strategies for approved projects. They will also meet to review any substantial program amendments.

All such changes will be discussed with the committee and their comments considered prior to the City taking final action. These meetings will be held on an as‐needed basis.

Program assessment activities by citizens will occur in a variety of ways. Citizens will have the opportunity to comment on the City’s performance for the prior program year during the public hearings for the consolidated and action plan adoption. The public will also be notified of the public comment period for the annual performance report before its submission to HUD.

The Citizens’ Advisory and Housing Opportunity Committee shall function as a forum for public participation in the City’s efforts to affirmatively further fair housing. Prior to the submission of the consolidated plan, the Committee shall discuss and recommend for Council adoption suggested methods of furthering fair housing. As part of the orientation to the program offered at the public hearing, citizens will be invited to submit comments on all aspects of the program performance throughout the program year.

Public comments or complaints regarding the consolidated plan, substantial amendments to the Plan, the Performance Report, or the Citizen Participation Plan should be submitted in writing to the Community Development Director, City of Porterville, 291 N. Main Street, Porterville CA 93257. If a public hearing is held, comments should be submitted within fifteen (15) working days from the date of the public hearing. A timely, substantive written response will be provided by the City within fifteen (15) working days. If the response is unsatisfactory, correspondence may then be addressed directly to: Greg Meister, Mayor, City of Porterville, 291 N. Main Street, Porterville, CA 93257. Mr. Meister shall respond 13 within fifteen (15) working days. If the citizen is still dissatisfied, he/she should write to the U.S. Department of Housing and Urban Development Area Office, 1 Sansome Street, Suite 1200, San Francisco, CA 94104, requesting an investigation of the issue. Program staff will also be available during normal business hours to respond to citizen inquires.

TECHNICAL ASSISTANCE
Citizen organizations, non‐profit organizations, and groups of low/moderate income persons or target area residents may propose their own specific program(s). The proposal for a specific program should include the program’s design, its budget, and the scope of proposed activities. Also, the proposal should identify the specific individuals anticipated to carry out activities and provide a summary of their experience and training.

Technical assistance which may be provided by City staff is limited to proposals that are considered eligible uses of CDBG funds, and not intended to assist citizen organizations, non‐profit organizations, and groups of low/moderate income persons or target area residents applying for funding from other grant sources. The Citizens’ Advisory and Housing Opportunity Committee may direct staff to provide technical assistance that may consist of staff or local expert presentations, informational handouts, research of a specific issue, or other short‐term efforts.

PUBLIC INFORMATION
The City will also undertake the following public information efforts to promote citizen participation:
• The public noticing pertaining to the community meetings, Council work session and public hearing are published in both English and Spanish. Public notices of all public hearings will be published in the Porterville Recorder and Noticiero Semanal at least ten (10) days before the scheduled hearing and fifteen (15) days prior to the final public hearing. These notices will indicate the date, time, location, and topics to be considered. Upon notification, arrangements will be made by the City to accommodate persons with disabilities. The public notices also will be made available in the form of press releases and as a public service announcement to local radio stations. Public hearing notices will indicate that summary statements of projected use of CDBG and/or HOME funds will be available in Spanish, the predominant non‐English language spoke within the city. Additionally, efforts will be made by providing notices to our local non‐profit partners to share and publish for public viewing, and publishing on the City website which includes the Agenda and meeting minutes.
• Notices will also be published in the Porterville Recorder to notify the public of the period, not less than thirty (30) days (or 5 days as applicable) for the consolidated plan or substantial amendments to the plan, or fifteen (15) days (or 5 days as applicable) for the performance report, in which to receive comments from citizens before submission of the plan or report to HUD. All notices will include information that complete copies of the proposed plan or report will be available for public 14 review at City Hall (291 N. Main Street). A reasonable number of free copies of the plan or report will be provided to citizens and groups that request it. • Orientation information will be provided at the first public hearing conducted by the Citizens’ Advisory and Housing Opportunity Committee. City staff will make a presentation which covers: the total amount of funds available and the basis for award; the range of eligible activities and those previously funded in the community; the planning process and the schedule of meetings and hearings, the role of citizens in the program, a summary of other important program requirements, such as: environmental policies, fair housing provisions, and contracting procedures. Some of these topics will be covered in written materials. • A public file containing program documentation for the preceding five (5) years will be available for review at City Hall during normal business hours. Included will be copies of the Consolidated Plan, Environmental Review Record, the Citizen Participation Plan, and the Consolidated Annual Performance Evaluation Report.

Other program documents are also available for citizen review on request at City Hall, consistent with applicable State and local laws regarding personal privacy and obligations of confidentiality. Upon request, materials will be made available in a form accessible to persons with disabilities.

ATTACHMENT 2
CITIZENS’ ADVISORY AND HOUSING

OPPORTUNITY COMMITTEE PARTICIPATION PLAN
SCHEDULE 2025
Advisory Committee Meetings February 11, 2025*
Annually, or as deemed necessary by
Committee
Public Hearings (2) February 11, 2025*
April 15, 2025*
Publication of Draft Consolidated Plan and March 14, 2025*-April 15, 2025 1st year Action Plan
Adoption of Consolidated Plan and Action Plan April 15, 2025* Submission of Consolidated Plan and Action Plan May 2025* (or when determined by HUD)
*Dates are subject to change and will be posted at: www.ci.porterville.ca.us City Council hearings, unless otherwise specified, will be held in the City Hall Council Chambers at 6:30 p.m. and livestreamed on YouTube at
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA.

Citizens’ Advisory Committee meetings and/or hearings, unless specified otherwise, will be held in the Coleman Conference Room in City Hall at 5:30 p.m.

Item No. 22.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of the Adoption of Updated Parks Impact Fees SOURCE: Engineering and Project Management
COMMENT: At it's meeting on November 5, 2024, the City Council adopted the Parks Master Plan, which provides guidance and direction for the future design and development of park facilities to meet the needs of the City's current and future residents over the next ten to fifteen (10-15) years. As a part of the development of the Parks Master Plan, and in accordance with the Mitigation Fee Act and the Quimby Act, a fee study was completed to establish new Parks Impact Fee amounts based on updated cost estimates for the construction of new parkland and/or parks and recreation facilities and establishing the relationship between new development, the needed facilities, and the estimated costs of those improvements. As required by the Mitigation Fee Act, changes to or the creation of additional impact fees that fall under the purview of this Act must include a study establishing their need and defining their use in a manner compliant with said Act.

The Mitigation Fee Act and Quimby Act, in addition to Assembly Bill 1600 and its amendments, require that before a city may establish or increase a Development Impact Fee, it must:
1) Identify the purpose of the fee
2) Identify the use to which the fee is to be put
3) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed 4) Determine that there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed
5) Base the impact fee on the square footage of the new buildings being constructed
The Parks Impact Fee was first adopted by resolution on January 5, 1999, under the Mitigation Fee Act and was charged based on the number of residential units. The Parks and Leisure Master Plan Impact Fee Study meets all of the requirements above and, in it, prescribes an update to the existing Parks Impact Fee amounts and proposes to divide the fee into two categories; the Development Impact Fee and the Quimby Act Fee. When implemented together, these two fees would Item No. 22.
work to achieve the City's goal of 4.45 acres of parks per 1,000 persons as established in the Parks Master Plan. The proposed fee amounts are based on updated cost estimates for the construction of new parkland and/or parks and recreation facilities. It is important to note that neither of the two fees can be utilized to replace existing parks/facilities or for the operation and maintenance of parks; they may only be utilized to construct new or expand the acreage of existing parkland and/or parks and recreation facilities. The Development Impact Fee would require developers to pay a per-square-foot fee for the City to use to construct new neighborhood parks. The Quimby Act Fee would require developers of new subdivisions to set aside acreage within the subdivision and to improve said acreage as a new park (Government Code Section 660029c)(7)).

The Parks and Leisure Master Plan Impact Fee Study proposes the maximum allowable Quimby Act Assessment and Development Impact Fees to provide for new parkland to be as follows:
- Single-Family developments to incorporate and develop 0.0032 acres of miniparks per dwelling unit within the new subdivision and require a Development Impact Fee of $3.563 per square foot for the City to use to construct new neighborhood parks.
- Multi-Family developments to incorporate and develop 0.0022 acres of miniparks per dwelling unit within the new development and require a Development Impact Fee of $4.720 per square foot for the City to use to construct new neighborhood parks.

The City's current Parks Impact Fee and the updated proposed fees detailed above only take into account residential development. The Parks and Leisure Master Plan Impact Fee Study did evaluate the impact fees in relation to non-residential development and found that it could be reasonable that non-residential uses have staff that utilize Parks, thus impacting them. Requiring non-residential developments to pay a Development Impact Fee will not necessarily generate more money in fees, but it will reduce the impact fee for residential developments (non-residential developments would not be required to dedicate and develop parkland within their development). City Council can choose to adopt the impact fees with or without the inclusion of nonresidential development. Including non-residential developments in the Development Impact Fees would update the fees as follows:
- Single-Family developments to incorporate and develop 0.0032 acres of miniparks per dwelling unit within the new subdivision and require a Development Impact Fee of $3.175 per square foot for the City to use to construct new neighborhood parks.
- Multi-Family developments to incorporate and develop 0.0022 acres of miniparks per dwelling unit within the new development and require a Development Impact Fee of $4.206 per square foot for the City to use to construct new neighborhood parks.

Item No. 22.
- Commercial uses would require a Development Impact Fee of $0.200 per square foot for the City to use to construct new neighborhood parks.
- Professional Office uses would require a Development Impact Fee of $0.355 per square foot for the City to use to construct new neighborhood parks.
- Industrial uses would require a Development Impact Fee of $0.100 per square foot for the City to use to construct new neighborhood parks.

City staff endeavors to honor its commitment to the Building Industry Association (BIA) by providing 60-days notice prior to the effective date of new or adjusted impact fees. Notification was sent to the BIA and developers on November 4, 2024. The notices also included a link and QR Code for them to provide comments on the Parks and Leisure Master Plan Impact Fee Study and updated fees.

If approved, the updated fees will take effect on February 20, 2025, and the Development Impact Fee would be reviewed for adjustments annually based on the published Engineering News-Record (ENR) 20- City Construction Cost Index. The City Council has the authority to adopt up to the maximum fee amounts stated above per the Parks and Leisure Master Plan Impact Fee Study or they may reduce the amounts as they see fit.

RECOMMENDATION: That the City Council:

1. Conduct the Public Hearing and consider all public
testimony; and

2. Adopt and Implement the Parks Development Impact
Fee and Quimby Act Fee for residential development; or

3. Adopt and Implement the Parks Development Impact
Fee and Quimby Act fee for both residential and nonresidential development.

ATTACHMENTS: 1. Parks and Leisure Master Plan Impact Fee Study

2. Current Park Impact Fees

3. Draft Resolution - Residential only

4. Draft Resolution - Residential & Non-Residential

5. Reso 02-1999
Appropriated/Funded:

Review By:

Department Director:

Item No. 22.

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager

PARKS AND LEISURE MASTER PLAN

IMPACT FEE STUDY

CITY OF PORTERVILLE

AUGUST 2024

IMPACT FEE STUDY

CITY OF PORTERVILLE PARKS AND LEISURE

MASTER PLAN
Prepared for:

City of Porterville
Parks and Leisure Services Department
291 North Main Street
Porterville, CA 93257
Contact Persons:

Sarah Weaver, Project Manager
Phone: (559) 791-7843
Donnie Moore, Parks and Leisure Services Director
Phone: (559) 782-7539
Consultant:

901 East Main Street
Visalia, CA 93292
Contact: Click here to enter text.

Unauthorized use prohibited.

Project #230150

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page i
Table of Contents
SECTION 1 - Executive Summary .................................................................................................................... 1 SECTION 2 - Inventory and Needs Assessment ......................................................................................... 4 SECTION 3 - Quimby Act .................................................................................................................................... 7 SECTION 4 - Development Impact Fee ......................................................................................................... 9 SECTION 5 - Residential Feasibility Analysis .......................................................................................... 12

List of Tables
Table 2-1 Park Inventory......................................................................................................................................4 Table 2-2 Park Classification by Fee Type.....................................................................................................5 Table 2-3 Proposed Park Cost Estimates .......................................................................................................5 Table 2-4 New Park Acreage Distribution.....................................................................................................6 Table 3-1 Quimby Act Population Growth ....................................................................................................7 Table 3-2 Persons per Household.....................................................................................................................7 Table 3-3 Park Acreage per Housing Unit (Single-family).....................................................................8 Table 3-4 Park Acreage per Housing Unit (Multi-family).......................................................................8 Table 4-1 Park Acreage and Population Growth Matrix..........................................................................9 Table 4-2 Estimated Growth in Population and Dwellings by Housing Type................................9 Table 4-3 Impact Fee Calculation................................................................................................................... 10 Table 4-4 Alternative Residential Impact Fee Calculation.................................................................. 11 Table 4-5 Alternative Non-Residential Impact Fee Calculation........................................................ 11 Table 5-1 Effect of Impact Fees on Estimated Return on Investment............................................ 13

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 1
SECTION 1 - EXECUTIVE SUMMARY
The City of Porterville, as a part of its preparation of a Parks and Leisure Master Plan, has evaluated existing, future, and proposed park facilities within the City. The community’s profile and demographics were evaluated, and representative community and stakeholder input was received via stakeholder interviews, community workshops and surveys, and a Parks and Leisure Services Commission Meeting. An inventory and needs assessment analysis was conducted, and design and development guidelines were established. Utilizing data received during the development stages, goals and policies consistent with the General Plan were established to determine opportunities, prioritization, and facility needs. This Impact Fee Study is based on the results of the analysis that went into the preparation of the Parks and Leisure Master Plan.

There are two fees proposed for update in this Study: a Park Impact Fee and a Quimby Act Fee. Both fees, when implemented together, work to achieve the City’s goal of 4.45 acres per 1,000 persons established in the Parks and Leisure Master Plan. Both fees have been adopted for use by the City of Porterville in the past. The Parks Impact Fee charges new developments an impact fee that can be used by the City to construct new parks (Government Code Section 66002(c)(7). The Quimby Act Fee requires developers of new subdivisions to set aside acreage within the subdivision and to improve it for a new park (Government Code Section 66005(b) and Development Code 407.01). This Study proposes new fee amounts based on updated cost estimates for the construction of new parkland and/or parks and recreation facilities. It should be noted that neither fee can be used to replace existing parks/facilities or for the operation and maintenance of parks. They may only be used to construct new or expand the acreage of existing parkland and/or parks and recreation facilities.

The Park Impact Fee was first adopted by resolution on January 5, 1999, under the Mitigation Fee Act. The Parks and Recreation Element of the City's General Plan identified the impacts of contemplated new development, excluding expansion of existing development, within the General Plan boundaries on existing or planned park facilities, along with an analysis of the need for both a new park facility and expanded park facilities and improvements required by new development. This required Study established and set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements. The fees collected pursuant to this resolution can only finance park facilities described in the City's Park and Recreation Element. As required by the Mitigation Fee Act, changes to or the creation of additional impact fees that fall under the purview of this Act must include a study establishing their need and defining their use in a manner compliant with said Act. Currently, the only changes to the Park Impact Fee are allowed to be made to the annual increase based on the Engineering News-Record (ENR) Cost Index.

This Study provides the information and analysis to comply with the requirements of the Mitigation Fee Act (AB 1600). This Study will identify appropriate Park Impact and Quimby Act Fees for new development within the City of Porterville for parks as established in the 2024 City of Porterville Parks and Leisure Master Plan.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 2
The Quimby Act Fee and the Park Impact Fee are mutually exclusive fees, but the City must clearly establish that the combination of the Quimby Act and Development Impact Fees [DIF] dedications do not together exceed the goals for park acreage in the General Plan. The purpose of this Study is to establish the methodology for establishing Development Impact Fees by calculating the cost to fund facilities required to accommodate growth. Quimby Act Fees must be imposed as a condition of approving a tentative map, but Development Impact Fees are imposed pursuant to general police powers. Quimby Act Fees may only be imposed pursuant to a regulatory scheme adopted by local ordinance; Development Impact Fees are imposed pursuant to an adopted regulatory scheme after adoption by City Council resolution; the Quimby Act contains an express provision addressing developer credit against private improvements, and the Development Impact Fee legislation does not.

The power to exact Development Impact Fees arises from a city’s police power to protect public health, safety, and welfare. After the passage of Proposition 13 in 1978 and the decline in local government revenues, the local government increasingly has relied on impact fees to mitigate the impacts on city facilities and infrastructure created by new development.

Communities have used Development Impact Fees to finance needed improvements or expansions of services that result from the increased service demand caused by new residential, commercial, and industrial development. In 1989, AB 1600 was signed into law in California. This law is codified as Government Code Sections 66000 through 66009. The law was recently amended by the State Legislature in 2022.

All levels of government in the U.S. are limited by the 5th Amendment to the Constitution, “…nor shall private property be taken for public use, without just compensation.” Two U.S.

Supreme Court decisions together provide direction to cities that desire, within the bounds of the Constitution, to charge exactions (impact fees) to offset the impact that new development places on essential city services.

The first case is Nollan v. California Coastal Commission, 483 U.S. 825 (1987). The Nollans proposed the construction of a new two-story home to replace their existing one-story beachfront house overlooking the ocean. The new home was to have the same footprint as the existing home but was going to be taller than the existing home. As a condition of issuing a coastal development permit, the California Coastal Commission required that the Nollans grant a public access easement so that the public could walk across their property along the beach in front of their house. The Nollans successfully argued, and the U.S. Supreme Court held, that the exaction (the grant of public easement) was not related to the impact created by the development (increased building height). The Court set the legal standard that proof of such an “essential nexus” was required if the exaction was to be lawful. The California State Legislature passed AB 1600 in response to this decision. It codified many of the principles laid out in Nollan and established a statewide procedure for exacting certain fees from development projects.

The second Supreme Court case is Dolan v. Tigard 512 U.S. 374 (1994). In this case, Dolan applied to the City of Tigard, Oregon, for an expansion of her hardware store, which was located next to a stream within a floodplain. The city sought to condition the approval of her project upon the dedication to the city of the remaining floodplain land so that no buildings

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 3
could be constructed there. The Supreme Court found that, while the city had demonstrated the required essential nexus (expansion of the store would worsen flooding potential), the exactions the city demanded (give away the remaining land for free) were not roughly proportional to the project's impacts. In this case, the Supreme Court defined a two-part test for the exaction of real property, ruling that in order for a government to require projectspecific exactions, the government must demonstrate that (1) an essential nexus exists between the legitimate public interest and the exaction imposed (as Nollan had held) and that (2) the nature of the exaction must be “roughly proportional” to the impact the project is creating.

In April 2024, the U.S. Supreme Court issued a unanimous decision in Sheetz v. County of El Dorado, 601 U.S. (2024), No. 22-1074, affirming that to comply with the Fifth Amendment of the Constitution, legislatively enacted Development Impact Fees must have an “essential nexus” to the government’s land use interest and a “rough proportionality” to the development’s impact on that interest.

Taken together, these cases, along with AB 1600, require that before a city may establish or increase a Development Impact Fee, it must do the following:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put.

3. Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Amendments to AB 1600 were made in 2022, which established an additional requirement.

Unless special findings can be made, the impact fee should be based on the square footage of the new buildings being constructed. In past studies, the City of Porterville has used square footage or the number of residential units to determine impact fees. This Study will use the square footage of buildings as the basis for proposed impact fees.

This Study proposes that the maximum allowable Quimby Act assessment and Development Impact Fee to provide for new parkland to be as follows:

• Require single-family developments to incorporate 0.0032 acres of miniparks per dwelling unit within the new subdivision (or an equivalent fee1), and require a Development Impact Fee of $3.563 per square foot for the City to use to construct new neighborhood parks.

• Require multi-family developments to incorporate 0.0022 acres of miniparks per dwelling unit within the new development (or an equivalent fee1), and require a Development Impact Fee of $4.720 per square foot for the City to use to construct new neighborhood parks.
1 See Section 3

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 4
SECTION 2 - INVENTORY AND NEEDS ASSESSMENT
Existing park needs were evaluated via an assessment to determine facility conditions.

Through the public outreach process, future park improvements to existing parks were evaluated and prioritized by park classification in Table 2-1 below.

Table 2-1
Park Inventory
In addition to improving parks to meet the growing City’s changing needs, additional park acreage will be needed as the population grows. Population growth is specific to the number of residents living in residential dwelling units. To measure the need for future parks as the City’s population grows, a ratio was calculated that would measure against growth in a manner that kept the park acre ratio to residents proportional to existing conditions.

The City currently has a population of 62,558 and 281.3 acres of parkland. This translates into a ratio of 4.45 park acres per 1,000 population. With this current ratio, the City has maintained a favorable proportion of parks within comfortable walking or biking distance to most residents. Based on estimated population growth, the City’s total park acreage needs to increase by 19.2 acres to 300.5 acres by 2039, an increase of 1.28 acres per year or 6.4 acres every five-year interval, to maintain its current ratio of 4.45.

For purposes of calculating impact fees and Quimby Act Fees, the future growth of park acreage was broken into categories of park classification (minipark, neighborhood park, Existing Park Park Classification Acreage Total Acres
Centennial Park Minipark 0.4

1.4 Lions Minipark Minipark 0.25
Lime Street Minipark Minipark 0.5
North Park Minipark 0.25
Burton Ballfields Neighborhood Park 5.4

20.5 Fallen Heroes Park Neighborhood Park 2.3
Hayes Field Neighborhood Park 7.5
Henry Street Park Neighborhood Park 5.4
Fourth Street Park Community Park 11.8
173.7
Murry Park and Pool Community Park 36.1
Porterville Sports Complex Community Park 72.7
Santa Fe Sportsplex Community Park 12
Veterans Park and Skate Park Community Park 26.5
Zalud Park Community Park 14.6
Butterfield Historic Trail Trailway 23.1
Santa Fe Byway Trailway 14.3
Tule River Parkway Trailway 48.3
Total 281.3

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 5
community park, or regional park). Future growth of parks was then identified as being attributable to the Quimby Act or impact fees as demonstrated in Table 2-2.

Table 2-2
Park Classification by Fee Type
Quimby Act Fees Acres
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Quimby Act Total 4.2

Impact Fees Acres
Henry Street Park (new) Neighborhood Park 5
Future Park Neighborhood Park 5
Future Park Neighborhood Park 5
Impact Fee Total 15
In the Parks and Leisure Master Plan, a range of cost estimates for developing a hypothetical new park were provided. Cost projections were established using the Opinion of Probable Improvement Cost (OPIC). Unit costs were evaluated by a licensed landscape architect and took into consideration unit costs from actual new parks recently constructed in Central California. The cost of developing parkland includes estimated acquisition and design costs.

The costs in Table 2-3 are based on the costs shown in the Parks and Leisure Master Plan.

Table 2-3
Proposed Park Cost Estimates
Quimby Act Fees Park Classification Acreage Cost
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Quimby Act Total 4.2 $3,499,300

Impact Fees Park Classification Acreage Cost
Henry Street Park
(new portion)
Neighborhood Park 5 $2,040,750

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 6
Future Park Neighborhood Park 5 $4,081,500
Future Park Neighborhood Park 5 $4,081,500
Impact Fee Total 15 $10,203,750
Table 2-4 shows the cost per acre of each of the two programs.

Table 2-4
New Park Acreage Distribution
Proportion of Quimby Act vs.

Impact Fees
% of Total New
Acreage Cost Cost per Acre2

Quimby Act 4.2 Acres 22% $3,499,300 $833,167
Impact Fees 15 Acres 78% $10,203,750 $816,300
Total 19.2 Acres 100% $13,703,050 --
The calculation of the Quimby Act Park Acreage Dedication is intended to result in the provision of 4.2 acres of parkland in the form of miniparks embedded in new residential subdivisions and constructed by the subdivider. The process of calculating the acreage based on the size of the subdivision is found in Section 3 of this report.

The calculation of the impact fee is intended to result in funding for 15 acres of new parkland.

Developers would pay the City fee when occupancy permits for new dwellings are issued.

The process of calculating the acreage based on the size of the subdivision is found in Section 4 of this report.

Both the Quimby Act Fee and the Development Impact Fee are to be charged to new residential development to maintain the 4.45 acres per 1,000 population. 2 Excludes cost of acquisition, planning, and design

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 7
SECTION 3 - QUIMBY ACT
Based on the goals in the Parks and Leisure Master Plan, there would need to be a consistent ratio of 4.45 acres of parkland for every 1,000 persons associated with new population growth to keep up with the population growth estimated through 2039. With a projected population of 67,532 in 2039, there will be a growth of 4,974 persons from today's population. Based on the Quimby Act’s proportional share of new park acreage established in Table 2-4, 22 percent of the proposed 19.2 new park acreage, or 4.2 acres of park, are attributable to Quimby Act Fees. This means the growth of population in 1,000-person increments will result in a need for Quimby Act-related park growth at 0.97 acres per 1,000 persons.

Table 3-1
Quimby Act Population Growth
Current Population 62,558
Population Growth (2039) 67,532
Difference in Population 4,974
Proportional Growth in Park Acreage (4.45*22%/1,000) 0.97/1,000 Quimby Act Park Acreage Dedications are taken at the time developers build a new home.

The need for the growth of parks is attributable to a ratio per 1,000 persons. At the time of building, the total number of persons per household is unknown. To establish an average person per household factor, census data from the American Community Survey was used to calculate, on average, how many persons live in a single-family dwelling unit versus a multifamily dwelling unit.

Table 3-2
Persons per Household
Persons per Household
Single-family Population 50,475 3.3 Total Housing Units SF 15,358 Multi-family Population 10,594 2.3 Total Housing Units MF 4,579 Source: American Community Survey For every 1,000-person growth in the population, the park dedications required under the Quimby Act will make up a total of 0.97 acres per 1,000 population. The share of acreage per person needs to be converted to the number of houses to determine the necessary number of acres per housing unit to dedicate to the Quimby Act share of park expansion. Tables 3-3 and 3-4 demonstrate the distribution and required dedication to maintain the current park per persons ratio in the City of Porterville.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 8
Table 3-3
Park Acreage per Housing Unit (Single-family)
Single-family Home Park Dedication Single-family
Quimby Act per 1,000 population 0.97 acres per 1,000 population Single-family person per household 3.3 persons per household Acres need per 1,000 homes (= 0.97 * 3.3) 3.2 acres per 1,000 homes Acres per housing unit to dedicate 0.0032 acres per single-family home

Table 3-4
Park Acreage per Housing Unit (Multi-family)
Multi-family Home Park Dedication MF
Quimby Act per 1,000 population 0.97 acres per 1,000 population Multi-family person per household 2.3 persons per household Acres need per 1,000 homes (= 0.97 * 2.3) 2.2 acres per 1,000 homes Acres per housing unit to dedicate 0.0022 acres per multi-family home The calculation above provides a scenario where a tangible amount of land must be dedicated and improved as a park to keep up with the built-homes ratio of persons per park acre under the Quimby Act.

At the discretion of the Community Development Director, a tentative map with less than 50 lots or a multi-family development with less than 50 units may pay an in-lieu fee instead of parkland dedication. The in-lieu fee can be calculated by determining the required dedication of park acreage multiplied by the cost per acre, which is based on the higher end of the estimated cost assumptions for new park development project cost/unit (Table 2-4).

If there is an over-dedication of park acreage for a new development – a credit may be calculated to offset the required impact fees for the project. The credit would be calculated by multiplying the cost per acre (Table 2-4) by the number/portion of acres in excess of the required dedication.

Here is an example describing how this is to be implemented:

A new tentative subdivision map is proposed that shows 150 new single-family homes and includes a 0.40-acre parcel for a new park within the subdivision. The Quimby Act Fee requires that 0.48 acres be dedicated and developed for a park (150 lots multiplied by the single-family acres per household factor of 0.0032 equals 0.48 acres). When the tentative map is approved, a condition should be added that requires the 0.40-acre park to be improved to the City’s park standards at developer expense and then dedicated to the City.

In addition, the developer should be required to pay the Development Impact Fee identified in Section 4 of this report as well as a fee of $66,653.36 to cover the 0.08-acre difference between the 0.40 acres dedicated and the 0.48 acres that is required.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 9
SECTION 4 - DEVELOPMENT IMPACT FEE
The City currently has a population of 62,558 and 281.3 acres of parkland. The City is currently at a ratio of 4.45 acres per 1,000 persons. The number of parks and open spaces allocated under the General Plan is larger than is required under the Quimby Act so Development Impact Fees will bridge the shortfall to 4.45 acres per 1,000 persons under new development. To maintain the ratio, the park acreage needs to increase to 300.5 acres by 2039. The total park acreage growth is demonstrated below.

Table 4-1
Park Acreage and Population Growth Matrix
Impact Fee Population Growth
Current Population 62,558
Population Growth (2039) 67,532
Difference in Population 4,974
Current Park Acreage 281.30
Build-out Park Acreage 300.50
Growth in Park Acreage 19.20
As described in Section 3, the Quimby Act land dedication will cover 0.97 per 1,000-person growth in population or 4.2 acres total. This leaves 15.0 acres of the 19.2 needed to be funded by Development Impact Fees. Unlike Quimby Act requirements, impact fees must be charged per square foot of development rather than by a land dedication.

Using the existing ratio of multi-family and single-family homes established in Porterville, the estimated growth in population is distributed proportionally. In Porterville, 75.3 percent of the population lives in single-family homes, and 24.7 percent live in multi-family homes.

Table 4-2 distributes the anticipated population growth by housing type. The table estimates the number of housing units that will house the projected population growth when multiplied by the average number of persons per household.

Table 4-2
Estimated Growth in Population and Dwellings by Housing Type Population Persons per Household Housing units
Total population growth (2039) 4,974
Single-family population (75.3%) 3,745 3.3 1,135
Multi-family population (24.7%) 1,229 2.3 534
State law now presumptively favors that impact fees be charged based on a new building’s square footage. Keeping park acreage proportional to their growth in population, an estimation of the number of housing units, as demonstrated in Table 4-2, is built upon. Table 4-3 takes the estimated number of future dwelling units and divides the total park impact cost by the estimated number of square feet in future homes.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 10
The factor multiplied becomes the total number of square feet of housing units estimated to be built. The total cost for future parks is divided by the total number of square feet; the total impact fee per square foot can be established for both single-family and multi-family.

Table 4-3
Impact Fee Calculation
Total Park Impact Calculation Single-family
Dwelling
Multi-family
Dwelling
Estimated Number of single dwelling Units 1,135 534
Estimated average sq. ft. 1,900 1,000
Total estimated sq. ft. 2,156,500 534,000
Proportion of Cost for 15 Acres of Parkland $7,683,423.75 $2,520326.25 Maximum Allowed Impact fee per sq. ft. $3.563 $4.720
Non-residential land uses are not included in this impact fee. Table 4-3 takes the total number of planned units and multiplies it by the estimated average future residential square feet. Then 75.3 percent of the cost of 15 acres of parkland is divided by the total estimated square feet of future units to arrive at a proposed impact fee for single-family dwellings.

Similarly, 24.7 percent of the total cost of 15 acres of parkland is divided by the total estimated multi-family square footage to arrive at a proposed impact fee for multi-family dwellings.

This fee should be adjusted annually based on the published Construction Cost Index. It is recommended that the City Council adopt new fees and authorize City staff to automatically adjust them each year.

ALTERNATIVE IMPACT FEE CALCULATION THAT INCLUDES NEW NON-RESIDENTIAL

DEVELOPMENT

As an alternative to the maximum allowed impact fee shown in Table 4-3, new nonresidential development could also be required to pay an impact fee. It can be reasonably assumed that non-residential uses have staff that utilize Parks, thus impacting them. The inclusion of requiring non-residential development to pay an impact fee will not necessarily generate more money in fees. What it will do is reduce the impact fee for residential developments. The City can choose to adopt an impact with or without including nonresidential development. If non-residential is included, the fee would be calculated as follows:

The generation of $10,230,750 in fees to fund 15 acres of new parkland would still be the goal. To fairly distribute these costs to new development, we can assume that while residents can frequent parks 16 hours per day, employees of non-residential uses can only frequent parks for at most two hours a day, during lunch hour and ½ hour before and after work. So non-residential uses should contribute 1/9th of fees (or $1,136,750) and

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 11
residential development contribute 8/9ths of fees (or 9,094,000). The residential distribution of the fee between single-family (75.3%) and multi-family (24.3%) development would remain the same as in Table 4-2 and Table 4-3. Table 4-4 shows the alternative calculation of the impact fee when non-residential development is included.

Table 4-5 shows the complementary calculation for an alternative impact fee which includes commercial, office and industrial uses.

Table 4-4
Alternative Residential Impact Fee Calculation
Total Park Impact Calculation Single-family
Dwelling
Multi-family
Dwelling
Estimated Number of single dwelling Units 1,135 534
Estimated average sq. ft. 1,900 1,000
Total estimated sq. ft. 2,156,500 534,000
Proportion of Cost for 15 Acres of Parkland $6,847,782 $2,246,218 Maximum Allowed Impact fee per sq. ft. $3.175 $4.206
Table 4-5
Alternative Non-Residential Impact Fee Calculation
Total Park Impact Calculation Commercial
Uses
Office Uses Industrial
Uses
Estimated undeveloped acres 49 5 1,158
Estimated Potential building sq. ft. of new
development3
533,610 54,450 10,088,496
Estimated ratio of new employees based on
building sq.ft.4

2.5 emp. per
1,000 sq.ft

4.17 emp. per
1,000 sq.ft

1.25 emp. per
1,000 sq.ft
Estimated new employees 1,334 227 12,611
Percentage of non-residential impact 9.4% 1.7% 88.9%
Proportionate share of $1,136,750 $106,854.50 $19,324.75 $1,010,570.75 Maximum Allowed Impact fee per sq. ft. $0.200 $0.355 $0.100 3 Estimating 0.25 Floor Area Ratio (FAR) for commercial and office uses and 0.2 FAR for industrial uses. 4 Based on data in LAUSD School Facilities Plan, February 24, 1998. Table 6-1, “Employees per Square Foot of Building Area,”

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 12
SECTION 5 - RESIDENTIAL FEASIBILITY ANALYSIS
In addition to determining the impact fees related to improvements needed for new development impacts, it is important to consider the implications of imposing fees. It must be understood the level of ability of residential development and land to absorb the added cost of new or increased impact fees in addition to other development costs so that impact fees do not inhibit housing production. Especially in California, it is important that policymakers understand the link between their chosen residential impact fee levels and the impact those fees might have on housing outcomes to balance their community's need for fee revenues with new housing construction. Although impact fees increase housing costs, they also fund public facilities that improve the City, promote quality of life, and enhance land values.

It is important to understand the implications of imposing fees. Development occurs strategically and often with years of research and capital investments during the predevelopment period. Prior to starting construction, a developer must be able to demonstrate to its investors and lenders that a project is financially feasible, meaning that a new housing development will generate sufficient revenues and returns to meet capital obligations.

For a development to be feasible, it must consider its revenues, costs, and return on investment. The anticipated return must be equal to or higher than market-driven return metrics that investors and lenders indicate they will be able to underwrite to determine whether to provide capital funding. The returns can be measured via return on development cost, return on cost (yield on cost), or return on sale (net margin).

An example of an illustrative residual land value analysis is provided below.

Example:

It is assumed that the median home price for a 2,000-square-foot single-family detached home in July 2024 is $362,500. When considering all revenues and costs, the average return on investment is approximately 15 percent.

For purposes of demonstrating how much of an effect these impact fees/Quimby Act fees have on a development return, the table below demonstrates the effect that the change from current to proposed fee costs will have on return on investment. The difference in impact fees may result in the return to be adjusted accordingly.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 13
Table 5-1
Effect of Impact Fees on Estimated Return on Investment Fee Estimated Return
Current Impact Fees and Quimby Act equivalent fees for
one single-family home
$960 15.0%
Proposed Impact Fees and Quimby Act equivalent fees
for one single-family home
$4,070 14.1%
The proposed fee would increase the cost of a single-family residential unit’s impact fees at 2,000 square feet from $960 to $4,070. When you consider the impact of $3,110 on a home's total return, the margin of return is reduced from $54,375 to $51,265, which represents a return on investment from 15 percent to 14.1 percent.

Revenues and costs fluctuate for each development depending on the specific specifications of the house being built. It is not expected that the difference between existing and proposed fees is significant enough to deter a developer from developing a project because of this increased fee, which would promote a better quality of life in Porterville.

EXHIBIT ‘A’
PARK IMPACT FEES ◊
Effective Date Effective Date
07/01/22 07/01/23*

1. Single Family (RS-1 & RS-2) ∆ $960 $988

2. Multiple Family Per Unit ∆ $745 $767

3. Mobile Homes ∆ $538 $555
To be increased annually by the Engineering News Record Construction Cost Index. *MO #11-062023 – Based on ENR Index = 13176.3
∆ Resolution #2-99 (Establishing ENR Annual Adjustment) ◊ Fees Covered by the Mitigation Fee Act
P:\PUBWORKS\GENERAL\ADMINISTRATION\CONNECTION FEES\2023 FEE ADJUSTMENT\EXHIBIT A 2023.DOC RESOLUTION NO. _____ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

UPDATING THE PARK IMPACT FEE FOR ALL NEW RESIDENTIAL

DEVELOPMENTS WITHIN THE CITY OF PORTERVILLE
WHEREAS; The City Council of the City of Porterville has adopted Ordinance No. 1567 creating and establishing the authority for imposing and charging park impact fees; and
WHEREAS; The Parks Master Plan, adopted by the City Council on November 5, 2024, and the Parks and Leisure Master Plan Impact Fee Study identified the impacts of new development within the General Plan boundaries on existing or planned park facilities, along with which an analysis of the need for new and expanded park facilities and improvements required by new development was conducted and said study set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements; and WHEREAS; the City Council finds as follows:

A. The purpose of this fee is to assist in financing new and expanded park facilities and accommodate increased demand brought about by new development within the City General Plan boundaries, excluding the expansion of existing development;
B. The fees collected pursuant to the resolution shall be used to finance only park facilities described in the City’s Parks Master Plan; C. There is a need identified in the City’s Parks Master Plan for facilities which have not been constructed or are in need of expansion due to new development. These facilities are directly related to new development and, therefore, new development shall contribute its fair share towards the cost of the facilities. Said facilities have been called for in the City’s Parks Master Plan;
D. The facts and evidence presented establish that there is a reasonable relationship between the need for the described park and recreation facilities and the impacts of the types of development prescribed in Item 2, below, for which the corresponding fee is charged, and also, there is a relationship between the use of the fee and the type of development for which the fee is charged, as these reasonable relationships are in more detail described in the study referred to above;
E. The cost estimates set forth in the Parks Master Plan are reasonable cost estimates for construction of these facilities, and the fees in attached Resolution No. ____-2025
Exhibit “A”, expected to be generated by new development, will not exceed the total of these costs.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby affirm;

1. The minimum level of service for the purpose of updating and implementing a Parks and Recreation Impact fees shall be set as the fee in attached Exhibit “A”.

2. “New Development” shall be defined as new construction of residential improvements (both single and multi-family and mobiles homes).

3. Parks impact fees shall be paid prior to the issuance of certificate of occupancy by all new development in the boundaries of the City.

4. For new development, the fees shall be as established in the adopted fee schedule, by resolution of the City Council, attached hereto as Exhibit “A”, and incorporated herein by this reference as if set forth in full herein, which schedule shall be further adjusted annually by the Director of Engineering and Project Management in accordance with the “Engineering News Record Construction Cost Index” publication.

5. The use of the impact fee for park facilities shall be in conformance with those projects specifically identified in the most recently adopted Parks Master Plan.

The fee shall be solely used to pay; acquisition of land and development or expansion of public park facilities.

6. Fee Review. Commencing in fiscal year 2029, and at least once every five years thereafter, the Director of Parks & Leisure Services shall review the estimated cost of the described capital improvements, the continued need for those improvements and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which this fee is charged. The Director of Park and Leisure Services shall report their findings to the City Council at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed.

Resolution No. ____-2025
PASSED, APPROVED and ADOPTED this 21st day of January 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
EXHIBIT ‘A’
PARK IMPACT FEES ◊
Effective Date
Developer Impact Fee 02/20/25

1. Single Family (RS-1 & RS-2) – Per Square Foot ∆ $3.563

2. Multiple Family - Per Square Foot ∆ $4.720
To be increased annually by the Engineering News Record Construction Cost Index.

Effective Date
Quimby Act (Dedication & Improvement Calculation) 02/20/25

1. Single Family (RS-1 & RS-2) – Per Unit ∆ 0.0032 acres

2. Multiple Family - Per Unit ∆ 0.0022 acres
Cost Per Acre for credits and charges for over-dedication and improvement or underdedication and improvement are based on $833,167 per acre cost. At the discretion of the Community Development Director, tentative maps with less than 50 lots or a multifamily development with less than 50 units may pay an in-lieu fee instead of the Quimby Act parkland dedication and development based on the above-mentioned Cost Per Acre price (this would be in addition to the Developer Impact Fees due for the development). *MO #XX-XXXX – Based on ENR Index =
∆ Resolution #XX-2025 (Establishing ENR Annual Adjustment) ◊ Fees Covered by the Mitigation Fee Act
P:\PUBWORKS\GENERAL\ADMINISTRATION\CONNECTION FEES\2023 FEE ADJUSTMENT\EXHIBIT A 2023.DOC RESOLUTION NO. _____ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE UPDATING THE PARK IMPACT FEE FOR ALL NEW RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENTS WITHIN THE CITY OF PORTERVILLE WHEREAS; The City Council of the City of Porterville has adopted Ordinance No. 1567 creating and establishing the authority for imposing and charging park impact fees; and
WHEREAS; The Parks Master Plan, adopted by the City Council on November 5, 2024, and the Parks and Leisure Master Plan Impact Fee Study identified the impacts of new development within the General Plan boundaries on existing or planned park facilities, along with which an analysis of the need for new and expanded park facilities and improvements required by new development was conducted and said study set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements; and WHEREAS; the City Council finds as follows:

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby affirm;

1. The minimum level of service for the purpose of updating and implementing a Parks and Recreation Impact fees shall be set as the fee in attached Exhibit “A”.

2. “New Development” shall be defined as new construction of residential and non-residential improvements (both single and multi-family, mobiles homes, commercial, professional office, and industrial uses).

3. Parks impact fees shall be paid prior to the issuance of certificate of occupancy by all new development in the boundaries of the City.

5. The use of the impact fee for park facilities shall be in conformance with those projects specifically identified in the most recently adopted Parks Master Plan.

The fee shall be solely used to pay; acquisition of land and development or expansion of public park facilities.

Resolution No. ____-2025
PASSED, APPROVED and ADOPTED this 21st day of January 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
EXHIBIT ‘A’
PARK IMPACT FEES ◊
Effective Date
Developer Impact Fee 02/20/25

1. Single Family (RS-1 & RS-2) – Per Square Foot ∆ $3.175

2. Multiple Family - Per Square Foot ∆ $4.206

3. Commercial – Per Square Foot ∆ $0.200

4. Profession Office – Per Square Foot ∆ $0.355

5. Industrial – Per Square Foot ∆ $0.100
To be increased annually by the Engineering News Record Construction Cost Index.

Effective Date
Quimby Act (Dedication & Improvement Calculation) 02/20/25

1. Single Family (RS-1 & RS-2) – Per Unit ∆ 0.0032 acres

Item No. 23.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Second Reading - Ordinance No. 1909, Amending Series 200, Series 300, and Series 700 of the Porterville Development Ordinance SOURCE: City Attorney
COMMENT: Ordinance No. 1909, an Ordinance of the City Council of the City of Porterville Amending Series 200, Series 300, and Series 700 of the Porterville Development Ordinance to ease regulations and provide consistency with State Laws regarding housing and planning regulations, was given first reading on December 17, 2024, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1909, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1909
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 44 ends

Porterville City CouncilJanuary 21, 2025

Porterville City Council
January 21, 2025