Tulare City Council
June 3, 2025

Assembly Bill 1287 Additional Density Bonus for Very Low- to Moderate-income Units California Assembly Bill 1287, signed into law on June 21, 2023, requires that a city, county, or city and county grant an additional density bonus. Additional density bonuses are to be administered when housing development conforms to specified requirements and provides 24 percent of the total units to lower income households, conforms to specified requirements and provides 15 percent of the total units to very low households, or conforms to specified requirements and provides 44 percent of the total units to moderateincome units.

The Density Bonus Law prohibits a local government from conditioning the submission, review, or approval of an application pursuant to the Density Bonus Law on the preparation of an additional report or study that is not otherwise required by state law, but provides that this provision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking rations, as specified.

On/Off Site Improvement Standards
The City of Tulare has established standards for the design, construction, and installation of public improvements located within subdivisions. These standards are intended to implement the General Plan and protect the public health, safety, welfare, and aesthetics of the community. As stated in the U.S.

Department of Housing and Urban Development’s (HUD) study of Subdivision Requirements as a Regulatory Barrier, such requirements can reasonably be considered regulatory barriers to affordable housing if Tulare determines that the requirements are greater (and hence, more costly) than those necessary to achieve health and safety requirements in the community.

The City regulates site improvements by the Subdivision Ordinance (Section 8.24.160) through conditions and standards imposed through the City’s Site Plan Review process. On-site improvements typically include street, curb, gutter, sidewalk, and utilities as well as amenities such as landscaping, required off-street parking, fencing, streetlights, open space, and water systems. Off-site improvements typically include the following (some of which are regulated by other agencies):
 Road improvements, including construction of sections of streets, alleys, curbs and gutters, bridges, pedestrian ways, and bicycle paths.
 Street Trees, in compliance with the City’s Street Tree Planting Ordinance.  Sewage collection and treatment (City of Tulare Sewer Division).  Water systems improvements, including water mains, connections, fire hydrants, storage tanks, and treatment plants (City of Tulare Water District).
 Public facilities for fire (City of Tulare Fire Department), school (Tulare City Elementary School District, Tulare Joint Union High School District), and recreation.

To reduce housing costs, the City aims to require only those improvements that are deemed necessary to maintain public health, safety, and welfare. Generally, the developer passes on-site and off-site improvement costs to the homebuyer or renter as part of the final cost of a home. The site improvements that are under the jurisdiction of the City have specific requirements that are discussed below.

Street improvement requirements are regulated by the Zoning Code, Section 8.24.040. In addition to the zoning regulations, street design shall conform in principle to the streets shown on the circulation element of the General Plan and any applicable precise plan adopted by City Council relating to streets. The following minimum street widths are required:
 Local Streets: 56 feet
 Collector Streets: 64 feet
 Arterial Streets: 64 feet
 Industrial Streets: 68 feet
 Cul-de-sac Streets: 52 to 56 feet
 Frontage Streets: 48 feet
 Major Arterial Streets: 84 to 146 feet
City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Improvement Standards
Public improvement standards values are listed below.
 Excavation of Existing Street or Interior Street - Value: range between $5.66/cy to $36.39/cy  Curb and Gutter – Value: $25 per linear foot
 Sidewalk – Value: range $3.01/sf.
 Connection to Existing Sewer - Value: $232.70 each
 1-inch Water Service Meter - Value: $1,352.01 each

Provision of a Variety of Housing Types
Housing Element law specifies that jurisdictions must identify adequate sites that are zoned to encourage the development of a variety of housing types available to all economic segments of the population. Persons and households of different ages, types, incomes, and lifestyles have a variety of housing needs and preferences that evolve over time and in response to changing life circumstances. This includes singlefamily homes, multifamily housing, accessory dwelling units, mobile homes, agricultural employee housing, homeless shelters, and transitional housing, among others.

Manufactured Housing
Manufactured housing is permitted by-right in the R-A and R-1 districts and with a CUP in the R-M, PD, and D districts. Mobile home parks are permitted with a CUP in the R-A, R-1, R-M,C-1, C-2, C-3, and C-4 districts.

Accessory Dwelling Units
In recent years, several bills have added requirements for local governments related to accessory dwelling unit (ADU) regulation. Updates to State law in 2016 and 2017 included changes pertaining to the allowed size of ADUs, permitting ADUs by right in at least some areas of a jurisdiction, and reduced parking requirements related to ADUs. More recent bills reduce the time to review and approve ADU applications to 60 days and remove lot size and replacement parking space requirements. AB 68 allows an ADU and a junior ADU (JADU) to be built on a single-family lot, if certain conditions are met. The State has also removed owner-occupancy requirements for ADUs, created a tiered permit fee structure for ADUs based on their size and location, and prohibits fees on units of less than 750 square feet. In addition, AB 671 requires the Housing Element to include plans to incentivize and encourage affordable ADU rentals.

In 2022, two laws were passed that affect ADU development. Bother pieces of legislation went into effect on January 1, 2023. SB 897 increases the existing height limit for attached and detached ADUs that meet certain conditions. AB 2221 clarifies existing ADU law to close procedural and permitting loopholes for approving ADUs, including the requirement for approving or denying applications within 60 days of application submittal and providing a full set of comments and remedies to applicants with denied applications. Additionally, AB 2221 adds front setbacks to the list of local development standards that local governments cannot impose if they would preclude construction of an attached or detached ADU of at least 800 square feet, that is at least 16 feet in height and that has at least four-foot side and rear yard setbacks.

ADUs are subject to the following standards:
 Ownership. A covenant between the City and the applicant shall be recorded with the County Recorder prior to the issuance of any building permit requiring that either the accessory dwelling unit, or the principal dwelling unit, shall always be occupied, by the property owner of record. Furthermore, the ADU shall not be sold separately from the principal dwelling unit, however the accessory dwelling unit or the principal dwelling unit may be rented, but only for rental terms of at least 30 days.  Attachment. An accessory dwelling unit may be established by the conversion of an attic, basement, garage, or other portion of a principal dwelling unit. A garage may be converted to an accessory dwelling unit if replacement parking for the principal dwelling unit is provided on another portion of the parcel by covered parking or uncovered parking, including tandem spaces. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction.
 Number of Units. Only one accessory dwelling unit shall be allowed per lot.  Lot Coverage. The maximum site area covered by an accessory dwelling unit shall be no more than 50 percent of all uses on a lot.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

 Floor Area. The accessory dwelling unit, if attached, shall not exceed 50 percent of the existing living area of the principal dwelling unit, and shall not exceed a maximum of 1,200 square feet. If the accessory dwelling unit is detached, the total living area shall not exceed 1,200 square feet.  Space Between Buildings. The minimum distance between a detached accessory dwelling unit and the principal dwelling unit shall be ten feet.
 Manufactured Home. A manufactured home pursuant to Cal. Health and Safety Code § 18007 is permitted as an accessory dwelling unit if a permanent foundation is provided or unless the manufactured home has an existing foundation.
 Off-street Parking. In addition to current parking requirements for the existing residence, one additional paved, off-street parking space, not less than nine feet by 20 feet, shall be provided for the accessory dwelling unit. This parking space may be accommodated on an existing driveway. All new or modified driveways shall conform to City standards. The additional off-street parking space requirement shall be waived in any of the following instances:
o The accessory dwelling unit is located within one-half mile of a public transit station or stop (such as a bus stop).
o The accessory dwelling unit is located within an architecturally and historically significant historic district.
o The accessory dwelling unit is part of the existing principal dwelling unit or an existing accessory structure.
o When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
o When there is a car share vehicle located within one block of the accessory dwelling unit.  Appearance. The accessory dwelling unit's scale, appearance, and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences.

Multifamily
Multifamily housing is permitted by-right in the four R-M zones and MU zones. Multifamily development is also permitted by CUP in the C-1, C-2, C-3, C-4, PD, and D zones.

Standards for multifamily projects are specified within the multiple-family residential district, Section

10.36.060 of the Zoning Code, which includes:
 Building Facades. In multifamily projects building facades shall be designed utilizing varying setbacks, projections, balconies, and by varying the pattern and location of windows and doors on the building face.
 Multiple-family Infill. Multiple-family infill in existing neighborhoods is required to be compatible in appearance with existing residences, especially single-family dwellings.  Landscaping. All outdoor areas not used for parking, walkways or other features shall be landscaped, but not less than 10 percent of the total site area of each parcel shall be landscaped.  Parking Facilities. Parking lots, driveways and entries should be designed to blend in with the overall project.
o Long, unbroken rows of parking spaces are discouraged. Where possible, individual attached garages (with garage doors) for each unit are preferred. Otherwise, dispersed parking lots and heavy landscaping can serve to break up large parking areas. o Parking rows shall be broken up with a landscape island every eight spaces. o Special treatment should be given to project entryways, including the use of landscaping, walls, fountains, signs, and other architectural features. Entryway paving should be given special treatment, such as stamped paving, colored paving, or cobblestones. o Parking areas shall be screened from view from adjoining properties and street rights-of-way by a solid fence, wall, landscaping, or architectural feature. For the multifamily housing types in mixed-use projects, such as apartments and duplexes, which are conditionally permitted in the overlay zones, separate standards exist.
o
Group Homes/Residential Care Facilities
Group homes and residential care facilities with six or fewer residents are permitted by-right in all residential districts, which is in accordance with state law. Group homes and residential care facilities with seven or more residents are allowed under a CUP in all residential zones.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

The City requires one covered parking space per every three beds in group care facilities, including residential care facilities. This is reduced from the two parking spaces required for single-family residential and 1.5 spaces for multifamily residential. The parking requirements in place for residential care facilities are similar to, or reduced from, that of other residential uses.

Emergency Shelters
The City of Tulare allows emergency shelters serving 13 or fewer people by-right in the R-M zone and with a CUP in the C-4 zone. Emergency shelters serving more than 13 people are permitted with a CUP in the R-M and C-4 zones.

Development standards for emergency shelters and transitional housing are as follows:
 Emergency shelters shall be limited to a maximum of 13 beds or clients as a permitted use. The number of beds or clients served is also limited by the size of the building and the Building Code occupancy standards.
 Off-street parking shall be based upon demonstrated need and shall be consistent with any pertinent parking requirements of the zone district wherein the emergency shelter is located.  Each emergency shelter shall have an interior onsite waiting and client intake area sufficient in size as determined by the Director of the Planning and Building Department to admit individuals to the shelter.  Each emergency shelter shall have an onsite manager 24 hours a day.  No emergency shelter may be located closer than 300 feet from another similar shelter.  Lighting of the property on which the facility is located should be designed to provide a minimum maintained horizontal illumination of at least one foot candle of light on the parking surfaces and walkways.

The parking requirement for emergency shelters is not compliant with AB 2339 which requires cities to only require sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

In 2019, AB 101 was passed requiring that a Low Barrier Navigation Center development be a use by right in mixed-use zones and nonresidential zones permitting multi-family uses. A Low Barrier Navigation Center is a low barrier, temporary, service-enriched shelter that helps homeless individuals and families obtain permanent housing. The City will need to amend its Zoning Ordinance to explicitly allow the development of Low-Barrier Navigation Centers, by right, in residential use and mixed-use zones, as well as nonresidential zones permitting multi-family uses.

AB 2339 was passed in 2022 and went into effect January 1, 2023. AB 2339 requires that jurisdictions expand the definition of emergency shelters per AB 2339 to include interim housing options such as navigation centers, bridge housing, and respite and recuperative care; and identify zoning designations where emergency shelters are allowed to include sites that meet at least one of the following:
 Vacant and zoned for residential use;
 Vacant and zoned for nonresidential use and located near amenities and services for homeless individuals;
 Nonvacant and is suitable for use as a shelter in the current planning period.

Zoning designations identified to allow emergency shelters as a permitted use without a discretionary permit must also allow residential uses. The City permits emergency shelters by-right in the R-M zone which also permits residential development, which satisfies that requirement of AB 2339.

Identified sites within the R-M zone must also have a minimum area of 200 square feet per unsheltered person to accommodate the number of people experiencing homelessness, and the zoning designations identified to allow emergency shelters as a permitted use without a discretionary permit must allow residential uses. Additionally, AB 2339 requires that emergency shelters can only be subject to parking requirements such that the jurisdiction can require sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

The 2023 Kings/Tulare County Point-In-Time (PIT) count estimated 284 people in Tulare. To meet the requirements of AB 2339, 56,800 square feet (1.3 acres) of appropriately zoned land would be needed that meets the requirements of state law. The City has space capacity to accommodate the PIT count. However, due to the City’s maximum capacity limit of 13 residents, there would need to be available space for 22 shelters to meet the space requirements. There are 12 vacant parcels of realistic size that could provide space for potential emergency shelters to meet the requirements of AB 2339.

Transitional and Supportive Housing
“Transitional housing” is defined as buildings configured as rental housing operating under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone (SB 745).
“Supportive housing” is defined as housing with no limit on length of stay that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining permanent housing, health services, and employment, as needed. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. AB 2162 requires cities to allow certain supportive housing meeting specific criteria to be permitted by right in all zones where multifamily housing is also permitted (including nonresidential zones). For such supportive housing locating within half-mile from transit, no minimum parking can be required.

Transitional housing has the same provisions in the City’s Zoning Code as emergency shelters, and is permitted to serve up to 13 people is permitted by-right in the R-M zone and with a CUP in the C-4 zone.

Transitional housing developments serving more than 13 people are permitted with a CUP in the R-M and C-4 zones. The Zoning Code does not contain any provisions for supportive housing and limits the zones in which transitional housing is allowed. It also contains occupancy restrictions for transitional housing that are beyond what is required for other housing types in these zones. Therefore, Tulare’s Zoning Code is not consistent with the requirements of SB 745 and AB 2162.

Farmworker Housing/Employee Housing
The Employee Housing Act requires that housing provided by an employer for up to six employees is considered a residential use, subject to the same standards as single-family residences. Additionally, the Employee Housing Act (Health & Safety Code Section 17021.6) requires that any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a singlefamily or household shall be deemed an agricultural land use. For the purpose of all local ordinances, employee housing shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located.

The City’s Zoning Code permits employee housing for six or fewer employees by-right in the R-A and R-1 zones but not in other zones where single-family housing is permitted, which is not in compliance with Health & Safety Code Section 17021.6. Employee housing is permitted in the A zone for employees that live on the property for no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single-family or household, which is in compliance with Health & Safety Code Section 17021.6.

Single Room Occupancy Units
Single room occupancy units (SROs) are defined as a living or efficiency unit by California Health and Safety Code section 17958.1, intended or designed to be used as a primary residence by not more than two persons for a period of more than 30 consecutive days and having either individual bathrooms and City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

kitchens or shared bathrooms and/or kitchens. The City’s Zoning Code does not define SROs. However, SROs are permitted with a CUP in the C-3 and C-4 zones, as well as the D and MU districts.

Housing for Persons with Disabilities
California Government Code Section 65583 requires local jurisdictions to analyze potential and actual government constraints on the maintenance, improvement, and development of housing for persons with disabilities. This is to ensure that persons with either physical or mental disabilities are provided reasonable accommodation for access to and the enjoyment of all facilities, including housing. Government Code Section 65583(c)(3) also requires housing elements to provide a program to “…address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing for persons with disabilities.”
Definition of Family
Local jurisdictions may restrict access to housing for households that do not meet the jurisdiction’s definition for “family.” A restrictive definition of “family” that limits the number of individuals living together may illegally limit the development and siting of group homes for persons with disabilities, but not for housing families that are similarly sized or situated. The City of Tulare’s definition of family is as follows:
 One individual or several individuals related to the nominal head of the household, living as a single housekeeping unit in a single dwelling unit, but not including persons other than the following:
o Husband or wife of the nominal head of the household
o Son or daughter of the nominal head of the household or of the spouse of the nominal head of the household, and the spouse and dependent children of such son or daughter o Father or mother or grandfather or grandmother of the nominal head of the household, or of the spouse of the nominal head of the household
o Dependent as construed by the United States Internal Revenue Service, brother, or sister of the nominal head of the household or of the spouse of the nominal head of the household, which brother or sister is not living with his or her spouse, and his or her dependent children. o In a non-owner-occupied dwelling unit, apartment or condominium unit, no person shall be a head of the household without first providing written authority from the owner(s) designating such head of the household by name as the owners' agent on the premises. The owners and such designated agent shall be jointly and severally responsible for compliance with the Housing and Zoning Code.
o Federally protected classes of handicapped persons treated as meeting definition of family:

Unrelated persons, who use and occupy a residential dwelling unit as a family who conform to Section 1248.04 and the square footage occupancy requirements for residential dwelling units in Section 1480.08, and who demonstrate they are each and continue to be members of a protected class of handicapped persons under applicable Federal Fair Housing Amendments Act of 1988 [42 USC 3601 et seq.] shall be treated as meeting the definition of "family”.

Reasonable Accommodation Procedures
The federal Fair Housing Act and the California Fair Employment and Housing Act require that cities and counties provide reasonable accommodation where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. Cities and counties must also consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be “reasonable” based on fair housing laws and the case law interpreting the statutes.

Reasonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. These accommodations require that local jurisdictions make modifications or exceptions in their zoning laws and other land-use regulations when accommodations are necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to residents with mobility impairments.

Reasonable accommodation enables developers and providers of housing for people with disabilities a means of requesting from the local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

In Tulare, a request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this Zoning Code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of the City’s regulations, a “person with a disability” is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site. Additionally, reasonable accommodation may be granted in compliance with City regulations without the need for the approval of a variance.

The process for filing for reasonable accommodation is as follows:
 A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of Community Development Department.
 If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, site plan review, etc.), then the applicant shall file an application for concurrent review with the application for discretionary approval.  A request for reasonable accommodation shall be reviewed by the Director of Community Development Department or his/her designee if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
 A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.

The following findings are required to be met to approve the request for reasonable accommodation:
 Whether the housing in the request will be used by a person with a disability protected under the Acts;  Whether the request for reasonable accommodation is reasonable and necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;  Whether the requested reasonable accommodation would not impose an undue financial, administrative or enforcement burden on the city as “undue financial or administrative burden” is defined in the Acts;
 Whether the requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, as “fundamental alteration” is defined in the Acts;
 The requested accommodation complies with all other applicable City Code provisions, zoning regulations, and development standards;
 The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of other; and  Other reasonable accommodations that may provide an equivalent level of benefit.

Building Codes and Enforcement
The City of Tulare adopted the California Building Code, 2022 Edition, which regulates the access and adaptability of buildings to accommodate persons with disabilities. California Building Standards Code and Federal Americans with Disabilities Act (ADA) is assessed and enforced by the Building Division as part of the plan check and building permit issuance process. The City’s Code Enforcement, which is under the Office of Safety, Compliance & Facilities, enforces the local laws of the Municipal Code and investigates violations related to housing, zoning, weed abatement and all codes specifically designed to address blight City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

and nuisances. Most of the code enforcement violations are resolved through an administrative process; others may be resolved through civil or criminal processes. The City enforces Title 24 of the California Code of Regulations, which regulates the access and adaptability of buildings to accommodate persons with disabilities. Compliance with provisions including the California Building Standards Code, is reviewed, and enforced by the Building Division as a part of the building permit submittal.

Tulare permits housing for special needs groups, including for individuals with disabilities, without regard to distances between such uses or the number of uses in any part of the city. The General Plan does not restrict the siting of special needs housing.

Tulare does not impose special permit procedures or requirements that could impede the retrofitting of homes for accessibility. Tulare’s requirements for building permits and inspections are the same as for other residential projects and are straightforward and not burdensome. The City is not aware of any instances in which an applicant experienced delays or rejection of a retrofitting proposal for accessibility to persons with disabilities.

Planning and Development Fees
The City charges various fees and assessments to cover the cost of processing permits and providing certain services and utilities.

The City of Tulare has higher planning application fees than Porterville, another city in Tulare County that is similar in population size. A CUP in Porterville is $1,164 but ranges from $2,536 and $5,133 in Tulare. A Tentative Parcel Map costs $1,500 in Porterville and between $2,639 and $6,613 in Tulare. Higher planning application fees may be a constraint to development.

The City also collects development fees in accordance with California Government Code Section 66000- 66025 to help offset the cost to the City to provide infrastructure and services to new development. These fees are generally assessed on the number of units in a residential development and collected at the beginning of the approval process. The exact fee varies depending on the area of the city, and some areas, designated as “Developed,” are exempt from these fees, including school development fees and an overall discount on the city’s total development impact fees. These designated “Developed” areas include properties that previously contained a house or homes and are in the process of being redeveloped. The fees are adjusted regularly to account for increases in construction costs and the needs of the community.

Development impact fees in Tulare are reasonable in comparison to other jurisdictions in the state and region. According to a 2019 National Impact Fees Survey of 37 jurisdictions in California, the average impact fees across the state are $37,471 per single-family unit and $21,703 per multifamily unit.

Development fees in Tulare are similar to other similarly sized cities in Tulare County. Fees for a singlefamily unit are about $18,677 in Tulare but range from $12,009 to $20,000 in the cities of Exeter, Farmersville, Porterville, and Woodlake. However, fees for multifamily units are higher in Tulare, averaging around $17,781 per multifamily unit, compared to the cities of Exeter, Farmersville, Porterville, and Woodlake, where multifamily fees range from $5,656 to $16,400 per unit.

Permit Types
The City of Tulare provides the full range of services relating to the development of property within its city boundaries and Sphere of Influence. Subdivision maps, parcel maps, CUPs, and building plans are all processed by the City.

Site Plan Review
Site Plan Review is a free service for applicants to determine if development is consistent with the City Municipal Code and mitigates future conflict with the site. Site Plan Review is required for all new development and redevelopment projects. The review process involves the review of various City departments, including Fire, Engineering, Planning, Solid Waste, and Police. City staff review the project and provide comments based on the following requirements:
 It is designed in a manner to avoid traffic congestion;  It is designed in a manner to safeguard the welfare of pedestrians and vehicles; City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

 It is designed in a manner to avoid adverse effect on surrounding property;  It is designed in a manner to support current and adopted Planning Commission and City Council policies:
o Facilities, improvements, and utilities;
o Vehicular ingress, egress, and internal circulation;
o Setbacks;
o Location of service use areas;
o Walls;
o Landscaping;
 That proposed lighting is arranged so as to deflect light away from adjoining properties and will not cause a traffic hazard;
 That proposed equipment which is used in conjunction with the site plan’s intended use is designed to avoid excessive noise at the property line of any adjoining properties.

Conditional Use Permit
 CUPs are reviewed by the Planning Division and then the Planning Commission, which holds a public hearing to decide on approval. Once reviewed, the Planning Division must prepare a report and base their recommendation to the Planning Commission on the following findings:
 That the location of the proposed use is in accordance with the purpose and objectives of this title and the purposes of the district in which the subject site is located;  That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to properties or improvements in the vicinity;  That the proposed use will not have a significant impact on the environment;  That the proposed use will comply with applicable provisions contained in this title;  That the proposed use is consistent with the Tulare General Plan; and  That the site for the proposed use is adequate in size, shape, and location to accommodate the use in the district for which it is proposed.
 Appeals to the Planning Commission’s action can be made to the City Council. The decision and findings are recorded for the CUP and conditions of approval may be imposed for the permit.

Variances
An applicant must request a variance where practical difficulties, unnecessary hardship, and conditions inconsistent with the purpose and objectives of the Zoning Code may result from the strict application of certain provisions of the code. The granting of a variance and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and in other like districts within the city. The Planning Commission may grant a variance from district regulations, including setbacks, lot dimensions, height of structures, lot coverage, parking and loading standards and sign regulations. The power to grant variances shall not extend to district permitted use regulations.

Findings for the variance are as follows:
 The special circumstances applicable to the property, including size, shape, topography, location or surroundings, and that the strict application of this Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical district classifications.  How granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district and denied to the property for which the variance is sought.
 How granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and district in which the property is located.  That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is located.  That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.
 That granting the variance will not be inconsistent with the General Plan.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

General Plan Amendment and Zone Change
Projects that are not consistent with the General Plan or Zoning Code may require approval of a General Plan Amendment or a Zone Change. Approval of these types of proposals is discretionary, subject to CEQA, and requires public hearings before the Planning Commission and City Council. A revise and proceed must be received from the Site Plan Review Committee prior to application submittal. In accordance with state law, applicants are notified within 30 days in writing whether the application has been accepted as being complete and setting a tentative public hearing date.

Permit Procedures and Processing Times
Tulare’s permit process times are generally longer than typical permit processing times for cities in Tulare County. Single-family units have the shortest estimated processing times (3-6 weeks) while subdivisions and planned unit development has the longest (8-12 months). The average length of time from entitlement to building permit is 160 days, or approximately five months, based on a review of projects from the past 18 months.

Table 52: Timelines for Permit Procedures
Type of Approval/Permit Typical Processing Time*
Ministerial Site Plan Approval 2 weeks
Discreationary Site Plan Reviews, Planning
Commission 20-30 days
Conditional Use Permit, Planning Commission 20-30 days
Variance 30-45 days
Subdivision Parcel Map (Tentative), Parcel
Map Committee 30-45 days
Subdivision Parcel Map (Final), City Council 45-60 days Subdivision Tract Map (Tentative), Planning
Commission and City Council 45-60 days
Subdivision Tract Map (Final), City Council 45-60 days
Negative Declaration 45-60 days
Environmental Impact Report 9-12 months
*Typical processing time from date an application is deemed complete and based on working days.

Source: City of Tulare 2023-2031 Housing Element; City of Tulare, 2023.

Building Permits
Building permit review timelines for all projects are as follows depending on complexity and scope of work:
 First review: 20 to 30 working days
 Second review: 10 to 20 working days
 Third review: 10 to 15 working days
 Fourth review: 5 to 10 working days
 Fifth review: 1 to 5 working days
State Streamlining
Under the 5th cycle Housing Element reporting period (2015-2023), the City of Tulare has made insufficient progress toward its Lower income RHNA and is subject to SB 35 streamlining provisions for projects that include at least 50 percent affordability. SB 35 requires that eligible projects be reviewed for compliance and consistency with the City’s objective standards and are not subject to discretionary processes, such as CEQA environmental review and public hearings. Eligible projects with 150 units or fewer must be approved within 90 days and projects with more than 150 units must be approved within 180 days.

No projects have been approved through SB 35 ministerial approval. The City has not adopted procedures for processing SB 35 applications and has not created a checklist for SB 35 applications. In addition, AB City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

1397 requires that 5th cycle opportunity sites re-used in the 6th cycle and identified to accommodate lower income units (very low-income and low-income) be subject to by-right approval if projects include 20 percent affordable units for lower income households on-site.

Short-Term Housing Rentals
Tulare does not currently have a short-term housing rental program that regulates short-term vacation rentals in the jurisdiction. As of July 2023, there were 87 active VRBO and Airbnb rentals in the city. There were 64 listings that rented the entire house and 23 listings that rented a private room within a housing unit.

Short-term rentals are found throughout the city with a concentration of 20 rentals in the northwest portion of the city near Tulare Avenue and SR-99.

Code Enforcement
The City of Tulare adopted the California Building Code, 2022 Edition. The City’s Code Enforcement enforces the local laws of the Municipal Code and investigates violations related to housing, zoning, weed abatement and all codes specifically designed to address blight and nuisances. Investigation of violations is complaint-based. Most of the code enforcement violations are resolved through an administrative process; others may be resolved through civil or criminal processes. The City enforces Title 24 of the California Code of Regulations, which regulates the access and adaptability of buildings to accommodate persons with disabilities. Compliance with provisions including the California Building Standards Code, is reviewed, and enforced by the Building Division as a part of the building permit submittal.

The City has the power to inspect and declare unsafe any structure or piece of equipment, be it existing or under construction, that does not meet specific Municipal Code standards. These include, but are not limited to, structures with insufficient modes of egress; structures that are unsafe or that have been made structurally unsound due to fire, earthquake, or other natural disaster; buildings that are deemed a public nuisance; and buildings that have been constructed or maintained in violation of local or state law.

The enforcement of building codes in the city is centered on the inspection of new construction and remodels or renovations requiring building permits. However, for existing structures, City staff prioritize code enforcement complaints according to the severity of the violation on the community and individuals.

Situations that appear to pose a serious risk to health and safety are given top priority; others are pursued in the order in which they are received, as resources are available.

If a violation is found upon inspection, a notice is issued, posted, or mailed and the owner of the property is typically given 10 days to comply if it is a matter involving risks to health and safety, otherwise 30 days for a less urgent matter. If a Notice of Violation hearing is requested during the enforcement process, all enforcement stops until the hearing is conducted. If the violation continues to exist, an administrative citation is issued, and the owner has 15 days to comply. If the violation has not been remedied, the City will request an inspection warrant from a judge, and the violation will be abated by City contractor. An invoice will be processed, and a lien will be placed on the property.

Laws Governing Lending
Community Reinvestment Act
The Community Reinvestment Act (CRA), established in 1977, mandates that federal banking regulators, including the Federal Reserve, promote the involvement of financial institutions in meeting the credit needs of their communities, particularly those in low- and moderate-income (LMI) neighborhoods. This legislation aims to ensure that banks engage in activities that benefit these underserved areas, such as providing loans for housing, small businesses, and community development projects.

Banking Regulators for the CRA
Three federal banking agencies oversee compliance with the CRA: the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC).

Each of these agencies is responsible for regulating and examining banks to evaluate their adherence to City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

CRA requirements. Banks subject to the CRA are evaluated based on their lending, investment, and service activities within the communities they serve.

The CRA fosters economic development and addresses disparities in access to financial services among different socioeconomic groups. By encouraging banks to lend responsibly and invest in community development projects, the CRA helps promote stability and growth in LMI neighborhoods. The dedicated CRA sites maintained by each regulatory agency provide transparency by publishing banks' CRA ratings and Performance Evaluations, allowing stakeholders to assess banks' commitments to community reinvestment.

Overall, the CRA plays a pivotal role in promoting fair and equitable access to credit and financial services, thereby contributing to the economic well-being and vitality of underserved communities across the United States. It underscores the financial sector's responsibility to support inclusive economic growth and mitigate economic disparities through targeted investment and lending practices.

Federal Reserve’s Role
The Federal Reserve oversees state member banks, which are state-chartered banks that have chosen to join the Federal Reserve System, to ensure their compliance with the Community Reinvestment Act (CRA).

This involves conducting regular examinations of these banks to assess how well they are meeting their obligations under the CRA. The evaluations conducted by the Federal Reserve focus on the banks' efforts to lend to and invest in low- and moderate-income communities, as well as their provision of banking services in these areas. These evaluations influence the Federal Reserve's decisions on various applications submitted by banks, such as requests for mergers, acquisitions, and new branch openings.

The CRA performance of state member banks is considered alongside other regulatory information to determine the impact of these banking activities on community development and economic growth.

Additionally, the Federal Reserve plays an educational role by sharing effective community development practices with bankers and the public, aiming to enhance understanding and implementation of CRA requirements across the banking sector.

This oversight by the Federal Reserve is pivotal in ensuring that state member banks fulfill their responsibilities under the CRA, thereby promoting equitable access to financial services and supporting economic development in underserved communities. By integrating CRA evaluations into broader regulatory assessments, the Federal Reserve enhances the transparency and accountability of banking practices. The sharing of community development strategies further encourages banks to adopt proactive approaches to meet the credit needs of diverse communities. Ultimately, the Federal Reserve's supervision under the CRA not only safeguards the integrity of the banking system but also contributes to fostering inclusive economic growth and reducing disparities in financial access across regions and demographic groups.

Non-Governmental Constraints
The availability of housing is affected by a complex set of interrelated market factors, including but limited to, cost of land, cost of construction, and availability of financing. These factors contribute to determining a new home’s sale price or the rents required to make a project feasible. Non-governmental constraints include factors outside of direct governmental control that directly impact housing prices. The cost of construction and the availability of financing contribute to the cost of housing and can hinder the production of affordable housing. The following analysis accounts for these non-governmental constraints.

Land Costs
The cost of land can impede the production of affordable housing. Land costs are influenced by many variables, including land scarcity and developable density (both of which are indirectly controlled through governmental land use regulations), location, site constraints, and the availability of public utilities.

The average price per acre for land listed for sale throughout Tulare in June 2023 for all lots was $170,643.

The average price per acre was significantly higher for smaller lots, most of which are in non-agricultural City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

zones. The price per acre for larger lots averages $71,571. Most of these larger properties are in agricultural zones.

The average price per acre for land sold in 2022 for all plots was $148,449. The average sales price per acre for larger lots was $33,492, which was lower than the total average per acre price for all sales. Most of these larger properties are in agricultural zones.

Construction Costs
Construction costs can be broken down into two primary categories: materials and labor. A major component of the cost of housing is the cost of building materials, including wood and wood-based products, cement, asphalt, roofing materials, and pipe. The availability and demand for such materials affect prices for these goods.

Another major cost component of new housing is labor. The cost of labor in Tulare County is comparatively low because the area’s cost of living is relatively low compared to other areas in California. However, labor for government subsidized housing work is additionally costly for the Central Valley, as wages are rooted in the required State Labor Standards based on higher northern and southern California prevailing wages.

In Tulare County, the estimated cost of constructing a basic 2,000 square foot single-family home is around $337,540. The estimate includes direct and indirect (e.g., insurance, permits, utilities, plans) construction costs, including material, labor, and equipment costs, but does not include the price of land or development impact fees.

There is little that municipalities can do to mitigate the impacts of high construction costs except by avoiding local amendments to uniform building codes that unnecessarily increase construction costs without significantly adding to health, safety, or construction quality. The City of Tulare has not adopted any local amendments to uniform building codes. Because construction costs are similar across jurisdictions in Tulare County, the cost of construction is not considered a major constraint to housing production.

Availability of Financing
Mortgage interest rates have a large influence over housing affordability. Higher interest rates increase a homebuyer’s monthly payment and decrease the range of housing that a household can afford. Lower interest rates result in a lower cost and lower monthly payments for the homebuyer.

When interest rates rise, the market typically compensates by decreasing housing prices. Similarly, when interest rates decrease, housing prices begin to rise. There is often a lag in the market, causing housing prices to remain high when interest rates rise until the market catches up. Lower-income households often find it most difficult to purchase a home during this period.

Where financing is available, construction capital seems to be directed at those with large, established, and well-capitalized sponsors. Given recent trends of increasing interest rates, the availability of financing is likely to be more of a constraint on new housing construction during the 2023-2031 Housing Element planning period than it has been in the recent past.

Market-Rate Development Financing
As discussed in Land Costs and Construction Costs, above, market-rate development is generally financed by investors, and the cost to build a project must be recovered by revenue from sales or rents, which drives up the ultimate rent or sales prices of new housing as the component costs increase. A market in which housing supply is limited and demand is high can support higher housing prices, but lower-income segments of the community are priced out. Therefore, it is difficult for the private sector, for-profit developers, and market-rate housing to meet the housing needs of all community members.

Construction Financing Timing
The timing between project approval and requests for building permits affects project viability. Project delays may result from developers’ inability to secure financing for construction. In Tulare, the average time between project approval and request for building permit is typically three to nine months but varies by type of project. Some projects take years to pull building permits and secure financing. Single-family homes City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

usually experience the least delay (three to nine months). Multifamily housing construction tends to be more complex and usually requires more time between entitlement and building permit issuance (six to nine months), on projects where planning entitlement is required.

Real Estate Sales Practices
In California, the Department of Real Estate (DRE) licenses both real estate brokers and salespersons to conduct real estate sales. The DRE also enforces California's real estate laws. Any instance of discrimination or fair housing violation involving a real estate professional should be reported to the State Department of Fair Employment and Housing (DFEH) or the Fair Housing Council of Central California.

Assembly Bill 345, signed into law in July 2015 by the Governor, introduced amendments to Section 10170.5 of the California Business and Professions Code, which became effective on January 1, 2016.

These amendments mandate specific continuing education requirements for broker licensees. Upon their first renewal as a broker, licensees must complete a three-hour course focusing on the management of real estate offices and supervision of real estate activities. Subsequent renewals for salesperson and broker licensees require completion of an eight-hour survey course covering topics such as ethics, agency, trust fund handling, fair housing, risk management, and management and supervision. The amendments introduced by Assembly Bill 345 reflect the state's commitment to ensuring that licensed real estate professionals are well-versed in ethical practices, legal compliance, and effective management of real estate transactions. The ongoing education mandated by Assembly Bill 345 helps to ensure that brokers are not only compliant with current laws but also proactive in fostering an inclusive and fair housing market.

This regulatory approach reinforces the broader goals of fair housing policies, contributing to the elimination of discriminatory practices and the advancement of equal housing opportunities for all.

Nearly all California real estate brokers and salespersons are affiliated with a trade association, which provides a structured framework for professional development and ethical conduct. The two predominant associations are the California Association of Realtors (CAR), affiliated with the National Association of Realtors (NAR), and the California Association of Real Estate Brokers (CAREB), affiliated with the National Association of Real Estate Brokers (NAREB). CAR offers comprehensive online courses as part of its license renewal program, focusing on fair housing laws at both federal and state levels. These courses educate real estate professionals about the history, current laws, and best practices in fair housing, emphasizing non-discriminatory practices and the importance of promoting fair housing principles in California and nationwide. These associations play a pivotal role in regulating member conduct and promoting fair housing practices, including those set forth by the NAR, which has a strict Code of Ethics prohibiting discrimination based on various protected categories.

The NAR maintains a professional code of conduct explicitly prohibiting unequal treatment in professional services or employment practices based on race, color, religion, sex, disability, familial status, or national origin (Article 10, NAR Code of Ethics). This code also prevents members from establishing or promoting deed restrictions or covenants based on race and forbids realtors from participating in any agreement or plan that discriminates against individuals based on the protected characteristics. By forbidding unequal treatment in professional services and employment practices, the NAR code plays a vital role in eliminating systemic barriers to fair housing. This is particularly important in addressing historical and ongoing discrimination that affects access to housing for marginalized groups. Article 10 not only imposes obligations on realtors but also underscores the association's strong support for equal housing opportunities.

If a realtor suspects discrimination, they are directed to contact their local board of realtors. These local boards or associations are responsible for accepting complaints from home seekers who allege discriminatory treatment in housing availability, purchase, or rental. Local boards of realtors have the duty to enforce the Code of Ethics. They do this through established professional standards, procedures, and corrective actions when a violation of the Code is substantiated. The significance of this Code of Ethics is multifaceted. It ensures that realtors adhere to high ethical standards, fostering a fair and equitable housing market. By explicitly prohibiting discrimination, the Code of Ethics promotes inclusivity and equal opportunity, essential principles in maintaining public trust and confidence in the real estate profession.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Additionally, the enforcement mechanisms provided by local boards ensure accountability and uphold the integrity of the profession. This framework not only protects consumers but also reinforces the professional credibility of realtors, distinguishing them as advocates for fair housing practices. The local boards' role in enforcing the Code of Ethics through professional standards and corrective actions ensures that ethical breaches are addressed promptly and effectively.

The City of Tulare is served by the Tulare County Association of Realtors. The Tulare County Association of Realtors holds local real estate members to the professional code of ethics. Beyond the local board, real estate professionals are also held to a strict code of ethics mandated by the National Association of Realtors. Local boards of realtors, such as the Tulare County Association of Realtors (TCAOR), enforce these ethical standards and handle complaints related to fair housing and ethics violations. TCAOR not only provides essential services like Multiple Listing Service (MLS) access and educational programs but also ensures that its members comply with both state laws and the NAR Code of Ethics. The association processes complaints internally and, when necessary, reports them to appropriate authorities such as the District Attorney’s office and the California Department of Real Estate.

The National Association of Real Estate Brokers (NAREB) mandates its members to adhere to a rigorous code of ethics that strictly prohibits discrimination. According to Part I, Section 2 of the NAREB Code of Ethics, members are expressly forbidden from discriminating against individuals based on race, color, religion, sex, national origin, disability, familial status, or sexual orientation. This prohibition extends across several areas including the sale or rental of real estate, advertising related to the sale or rental of real estate, financing associated with real estate, and the provision of professional real estate services. Prohibiting discrimination in advertising ensures that marketing practices do not perpetuate stereotypes or exclusionary tactics, which can subtly influence public perceptions and access to housing. This measure is significant in promoting transparency and fairness in how housing opportunities are presented to the public. The clause against discrimination in financing is also important, as access to financial resources is a major determinant of one's ability to purchase or rent property. By mandating nondiscriminatory practices in financing, NAREB aims to dismantle financial barriers that disproportionately affect minority groups, fostering a more inclusive housing market.

Rental and Property Management
The California Apartment Association (CAA), established in 1941, is the largest statewide trade organization in the United States for rental property owners and managers. It advocates for over 1.5 million rental units managed by its members across California. CAA is committed to upholding local, state, and federal fair housing laws, ensuring equal housing opportunities irrespective of race, color, religion, sex, marital status, disability, age, familial status, sexual orientation, or national origin. Members of CAA adhere to a Code for Equal Housing Opportunity, which mandates the following:
• In rental, lease, sale, purchase, or exchange of real estate, owners and their employees must offer housing accommodations to everyone equally.
• Members must establish and enforce fair and reasonable rental housing rules and guidelines, ensuring consistent services throughout a resident's tenancy. • Members must refrain from disclosing information about the racial, creed, or ethnic composition of neighborhoods and must avoid any behavior or actions that could lead to steering. • Members must not print, display, or circulate any statements or advertisements indicating preferences, limitations, or discrimination in housing rental or sales.

The principle of non-discrimination in providing housing accommodations is fundamental to creating inclusive communities. By actively ensuring that housing providers treat all applicants fairly and equally, regardless of race, ethnicity, religion, or other protected characteristics, we lay the groundwork for diverse neighborhoods. Prohibiting the sharing of neighborhood demographic information and preventing the practice of steering are crucial measures for avoiding subtle forms of discrimination and segregation.

Sharing demographic information can reinforce stereotypes and biases, leading to discriminatory practices, even if unintentionally. Additionally, banning discriminatory advertisements is essential to maintaining an City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

unbiased housing market, ensuring that all prospective renters or buyers feel equally welcome.

Advertisements that explicitly or implicitly discourage certain groups from applying for housing reinforce societal biases and create barriers to equal opportunity.

Additionally, CAA provides a Certificate in Residential Management, which includes training on fair housing law. The association's website also offers resources through links to the Fair Housing Institute and Fair Housing Network. This emphasis on education ensures that members are well-informed and equipped to implement fair housing practices effectively.

Lending Findings The availability of financing affects the ability of residents to purchase or improve a home. Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications and the income, gender, and race of loan applicants. The primary purpose of reviewing the lending activity is to determine whether home financing is available to city residents. The data presented in this section includes the disposition of loan applications submitted to financial institutions for home mortgages, home improvement, and refinance loans.

HMDA data provides information regarding home financing availability for city residents. From 2019-2023, there were 162,809 home loan applications in the Visalia MSA. An analysis by race and ethnicity revealed a potential for discrimination or a lack of awareness among certain populations. While Non-Hispanic applicants comprised a slightly larger share of loan applicants versus their population share (38.4% vs.

33.9%), Hispanic applicants comprised a disproportionately lower share of loan applicants versus their population share (42.7% vs. 66.1%). On a race basis, data shows that White applicants were disproportionately overrepresented in the pool of loan applicants versus their population share (66.2% vs.

42.6%). Though race was not available in the HMDA data for a large percentage of applications, it nevertheless appears that applicants of two or more races are disproportionately underrepresented in the applicant pool (0.1% of loan applicant pool vs. 50.6% of the population).

The overrepresentation of Non-Hispanic and White loan applicants could point to a greater ease of access or awareness of the loan application process among these groups. Hispanic applicants and applicants of two or more races could be targeted for lending-related interventions based on this data, but this also could be due to the differences the way race is reported in loan applications and the Census.

Table 53: Demographics of Loan Applicants vs. Total Population (2019-2023) Visalia MSA Race Percent of Applicant Loan
Pool
Percent of Total
Population
White 66.2% 42.6%
Black 1.2% 1.5%
Asian 3.9% 3.5%
American Indian or Alaska Native 1.1% 0.2%
Native Hawaiian or Other Pacific Islander 0.3% 1.5%
Two or More Races
(Some other Race Alone) 0.1% 50.6%
Race Not Available 27.2% N/A
Hispanic 42.7% 66.1%
Non-Hispanic 38.4% 33.9%
Ethnicity Not Available 18.9% N/A
Note: Joint and Free Form Text Only categories not included in HMDA data shown Note: Some other race alone is a category in the Census and not in HMDA City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Source: Consumer Financial Protection Bureau, FFIEC Home Mortgage Disclosure Act (HMDA), Aggregate Reports, Visalia MSA; 2019-2023, 2023 5-Year ACS

When looking at loan origination and denial data by racial and ethnic groups, White applicants emerge as the group with the lowest denial rates, at 13.3%. The racial groups with the highest denial rates are Native Hawaiian/Other Pacific Islander (26.9%), Two or More Races (26.1%), and American Indian or Alaska Native (25.8%). Black and Asian groups had denial rates in a middle range, at 21.8% and 18.1%, respectively. Hispanic applicants had slightly higher denial rates than Non-Hispanic applicants (17.0% vs.

13.2%). Loan origination rates were highest for White and Asian applicants, at 63.2% and 55.6%, respectively. Lower origination rates were seen for Native Hawaiian/Other Pacific Islander (46.2%), Two or More Races (46.7%), American Indian or Alaska Native (46.9%), and Black (49.7%) applicants. This data suggests that the groups with higher loan denial rates and lower loan origination rates may be experiencing discrimination or a lack of knowledge to support their success in the loan application process.

Table 54: Lending Patterns by Race/Ethnicity – Visalia MSA (2019-2023) Race Number of Applications Percent Originated Percent Denied White 54,567 63.2% 13.3%
Black 986 49.7% 21.8%
Asian 3,234 55.6% 18.1%
American Indian or
Alaska Native 930 46.9% 25.8%
Native Hawaiian or
Other Pacific Islander 234 46.2% 26.9%
Two or More Races 92 46.7% 26.1%
Race Not Available 22,394 52.0% 20.2%
Hispanic 34,299 58.4% 17.0%
Non-Hispanic 30,876 62.8% 13.2%
Ethnicity Not Available 15,197 54.6% 17.6%
Note: Joint and Free Form Text Only categories not included Source: Consumer Financial Protection Bureau, FFIEC Home Mortgage Disclosure Act, Aggregate Reports, Visalia MSA 2019-2023

Additional HMDA data breaks down loan origination and denial rates by race/ethnicity and income bracket.

White applicants experienced the highest loan origination rates in every income bracket. In the low- and middle-income brackets, Black and American Indian/Alaska Native applicants experienced the lowest loan origination rates, suggesting the potential for discrimination or information gaps for these particular racial groups in the low- to moderate-income population. Two racial groups – Black and Native Hawaiian/Pacific Islander – see origination rates drop as their income climbs, a counterintuitive finding. Asian applicants have the highest loan denial rates in the low-income category, at 52.17%, as well as the lowest loan origination rates 21.74%. Hispanic and Non-Hispanic groups see roughly similar loan origination and denial rates across income brackets, but Hispanic applicants consistently have slightly lower loan origination rates and higher loan denial rates compared to Non-Hispanic groups.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Table 55: Lending Patterns by Race/Ethnicity and Income – Visalia MSA (2019-2023) Income Number of
Applications Percent Originated Percent Denied
White
Low (0-49%AMI) 2,897 40.01% 31.48%
Moderate (50-79% AMI) 6,634 55.98% 18.22%
Middle (80-119% AMI) 12,832 63.15% 12.47%
Upper (>120% AMI) 32,204 66.88% 10.95%
Black
Low (0-49%AMI) 73 24.66% 35.62%
Moderate (50-79% AMI) 96 37.50% 35.42%
Middle (80-119% AMI) 231 54.98% 22.94%
Upper (>120% AMI) 586 52.73% 17.41%
Asian
Low (0-49%AMI) 161 21.74% 52.17%
Moderate (50-79% AMI) 301 46.84% 24.25%
Middle (80-119% AMI) 608 56.74% 22.04%
Upper (>120% AMI) 2,164 59.06% 13.54%
American Indian/Alaska Native
Low (0-49%AMI) 68 26.47% 48.53%
Moderate (50-79% AMI) 141 34.75% 31.91%
Middle (80-119% AMI) 221 44.34% 26.24%
Upper (>120% AMI) 500 54.20% 20.80%
Native Hawaiian/Pacific Islander
Low (0-49%AMI) 22 31.82% 40.91%
Moderate (50-79% AMI) 20 50.00% 30.00%
Middle (80-119% AMI) 72 40.28% 37.50%
Upper (>120% AMI) 120 51.67% 17.50%
Hispanic
Low (0-49%AMI) 2,024 35.42% 37.75%
Moderate (50-79% AMI) 5,547 53.09% 21.58%
Middle (80-119% AMI) 9,810 60.30% 15.09%
Upper (>120% AMI) 16,918 61.73% 14.14%
Non-Hispanic
Low (0-49%AMI) 1,569 38.11% 31.36%
Moderate (50-79% AMI) 2,756 52.21% 20.14%
Middle (80-119% AMI) 5,733 60.60% 14.20%
Upper (>120% AMI) 20,818 66.73% 10.60%
Source: Consumer Financial Protection Bureau, FFIEC Home Mortgage Disclosure Act, Aggregate Reports, Visalia MSA 2019- 2023
City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Community Engagement
Marketing Efforts
The City of Tulare (City) used multiple modes for obtaining input from community residents and stakeholders to develop the 2025/26-2029/30 Analysis of Impediments to Fair Housing Choice (AI). These included two online surveys – one for residents and one for agencies/organizations – covering fair housing issues, one agency/organization focus group to gather more details from agencies and organizations to inform survey responses, and two community meetings to provide information to residents about the AI and solicit their feedback. The City also consulted with state and regional agencies and local service providers. Meeting information is noted below:
• AI/Consolidated Plan 101 Info Session
o City of Tulare Public Library (Council Chambers); 491 North M Street, Tulare, CA 93274 o Tuesday, December 17, 2024 @ 7PM
• Fair Housing Input Public Hearing
o City of Tulare Public Library (Charter Mtg. Room); 491 North M Street, Tulare, CA 93274 o Wednesday, January 8, 2025 @ 5PM
o Virtual option via Microsoft Teams
• AI Agency/Organization Focus Group
o Virtual attendance via Microsoft Teams
o Wednesday, January 22, 2025 @ 2PM
Marketing efforts for the surveys, focus groups, and community meetings took various forms. Both English and Spanish flyers were created to advertise the surveys; the flyers were physically posted in government buildings, included in utility bills due during the month of February 2025 to roughly 20,000 households, and distributed to three organization listservs on December 19, 2024 and January 13, 2025 – the Tulare Chamber of Commerce listserv (over 1,000 stakeholders), the Kings/Tulare Homeless Alliance (KTHA) listserv (over 300 stakeholders), and the Community Care Coalition listserv (managed by the Tulare County Health and Human Services Agency). English and Spanish flyers were also created to advertise the community meetings. A social media posting on the City of Tulare’s Instagram page on January 7, 2025 advertised the resident survey to the public. English and Spanish resident surveys were available at the City of Tulare Public Library.

Outreach to agencies and organizations centered around two organization email blasts, sent on December 20, 2024, and January 13, 2025. These email blasts encouraged organizations to register for the focus group and submit a survey response.

Additional outreach included personalized email messages from the City Manager and Assistant City Manager to an agency and organization list encouraging participation in AI development efforts, as well as personal outreach from council members to constituents.

By ensuring broad participation and collecting diverse perspectives, the City aimed to identify and address the systemic barriers to fair housing, ultimately fostering a more equitable and inclusive community.

Diversity and Access Efforts
Every aspect of the outreach strategy was designed to enhance engagement and inclusivity. By utilizing multiple communication channels, we aimed to reach as many residents as possible. The collaboration with community organizations was instrumental in reaching underrepresented and marginalized populations who may not typically participate in such initiatives, thereby ensuring their perspectives were included.

Additionally, to accommodate linguistic diversity and improve accessibility, surveys were made available in both English and Spanish to encourage broader participation for comprehensive insights across diverse community segments. Moreover, the decision to provide paper surveys alongside online options underscored our commitment to accessibility, acknowledging the digital divide and ensuring equitable participation.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Organization Focus Group
Agency/Organization Focus Group, January 2025
Housing providers, health and social services organizations, fair housing organizations, developers, emergency management organizations, and organizations representing protected classes in the community were invited to attend a virtual focus group on Wednesday, January 22, 2025. Baker Tilly was provided with a list of agency/organization invitees from an email group maintained by the City of Tulare; the City of Tulare also provided three community listservs to which email blasts were sent for broad reach. Agencies and organizations were encouraged to forward the participation opportunity to their colleagues and peers.

The organizations listed below participated in the focus group:
• Habitat for Humanity
• Adventist Health
• Leadership Counsel for Justice & Accountability
During the focus group session, consultants from Baker Tilly delivered an overview presentation on the AI and reviewed additional community participation opportunities. Following the presentation, attendees engaged in a roundtable discussion on topics related to possible impediments to fair housing throughout the City.

The participants were asked the following prompt questions:

1. Have the populations you serve experienced barriers to accessing fair housing?

2. Are you aware of instances of housing discrimination impacting the populations you serve?

3. What is working well with housing in Tulare? What is not?

4. What housing issues are most pressing for your organization? Focus Group Analysis
Focus group members cited a number of potential fair housing-related issues in the City.

In addition to general affordability issues impacting low-income populations, it was noted that lower-income populations and Latino populations are concentrated on the west and southwest side of the City, presenting barriers to their access to health services, which are largely concentrated on the east side of the City. One organization suggested that zoning laws should be examined to begin reducing the racial and ethnic concentration of low-income populations in these areas.

Another organization cited an issue with the siting of housing near other land uses like industrial or commercial, which creates air contamination issues leading to health risks and lowering property values.

The organization also stated that community resources and opportunities are generally located in other areas of the City.

Multiple participants noted economic development happening in the eastern part of the City and expressed the possibility of more residential development being sited in the area to increase resident access to this opportunity. One organization cited Santa Fe Commons, a 120-unit low-income apartment complex with a mix of 1-3 bedroom units on the west side of the city with some units reserved for individuals coming out of homelessness, as a successful example of new multifamily housing development that could be used as a model.

Participants had not observed instances of housing discrimination or complaints, or a lack of safety in certain areas of the City, noting that residents usually have noise complaints if any.

City Staff Feedback
Feedback on fair housing issues was received from the Housing and Grants Manager at the City of Tulare.

Staff confirmed that predominantly Latino low- and moderate-income households were concentrated on the west and southwest areas of the city, noting that older neighborhoods stretching along Highway 99 are also predominantly low- and moderate-income households. It was also noted that the housing stock in the City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

southwest part of the city is dated, and new housing construction is unlikely to be seen in older parts of the city.

The development of multifamily housing stock in the city was noted to be minimal, with most developments falling into an urban sprawl model. Within the past five years, there have been three multifamily developments delivering only about 150 new units, creating supply constraints. Staff noted a potential preference for more mixed-use and infill development in the city, with the recent zoning ordinance update promoting growth and infill development. Most of the current multifamily housing stock is in the eastern part of town. Staff noted that one recent multifamily development, Santa Fe Commons, reserved 12 units for farmworker households but found it difficult to lease these units given most farmworker households live in smaller jurisdictions in Tulare County or in unincorporated areas of the county.

Public transportation in the city is primarily via bus managed by the Tulare County Regional Transit Agency.

There is interest in adding bike infrastructure and creating a dial-a-ride service for automobile transportation for city residents at a fee. City staff has advocated for such a service to be language-, income-, and abilityaccessible. The city also has a transportation hub downtown to support additional connectivity.

In terms of development and major employers, staff noted that Adventist Health is located in the northern part of the city, and school offices are located in the central/western area. An outlet mall as well as additional sales and retail is located in the northwest. Much industrial and commercial development is occurring in the south. All of these areas are served by public transportation, though staff noted proximity may not facilitate high levels of accessibility in all instances.

Staff noted a lack of awareness of fair housing policies, particularly tenants’ rights, in the City which was highlighted in the City’s 2020-2024 AI. The City receives multiple calls each month regarding rent increases or poor maintenance of rental homes, but the City is restricted in what its building code allows it to do in terms of enforcement.

Staff has seen a trend over the past five years of rent-burdened households particularly among the 50% AMI and lower group. There has been a high demand for tenant-based rental assistance and first-time homebuyer assistance programs. The city also has an aging housing stock, making preservations efforts of interest, particularly for seniors. The city sees a regular demand for programs financing minor and substantial rehabs.

The city has also seen an ongoing interest in financial literacy skills and noted a need to partner with local organizations like the Community Housing Council, CSET, and Central California Legal Services in coming years to address barriers and lacking awareness among the community.

Community Public Meetings
Community Residents Public Meetings, January 2025
Community residents were invited to participate in two public meetings on Tuesday, December 17, 2024, and Wednesday, January 8, 2025. These meetings were advertised through flyers and social media with detailed information on how to join the public meetings. The first meeting was intended to be an educational session only for both the City of Tulare’s council members and community residents, and no public comment was sought. Baker Tilly delivered an overview presentation covering the AI as well as additional opportunities for community participation, and the second session also included a roundtable discussion section for residents to share their experiences and insights regarding potential impediments to fair housing throughout the City.

The following discussion prompts were used at the second meeting:

1. How have you found housing?

2. Have you experienced barriers to accessing housing?

3. What is working well with housing in Tulare? What is not?

4. What housing issues are most pressing for you, your family, your community, and the state?

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Public Meeting Analysis
No attendees were present at the public meeting; no responses were recorded.

Community Organization and Resident Surveys
The Community Organizations Survey and Community Residents Survey were used to gather feedback and information from agencies, organizations, and community residents in Tulare for the 2025/26-2029/30 Analysis of Impediments and Consolidated Plan. Both surveys were open for responses from December 20, 2024, to February 17, 2025. One organization responded to the agency/organization survey, and 44 residents responded to the resident survey.

Community Organization Survey Results
Due to the receipt of only one response on the organization survey (from a healthcare organization), the results will be presented in summary to acknowledge the difficulty of drawing reliable conclusions or making representative statements of all Tulare organizations. However, the organization survey response generally reflected many of the trends seen in the resident survey, whose results are elaborated in more detail in the following section.

Fair Housing Basics
The responding organization obtained fair housing information from flyers, public service announcements, social media, and the Internet. Current fair housing laws, programs, and enforcement mechanisms were viewed as moderately effective, with fair housing viewed as an extremely serious issue in the City. The organization did perceive certain areas of the City to be undesirable but did not specify which areas, and the organization believed community attitudes toward affordable housing were fair.

A lack of affordable integrated housing for those who need supportive services was ranked as the top factor affecting the availability of fair housing.

Discrimination
The responding organization believed housing discrimination occurs in the rental application process and during negotiations. The organization had not witnessed lending discrimination.

Geographic Disparities
The organization respondent did not believe there were areas in the City where protected class groups experienced significant disparities in access to community assets or that there was a disproportionate need in underserved communities for place-based community/economic development.

Individuals with Disabilities
The factors seen as hindering individuals with disabilities access to opportunity and community assets in the city were seen as: accessible and affordable housing, accessible public infrastructure, employment, and community-based supportive services.

Protected Class Disparities
The organization respondent called out race, familial status, and color as being the protected classes experiencing disproportionate housing instability. The organization respondent also believed that protected class groups faced disparities in access to livable-wage jobs and fair and affordable credit.

Community Residents Survey Results
The Community Residents Survey gathered feedback from residents across the city to support the City’s efforts in understanding potential impediments to fair housing and identifying solutions. The survey included six sections of questions. The first four sections collected demographic information such as housing situation, education and employment, disability and language, age, race, and income. The last two sections focused on fair housing awareness and perception, as well as discrimination and housing challenges, and form the basis of the following analysis to identify potential impediments within the city.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Survey results show that affordability remains a top concern in the city. There also appear to be potential impediments related to a lack of transportation options and a lack of accessibility in transportation infrastructure, geographic concentrations of racial or ethnic groups/low-income groups in certain areas of the City, and perceptions of discrimination that seem to occur largely in rental transactions and are often perceived to be due to source of income discrimination. Respondents note a lack of access to jobs and childcare and a need for accessibility for disabled individuals as barriers to fair housing. Survey results also indicate that a lack of awareness of fair housing laws and resources persists in the city.

Demographics
Respondents represent an even mix of ages. Roughly half earn $107,400 or more, with an even mix of respondents across lower income brackets. About half of respondents have a household size of 2, and nearly two-thirds are White, with most of the remaining respondents selecting “Other” or choosing not to respond. About two-thirds of respondents are non-Hispanic. Over half of respondents live in Council Districts 4 or 5, with the fewest respondents from Districts 2 and 3. About 86% are homeowners and the remainder are renters. Over half of respondents have a bachelor’s degree or higher, and 73% are employed, with 61% living in a dual-income household. Individuals with disabilities comprise 18% of respondents. Five respondents speak Spanish as their main language at home.

Fair Housing Awareness and Perception
The majority of respondents have an average level of understanding of fair housing laws.

Figure 2: What is your current level of understanding of fair housing laws? The majority of respondents believe that housing discrimination occurs sometimes to very often in the city, indicating an environment where discriminatory practices may seem commonplace. Respondents are equally likely to identify racism, lack of knowledge, fear, or bias as the reasons for this discrimination.

Source of income, criminal history, and race are the most commonly identified bases for housing discrimination by respondents.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Figure 3: Which factors do you believe are the most common bases for housing discrimination? The figure below shows respondents’ ranking of the factors of greatest concern related to fair housing. As seen in other community feedback, housing affordability remains the top concern in the city, placing a particular burden on low-income households.

Figure 4: Rank the factors of greatest concern to you related to fair housing in the City.

About two-thirds of respondents indicate a lack of familiarity with fair housing organizations and services within the city, highlighting a need for better information dissemination and a gap in public awareness.

Residents indicate that fair housing materials should be provided in Spanish (35 respondents), Laotian (12 respondents), and Arabic (10 respondents), with other language needs identified by a smaller number of respondents. Most respondents (29) have not interacted with fair housing agencies, but those who have interacted with the agencies generally express dissatisfaction with their interactions, with about 73% reporting that their complaints were not adequately addressed.

Respondents identify several additional societal factors impacting fair housing, with lack of job opportunities, job training, affordable childcare and understanding of rights being top concerns.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Figure 5: What other societal factors impact fair housing issues in the City? Discrimination and Housing Challenges
The majority of respondents report that they have not experienced housing discrimination (86%). Of those who believe they have experienced housing discrimination, source of income is the most identified basis, and the real estate profession, rental property managers, and owners are identified as the persons/organizations discriminating. A fewer number of respondents believe color, disability, family status, or national origin was the basis for the discrimination they experienced. No respondents report having been denied a home mortgage loan or having difficulty obtaining homeowner’s insurance because of their protected class.

Denial of rental/home purchase applications that respondents have experienced are believed to be due to various reasons, shown in the graphic below.

Figure 6: If you have previously been denied after filing an application to rent or buy housing, what do you believe this denial was based on?
Six respondents believe they have observed an organization directing people toward a specific area or housing complex in the city due to protected class factors, and three believe they have witnessed illegal discrimination by someone at an organization against a person attempting to purchase a home in the city based on their protected class. Five respondents believe they have observed an organization discriminating against someone during the rental or purchase of a home, harassing them, or treating them differently due to protected class. Most respondents are moderately to extremely likely to report such discrimination.

Roughly 61% of respondents believe certain protected classes face more housing issues compared to other groups.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Respondents report that individuals with disabilities face several factors that serve as barriers to fair housing choice, as identified in the graphic below.

Figure 7: What barriers to fair housing are specific to people with disabilities in the City? Respondents identify a number of needed accessibility improvements in the City’s rental housing stock, as shown below. Accessibility features are required by the City’s current zoning code.

Figure 8: What disability-related housing improvements or modifications need to be made in rental units?
Top barriers to accessing community amenities, facilities, and services revolve around transportation issues. They are identified as sidewalks (19 respondents), transportation with reliable stops (16 respondents), and accessible parking (10 respondents).

Availability of housing is the top concern for respondents, with roughly half feeling that their housing choices are geographically limited. For those who perceive a lack of access to opportunity for themselves, employment was the most reported factor influencing this lack of access, followed by infrastructure, education, and transportation and mobility. Over 75% of respondents consider certain neighborhoods in Tulare to be undesirable, with most identifying the west and south areas of the city as undesirable. About 92% believe their neighbors are moderately to extremely supportive of people of another race, ethnicity, religion, or sexual orientation moving into their neighborhood.

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Impediments, Goals, and Actions
This section sets goals for each impediment category and identifies funding and other contingencies necessary to implement each goal, as well as metrics and milestones. The impediments identified for the FY2025/26-FY2029/30 Analysis of Impediments are as follows:

1. Limited Supply of Affordable Housing: There is an inadequate supply of affordable housing for lower income residents and persons of protected classes

2. Limited Income: Low household incomes limit housing choices for residents of protected classes and increase housing instability

3. Lack of Access to Resources: Limited access to support services, shelter, and affordable housing opportunities increases housing instability and homelessness

4. Discrimination in Rental and Owner Housing Transactions: Housing discrimination limits housing options for protected classes increase housing instability and risk of homelessness for protected classes

5. Limited Community Awareness of Fair Housing Protections and Enforcement Activities:

Lack of fair housing enforcement, capacity and awareness may increase prevalence of housing discrimination
The table below is organized by goal, with the impediments addressed by each goal listed in the second column. Tangible, meaningful actions to achieve each goal are identified. Ongoing goals and actions for the previous 2020/21-2024/25 Analysis of Impediments were reevaluated as part of this AI effort and are incorporated here as appropriate. Additionally, several impediments have been incorporated from the 2023- 2031 City of Tulare Housing Element (HE), required by the California Housing Element Law (Government Code Section 65580 (et seq.)).

Fair Housing Action Plan
Goal Impediment(s) Addressed Funding Source Responsible Entity and Partners Actions/5-Year Metrics
Increase fair
housing
enforcement,
outreach, and
capacity
• Discrimination in Rental
and Owner Housing
Transactions
• Limited Community
Awareness of Fair
Housing Protections and
Enforcement Activities
CDBG
administrative funds
and City General
Plan funds
City
• Community
Development
Department
County/Regional
• Tulare County
Association of
Governments
• Housing Authority of
Tulare County
Nonprofit
• Central California
Legal Services
• Community Housing
Council of Fresno
• Fair Housing Council
of Central California
• Coordinate with 2 nonprofit organizations to provide housing and tenant/landlord services.
• Partner with 2 local organizations to distribute information to 125 residents about fair housing services and homebuyer education programs.
• Coordinate with 2 nonprofit organizations, local community groups and service organizations to increase awareness of and access to housing resources and fair housing assistance. • Conduct 3 fair housing workshops or events for residents about housing rights and resources
• Conduct 3 workshop about housing services and programs • Update City’s website to include links to fair housing information and responsibilities of landlords and lenders and a language translation feature by the end of FY2025-2026
• Distribute educational materials about predatory lending, fair housing requirements, regulations, and services to 50 property owners, realtors, apartment managers, and tenants
• Distribute printed fair housing educational materials to at least 50 property owners, apartment managers, tenants, and realtors, prioritizing outreach in Historic West Tulare, Northwest, and Southwest Tulare.
• Create a fair housing marketing plan and review and update at least once before FY 2027/2028.
• Conduct 3 social media campaigns to reach homeowners, renters, and property managers about water conservation measures.
• Translate fair housing educational materials and distribute nonEnglish fair housing materials to 125 people • Conduct (or fund) tenant/landlord counseling by assisting 50 tenants and landlords
• Refer 150 residents to fair housing organizations for assistance, including the Community Housing Council of Fresno and Central California Legal Services
• Conduct a fair housing campaign celebrating fair housing month annually through print and/or social media
City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Goal Impediment(s) Addressed Funding Source Responsible Entity and Partners Actions/5-Year Metrics
Encourage
development of
new affordable
housing in high
resource areas
• Limited Supply of
Affordable Housing
• Limited Income
• Lack of Access to
Resources
Local, State, Federal
Grants, including
CDBG
City
• Community
Development
Department
County/Regional
• Tulare County Local
Agency Formation
Commission (LAFCO)
• Housing Authority of
Tulare County
Nonprofit
• Self-Help Enterprises
Other
• Affordable housing
developers
Facilitate the development of 4,625 units over 8 years (1,435 very low-income, 884 low-income, 677 moderate-income, and 1,629 above moderate-income units).
• Facilitate the development of 20 units for special needs populations during the planning period.
• Increase the percent of the city’s housing stock that is multifamily from 17 percent to 20 percent by December 2030, using 2020 Census data as a baseline.
• Reduce disparity between census tracts based on median income level and percent of households in poverty.
• Partner with nonprofit housing developers to support the entitlement of at least 100 subsidized housing units affordable to extremely low-, very low-, and low-income households in the city during the planning period, including at least 30 percent of units outside of areas of high segregation and poverty or near public transit and services.
• Create 90 (2% of RHNA goal for 8-year period) new accessible units for people with physical disabilities
• Support 4 multifamily affordable housing developments (could be through letters of support, funding, or another method) • Implement building code updates by 2027 to support additional accessibility in homes and public spaces
• Pursue and apply for Pro-Housing Designation on an annual basis until achieved
City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Goal Impediment(s) Addressed Funding Source Responsible Entity and Partners Actions/5-Year Metrics
Improve placebased strategies to
encourage
community
conservation and
revitalization,
including
preservation of
existing affordable
housing
• Lack of Access to
Resources
City general funds City
• Community
Development
Department
County/Regional
• Tulare County
Economic
Development
Corporation
Nonprofit
• Self-Help Enterprises
Other
• Tulare Chamber of
Commerce
• Increase the percentage of residents commuting by public transit by 5 percent by December 2031 with 2020 data as baseline
• Assist with 30 rehabilitation projects through Self-Help Enterprises over 8 years. If funding is acquired, assist 50 households with home repairs through the City’s Home
Rehabilitation Program over 8 years
• Connect at least 10 potential business owners with the Tulare Chamber of Commerce and/or the Tulare County Economic
Development Corporation by the end of the planning period. If a report on planning and infrastructure needs is adopted, implement at least 50 percent of the recommendations in the report by the end of the planning period
• Complete 5 CIP projects during the planning period
• Bring in 5 new businesses during the planning period
• Improve CalEnviroScreen scores citywide by December 2031 • Use CDBG to fund 3 infrastructure improvements in LMI and under-resourced areas
• Use CDBG funds to address accessibility issues in 10 (at least 2 of 10 projects annually) existing homes through home repair activities
• Implement the Active Transportation Plan by FY 2027-2028 • Update land use and zoning codes by 2026 to support mixeduse development in SW Tulare • Provide available funding in incentives to encourage infill and retail development in Central and West Tulare
City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Goal Impediment(s) Addressed Funding Source Responsible Entity and Partners Actions/5-Year Metrics
Protect existing
residents from
displacement
• Limited Supply of
Affordable Housing
• Limited Income
• Lack of Access to
Resources
• Discrimination in Rental
and Owner Housing
Transactions
City general funds City
• Community
Development
Department
County/Regional
• Kings/Tulare
Homeless Alliance
Nonprofit
• Self-Help Enterprises
• Annually coordinate meetings with the Kings/Tulare Homeless Alliance to address need in Tulare
• Replace all units as required pursuant to AB 1397
• Preserve all 1,045 existing affordable housing units in Tulare • Coordinate with Self-Help Enterprises to fund rehabilitation efforts in the City
• Annually research and apply for available rehabilitation grants • Assist with 30 rehabilitation projects
• Advertise available rehabilitation grant programs, including SelfHelp Enterprises’ Housing Rehabilitation Program, on the City’s website and through traditional media sources
• Refer 5 property owners with housing units in need of repair to Self-Help Enterprises annually
• Serve 50 (average of 10 annually) households with home repairs
• 100% of households served through the Home Repair Program will receive energy conservation and improvements
• Annually updated a database of subsidized affordable
projects/units to conserve subsidized units
• Annually monitor the status of Notice of Intent and Plans of Actions by property owners to convert subsidized units to market rate, ensure tenants are properly noticed of conversion, and coordinate efforts to keep units subsidized, if possible • Annually update database with detailed information on all subsidized units, including affordability covenants
• There are also efforts to prevent the conversion of deedrestricted units. • Annually contact property owners of affordable housing regarding any change in status/intent or need for assistance, such as rehabilitation assistance. This includes assistance in applying for needed grant funds to preserve the units.
• 50 (at least 10 annually) LMI homeowners assisted with home repair using CDBG
• Improve 80 (1 or 2 projects within next cycle) multifamily units for LMI through multifamily repair activities
City of Tulare - Draft Analysis of Impediments to Fair Housing Choice

Goal Impediment(s) Addressed Funding Source Responsible Entity and Partners Actions/5-Year Metrics
Enhance housing
mobility
strategies
• Limited Income
• Lack of Access to
Resources
City general funds City
• Community
Development
Department
• Annually review and apply for state and/or federal funding opportunities to address regional housing issues.
• Support the development of at least 10 ADUs in Northeast, South, and Southeast Tulare during the planning period. • Expand the use of HCVs in the city by 10 percent by December 2030, using 2023 data as baseline. Assist 450 households through HCVs.
• Provide housing and supportive services to at least 100 individuals in the City’s Temporary Homeless Encampment by January 2025. If sufficient funding is acquired for the Tenant Based Rental Assistance Program, assist at least 15
households by the end of the planning period.
• Assist 10 low-income and 5 moderate-income homebuyers during the planning period.
• Create housing opportunities on public lands for 20 very lowincome and 30 low-income units. • Provide support services to 500 (at least 100 annually through CDBG / emergency shelter operations) people (unique count) experiencing or those at-risk of homelessness
• Fund job training or placement services for 25 people City of Tulare, CA
Citizen Participation Plan
Draft Update Proposed for May 2025
City of Tulare Draft Updated Citizen Participation Plan

Introduction
The U.S. Department of Housing and Urban Development (HUD) requires entitlement communities under the federal Housing and Community Development Act of 1974, as amended, to develop a citizen participation plan.

In 1994, the U.S. Department of Housing and Urban Development issued new rules consolidating the planning, application, reporting, and citizen participation processes of four formula grant programs: Community Development Block Grants (CDBG); HOME Investment Partnerships (HOME); Emergency Solutions Grants (ESG); and, Housing Opportunities for Persons with AIDS (HOPWA). The new planning process was intended to more comprehensively fulfill three basic goals: 1) to provide decent housing; 2) to provide a suitable living environment; and, 3) to expand economic opportunities.

This Citizen Participation Plan (CPP) describes how the City of Tulare (hereafter “the City”) will involve residents in the planning, implementation and assessment of how CDBG and HOME funds will be used. The City of Tulare is a CDBG Entitlement Community. Presently, the City receives CDBG directly from HUD and HOME funds from the State Department of Housing and Community Development (HCD). ESG and other resources are potentially available through the County of Tulare and/or the State of California. Additionally, though not required by HUD, the CPP also applies to the process for identifying fair housing impediments in the City and planning actions to address any such impediments through the development of the Analysis of Impediments to Fair Housing Choice (AI).

The Consolidated Plan is a three-part planning process required by HUD. It comprises developing a five-year strategic plan, preparing annual action plans and submitting annual performance reports. These three parts are intended to furnish the framework whereby the City can identify its housing, homeless, community, and economic development needs; identify resources that will be tapped and actions to be taken to address the needs; as well as look back and evaluate the City's progress toward achieving its strategic goals. Completing these documents on time and in a manner that is acceptable to HUD ensures program funding.

The precursor to the Consolidated Plan is the Citizen Participation Plan. The objectives of the CPP are to ensure that the citizens of City of Tulare, particularly persons of low- and moderateincome, persons living in slum and blight areas, units of local government, housing agencies and other interested parties, are provided with the opportunity to participate in the planning and preparation of the Consolidated Plan and the Analysis of Impediments to Fair Housing Choice, including amendments to the Consolidated Plan and Annual Action Plan and the development of the Consolidated Annual Performance and Evaluation Report (CAPER). In doing so, the CPP sets forth general policies and procedures for implementing and carrying out the consolidated planning process, such as how the Consolidated Plan will be developed, dates and milestones along which the process will proceed, and methods for citizens to offer the City assistance and guidance in the formulation of the Consolidated Plan. Procedures and timelines for the development of the AI in the CPP largely mirror the Consolidated Plan process. Furthermore, the provisions of the CPP fulfill statutory and regulatory requirements for citizen participation as specified in HUD's rules for the Consolidated Plan, the CDBG Program, the HOME Program, the ESG Program, and the HOPWA Program. In the City of Tulare, the Community Development Department is the lead agency for developing, implementing, monitoring, and reporting on the achievements of the Consolidated Plan.

The Consolidated Plan identifies the housing and community development needs of the City and sets priorities for spending the HUD grant funds. Public comment is a vital component of City of Tulare Draft Updated Citizen Participation Plan

identifying the City's housing and community development needs and spending priorities. The Consolidated Plan offers the opportunity for strategic citywide planning to occur alongside citizen participation.

The Consolidated Plan planning and approval process can be broken down into the following stages:
• Needs assessment
• Plan development
• Approval
• Amendments (if necessary)
• Performance review
The City of Tulare will make reasonable efforts to provide for citizen participation during the community development process and throughout the planning, implementation and assessment of all HUD programs undertaken by the City. City staff will make every effort to involve citizens in all phases of the development, implementation and assessment of community development programs including, but not limited to, the following phases:
a. Identification and assessment of housing and community development needs, and determination of the Consolidated Plan and Annual Action Plan; b. Amendment to approved Consolidated Plan and Annual Action Plan; c. Development of an updated Analysis of Impediments to Fair Housing Choice (AI); d. Assessment of Consolidated Assessment of Performance and Evaluation Report (CAPER).

All phases of the community development process will be conducted by City staff in an open manner. Once the public participation process has started, the City will make HUD-provided data, and any other supplemental information available to residents, public agencies, and other interested parties. Citizens of Tulare are encouraged to participate at all levels and will be given access to program information during each phase of any HUD program as outlined herein.

Comment on the Citizen Participation Plan and Amendments The City of Tulare Community Development Department will receive comments on the proposed Citizen Participation Plan during a 30-day public comment period. During the 30-day public comment period at least one public hearing will take place to give citizens an opportunity to comment on the proposed CPP. A public notice will be posted in one or more newspapers of general circulation at least 15 days prior to the public hearing.

Individuals who require accommodations, including appropriate auxiliary aids, translated documents or interpreters to participate in a public hearing, or who would like to request a copy of the proposed CPP, or another document, in an alternate format, should contact the Community Development Department at (559) 684-4217.

Per direction from HUD, provided to CDBG grant recipients on March 16, 2020, during their “National Briefing on Community Development Block Grant Support for Infectious Disease Response” – the City of Tulare will consider undertaking “virtual” public hearings (alone, or in concert with an in-person hearing) allowing questions in real time, with answers coming directly from the elected representatives to all “attendees” during times of emergencies. The City of Tulare will select a virtual hearing method or platform that will provide for accessibility for persons with disabilities and limited English proficiency (LEP) to participate. City of Tulare staff will document these efforts and provide descriptions to HUD in the subject documents.

City of Tulare Draft Updated Citizen Participation Plan

Encouragement of Citizen Participation
The Consolidated Plan is designed to enumerate the City’s overall strategy for coordinating federal and other housing and community development resources to provide decent housing, establish and maintain a suitable living environment, and expand economic opportunities, particularly for low- and moderate-income persons. The AI will identify barriers or obstacles that hinder fair housing opportunities for individuals or groups protected under the federal Fair Housing Act. Although the AI does not explicitly include the use of CDBG or other federal funds to address barriers or obstacles identified, actions enumerated in the AI to address such impediments may be reflected in the Consolidated Plan activities and funded with CDBG grant funds, assuming the activities are a qualified use of CDBG funds.

Interested groups and individuals are encouraged to provide input into all aspects of City’s consolidated planning and AI activities, from assessing needs to setting priorities through performance evaluation. By following the CPP, there will be a number of opportunities for citizens to contribute information, ideas and opinions about ways to improve our neighborhoods, promote housing affordability and enhance the delivery of public services to residents.

Affirmative efforts to encourage and solicit participation from the City’s residents and populations least likely to have awareness of HUD-funded programs and processes including low-income residents, individuals with disabilities, racial and ethnic minorities, and female-headed households may include:

1. Advertising the details of planning activities and artifacts (e.g. documents for public review, meetings, opportunities to provide feedback and comment) in the City’s daily newspapers, and other daily or non- daily publications - The Tulare Advance Register and/or Visalia Times Delta;

2. Sending notice of activities and artifacts (e.g. documents for public review, meetings, opportunities to provide feedback and comment) to advocacy groups, nonprofit and for profit organizations, and City and community agencies that provide services to or advocate for low-income individuals, individuals with disabilities, racial and ethnic minorities and female-headed households; including Kings Tulare Homeless Alliance, Family Services, Kings View PATH Program, United Way of Tulare County, and Tulare Lighthouse Rescue Mission; and

3. Posting Notifications at City Hall, Tulare Public Library, Tulare Senior Center, Claude Meitzenheimer Community Center, Tulare Chamber of Commerce and City website.

Limited English Proficient Persons and the Language Access Plan The City of Tulare will make every effort to ensure that Limited English Proficient (LEP) persons have meaningful access to federally funded programs and services as is required under Title VI of the Civil Rights Act of 1964.

The City has a diverse population where many languages are spoken. A substantial number of persons that speak these languages do not speak English or do not speak English very well and are considered Limited English Proficient (LEP).

Regardless of which language a person speaks or their ability to speak English, the City will make every effort to ensure that they have meaningful access to federal funding services through either oral interpretation or written translations of vital documents.

Since the City has a number of LEP persons, all citywide public notices and public hearings must ensure that language services are provided or available.

City of Tulare Draft Updated Citizen Participation Plan

The City is confident that no person will be denied federally funded services based on their ability to speak English.

The City is committed to keeping all interested groups and individuals informed of each phase of the consolidated planning process and of activities being proposed or undertaken under HUD formula grant programs. Opportunities to comment on or participate in planning community development and affordable housing activities and projects will be publicized and disseminated throughout the City.

Public Hearings
The City will hold at least two public hearings during the program year to obtain community views and to respond to proposals and questions. The two public hearings must be held at two different stages during the program year.
• The City will hold one public hearing during the development of the Consolidated Plan before the proposed Consolidated Plan is published for comment. • The City will hold at least one public hearing to accept comments on the Consolidated Plan, Annual Action Plan, CAPER, Amendments, CPP, and AI prior to final adoption.

Together, the hearings must address housing and community development needs, development of proposed activities, proposed strategies and actions for affirmatively furthering fair housing, and a review of program performance.

The City will provide adequate notice of each hearing by publishing a public notice in one or more newspapers of general circulation at least 15 days prior to the public hearing.

A summary of the written and oral public comments from individuals or groups received in writing or at the public hearings and/or community meetings will be considered for inclusion in the Consolidated Plan, Annual Action Plan, Amendments, CAPER, CPP, and AI.

Public hearings will be held at times and locations that are convenient to potential and actual beneficiaries of federal grant funds. If a public hearing occurs at a location where a significant number of non-English speaking residents can reasonably expected to participate, the City will advertise that language assistance is available upon request. All venues used for interviews, focus groups, grant applications, and public meetings are fully accessible to people with disabilities that impact mobility. Should a venue not be fully accessible, the individual(s) should contact the Community Development Department at (559) 684-42175.

Per direction from HUD, provided to CDBG grant recipients on March 16, 2020, during their “National Briefing on Community Development Block Grant Support for Infectious Disease Response” – the City of Tulare will consider undertaking “virtual” public hearings (alone, or in concert with an in-person hearing) allowing questions in real time, with answers coming directly from the elected representatives to all “attendees” during times of emergencies. The City of Tulare will select a virtual hearing method or platform that will provide for accessibility for persons with disabilities and LEP to participate. City of Tulare staff will document these efforts and provide descriptions to HUD in the subject documents.

Publication of Consolidated Plan, Annual Action Plan, and AI The City will publish the Draft Consolidated Plan, Annual Action Plan, and the AI for public review in a manner that affords citizens, public agencies and other interested parties a reasonable City of Tulare Draft Updated Citizen Participation Plan

opportunity to examine its contents and submit comments. The Draft Consolidated Plan and Annual Action Plan will be a complete document and shall include:
• The amount of assistance the City expects to receive, and • The range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate-income.

A notice for the release of the Draft Consolidated Plan, Annual Action Plan, and the AI will be published in a newspaper of general circulation – the Tulare Advance Register – within the City of Tulare at the beginning of the public comment period. The notice will include a list of locations where copies of the entire proposed Consolidated Plan, Annual Action Plan, and AI may be obtained or examined.

Citizens and groups may obtain a reasonable number of free copies of the proposed Consolidated Plan, Annual Action Plan, and AI by contacting the Department of Community Development at (559) 684-4217.

Public Comments on the Draft Consolidated Plan, Annual Action Plans, and AI One public meeting will be held to gather input from citizens regarding proposed changes. Written comments and citizen participation by low- and moderate-income individuals, minorities, nonEnglish speaking persons and persons with disabilities will be encouraged through the affirmative efforts outlined in the Encouragement of Citizen Participation section.

Notices of the meetings will be published in the daily newspaper no less than 15 days prior to the meeting and a press release may be forwarded to all the newspapers. The City’s Community Development Department will also attempt to email a copy of the notice or press release to interested parties.

The proposed Consolidated Plan (and amendments), Annual Action Plan (and amendments), and AI will be made available to interested parties for a comment period of no less than 30 days.

Along with the notification that the proposed Consolidated Plan is available for public comment, a summary of the proposed plan's contents and purpose will be published. The notification will be published on or before the day the proposed Consolidated Plan comment period begins.

Locations where copies of the entire proposed plan may be obtained will also be stated in the notice.

The proposed Consolidated Plan, Annual Action Plan, and AI will be available on the Community Development Department’s Housing & CDBG Services section on the City’s website at www.tulare.ca.gov for the full public comment period. Copies of the proposed plan will also be available from the City’s Community Development Department during the public comment period.

The City will consider any comments on the draft plans from individuals or groups received in writing, or orally at the public hearings, in preparing the final plans. A summary of the written and public hearing comments on the draft plans, and a summary of any comments or views not accepted and the reasons why, will be included in the final plan.

Public Outreach
An informed citizenry is critical to effective and responsive housing and community development programs. Efforts to educate residents and empower their participation are an ongoing element of the consolidated planning process.

City of Tulare Draft Updated Citizen Participation Plan

Public education and outreach will be facilitated through the use of public advertisements that describe the consolidated planning process, opportunities for citizen participation and available funding through the CDBG program.

Technical Assistance
Groups or individuals interested in obtaining technical assistance to develop project proposals or applying for funding assistance through HUD formula grant programs covered by the Consolidated Plan or Annual Action Plan may contact the City of Tulare Community Development Department staff. Such assistance may be of particular use to community development organizations, nonprofit service providers, and for-profit and nonprofit housing development groups that serve or represent persons of low- and moderate-income.

Amendments Criteria
Substantial Amendments
The City will amend its approved Consolidated Plan or Annual Action Plan whenever a decision is made to propose a substantial change in allocation priorities. A substantial amendment to the Consolidated Plan or Annual Action Plan will include:
• The addition of an activity not initially identified in the Consolidated Plan or Action Plan. • A change in excess of 25% of an activity’s original approved budget. • A change in the purpose, scope, location or beneficiaries of an activity.

Minor or Administrative Amendments
Minor amendments are those that are not considered substantial in nature and pertain chiefly to minor administrative modifications of the programs. Minor amendments can be approved by the City Manager. Minor amendments will be made administratively and will be incorporated into the City’s CAPER. A minor amendment to the Consolidated Plan or Annual Action Plan include:
• A change less than 25% of an activity’s original approved budget. • Necessary for completing activities identified in the Consolidated Plan or Annual Action Plan.
• Necessary due to significant changes in the funding levels among HUD’s original estimates of funding amounts and HUD’s final allocation. • Necessary due to changes in funding levels among the City’s estimated annual program income and actual annual program income received.

Citizen Participation in the Event of a Substantial Amendment In the event of a substantial amendment to the Consolidated Plan or Annual Action Plan, the City, depending on the nature of the amendment, will conduct at least one additional public hearing, which could be “virtual”, per HUD recommendations. This hearing will follow a comment period of no less than 30 days, where the proposed substantially amended Consolidated Plan or Action Plan will be made available to interested parties. Citizens will be informed of the public hearing through daily newspaper notification and the City’s website prior to the hearing.

Citizens will be notified of the substantially amended Consolidated Plan’s or Annual Action Plan availability through newspaper notification prior to the 30-day comment period. The substantially amended Consolidated Plan or Annual Action Plan will be available on the Community Development Department’s Housing & CDBG Services section on the City’s website at www.tulare.ca.gov for the full public comment period.

City of Tulare Draft Updated Citizen Participation Plan

Consideration of Public Comments on the Substantially Amended Plan The City will openly consider any comments on the substantially amended Consolidated Plan or Annual Action Plan from individuals or groups. Comments must be received in writing during the comment period or at public hearings. A summary of the written and public hearing comments on the substantial amendments will be included in the amended Consolidated Plan or Annual Action Plan. The amended Consolidated Plan or Annual Action Plan will also include a summary of all comments not accepted and their reasons for dismissal.

Changes in Federal Funding Level
Any changes in federal funding level after the Consolidated Plan or Annual Action Plan’s draft comment period has expired and the resulting effect on the distribution of funds will not be considered an amendment or a substantial amendment.

Consolidated Annual Performance and Evaluation Reports
Performance reports on the CDBG program, known as the Consolidated Annual Performance and Evaluation Report (CAPER), covered by the Consolidated Plan or Annual Action Plan are to be prepared by the City of Tulare Community Development Department within 90 days following each program year. Draft performance reports will be made available upon written request. The draft performance report will be available for comment for no less than 15 days, and any public comments received in writing will be reported in an addendum to the final performance report.

Access to Records
To the extent allowed by law, interested citizens and organizations shall be afforded reasonable and timely access to records covering the preparation of the Consolidated Plan, Annual Action Plan, and/or AI, project evaluation and selection, HUD's comments on the Consolidated Plan and annual performance reports. In addition, materials on formula grant programs covered by the Consolidated Plan and/or Annual Action Plan, including activities undertaken in the previous five years, will be made available on the City’s Community Development Department website at www.tulare.ca.gov and will be available during normal business hours at City of Tulare Community Development Department at 411 E. Kern Avenue, Tulare, CA 93274 to any member of the public who requests information.

Complaints and Grievances
Citizens, administering agencies, and other interested parties may submit complaints and grievances regarding the programs of the City of Tulare Community Development Department.

Complaints should be in writing, specific in their subject matter, and include facts to support allegations. The following are considered as constituting complaints to which a response is due:
• The administering agency has purportedly violated a provision of the Citizen Participation Plan;
• The administering agency has purportedly violated a provision of federal CDBG program regulations; and
• The administering agency, or any of its contractors, has purportedly engaged in questionable practices resulting in waste, fraud or mismanagement of any program funds.

Residents may also present complaints and grievances orally or in writing at the community meetings and/or public hearing. All public comments, including complaints and grievances, made either orally or in writing within the 30-day public comment period, will be included in the final Consolidated Plan and/or Annual Action Plan. Such complaints or grievances about CDBG may be directed to the City of Tulare Community Development Department.

City of Tulare Draft Updated Citizen Participation Plan

Timely Response to Complaints or Grievances
Upon receipt of a written complaint, the designated representative at the City shall respond to the complainant within 15 calendar days and maintain a copy of all related correspondence, which will be subject to review.

Within 15 calendar days of receiving the complaint, the designated representative shall discuss the matter with the department manager and respond to the complainant in writing. A copy of the City’s response will be transmitted concurrently to the complainant and to the Community Development Director. If, due to unusual circumstances, the designated representative finds that he/she is unable to meet the prescribed time limit, the limit may be extended by written notice to the complainant. The designated representative’s notice must include the reason for the extension and the date on which a response is expected to be generated, which may be based on the nature and complexity of the complaint.

Public review materials and performance reports will include data, as appropriate under confidentiality regulations, on any written complaints received and how each was resolved.

Activities Exempt from Substantial Amendment Citizen Participation Requirements It may be necessary to amend the Consolidated Plan and/or Annual Action Plan in the event of an emergency such as a natural disaster. These amendments may include funding new activities and/or the reprogramming of funds including canceling activities to meet community development needs that have a particular urgency. Therefore, the City may utilize its CDBG funds to meet an urgent need without the normal public comment period, which is otherwise required for substantial amendments. To comply with the national objective of meeting community development needs having a particular urgency, an activity will alleviate existing conditions that the City of Tulare certifies:
• Pose a serious and immediate threat to the health and welfare of the community; • Are of recent origin or recently became urgent;
• Are unable to be financed by the City on its own; or
• Other funding resources are not available to carry out the activity.

A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the Community Development Department’s certification.

Urgent Need
If Urgent Need funds are received due to a natural disaster or pandemic, the public comment period can be reduced to a 5-day publication and public comment period. During an Urgent Need public comment period a community meeting or workshop is not required, although a public hearing will still take place to accept any public comments. A public notice will be posted in a local newspaper of circulation at least 5 days prior to the public hearing date to provide reasonable notice and opportunity to comment. The Urgent Need public comment period can be reduced to 5 days to assist in expediting funds as quickly as possible.

Plans to Minimize Displacement of Persons and Assist Any Persons Displaced If applicable, the City of Tulare, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the 1988 Common Rule, and the 1989 Barney Frank Act, will provide relocation assistance, as described in 24 CFR 570.606(b)(2), to each low- and moderate-income household displaced by the demolition of housing or by the conversion of a lowand moderate-income dwelling to another use as a direct result of assisted activities.

City of Tulare Draft Updated Citizen Participation Plan

Consistent with the goals and objectives of activities assisted under the Act, the City will include, but not be limited to, the following steps to minimize the displacement of persons from their homes:
• Avoid, as much as possible, CDBG-funded projects which permanently displace persons from their homes.
• Fully advise any residents who may be displaced of their rights and options for relocation benefits as required by federal regulations.
• Assist displaced residents in filling out any required forms for assistance or to appeal City decisions regarding displacement or the level of relocation benefits.

A copy of the City’s Anti-Displacement and Relocation Plan is also available to interested residents upon request.

Citizen Participation Plan Summary

DOCUMENT PUBLIC

PARTICIPATION

REQUIRED TIME

FOR PUBLIC
REVIEW

REQUIRED

APPROVAL

DEADLINE
Citizen
Participation
Plan (CPP)
• Public hearing
• 15-day notice
30-day public
review
City Council N/A
Consolidated
Plan, Annual
Action Plan,
and/or Analysis
of Impediments
to Fair Housing
Choice (AI)
• Two Public
hearings at
two different
stages of
development
process
• 15-day notice
30-day public
review
City Council Submit to HUD 45
days prior to start
of new program
year
Substantial
Amendments
• Public hearing
• 15-day notice
30-day public
review
City Council Submit to HUD
when complete
Minor
Amendments
• No public
hearing
30-day public
review
City Manager Submit to HUD
when complete
Urgent Need • Public hearing
• 5-day notice
5-day public
review
City Council N/A
Consolidated
Annual
Performance and
Evaluation
Report (CAPER)
• No public
hearing
•
15-day public
review
City Council Submit to HUD
within 90 days of
end of program
year
Availability of the Citizen Participation Plan
Citizens and groups may obtain a reasonable number of free copies of the Citizen Participation Plan by contacting the City’s Community Development Department at 559-684-4217.

Glossary
• Analysis of Impediments to Fair Housing Choice (AI): A comprehensive analysis to identify and address any barriers or obstacles that hinder fair housing opportunities for individuals or groups protected under the federal Fair Housing Act. • Annual Action Plan: An annual plan to provide concise summary of activities that will be used each year to address the CDBG priority needs and specific goals.

City of Tulare Draft Updated Citizen Participation Plan

• Area Median Income (AMI): A metric calculated by the U.S. Department of Housing and Urban Development (HUD) to determine the income eligibility requirements of federal housing programs.
• Citizen Participation Plan (CPP): A plan to involve the community in the planning, implementation and assessment of how CDBG funds will be used, as well as the preparation of related plans and documents.
• Community Development Block Grant (CDBG): A federal grant to assist in the development of viable urban communities by providing decent housing, a suitable living environment and expanding economic development opportunities for principally lowmoderate-income persons. • Consolidated Annual Performance Evaluation Report (CAPER): An annual performance report on CDBG outcomes achieved during a program year. • Consolidated Plan (Con Plan): A five-year strategic plan designed to assist jurisdictions assess their affordable housing and community development needs and market conditions, and to make data- driven, place-based investment decisions. • Entitlement Community: A city in a metropolitan area with a population of at least 50,000 or qualified urban county with a population of at least 200,000 that receives grant funding from HUD.
• HOME Investment Partnership (HOME): A grant to provide decent affordable housing to low- and moderate-income households.
• Low-and Moderate-Income (LMI) Households: Households earning less than 80% of the area median family income. The following LMI categories are:
o Very Low Income: Households with income at or below 30% of the AMI. o Low Income: Households with income between 31% and 50% of the AMI. o Moderate Income: Households with income between 51% and 80% of the AMI. • Program Year: An annual period from July 1st through June 30th for which the grant program occurs.
• Public Hearing: A formal public meeting designed to provide the public the opportunity to make a public testimony and comment. Public hearings are to be advertised in local newspapers and made accessible to non-English speakers and individuals with disabilities and may be “virtual.
• U.S. Department of Housing and Urban Development (HUD): A U.S. government agency that supports community development and homeownership.

Staff Report
Meeting: City Council
Date: June 3, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Appeal of Conditional Use Permit 2025-05

RECOMMENDED ACTION
Adopt a resolution denying the applicant’s appeal of the Planning Commission’s approval of Conditional Use Permit (CUP) 2025-05.

SUMMARY
On April 28, 2025, the City of Tulare Planning Commission voted 5-0 to approve Conditional Use Permit 2025-05, an application by Juan Carlos Ramirez, to operate a stationary mobile vending vehicle (Jalisco’s Tacos) on the property located at 1410 North J Street.

On May 6, 2025, Madram Shuaibi and Nasser Shuaibi (“Appellants”), by and through their attorney of record, Vonn R. Christenson, submitted a timely appeal of the Planning Commission’s approval of Conditional Use Permit 2025-05. The appeal sets forth the following concerns:

1. Appellants were not provided notice of the hearing; and

2. Planning Commission was not informed about Appellants’ current Unlawful Detainer action against Jalisco’s Tacos; and

3. Appellants are claiming damage to their property by Jalisco’s Tacos former operation on their site; and

4. Appellants are claiming that they will suffer economic hardship due to Jalisco’s Tacos moving down the street to a newly permitted location and allowing them to operate while Appellants would instead desire to replace Jalisco’s Tacos at their property; and

5. Appellants claim that Applicant misrepresented ownership of the new property they sought to locate and obtain approval through CUP 2025-05; and

6. Appellants claim that the new location for Jaliscos’ Tacos has less desirable ingress, egress, parking, and would result in a negative impact to traffic and flow on J Street.

1. Appellants were not provided notice of the Planning Commission CUP Hearing City staff can confirm that Appellant Nasser Shuaibi was included in the mailing list for the public hearing notice regarding CUP 2025-05. The address listed is the address of 1510 North J Street. Staff did not receive the mailing returned undeliverable as occurs when the United States Postal Service is unable to deliver. Furthermore, both Appellants came to the Permit Center at City Hall to ask City staff about the notice they received regarding the public hearing for CUP 2025-05. The City’s Assistant Planner and Senior Administrative Assistant in the Planning Division confirmed that each of the Appellants came in separately on two separate occasions with a copy of the public notice they received in hand. They asked about the process and how they could provide comments to persuade the Planning Commission to not approve CUP 2025-05, and staff informed Appellants of their right to attend the public hearing and speak at the hearing or alternatively provide their comments in writing before or at the time of the hearing.

Item #: 12.4
Public Hearing

2. Appellants Unlawful Detainer Action Against Applicant Although Applicant did not disclose to staff or the Planning Commission the unlawful detainer action case underway, the case is a civil matter between a tenant and landlord, and the location the Applicant applied for is a different location. Applicant did represent to staff that he was being evicted and pressured to sign a 10-year rental agreement at a higher rent or to help Appellants pay for repaving of their property as one of the reasons Applicant was seeking out a new location.

3. Appellants Claim Damage to their Property by Applicant Appellants were informed via mailed notice and in person about their ability to bring forth any complaints or reasons why the Planning Commission should not grant approval of the CUP, such as the claims noted here regarding damages and operational issues with the Applicant. Staff believes Appellants failed to exhaust their administrative remedies by not providing comments in person or in writing for the Planning Commission to consider.

4. Appellants Claim of Economic Hardship
Staff have video and photo evidence of Appellants allowing an unpermitted stationary mobile food vendor to locate on their property during the past month, all while Applicant, who went through the proper procedures to obtain a legal permit to operate at a new location has been closed for business due to this Appeal staying their operation as permitted under CUP 2025-05. At least within the last month, it appears Applicant is the one suffering economic hardship due to actions of the Appellants. Staff are familiar with a pattern in past years of property owners evicting legally permitted stationary mobile vendors from their property, despite signing to consent their use of the property to operate, in order to bring in a new vendor that will agree to pay higher rent than the existing vendor. The fact that Appellants are claiming their goal is to replace Applicant with another seems to match this pattern.

Nonetheless, the reason Appellants are unable to have a new vendor permitted at their location if approval of CUP 2025-05 is upheld is due to the requirements in the zoning code that limits stationary mobile food vendors to be located no less than 300 feet from each other. Applicant’s new location is just less than 300 feet (staff estimates 275-280 feet) from Appellants property. Council, if so desired, could direct staff to utilize a minor deviation to vary from the standard, though staff wants to make Council aware that a possible precedent may be established to vary from this requirement or others.

5. Appellants Claim Applicant Has Misrepresented Ownership at New Location Staff was informed Applicant has purchased the property at 1410 North J Street and as such represented themselves as owner. When the Applicant met with staff during Site Plan Review, family members and the representative real estate broker were part of the meeting. It was explained to staff that Applicant was purchasing property from current owner, going into escrow. The Applicant already owned the property south of 1410 North J Street already, but since that property is a vacant lot without a building, including restrooms needed for the food truck, applicant decided to purchase the property at 1410 North J Street, with long-term plans to eventually develop a restaurant and commercial retail center at the location.

6. Appellants Claims Issues Regarding Circulation, Traffic Flow, and Parking at New Location The proposed layout and site plan for the new location at 1410 North J Street was reviewed by the City’s Site Plan Review Committee on March 27, 2025. Ingress and egress are similar or better at the new location than at 1510 North J Street. There is actually a bit more parking at this new location. Parking was quite limited at the Appellants’ location due to the gas pumps and spaces to remain open for the convenience store. Most of the customers at the former location parked alongside the curb on J Street, and similar parking is available at the new location.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Adopt with changes

2. Uphold Appeal, Revoking CUP 2025-05

3. Table
If the resolution denying the appeal is not adopted, Jalisco’s Tacos, a business that has operated legally in the city since 2014, will not be allowed to continue to operate.

ATTACHMENTS

1. Appeal of CUP 2025-05

2. Resolution
Reviewed/Approved: TG

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
DENYING THE APPEAL OF CONDITIONAL USE PERMIT 2025-05
WHEREAS, the Council of the City of Tulare held a regular meeting on June 3, 2025, and considered an appeal filed by Madram Shuaibi and Nasser Shuaibi of the Planning Commission’s decision to approve Conditional Use Permit 2025-05, a request to operate a stationary mobile vending vehicle (Jalisco’s Tacos) on the property located at 1410 North J Street; and WHEREAS, on June 3, 2025, the Council of the City of Tulare voted ___ to ___ on an appeal of Conditional Use Permit 2025-05, resulting in denial of said appeal; and WHEREAS, the Council of the City of Tulare determined that the proposed location of the conditional use is in accordance with the objectives of the Zoning Title and the purposes of the District in which the site is located; and
WHEREAS, the Council of the City of Tulare determined that the proposed location of the conditional use permit and the conditions under which it would operate or be maintained will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity; and
WHEREAS, the Council of the City of Tulare determined that the project meets the intent of the Conditional Use policies of the City of Tulare; and WHEREAS, the Council of the City of Tulare determined that this conditional use is in conformance with the objectives of the General Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The appeal of Conditional Use Permit No. 2025-05 is hereby denied.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3rd day of June 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: June 3, 2025
Department: Community Development – Housing
Office of Safety, Compliance & Facilities
Submitted by: Mario Anaya, Community Development Director Manny Correa, Safety, Compliance & Facilities Officer
Agenda Title: Emergency Shelter Operator Term Sheet & Preliminary Operating Budget

RECOMMENDED ACTION
Review and approve a term sheet and accompanying preliminary operating budget, precedent to entering into a final and comprehensive service agreement with Lighthouse Rescue Mission regarding the City’s emergency shelter project.

SUMMARY
On September 17, 2024, the City Council awarded a contract to construct the emergency shelter campus (shelter) which is anticipated to be completed in early 2026.

City staff held work sessions and collaborated with the proposed primary service provider for the shelter, the Lighthouse Rescue Mission, to prepare these draft terms and a preliminary budget estimate for this public facility. The term sheet largely identifies and explains the roles and responsibilities of the parties to operate the shelter, namely the Lighthouse Rescue Mission in partnership with City of Tulare. It is likely that additional third-party public agencies and/or community-based organizations will form agreements with the City of Tulare and provide different services for guests of the shelter than those duties of the proposed primary service provider/operator, the Lighthouse Rescue Mission.

The preliminary budget incorporates cost estimates from comparable emergency shelter projects as well as unique estimates from local public facilities and programs. The preliminary budget accounts for a twelve-month period beginning in the upcoming fiscal year and subsequent fiscal year, though the sequence and anticipating expenses and revenue are tentative and subject to change. City staff have and will continue to work with the primary service provider/operator for the shelter to refine an operating budget and minimize line-item expenses where feasible. For the purpose of future budget planning, this preliminary budget estimate should help inform cost and revenue projections for the start of the shelter in the coming fiscal year.

Upon approval of the term sheet and preliminary budget, the General Services Department (currently the Office of Safety, Compliance & Facilities) will lead all planning efforts and work with an approved primary service provider/operator on a final and comprehensive agreement, as well as refine the shelter’s operating budget. The City Council will receive and consider a final and comprehensive primary service provider/operator agreement and operating budget by the second quarter of the coming fiscal year.

FISCAL IMPACT & FUNDING SOURCES
The General Services Department, in conjunction with City Management and the shelter’s operator, may refine the preliminary budget as necessary to adjust the fiscal impact.

As presented, approval of the term sheet and preliminary budget will authorize allocation of up to $1,160,843 from the City’s General Fund for shelter expenses over a twelve-month period. Obligation and expenses for the first year of shelter operations will begin in the next fiscal year (2026) and continue into fiscal year 2027.

Item #: 13.1
General Business

LEGAL REVIEW
The City Attorney’s Office reviewed the draft term sheet. The term sheet presented to the City Council is consistent with the recommendations received from the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If the emergency shelter operator terms sheet is not approved, then City staff and the proposed primary service provider/operator (Lighthouse Rescue Mission) may pause planning efforts and delay the execution of a final and comprehensive shelter operator agreement and revised budget.

ATTACHMENTS

1. Emergency Shelter Primary Operator Term Sheet

2. Emergency Shelter Preliminary Operating Budget / Pro-Forma Reviewed/Approved: TG
Version as of May 29, 2025

Term Sheet
with Primary Operator for
Tulare Emergency Shelter Campus
A. PARTIES, TERM & TERMINATION

1. Parties Lighthouse Rescue Mission as “Third-Party Service Provider” and City of Tulare “Operator Partner / City”.

2. Term of an Agreement – three fiscal years (July 1 to June 30 cycle)

3. Renewal – Multiple year extensions available with specific timeline to execute such established within a first three-year agreement.

4. Default - Operator to provide written notice, City allowed 30-day cure period. City to provide written notice, Third-Party Service Provider allowed 30-day cure period.

B. LOCATION AND USE OF PREMISES
The shelter is to be located at the Hillman Health Center which is property owned by the County of Tulare governmental body / agency within city limits. The City established a long-term ground lease agreement with Tulare County (See Attachment A). Construction of the project began in November 2024 and should conclude by March 2026. As part of the lease with the County of Tulare, the City agreed to provide up to 25% of the beds within the project for people experiencing homelessness from Tulare County. The Third-Party Service Provider will establish a universal intake process for all prospective guests of the emergency shelter, which will include a separate plan with the County of Tulare to fulfill referral and occupancy requirements of the lease.

Tulare First Policy
It is critically important that 75% of beds in this facility be first provided and reserved for unhoused people that have a tie to the City of Tulare which includes registered guests of the City’s temporary encampment area and current or past clients of the City’s Encampment Resolution Funding program. Examples of satisfying a ‘Tulare First Policy’ include receiving people who were born in the City, have family members residing in the City, or graduated from school in the City. Unhoused people with a tie to Tulare County will also be considered at the same time with 25% of the beds (up to 45 beds out of 180 total beds) at the facility being reserved for them. People that do not have a tie or connection to either the City of Tulare or Tulare County will be referred to a different project. It is not the City’s responsibility to receive and provide services to unhoused people from outside the community, and it is important that Version as of May 29, 2025

capacity within the facility be reserved for future Tulare based individuals that may find themselves in a state of homelessness.

C. DESIGN AND CONSTRUCTION
The City shall be solely responsible for completing the construction of the emergency shelter campus in general accord with the permitted construction plans and assuming available funding and all applicable code requirements.

D. SCOPE OF WORK
The Tulare City Council and executive staff have determined the City’s emergency shelter needs to be the entry point into the Tulare-Kings Counties network of services and programs for people experiencing homelessness. Assets and responsibilities of a Third-Party Service Provider include:
• 180-bed emergency shelter facility with congregate and non-congregate sleeping and dwelling quarters.
• 24-hour 365-day basis period of operation for eligible people under the direction of a non-profit organization as a Third-Party Service Provider. • Accept all individuals and families experiencing homelessness who are willing to comply with local, state, and federal guidelines.
• Implement a program for guests involving different dwelling quarters and other amenities according to three (3) participation levels:
a. Entry
b. Participation
c. Recovery
• Design and implement a range of on-site services and programming for all guests including, but not limited to, the following:
o Intake, Registration, and Initial Assessment of Needs o Orientation to the emergency shelter facility, all amenities, and expectations
o Case Management with respect to accessing social, medical, and behavioral health care services as necessary
o Life Skills
o Peer Support
• Establish informal and formal relationships independently or through the City of Tulare with other organizations, including public agencies and for-profit entities, to provide on-site and/or off-site services and clinical care for guests.

E. OPERATIONAL PLAN
The CITY will establish a service agreement with a Third-Party Service Provider because of their requisite experience and expertise with emergency shelter programs Version as of May 29, 2025

and familiarity with past and current unhoused people within the City of Tulare. The Third-Party Service Provider shall enhance existing and create new formal and informal relationships with other organizations within Tulare and Kings Counties including governmental agencies, non-profit community based organizations, private businesses, faith based organizations, and others to promote their learning and/or secure contributions of services and/or goods for the guests and operations of the emergency shelter.

Guest Intake Process
In order to provide services most beneficial to each individual guest, assessments like the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) and an Individual Goals Identification Tool (IGIT) will be performed for each guest prior to and upon intake. It is critical to understand each person’s unique needs and abilities as a plan is created.

All guests will be evaluated by Shelter Coordinators through the use of established tools in order to appropriately assess each person’s needs and goals for program involvement and services. Initial Assessments will be performed upon 72 hours of enrollment, in 90-Day Increments, and upon Discharge. Assessment results will be recorded and updated as necessary. Assessments are performed for the benefit and overall well-being of the guest.

Additional/supplemental assessments may also be performed by other Service Partners engaging guests in the field and/or within the emergency shelter.

Assessment information will be maintained in a central database, such as a client records management system, by the Service Provider, with the exception of the VISPDAT, which will be recorded and maintained within HMIS.

Assessments may also be used to determine eligibility for programs and services.

Guests may be directed/referred to other programs based on the results of the assessments performed. For emergency shelters such as this project, guests must meet the “homeless” definition described in 24 CFR 578.31. The lack of third-party documentation must not serve as a barrier for enrollment into the emergency shelter.
1 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-578/subpart-A/section-578.3 Version as of May 29, 2025

Participation Levels – Use of Dwelling Quarters and Amenities The principal dwelling quarters and particular amenities of the emergency shelter shall be managed with respect to different participation levels. These participation levels are as follows:

I. Entry Level
This is the low barrier starting point for acceptance into the shelter. Anyone that voluntarily agrees to follow basic rules (no fighting, no drug consumption or weapons at the shelter, limitation on personal items, etc.) will be admitted into the shelter along with their vehicle, pet, and personal items, if any. They will have access to and the benefit of all basic services including bathrooms, showers, electricity, security, meals, medical, clothing, and limited storage of personal items. They will be free to come and go as they please but will only be provided meals if present at established times.

II. Participation Level
Those that meet the basic rules and desire to receive additional benefits may do so by voluntarily participating in programs offered by the operator. Benefits may include but are not limited to increased personal space, increased privacy, classroom learning and activities, outdoor recreation activities, etc. These benefits would be offered in exchange for voluntary part-time assistance to the operator including property maintenance (cleaning, painting, custodial care, etc.), garden cultivation, resident ombudsman, etc.

III. Recovery Level
Those that meet the basic rules, have graduated from the participation level of residency, and desire to receive additional benefits under the recovery level of residency may do so by voluntarily participating in additional programs offered by the Third-Party Service Provider. Benefits may include but are not limited to private quarters, classroom training, increased storage of personal items, etc. The additional benefits would be offered in exchange for voluntary paid part-time job placement off premises with the City and participating businesses.

The Third-Party Service Provider will have the flexibility of placing a resident or residents into any level of residency based on their need, aptitude, and availability assuming voluntary agreement. Also, the City and participating businesses would have to work with the Third-Party Service Provider to determine what level of voluntary participation would be subject to minimum wage requirements, if any. It is the responsibility of the Third-Party Service Provider to prepare an operations plan along with related policies and procedures for approval by the City and in some cases Tulare County.

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IV. Interim Housing
The campus also features sixteen (16) 350 square feet modular units, with a minimum of one bed, or at full occupancy, two beds each, as part of an interim/transitional housing village on the campus. These units would be available by referral and in partnership with the City, Third-Party Service Provider, County, and other organizations in the community that can provide case management and other services. The intent would be for these units to house particular subsets of the general guest population as funding and needs dictate. Some potential qualifications would be for guests with identified behavioral health needs, families, or other identified attributes that they are actively working with a case manager to address.

Food Preparation and Service for Guests
The City must address new state regulations which requires 20% of the collected green waste and organics to be diverted away from the landfill and returned to consumption.

The City will work with business partners (e.g., dairies, grocers, restaurants, etc.) to determine if any of their green waste and organics can be diverted to the shelter for preparation and consumption by guests. Also, the City will coordinate the delivery of large shipments of supplemental dry goods, fresh fruits, vegetables, and dairy products as donations from non-profit and religious organizations.

The facility will come equipped with a food preparation, pantry and serving area. This includes, but is not limited to, an ice machine, two walk-in refrigerators, one- to two standard stove ovens, food warmers, sinks, and a dish washer. The Third-Party Service Provider will have a meal plan with related costs and how the food will be procured and prepared for 180 guests, involving two (2) warm meals per day and the availability of snacks and beverages through extended hours.

Division of Responsibilities:

CITY THIRD-PARTY SERVICE PROVIDER
Processing Invoices from ThirdParty Service Provider and other food service contractor(s)
Staff, train, operate a food service
team and provide a daily meals
service for 180 guests
Secure / Manage partnerships /
donations for food service
Order and stock all food and
kitchen supplies and organize all
donations
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Purchase and maintain all
Kitchen Equipment
(replacement or substantial
repair)
Clean and maintain all food storage
and kitchen equipment and
supplies
Maintenance and Utilities
The City will retain responsibility for capital maintenance (e.g., roof and fixed equipment replacement, etc.), exterior landscaping, and fencing. The Third-Party Service Provider will be responsible for regular internal maintenance of all items (e.g., painting, pressure washing, filter and light bulb replacement, sweeping, mopping, garbage disposal, etc.).

The City will be responsible for absorbing the cost of water and sewer. The City will also be responsible for all off-campus waste removal. The operator will be responsible for absorbing the cost of electricity.

Division of Responsibilities:

CITY THIRD-PARTY SERVICE PROVIDER
Capital Maintenance to all
buildings and physical
amenities
Minor repair for all equipment, facilities, and painting Exterior Landscaping Pressure Washing of walkways and common guest areas Fencing Replacement of air filters and lighting
Waste Removal Setup and payment of all utilities
Pest Control
Laundry (bedding,
towels, and participant)
Staffing Plan of Third-Party Service Provider
The Third-Party Service Provider will provide all staffing necessary to deliver services and operate the shelter in a safe manner which may include staff at full-time or part-time status as well as the contributions of volunteers. Also, the Third-Party Service Provider will oversee opportunities for guests within the participation and recovery levels of the emergency shelter to support daily operations. In addition, the City will provide a rotation of plain clothes officers and General Services Department staff, to develop relationships and trust with guests in order to maintain order and safety; any calls for service to the shelter would be handled by on-duty officers. The City will also establish a team that will assist in transporting people experiencing homelessness along with any animals and personal items to the shelter as well as food transport and waste and debris removal outside the shelter premises. It is the responsibility of the Third-Party Service Provider to prepare a staffing plan along with related policies and procedures for approval by the City.

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The Third-Party Service Provider may hire, train, and oversee a team of employees for the emergency shelter that includes the following, or comparable, positions:

Job Title / Position Number /
Full Time
Equivalent
Emergency Shelter Director 1.0
Emergency Shelter Manager 1.0
Shelter Coordinators – Intake & Programs 2.0
Shelter Attendants – Daily Operations 2.0
Food Services Manager 1.0
Food Services Assistants 2.0
Case Managers / Housing Navigators 2.0
Facility Maintenance Technician 1.0
Administrative Support Technicians 2.0
Total 14.0
The Third-Party Service Provider must develop a staffing plan that achieves a reasonable and adequate ratio of guests to employees during business hours of 8:00 AM to 5:00 PM five days a week.

Security and Safety
The City is installing an 8’ tall chain link fence with screening around the perimeter of the premises with select gated access points. The facility will come equipped with a video surveillance system which is recorded. The facility will also have metal detectors at the entrance and outdoor lighting throughout. In addition, the on-site plain clothes officers will assist with safety and security. It is the responsibility of the Third-Party Service Provider to prepare a safety plan along with related policies and procedures for approval by the City.

Division of Responsibilities:

CITY THIRD-PARTY SERVICE PROVIDER
Walkthroughs and potential a
regular stationed team of HALO
and/or Tulare Police Department
officers
Safety plan development and
implementation for guests and all
on-site personnel
General Services Department to
provide staffing to support
emergency and safety planning and
implementation
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General Services Department to
provide walkthroughs from Code
Enforcement
General Services Department to
plan, install, and assist with the
maintenance of a security system
including, cameras, metal detectors,
and lighting
Animal Control
A limit of one service animal or companion pet will be accommodated per guest. Guests are expected to keep their pet secure in kennels at all times. Owners of loose animals may be subject to a probation process, and if necessary, a termination of access to the shelter.

The Third-Party Service Provider will be responsible for cleaning the designated kennel area daily and providing staffing to manage the dog kennel area. The City will provide limited veterinary services (e.g., spay and neuter, mandatory vaccinations, wound care, etc.) at its expense.

Division of Responsibilities:

CITY THIRD-PARTY SERVICE PROVIDER
Source and manage the provision of
select Veterinary Services for the
dogs of guests
Source and maintain an appropriate amount
of food, equipment, cleaning supplies, and
other resources related to the care of
participants’ dogs
Oversee and clean the individual portable
kennels and the dedicated space for dogs
Manage adherence to all dog related
protocols among participants
Personal Hygiene and Other Supplies
The facility will have the necessary equipment and supplies to provide 180 beds, mattresses, sheets, pillows, and blankets. The facility will offer commercial laundry equipment, personal storage lockers, and private bathrooms and shower quarters. It is the responsibility of the Third-Party Service Provider to prepare a personal hygiene and supply plan along with related policies and procedures for approval by the City.

Washing Machines and Dryers
The Third-Party Service Provider will be responsible for all aspects of the guest laundry room area which includes, daily oversight of guest usage, stock and provision of laundry detergent and other supplies, and regular maintenance of all washing machines and dryers. The facility will include 8 washing machines and 8 dryers.

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Funding
The City will manage all aspects of the budgeting process, with input from the ThirdParty Service Provider, and solidify the necessary financial obligations related to the operation of the homeless shelter. The City plans to provide approximately $1,500,000 of financing for regular operations and services from a mix of sources, including, but not limited to, federal, state, and local grants, as well as local General Fund Measure “Y” revenue and other sources to the Third-Party Service Provider for personnel and operating expenses. The County of Tulare provided $500,000 to help cover the initial cost of non-fixed assets (e.g., computers, desks, etc.) and other items. The City and the Third-Party Service Provider will prepare a yearly funding plan to refine and project personnel, operating, and other expenses of the shelter as well as to identify and secure the necessary philanthropic contributions, sponsorships, and competitive and/or direct allocation grants at the state and/or federal level.

Financial Management & Budgeting Process
The Third-Party Service Provider shall deliver to the City any and all documents and records demonstrating or relating to its performance of services pursuant to a future Agreement, including, without limitation, any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by the ThirdParty Service Provider pursuant to this Agreement. a. City shall pay invoices, deposit monies, maintain financial records and report on financial incomes and expenditures in a manner similar to any other City Department with the exception of staffing and payroll expenditures. b. The Third-Party Service Provider shall have authorizing signature rights for incoming invoices, with expenditure invoices being reviewed by the City. c. The City has the right to conduct periodic unscheduled audits to compare receipts, sales, cash and/or charges with accounting/ financial records. d. The Third-Party Service Provider shall maintain a payroll account with a balance not to exceed one- and one-half months of anticipated Payroll expenses and provide City with financial documentation to maintain budget records during the fiscal year.
e. The Third-Party Service Provider shall submit recommendations and/or modifications associated with all Operations, Maintenance and Capital Budgets to City's designated staff and work together with staff in creation and presentation of budgets, as part of the City budget process.

Version as of May 29, 2025

Division of Responsibilities:

CITY THIRD-PARTY SERVICE PROVIDER
Create operating budget and funding plan Assist with the development of an annual operating budget and funding plan
Review and process all invoices Prepare complete and accurate invoice packages
Serve as grants administrator for all
competitive and/or direct allocation
awards from the state and federal
government
Prepare and submit payroll statements
on a monthly basis
Identify and secure philanthropic and grant
contributions; and lobby elected officials
for financial support
Leverage board, management, and
accounting staff to develop and
implement a financial management plan
and accounting approach for applicable
personnel and operating expenses
Prepare monthly expenditure and
reconciliation reports for City Management
and City Council
Identify and secure sponsors, donations,
and other in-kind contributions
F. THIRD-PARTY SERVICE PROVIDER PLANNING AND PREPARATIONS The following items and overall content of this document is not exhaustive of the expectations the City may require of the Third-Party Service Provider but shall serve as the starting point for contract negotiations.

1. Research and Learning
a. The Third-Party Service Provider board members and all staff assess and improve practices and outcomes within their existing shelter services (men’s and women’s programs) as necessary and feasible. b. The Third-Party Service Providerreview and complete assessments and action plans from National Alliance to End Homelessness on subjects including, but not limited to, the following:
• Role of emergency shelter in the crisis response system; • Adoption of housing first approach;
• Diversion;
• Immediate and low-barrier access to shelter;
• Housing focused and rapid exit services; and,
• Using our data to measure outcomes and improve
performance.
c. Provide a copy of all staff assessments and a written debrief on any changes to existing services and/or performance improvements.

Version as of May 29, 2025

d. The Third-Party Service Provider develop and implement a training plan for all board members and staff that will cover the following topics and others as identified by City staff at least 90 days before the new shelter’s opening date and within 60 days of hiring for all new hires. • Housing First Approach
• Trauma Informed Care
• Low-Barrier Shelter Model
• Motivational Interviewing
• Harm Reduction
• Homeless Management Information System (Kings United
Way)
• Mental Health First Aid
• Conflict Resolution and De-escalation
• VI-SPDAT and Coordinated Entry practices
• Documentation & Record keeping
• Cultural humility, sensitivity, or related equality training • First aid and CPR (unless current certification is already in place; refreshed as necessary to ensure outreach staff maintain certification)
• NARCAN (naloxone HCI) administration
• Mandated reporter training.
e. The Third-Party Service Provider permit and schedule two (2) on-site monitoring sessions of their existing emergency shelter services and facilities between approval of this term sheet and December 2025. This will include a tour of all facilities, an interview of several paid employees, and with consent, an interview of several participants / clients, and a review of policies and procedures and data on shelter outcomes.

Version as of May 29, 2025

2. Integration and Coordination with local Continuum of Care Agency:
a. Third-Party Service Provider/shelter staff are part / has been part of the planning process for the Tulare-Kings Continuum of Care (CoC) Agency and our regional coordinated entry system (CES). b. Includes establishing and maintaining partner agency status with the CoC.
c. Third-Party Service Provider/shelter staff will receive referrals through the local CES.
d. Third-Party Service Provider/shelter staff will ensure appropriate data collection and entry into the region’s Homeless Management Information System (HMIS) including all necessary universal and common data elements for shelter participants.
e. Includes establishing and maintaining enough HMIS user licenses and familiarity with appropriate data collection and entry practices. f. Third-Party Service Provider/shelter’s goals are aligned with the community’s goals to end homelessness.

3. Integration and Coordination with Tulare County Health and Human Services Agency:
a. Third-Party Service Provider / shelter staff are part / has been part of the planning process for the Tulare County Homelessness Task Force. b. Includes establishing and maintaining regular participation in task force meetings, trainings, and coordination efforts.
c. Third-Party Service Provider / shelter staff will, if not already done so, will meet and develop a coordination plan with the “Community Coordination Team” within the HHSA. This multidisciplinary team will help participants with their benefit status, reviewing eligibility, assist in applying for benefits, and provide linkage to programs and services offered by Tulare County HHSA. Services include but are not limited to MediCal, CalFresh, General Assistance, WIC, substance use disorders (SUD) support, behavioral health care, physical health care, vaccines, and similar social safety net programs. The team will also provide access to free notary services to assist with obtaining documents vital to housing success.

G. EMERGENCY SHELTER MISSION, GOALS, AND OUTCOMES
Third-Party Service Provider will recognize and adhere to the Council approved mission statement and related goals, objectives, and outcomes for the emergency shelter campus reviewed and adopted in December 2024. The current mission statement and measurable goals, objectives, and outcomesfor the emergency shelter campus are as follows:

Version as of May 29, 2025

1. Mission Statement
a. “City will strive to maintain a shelter in order to reasonably provide a humane, safe, and clean public facility for Tulare based individuals experiencing homelessness to reside, address basic needs, and use services intended to address their physical health, behavioral health, employment, social welfare, and/or housing outcomes.”

2. Goals and Objectives
a. Reduce the number of homeless individuals living unsheltered and encamping on public and private property throughout the City. b. Provide eligible guests with adequate sustenance, sleeping, communal, storage spaces, and hygiene facilities.
c. Provide staff training and appropriate on-site personnel to identify, mitigate, and prevent acts of theft, vandalism, verbal and physical harassment, alcohol use, drug use, and violence.
d. Conduct regular inspection, janitorial, and maintenance services on all shelter areas, buildings, and equipment.
e. Provide eligible guests with on-site services including, but not limited to, enrollment into the Coordinated Entry System, awareness of Continuum of Care organizations and their resources, case management, and housing navigation.
f. Provide eligible guests with coordination and connection to on- or offsite services including, but not limited to, social welfare programs, jobtraining and employment placement, physical healthcare, and behavioral healthcare.
g. Facilitate sustainable exits to interim and/or permanent housing for guests.
h. Identify and mitigate factors that cause guests to exit the facility and return to an unsheltered living situation.
i. Develop and maintain an effective and efficient operating budget. j. Develop and implement effective policies and procedures for operations.
k. Develop and maintain effective partnerships with other organizations.

3. Outcomes
a. A year-to-year reduction in the number of homeless / unsheltered individuals living in the City of Tulare by way of Point-In-Time Count results.
b. Track and observe a reduction in the number of calls in the City for service, cleanups, and code enforcement actions related to homeless individuals.
c. Daily access to two (2) nutritional meals, an assortment of snacks, and drinks for all guests (2,400 calories per day).
d. Biannual staff training in de-escalation, motivational interviewing, trauma informed care, and other competencies.

Version as of May 29, 2025

e. Number of Involuntary exits related to a violation of rule(s) equals less than 20 percent of the total number of guests annually. f. Operable and sanitary bed, hygiene, office, and communal facilities. g. 60 percent or more of all guests each year achieve enrollment in the Coordinated Entry System and participate in case management and housing navigation service.
h. 30 percent or more of all guests each year utilize one or more of the advertised and available social, physical healthcare, or behavioral healthcare services.
i. 25 percent or more of all guests each year will exit to interim or permanent housing.
j. 25 percent or less of all the exits of guests in given year will involve a return to an unsheltered living situation.
k. Total expenditures each year will remain within 75 percent of the annual operating budget plan;
l. Surveys of community stakeholders and guests will indicate an approval rating of over 50% of all respondents.

H. EMERGENCY SHELTER POLICIES AND PROCEDURES
a. The Third-Party Service Provider will review policies and procedures documents of existing emergency shelters within Tulare, Fresno, or Kern Counties (minimum of two) of comparable capacity (100 people) and samples from Org Code Consulting Inc. or the National Alliance to End Homelessness b. The Third-Party Service Provider will provide a written debrief report to City Management on findings from a review of policies and procedures c. The Third-Party Service Provider will develop policies and procedures informed by program principles and objectives that include, but are not limited to, the following provisions:
• Expectations of All Employees
• Values
• Participant Eligibility
• Serving People who are registered sex offenders
• Housing Focus
• When New Guests Arrive – a) diversion, b) intake, c) orientation to complex and services, d) housing plan.
• Returning and Perpetual Guests – a) early access b) housing plan • Voluntary Labor – participants may not perform any duty that an employee is paid to complete or a task where one would reasonably expect employment law to apply (for example – a guest may not clean floors, do laundry, take out trash, etc., where there is the possibility of what may construed as a workplace injury).

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• Establishing Expectations While in Shelter
• Assigning a Bed
• Meals – at least two per day – breakfast and dinner
• Medications
• Cigarette/Outdoor Breaks
• Guest Belongings
• Dogs / Companion Animals, including limiting number of animals per guest
• Mail
• Harm Reduction Strategies
• Engagement & Communication
• Shelter Guest Meetings
• De-escalation of Conflict
• Illness and Death of Guests
• Homeless Management Information System
I. INSURANCE AND INDEMNIFICATION
Insurance Requirements
Third-Party Service Provider, at Provider’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.

1. Workers' Compensation Insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

2. Commercial General Liability Insurance, in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form.

3. Comprehensive Auto Liability coverage, including (as applicable) owned, nonowned and hired autos in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.

4. The City of Tulare City Manager is hereby authorized to adjust the requirements set forth above in the event he/she determines that such adjustment is in the City’s best interest.

If Third-Party Service Provider maintains higher limitsthan the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Provider.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

Indemnification. To the fullest extent allowable by law, Third-Party Service Provider agrees to indemnify, defend and hold harmless the City and Tulare County, its officials, officers, employees, agents and volunteers from and against all claims, demands, Version as of May 29, 2025

actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City and Tulare County or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Provider’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Providers responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s or Tulare County’s sole or active negligence or willful acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement. If Provider maintains additional coverage or higher limits than those required herein, then City and Tulare County shall be entitled to additional coverage or higher limits maintained by Provider.

J. MISCELLANEOUS
The Third-Party Service Provider will need to conduct a biannual report to the Tulare City Council.

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Exhibit “A”
Ground Lease between the County of Tulare and City of Tulare

Term: July 1, 2025 to June 30, 2026
Funding Source: General Fund (incl. Measure Y), CDBG, BHBH*, Housing Successor* Program Component: Operational Budget Estimate
Assumption of the emergency shelter opening in March 2026 Sources Total Amount
Available Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 City - General Fund $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - City - Measure Y $ 900,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 Federal Grant - Community Development Block Grant
(CDBG) 2025 $ 106,000.00 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 State / County Grant - Behavioral Health Bridge Housing (BHBH) 2025-2026 $ 365,377.50 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 City Grant Fund - Housing Successor $ 125,000.00 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Total: $ 1,496,377.50 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 Classification Monthly Cost Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Personnel - Emergency Shelter Director (1.0) FTE
$ 8,800.00
$ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 Personnel - Emergency Shelter Manager (1.0) FTE
$ 6,080.00
$ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 Personnel - Shelter Coordinators (2.0) FTE - Intake &
Programs $ 9,600.00
$ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 4,800.00 $ 57,600.00 $ 115,200.00
Personnel - Shelter Attendants (2.0) FTE - Shelter Operations - Logistics $ 9,600.00
$ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 Personnel - Food Services Manager (1.0) FTE
$ 5,280.00
$ 5,280.00 $ 5,280.00 $ 5,280.00 $ 5,280.00 $ 5,280.00
$ 63,360.00
Personnel - Food Services Assistants (2.0) FTE
$ 7,040.00
$ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00
$ 84,480.00 $ 28,160.00
Personnel - Case Managers / Housing Navigators (2.0) FTE $ 9,600.00
$ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 115,200.00 $ 57,600.00
Personnel - Facility Maintenance Technicians (1.0) FTE
$ 3,520.00
$ 3,520.00 $ 3,520.00 $ 3,520.00 $ 3,520.00 $ 3,520.00
$ 42,240.00
Personnel - Administrative Support Technicians (2.0) FTE $ 7,040.00
$ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00
$ 3,520.00 $ 42,240.00
Subtotal - (14.0) FTE with Primary Service Provider /
Shelter Operator $ 66,560.00
Operating - Insurance (Primary Service Provider / Operator) $ 2,916.67 $ 2,916.67 $ 2,916.67 $ 2,916.67 $ 2,916.67 $ 2,916.67 Operating - Utilities (eletricial, waste, sewer, water) $ 13,333.33 $ 13,333.33 $ 13,333.33 $ 13,333.33 $ 13,333.33 $ 13,333.33 NOTES
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on City recreational facilities -
Community Services Dept.

Obligation of General Fund, such as reserve, to
be determined
FY 2025 and FY 2026 anticipated revenue to be
determined
Source tied to supportive services and specific
number of interim housing beds; Not general
operating costs; Contingent on County
approval of an eligible plan for funds
FY 2025 and FY 2026 anticipated revenue to be
determined; A cap exists on amount of funds
obligated to non-affordable housing
development activities
NOTES
$105,600 salary / benefits; Assumption of
hiring management months ahead of planned
opening
$72,960 salary / benefits; Assumption of hiring
management months ahead of planned
opening
$57,600 salary / benefits; Assumption of hiring
program staff at least 1-2 months before
opening
$57,600 salary / benefits; Assumption of hiring
program staff at least 1-2 months before
opening
Tulare Emergency Shelter Campus
12 Month Operating Pro-Forma and FY 2025-2026 Estimates Notes:
$63,360 salary / benefits; Assumption of hiring
food service staff at least 1 month before
opening
$42,240 salary per FTE; Assumption of firding
food service staff at least 1 month before
opening
$57,600 salary / benefits; Assumption of hiring
program staff at least 1-2 months before
opening
$42,240 salary; Assumption of hiring facility
and administrative support staff 1 month
before opening
$42,240 salary per FTE; Assumption of hiring
facility and administrative support staff 1
month before opening
Permits / Licences $ 83.33 $ 83.33 $ 83.33 $ 83.33 $ 83.33 $ 83.33 Phone, Internet, Software, and Related Equipment $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 Animal Services, Supplies, and Maintenance $ 14,583.33 $ 14,583.33 $ 14,583.33 $ 14,583.33 $ 14,583.33 $ 14,583.33 Laundry Service, Supplies, and Maintenance $ 10,833.33 $ 10,833.33 $ 10,833.33 $ 10,833.33 $ 10,833.33 $ 10,833.33 Daily Maintenance Costs and Cleaning Supplies $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 Office Supplies, Equipment, and Uniforms $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 Shelter Van, Maintenance, Fuel, and Insurance $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 Security Operations - Incl. guard(s), cameras, metal
detector, and related software $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Professional Services and Training $ 3,333.33 $ 3,333.33 $ 3,333.33 $ 3,333.33 $ 3,333.33 $ 3,333.33 Production of Food and Beverages $ 62,500.00 $ 62,500.00 $ 62,500.00 $ 62,500.00 $ 62,500.00 $ 62,500.00 Kitchen Supplies and Other Non-Perishable Food Items $ 5,833.33 $ 5,833.33 $ 5,833.33 $ 5,833.33 $ 5,833.33 $ 5,833.33 Kitchen Maintenance and Cleaning (Labor & Supplies) $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 Hygiene (Bathrooms / Showers) Supplies and Maintenance $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Pest Control $ 416.67 $ 416.67 $ 416.67 $ 416.67 $ 416.67 $ 416.67 Landscaping $ 208.33 $ 208.33 $ 208.33 $ 208.33 $ 208.33 $ 208.33 Capital Maintenance - all buildings and systems $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 Subtotal - Operating Costs $ 154,875.00
Total Monthly Expenses $ 221,435.00 $0.0 $0.0 $0.0 $8,800.0 $8,800.0 $14,880.0 $43,680.0 $221,435.0 $221,435.0 $221,435.0 $221,435.0 $221,435.0 Total Annual Expenses $ 2,657,220.00
Approximate Unfunded Balance - 12-Months of Expenses $ (1,160,842.50) *Total estimated revenue subracted by total expenses in a 12-month period Approximate Unfunded Balance - FY 2025-2026 Only $ (283,335.00) *Only Measure Y revenue (excluding grant revenue given their specific use and pending approval) subtracted by only projected expenses from October 2025 to June 2026 Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate involves a commercial kitchen and
per meal cost based on City's senior service
lunch program; Includes 2 meals daily,
snacks, and drinks
Estimate derived from City's senior lunch
program, includes kitchen equipment,
utensils, food containers, cutlery, and food
pantry items
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on a third-party laundry
service for all linens, towels, and uniforms;
Includes supplies and maintenance costs for
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on vehicle purchase (10+
passenger van), insurance, fuel, and
maintenance costs
Estimate involves a commercial kitchen and
associated regular maintenance, supplies,
and biannual third-party deep cleaning
Estimate based on City Animal Shelter /
Services - Community Services Dept.; includes
range of basic veterinarian treatment for all
Staff Report
Meeting: City Council
Date: June 3, 2025
Department: City Manager
Submitted by: Thomas W. Gaffery IV, Assistant City Manager Agenda Title: Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement

RECOMMENDED ACTION
Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street.

SUMMARY
October 2022 Map Approval and Traffic Study Requirement On October 24, 2022, the Planning Commission adopted Resolution 5435 approving the tentative subdivision map for Fulton Estates. As part of the entitlement process, a traffic impact study (TIS) was prepared. Intersection improvements were determined to be necessary in conjunction with any project phase that constructed a roadway connection to Oakmore Street, thereby resulting in a direct impact to the intersection. Accordingly, the Engineering Department’s conditions of approval for the Fulton Estates subdivision required the following:
“a) No certificates of occupancy shall be issued for either Phase 2 or Phase 3 of the proposed project prior to completion of intersection improvements at Tulare Avenue and Oakmore Street.

An Intersection Control Evaluation (ICE) study subject to the review and approval of Caltrans is required to determine what those improvements will be.” The Caltrans ICE process has since been replaced by the “Intersection Safety and Operational Assessment Process” (ISOAP).

January 2025 Potential Oakmore Street Realignment
On January 21, 2025, staff made a presentation to City Council regarding planned transportation improvements in southeast Tulare. Staff identified an alternative to realign the Oakmore Street major arterial corridor eastward to intersect State Route 137 at the Road 126 alignment. In recent discussions with Caltrans regarding the Fulton Estates ISOAP, they agreed in principle that this was an option they would consider. They further agreed that knowing that such a realignment was planned could impact the scale of the improvements they would analyze in the ISOAP.

April 2025 Developer Request
At the April 1, 2025 City Council meeting, staff sought direction on a request from the developer. The Developer is concerned that the time required to complete an ISOAP will impact their ability to move forward with Phase 2 of the Fulton Estates subdivision, which would create a roadway connection to Oakmore Street. The request included certain improvements to SR-137 (Tulare Avenue), Oakmore Street, temporary egress traffic controls from the new development, and funding for the ISOAP study.

Staff provided information on the ISOAP process, Caltrans’ ultimate authority on determining the required improvements on SR-137, financial risk to the City in the event Caltrans’ required improvements are beyond those the developer has currently agreed to, and liability risk to the City if Certificates of Occupancy are issued prior to the completion of roadway improvements identified in the ISOAP.

Based on the discussions from the April 1, 2025 City Council meeting, staff were directed to work with the developer on a proposed Agreement and return to Council.

Item #: 13.2
General Business
Consideration
Attached is a Deferred Improvement Agreement between the City and the developer.

FISCAL IMPACT & FUNDING SOURCES
Fiscal impact has yet to be determined.

LEGAL REVIEW
The Agreement has been reviewed by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with Changes

2. Provide Staff Direction

3. Deny

4. Table

ATTACHMENTS

1. Agreement
Reviewed/Approved: TG

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274
Space above this line reserved forrecorder's use.

DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY OF TULARE AND

QUEST EQUITY LLC
THIS DEFERRED IMPROVEMENT AGREEMENT (“Agreement”) is entered into as of June 3, 2025 by and between Quest Equity LLC, a Nevada Limited Liability Company (“Developer”), and the City of Tulare, (“City”). There are no other parties to this Agreement.

RECITALS
A. Developer represents that, as of the recordation of this Agreement, it will have the legal or equitable interest to land consisting of approximately 17.18 gross acres, comprised of four parcels APN 172-030-44, -45, -46, -47 as shown on the attached map attached hereto as Exhibits A.1 and A.2, which is incorporated herein by reference, and more particularly described in Exhibit B, which is incorporated herein by reference (“Property”).

B. On October 24, 2022, the City of Tulare Planning Commission adopted Resolution No. 5435, approving the Fulton Estates Tentative Subdivision Map and related conditions of approval, which set forth the infrastructure obligation and conditions related to the development and build out of approximately 185 residential lots to be developed in two phases and a commercial parcel to be developed in a third phase located at the southwest corner of State Route 137 (“SR 137”) and Oakmore Street (the “Project”).

Resolution No. 5435 is attached and incorporated hereto as Exhibit C.

C. With regard to Opening Day Improvements (as defined below) to the intersection of SR 137 and Oakmore Street required to mitigate Project impacts, the following conditions, which are set forth in an August 19, 2022 Caltrans letter, are included in Resolution No. 5435:
14) Caltrans recommends that the project construct opening day improvements to mitigate impacts at the SR 137/Oakmore Street intersection.
16) #16 Caltrans requires the Project to analyze all potential intersection improvement solutions, at the SR 137 /Oakmore Street intersection, in accordance with the Traffic Operations Policy Directive No. 13-02, dated: August 30, 2013.
17) #17 Any project that may require employing full control at state highway intersections (for example: to control all approaching traffic via use of signal, stop or yield control) must consider all three intersection control strategies (stop, roundabout and signal) and the supporting design configurations per the Intersection Control Evaluation (ICE) guidelines. ICE establishes a context and performance-based evaluation process to produce engineering recommendations on intersection traffic control strategies and geometric configurations for location specific

needs and conditions. Any project opening day mitigation at an intersection must be evaluated per the ICE procedure. This new policy will affect the engineering process to determine the intersection improvement on State Route (SR) 137. The Traffic Operations Policy Directive No. 13-02 can be found at http://www.dot.ca.gov/hq/traffops/policy/ 13-02.pdf. The ICE requirements can be found on the Caltrans website: http://www.dot.ca.gov /ha/traffops/liaisons/ice. html.
18) If a roundabout is not chosen as the preferred intersection control strategy, Caltrans anticipates the Project will need to construct the following improvements at the SR 137/Oakmore intersection as mentioned in the Chapter 4 of the TIS:
a. eastbound left, thru and right turn lanes,
b. northbound left and thru/right turn lanes.
19) If a roundabout is not chosen as the preferred intersection control strategy, Caltrans also requires the Project to provide a westbound and eastbound left-turn lane and protected left-turn phasing on SR 137 to southbound and northbound Oakmore Street. 20) Caltrans requires the Project to construct highway frontage improvements including curb and gutter, and a minimum 6-foot (10-foot preferred) sidewalk along SR 137. The back of the sidewalk should match the TCR ultimate transportation concept (UTC) for SR 137.

D. Subsequent to the Project Approvals (as defined below), City determined that it would pursue a realignment of the Oakmore Street arterial corridor to the Road 126 alignment. In such instance, it is anticipated that the existing segment of Oakmore Street from SR 137 to the southern boundary of the Project would be retained as a collector standard roadway. This change created uncertainty in Caltrans’ requirements for the intersection of SR 137 and Oakmore Street.

E. The City finds the development of the Project in accordance with this Agreement, the Project Approvals, and Subsequent Approvals (as defined below) will provide for orderly growth within the City consistent with the goals, policies and provisions of the General Plan.

F. In exchange for these benefits to the City, together with the public benefits that will result from the development of the Project pursuant to the Conditions of Approval (as defined below), Project Approvals, and Subsequent Approvals, Developer seeks assurance that it may proceed with the development of the Project in accordance with the terms and conditions of this Agreement.

G. The City, after conducting all duly noticed public hearings, has found that this Agreement is consistent with the General Plan and Zoning Code.

AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS
“Agreement” means this Development Agreement entered into by and between the City and Developer and any subsequent amendments or modifications related to the development known as Fulton Estates Tentative Subdivision, Phase 1 and 2, and commercial development. “City” shall mean the City of Tulare, a California municipal corporation. “City Council” shall mean the City Council of the City of Tulare.

“City Manager” shall mean the City Manager of the City of Tulare. “Conditions of Approval” shall mean the consolidated conditions of approval for the Project as set forth in City of Tulare Planning Commission Resolution No. 5435, attached and incorporated hereto as Exhibit C. “Intersection Improvements” is defined in Section 3.03 of this Agreement. “ISOAP” shall mean the Intersection Safety and Operational Assessment Process. “Opening Day Improvements” is defined in Section 3.03 of this Agreement. “Project Approvals” shall mean the Tentative Subdivision Map approval, Final Map Approval, Commercial Building Permit, and any and all other permits, licenses, consents, rights and privileges, and other actions approved or issued by City in connection with development of the Property on or before the Effective Date, including but not limited to site plans, infrastructure improvement plans, approval of a community facilities district, and grading and building-related permits, as well as all associated environmental documentation and mitigation measures pursuant to the California Environmental Quality Act.
“Subsequent Approvals” shall mean all future entitlements sought by Developer, or their successors/transferees in interest that are required for the Project’s development.

Other Miscellaneous Terms. For the purposes of this Agreement, the singular shall include the plural; the masculine gender shall include the feminine; “shall” or “will” are mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

ARTICLE 2. EFFECTIVE DATE AND TERM
Section 2.01. Effective Date and Term. This Agreement shall become effective as of June 3, 2025 (“Effective Date”) and shall expire on June 2, 2035.

ARTICLE 3. OBLIGATIONS OF DEVELOPER
Section 3.01. Obligations of Developer Generally. In consideration of the City entering into this Agreement, Developer agrees that it will comply with this Agreement and with all Project Approvals for Opening Day Improvements related to the Project. Developer agrees that an express condition to City’s issuance of any permits to or for the benefit of the Project shall be the construction of those public infrastructure improvements that are required through this Agreement. The parties acknowledge and agree that City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long-term covenants and obligations, as set forth herein.

Section 3.02. ISOAP. Developer shall prepare for Caltrans’ review and approval an ISOAP to study the intersection of SR 137 and Oakmore Street.

Section 3.03 Intersection Improvements. Prior to the issuance of building permits for the commercial portion of the Project on the approximately 1.8-acre portion of the Property shown on Exhibit A.2 as Remainder Parcel of Parcel Map 5423 (the “Commercial Phase”), Developer agrees to obtain an encroachment permit from Caltrans and construct intersection improvements to the SR 137 and Oakmore Street intersection (“Intersection Improvements”) and any other improvements required by Caltrans as determined in the ISOAP (collectively, “Opening Day Improvements”). The parties agree that Developer

will be responsible for a pro rata share of Opening Day Improvements based upon the ISOAP and a nexus study that determines the proportionate fair share of the costs of the improvements and right of way acquisition made necessary by the development of the Project in accordance with the Mitigation Fee Act, the Subdivision Map Act, the Fifth Amendment to the United States Constitution, and the United States Supreme Court’s decision in Sheetz v. County of El Dorado (2024) 601 U.S. 267). The City hereby acknowledges and agrees that the residential portions of the Project are permitted to be constructed before Caltrans approves the ISOAP and before any Opening Day Improvements are commenced or completed.

The parties agree that, regardless of whether building permits are issued for the Commercial Phase, Developer shall obtain an encroachment permit from Caltrans and construct Opening Day Improvements within ten (10) years of the Effective Date. The City hereby acknowledges and agrees that, if the ISOAP determines no improvements are required, then Developer has no further obligations under this Section

3.03. Section 3.04 Commercial Parcel. Developer agrees that development of the Commercial Phase of the Project will not commence until after construction of any Intersection Improvements required by Caltrans per the ISOAP study. If the ISOAP study concludes no Intersection Improvements are needed, then the parties agree construction of the Commercial Phase of the Project may commence immediately.

Section 3.07. Indemnification.

A. Indemnity.
(1) Developer shall indemnify, defend, and hold harmless City and its elected or appointed officials, officers, employees, agents, representatives, and independent contractors (collectively “Indemnified Parties”) from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which the Indemnified Parties, or any of them, may sustain or incur as a consequence of or in any way related to Developer’s negligent performance, willful misconduct, or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement, including, without limitation, the design and construction of infrastructure improvements required pursuant to this Agreement, Conditions of Approval, the Project Approvals, or Subsequent Approvals.
(2) Developer’s obligation to indemnify, defend, and hold harmless shall survive expiration or termination of this Agreement.
(3) Nothing in this section shall be construed to mean that Developer shall defend, indemnify, release or hold harmless the Indemnified Parties from any claims of personal injury, death or property damage arising from the Indemnified Parties’ negligence or willful misconduct. (4) Following the execution of an Assignment and Assumption Agreement in connection with a transfer concerning less than the entire Property (an “Assignee’s Property”), owners of the resulting portions of the Property (an “Assignee”) shall be severally, but not jointly, liable for Developer’s obligations under this section only to the extent that such obligations relate to their respective portions of the Property. The Assignment and Assumption Agreement shall allocate responsibility for any remaining Opening Day Improvements. Notwithstanding the foregoing, in no event shall (i) an Assignee be liable for Developer’s failure to construct, or timing or delay in constructing, the Intersection Improvements, and (ii) an Assignee that is a homeowner bear any liability hereunder.

B. Attack of Proceedings. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold harmless the Indemnified Parties, and each of them, from any claim, action, or proceeding against the Indemnified Parties, or any of them, to attack, set aside, void, or annul an approval

of City of this Agreement, Project Approvals, Subsequent Approvals, or any other approval required for development of the Project.

C. Effect of Insurance. Developer's obligation to defend, indemnify and hold the Indemnified Parties, and each of them, harmless under the provisions of this section is not limited to or restricted by any requirement in this Agreement for Developer to procure and maintain insurance coverage.

D. Defense of Claim. If any such claim, action, or proceeding is brought against the Indemnified Parties, or any of them, Developer shall, at City’s election, defend City at Developer’s sole expense by counsel satisfactory to City or, upon demand, pay any and all of City’s legal fees should City elect to utilize its own legal counsel.

E. Notice of Claim. City shall promptly notify Developer of any claim, action, or proceeding against the Indemnified Parties, or any of them, relating to the performance, or omission to perform, any term or condition of this Agreement. The Indemnified Parties shall cooperate fully in the defense of such claim, action, or proceeding.

Section 3.08. Insurance. Prior to commencement of work, Developer will, during the remaining term of this Agreement, satisfy the insurance requirements set forth in the attached Exhibit D, which is incorporated herein by reference.

ARTICLE 4. OBLIGATIONS OF CITY
Section 4.01. Obligations of the City Generally. For consideration of Developer entering into this Agreement, City agrees that it will comply with the terms and conditions of this Agreement.

Section 4.02. Residential Approvals and Permits. In connection with Phase Two (2) of the Project, the City shall allow the approximately fifteen (15) acres within parcels 2, 3, and 4 of Parcel Map 5423 to be developed with approximately eighty six (86) homesites (“Residential Phase 2”). The City shall not condition permits, licenses, consents, rights, privileges, and other approvals needed to complete development of Residential Phase 2 of the Project, including but not limited to building permits and certificates of occupancy for each homesite, on Caltrans’ approval of the ISOAP or construction of the Intersection Improvements. The parties agree that Residential Phase 2 shall be responsible only for the frontage improvements along SR 137 and Oakmore Street that abut the parcels contained within Residential Phase 2. The City agrees that, in connection with development of Residential Phase 2, Developer and its successors and assigns are not responsible for and are hereby released from any other Conditions of Approval related to the ISOAP or the Intersection Improvements.

Section 4.03. Commercial Approvals and Permits. After construction of any Intersection Improvements required by Caltrans per the ISOAP study, City shall promptly review plans and promptly approve and issue any and all permits, licenses, consents, rights and privileges, and other approvals needed to complete development of the Commercial Phase of the Project, including but not limited to issue building permits for the Commercial Phase. For the purposes of this section, “prompt” review shall mean providing comments or a final decision within thirty (30) days, or sooner if practicable.

Section 4.04. Reimbursement. The parties agree that Developer is only responsible for the Project’s fair share of the costs of any traffic improvements constructed by or paid for by Developer. The City agrees that, to the extent the costs of improvements constructed by or paid for by Developer exceed the Project’s fair share as determined by a nexus study after the ISOAP is complete, the City shall reimburse Developer consistent wih the City’s existing practice for reimbursements from development impact fee accounts. This fair share reimbursement obligation includes, without limitation, any costs of the Opening Day Improvements (which include any Intersection Improvements) identified in Section 3.03 of this Agreement.

The City shall reimburse Developer for costs that exceed the Project’s fair share regardless of whether the improvement is part of the City’s fair share impact fee program for reimbursements for arterial/collector streets and intersections. If the improvement is not part of an existing fair share impact fee program, Developer’s fair share shall be based on a nexus study that determines the proportionate fair share of the costs of the improvements made necessary by the development of the Project in accordance with the Mitigation Fee Act, the Subdivision Map Act, the Fifth Amendment to the United States Constitution, and the United States Supreme Court’s decision in Sheetz v. County of El Dorado (2024) 601 U.S. 267).

Developer acknowledges that it will be Developer’s sole responsibility to determine whether prevailing wages must be paid as a result of City’s reimbursement to Developer hereunder, and Developer will satisfy all statutory prevailing wage requirements set forth in Labor Code Section 1720, et seq. to the extent they are applicable.

Section 4.05. Protection of Vested Rights. Subject to and during the term of this Agreement, Developer shall have a vested right to develop the Property in accordance with the Project Approvals and this Agreement. Development impact fees remain a condition of building permit issuance and are not be impacted by any vesting rights. To the maximum extent permitted by law, City shall not impede or interfere with the vested rights provided by this Agreement to Developer over the term of this Agreement.

Section 4.06. Quitclaim of Agreement. Upon approval and acceptance by Caltrans of required SR 137 improvements or upon a determination based on the ISOAP that no improvements are required, City shall quitclaim and record a release on the Property.

ARTICLE 5. COOPERATION - IMPLEMENTATION
Section 5.01. Processing Application for Subsequent Approvals. By granting the Project Approvals and entering into this Agreement, City has determined that, as to the aspects of the Project covered by the Project Approvals, the Project’s contributions to public improvements address the Project’s impacts and are in the best interests of the public health, safety and general welfare. Accordingly, City shall not impose any additional discretionary conditions with respect to matters covered by the Project Approvals.

Notwithstanding such limitation, City shall enforce the Conditions of Approval of Resolution 5435, and, if a Subsequent Approval involves the exercise of discretionary authority by City, City shall not be prevented from imposing conditions of approval in the exercise of such authority.

ARTICLE 6. AMENDMENT
Section 6.01. Amendment of This Agreement. This Agreement may be amended from time to time by mutual written consent of the parties hereto or their successors in interest in accordance with Government Code Sections 65865.1, 65867, 65867.5 and 65868. Notwithstanding the foregoing, City agrees to allow minor modifications to this Agreement with approval from the City Manager, provided that the modifications are in substantial conformance with this Agreement and the Project Approvals or any approved amendments to the Project Approvals, as determined by the City Attorney. Minor modifications shall not require approval by the Planning Commission or the City Council.

ARTICLE 7. ASSIGNMENT, TRANSFER AND NOTICE
Section 7.01.

A. Developer shall have the right under this Agreement to assign its rights, interests, and obligations hereunder, and they may be transferred, sold, or assigned in conjunction with the transfer, sale, or assignment of all or a portion of the Property at any time during the term of this Agreement. However, no transfer, sale, or assignment of all or any portion of the rights, interests or obligations hereunder shall occur

without the prior written notice to City and approval by the City Council, which approval shall not be unreasonably withheld or delayed. The City Council shall consider and decide the matter after written notice is provided to the City Manager by Developer, and receipt by the City Council of all necessary documents, certifications, and any other information reasonably required by the City Council to decide the matter.

Approval by the City Council shall be for the purposes of: (i) providing written notice to City; (ii) assuring that all obligations of Developer are allocated as between Developer and the proposed purchaser, transferee, or assignee if any obligations are being retained by Developer; (iii) assuring City that the proposed purchaser, transferee, or assignee is capable of satisfactorily performing the obligations hereunder; and (iv) assuring City that if only a portion of the rights, interests, and obligations hereunder are being transferred, sold, or assigned, said transfer, sale, or assignment will not interfere with the orderly development of the Project as established herein.

B. If Developer seeks to transfer, sell, or assign all or a portion of the rights, interests, and obligations of Developer hereunder, Developer’s assignee shall execute a document (“Assignment and Assumption Agreement”) reasonably satisfactory to City through which Developer and assignee acknowledge allocation of responsibilities hereunder. Upon the City Council’s approval of an Assignment and Assumption Agreement, Developer shall, except as otherwise provided herein and/or except for obligations expressly retained by Developer, be released from its obligations under this Agreement with respect to the portion of the Property being transferred, sold, or assigned. Developer will remain responsible under this Agreement to the extent that Developer’s responsibilities are not assigned to and assumed by an assignee or successor-in-interest of Developer.

C. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land, and the benefits and burdens shall, except as otherwise provided herein, bind and inure to the benefit of all successors-in-interest to the parties in accordance with the provisions of Section 65868.5 of the California Government Code. Each and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary hereof and a party hereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all duties and obligations of Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred to it.

ARTICLE 8. DEFAULT; REMEDIES; TERMINATION
Section 8.01. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), shall constitute a default (“Default”) under this Agreement. Any notice given pursuant to the preceding sentence (“Default Notice”) shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. A party will not, however, be deemed in Default, if the nature of the failure to perform is non-monetary in nature and is such that it cannot reasonably be cured within such thirty (30) day period, and the non-performing party commences to cure the breach within such time period and diligently pursues such efforts through completion. Upon the occurrence of a Default under this Agreement, the nondefaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a Default, terminate this Agreement. If the breach is cured, then no Default shall exist and the noticing party shall take no further action.

Section 8.02. Force Majeure and Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in Default where delays in performance or failures to perform non-monetary obligations are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts

of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting state or federal laws or regulations, judicial decisions, or similar basis for excusable performance which is not within the reasonable control of the party to be excused (collectively “Force Majeure”). Litigation attacking the validity of this Agreement, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project pursuant to this Agreement, shall also be deemed to create an excusable delay as to Developer (collectively “Excusable Delay”). In the event of Force Majeure or Excusable Delay, the parties shall memorialize in writing the extension of time for the performance of any obligation whose performance has been so prevented or delayed. The term of any such extension shall be equal to the period of the Excusable Delay or Force Majeure or such other period as may be mutually agreed upon by both parties.

ARTICLE 9. NO AGENCY, JOINT VENTURE OR PARTNERSHIP
It is specifically understood and agreed to by and between the parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement and any the Project Approvals and applicable law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.

ARTICLE 10. MISCELLANEOUS
Section 10.01. Enforceability. City and Developer agree that, unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall, except as otherwise provided herein, be enforceable by any party hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code Section 65866; provided however, City may apply to the Project: (i) the most recent version of the California Building Code as published by the California Building Standards Commission and as modified and adopted by City; and (ii) later-enacted or modified rules, regulations, or policies that are required due to changes in state or federal law.

Section 10.02. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party.

Section 10.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and Subsequent Approvals and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Section 10.04. Construction. The Parties have been represented by counsel throughout the negotiation of the Project and creation of this agreement. Counsel for both Parties have contributed to this Agreement and approved it in its final form. Therefore both sides can be considered the drafting party, and neither party is subject to the presumption that ambiguities shall be construed against the drafting party in the interpretation or enforcement of this Agreement.

Section 10.05. Periodic Review of Compliance with Agreement. As required by Government Code Section 65865.1, the City shall conduct reviews at least once per year, as well as whenever the City deems that such a review is necessary to ensure that the Project and Developer remain in good faith compliance with this Agreement. This Agreement may be modified or cancelled if the City deems that Developer or the Project have not complied in good faith with any terms or conditions of this Agreement.

Section 10.06. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S.

Mail) by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

City of Tulare
411 East Kern Avenue
Tulare, CA 93274
Attention: Marc Mondell, City Manager
Quest Equity LLC
1878 North Mooney Boulevard, Suite J
Tulare CA 93274
Attention: Greg Nunley
Section 10.07. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in duplicate, each of which is deemed to be an original. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

Section 10.08. Waiver. Any waivers of the provisions of this Agreement or any breach of covenants or conditions contained in this Agreement shall be effective only if in writing and signed by the appropriate

authorities of City and Developer. A waiver of one (1) provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.

Section 10.09. Execution and Recordation of Development Agreement. Each party shall execute and notarize this Agreement within sixty (60) days of the City Council’s second reading and adoption of an ordinance approving this Agreement. Pursuant to California Government Code § 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of Tulare County.

Section 10.10. No Third-Party Beneficiaries. No person or entity shall be deemed to be a third­ party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Section 10.11. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Agreement's provisions.

Section 10.12. Discretion of City. Except for the obligations under this Agreement, City's execution of this Agreement in no way limits the discretion of City in the permit or approval process in connection with any site plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City's jurisdiction.

Section 10.13. Representations of Authority. Each person signing this Agreement on behalf of a non-person entity hereby represents and warrants to the other party they have authorization to sign this Agreement and bind the entity on whose behalf they are signing the Agreement.

Section 10.14. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action shall be in Tulare County, California.

Section 10.15. Attorneys’ Fees. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, costs and reasonable attorneys’ fees. Seller and Buyer agree that any such action shall be venued in Tulare County, California or in the Federal District Court in Fresno, California.

Section 10.16. Conflict with Other Documents. Nothing in this Agreement is intended to supersede, terminate, modify or otherwise affect any provision of the Project Approvals or Subsequent Approvals. In the event of a conflict between this Agreement and the Project Approvals or Subsequent Approvals, the Project Approvals and Subsequent Approvals shall govern. The execution of this Agreement by the parties hereto shall in no way otherwise affect the validity of any or all of the provisions of the Project Approvals or Subsequent Approvals.

IN WITNESS WHEREOF, the foregoing and was adopted at a regular meeting of said Council on June 3, 2025.

CITY OF TULARE

Patrick Isherwood
President of the Council and Ex-Officio Mayor
**Notary Required**

QUEST EQUITY LLC

Greg Nunley, Owner Member
**Notary Required**
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
APPROVED AS TO FORM:

Mario U. Zamora, City Attorney

EXHIBIT A.1
SUBJECT PROPERTY – ASSESSORS PARCEL MAP

EXHIBIT A.2
SUBJECT PROPERTY – PARCEL MAP 5423

EXHIBIT B

LEGAL DESCRIPTION

EXHIBIT C
RESOLUTION 5435

EXHIBIT D

INSURANCE REQUIREMENTS

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 14.1
Future Agenda Items

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 14.2
Future Agenda Items
JOSE SIGALA June 12, 2025 June 17, 2025
Joint Meeting between the College of the Sequoias and Tulare Joint Union High School District Board of Trustees
Mr. Mayor and Council,
I would like to request your support in placing an item on the June 3, 2025 council agenda for the Council to consider directing the City Manager and staff to reach out to the College of the Sequoias Superintendent and the Tulare Joint Union High School District Superintendent about our interest in scheduling a joint meeting with our city council in the next few months.

In the past we have had joint meetings that have allowed us to share information about the work we are doing in our respective jurisdictions that interconnect and overlap with each of our respective entities and how we can further collaborate.

This meeting would allow us to continue those discussions and how we can continue to collaborate to support our residents and students. Topics such as educational opportunities, joint facility uses, economic development, transportation, student housing, etc. would be some examples of agenda items.

I would also like to request the opportunity to work with the City Manager to draft an agenda we can present that will accomplish our goal for a productive joint meeting.

Thank you for your consideration.

JOSE SIGALA
Council Member, First District
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 14.3
Future Agenda Items
JOSE SIGALA May 28, 2025 June 3, 2025
Measure Y Allocation For Youth Progams & Initiatives
Mr. Mayor and Council,
I would like to request your support in placing an item on the June 17, 2025, council agenda for the Council to consider directing the City Manager and Finance Director to set aside 10 percent of Measure Y proceeds in the 2025 -2026 Fiscal Year budget to benefit at-risk youth programs and initiatives in the city.

As you may know, Measure Y is a voter-approved general tax on Cannabis sales in the city that has been passed, which allows the Council the discretion on how the funds may be spent.

I believe many young people who are at-risk in our communities will benefit from the investment the city makes in their well-being.

Thank you for your consideration.

JOSE SIGALA
City of Tulare Council Member, First District

COUNCIL ITEM REQUEST FORM